CAMPOS BROTHERS FARMS vs MATRU BHUMI SUPPLY CHAIN PVT LIMITED & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.01.2026 Judgment pronounced on: 05.05.2026 Judgment uploaded on: 05.05.2026 + RFA(OS)(COMM) 3/2025 CAMPOS BROTHERS FARMS .....Appellant Through: Mr. Uttam Datt, Sr. Adv. alongwith Mr. Abhishek Mishra, Ms. Sonakshi Singh, Mr. Kumar Bhaskar and Mr. Naman Kumar, Advs. versus MATRU BHUMI SUPPLY CHAIN PVT LIMITED & ORS. .....Respondents Through: Mr. Jayant Mehta, Sr. Adv. with Mr. Sulabh Rewari, Ms. Mansa Shukla, Mr. Shubhansh Thakur and Mr. Om Shelat, Advs. for R-1. Ms. Riya Singh, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The issue which arises for consideration in the present Appeal is whether a civil suit can be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the premise that the cause of action has merged into a foreign arbitral award, when such award has neither attained enforceability under Part II of the Arbitration and Signature Not VerifiedRFA(OS)(COMM) 3/2025 Page 1 of 16 Signed By:JAI NARAYAN Signing Date:05.05.2026 17:18:22 Conciliation Act, 1996 nor resulted in a decree of an Indian court. 2. The present Appeal, filed by the Appellant [Plaintiff before the learned Single Judge], assails the correctness of judgment and order dated 03.10.2024 [hereinafter referred to as „Impugned Order‟] passed by the learned Single Judge in CS(COMM) No. 1173/2018, whereby the Plaint filed by the Plaintiff came to be rejected at the threshold FACTUAL MATRIX 3. The relevant facts, in brief, are required to be noticed in order to appreciate the controversy involved in the present Appeal. For the sake of convenience, the parties are being referred to as they were arrayed before the learned Single Judge. 4. Th