$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010399242026 + RFA(COMM) 572/2026, CAV 407/2026, CM APPL. 57480/2026, CM APPL. 57481/2026, CM APPL. 57482/2026, CM APPL. 57483/2026& CM APPL. 57484/2026 M/S WEBKUL SOFTWARE PVT LTD .....APPELLANT Through: Mr. Kumar Abhishek, Mr. Ganesh Ojha & Ms. Nandita Mishra, Advs. versus M/S BROWSEINFO .....RESPONDENT Through: Mr. Anil Dutt, Mr. Ayush Sharma & Mr. Dhairya Shah, Advs. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 02.09.2026 1. We have heard the respective counsels and perused the written submissions. 2. When this Court was about to allow the present appeal, the counsel for the respondent/original defendant, on instructions, extends consent for quashing/setting aside of the impugned judgment dated 29th May, 2026 delivered by learned District Judge (Commercial)-03, South, Saket Courts This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:28:24 New Delhi in CS (Comm) 145/2025 titled Webkul Software Private Limited v. Browseinfo. 3. As a sequel of above, we are inclined to quash and set aside the said judgment dated 29th May, 2026 delivered by the said court on an application under Order VII Rule 11 (a) CPC. The said application stands restored to the file of the learned Commercial Court of the Saket Court. 4. It will be appropriate in our opinion to direct the learned Commercial Court to deal with the said application afresh having regard to law laid down in the following judgments:- (i) Liverpool & London S.P. & I. Assn. Ltd. v. M.V. Sea Success I, (2004) 9 SCC 512 (ii) Vinod Infra Developers Ltd. v. Mahaveer Lunia & Ors., 2025 SCC Online SC 1208 (iii) CNH Industrial (India) Pvt. Ltd. v. Tirth Argo Technology Pvt. Ltd., 2019 SCC Online Del 7484 (iv) Tech Plus Media Pvt. Ltd. v. Jyoti Janda & Ors , 2014:DHC:5095 And such other judgments/citations which the respondent intends to rely on. 5. The parties agreed that they shall appear before the learned Commercial Court on 28th September, 2026. 6. The fresh notices/summons to the respective parties by the Learned Commercial Courts are waived of, in view of the aforesaid undertaking by the respective parties. 7. The petition is disposed of. 8. Pending application(s), if any, also stands disposed of. 9. Order be uploaded on the website of this Court, forthwith. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:28:24 10. Copy of the Order be sent to the learned District Judge (Commercial)- 03, South, Saket Courts New Delhi for necessary information and compliance. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 2, 2026/nk/sg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:28:24