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DEVENDRA KUMAR UPADHYAYA, ARIF S. DOCTOR
Bank of India – Appellant
Versus
Maruti Civil Works – Respondent
JUDGMENT
Devendra Kumar Upadhyaya, J.—For the sake of clarity, the Plaintiff and the Defendants in the suit shall be referred to as per their original nomenclature i.e. Appellants herein as the Defendants and the Respondent herein as the Plaintiff.
2. Heard Mr. O. A. Das, learned Counsel representing the Defendants and Mr. Kishor P. Vig learned Counsel representing the Plaintiff.
3. This Appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 (hereinafter referred to as the Act of 2015) seeks to challenge the order dated 2nd December 2020 passed by the District Judge – 2, Thane whereby the application moved by the Appellants – Defendants under Order VII Rule 10 and Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code”) read with Section 19(6) to (10) of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the “Recovery Act, 1993) has been rejected.
4. The facts of the case which can be culled out from the pleadings available on record and the submissions made by the learned counsel for the respective parties are that the Plaintiff – Respondents instituted Commercial Suit No.6 of 2019 against the Appellants-Defendan
Appeal under Section 13(1A) of Act of 2015 would lie only against Judgment and Orders which are enumerated or enlisted under Order XLIII of CPC.
The proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
Appeals against non-enumerated orders under the Commercial Courts Act are not maintainable, reinforcing adherence to Supreme Court precedent and emphasizing efficient judicial processes in commercial....
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
Appeals against dismissal of execution applications under the Commercial Courts Act must conform to specified orders in Order XLIII CPC and Section 37 of the Arbitration Act, emphasizing the limits o....
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