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2023 Supreme(Online)(SC) 19708

MR. JUSTICE SANJIV KHANNA, MR. JUSTICE S.V.N. BHATTI, JJ
M/S GOEL ROAD CARRIERS PVT. LTD. – Appellant
Versus
M/S SAMAR LIFESTYLE PRIVATE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. S. Sobti, Ms. Ritu Sobti, Mr. Mohit D. Ram, Mr. Rajul Shrivastav, Mr. Anubhav Sharma, Ms. Sthavi Asthana
For the Respondents:

ORDER

Learned counsel for the petitioner has drawn our attention to the judgment of this Court in SCG Contracts (India) Private Limited vs. K.S. Chamankar Infrastructure Private Limited and Others1. Learned counsel for the petitioner submits that the ratio in Prakash Corporates vs. Dee Vee Projects Limited 2 is not applicable, 1 (2019) 12 SCC 210. 2 (2022) 5 SCC 112 . Digitally signed by SWETA BALODI Date: 2023.10.11 16:39:16 IST Reason:

    Signature Not Verified as the commercial suit in question was filed post the moratorium (COVID) period. It will be appropriate for the petitioner - M/S Goel Road Carriers Pvt. Ltd. to file an application for review before the High Court, which application, if filed within a period of 30 days from today, will not be dismissed on the ground of delay. However, the application for review will be considered and decided in accordance with law and on its own merits. In case the application for review is dismissed, it will be open to the petitioner to challenge the impugned order/judgment before this Court. Recording the aforesaid, the special leave petition is dismissed. Pending application(s), if any, shall also stan
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