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V. SIVAGNANAM
Axis Global Automation – Appellant
Versus
Tonglit Autogistic Private Limited, rep. by its Legal Officer and authorised Signatory Mrs. O. Bindu Madhavi – Respondent
ORDER :
(V. Sivagnanam, J.)
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to issue a direction for numbering and taking on file of the petition in IA SR No.14260/2023 filed by the petitioners/defendants for setting aside the exparte order, under Order IX Rule 7 of CPC, pending on the file the Principle District Court (Commercial Court) at Chengalpattu and with further direction to dispose the same on merits, in accordance with law.)
This Civil Revision Petition has been filed to issue a direction for numbering and taking on file of the petition in IA SR No.14260/2023 filed by the petitioners/defendants for setting aside the exparte order, under Order IX Rule 7 of CPC, pending on the file the Principle District Court (Commercial Court) at Chengalpattu and with further direction to dispose the same on merits, in accordance with law.
2. The petitioners herein are the defendants and the respondent herein is the plaintiff in the commercial suit in COS No.156/2022, which was filed for recovery of money and damages. In that suit, the petitioners/defendants were set exparte on 11.08.2022 and the case was posted to 18.09.2023. Hence, the petitioners have fil
The Commercial Courts Act does not preclude the applicability of Order IX Rule 7 of CPC, allowing defendants to set aside exparte orders.
A Civil Revision Petition is maintainable against a final order of the Commercial Appellate Authority under Section 115 of CPC, despite the bars on appeals and revisions in the Commercial Courts Act.
Appeals under the Commercial Courts Act relate only to specified orders, excluding non-commercial suits and those not meeting criteria for appeal.
An application under Order IX Rule 7 of the Code of Civil Procedure is not maintainable once the hearing is completed and the matter is posted for judgment.
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.
The nature of a suit cannot change based on the judge before whom it is listed.
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