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Judgment
TARA VITASTA GANJU, J.: (Oral)
The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge an order dated 08.08.2022 passed by the learned Additional District Judge, Saket Courts, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the issue No.1 which is a preliminary issue on territorial jurisdiction of the suit has been decided by the learned Trial Court.
The question of maintainability of the present Petition was raised. The learned Counsel for the Petitioner after examining the same, fairly conceded that the dispute is a commercial dispute under Section 2(1)(c)(i) of the Commercial Courts Act, 2015 [hereinafter referred to as “CC Act”] to be C.R.P. 198/2022 Page 1 of 2 governed by the provisions of the CC Act.
Learned Counsel for the Petitioner thus submits that he may be permitted to withdraw this Petition with liberty to take appropriate steps.
The Petition is dismissed as withdrawn with liberty as sought for albeit in accordance with law.
The parties shall act based on a digitally signed copy of the order.