1. The appellant before us was the plaintiff in CS (Comm)
668/2023, in which the impugned order dated 2 May 2024 has been
passed by the learned District Judge (Commercial), Patiala House
Courts1, under Order XXXIX Rule 4 of the Code of Civil Procedure,
1 “the learned Commercial Court”, hereinafter
Signing Date:14.07.2025
13:08:53
19082.
2. Inasmuch as we are inclined to set aside the impugned order
and remand the Order XXXIX Rule 4 application of the
respondent/defendant for de novo consideration, we would be
restricting our discussion to the extent necessary for the said purpose.
