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I. P. MUKERJI, BISWAROOP CHOWDHURY
Sabri Properties Pvt. Ltd. – Appellant
Versus
Frostees Exports (India) Pvt. Ltd. – Respondent
JUDGMENT :
I.P. Mukerji, J.
1. Sufficient cause is shown. The application GA 1 of 2024 in APOT 56 of 2024 is allowed by condoning the delay in filing the appeal.
2. A very intriguing question of law has arisen in these appeals. Whilst arguments in the suit were underway, the appellants defendants (the appellant) made two applications - one for amendment of the written statement and the other for leave to adduce further evidence by recalling their witness. On 20th July, 2023 a learned single judge of this court dismissed the application.
3. The appellant moves us.
4. Before the appellant could move the appeals on merits, Mr. Sabyasachi Chowdhury, learned advocate for the respondent/plaintiff (respondent) objected to the court entertaining the appeal.
5. He said that an appeal did not lie from the impugned order. His short ground was this:
The suit is a commercial cause. Under Section 13 of the Commercial Courts Act only specified appeals can be entertained by the court.
There is no doubt whatsoever that the impugned order is not appealable under Section 13.
6. It was through his legal acumen and vast experience that Mr. Haradhan Banerjee, learned advocate, appearing for the appellant could p
The right of appeal under the Commercial Courts Act vests in a suitor on the date of institution of the original action and cannot be taken away by any subsequent statute unless expressly provided.
The proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
An appeal under Section 13(1A) of the Commercial Courts Act is maintainable only against orders specified in Order XLIII of the CPC, and the dismissal of an application under Order VII Rule 10 CPC is....
The main legal point established in the judgment is that appeals would only lie from the orders mentioned in Section 37 of the arbitration and Conciliation act, 1996, and from no others. Additionally....
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