Celebrities Management Private Limited v. Travellers Exchange Corporation Limited & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 223/2017 CELEBRITIES MANAGEMENT PRIVATE LIMITED ..... Appellant Through:

Mr.Abhishek Puri and Mr.V.Siddharth, Advocates.

versus TRAVELLERS EXCHANGE CORPORATION LIMITED & ORS ..... Respondents Through:

Mr.Mohit Goel, Mr.Sidhant Goel, Mr.Bhardwaj Jaishankar & Mr.Abhishek Kotnala, Advocates.

CORAM:

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

O R D E R

% 03.01.2018 This is an appeal under Section 13 (1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Acts, 2015 read with Section 10 (1) of the Delhi High Court Act, 1966 assailing the order dated 07.12.2017 by which IA No.8144/2016 (under Order VI Rule 17 CPC) filed by the plaintiff/respondent herein has been heard and allowed, while the application I.A.No.5793/2016 (under Order VII Rule 10 CPC) filed by the defendant/appellant herein has been adjourned and placed before the Roster Bench. FAO(OS) (COMM) 223/2017

Learned counsel for the appellant contends that in fact neither the arguments were heard or addressed in respect of I.A.No.12078/2016 [under Order XI Rule 1(5) CPC] nor in I.A.No.8144/2016 and in fact arguments were only addressed in respect of I.A.No.5793/2016. After some hearing in the matter, learned counsel for the appellant concedes that the present appeal is not maintainable in view of the decision rendered by Division Bench of this Court in case titled as HPL (India) Limited & Ors vs. QRG Enterprises & Anr., in FAO (OS) (COMM) No.12/2017 decided on 14.02.2017. He further submits that he would seek such other remedy available to him in accordance with law. Accordingly, the appeal is dismissed as not pressed. CM Nos.46261-46263/2017 These applications are dismissed as not pressed. G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J JANUARY 03, 2018 ssc FAO(OS) (COMM) 223/2017