M/S CHOPRA MARKETING PRIVATE LIMITED vs M/S DRISHTICON PROPERTIES PRIVATE LIMITED & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 03.09.2025 Judgment pronounced on: 17.09 .2025 + EFA(COMM) 4/2024 M/S CHOPRA MARKETING PRIVATE LIMITED .....Appellant Through: Mr. Amulya Dhingra, Mr. Aashutosh Jagtap, Advocates. versus M/S DRISHTICON PROPERTIES PRIVATE LIMITED & ANR. .....Respondents Through: Mr. Jayesh Kain, Mr. Vinayak Batta, Mr. Yogendra Kumar Verma, Mr. Jayesh Kain, Mr. V.S. Dubey, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Execution First Appeal has been filed under Section 13 of the Commercial Courts Act, 20151, against the Impugned Order dated 17.05.20242 passed by the learned District Judge (Commercial Court - 08), Central District, Tis Hazari 1 CC Act 2 Impugned Order Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA EFA(COMM) 4/2024 Page 1 of 13 Signing Date:18.09.2025 16:53:07 Courts, Delhi3, in Execution (Comm) No. 88/2024 titled ―M/s Chopra Marketing Pvt. Ltd. v. M/s Drishticon Properties Pvt. Ltd. & Ors.‖. 2. By the said order, the learned Commercial Court dismissed the execution application on the ground that the dispute between the parties does not qualify as a 'commercial dispute' within the meaning of the CC Act and, therefore, is not executable by the Commercial Court under Section 6 of the said Act. BRIEF FACTS: 3. The Appellant (Decree Holder) and the Respondent (Judgment Debtor) are duly incorporated companies under the Companies Act, engaged in commercial activities, including the real estate business. 4. Disputes arose pursuant to an Agreement to Sell dated 18.07.2006 in respect of property bearing No. 4, Ata-Ur-Rehman Lane, Under Hill Road, Rajpur Road, Delhi–110054. Upon failure o