ATANU BHATTACHARJEE Vs. CORPORATION BANK

JUDGEMENT

(1.) The instant regular first appeal under Sec. 13 (1-A) of the Commercial Courts Act, 2015 (hereinafter 'the Act') read with Order XLIII Rule 1-A read with Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter 'CPC') has been filed on behalf of the appellant seeking the following reliefs:

(2.) The facts leading to filing of the instant appeal are as follows:

(3.) Learned counsel appearing on behalf of the appellant submitted that the Act does not envisage an oral application for a summary judgment, rather, the power under Order XIII-A, Rule 3 of the CPC can only be exercised upon a written application.