JUDGMENT :

J.B. PARDIWALA, J.

1. This First Appeal under Section-13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 [For short “The Act, 2015”] is at the instance of the original plaintiff and is directed against the judgment and decree passed by the Commercial Court, Ahmedabad dated 04/07/2018 below Exh.22, in the Commercial Suit No.10 of 2018 instituted by the appellant herein.

2. The application Exh.22 came to be filed by the respondent – Bank under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 [for short “The CPC”] for rejection of the plaint on the ground that the suit is barred by the provisions of the Recovery and Debts and Bankruptcy Act, 1993 [for short “The Act, 1993”]. The application Exh.22 came to be allowed by the Commercial Court and the plaint has been ordered to be rejected.

3. Being dissatisfied with the order passed by the Commercial Court rejecting the plaint, the appellant – original plaintiff is here before the Court with the present appeal.

4. As this litigation has something