JUDGMENT

Vibhu Bakhru, J.

1. The appellant has filed the present appeal, impugning an order dated 21.02.2023, passed by the learned Commercial Court in CS(COMM) 5164/2021, captioned Sahara Forage Et Btp Sarl Ltd. Liability Company Pvt. Ltd. v. Prime Hi-Tech Engineering Ltd., whereby the right of the appellant (arrayed as the defendant in the suit) to lead evidence, was closed.

2. The impugned order is not an order specified in Order XLIII of the Code of Civil Procedure, 1908 (`CPC'); therefore, is not an order appealable under Section 13(1A) of the Commercial Courts Act, 2015.

3. The learned Counsel for the appellant submits that the orders enumerated under Order XLIII of the CPC, are not exhaustive and notwithstanding that, an order closing evidence is not listed under Order XLIII of the CPC, an appeal against the said order would be maintainable. He contends that Section 13(1A) of the Commercial Courts Act, 2015, does not restrict the right to file an appeal only to such orders that are covered under Order XLIII of the CPC.

4. He referred to the decision of a coordinate Bench of this Court in D&H India Ltd. v. Superon Schweisstechnik India Ltd., 2020 SCC Online DEL 477, where