ASIF ALI KHAN Vs. MANOJ KUMAR

JUDGEMENT

(1.) The appellant (plaintiff in the suit) has filed the present appeal impugning an order dtd. 20/2/2024 (hereafter the impugned order) passed by the learned Commercial Court allowing the respondent's (defendant's) application under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereafter the CPC). The Court directed return of the plaint in view of its finding that the dispute between the parties is not a "commercial dispute" under the Commercial Courts Act, 2015 (hereafter 'CC Act').

(2.) The appellant had instituted the said suit - CS (COMM) No.482/2022 captioned Asif Ali Khan v. Manoj Kumar - for recovery of sum of Rs.55,00,000.00. The appellant claims that the respondent had entered into a Collaboration Agreement dtd. 22/6/2016 (hereafter Collaboration Agreement) with the owners of the property bearing no.260 and 260A, Khasra No.210 min., Village Hauz Rani, Tehsil Hauz Khas, Malviya Nagar, New Delhi -110017, admeasuring 573 sq. yds (hereafter the subject property). In terms of the Collaboration Agreement, the subject property was required to be demolished and a new building was required to be raised by the respondent. Further, in terms of the Collaboration Agreement, the respondent was entitled to accept bookings for sale of separate portions of the subject property.

(3.) The appellant claims that on the basis of the representations made by the respondent, he agreed to purchase the first floor, corner side Flat No.8, Property No.260 and 260A, measuring 135 sq. yds., Khasra No.210 min., Village Hauz Rani, Tehsil Hauz Khas, Malviya Nagar, New Delhi-110017 out of the total area of 573 sq. yds (hereafter the said flat). The said flat comprised of three bed rooms, one drawing / dining room, three bathrooms, kitchen, staircase, lift with one car parking. The total sale consideration of the said flat was agreed at Rs.1,27,00,000.00. The appellant claims that the parties had entered into an 'Advance Receipt-cum-Agreement to Sell and Purchase' dtd. 25/8/2016 (hereafter Agreement to Sell) recording the terms of their agreement.