VIVEK KUMAR VERMA vs SMT. NIRMAL VERMA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th May, 2025 CM(M) 3387/2024 & CM APPL. 52804/2024 VIVEK KUMAR VERMA .....Petitioner Through: Mr. Shekhar Prit Jha and Ms. Preeti Kumari, Advocates versus SMT. NIRMAL VERMA & ORS. .....Respondent Through: Mr. Himal Akhtar, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein filed a suit seeking specific performance of one agreement to sell. 2. During the pendency of the abovesaid suit, an application was moved by the defendant under Order VII Rule 11 read with Section 151 CPC praying therein that since the dispute involved is commercial in nature and since no step to invoke pre-institution mediation in terms of Section 12(A) of Commercial Courts Act, 2015 was taken, the suit may be rejected. 3. Admittedly, the suit in question was filed as a regular suit. 4. While considering the abovesaid application, the learned Trial Court came to the conclusion that dispute was commercial dispute and, therefore, it was to be tried exclusively by a Commercial Court. 5. However, instead of rejecting the suit, the learned Trial Court directed its return under Order VII Rule 10 A CPC and directed the