ANIL KUMAR PITTI vs COMSOL ENERGY PRIVATE LIMITED

$~63 & 64 * IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(COMM) 479/2025 ANIL KUMAR PITTI .....Appellant Through: Mr. Kushagra Bansal and Mr. Nama Gari, Advs. versus COMSOL ENERGY PRIVATE LIMITED .....Respondent Through: Mr Harsh Kaushik, Mr. Abhay Chattopadhyay, Mr. Udipto Koushik Sarmah, Ms. Rohini Roy, Advs. RFA(OS)(COMM) 9/2025 COMSOL ENERGY PRIVATE LIMITED .....Appellant Through: Mr Harsh Kaushik, Mr. Abhay Chattopadhyay, Mr. Udipto Koushik Sarmah, Ms. Rohini Roy, Advs. versus ANIL KUMAR PITTI .....Respondent Through: Mr. Kushagra Bansal and Mr. Nama Gari, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.09.2025 C. HARI SHANKAR, J. 1. These are cross appeals preferred against order dated 10 February 2025 passed by a learned Single Judge of this Court in IA 29590/2024 filed by the appellant and IA 41847/2024 filed by the respondent. 2. At the outset, Mr. Kushagra Bansal, learned Counsel for Anil Kumar Pitti undertakes to pay the deficient court fees, for institution 3. The limited issue involved in the present case is as to whether the appellant, as the plaintiff before the learned Judge in CS (Comm) 414/2024, had or had