JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Girish Kathpalia, J.

1. By way of this appeal, brought under the provisions of Order XLIII Rule 1 read with Section 151 of the Civil Procedure Code (hereinafter referred to as "the Code") and Section 13 of the Commercial Courts Act 2015 (hereinafter referred to as "the Act"), the appellant assailed order dated 11.11.2022 of learned District Judge (Commercial), South, Saket, Delhi, whereby application dated 05.11.2022 of the appellant plaintiff under Section 151 of the Code was treated as application under Order XXIII Rule 1(3) of the Code and disposed of, thereby permitting the appellant to withdraw the suit with liberty to file fresh suit, but declining the request of the appellant for return of the court fees. Upon service of notice of this appeal, the respondents entered appearance through counsel, who on 05.04.2023 submitted that the respondents have no objection to this appeal concerning the relief which has been denied to the appellant by the learned trial court. On 05.04.2023 itself, learned counsel for appellant was also called upon to address on maintainability of this appeal. Accordingly, we have heard learned cou