FAO (COMM) 303/2026 p. 1 $~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010494112026 + FAO (COMM) 303/2026 & CM APPL. 71230/2026 M/S NITYA ELECTRO CONTROLS PVT LTD .....Appellant Through: Mr. Suresh Chandra Sharma, Mr. Bipin Kumar and Mr. Himanshu Shukla, Advocates. versus M/S BGR ENERGY SYSTEMS LIMITED & ANR. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE JYOTI SINGH HON'BLE MR. JUSTICE GURVINDER PAL SINGH O R D E R % 12.10.2026 CM APPL. 71231/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. FAO (COMM) 303/2026 3. This appeal is filed on behalf of the Appellant laying challenge to impugned common order dated 29.09.2026, passed by learned District Judge, Commercial Court-02, Shahdara District, Karkardooma Courts, Delhi in CS (Comm.) No. 228/2026 whereby Appellant’s application under Order XXXIX Rules 1 and 2 CPC seeking injunction against encashment of four bank guarantees was dismissed and the subsisting interim order dated 30.04.2026 was vacated on an application filed by Respondent No. 1 under 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 15/10/2026 at 11:33:59 FAO (COMM) 303/2026 p. 2 Order XXXIX Rule 4 CPC. 4. At the outset, learned counsel for the Appellant submits that Respondent No. 1 has already encashed the four bank guarantees and hence this appeal is rendered infructuous and be disposed of. 5. Accordingly, the appeal is disposed of as infructuous along with pending application, making it clear that Court has neither entered into nor expressed any opinion on the merits of the case. Appellant will be at liberty to take recourse to all legal remedies in respect of his rights and contentions agitated in the suit. JYOTI SINGH, J GURVINDER PAL SINGH, J OCTOBER 12, 2026/AK 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 15/10/2026 at 11:33:59