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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 151/2023 and CM Nos.36972/2023 & 53016/2023
TARVINDER KHANNA ..... Appellant
Through: Mr Basab Senguupta, proxy counsel
for Mr R.S. Kaushik, Advocate.
versus
RAKESH MIDHA AND ANR. ..... Respondents
Through: Mr Abhishek Kumar, Mr Krishan
Kumar, Mr Sumit Kashyap and Mr
Shrish, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 31.01.2024
1. The appellant has preferred the present appeal impugning the orders
dated 14.07.2022, 24.05.2023 and 07.06.2022 (hereafter collectively
referred as ‘impugned orders’). The impugned orders were passed in CS
(COMM.) 418/2020 captioned Rakesh Midha v. Sidhharth Khullar. The
impugned order dated 14.07.2022 was passed under Order XVA of the Code
of Civil Procedure, 1908 (hereafter ‘CPC’) and the impugned order dated
24.05.2023 was passed rejecting the application filed for seeking recall of
the said order.
2. The orders impugned in the present appeal are not appealable under
Order XLIII Rule 1 of the CPC.
3. It is now well settled that an appeal would lie only against such orders
that are enumerated under Order XLIII Rule 1 of the CPC in terms of
proviso to Section 13(1A) of the Commercial Courts Act, 2015. (Ref:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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Kandla Export Corporation & Anr. v. OCI Corporation & Anr.: (2018) 14
SCC 715, Odean Builders Pvt. Ltd. v. NBCC (India) Ltd: Neutral Citation
No.2021: DHC:2822-DB, Prime Hi-Tech Engineering Limited v. Sahara
Forage ET BTP Sarl Limited Liability Company (P) Ltd: Neutral Citation
No.2023: DHC:5266-DB, Arrena Overseas Private Limited v. Batra Art
Press.: Neutral Citation No.2023: DHC:7446-DB).
4. In view of the above, the appeal is not maintainable. The same is,
accordingly, disposed of.
5. The amount deposited by the appellant with the Registry of this Court
is forthwith directed to be returned to the appellant.
6. All pending applications are also disposed of.
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
JANUARY 31, 2024
RK
This is a digitally signed order.
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 13/12/2024 at 14:32:28