2024 (9) TMI 1015

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.... filed to issue a direction for numbering and taking on file of the petition in IA SR No.14260/2023 filed by the petitioners/defendants for setting aside the exparte order, under Order IX Rule 7 of CPC, pending on the file the Principle District Court (Commercial Court) at Chengalpattu and with further direction to dispose the same on merits, in accordance with law. 2. The petitioners herein ar....

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.... 4. Admittedly, the petitioners were set exparte on 11.08.2023 and to set aside the exparte order, they filed a petition under Order IX Rule 7 of CPC. However, it was returned on 17.12.2023, stating that how this petition is maintainable under Order IX Rule 7 of CPC in commercial Act and only appeal can lie. 5. It is argued by the learned counsel for the petitioners that, Section 13 of Commerci....

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.... which runs as follows. 13. Appeals from decrees of Commercial Courts and Commercial Divisions.-(1) 1[Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. (1A) Any person aggrieved by the judgment or order of a Commercial Court a....

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....erwise than in accordance with the provisions of this Act. Further, Section 43 of CPC is extracted as under. Section 43. Execution of decrees passed by Civil Courts in places to which this code does not extend. Any decree passed by civil court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the au....