( 1 ) LEARNED single Judge of this Court vide order dated 9th November, 2004 has referred the following questions of law to be answered by a larger bench:-"1. Whether an appeal would lie under Rule 4 of the Rules against any order made by the Registrar under Rule 3 on an application/matter against which no appeal is provided under the Code of Civil Procedure, Delhi High Court Act, 1966 or the letters Patent of this Court , and if the answer to above question is in negative, whether Rule 4 needs to be retained in the Rules or needs to be suitably amended so as to bring the said rule in confirmity with the Code and Act. "

( 2 ) LEARNED counsel for the petitioner had drawn our attention to the recent judgment of the Supreme Court in the case of Iridium India Telecom Ltd v. Motorola Inc. , (2005) 2 SCC 145. It was submitted that in view of the said decision, appeal under Rule 4 of the Delhi High Court Rules (Original Side), 1967 was maintainable even if no appeal has been provided under the Code of civil Procedure, 1908 (hereinafter referred to as the `code , for short ). Learned counsel appearing for the respondent on the other hand submitted that rule 4 of the Delhi