Delhi High Court – Orders
M/S. Brewforce Technologies vs M/S. Raja Kaimoor Breweries Pvt.Ltd on 17 December, 2024
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 290/2024
M/S. BREWFORCE TECHNOLOGIES .....Appellant
Through: Mr. Amarjeet Singh Sahni, Ms.
Vanshika Goyal, Advocates.
versus
M/S. RAJA KAIMOOR BREWERIES PVT.LTD. .....Respondent
Through: None.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 17.12.2024
CM APPL. 74059/2024 CM APPL. 74060/2024
1. Allowed subject to all just exceptions.
2. The application stands disposed of.
FAO(OS) (COMM) 290/2024
1. The petitioner has filed the present appeal impugning an order dated
11.11.2024 passed by the learned Single Judge rejecting the appellant’s
application (I.A. 44554/2024 in CS(COMM) 675/2023) seeking condonation
of delay in filing its replication.
2. The present appeal is not maintainable as the impugned order is not an
appealable order under Order 43 Rule 1 of the Code of Civil Procedure,
1908, and therefore in terms of Section 13(1A) of the Commercial Courts
Act, 2015 the present appeal would not be maintainable.
3. This issue is covered by the decision of Supreme Court in Kandla
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 23/12/2024 at 21:26:39
Exports Corporation & Another vs. OCI Corporation Pvt Ltd. &
Another, (2018) 14 SCC 715 as well as in a number of decisions of this
court including Odeon Builders Pvt. Limited vs. NBCC (India) Limited:
Neutral Citation No.2021:DHC:2822-DB.
4. The appeal is, accordingly, dismissed.
5. All pending applications also stand disposed of.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
DECEMBER 17, 2024
KG
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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 23/12/2024 at 21:26:39