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2021 Supreme(Mad) 3202

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Aarur Tamilnadan – Appellant
Versus
S. Shankar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.T.T.Ravichandran, for Mr.P.T.Perumal
For the Respondent: Mr.D.Sai Kumaran

JUDGMENT :

Sanjib Banerjee, J.

This is complete waste of time as the appeals are not maintainable. The appeals arise out of an order dated March 3, 2021 passed on applications filed under Order XIV Rule 8 of the Original Side Rules read with the provisions of the Code to produce additional documents, to reopen the plaintiff's evidence, to recall PW-1 and to extend the time for completion of trial in the suit. The plaintiff is the appellant herein upon the applications being rejected.

2. The suit has been recognised to be a commercial suit. In accordance with the provisions of the Commercial Courts Act, 2015, pending suits which were commercial in nature were required to be transferred to the Commercial Division of the High Court. Thus, this suit of the year 2010 stood transferred to the Commercial Division after the Act of 2015 came into effect, though the suit was initially instituted on the original side and before the Commercial Division was established in this Court.

3. Since there is no dispute that the suit is a commercial suit, Section 13 of the Act of 2015 will govern the appeals arising out of any judgment or order passed in such suit. Though Section 13 (1A) permits any person

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