Plaint Can't Be Rejected Under Order VII Rule 11 Of CPC Due To Arbitration Clause Unless Application Under Section 8 Of Arbitration & Conciliation Act Is Filed : Delhi High Court

A dispute arose between Din Dayal Agrawal HUF and Capriso Finance Ltd. over a loan of Rs. 35,00,000/- taken by the petitioner on March 18, 2019. As part of the agreement, 13,113 fully paid-up equity shares of M/s Trishul Dream Homes Ltd. were pledged. The respondent filed a civil suit (CS (Comm) No. 2242/2022) on September 22, 2022, before the Commercial Court, Tis Hazari, seeking recovery of the loan amount.…