(1.) This Commercial Appeal under Sec. 13(1) of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act') has been filed against an order passed on an execution petition filed by the decree holder.
(2.) Sec. 13 of the Act reads as under:
(3.) Thus, it is evident that the appeal lies against an order only if the same is appealable under Order XLIII of the Code of Civil Procedure, 1908. The impugned order dtd. 13/6/2023 passed in the execution proceeding is not an order appealable Order XLIII of the Code of Civil Procedure. Therefore, this commercial appeal is not maintainable.