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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH MEHTA, VINOD KUMAR
Asian Hotels North Limited – Appellant
Versus
Exclusive Capital Limited – Respondent
ORDER :
DINESH MEHTA, J.
1. Instant appeal has been preferred under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') read with Section 13 of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act of 2015') calling in question, the propriety and correctness of the order dated 07.01.2026.
2. No sooner had Mr. Rajiv Nayyar, learned senior counsel for the appellant (defendant no.4) opened his arguments, than Mr. Siddharth Yadav, learned senior counsel for respondent no.1 (plaintiff) interjected and raised a preliminary objection that the instant appeal is not maintainable as the order dated 07.01.2026 does not finally decide the interim application much less the suit. His argument, in substance was that unless an application or lis is finally decided, appellate jurisdiction conferred under Section 13 of the Act of 2015 cannot be invoked.
3. While highlighting that the impugned order was passed on 07.01.2026 and a period of about 45 days has since passed, learned senior counsel argued that almost an equal period of time (45 days) is remaining when the matter would come before learned Single Judge, as the next date is06.04.2026.
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
Appeal under Section 13(1A) of Act of 2015 would lie only against Judgment and Orders which are enumerated or enlisted under Order XLIII of CPC.
appellant has not filed any objection/application before the Trial Court under Rule 4 of Order 39 C.P.C. to vacate the ex-parte ad-interim injunction. Therefore, it cannot be said to be a final order....
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
An appeal against an ex-parte injunction is maintainable under Order XLIII Rule 1(r), affirming that the right to appeal is a statutory right.
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