Bombay High Court Clarifies: Trial Court’s Decision on Refusing to Return or Reject a Plaint is Not Subject to Appeal under the Commercial Courts Act
Case: Bank of India v. Maruti Civil Works
Coram: Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor
Case No.: Appeal From Order No. 362 of 2021
Court Observation: “Sub Section 1A of Section 13 provides that a person aggrieved by a judgment or order can file an appeal, however, the said provision is to be read in conjunction with the proviso which specifically states that an appeal shall lie only from orders which are specifically enumerated under Order XLIII of the CPC…the order under challenge in this appeal has been passed by the learned trial court rejecting the Application moved by the Defendants under Order VII Rule 10 and Rule 11(d) of the CPC. Such an order is not enumerated in Order XLIII of the CPC”
“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)”
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Keywords
Bombay High Court Clarifies, Commercial Courts Act
