Exclusive Capital Pvt. Ltd. v. Evaan Holdings Pvt. Ltd. & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 742/2024 & CM APPL. 44055-44057/2024 EXCLUSIVE CAPITAL PVT. LTD.

.....Appellant Through:

Mr Rajshekhar Rao, Sr Advocate with Mr. Avishkar Singhvi, Mr. Shivam Gaur, Mr. Kshitij Joshi and Mr.Aryan Kumar, Advocates.

versus EVAAN HOLDINGS PVT. LTD. & ORS.

.....Respondents Through:

Mr Parag Tripathi, Sr. Advocate with Mr. Annirudh Sharma, Ms. Devika Mohan and Ms. Sonali Sharma, Advocates for R-l.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 09.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

This appeal is directed against the judgment and order dated 24.07.2024, passed by the learned Single Judge. 2.

A perusal of the order would show that after some preliminary observations, the learned Single Judge has merely issued notice in the writ petition. No interim order has been passed.

3. We may also observe that the learned counsel for the appellant, however, is aggrieved by certain observations made in the impugned judgment and order.

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 23/08/2024 at 11:16:44

4.

It is the contention of the learned counsel for the appellant that preliminary objections with regard to the maintainability of the writ action were raised, which have not been considered.

5.

According to the learned counsel for the appellant, the observations made in the impugned judgment and order would impact the conclusions that the RBI may arrive at, while framing its status report. 6.

We have heard the learned counsel for the appellant at some length. 7.

In our view, at the moment, the appeal is premature. The learned Single Judge has not ruled one way or the other, i.e., either on the preliminary objections concerning maintainability of the writ action or on the merits of the matter.

8.

It is our sense that the observations are exploratory at this stage and do not advert to the final decision on the issues concerning preliminary objections or qua the merits.

9.

The appeal is, accordingly, closed.

10.

Needless to add, the parties will have their complete say before the learned Single Judge.

11.

It is expected that RBI will submit its report uninfluenced by the observations made in the impugned judgment and order. 12.

As far as this Court is concerned, clearly, we have not expressed any view on the merits of the case.

13.

The pending applications shall stand closed.

RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 9, 2024/PB 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 23/08/2024 at 11:16:44