The High Court of Delhi held that an appeal impugning an order directing security deposit is not maintainable under Order XLIII Rule 1 CPC or Section 13 of the Commercial Courts Act, 2015, and dismissed the appeal.
The present appeal was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
AMANPREET SINGH KOHLI ..... Respondent Through: Ms. Supriya Juneja, Ms. Charu Sharma and Mr. Mohit Seth, Advs.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 18.01.2024
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 06/06/2024 at 15:11:04
OnLine Del 4390 .
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
JANUARY 18, 2024 aks
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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 06/06/2024 at 15:11:04
2 issues framed by the court
Whether an appeal against an order directing deposit of security lies under Order XLIII Rule 1 of the CPC.
Whether Section 13 of the Commercial Courts Act, 2015 bars the maintainability of the present appeal.
Colour shows how this judgement treated each authority
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3 provisions across 2 enactments
Pankaj Dayal
Amanpreet Singh Kohli
Vibhu Bakhu
Tara Vitasta Ganju
As recorded by the court registry
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