1. 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 S.13 of the Commercial Courts Act, 2015. S.13(1A) of the Act provides as follows:
"13. Appeals from decrees of Commercial Courts and Commercial Divisions.
(1)  xxxx xxxx xxxx
(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 pas