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HIGH COURT OF DELHI
FAO (COMM) 120/2025, CM APPL. 28830/2025, CM APPL.
28831/2025 & CM APPL. 28832/2025 TARAKANT SANGWANI .....Appellant
Through: Ms. Beenashaw Soni and Mr. Bhuvneshwar, Advs.
Through: Mr. Shrihari Tripathi, Mr. Ashish Raj, Mr. Rohan Rudraksh and
Ms. Poonam Yadav, Advs.
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT
13.05.2025 C. HARI SHANKAR, J.
1. After some hearing, learned Counsel for both sides are agreeable to a disposal of this appeal with a direction to the learned District Judge (Commercial Court) to decide the respondent’s application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908[1] to take up the application on 13 June 2025 and hear “CPC”, hereinafter arguments on the said date and pass orders thereon as expeditiously as possible.
2. Accordingly, this appeal is disposed of with a request to the learned Commercial Court to take up the application of the respondent under Order XXXIX Rules 1 & 2 of the CPC positively for hearing on 13 June 2025.
3. Learned Counsel on both sides undertake that they would not seek any adjournment on the said date.
4. Both sides are directed to place on record short notes of their respective submissions not exceeding five pages each after exchanging copies with each other at least a week in advance of the next date of hearing before the learned Commercial Court.
5. We also request the learned Commercial Court after hearing the matter to pronounce orders on the application as expeditiously as possible thereafter, preferably within a period of two weeks therefrom.
6. Needless to say, should either party be aggrieved by the order, the rights of the party in that regard would remain reserved.
7. The appeal is disposed of in the aforesaid terms without expressing any opinion on the merits of the dispute between the parties.
C. HARI SHANKAR, J.