ASIAN HOTELS NORTH LIMITED vs EXCLUSIVE CAPITAL LIMITED & ORS.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th February, 2026 Pronounced on : 27th February, 2026 + FAO(OS) (COMM) 31/2026, CM APPL. 11415/2026, CM APPL. 11416/2026 & CM APPL. 11417/2026 ASIAN HOTELS NORTH LIMITED ..........Appellant Through: Mr. Rajiv Nayyar, Sr. Advocate along with Mr. Sidhant Kumar, Ms. Shagun Chopra, Mr. Pratham Mehrotra & Mr.Madhav Bhatia, Advocates. versus EXCLUSIVE CAPITAL LIMITED & ORS. .... .Respondents Through: Mr. Siddharth Yadav, Sr. Advocate with Mr. Manav Goyal, Ms. Ritika Gusain, Ms. Amrita Sony & Mr.Aditya Kumar, Advocates for R-1. Ms. Devika Mohan & Mr. Dhruv Negi, Advocates for R-3. Mr. Kunal Tandon, Sr. Advocate with Mr. Chetan Roy, Ms. Natasha & Mr.Prakhar Sah, Advocates for R-5. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR ORDER Per DINESH MEHTA, J. 1. Instant appeal has been preferred under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) read with Section 13 of the Commercial Courts Act, 2015 (hereinafter referred to as „the Act of 2015‟) calling in question, the propriety and correctness of the order dated 07.01.2026. Signature Not Verified Digitally Signed FAO(OS) (COMM) 31/2026 Page 1 of 10 By:NAVEEN KUMAR Signing Date:28.02.2026 11:10:57 2. No sooner had Mr. Rajiv Nayyar, learned senior counsel for the appellant (defendant no.4) opened his arguments, than Mr. Siddharth Yadav, learned senior counsel for respondent no.1 (plaintiff) interjected and raised a preliminary objection that the instant appeal is not maintainable as the order dated 07.01.2026 does not finally decide the interim application much less the suit. His argument, in substance was that unless an application or lis is finally decided, appellate jurisdiction conferred under Sect