Bharat Singh Kushwah and Ors. Vs Manoj Sharma and Anr. — Delhi HC (2025) — LawSathi Research

Bharat Singh Kushwah and Ors. Vs Manoj Sharma and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of without adjudicating merits; learned Commercial Court requested to finally decide the appellants' Order XXXIX Rules 1 and 2 CPC application on 13 October 2025 with no adjournments; short written submissions (max four pages) with indexed compilations to be filed 48 hours in advance; Commercial Court to proceed uninfluenced by observations in the orders dated 24 July 2025 and 21 August 2025; rights of further legal recourse reserved to both sides.

Issue for consideration

Whether the order dated 24 July 2025 dismissing the appellants' prayer for ex-parte ad interim injunction and appointment of a Local Commissioner ought to be interfered with in this appeal.

Court's answer

With consent of learned Counsel, the appeal was disposed of by requesting the learned Commercial Court to take up the appellants' application under Order XXXIX Rules 1 and 2 of CPC and dispose it of finally on 13 October 2025, both sides undertaking not to seek adjournment on that date.

Ratio / Principle

The learned Commercial Court was directed to proceed uninfluenced by the observations or findings contained in the order dated 24 July 2025 under challenge and by any observations contained in the order dated 21 August 2025.

Key takeaways

To facilitate early disposal, both sides were directed to place on record short notes of their written submissions not exceeding four pages each, with duly indexed compilation of judicial authorities, at least 48 hours before the next date of hearing before the learned Commercial Court.ratio¶18
Either side aggrieved by the order ultimately passed by the learned Commercial Court retains the right to agitate that grievance by way of appropriate legal proceedings; the appeal was disposed of in these terms.ratio¶26

Detailed headnote1 paragraphs

Interim-injunction appeal (FAO (COMM)) against dismissal, by order dated 24 July 2025, of the appellants' prayer for ex-parte ad interim injunction and appointment of a Local Commissioner was disposed of without adjudication on merits. With the consent of learned Counsel, the Bench of Justices C. Hari Shankar and Om Prakash Shukla requested the learned Commercial Court to take up and finally dispose of the appellants' application under Order XXXIX Rules 1 and 2 of CPC on 13 October 2025, both sides undertaking not to seek adjournment; each side was directed to file short written submissions not exceeding four pages with a duly indexed compilation of judicial authorities at least 48 hours before the hearing; the Commercial Court was directed to proceed uninfluenced by the observations in its orders dated 24 July 2025 and 21 August 2025; and either party's right to pursue appropriate legal proceedings against the eventual order was reserved.

$~85

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO (COMM) 228/2025 & CM APPL. 51697/2025

BHARAT SINGH KUSHWAH AND ORS .....Appellants Through: Mr D.K. Yadav, Mr Kapil Yadav and Mr Gaurav Kumar, Advs.

versus

MANOJ SHARMA AND ANR .....Respondents Through: Mr. Kunal Khanna, Mr. Madhav Anand, Mr. Krtin Bhasin, Mr. Yashveer Singh and Mr. Udit Sharma, Advs.

CORAM:

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

ORDER (ORAL) % 15.09.2025

C. HARI SHANKAR, J

1. This appeal is directed against the order dated 24 July 2025 by which the appellants’ prayer for ex-parte ad interim injunction and appointment of Local Commissioner has been dismissed.

2. We had set the appeal for hearing today and directed both sides to file written submissions. No written submissions are however forthcoming.

3. We are informed that the application of the appellants under Order XXXIX Rules 1 and 2 of CPC is now listed before the learned Commercial Court on 24 November 2025.

Signature Not Verified

Signed By:GUNN FAO (COMM) 228/2025 Signing Date:17.09.2025 10:50:05

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4. With consent of learned Counsel, therefore, we deem it appropriate to dispose of this appeal with a request to the learned Commercial Court to take up the application of the appellants under Order XXXIX Rules 1 and 2 of CPC finally for disposal on 13 October 2025 and to pass orders thereon. Both sides undertake not to take any adjournment on the said date.

5. In order to facilitate the learned Commercial Court, both sides are directed to place on record short notes of their respective written submissions not exceeding four pages each along with duly index compilation of the judicial authorities before the learned Commercial Court at least 48 hours in advance of the next date of hearing.

6. We request the learned Commercial Court to take up the application of the appellants under Order XXXIX Rules 1 and 2 of the CPC on the said date and to dispose of the application on the same date itself or as early as thereafter may be possible.

7. The learned Commercial Court shall proceed uninfluenced by the observations or findings contained in the order dated 24 July 2025 under challenge in the present appeal or by any observations contained in the order dated 21 August 2025.

8. List on 13 October 2025 before the learned Commercial Court.

9. The appeal is disposed of in the aforesaid terms.

Signature Not Verified

Signed By:GUNN FAO (COMM) 228/2025 Signing Date:17.09.2025 10:50:05

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10. Needless to say, should either side be aggrieved by the order passed by the learned Commercial Court, the right to agitate the grievance in that regard by way of appropriate legal proceedings shall stand reserved.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J

SEPTEMBER 15, 2025/ ng

Signature Not Verified

Signed By:GUNN FAO (COMM) 228/2025 Signing Date:17.09.2025 10:50:05

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