Kausal Goyal and & Ors. Vs Awadh Oils Private Limited through Its Director Shri Awadh Goyal — Delhi HC (2025) — LawSathi Research

Kausal Goyal and & Ors. Vs Awadh Oils Private Limited through Its Director Shri Awadh Goyal — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal against the ad interim order dated 30 May 2025 disposed of by directions: the learned Commercial Court to hear the respondent's Order XXXIX application on 23 August 2025 and decide it uninfluenced by the impugned order, keeping all rights and contentions alive; counsel on both sides to file exchanged short notes (max four pages) at least 48 hours before the hearing with no adjournments to be sought; interim order dated 23 June 2025 to remain in operation till 23 August 2025, further continuance being for the Commercial Court to decide; no view taken on the merits; all CM applications in the appeal transferred to the Commercial Court.

Issue for consideration

Whether the interim order dated 23 June 2025 should remain in operation till 23 August 2025, and whether its further continuance should be left to the learned Commercial Court to decide on that date. +2 more

Court's answer

The interim order dated 23 June 2025 shall remain in operation till 23 August 2025; whether it should be continued further is a call for the learned Commercial Court to take on that date.

Ratio / Principle

With counsel for the parties ad idem, the learned Commercial Court was directed to dispose of the respondent's Order XXXIX application, listed on 23 August 2025, without being influenced by the impugned order in any way, keeping all rights and contentions of the parties alive.

Key takeaways

Learned counsel for both sides undertook that no adjournment would be sought by their clients on the hearing date fixed before the learned Commercial Court.ratio¶21
To facilitate the hearing, both sides were directed to place on record, at least 48 hours in advance of the date of hearing, short notes of their respective submissions not exceeding four pages each, after exchanging copies with each other.ratio¶22
The learned Commercial Court would decide the Order XXXIX application uninfluenced by the impugned order dated 30 May 2025, which is the order under challenge in the present appeal.

Detailed headnote1 paragraphs

High Court of Delhi | FAO (COMM) 160/2025 (CM APPLs. 36797/2025, 40592/2025, 41982/2025, 41983/2025 & 41984/2025) | C. Hari Shankar & Om Prakash Shukla, JJ. | Oral order dated 07.08.2025 | Disposed. Appeal by Kausal Goyal & Ors. against an ad interim order dated 30 May 2025 passed by the learned Commercial Court in the respondent's (Awadh Oils Pvt. Ltd.) application under Order XXXIX Rules 1 and 2 CPC. As counsel for both sides were ad idem, the Court disposed of the appeal by directions: (i) the Commercial Court to hear the Order XXXIX application on 23 August 2025 and decide it wholly uninfluenced by the impugned order, with all rights and contentions kept alive; (ii) exchanged short notes (not exceeding four pages) to be filed 48 hours before the hearing, with no adjournments to be sought; (iii) the interim order dated 23 June 2025 to remain in operation till 23 August 2025, further continuance being for the Commercial Court to decide; (iv) no view expressed on the merits. All applications filed in the appeal were transferred to the Commercial Court. Background: appellants' counsel conceded that a statement that Rs. 7.5 lakhs had been encashed was inadvertent (cheque not encashed) and offered to deposit Rs. 45 lakhs said to be the subject matter of a family settlement, which the respondent disputed.

$~10

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO (COMM) 160/2025, CM APPLs. 36797/2025, 40592/2025, 41982/2025, 41983/2025 & 41984/2025

KAUSAL GOYAL AND & ORS. .....Appellants

Through: Ms. Swathi Sukumar, Sr. Adv. with Ms. Tanzeela Farheen and Mr. Md. Affan, Advs.

versus

AWADH OILS PRIVATE LIMITED THROUGH ITS DIRECTOR SHRI AWADH GOYAL .....Respondent Through: Mr. Vipin Nandwani, Mr. Kautilya Kaushik, Mr. Shubham Kaushik, Ms. Purvi Khandelwal and Ms. Ankita Wadhwa, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

ORDER (ORAL)

% 07.08.2025

C. HARI SHANKAR, J.

1. This appeal impugns an ad interim order passed by the learned Commercial Court in an application preferred by the respondent, as the plaintiff in a suit instituted against the appellant-defendant, under Order XXXIX Rules 1 and 2 of the CPC¹ .

2. Ms. Swathi Sukumar, learned Senior Counsel for the appellants submits that, on 23 June 2025, the statement that ₹ 7.5 lakhs had been

1 Code of Civil Procedure, 1908 Signature Not Verified Digitally Signed By:AJITFAO (COMM) 160/2025 KUMAR Signing Da te:1 1.08.2025 18:55:46

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encashed by the respondent was inadvertently made and that in fact the cheque had not been encashed. She accordingly submits that her client is willing to deposit the entire amount of ₹ 45 lakhs, which, according to her, is subject matter of the family settlement.

3. Mr. Vipin Nandwani, learned Counsel for the respondent disputes the family settlement.

4. Learned Counsel for the parties ad idem agree that, as the Order XXXIX application filed by the respondent is listed before the learned Commercial Court on 23 August 2025, the learned Commercial Court may be directed to dispose of the application without being influenced by the impugned order in any way, keeping all rights and contentions of the parties alive.

5. Accordingly, we pass the following directions:

(i) The learned Commercial Court is requested to hear the Order XXXIX application of the respondent on 23 August 2023 itself. Learned Counsel for both sides undertake that no adjournment would be sought by their clients on the said date.

(ii) In order to facilitate the hearing, both sides are directed to place on record, at least 48 hours in advance of the date of hearing, short notes of their respective submissions not exceeding four pages each, after exchanging copies with each other.

Signature Not Verified

Digitally Signed By:AJITFAO (COMM) 160/2025 KUMAR Signing Da te:1 1.08.2025 18:55:46

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(iii) The learned Commercial Court would decide the application uninfluenced by the impugned order dated 30 May 2025 which is under challenge in the present appeal.

(iv) We have not expressed any view on the merits of the dispute, one way or the other. All contentions of the parties shall remain open.

(v) The interim order dated 23 June 2025 shall remain in operation till 23 August 2025. As to whether the order should be continued further would be a call for the learned Commercial Court to take on the said date.

6. The appeal stands disposed of in the aforesaid terms. All applications which have been filed in this appeal before this Court shall also stand transferred to the learned Commercial Court.

7. Ms. Swathi Sukumar submits that there are other applications pending before the learned Commercial Court. It would be for the Commercial Court to take up the said applications and decide it.

8. The appeal is disposed of accordingly.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

AUGUST 7, 2025 /aky

Signature Not Verified

Digitally Signed By:AJITFAO (COMM) 160/2025 KUMAR Signing Da te:1 1.08.2025 18:55:46

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