Commercial appeal disposed by consent with directions to the District Judge (Commercial Court) to hear and decide the respondent's Order XXXIX Rules 1 & 2 CPC application on a fixed date and pronounce orders expeditiously, without expressing any opinion on merits.
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.
$~88
TARAKANT SANGWANI .....Appellant Through: Ms. Beenashaw Soni and Mr. Bhuvneshwar, Advs.
versus
SUPREME INDUSTRIES LIMITED .....Respondent
Through: Mr. Shrihari Tripathi, Mr. Ashish Raj, Mr. Rohan Rudraksh and Ms. Poonam Yadav, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL) % 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, 19081 to take up the application on 13 June 2025 and hear
1 “CPC”, hereinafter
FAO (COMM) 120/2025
Page 1 of 3
Signature Not Verified Signed By:AAKANSHA SHARMA Signing Da te:1 5.05.2025 12:43:42
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
FAO (COMM) 120/2025
Page 2 of 3
Signature Not Verified
Signed By:AAKANSHA SHARMA Signing Da te:1 5.05.2025 12:43:42
expressing any opinion on the merits of the dispute between the parties.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J. MAY 13, 2025 /AS Click here to check corrigendum, if any
FAO (COMM) 120/2025
Page 3 of 3
Signature Not Verified Signed By:AAKANSHA SHARMA Signing Da te:1 5.05.2025 12:43:42
1 provisions across 1 enactments
Tarakant Sangwani
Supreme Industries Limited
C. Hari Shankar
Ajay Digpaul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
