M/S AMLOH AGGARWAL STORES vs M/S LSC MARKETING INDIA PVT. LTD

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 18/2025 & CM APPL. 1695/2025, 1696/2025 M/S AMLOH AGGARWAL STORES .....APPELLANT Through: Mr. Vishwanathan Iyer, Ms. Shimpy Sharma and Ms. Yeshasvi Shrivastava, Advs. versus M/S LSC MARKETING INDIA PVT. LTD .....RESPONDENT Through: Mr. Deepak Biswas and Mr. J. Khan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R (ORAL) % 28.01.2025 1. Mr. Biswas, learned Counsel for the respondent cites Kandla Export Corporation v OCI Corporation1, along with the proviso to Section 13(A) of the Commercial Courts Act, to submit that this appeal would not be maintainable as it does not assail an order passed under Section 43 of the Code of Civil Procedure, 1908. 2. Mr. Vishwanathan Iyer, learned Counsel for the appellant seeks leave to withdraw this appeal submitting that he would pursue remedies which may be available to him in law. 1 (2018) 14 SCC 715 Signature Not Verified Signed By:MEENU KALRA RFA(COMM) 18/2025 Page 1 of 2 Signing Date:30.01.2025 16:38:15 3. Accordingly, this appeal is disposed of as withdrawn. C. HARI SHANKAR, J. AJAY DIGPAUL, J. JANUARY 28, 2025 ssc Click here to check corrigendum, if any Signature Not Verified Signed By:MEENU KALRA RFA(COMM) 18/2025 Page 2 of 2 Signing Date:30.01.2025 16:38:15