ANTARA HOUSING LLP Vs. M/S. PRIMELAND CONSTRUCTIONS

JUDGEMENT

(1.) Heard learned Counsel.

(2.) At the outset, the learned Counsel appearing on behalf of the Defendant sought time on the ground that the Defendant had filed an appeal against the order dtd. 3/10/2022, by which the Defendant had been granted conditional leave to defend the present Commercial Summary Suit.

(3.) The learned Counsel appearing on behalf of the Plaintiff vehemently opposed this request and submitted that even on the last occasion the same request had been made. Additionally, the learned Counsel appearing on behalf of the Plaintiff submitted that an appeal from an order granting conditional leave to defend in a Summons for Judgment filed in a Commercial Summary Suit was not maintainable and placed reliance upon a judgment of this Hon 'ble Court in the case of SKIL-Himachal Infrastructure and Tourism Ltd. and Ors. Vs. IL and FS Financial Services Ltd. Commercial Appeal (L) No.95 of 2020 in Summons for Judgment No.83 of 2019 in Commercial Summary Suit No.923 of 2019 with Interim Application No.1801 of 2020 in Commercial Appeal (L) No.95 of 2020. (G. S. Patel and Gauri Godse, JJ.). He invites my attention to Paragraph 52.1, which reads thus :-