Dismissed

Bank of Maharashtra v. Asian Hotels North Ltd. & Ors.

Delhi HC18 Sept 2024FAO(OS) (COMM)/213/2024

Case brief

AI extract

What is this about?

The Special Bench dismissed an appeal filed under O.XLIII.R.1 CPC read with S. 13 Commercial Courts Act, 2015. The court held the appeal lacked merit because the appellant had approached two courts simultaneously on similar grounds regarding the same application.

What did the court decide?

The appeal under Order XLIII Rule 1 of the CPC read with Section 13 of the Commercial Courts Act, 2015 is dismissed.

Bank of Maharashtra Vs Asian Hotels North Ltd… — Civil Procedure and Limitation | Delhi HC (2024)

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$~2 (Special Bench)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO(OS) (COMM) 213/2024 and CM APPL. 54740/2024, CM APPL. 54741/2024, CM APPL. 54742/2024, CM APPL. 54743/2024

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BANK OF MAHARASHTRA .....Appellant Through: Mr. Nishant Awana, Ms. Rini Badoni, Ms. Nitya Sharma, Advocates and Mr. Vaibhav Yadav, Chief Manager, Bank of Maharashtra.

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versus

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ASIAN HOTELS NORTH LTD & ORS. .....Respondents Through: Mr. Sidhant Kumar, Mr. Om Batra, Ms. Manyaa Chandok, Dr. Rajeshwar Singh, Ms. Molly Aggarwal, Mr.Rachit and Mr. Siddharth Sharma, Advocates for R-1.

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE SHALINDER KAUR

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O R D E R % 18.09.2024

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The present appeal has been preferred under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, read with Section 13 of the Commercial Courts Act, 2015 seeking setting aside of order dated 03.03.2023 passed by the learned Single Judge in I.A.No.1746/2023, in CS (Comm.) No.128/2022. 2. Vide impugned order dated 03.03.2023, the learned Single Bench has allowed the application under Order I Rule 10 CPC filed by the proposed defendant-Exclusive Capital Limited, recording no objection of the plaintiff.

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Page 1 of 2

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FAO(OS) (COMM) 213/2024

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This is a digitally signed order.

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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 30/09/2024 at 11:57:12

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Though the present appeal has been filed on 23 grounds, learned counsel for the appellant has confined the relief to grounds (b),(d), (j), (k), (n), (o) and (p).

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It is not in dispute that the impugned order passed in the application filed under Order 1 Rule 10 CPC and also it is not in dispute that the appellant herein also filed under Order 1 Rule 10 CPC application and Order 39 Rule 4 CPC, which are pending adjudication before the Single Judge.

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The ground mentioned in the present appeal are almost the same grounds as taken in Order 39 Rule 4 CPC application filed by the appellant. 6. Accordingly, the appellant has approached two courts simultaneously by filing aforesaid application and the present appeal.

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In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed.

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Pending applications also stand disposed of.

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SURESH KUMAR KAIT, J

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SHALINDER KAUR, J

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SEPTEMBER 18, 2024

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Page 2 of 2

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FAO(OS) (COMM) 213/2024

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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 30/09/2024 at 11:57:12

Bank of Maharashtra v. Asian Hotels North Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Bank of Maharashtra v. Asian Hotels North Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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