Yerram Balakrishna Trading As M/S Bhagyalaxmi Industries v. Meenakshi Goel

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 71/2025 YERRAM BALAKRISHNA TRADING AS M/S BHAGYALAXMI INDUSTRIES .....Appellant Through:

Mr. Neeraj Grover, Mr. Ankur Tiwari and Mr. Mohit Sharma, Advocates.

versus MEENAKSHI GOEL .....Respondent Through:

Mr. J. Sai Deepak, Ms. Rima Majumdar, Mrs. Bindra Rana, Mr. Aditya Vats Sharma, Ms.

Aashi Nema and Ms. Saakshi Khandelwal, Advocates.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 11.03.2025 CM APPL. 14776/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

CM APPLs. 14777-78/2025 2.

For the reasons stated in the application(s), the delay of 10 days in filing the appeal and the delay of 10 days in re-filing the appeal is condoned.

3.

These applications stand disposed of.

FAO (COMM) 71/2025 & CM APPL. 14775/2025 4.

This appeal has been filed by the appellant, challenging the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Order dated 23rd December, 2024 passed by the learned District Judge (Commercial Court)-01, North-West District, Rohini Court, Delhi in CS (Comm.) No.384/2024 titled as Yerram Balakrishna Trading as: M/s Bhagyalaxmi Industries v. Meenakshi Goel Trading As: Robocura Wellness, dismissing the application filed by the appellant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short, 'CPC') and allowing the application filed by the respondent under Order XXXIX Rule 4 of the CPC. 5.

Without prejudice to the rights and contentions of the parties, the learned counsel for the appellant confines his prayer seeking a direction to the learned Trial Court to expedite the adjudication of the Suit itself.

6.

The learned senior counsel appearing for the respondent joins in the request and submits that the respondent shall fully cooperate with the appellant and the learned Trial Court in ensuring that the Suit itself is expeditiously decided.

7.

Given the fair stand of both the parties, we request the learned Trial Court to expedite the adjudication of the Suit itself. If required, the learned Trial Court shall appoint a Local Commissioner for recording the evidence of the parties. Endeavour shall be made by the learned Trial Court to dispose of the Suit within a period of six months from the first listing of the Suit before it, pursuant to the present order.

8.

The appeal is disposed of in the above terms. 9.

We make it clear that we have not expressed any opinion on the merits of the inter se dispute between the parties, and the order of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

learned Trial Court should not, in any manner, influence the trial of the Suit.

10.

The pending application also stands disposed of. NAVIN CHAWLA, J TEJAS KARIA, J MARCH 11, 2025 sc/VS Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.