Advocates Appeared:
For the Appellant : Pradhuman Singh and Richin Surana, Advs.
For the Respondents: Sanjay Nahar, Adv.

Key Points: - The High Court held that a writ petition under Article 227 is maintainable against an interlocutory order of a Commercial Court, notwithstanding the embargo in Section 8 of the Act, with certain self-imposed restrictions. (!) (!) - Section 8 bars civil revision petitions or petitions against interlocutory orders of a Commercial Court, requiring challenges to be raised only in an appeal against a decree, but the court found this does not ban Article 227 petitions in exceptional circumstances. (!) (!) - Appeals from decrees or orders of the Commercial Court can go to the Commercial Appellate Division only if specifically provided by the Act, i.e., via Section 13 and Order XLIII CPC enumerations; there is no provision for appeals against interlocutory orders under the Act. (!) (!) (!) - The matter if maintainable under Article 227 would be heard by a court authorized to hear writ petitions, not by the Commercial Appellate Division, due to the absence of a remedy in the Act for interlocutory orders. (!) - The judgment discusses whether such writ petitions should be heard by a Single Bench or Division Bench, noting lack of rules or orders mandating placement before the Commercial Appellate Division. (!) (!) - The Registrar is to seek clarification from the Chief Justice regarding whether writ petitions emanating from Commercial Courts must be laid before SB Civil Writ Petitions or bench hearing. (!)

What is the maintainability of a writ petition under Article 227 of the Constitution of India against an interlocutory order passed by a Commercial Court, in light of Section 8 of the Commercial Courts Act, 2015?

What is the appropriate forum (Single Bench vs. Division Bench/Commercial Appellate Division) for hearing a writ petition under Article 227 challenging such interlocutory orders, given Sections 4, 5 and 13 of the Act, and the lack of an express provision for such interlocutory orders?