M/S AJAY ENTERPRISE vs ASTRAL LIMITED

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 58/2026 & CM APPL. 12217/2026 M/S AJAY ENTERPRISE .....Appellant Through: Mr. Arnav Goyal, Adv. versus ASTRAL LIMITED .....Respondent Through: Mr. Sachin Gupta, Mr. Prashansa Singh, Ms. Mahima Chanchalani, Mr. Rohit Pradhan, Mr. Ajay Kumar, Archna and Mr. Rajat Jain, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 23.02.2026 C. HARI SHANKAR, J. 1. Mr. Sachin Gupta, learned Counsel for the respondent, raises a preliminary objection to the maintainability of this appeal. 2. This appeal is directed against an order dated 24 December 2025 passed by a learned Single Judge of this Court dismissing applications filed by the appellant under Order VII Rule 10 and Order VII Rule 11 of the CPC. 3. Mr. Gupta points out that Section 13 of the Commercial Courts Act, 2015 allows appeals, arising out of orders passed under the CPC, only to orders passed under Order XLIII Rule 1 or against final 4. Order XLIII Rule 1 specifically permits an appeal only with respect to an order passed under Order VII Rule 10 of the CPC returning a plaint. There is further no appeal provided against any order pa