KRISHAN CHAWLA vs SANJEEV JAIN AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16.02.2026 Pronounced on: 08.04.2026 + RFA(COMM) 102/2026 AND CM APPL. 10528/2026 KRISHAN CHAWLA ....APPELLANT Through: Mr. Subhankar Sengupta and Mr. Narender Yadav, Advocate. versus SANJEEV JAIN AND ORS. .... RESPONDENTS Through: Mr. Vinod Kumar Mantoo, Mr. Hem Kumar and Ms. Niharika Mantoo, Advs. for R-1 to 2. Mr. Anuj Agarwal, Advocate for R-3. Mr. Mohd. Afaque, Advocate for R-4. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present appeal assails the Order dated 15.12.2025 (hereinafter referred to as the “impugned order”) passed by the learned District Judge (Commercial) (Digital-07), South-East District, Saket Courts, New Delhi (hereinafter referred to as the “Commercial Court”) in C.S. (COMM) No. 993/2025. By the impugned order, the suit filed by the Appellant seeking reliefs of declaration and injunction was dismissed as withdrawn simplicitor without liberty to file a fresh suit. Signature Not Verified Signed By:PRIYADARSHANI JAIN Signing Date:08.04.2026RFA(COMM) 102/2026 Page 1 of 8 13:34:10 2. Briefly stated, the Appellant instituted a commercial suit on 01.12.2025 seeking, inter alia, a declaration that certain cash receipts relied upon by Defendant No. 1 were false and fabricated, along with consequential injunctive reliefs restraining their use and enforcement of alleged rights arising from an agreement dated 01.02.2022 (executed on 01.08.2022). Along with the plaint, the Appellant filed an application seeking exemption from pre-institution mediation under Section 12A of the Act and an application under Order XXXIX Rules 1 and 2 CPC for interim relief. 3. The matter was first taken up on 03.12.2025, when arguments were heard on the application for interi