FAO(OS)/57/2017 of RAVI ARYA Vs M/S SAHARA INDIA COMMERCIAL CORPORATION LTD

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+FAO(OS) 57/2017 & CM Nos.7873/2017, 7876/2017, &7876/2017

RAVI ARYA..... AppellantThrough :Mr. Arunav Tewari,Advocate.

versus

M/S SAHARA INDIA COMMERCIALCORPORATION LTD

..... RespondentThrough :Mr. Rajshekhar Rao,Mr.Simranjeet Singh,Advocates.

CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON’BLE MS. JUSTICE PRATHIBA M. SINGHO R R

%19.05.2017

1.The petitioner assails the order dated 31[st]May, 2016 passedby the learned Single Judge dismissing OA No. 118/2016. The OANo. 118/2016 had been filed by the appellant challenging the orderdated 3[rd]February, 2016 passed by the Joint Registrar (Original)closing the appellant’s/defendant’s right to cross examine theplaintiff’s witness upon his failure to do so after having been giventhe repeated opportunities.

2.The appellant also assails the order dated 21[st]April, 2016passed by the Joint Registrar (Original) closing the defendant’sevidence in the light of his failure to bring the same on record.

3.These orders were passed in CS(OS) 1226/2011 which were

filedbytherespondenthereinseekingrecoveryofaboutRs.1,30,00,000 (Rupees One Crores and Thirty Lacs) against theappellant herein. This suit was within the meaning of theexpression of The Commercial Courts, Commercial Division andCommercial Appellate Division of High Courts Act, 2015.

4.We find that the present appeal is barred by virtue of Section13 of the said enactment which restricts the appeals against theorder of Commercial Courts only in accordance with the provisionsof this statute.

5.The order dated 3[rd]February, 2016 and 21[st]April, 2016passed by the Joint Registrar (Original) as well as order dated 31[st]May, 2016 passed by the Commercial Division of this court is notappealable under the provisions of the statute.

6.Mr.Rajshekhar Rao, learned counsel for respondent hasplaced the following list of dates in support of his contention thatthe appellant is disentitled to exercise any indulgence of this courtin his favour:-

7.In view thereof, this appeal is completely devoid of merits aswell. The appeal is accordingly dismissed.

8.At this stage, Mr. Arunav Tewari, learned counsel appearingfor the appellant prays that the parties may be given an opportunityto explore the settlement by recourse through mediation. Therecan possibly be no objection to the same.

The appellant is seeking recovery of his money urging thathe is legally entitled to the same, premised on alleged admissionsmade by the respondent.

9.In view of above, it is directed as follows :

(i)the parties or their Authorized representatives shallappear before the learned Mediator, Delhi High CourtMediation and Conciliation Centre on 20[th]May, 2017at 2 p.m.appear before the learned Mediator, Delhi High CourtMediation and Conciliation Centre on 20[th]May, 2017at 2 p.m.

(ii)the learned Mediator, Delhi High Court Mediation andConciliation Centre shall file its report in CS(OS)1226/2011 before 18[th]July, 2017, when the said suit isstated to be listed.Conciliation Centre shall file its report in CS(OS)1226/2011 before 18[th]July, 2017, when the said suit isstated to be listed.

ACTING CHIEF JUSTICE

MAY 19, 2017j

PRATHIBA M. SINGH, J