JUDGMENT :

1. We have heard Sri Kaushalendra Nath Singh and Sri A.B. Singhal, learned counsel for New Okhla Industrial Development Authority; Sri Vishnu Gupta, learned Senior Advocate, assisted by Mr. S.O.V.S. Chauhan, learned counsel for M/s Pathik Software Education Private Limited and Sri Shashi Nandan, learned Senior Advocate, assisted by Ms. Shreya Gupta, learned counsel for M/s Innova A.M. Tech L.L.P., Gautambuddh Nagar.

2. Both appeals arise out of common judgment and decree dated 28.3.2022 passed by the Presiding Officer, Commercial Court, Gautam Budh Nagar in Suit (Comm) No.167 of 2021 (M/s Pathik Software Education Pvt. Ltd. vs. CEO New Okhla Industrial Development Authority and two others).

3. Learned counsel for the parties agreed that both appeals may be disposed of at this stage without calling for original record as the relevant records alongwith the pleadings are already appended alongwith the appeals and they have no objection, in case these appeals are decided without summoning the record.

4. With the consent of learned counsel for the parties, both these appeals