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2018 Supreme(Bom) 1867

S.C.DHARMADHIKARI, B.P.COLABAWALLA
TRIDENT STEEL AND ENGINEERING CO – Appellant
Versus
VALLOUREC – Respondent


Advocates:
Advocate Appeared:
Mayur Khandeparkar, Adv., Kunal Kanungo, Adv., Smith Shah, Adv., S. Venkateshwar, Adv., Ravi Kadam, Adv., Mehul Shah, Adv., Snehal Dukhale, Adv., Rizwan Merchant, Adv., Ramiz Shaikh, Adv., Pandey Gaurav Vijay, Adv., Venkatesh Dhond, Adv., Chinmay Gaonkar, Adv., Sajid Shaikh, Adv., Hiren Kamod, Adv., Adheesh Nargolkar, Adv.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. These two appeals were heard together and are disposed of by this common order. It is agreed by both sides that in these appeals, the orders passed by the learned Single Judge of this court, during the course of hearing of the Notices of Motion for interim reliefs, are impugned on several grounds.

2. When these matters were called out, the contesting respondents therein represented by Mr.Ravi Kadam-learned senior counsel and Mr.Venkatesh Dhond-learned senior counsel raised preliminary objections to the maintainability of these appeals. Our attention was invited to section 13 of the Commercial Courts Act, 2015 as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018. This amendment has been brought into force from 21st August, 2018, but effective from 3rd May, 2018.

3. It is urged by the learned senior counsel that the orders impugned in these appeals are not appealable within the meaning of sub-section (1A) of section 13 of the Commercial Courts Act, 2015 as amended. They would submit that these appeals be dismissed on the ground of maintainability alone.

4. For considering the is


























































































































































































































































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