Pushpa Jain v. M/S Leo Infra Capital Ltd & ORS

$~11 to 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 151/2019 and CM APPL. 3051/2024 (Vacation of Stay) PUSHPA JAIN .....Appellant Through:

Mr. TPS Kang, Mr. MD Zunaid, Mr. Kabir Singh, Ms Mehak Gupta and Ms. Mansi Katoch, Advs.

versus M/S LEO INFRA CAPITAL LTD & ORS .....Respondents Through:

Ms. Kshirja Agarwal and Mr.

Srikant Singh, Advs. for R-1.

Mr. Alok Kumar Aggarwal, Ms. Anushruti and Ms. Snigdha Rajpal, Advs. for R-2 to 4.

+ FAO(OS) (COMM) 152/2019 and CM APPL. 3053/2024 (Vacation of Stay) DEVENDER KUMAR JAIN .....Appellant Through:

Appearance not given versus M/S LEO INFRA CAPITAL LTD & ORS .....Respondents Through:

Ms. Kshirja Agarwal and Mr.

Srikant Singh, Advs. for R-1.

Mr. Alok Kumar Aggarwal, Ms. Anushruti and Ms. Snigdha Rajpal, Advs. for R-2 to 4.

+ FAO(OS) (COMM) 153/2019 and CM APPL. 3049/2024 (Vacation Of Stay) DEVENDER KUMAR JAIN .....Appellant Through:

Mr. TPS Kang, Mr. MD Zunaid, Mr. Kabir Singh, Ms Mehak Gupta and Ms. Mansi Katoch, Advs.

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 03/07/2025 at 00:12:02

versus M/S LEO ISPAT LTD & ORS .....Respondents Through:

Ms. Kshirja Agarwal and Mr.

Srikant Singh, Advs. for R-1.

Mr. Alok Kumar Aggarwal, Ms. Anushruti and Ms. Snigdha Rajpal, Advs. for R-2 to 4.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 10.12.2024 1.

These appeals are directed against the order dated 15 April 2019 in terms of which the learned Single Judge has disposed of an application seeking leave to defend. The said application has come to be granted subject to conditions imposed by the learned Single Judge. 2.

The respondents take a preliminary objection to the maintainability of the appeal itself with it being pointed out that the same would not sustain in light of the provisions made in Order XLIII of the Code of Civil Procedure, 1908 ["CPC"]. 3.

We note from a reading of Order XLIII that no appeal is provided against an order granting leave to defend in terms contemplated under Order XXXVII.

4.

In view of the aforesaid, the appeal is dismissed as being not maintainable. The present order shall be without prejudice to any other right that may be available in law to the appellants. YASHWANT VARMA, J.

DHARMESH SHARMA, J.

DECEMBER 10, 2024/DR 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 03/07/2025 at 00:12:02