Sanjiv Khanna, J.

CM No. 22032/2018

Learned Senior Counsel for the respondents, who appears on advance notice, states that he has no objection in case delay of 40 days in re-filing of the appeal is condoned. In view of the statement, the application is allowed.

FAO(OS) (Comm) No. 114/2018 & CM No. CM Nos. 22029-31/2018 & CAV No. 506/2018

1. The present intra court appeal under Order XLIII of the Code of Civil Procedure, 1908, read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is directed against the order dated 15.1.2018 passed by the learned Single Judge in IA No.7012/2017.

2. The appellant herein, The India Fitness Connect Pvt. Ltd. has filed CS(Comm) 421/2017 against Ozone SPA Pvt. Ltd. and Naveen Khandari, Promoter and Managing Director of the former, who are the defendant Nos.1 and 2 in the suit and respondent Nos.1 and 2 in the present appeal. The suit is for declaration that the agreement with defendant No.1 (Ozone SPA Pvt. Ltd.) is null and void ab initio, being without consideration and induced by fraud and deception; a decree of mandatory injunction directing the defendants to handover all ch