HINDUSTAN UNILEVER LIMITED Vs. S.SHANTHI PROPRIETRIX

JUDGEMENT

(1.) The extent to which appeals are permitted in respect of matters covered by the Commercial Courts Act, 2015 (hereinafter referred to as "the said Act") falls for a comprehensive consideration.

(2.) There are, in all, 13 appeals which are taken up together since the issue of appellability is involved in all or most of them. At the outset, it is necessary that the nature of the orders be seen so that it may be assessed whether an intra-court appeal lies therefrom under Sec. 13(1A) of the said Act.

(3.) OSA No.230 of 2019 is a proposed appeal against the dismissal of an application seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"). It is submitted by the appellant that the relevant suit was filed before the Commercial Division in this High Court came to be established and, upon the Commercial Division being established, the suit was transferred from the ordinary Original Side to the Commercial Division in accordance with the said Act.