SUSHIL KUMAR T/A DA POLO & ANR. vs THE POLO/ LAUREN COMPANY L.P.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.08.2025 + CM(M)-IPD 31/2025 & CM 180/2025 SUSHIL KUMAR T/A DA POLO & ANR. ..... Petitioners Versus THE POLO/ LAUREN COMPANY L.P. .....Respondent Advocates who appeared in this case For the Petitioners : Mr. Davesh Vashishtha, Mr. Uddyam Mukherjee & Mr. Himanshu Khulbe, Advocates (Through V.C.). For the Respondent : Mr. Rishi Bansal, Mr. Arpit Singh & Mr. Rishabh Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The Petitioners (Defendants in the Suit) have filed the present petition under Article 227 of the Constitution of India, 1950 (“Constitution of India”) being aggrieved by the order dated 04.06.2025 (“Impugned Order”) in CS(COMM) 575/2024 filed by the Respondent (“Suit”) passed by the learned District Judge (Commercial-01), South District, Saket Court, New Delhi (“Commercial Court”) rejecting the Application filed by the Signature Not Verified CM(M)-IPD 31/2025 Page 1 of 40 Signed By:NEELAM SHARMA Signing Date:22.08.2025 16:22:00 Petitioners (“Application”) under Order VII Rules 10 and 11 read with Sections 35, 35A and 151 of the Code of Civil Procedure, 1908 (“CPC”). 2. Vide the Application, the Petitioners sought dismissal of the Suit / rejection of Plaint on the ground that the Suit is under-valued and the learned Commercial Court lacked pecuniary jurisdiction to decide the Suit, the learned Commercial Court lacked territorial jurisdiction to try and entertain the Suit and no cause of action arises for filing of the Suit. 3. The Impugned Order, after considering the submissions made by the Parties and the applicable case laws, has dismissed the Application by considering the objection to the jurisdiction ‘by way of demurrer’. 4. Being aggrieved by the dismiss