.. 1 ..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

1107 WRIT PETITION NO.9106 OF 2021

Jeevan Vinayak Jahagirdar

.. Petitioner

Versus

The Director,

Directorate of Marketing and Others

.. Respondents

…

Advocate for Petitioner : Mr. Chetan T. Jadhav

AGP for Respondent Nos.1 and 2 : Mr. P.K. Lakhotiya

Advocate for Respondent No.3 : Mr. S.G. Chapalgaonkar

...

CORAM

: S. V. GANGAPURWALA AND

S. G. DIGE, JJ.

DATE

: 16-12-2021

PER COURT :

1.

Heard Mr. Jadhav, learned Advocate for the petitioner and

Mr. Chapalgaonkar, learned Advocate for respondent no.3.

2.

It appears that the interlocutory orders are being litigated

between the parties by filing the writ petition and other proceedings.

Section 8 of the Commercial Courts Act provides that the civil

revision application or the petition shall not be entertained against

interlocutory orders of a Commercial Court including an order on the

issue of the jurisdiction, and any such challenge, subject to the

provisions of Section 13, shall be raised only in an appeal against the

Gajanan

.. 2 ..

decree of the Commercial Court. Section 13 of the Commercial

Courts Act provides for appeals from decrees of Commercial Courts

and Commercial Divisions. Apart from an appeal against the decree

in the commercial suit, the remedy is provided for appeal against the

orders that an appealable under order 43 of the Code of Civil

Procedure.

3.

In light of that, at this stage it would not be appropriate to

entertain the writ petition. The writ petition is disposed of. No costs.

4.

The petitioner may subsequently avail the remedy as is

provided under the Commercial Courts Act.

( S. G. DIGE )

( S. V. GANGAPURWALA )

JUDGE

JUDGE

...

Gajanan