Disposed¶19

Neeraj Kumar v. Shriram Finance Limited

Delhi HC14 Jul 2025FAO (COMM)/235/2024

Case brief

AI extract

What is this about?

FAO (COMM) 235/2024; Neeraj Kumar; Shriram Finance Limited; Section 13 Commercial Courts Act; appealability; Section 340 Cr.P.C.; Order XLIII CPC; Section 37 Arbitration and Conciliation Act 1996; OMP (I) COMM 15/2024; District Judge (Commercial Court)-03 West Tis Hazari; withdrawal of appeal; disposal as withdrawn; C. Hari Shankar; Ajay Digpaul; 14.07.2025.

What did the court decide?

Leave and liberty to withdraw the appeal, with liberty to institute the appeal in an appropriate form before the appropriate forum. ¶19

Neeraj Kumar Vs Shriram Finance Limited — Arbitration | Delhi HC (2025)

¶1

$~3

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- FAO (COMM) 235/2024, CM APPL. 71655/2024, CM APPL. 71656/2024, CM APPL. 71657/2024 & CM APPL. 71658/2024 NEERAJ KUMAR .....Appellant

¶4

Through: Mr. Sharvan Dev, Adv.

¶5

versus

¶6

SHRIRAM FINANCE LIMITED .....Respondent Through:

¶7

CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

ORDER (ORAL)

14.07.2025

C. HARI SHANKAR, J.

¶12

1. The order dated 3 July 2024, passed by the learned District Judge (Commercial Court)-03, West, Tis Hazari in OMP (I) COMM 15/2024 simultaneously adjudicates an application under Section 9 filed by the respondent, as the petitioner before the learned Commercial Court and an application under Section 340 of Code of Criminal Procedure, 1973¹ , filed by the appellant, as the respondent before the learned Commercial Court.

¶13

2. The Section 9 petition of the respondent was permitted to be withdrawn. Simultaneously, the appellant’s application under Section 340 of the Cr.P.C. was dismissed.

¶14

1 “Cr.P.C.” hereinafter Signature Not Verified Signed By:AAKANSHAFAO (COMM) 235/2024 SHARMA Signing Da te:1 6.07.2025 12:47:29

¶15

Page 1 of 2

¶16

3. Needless to say, the present appeal is essentially directed against the dismissal of the appellant’s application under Section 340 of the Cr.P.C.

¶17

4. No appeal lies to this Court, under Section 13 of the Commercial Courts Act, against the dismissal of an application under Section 340 of the Cr.P.C. Appeals to this Court under Section 13 of the Commercial Courts Act lie only against orders envisaged in Order XLIII of the CPC or Section 37 of the Arbitration and Conciliation Act, 1996.

¶18

5. In that view of the matter, Mr. Sharvan Dev, learned Counsel for appellant seeks leave to withdraw this appeal with liberty to institute the appeal in an appropriate form before the appropriate forum.

¶19

6. Leave and liberty is granted as aforesaid. The appeal is disposed of as withdrawn.

¶20

C. HARI SHANKAR, J.

¶21

AJAY DIGPAUL, J.

¶22

JULY 14, 2025 gs

¶23

Signature Not Verified

¶24

Signed By:AAKANSHAFAO (COMM) 235/2024 SHARMA Signing Da te:1 6.07.2025 12:47:29