Appeal maintainability under the Commercial Courts Act is confined to enumerated orders; rejection under Order VII Rule 10 or 11(d) is not appealable.

An appeal under Section 13(1A) of the Commercial Courts Act is confined by the proviso to orders specifically made appealable under Order XLIII CPC or Section 37 of the Arbitration and Conciliation Act. An order rejecting an application under Order VII Rule 10 or Order VII Rule 11(d) CPC is not among those enumerated orders, so no statutory appeal lies against it. The court reiterated that the right of appeal is a creature of statute and cannot be enlarged by interpretation. The appeal was therefore held not maintainable and liable to be dismissed.

---

---

Issues: Whether an appeal under Section 13(1A) of the Commercial Courts Act, 2015 lies against an order rejecting an application under Order VII Rule 10 and Order VII Rule 11(d) of the Code of Civil Procedure, 1908.

Analysis: The appeal right under Section 13(1A) is controlled by the proviso, which restricts appeals from 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. An order rejecting an application under Order VII Rule 10 or Order VII Rule 11(d) is not included in Order XLIII. The Court distinguished the authorities relied upon by the appellants and followed the principle that a statutory right of appeal must be clearly conferred and cannot be expanded by interpretation.

Conclusion: The appeal was not maintainable and was liable to be dismissed.

Ratio Decidendi: Under Section 13(1A) of the Commercial Courts Act, 2015, an appeal lies only from orders specifically enumerated in Order XLIII of the Code of Civil Procedure, 1908 or Section 37 of the Arbitration and Conciliation Act, 1996, and an order rejecting an application under Order VII Rule 10 or Order VII Rule 11(d) is not appealable.

---