JUDGMENT :

1. This Appeal, filed under Section 13 of the Commercial Courts Act, 2015 (“the Act”) challenges an Order of the Learned Single Judge dated 22nd October 2021. By that Order, the Respondent (Plaintiff in the proceedings before the Learned Single Judge) was given leave to withdraw its suit with liberty to file a fresh suit on the same cause of action. The leave to withdraw with such liberty was granted by the Learned Single Judge by seeking to exercise powers under Order 23 Rule 1(3) of the Code of Civil Procedure, 1908 (“the CPC”). The Appellant-Defendant before the Learned Single Judge, has filed this appeal taking exception to the grant of liberty to file a fresh suit on the same cause of action.

2. Briefly stated, the Appellant contends that no ground for granting such liberty was either made out by the Respondent or noted in the Impugned Order to justify the grant of such liberty under Order 23 Rule 1(3). The grievance is that without the requirements for grant of such liberty under the said provision being satisfied, the Learned Single Judge was in error in exercising such power. It was contended that the grant of such liberty without the requirements of the provisions