Doctor Morepen Ltd And ANR v. Poysha Power Generation P Ltd And ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 159/2017 DOCTOR MOREPEN LTD AND ANR ..... Appellants Through Mr. Yash Verma, Advocate versus POYSHA POWER GENERATION P LTD AND ANR ..... Respondents Through Mr. Simran Mehta, Advocate for Respondent no.1 Mr. Harish Malhotra, Sr. Adv with Mr. Anil Upadhyay and Mr. Rohit Ranjan, Advocates for Respondent No.2

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.08.2017 Caveat 713/2017 As respondents have entered appearance, the caveat stands discharged. C.M. No.28749/2017 Exemption allowed, subject to all just exceptions. FAO(OS) (COMM) 159/2017 & CM No.28750/2017 (stay) The present intra-court appeal would not be maintainable in view of Section 13(1) of the Commercial Courts, Commercial Division

and Commercial Appellate Division of High Courts Act, 2015. 2.

The impugned order is not appealable under Order XLIII of the Code of Civil Procedure, 1908 (hereinafter referred to as „the Code‟). Rule 1A of Order XLIII of the Code permits a party to challenge any non-appealable order once judgment is pronounced against such party and a decree is drawn up.

3.

The Division Bench of this Court in HPL (I) (L) & Ors. vs. QRG Enterprises & Anr. FAO(OS) Com.12/2017 decided on 14.02.2017 has held that in view of provisions of Commercial Courts Act, appeal would not be maintainable against non-appealable orders under Order XLIII of the Code.

4.

The impugned order notices that witness of respondent no.2, Suresh Goyal has been under cross examination since 05.09.2016 and has been cross examined on five different dates. One full day‟s time has been given to the appellant to complete the said cross examination before the Local Commissioner.

5.

In view the aforesaid position, we are not inclined to interfere with the impugned order.

5.

Appeal is dismissed as not maintainable.

SANJIV KHANNA, J NAVIN CHAWLA, J AUGUST 11, 2017 sm