UKHC010033572025 2026:UHC:6992-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J. AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY, J. 7th August, 2026 APPEAL FROM ORDER No. 75 of 2025 M/s Radhey Meta Alloys Pvt. ………….Appellant Versus M/s B A Alloys Private Ltd. ----Respondent ---------------------------------------------------------------------- Presence:- None for the appellant. Mr. Nilesh Deep, learned counsel (through V.C) with Mr. Rajyavardhan Chaudhary, learned counsel for the respondent. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present Appeal is directed against the order dated 08.01.2025, passed by the Commercial Court, Kumaun Division, Haldwani, in Commercial Suit No. 36 of 2024, by which, the court has declined to take on record the written statements of the defendant – appellant. 2. No one is present on behalf of the appellant. 3. Learned counsel for the plaintiff – respondent states that suit has already been decided on 19.03.2026. A copy of the said judgment has also been placed before us for perusal, from which, we find the statement to be correct. 4. In view of it, the appeal has become infructuous. 1 UKHC010033572025 2026:UHC:6992-DB 5. It is accordingly dismissed as infructuous. 6. The dismissal of the appeal will not come in the way of defendant – appellant to challenge the impugned order in appeal, if filed against the final judgment. 7. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 07.08.2026 KKS/PP 2