Holybelly Food Boutique Llp & ANR. v. Vikrant Suri & ORS.

$~45 and 46 * IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 286/2024, CM APPL. 73444/2024-Stay CM APPL. 73445/2024-Exp, CM APPL. 73446/2024-Addl.doc. RISHIKANT BHARDWAJ .....Appellant Through:

Mr.Raghav Sood, Advocate versus VIKRANT SURI & ORS.

.....Respondents Through:

Mr.Ishan Sachdeva, Advocate for R-1 and 2 + FAO(OS) (COMM) 287/2024, CM APPL. 73447/2024-Addl.doc. CM APPL. 73448/2024-Stay, CM APPL. 73449/2024-Exp HOLYBELLY FOOD BOUTIQUE LLP & ANR. .....Appellants Through:

Mr.Ashish Dholakia, Senior Advocate with Mr.Aman Sharma, Mr.Subhoday Banerjee, Mr.Tarun Mehra and Mr.Jayesh Sharma, Advocates versus VIKRANT SURI & ORS.

.....Respondents Through:

Mr.Ishan Sachdeva, Advocate for R-1 and 2

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.12.2024 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 17/12/2024 at 11:40:00

1.

The present appeals under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 seek to assail the order dated 14.11.2024 passed by the learned Single Judge in O.M.P.(I) (COMM.) No. 390/2024. 2.

At the outset, we note that the impugned order is a consent order. We are, therefore, of the view, the appellants having volunteered to make the deposit of the amount directed under the impugned order, the appeals are per se not maintainable.

3.

When faced with this situation, learned senior counsel for the appellant prays that time be granted under the impugned order by the learned Single Judge for filing of affidavit of assets, reply and making the deposit, be extended till 15.01.2025.

4.

Learned counsel for the respondent, who appears on advance notice, fairly does not oppose this limited request.

5.

In the light of the aforesaid, even though we are dismissing the appeal as not being maintainable, we are, with the consent of the parties extending the time granted to the appellant for filing of the affidavit of assets and reply as also time for making the deposit in terms of paragraph 8 of the impugned order till 15.01.2025.

6.

The appeals, alongwith the pending applications, are accordingly dismissed.

REKHA PALLI, J SAURABH BANERJEE, J DECEMBER 13, 2024/SV 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 17/12/2024 at 11:40:00