Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 2, Rule 2(3)–Commercial Courts Act, 2015–In the suit filed by the appellant, the respondent filed the application under Order 2, Rule 2(3) r/w. Sec. 151 for filing separate suit seeking the arrears of storage charges warehouse charges and damages for illegal use and occupation–Leave was granted and he filed the separate suit–Application for rejection of that suit–Dismissal of–Respondent-plaintiff had specifically reserved his rights in the first suit regarding his claims–There was neither any relinquishment at any stage nor omission to claim the relief–Appellant is facing recovery of more than Rs. eight crores and he is unnecessarily trying to delay the progress in the suit–Interference declined.
