[2026:RJ-JP:31518] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4837/2025 CNR: RJHC020968402025 | URN: CMA / 8293U / 2025 M/s Unire Business Solutions Pvt. Ltd., a Company Incorporated Under The Companies Act, Having Registered Office At 69/375, Jaipur-302020, Through Its Authorized Signatory, Mr. Rakesh Shah ----Appellant Versus 1 Kensington Tours Ltd., Office 2 Queen Street East, Suit 500 Toronto, Ontario M5C 3G7, Canada, Through President Ms. Helen Giontsis. Email Helen.giontsis@kensingtontours.com 2 Ms. Melissa Stankovich, Director, Procurement Operations, Kensington Tours, 2 Queen Street East, Suit 500 Toronto, Ontario M5C 3G7. Email Melissa.stankovich@kensingtontours.com, Melissa.stankovich@trip-Arc.com. 3 Mrs. Monika Bahirwani, Sole Proprietor, Setzling, Villa No. 64, Shubh Villa By Shubham Group, Narayan Vihar, Jaipur, Office At 34, Raghu Vihar, Patrakar Colony Road, Sanganer, Jaipur. Email Monikabahirwani99@gmail.com. 4 Ms. Ankita Singhal, B-35, Triveni Nagar, Near Gopalpur Bye Pass, Durgapura, Jaipur-302018,rajasthan. Email Ankitasingha1408@gmail.com. 5 Ms. Jigyasha Chaturvedi, Abuda Chauraha Ke Paas, Sai Sagah Dukaan, Saini Gaon, Mount Abu, Block No. 3, Abu Sirohi-307501,rajasthan. Email Jchaturvedi664@gmail.com 6 Ms. Anjali Tewani, 92/175, Patel Marg, Agarwal Farm, Mansarovar, Jaipur-302020, Rajasthan. Email Anjalitewani4@gmail.com. ----Respondents For Appellant(s) : Mr. Namish Nigotia For Respondent(s) : Mr. Yahvardhan Tolani for Mr. Rajat Ranjan [2026:RJ-JP:31518] (2 of 3) [CMA-4837/2025] HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/08/2026 1. Instant Misc. Appeal under Order 43 Rule 1(a)CPC has been filed by appellant-plaintiff feeling aggrieved by the order dated 05.05.2025, passed in Civil Suit No.178/2024 by the Court of Additional District & Session Judge No.10, Jaipur Metro-I, Jaipur Headquarter, Sanganer, whereby and whereunder plaintiff’s suit for recovery of damages to the tune of Rs. 19,00,000/- (Nineteen lacs) and permanent injunction was returned under Order VII Rule 10 CPC for presentation before the Commercial Court since dispute raised in suit was found to be a commercial dispute in terms of Section 2(1)(c)(xviii) of the Commercial Courts Act, 2015. 2. Counsel for the appellant submits that challenge to the impugned order dated 05.05.2025 was made in good faith and under an impression that the dispute does not arise out of commercial dispute, but appellant admits this fact and wants to withdraw this appeal in order to present the suit before the Commercial Court abiding by the order impugned dated 05.05.2025, however, counsel for the appellant has prayed that the presentation of suit before the Commercial Court, after withdrawal of this appeal may be treated to be in continuance to the order impugned dated 05.05.2025 and the period during which the proceedings of present appeal remained pending before this Court under bona fide impression and good faith may be excluded while computing the period of limitation for institution of [2026:RJ-JP:31518] (3 of 3) [CMA-4837/2025] suit before Commercial Court in terms of Section 14 of the Limitation Act, 1963. 3. Counsel appearing on behalf of respondent Nos.3 to 6, who are only the contesting respondents, since name of respondent Nos. 1 and 2, have already been deleted, has no objection in withdrawal of appeal by the appellant and submits that the issue of limitation may be gone into by the Commercial Court in the light of Section 14 of the Limitation Act. 4. Taking into consideration the rival submissions, this Court permits the appellant to withdraw this appeal with liberty to present the suit before the Commercial Court in furtherance to the order impugned dated 05.05.2025, however, it is hereby observed that in case appellant files suit before the Commercial Court within a period of thirty days from today, the same shall be considered to be filed in furtherance to the impugned order dated 05.05.2025 by excluding the period during which the present appeal remained pending before this Court. 5. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J Pcg/70