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2021 Supreme(Del) 401

RAJIV SAHAI ENDLAW, AMIT BANSAL
DELHI CHEMICAL AND PHARMACEUTICAL WORKS PVT. LTD. – Appellant
Versus
HIMGIRI REALTORS PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.B. Gupta, Sr. Adv. with Mr. Sanjay Agnihotri, Adv.
For the Respondent: Mr. Siddharth Bhatli & Mr. Abhishek Choudhary, Mr. P. Nagesh, Sr. Adv. with Mr. Akshay Sharma, Adv

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This appeal, under Section 13(1A) of the Commercial Courts Act, 2015, impugning the orders dated 23rd December, 2019 and 13th March, 2020 of the Commercial Division of this Court in OMP(ENF.)(COMM) No.140/2019, and accompanied with applications for condonation of delay of 346 days in filing of the appeal and for stay of the impugned orders, came up before us for admission on 27th April, 2021, when finding the impugned orders to have been passed by only referring to Bhandari Engineers & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture MANU/DE/4601/2019 and further being of the view that there was an inconsistency between Bhandari Engineers & Builders Pvt. Ltd. supra and M.L. Gupta Vs. Aerens Gold Souk International Ltd. 2018 SCC OnLine Del 7621, and being otherwise also of the opinion that the matter required consideration, leaving open the aspect of maintainability of the appeal, notice of the appeal and the applications was issued.

2. The senior counsel for the appellant no.1 Delhi Chemical and Pharmaceutical Works Pvt. Ltd. and appellant no.2 Ameet Sharma, the counsel for the respondent no.1 Himgiri Realtors Pvt. Ltd. and the senior counsel for r

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