Delhi High Court - Orders
Superb My Trip Pvt Ltd vs Makemy Trip (India) Pvt Ltd on 5 August, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 289/2019 & CM APPL. 45360/2019 &
11059/2021
SUPERB MY TRIP PVT LTD ..... Appellant
Through: Mr. P. Nagesh, Sr. Adv. with Mr.
Shekhar G Devasa, Mr. Zulfiqar Baig,
Mr. Abinash Kumar, Mr. Manish
Tiwari, Mr. Prashanth R Dixit, Ms.
Thashmitha Mutanna, Advs.
versus
MAKEMY TRIP (INDIA) PVT LTD ..... Respondent
Through: Mr. Sidhant Goel, Mr. Mohit Goel &
Mr. K. Dev Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 05.08.2022
1. The appellant has filed the present appeal against an order dated 03.09.2019 passed by the learned Single Judge allowing the respondent's application (plaintiff's application) to remove the written statement and affidavit of admission and denial, from the record.
2. The learned counsels for the parties fairly state that the present appeal is not maintainable in view of the decision of the Division Bench of this Court in Odeon Builders Pvt. Ltd. v. NBCC (India) Limited: FAO (OS) 23/2020 and other connected matter decided on 10.09.2021. In that decision, the Court had, following the decision of the Supreme Court in Kandla Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:16.08.2022 Export Corporation & Ors.. v. OCI Corporation & Ors.: (2018) 14 SCC 715, held that no appeal would lie from any order or decree of a Commercial Court, otherwise that in accordance with the provisions of the Commercial Courts Act, 2015.
3. Mr. Nagesh, learned senior counsel appearing for the appellant, submits that the said decision of the Division Bench in Odeon Builders Pvt. Ltd. v. NBCC (India) Limited (supra), is erroneous. He also states that there are SLPs pending against other similar decisions, before the Supreme Court.
4. The decision in the case of Odeon Builders Pvt. Ltd. v. NBCC (India) Limited (supra) is of a Coordinate Bench and therefore, binding.
5. Considering that it is a conceded position that in view of the said decision, the present appeal is not maintainable; this appeal is dismissed.
6. The parties are left to bear their own costs.
VIBHU BAKHRU, J
AMIT MAHAJAN, J
AUGUST 5, 2022
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Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:16.08.2022