Asian Hotels North Limited vs Exclusive Capital Limited & Ors

ik-69845654 Delhi High Court 27 February 2026 • 13 min read

Judges (2)

Dinesh Mehta Delivered Vinod Kumar Coram

Counsel (14)

Aditya Kumar Counsel Respondent Amrita Sony Counsel Respondent Chetan Roy Counsel Respondent Devika Mohan Counsel Respondent Dhruv Negi Counsel Respondent Kunal Tandon Counsel Respondent Madhav Bhatia Counsel Appellant Manav Goyal Counsel Respondent Pratham Mehrotra Counsel Appellant Rajiv Nayyar Counsel Appellant Ritika Gusain Counsel Respondent Shagun Chopra Counsel Appellant Siddharth Yadav Counsel Respondent Sidhant Kumar Counsel Appellant

Parties (2)

Asian Hotels North Limited Appellant Exclusive Capital Limited Respondent

Case Significance

Asian Hotels North Limited vs Exclusive Capital Limited & Ors is a Delhi High Court decision dated February 27, 2026 (citation: ik-69845654). The appellant challenged an ad-interim injunction order under Order XLIII Rule 1(r) CPC in a commercial suit, with the respondent raising a preliminary objection on maintainability of the appeal. The Division Bench held that an appeal lies under Order XLIII Rule 1(r) against an ad-interim order granting or refusing injunction regardless of the nature of the suit or forum, and that the restrictions under Section 10 of the Delhi High Court Act do not apply since the suit was tried under the Com The bench comprised Justices Dinesh Mehta and Vinod Kumar. The judgment was delivered by Justice Dinesh Mehta.

Summary

The appellant challenged an ad-interim injunction order under Order XLIII Rule 1(r) CPC in a commercial suit, with the respondent raising a preliminary objection on maintainability of the appeal. The Division Bench held that an appeal lies under Order XLIII Rule 1(r) against an ad-interim order granting or refusing injunction regardless of the nature of the suit or forum, and that the restrictions under Section 10 of the Delhi High Court Act do not apply since the suit was tried under the Commercial Courts Act which independently provides appellate rights. The appeal was held maintainable and listed for hearing on merits.

What was the outcome of Asian Hotels North Limited vs Exclusive Capital Limited & Ors?

The appellant challenged an ad-interim injunction order under Order XLIII Rule 1(r) CPC in a commercial suit, with the respondent raising a preliminary objection on maintainability of the appeal. The ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-69845654)