The Delhi High Court dismissed an appeal filed against a conditional leave to defend. The court held that as a final judgment on the merits had been passed and the appeal against that judgment was withdrawn, no question survived in the present appeal.
The appeal was dismissed and the pending application was stood closed.
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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CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
Signature Not Verified
Digitally Signed By:PREMMOHAN CHOUDHARY RFA(COMM) 80/2022 Signing Date: 10.0 2.2024 20:08:18
Page 1 of 2
“3. This appeal is directed against the order dated 22.02.2022, which granted conditional leave to defend the suit action. It is not in dispute that in the meantime a final judgment and decree dated 24.05.2022 has been passed. 4. It is also not in dispute that the appeal preferred against the final judgment and decree, was dismissed as withdrawn by the coordinate bench. 5. According to us, in the given circumstances, nothing survives in the present appeal. Since Ms Aggarwal seeks accommodation on the ground that in the usual course the appeal is fixed for 07.02.2024, list the appeal on the said date.”
6.1 Accordingly, the appeal, as requested, was stood over to the date already fixed i.e., today [07.02.2024].
RAJIV SHAKDHER, J
AMIT BANSAL, J
FEBRUARY 8, 2024 / tr
Signature Not Verified
Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date: 10.0 2.2024 20:08:18
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RFA(COMM) 80/2022
2 issues framed by the court
Whether an appeal against a conditional leave to defend survives when a final judgment has been rendered and the subsequent appeal was withdrawn.
Whether any good reasons exist to entertain an appeal where a final decree subsides the provisional order.
BELA CREATION PVT LTD
JAI DURGA TRADERS PVT LTD
Rajiv Shakdher
Amit Bansal
As recorded by the court registry
A first appeal against a decree of a Commercial Court under the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
