Tarvinder Khanna v. Rakesh Midha And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 151/2023 and CM Nos.36972/2023 & 53016/2023 TARVINDER KHANNA ..... Appellant Through:
Mr Basab Senguupta, proxy counsel for Mr R.S. Kaushik, Advocate.
versus RAKESH MIDHA AND ANR.
..... Respondents Through:
Mr Abhishek Kumar, Mr Krishan Kumar, Mr Sumit Kashyap and Mr Shrish, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 31.01.2024 1.
The appellant has preferred the present appeal impugning the orders dated 14.07.2022, 24.05.2023 and 07.06.2022 (hereafter collectively referred as 'impugned orders'). The impugned orders were passed in CS (COMM.) 418/2020 captioned Rakesh Midha v. Sidhharth Khullar. The impugned order dated 14.07.2022 was passed under Order XVA of the Code of Civil Procedure, 1908 (hereafter 'CPC') and the impugned order dated 24.05.2023 was passed rejecting the application filed for seeking recall of the said order.
2.
The orders impugned in the present appeal are not appealable under Order XLIII Rule 1 of the CPC.
3.
It is now well settled that an appeal would lie only against such orders that are enumerated under Order XLIII Rule 1 of the CPC in terms of proviso to Section 13(1A) of the Commercial Courts Act, 2015. (Ref: 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 13/12/2024 at 14:32:28
Kandla Export Corporation & Anr. v. OCI Corporation & Anr.: (2018) 14 No.2021: DHC:2822-DB, Prime Hi-Tech Engineering Limited v. Sahara No.2023: DHC:5266-DB, Arrena Overseas Private Limited v. Batra Art 4.
In view of the above, the appeal is not maintainable. The same is, accordingly, disposed of.
5.
The amount deposited by the appellant with the Registry of this Court is forthwith directed to be returned to the appellant. 6.
All pending applications are also disposed of. VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 31, 2024 RK 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 13/12/2024 at 14:32:28