BRIJESH KUMAR AGARWAL Vs. IFCI FACTORS LIMITED

JUDGEMENT

(1.) C.M.No.14565/2020

(2.) Today, learned counsel for appellant states that the learned Single Judge without framing any issues and permitting admission denial of documents and also without allowing parties to lead evidence had passed the impugned decree and that too without any application being filed under Order XIIIA CPC. He submits that steps under order XVA CPC regarding case management hearing have to be mandatorily followed, which have not been followed by the learned Single Judge. He submits that in a similar case, a decree had been set aside by the Division Bench of this Court in Clues Network Pvt. Ltd. Vs. L oreal,2019 SCCOnlineDel 7984 , wherein it was held that a civil suit, in particular, a commercial suit had to proceed strictly in accordance with the procedure outlined in the Code of Civil Procedure, 1908 (CPC) read with the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Courts Act, 2015). The relevant portion of the judgment relied upon by the learned counsel for appellant is reproduced hereinbelow:

(3.) He also relies upon the judgment of the Supreme Court in Associate Builders vs. Delhi Development Authority , 2015 3 SCC 49, wherein it has been held that a perverse decision going to the root of the matter constitutes a patent illegality as well as a public policy violation. The relevant portion of the said judgment relied upon by learned counsel for the appellants is reproduced hereinbelow:-