ANIL KHANDELWAL Vs. REGISTRAR UNIVERSITY OF DELHI

JUDGEMENT

(1.) The appellant has filed the present appeal impugning an order dtd. 12/7/2022 (hereafter 'the impugned order') passed by the learned Commercial Court, Delhi whereby, the respondent's application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') was allowed. Consequently, the suit filed by the appellant being CS(COMM) No.226/2019 captioned Shri Anil Khandelwal Proprietor M/s Nand Kishore Anil Kumar v. The Registrar, University of Delhi, was dismissed.

(2.) The learned Commercial Court accepted the respondent's plea that the suit was barred by limitation. The learned Commercial Court also observed that there was an arbitration agreement between the parties and therefore, the appellant could not invoke the jurisdiction of the Civil Court. Therefore, the aforementioned suit was not maintainable.

(3.) The principal controversy to be examined is whether the suit filed by the appellant was ex facie barred by limitation. And, whether the suit could be rejected as not maintainable on the ground that the parties had entered into an arbitration agreement. FACTUAL CONTEXT