Neutral Citration Number : 2022/DHC/005306

$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO (COMM) 172/2022, CM Nos.55686/2019 & 2871-72/2020

TTK PRESTIGE LTD

......Appellant

Through:

Mr Manish Kumar Mishra and Mr

Shakti Nair, Adv.

HIVELOOP TECHNOLOGY PVT LTD

......Respondent

Through:

Mr Rajshekhar Rao, Sr. Adv. with Mr

Aditya Gupta, Ms Aishwarya Kane

and Ms Yamini, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MS. JUSTICE TARA VITASTA GANJU

[Physical Hearing/Hybrid Hearing (as per request)]

RAJIV SHAKDHER, J. (ORAL):

1. The instant appeal has been preferred against the interlocutory order

dated 25.10.2019, whereby the application under Order XXXIX Rule 4 of

the Code of Civil Procedure, 1908 [in short “CPC”] was disposed of.

2. At one juncture, the appeal was being prosecuted before the learned

Single Judge of this Court.

2.1

However, this appeal, thereafter, by virtue of an order dated

04.11.2022, was placed before the Division Bench of this Court.

3. Mr Manish Kumar Mishra, who appears on behalf of the appellant,

says that the instant appeal has been rendered inefficacious, in view of the

summary judgment dated 01.12.