SAURABH GUPTA vs SHEOPALS PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29 July 2025 Pronounced on: 26 November 2025 + FAO (COMM) 175/2025 & CM APPL. 41218/2025 SAURABH GUPTA .....Appellant Through: Mr. Manav Kumar Adv., Manoj Kumar Sahu Adv. with Appellant Saurabh Gupta, Advs. versus SHEOPALS PVT LTD .....Respondent Through: Mr. C.M. Lall, Senior Advocate with Mr. S.S. Rana, Ms. Rima Majumdar, Mr. Kashish Vij, Ms. Aashi Nema, Ms. Annanya Mehan, Advs. + FAO (COMM) 187/2025, CM APPL. 43596/2025 & CM APPL. 43597/2025 SHEOPALS PVT. LTD. .....Appellant Through: Mr. C.M. Lall, Senior Advocate with Mr. S.S. Rana, Ms. Rima Majumdar, Mr. Kashish Vij, Ms. Aashi Nema, Ms. Annanya Mehan, Advs. versus SAURABH GUPTA .....Respondent Through: Mr. Manav Kumar Adv., Manoj Kumar Sahu Adv. with Appellant Saurabh Gupta, Advs. CORAM: HON’BLE MR. JUSTICE C. HARI SHANKAR HON’BLE MR. JUSTICE OM PRAKASH SHUKLA Signature Not Verified Digitally Signed By:AJIT FAO (COMM) 175/2025 and connected matter Page 1 of 34 KUMAR Signing Date:26.11.2025 11:39:54 JUDGMENT % 26.11.2025 C. HARI SHANKAR, J. The lis 1. These are cross appeals. They challenge order dated 22 April 2025, passed by the learned District Judge (Commercial Court-05), Saket1 in CS (Comm) 3590/20242. By the said order, the learned Commercial Court has allowed an application filed by Sheopals Pvt. Ltd.3 under Order XXXIX Rule 4 of the Code of Civil Procedure, 19084 and, has thereby dismissed the application filed by Saurabh Gupta5 under Order XXXIX Rules 1 and 2 of the CPC. 2. Saurabh’s application under Order XXXIX Rules 1 and 2 had earlier been allowed, and SPL’s application under Order XXXIX Rule 4 dismissed by the learned Commercial Court, vide order dated 7 September 2024. SPL challenged the order before this Court by means of FAO (Comm) 216/20246.