AARUR TAMILNADAN Vs. S. SHANKAR AMND

JUDGEMENT

(1.) This is complete waste of time as the appeals are not maintainable. The appeals arise out of an order dated March 3, 2021 passed on applications filed under Order XIV Rule 8 of the Original Side Rules read with the provisions of the Code to produce additional documents, to reopen the plaintiff's evidence, to recall PW-1 and to extend the time for completion of trial in the suit. The plaintiff is the appellant herein upon the applications being rejected.

(2.) The suit has been recognised to be a commercial suit. In accordance with the provisions of the Commercial Courts Act, 2015, pending suits which were commercial in nature were required to be transferred to the Commercial Division of the High Court. Thus, this suit of the year 2010 stood transferred to the Commercial Division after the Act of 2015 came into effect, though the suit was initially instituted on the original side and before the Commercial Division was established in this Court.

(3.) Since there is no dispute that the suit is a commercial suit, Section 13 of the Act of 2015 will govern the appeals arising out of any judgment or order passed in such suit. Though Section 13 (1A) permits any person aggrieved by a judgment or order of the Commercial Division of the High Court to prefer an appeal before the Commercial Appellate Division of that High Court, the proviso to such sub-section limits the scope of the appeal and confines the appeals to such matters and nature of orders as are "specifically enumerated under Order XLIII of the Code..". To boot, Section 13 (2) of the Act mandates as follows: