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2024 Supreme(Ker) 17

A. BADHARUDEEN
State Of Kerala – Appellant
Versus
Praveen Kumar T. K. , Son of T. K. Vijayan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.DENNY K DEVASSY, GOVERNMENT PLEADER
For the Respondent: A.KOMU, T.B.SIVAPRASAD

JUDGMENT :

This Miscellaneous Second Appeal has been filed under Section 13(1A) of the Commercial Courts Act read with Section 100 and Order XLII Rule 1 of the Code of Civil Procedure, 1908, at the instance of the State of Kerala, represented by the Chief Secretary, challenging the decree and judgment in Commercial Appeal No.1/2023 on the files of the District Court, Kozhikode dated 30.07.2022 arose out of the decree and judgment in Commercial Suit No.109/2020 on the files of the Commercial Court, Kozhikode.

2. Heard the learned Special Government Pleader appearing for the State as well as Adv.A.Komu appearing for the respondent.

3. I shall refer the parties in this miscellaneous second appeal as 'plaintiff' and 'defendants' for convenience.

4. In this matter, the learned counsel for the plaintiff raised a question as to the maintainability of the second appeal. It is submitted by the learned counsel for the plaintiff that the Commercial Courts Act, 2015, as amended with effect from 03.07.2018, is intended to deal with commercial disputes in segregation from other disputes. Thus appeals from the decree and judgment of a commercial court shall be in accordance with the provisions of the

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