BHARAT SINGH KUSHWAH AND ORS vs MANOJ SHARMA AND ANR

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 228/2025 & CM APPL. 51697/2025 BHARAT SINGH KUSHWAH AND ORS .....Appellants Through: Mr D.K. Yadav, Mr Kapil Yadav and Mr Gaurav Kumar, Advs. versus MANOJ SHARMA AND ANR .....Respondents Through: Mr. Kunal Khanna, Mr. Madhav Anand, Mr. Krtin Bhasin, Mr. Yashveer Singh and Mr. Udit Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 15.09.2025 C. HARI SHANKAR, J 1. This appeal is directed against the order dated 24 July 2025 by which the appellants’ prayer for ex-parte ad interim injunction and appointment of Local Commissioner has been dismissed. 2. We had set the appeal for hearing today and directed both sides to file written submissions. No written submissions are however forthcoming. 3. We are informed that the application of the appellants under Order XXXIX Rules 1 and 2 of CPC is now listed before the learned Commercial Court on 24 November 2025. Signature Not Verified Signed By:GUNN FAO (COMM) 228/2025 Page 1 of 3 Signing Date:17.09.2025 10:50:05 4. With consent of learned Counsel, therefore, we deem it appropriate to dispose of this appeal with a request to the learned Commercial Court to take up the application of the appellants under Order XXXIX Rules 1 and 2 of CPC finally for disposal on 13 October 2025 and to pass orders thereon. Both sides undertake not to take any adjournment on the said date. 5. In order to facilitate the learned Commercial Court, both sides are directed to place on record short notes of their respective written submissions not exceeding four pages each along with duly index compilation of the judicial authorities before the learned Commercial Court at least 48 hours in advance of the next date of hearing. 6. We request t