MAHESH CHANDER KUMAR Vs. BHAGWAN SINGH SAINI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 17/8/2023 passed by the District Judge (Commercial Court)-01, District: South-west, Dwarka Courts, New Delhi ("Trial Court') in CS (COMM) No. 245/2021 titled as 'Bhagwan Singh Saini v. Mahesh Chander Kumar' whereby, the Trial Court dismissed the application filed by the Petitioner under Order 7 Rule 11 Code of Civil Procedure, 1908 ("CPC").

(2.) The relationship between the parties is admittedly of a licensor and licensee. The application under Order 7 Rule 11 CPC has been filed on 4/3/2023; by the defendant on the ground that the mandatory provision of Sec. 12-A of the Commercial Courts Act, 2015 ("Act of 2015') has not been complied with by the plaintiff before institution of the suit.

(3.) The learned counsel for the Petitioner before this Court has relied upon the judgment of the Supreme Court in M/s Patil Automation Private Ltd. and Ors. Vs. Rakheja Engineers Pvt. Ltd. (2022) 10 SCC 1, for maintaining the application under Order 7 Rule 11 CPC.