Disposed¶8

M/S Ajay Enterprise v. Astral Limited

Delhi HC23 Feb 2026FAO (COMM)/58/2026

Case brief

AI extract

What is this about?

Ajay Enterprise v Astral Limited; High Court of Delhi; FAO (COMM) 58/2026 & CM APPL. 12217/2026; maintainability of appeal; preliminary objection; Section 13 Commercial Courts Act 2015 appealable orders; Order XLIII Rule 1 CPC; Order VII Rule 10 CPC return of plaint; Order VII Rule 11 CPC rejection of plaint; no appeal against rejection of applications; withdrawal of appeal with leave and liberty; appeal disposed of as withdrawn; Single Judge order dated 24 December 2025; decision date 23.02.2026.

What did the court decide?

Leave and liberty to withdraw the appeal in order to pursue appropriate remedies as may be available in law; appeal disposed of as withdrawn ¶8

M/S Ajay Enterprise Vs Astral Limited — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave and liberty to withdraw the appeal in order to pursue appropriate remedies as may be available in law; appeal disposed of as withdrawn

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Issue for consideration

Whether an order of a learned Single Judge dismissing applications under Order VII Rule 10 and Order VII Rule 11 of the CPC is appealable under Section 13 of the Commercial Courts Act, 2015

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Court's answer

Order XLIII Rule 1 specifically permits an appeal only with respect to an order passed under Order VII Rule 10 of the CPC returning a plaint.

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Ratio / Principle

There is further no appeal provided against any order passed under Order VII Rule 11 of the CPC.

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Key takeaways

An order passed by the learned Single Judge rejecting an application under Order VII Rule 10 and Order VII Rule 11 would not be appealable under Section 13 of the Commercial Courts Act.ratio¶5
Leave and liberty is granted to the appellant to withdraw the appeal and pursue appropriate remedies as may be available in law.ratio¶7

Detailed headnote1 paragraphs

Delhi HC, FAO (COMM) 58/2026 & CM APPL. 12217/2026 (oral order, 23.02.2026; C. Hari Shankar and Om Prakash Shukla, JJ.). Appeal against a learned Single Judge's order dated 24 December 2025 dismissing the appellant's applications under Order VII Rule 10 and Order VII Rule 11 of the CPC. On the respondent's preliminary objection, the Court recorded that Section 13 of the Commercial Courts Act, 2015 allows appeals arising out of orders passed under the CPC only against orders passed under Order XLIII Rule 1 (confined to orders under Order VII Rule 10 returning a plaint) or against final judgments and decrees, and that no appeal is provided against an order passed under Order VII Rule 11; accordingly, the Single Judge's order rejecting the applications under Order VII Rules 10 and 11 was held not appealable under Section 13. Learned counsel for the appellant thereupon sought leave to withdraw the appeal to pursue appropriate remedies as may be available in law; leave and liberty was granted and the appeal was disposed of as withdrawn.

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO (COMM) 58/2026 & CM APPL. 12217/2026

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M/S AJAY ENTERPRISE .....Appellant Through: Mr. Arnav Goyal, Adv.

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versus

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ASTRAL LIMITED .....Respondent Through: Mr. Sachin Gupta, Mr. Prashansa Singh, Ms. Mahima Chanchalani, Mr. Rohit Pradhan, Mr. Ajay Kumar, Archna and Mr. Rajat Jain, Advs.

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

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ORDER (ORAL) % 23.02.2026

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C. HARI SHANKAR, J.

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1. Mr. Sachin Gupta, learned Counsel for the respondent, raises a preliminary objection to the maintainability of this appeal.

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2. This appeal is directed against an order dated 24 December 2025 passed by a learned Single Judge of this Court dismissing applications filed by the appellant under Order VII Rule 10 and Order VII Rule 11 of the CPC.

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3. Mr. Gupta points out that Section 13 of the Commercial Courts Act, 2015 allows appeals, arising out of orders passed under the CPC, only to orders passed under Order XLIII Rule 1 or against final

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Signature Not Verified

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Digitally Signed By:AJITFAO (COMM) 58/2026 KUMAR Signing Da te:2 5.02.2026 13:51:58

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Page 1 of 2

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judgments and decrees.

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4. Order XLIII Rule 1 specifically permits an appeal only with respect to an order passed under Order VII Rule 10 of the CPC returning a plaint . There is further no appeal provided against any order passed under Order VII Rule 11 of the CPC.

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5. In that view of the matter, an order passed by the learned Single Judge rejecting an application under Order VII Rule 10 and Order VII Rule 11 would not be appealable under Section 13 of the Commercial Courts Act.

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6. Mr . Arnav Goyal, learned Counsel for the appellant, therefore seeks leave to withdraw this appeal in order to pursue appropriate remedies as may be available in law.

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7. Leave and liberty is granted as aforesaid.

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8. The appeal is disposed of as withdrawn.

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C. HARI SHANKAR, J.

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OM PRAKASH SHUKLA, J.

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FEBRUARY 23, 2026 dsn

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Signature Not Verified