2025 (11) TMI 767

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....rder dated 17th February, 2025, passed by the High Court of Judicature at Bombay [Hereinafter, referred to as the "High Court".] in Commercial First Appeal No. 8 of 2023, arising out of Commercial Suit No. 06 of 2021, whereby the High Court disposed of the appeal preferred by MITC Rolling Mills Pvt. Ltd. ["appellant-company"], through its authorized officer Shri Dinkar Trimbak Kajale, as a non-suit simpliciter, holding the same to be non-maintainable under Section 13(1A) of the Commercial Courts Act, 2015 ['CCA, 2015'.]. 4. The facts relevant and essential for the adjudication of the present appeal are mentioned hereinbelow. 5. The appellant-company instituted Commercial Suit No. 06 of 2021 before the Court of District Judge, Nashik [....

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....dismiss the appeal as not maintainable, holding that an order rejecting the plaint does not fall within the ambit of Order XLIII of CPC, and therefore, such a challenge could not be maintained under Section 13(1A) of the CCA, 2015, read with the proviso appended thereto. The order passed by the High Court is under challenge in the present proceedings by way of special leave. 8. To buttress the contention questioning the legality of the impugned order, Shri Jay Savla, learned senior counsel representing the appellant-company, referred to Section 2(2) of the CPC, which reads as below: - "(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights ....

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....7, which a three-Judge Bench of this Court has affirmed vide order [Bank of India & Ors v. M/s Maruti Civil Works, SLP(C) 6039 of 2024.] dated 15th March, 2024. Thus, the High Court was wholly justified in rejecting the appeal preferred by the appellant-company. 11. He, therefore, urged that the appeal deserves to be dismissed as the impugned judgment is in consonance with the settled legal position and does not warrant any interference by this Court in exercise of jurisdiction under Article 136 of the Constitution of India. 12. We have given our thoughtful consideration to the submissions advanced at the bar and have gone through the impugned judgment and the material placed on record. We have also carefully perused the precedent(s) ....

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....el of a District Judge exercising original civil jurisdiction or, as the case may be, the Commercial Division of a High Court would ordinarily be appealable before the High Court under Section 13(1A) of the CCA, 2015, read with the applicable provisions of the CPC. 16. At this stage, it would be apposite to take note of Section 13(1A) of the CCA, 2015, which reads as under : "13. Appeals from decrees of Commercial Courts and Commercial Divisions - (1) xx (1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that Hi....

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....f the view that the same is clearly distinguishable, and the ratio thereof has no applicability to the present situation because, in the said case, the order under challenge was one rejecting the application moved under Order VII Rule 10 or under Order VII Rule 11(d) of the CPC. Paragraph No. 17, relied upon by the respondents for canvassing their submission, reads as under : "17. 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 occurrences of the expression "shall" and ....