Commercial appeal rights are confined to statutory limits; unenumerated interlocutory orders are not appealable.

The statutory appeal scheme for commercial disputes was treated as self-contained, and the right of appeal under Section 13 of the Commercial Courts Act was held to be purely statutory. The term "judgment" in Section 13(1) was read as referring to a decree, while the proviso limited appeals against orders to those specifically covered by Order XLIII CPC and Section 37 of the Arbitration and Conciliation Act. The Act's overriding effect excluded recourse to the Delhi High Court Act, 1966 to enlarge appellate rights where Section 13 did not itself provide an appeal. The result was that the interlocutory order was not appealable.

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Issues: Whether an appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 lay against an interlocutory order of the Commercial Division which was not specifically enumerated in Order XLIII of the Code of Civil Procedure, 1908, and whether the intra-court appeal provisions under the Delhi High Court Act, 1966 could be invoked.

Analysis: The statutory scheme was read as creating a self-contained regime for commercial disputes of specified value. The right of appeal was treated as wholly statutory, with Section 13 providing both the forum and the limitation period. The definitions of decree, judgment and order in the Code of Civil Procedure, 1908 were applied, and the expression "judgment" in Section 13(1) was held to refer to a decree rather than to a wider Letters Patent sense. The proviso to Section 13(1) was construed as restricting appealable orders to those specifically enumerated in Order XLIII of the Code of Civil Procedure, 1908 and Section 37 of the Arbitration and Conciliation Act, 1996. Section 13(2), read with the overriding effect of the Act, excluded recourse to the Delhi High Court Act, 1966 where the Act itself did not provide an appeal.

Conclusion: The appeal was held not maintainable because the impugned order was not an appealable order under Order XLIII of the Code of Civil Procedure, 1908 and the Delhi High Court Act, 1966 could not be invoked to enlarge that right.

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