CM(M)-IPD 4/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 22^nd February, 2022.

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CM(M)-IPD 4/2022 & CM APPL. 8379/2022 (for stay)

BLACK DIAMOND TRACKPARTS PRIVATE LIMITED

AND ORS

..... Petitioners

Through:

Mr. Praveen Chaturvedi, Adv.

Versus

BLACK DIAMOND MOTORS

PRIVATE LIMITED

…...Respondent

Through:

Ms. Malvika Trivedi, Sr. Adv. with

Mr. Nipun Katyal, Adv.

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

J U D G M E N T

1.

This petition has been filed under Article 227 of the Constitution of

India by the petitioners/defendants against the order dated 10^th January,

2022 of the Commercial Court, South District, Saket, New Delhi.

2.

Mr.

Praveen

Chaturvedi,

learned

counsel

for

the

petitioners/defendants has submitted that the impugned order was liable to

be set aside as it contained directions contrary to “law of the land” and in

contravention of the judgment dated 28^th May, 2021 of this court in FAO

(COMM) 41/2021 titled Black Diamond Track Parts Private Limited and

Ors. Vs. Black Diamond Motors Private Limited. The learned counsel

submitted that the Division Bench of this Court, while dealin