Rspl Ltd vs Rozana Rural Commerce Pvt Ltd
2026 Latest Caselaw 580 Del

Delhi High Court

Rspl Ltd vs Rozana Rural Commerce Pvt Ltd on 4 February, 2026

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~25
                  *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +       FAO (COMM) 37/2026 & CM APPL. 7611/2026, CM APPL.
                          7612/2026

                          RSPL LTD                                     .....Appellant
                                             Through: Mr. Satish Kumar and Mr Anil
                                             Kumar Sahu, Advs.

                                             versus

                          ROZANA RURAL COMMERCE PVT LTD        ....Respondent
                                      Through: Mr. Preet Singh Oberoi, Ms.
                                      Ananttika Singh and Kr. Sahajpal Singh,
                                      Advs.

                          CORAM:
                          HON'BLE MR. JUSTICE C. HARI SHANKAR
                          HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                           JUDGMENT (ORAL)

                  %                           04.02.2026

                  C. HARI SHANKAR, J.

1. Mr. Preet Singh Oberoi, learned Counsel for the respondent, points out that, by an order passed on 3 February 2026, CS(Comm) 756/2025 has been returned by the learned District Judge (Commercial Court-06) South-East, Saket under Order VII Rule 10A of the CPC on the ground that it has no territorial jurisdiction to deal with the matter.

2. The order impugned in the present appeal challenges the decision to reject the appellant's application under Order XXXIX Rules 1 and 2 of the CPC on the ground of want of territorial jurisdiction.

FAO (COMM) 37/2026

KUMAR Signing Date:06.02.2026 12:55:22

3. Now as the suit has been returned, it would be necessary for the appellant to assail the said order, if so advised, failing which the present appeal would not survive.

4. Learned Counsel for the appellant, therefore, seeks leave to withdraw the present appeal with liberty to file a consolidated appeal additionally challenging the order dated 3 February 2026 whereby CS(Comm) 756/2025 has been returned under Order VII Rule 10 of the CPC.

5. Leave and liberty is granted as aforesaid.

6. The appeal stands disposed of in the above terms.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

FEBRUARY 4, 2026 dsn

FAO (COMM) 37/2026

KUMAR Signing Date:06.02.2026 12:55:22