Pankaj Dayal v. Amanpreet Singh Kohli
$~79 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 85/2023 and CM APPL. 21734/2023 PANKAJ DAYAL ..... Appellant Through:
Mr. B. B. Gupta, Sr. Adv with Mr.
Amit Khanna, Mr. Desh Raj and Ms.
Rashmi Raj Vardhan, Advs.
versus AMANPREET SINGH KOHLI ..... Respondent Through:
Ms.
Supriya Juneja, Ms.
Charu Sharma and Mr. Mohit Seth, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 18.01.2024 1.
The appellant has filed the present appeal impugning an order dated 27.03.2023 passed by the learned Single Judge under Order XIIIA of the Code of Civil Procedure, 1908 (hereafter 'the CPC') directing the appellant to deposit a sum of ₹ 4,50,00,000/- within a period of four weeks failing which, the appellant's defence would stand closed. 2.
The learned counsel appearing for the respondent submits that the present appeal is not maintainable as the impugned order does not lie in terms of the Order XLIII Rule 1 of the CPC. She further submits that, thus, in terms of Section 13 of the Commercial Courts Act, 2015, the present appeal would not be maintainable. She also referred to the decision of the Hon'ble Supreme Court in Kandla Export Corporation & Anr. v. OCI Corporation & Anr.: (2018) 14 SCC 715, as well as the decision of this Court in Odeon Builders Pvt. Ltd. Vs. NBCC (India) Ltd.: 2021 SCC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 15:11:04
OnLine Del 4390.
3.
The said contention is merited.
The present appeal is not maintainable and is, accordingly, dismissed. Pending applications, if any, also stand disposed of.
VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 18, 2024 aks 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. The Order is downloaded from the DHC Server on 06/06/2024 at 15:11:04