✦ Delhi High Court

M/S. BLUE ICE FARMS PVT. LTD v. AMRISH GUPTA & Anr.

SUBRAMONIUM PRASAD, HARISH VAIDYANATHAN, HARISH VAIDYANATHAN SHANKAR

Case at a glance

Outcome

Disposed of

The appeal stands disposed of

Key paragraphs

  • Para 55. The appeal stands disposed of. SUBRAMONIUM PRASAD, J. HARISH VAIDYANATHAN SHANKAR, J. MARCH 25, 2025/AK This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order…

Judgment

Through: Mr. M/S. BLUE ICE FARMS PVT. LTD. .....APPELLANT Singhal, Ajay, Mr.Prasanna, Mr. Mr.Binwant Singh, Mr.Rishabh Bhardwaj, Mr. Rajat Pandey, Advocates. Kanhaiya versus AMRISH GUPTA & ANR. .....RESPONDENTS Through: Mr. Ashutosh Gupta and Mr. Advocates Rana, Gaurav through VC. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R 25.03.2025 The present appeal, filed under Section 13 (1A) of the % 1. Commercial Courts Act, 2015 read with Section 96 and Order 41 Rule 1 of the Code of Civil Procedure, 1908, seeks setting aside of the judgment dated 16.09.2023 whereby the suit was rejected as not maintainable under Section 2(1)(c) of the Commercial Court Act,

2015.

2.

Learned counsel for the appellant/plaintiff states that he seeks to withdraw the present appeal with liberty to take remedies as available in accordance with law.

3.

Needless to state that in case a fresh suit is filed, the issue as to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:46:18 whether the appellant/plaintiff is entitled to recovery of possession or not would depend upon the facts of the case and this Court does not opine on the merits of the case.

4.

It is always open to the appellant/plaintiff to file a fresh suit in accordance with law, which shall be considered by the Court on its own merits.

Operative part

5.

The appeal stands disposed of. SUBRAMONIUM PRASAD, J. HARISH VAIDYANATHAN SHANKAR, J. MARCH 25, 2025/AK This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/03/2025 at 14:46:18

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal stands disposed of

Which statutory provisions did this judgment involve?

Commercial Courts Act, 2015; Code of Civil Procedure, 1908 — s. 96.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Delhi High Court or eCourts case status. ← Search more judgments