HIGH COURT OF MADHYA PRADESH
Gourav Pawar – Appellant
Versus
Pawar Exclusive – Respondent
MP No. 1339 of 2026
| Table of Content |
|---|
| 1. nature of the petition challenging order under order vii rule 11 cpc. (Para 1) |
| 2. parties' contentions regarding the bar on revision and appeal under the commercial courts act. (Para 2 , 3 , 4 , 5) |
| 3. statutory bar under section 8 of the commercial courts act precludes revision against interlocutory orders. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. high court's supervisory jurisdiction under article 227 remains available to prevent injustice where no other statutory remedy exists. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. procedural direction for further consideration of the matter. (Para 20) |
The present petition is filed under Article 227 of the Constitution of India challenging the order dated 23.02.2026 passed by Commercial Court (District Judge Level), Indore (M.P.), whereby the application filed by the petitioner under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 for rejection of the plaint has been dismissed; and the objections raised by the petitioner regarding illegal filing of additional documents have also been dismissed/rejected.
2. Learned counsel for the respondent raises a preliminary objection that the petition under Article 227 of the Constitution of India is not maintainable in view of the provisons of sections 8 and 13 of the Commercial Courts Act, 2015.
Section 13 reads as under :-
"13. Appeals from decrees of Commercial Courts and Commercial Divisions.—(1) 1 [Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order.
(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 passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).]
(2) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisons of this Act."
Section 8 reads as under :-
"8. Bar against revision application or petition against an interlocutory order. —Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisons of section 13, shall be raised only in an appeal against the decree of the Commercial Court.
3. He argued that in view of the provisons of section 13(1)(A), the remedy for any person aggrieved by a judgment or order of a Commercial Court at the level of District Judge exercising original jurisdiction, is to file an appeal before the Commercial Appeal Division of the High Court, however, he further argued that as per proviso to section 13(1)(A), the appeal lies only against the order passed by the Commercial Court which are specifically enumerated under Order 43 of the CPC and section 37 of the Arbitration and Conciliation Act. The impugned order rejecting the application under Order 7 Rule 11 of the CPC is neither an order enumerated under Order 43 of the CPC and nor an order under section 37 of the Arbitration and Conciliation Act. Hence, no remedy of appeal is available to the petitioner under section 13(1)(A) of the Commercial Court Act, 2015.
4. Learned counsel for the respondent vehemently argued tha
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