JAGESHWAR DAYAL Vs. K.K KAPOOR

JUDGEMENT

(1.) The petitioner is aggrieved by the orders dtd. 27/9/2022 and 25/1/2023 passed by the learned Additional District Judge-02, South West District, Dwarka Courts, Delhi (in short 'Trial Court') in CS DJ ADJ no. 853/2019 titled as 'Jageshwar Dayal vs. K.K Kapoor' whereby while deciding the application under Order VII Rule 11 of Civil Procedure Code, 1908 (in short 'CPC') filed by the respondent herein as well as an application under Sec. 14 of the Limitation Act, 1963 moved by the petitioner herein, the learned Trial Court returned the plaint along with the relevant documents on the ground that it lacks jurisdiction to try the present suit as the dispute involved is commercial in nature and the petitioner ought to have filed the said suit before the designated Commercial Court.

(2.) The relevant facts culminating into filing of the present petition are that on 26/7/2016, the petitioner instituted a suit against the respondent before the Court of learned ADJ-03, Tis Hazari Courts, Delhi (hereinafter referred to as 'Ld. ADJ-03') seeking recovery of Rs.8,94,882.00 for the piping work done at Delhi Cantonment and Khatri, Rajasthan.

(3.) It is the case of the petitioner that upon completion of the work, he submitted a final bill for a sum of Rs.27,93,458.00 to the respondent. Out of the aforesaid amount, the respondent made substantial payments totaling Rs.21,04,000.00 on various dates and the last payment of Rs.1,00,000.00 was made on 22/4/2015. However, after the last payment, the respondent allegedly avoided making further payments for the remaining amount on one pretext or the other. Subsequently, the petitioner sent a legal notice dtd. 23/6/2016. The respondent neither replied to the said notice nor made any payment. Consequently, the petitioner filed the suit for recovery before the Court of learned ADJ-03.