Back
Sambandh Finserve Pvt. Ltd – Appellant
Versus
Vivriti Capital Private Limited – Respondent
JUDGMENT :
Sanjib Banerjee, J.
The appeal arises out of an order passed granting conditional leave to defend in a suit instituted under Order XXXVII of the Code of Civil Procedure, 1908.
2. There is no dispute that the suit is a commercial suit. Indeed, it was instituted in the commercial division of this Court and numbered as C.S.(Comm. Div.) No.297 of 2020.
3. Appeals in respect of orders passed in commercial suits are governed by Section 13 of the Commercial Courts Act, 2015. Section 13(1A) of the Act provides as follows :
(1) ...
(1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order:
Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbit
No appeal permitted against orders granting conditional leave to defend in commercial suits as per Section 13(1A) of the Commercial Courts Act, 2015.
The right of appeal under the Commercial Courts Act vests in a suitor on the date of institution of the original action and cannot be taken away by any subsequent statute unless expressly provided.
Appeals under Section 13 of the Commercial Courts Act can only be entertained from orders of the Commercial Court, not from orders of an ordinary court.
Appeals under the Commercial Courts Act relate only to specified orders, excluding non-commercial suits and those not meeting criteria for appeal.
The main legal point established is that the Commercial Courts Act, 2015 provides specific provisions for the maintainability of appeals, and appeals can only be made in accordance with the provision....
An appeal under Section 13(1A) of the Commercial Courts Act is maintainable only against orders specified in Order XLIII of the CPC, and the dismissal of an application under Order VII Rule 10 CPC is....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
