JUDGMENT :

(Prayer: Appeal filed under Section 13(1) of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of OS Rules against Judgment and Order dated 24.09.2021 passed in Application No.1494 of 2021 in C.S.No.96 of 2021 on the file of original side of this court.)

1. The appeal arises out of an order in course of an application for summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 in an admiralty action to which the Commercial Courts Act, 2015 also applies.

2. A preliminary objection is taken by the defendant respondent to the effect that the appeal is not maintainable in view of the restricted scope of appeal in Section 13 of the Act of 2015 and in the light of a recent judgment of this court reported at 2021 SCC OnLine Mad 5428 (Hindustan Unilever Limited v. S.Shanthi). The defendant asserts that since the order impugned has been passed under Order I Rule 10 of the Code, which gives complete discretion to the trial court to add or strike out any party, and such nature of order is not recognised as appellable under Order XLIII of the Code, the appeal cannot be pursued. It is the further submission of the defendant that, at any rate, no decision on t