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Delhi High Court - Orders

Airwil Jkm Infracon Pvt Ltd vs Cadillac Infotech Pvt Ltd on 6 July, 2022

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva, Tushar Rao Gedela

                          $~17
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      FAO(OS) (COMM) 164/2022, CM APPL Nos. 29487/2022 &
                                 29488/2022
                                 AIRWIL JKM INFRACON PVT LTD               ..... Appellant
                                               Through: Mr. Gaurav Mitra, Mr. Atul Sharma,
                                                        Mr. Abhinav and Ms. Shriya
                                                        Gambhir, Advocates
                                                     versus
                                 CADILLAC INFOTECH PVT LTD                           ..... Respondent
                                              Through: None

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                 HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                              ORDER

% 06.07.2022 CM APPL No. 29488/2022 (Exemption) Allowed subject to all just exceptions. FAO(OS) (COMM) 164/2022 and CM APPL No. 29487/2022

1. Issue notice to the Respondent. In addition, notice be issued through counsel who appeared for the Respondent in OMP (COMM) 490/2018.

2. Learned counsel for the Appellant, without prejudice to the rights and contentions, submits that AIRWIL JKM Infrastructure Pvt. Ltd. has also filed a suit for recovery of money and the Tribunal as well as learned Single Judge has held that transactions are separate. He submits that the said suit is without prejudice to the rights and contentions raised in this petition.

Signature Not Verified Digitally Signed 1 By:VINOD KUMAR Signing Date:07.07.2022 17:57:22

3. Learned counsel for the Petitioner further submits that Respondent has also filed an appeal impugning the same order, being FAO(OS)(COMMM) 50/2022, though on different grounds, which is listed on 08.08.2022.

4. Subject to orders of Hon'ble the Chief Justice, list this appeal along with FAO(OS)(COMM) 50/2022, on 08.08.2022.

5. Registry shall place on record digital records of OMP (COMM) 490/2018.

SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J JULY 6, 2022/yg Signature Not Verified Digitally Signed 2 By:VINOD KUMAR Signing Date:07.07.2022 17:57:22