TCNS CLOTHING COMPANY LIMITED vs SUNIL KUMAR & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.11.2025 Judgment pronounced on: 17.11.2025 + FAO (COMM) 2/2025 TCNS CLOTHING COMPANY LIMITED .....Appellant Through: Mr. Mukesh Aggarwal, Advocate versus SUNIL KUMAR & ANR. .....Respondents Through: Mr. Jitender Solanki, Mr.Praveen Sehrawat and Mr.Hitesh Shastri, Advocates CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present Appeal, under Order XLIII Rule 1(a) read with Section 151 of the Code of Civil Procedure, 1908 1 , has been preferred by the Appellant against the Judgement dated 24.09.20242 passed by the learned District Judge (Commercial Court)-02, Patiala House Court, New Delhi, in Civil Suit (Commercial) No. 696 of 2024 3 , titled "TCNS Clothing Company Limited vs. Sunil Kumar and Another". 1 CPC 2 Impugned Judgement 3 District Judge Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO(COMM) 2/2025 Page 1 of 27 Signing Date:18.11.2025 15:38:38 BRIEF FACTS: 2. The short question involved in the present matter pertains to the interpretation of the term “commercial dispute” as defined under Section 2(1)(c)(vii) of the Commercial Courts Act, 20154. 3. Shorn of unnecessary details, the brief facts relevant for adjudication of the present Appeal are as follows: i. The parties herein entered into an agreement for the purpose of leasing out property bearing No. 338/2, Ground Floor, NH-8, Rangpuri, New Delhi Garden, Mahipalpur, New Delhi5, for the purpose of opening a showroom and using the said property for carrying out the business of a retail showroom/outlet under the brand of TCNS, vide Lease Deed dated 04.10.20166, for a period of nine years with effect from 04.10.2016. As per the agree