CHAND MEHRA & ANR. vs BRITISH AIRWAYS PLC

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 16.09.2025 % Judgment delivered on: 23.09.2025 + FAO (COMM) 245/2024 CHAND MEHRA & ANR. .....Appellants Through: Ms. Shaini Bhardwaj, Mr. Aditya Sharma, Mr. Avichal Mishra, Mr. Vedic Thukral and Ms. Rukhsar, Advocates. versus BRITISH AIRWAYS PLC .....Respondent Through: Ms. Ritu Singh Mann, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, CJ 1. The appellants-plaintiffs by instituting the instant appeal challenges an order dated 14.11.2024 passed by the learned District Judge (Commercial Court-03), South-East, Saket Courts, Delhi, whereby an application moved by the respondent/defendant under Order VII Rule 10 & Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) has been allowed and the learned Commercial Court below has ordered for return of the plaint to the appellants-plaintiffs with liberty to file the same before a Court of competent jurisdiction. 2. By means of the order under appeal the learned Commercial Court has passed the order for returning the plaint under Order VII Rule 10 CPC holding that the nature of dispute raised in the suit filed by the appellants- FAO (COMM) 245/2024 Page 1 of 14 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:23.09.2025 14:45:41 plaintiffs does not in any manner constitute commercial dispute within the meaning of the said term under Section 2 (1) (c) of the Commercial Courts Act, 2015 (hereinafter referred to as Act) and as such the Commercial Court does not have any jurisdiction to entertain the suit. 3. A suit bearing CS (COMM) 185/2024 was filed by the appellants/plaintiffs with the prayer for passing a decree for recovery of Rs.5,09,918/- against the