Back
IN THE HIGH COURT AT CALCUTTA
I. P. Mukerji, Biswaroop Chowdhury, JJ.
Poobong Tea Company Limited – Petitioner
Versus
United India Insurance Company Limited – Respondent
APOT/159/2023 With CS/289/2022 IA No.GA/1/2023
Decided On : 12-07-2023
Appeal - Commercial Courts Act - Appeal not maintainable due to specific provisions in the Commercial Courts Act, 2015
Fact of the Case:
The court found that the appeal was not maintainable as per the provisions of the Commercial Courts Act, 2015.
Finding of the Court:
The court concluded that the appeal was not maintainable as per Section 13(1) and Section 13(2) of the Commercial Courts Act, 2015.
Issues: The main issue was the maintainability of the appeal under the Commercial Courts Act, 2015.
Ratio Decidendi: The court relied on the specific provisions of the Commercial Courts Act, 2015, which clearly stated the limited scope of appeals from judgments, decrees, or orders.
Final Decision: The appeal was found to be not maintainable and was dismissed. The interim order was vacated, and the application for admission of the appeal was disposed of.
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 appeal from the impugned judgment and order. Furthermore, the impugned judgment and order does not qualify as a decree so as to become appealable as a judgment and decree under Section 13(1) only which in our opinion is appealable under Section 13(1), besides specified orders in Section 13(1A).
5. For all these reasons, the appeal (APOT/159/2023) is not maintainable. It is dismissed. All undertakings are discharged. The interim order dated 8th June, 2023 is vacated.
6. The application for admission of the appeal being IA No.GA/1/2023 is accordingly disposed of.
7. As affidavits are not invited, allegations if any, contained therein are deemed not to have been admitted.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
