DR K K SHRIVASTAVA vs STAR INFRATECH PRIVATE LIMITED & ORS.

Judgment text excerpt

* IN THEHIGH COURTOF DELHIAT NEW DELHI Date of decision: 11th MARCH, 2026 IN THE MATTER OF: I.A. 13055/2025 IN + CS(COMM) 558/2023 DR K K SHRIVASTAVA .....Plaintiff Through: Mr. Shantanu Parashar, Mr. Harsh Trivedi, Mr. Rohan Malik and Mr. Nitin Kumar, Advocates versus STAR INFRATECH PRIVATE LIMITED & ORS ......Defendants Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 13055/2025 1. On 21.01.2026, this Court while considering the present application being I.A. 13055/2025 filed by the Plaintiff under Order XIIIA of CPC, reserved Orders only to consider as to whether the present Suit is a commercial Suit or not. 2. Shorn of unnecessary details, the facts leading to the filing of the present Suit are as follows:- a. Defendant Nos.2 & 3 had approached the Plaintiff for the purpose of re-construction and re-development of a property admeasuring 500 sq. Signature Not Verified Signed By:RAHUL CS(COMM) 558/2023 Page 1 of 22 SINGH Signing Date:17.03.2026 10:52:41 yards, situated at E-7, East of Kailash, New Delhi – 110065 [“Suit property”]. b. It is stated that, thereafter, a Collaboration Agreement dated 09.05.2018[“Collaboration Agreement”] was executed between the Plaintiff-Dr. K. K. Shrivastava and Defendant No.1- Star Infratech Private Limited, represented by Defendant Nos. 2 & 3 for the re- development and re-construction of the Suit Property. The Defendants are the Developers herein. c. For a better understanding of the case, it is necessary to reproduce the relevant portion of the Collaboration Agreement dated 09.05.2018 which reads as under: “COLLABORATION AGREEMENT This COLLABORATION AGREEMENT is made and executed here at New Delhi on this 09thday of May, 2018 By & Between: Dr. K. K SHRIVASTAVA son of late Shri Brij Kishore Sh