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I. P. MUKERJI, BISWAROOP CHOWDHURY
Poobong Tea Company Limited – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
1. There is no necessity for this Court to go into the merits of this appeal i.e., whether the learned single judge, by his judgment and order dated 16th May, 2023 was right in allowing the respondent/defendant to file its written statement.
2. This is so because the law does not permit any appeal from the impugned judgment and order dated 16th May, 2023. Section 13(1) of the Commercial Courts Act, 2015 makes it quite clear that appeals would lie from judgments, decree or orders specified in that section and from no other decision. Section 13(2) has a non-obstante clause. It mandates that irrespective of any other law or Letters Patent of a High Court “no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Court.”
3. The proviso to sub-Section (1A) of Section 13 specifies that appeals would lie from orders passed by a Commercial Division or any Commercial Court that are “specifically enumerated under Order XLIII of the Code of Civil Procedure ... and Section 37 of the Arbitration and Conciliation Act, 1996.”
4. Order XLIII of the Code of Civil Procedure does not conceptualise any appe
Appeals under Section 13 of the Commercial Courts Act can only be entertained from orders of the Commercial Court, not from orders of an ordinary court.
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.
Appeals under the Commercial Courts Act relate only to specified orders, excluding non-commercial suits and those not meeting criteria for appeal.
No appeal permitted against orders granting conditional leave to defend in commercial suits as per Section 13(1A) of the Commercial Courts Act, 2015.
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....
An order closing evidence in a commercial court case is not appealable under Section 13(1A) of the Commercial Courts Act, 2015, beyond the orders enumerated in Order XLIII of the CPC.
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