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P. NAVEEN RAO, NAGESH BHEEMAPAKA
Vijayendra Bajpai, S/o. S. S. Bajpai – Appellant
Versus
Ajay Tiwari S/o. N. P. Tiwari – Respondent
JUDGMENT :
P.Naveen Rao, J.
This appeal is preferred challenging the order dated 17.10.2022 passed in I.A.No.84 of 2022 in COS No.31 of 2019 by the Special Judge for Trial and Disposal of Commercial Disputes, Ranga Reddy District at L.B.Nagar. By this order, the learned trial Judge dismissed I.A.No.84 of 2022 filed under Order VII Rule 11 of Code of Civil Procedure.
2. When the appeal was preferred the registry raised objection on maintainability of the appeal.
3. Learned counsel appearing for the appellant submitted reply by placing reliance on Sections 13 and 8 of the Commercial Courts Act, 2015 (for short the ‘Act, 2015’). Not satisfied with the explanation offered, the matter was placed before this Court.
4. This Court having prima-facie looked into the provisions in Section 8 and 13 of the Act, 2015, over-ruled the office objection by reserving right to the respondent to raise objection on maintainability of the appeal.
5. The respondent filed counter affidavit and learned counsel for the respondent raised preliminary objection on the maintainability of appeal.
6. According to learned Counsel Smt Manjari S. Ganu, in view of the provisions contained in Section 13 read with Section 8 o
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