High Court of DelhiFAO(OS) (COMM)/215/2018

Oberoi Realty Ltd & ORS v. Eih Ltd & ORS

2018-09-24Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 215/2018 OBEROI REALTY LTD & ORS.

..... Appellants Through:

Mr. Rajiv Nayar, Senior Advocate with Ms.Rashmi Singh and Ms. Nidhima Sareen, Advocates.

versus EIH LTD & ORS.

..... Respondent Through:

Mr. Sudhanshu Batra, Senior Advocate with Mr. Pravin Anand, Mr. Shrawan Chopra, Mr. Aditya Mishra and Mr. Pundreek Dwivedi, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 24.09.2018 Caveat No.857/2018 Mr. Batra, learned Senior Counsel enters appearance on behalf of the Caveator/respondents.

Accordingly, the Caveat stands disposed of.

CM APPLN. No. 37869/2018 Exemption allowed, subject to just all exceptions. Application stands disposed of.

FAO (OS) (Comm.) No. 215/2018 The present appeal is directed against the order dated 05.07.2018 passed by the learned Single Judge by which an application filed by the appellant herein under Order VII Rule 10 Code of Civil Procedure, 1908 raising a plea that the Court at Delhi has no territorial jurisdiction to hear the matter, has been rejected.

It is not disputed that the present appeal would not be maintainable in view of the law laid down in FAO (OS) (COMM) No.12/2017 titled as HPL (India) Limited and Ors. Vs.QRG Enterprises and Ors., reported in 238 (2017) DLT 123. Para 36 of HPL (India) Limited and Ors. (Supra), reads as under:

"36. Therefore, as the impugned order does not find place in the orders specifically enumerated in Order XLIII CPC, no appeal could lie against it and the present appeal is not maintainable. But, as the learned counsel for the appellants have made several submissions to the contrary we shall have to deal with them."

Also see on FAO (OS) (COMM.) 186/2017 titled as Varun Fashion Vs. ITC Ltd., decided on 14.11.2017.

It is however pointed out that an SLP is pending before the Supreme Court of India.

In view of the above, law laid down in the case of HPL (India) Limited and Ors. Vs.QRG Enterprises and Ors., the present appeal is dismissed as not maintainable.

CM APPLN. No. 37868/2018 In view of the order passed in the appeal, the present application is rendered infructuous.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 24, 2018 / gr