Randhir Hebbar Vs Convergytics Solutions Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

Randhir Hebbar Vs Convergytics Solutions Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as infructuous; liberty granted to the Appellant to file an appropriate application for revival of the appeal in the event the cause for its continuance survives; pending application(s), if any, stand disposed of.

Issue for consideration

Whether the appeal against the consolidated Single Judge order dated 25.10.2021 in CS(OS) 266/2021 survived for adjudication in view of the subsequent dismissal of the underlying suit under Order IX Rule 8 CPC (not formally framed by the Court; inferred from the submission recorded and the mode of disposal).

Court's answer

Since the underlying suit CS(OS) 266/2021 has already been dismissed under Order IX Rule 8 CPC, the present appeal is disposed of as infructuous, with liberty to the Appellant to file an appropriate application for revival if the cause for continuance of the appeal survives; pending application(s), if any, also stand disposed of.

Key takeaways

The Court recorded that the impugned order dated 25.10.2021 was a consolidated order passed by the learned Single Judge in two applications, namely I.A.7119/2021 (under Order XXXIX Rules 1 & 2 CPC, by the Respondent, for interim relief) and I.A.8364/2021 (under Order VII Rule 11 CPC, by the Appellant, for rejection of the plaint).obiter¶15

Detailed headnote1 paragraphs

Delhi High Court (Division Bench: Anil Kshetarpal & Harish Vaidyanathan Shankar, JJ., 05.08.2025) — FAO(OS) 77/2022 under Section 10 of the Delhi High Court Act, 1966, by Randhir Hebbar against the learned Single Judge's consolidated order dated 25.10.2021 in CS(OS) 266/2021, passed on I.A.7119/2021 (Order XXXIX Rules 1 & 2 CPC — Respondent's interim-relief application) and I.A.8364/2021 (Order VII Rule 11 CPC — Appellant's plaint-rejection application). None appeared for the Appellant. Since the underlying suit had already been dismissed under Order IX Rule 8 CPC, the appeal was disposed of as infructuous, with liberty to seek revival if the cause for continuance survives; pending application(s), if any, disposed of. No precedent was cited or decided on merits.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO(OS) 77/2022 & CM APPL. 12940/2025 ( For withdrawal of vakalatnama and discharge of advocates for the R-1 to R-3)

RANDHIR HEBBAR .....Appellant

Through: None.

versus

CONVERGYTICS SOLUTIONS PVT LTD .....Respondent

Through: Mr. Abhishek Kumar Singh, Mr. Saurabh Kumar & Mr. Saksham Chaturvedi, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R % 05.08.2025

The present Appeal under Section 10 of the Delhi High Court Act, 1966, has been filed by the Appellant against the Judgment dated 25.10.2021 passed by the learned Single Judge in CS(OS) 266/2021.

None appears on behalf of the Appellant.

Learned counsel appearing for the Respondent No. 4 submits that in view of the fact that the suit, CS(OS) 266/2021, has already been dismissed under Order IX Rule 8 of the Code of Civil Procedure, 1908 (“CPC”) , the present Appeal has been rendered infructuous.

It is noted that, in the present Appeal, the order impugned dated 25.10.2021 is a consolidated order which was passed by the learned Single Judge in two applications i.e. I.A.7119/2021 under Order

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:22:48

XXXIX Rules 1 & 2 of the CPC, filed by the Respondent herein seeking interim relief; and I.A.8364/2021 under Order VII Rule 11 of the CPC, filed by the Appellant herein seeking rejection of the plaint. 5. In view of the above, the present Appeal is disposed of being infructuous, with liberty to the Appellant to file an appropriate application for revival of the same, in the event the cause for continuance of the present Appeal survives. Pending application(s), if any, also stand disposed of.

ANIL KSHETARPAL, J

HARISH VAIDYANATHAN SHANKAR, J AUGUST 5, 2025/tk/ds

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:22:48