M/S. Blue Ice Farms Pvt. Ltd. v. Amrish Gupta & ANR.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 551/2024 with CM APPL. 74403/2024 (stay), CM APPL. 74405/2024 (for filing additional documents) and CM APPL. 74406/2024 (for delay of 340 days in re-filing) M/S. BLUE ICE FARMS PVT. LTD. .....APPELLANT Through:
Mr.
Kanhaiya Singhal, Mr.Prasanna, Mr.
Ajay, Mr.Binwant Singh, Mr.Rishabh Bhardwaj, Mr. Rajat Pandey, Advocates.
versus AMRISH GUPTA & ANR.
.....RESPONDENTS Through:
Mr. Ashutosh Gupta and Mr.
Gaurav Rana, Advocates through VC.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 25.03.2025 1.
The present appeal, filed under Section 13 (1A) of the Commercial Courts Act, 2015 read with Section 96 and Order 41 Rule 1 of the Code of Civil Procedure, 1908, seeks setting aside of the judgment dated 16.09.2023 whereby the suit was rejected as not maintainable under Section 2(1)(c) of the Commercial Court Act, 2015.
2.
Learned counsel for the appellant/plaintiff states that he seeks to withdraw the present appeal with liberty to take remedies as available in accordance with law.
3.
Needless to state that in case a fresh suit is filed, the issue as to 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 29/03/2025 at 14:46:18
whether the appellant/plaintiff is entitled to recovery of possession or not would depend upon the facts of the case and this Court does not opine on the merits of the case.
4.
It is always open to the appellant/plaintiff to file a fresh suit in accordance with law, which shall be considered by the Court on its own merits.
5.
The appeal stands disposed of.
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
MARCH 25, 2025/AK 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 29/03/2025 at 14:46:18