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HIGH COURT OF DELHI
RFA(OS)(COMM) 31/2025, CM APPL. 61943/2025, CM
61946/2025 ULTRAHUMAN HEALTHCARE PVT LTD .....Appellant
Through: Mr. Akhil Sibal, Sr. Adv.
Through: Mr. Sandeep Sethi, Sr. Adv.
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
26.09.2025 C. HARI SHANKAR, J.
JUDGMENT
1. After some hearing, learned Counsel for the parties jointly agree that, as the impugned order dismisses the suit instituted by the Appellant on the very first date of hearing even before summons are issued, it may be quashed and set aside and CS (Comm) 923/2025 as well as the pending applications filed therein remanded to the learned Single Judge for consideration afresh. RFA(OS)(COMM) 31/2025
2. Accordingly, the impugned order is quashed and set aside. CS (Comm) 923/2025 as well as the pending applications stand remanded to the learned Single Judge.
3. In order to expedite matters, we direct the parties to appear before the learned Single Judge on 17 October 2025. It is made clear that this shall be without prejudice to the rights and contentions of both sides.
4. The appeal is accordingly disposed of.
C. HARI SHANKAR, J
OM PRAKASH SHUKLA, J SEPTEMBER 26, 2025