JUDGMENT

FAO (COMM) 98 of 2023 and CM Appl. 20261 of 2023 (Stay), CM Appl. 20262 of 2023 (Addl. Document)

The present appeal impugns the order dated 21 February 2023 passed by the District Judge (Commercial) who has for reasons assigned and recorded in that order, vacated the ex parte injunction which had been granted in favour of the plaintiff/ appellant on 25 September 2021 and called upon it to furnish additional material in support of the Chartered Accountant’s [“CA”] certificate which had been presented in respect of the “specified value” of the suit.

2. We find from the order dated 25 April 2023 passed on this appeal that the Court while entertaining the challenge had placed the impugned order in abeyance and restored the ad interim ex parte injunction which had operated on the suit. While considering the questions which were canvassed for consideration, the Division Bench also expressed reservation with respect to the correctness of the view expressed by a learned Single Judge of the Court in Vishal Pipes Limited vs. Bhavya Pipe Industry, 2022 SCC OnLine Del 1730. It accordingly appointed Ms. Swathi Sukumar, learned counsel, as the Amicus Curiae to assist the Court in examin