JUDGMENT

Manoj Kumar Ohri, J.

CM APPL. 34861/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

FAO 207/2022 and CM APPL. 34860/2022 (stay)

3. By way of present appeal, the appellant assails the order dated 13.05.2022 whereby its application filed under Order XXXVII Rule 4 CPC read with Order IX Rule 13 CPC read with Section 151 CPC was dismissed.

4. By way of the above application, the appellant has sought setting aside of the ex-parte judgment and decree dated 25.04.2016 passed in Civil Suit No.116/2015 titled as Somfy India Pvt. Ltd. Vs. Walltracts (India) Pvt. Ltd..

5. Mr. Aaditya Vijay Kumar, learned counsel for the respondent took a preliminary objection to the maintainability of the appeal. He submitted that the impugned order having been passed under Order 37 Rule 4 CPC is not appealable under Order 43 Rule 1 CPC.

6. The necessary facts for adjudication of the present appeal are that the respondent has filed the underlying summary suit for recovery of money under Order XXXVII Rule 1 CPC. In the suit, it was claimed that the plaintiff was in the business of Electrical motors and Controls for automation of window coverings.