Maintainability of Order IX Rule 7 in commercial suits confirmed where the challenged order is not appealable under Order XLIII CPC.

In a commercial suit, a petition under Order IX Rule 7 CPC to set aside an ex parte order remained maintainable because the impugned order was not one of the orders specifically made appealable under Order XLIII CPC. The Commercial Courts Act permits appeals only from orders enumerated in Order XLIII CPC and from orders covered by section 37 of the Arbitration and Conciliation Act, so the objection that an appeal alone lay was unsustainable. The returned endorsement rejecting presentation was therefore set aside, and the matter was restored to the trial court for consideration on merits.

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Issues: Whether a petition under Order IX Rule 7 of the Code of Civil Procedure, 1908 to set aside an ex parte order in a commercial suit is maintainable, and whether the returned endorsement rejecting its presentation was sustainable.

Analysis: Section 13(1-A) of the Commercial Courts Act, 2015 permits appeals only from orders specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 and from the orders covered by section 37 of the Arbitration and Conciliation Act, 1996. The order sought to be challenged did not fall within the appealable orders listed under Order XLIII. The commercial statute also did not exclude the application of Order IX Rule 7 in a commercial suit. On that footing, the objection that only an appeal could lie was unsustainable.

Conclusion: The petition under Order IX Rule 7 was maintainable and the return order was liable to be set aside.

Final Conclusion: The matter was restored for consideration on merits before the trial court.

Ratio Decidendi: In a commercial suit, where the order complained of is not one specifically made appealable under Order XLIII of the Code of Civil Procedure, 1908, the remedy under Order IX Rule 7 remains available and cannot be rejected on the ground that only an appeal lies.

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