GOURAV PAWAR Vs. PAWAR EXCLUSIVE

JUDGEMENT

(1.) The present petition is filed under Article 227 of the Constitution of India challenging the order dtd. 23/2/2026 passed by Commercial Court (District Judge Level), Indore (M.P.), whereby the application filed by the petitioner under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908 for rejection of the plaint has been dismissed; and the objections raised by the petitioner regarding illegal filing of additional documents have also been dismissed/rejected.

(2.) Learned counsel for the respondent raises a preliminary objection that the petition under Article 227 of the Constitution of India is not maintainable in view of the provisons of Sec. 8 and 13 of the Commercial Courts Act, 2015.

(3.) He argued that in view of the provisons of sec. 13(1)(A), the remedy for any person aggrieved by a judgment or order of a Commercial Court at the level of District Judge exercising original jurisdiction, is to file an appeal before the Commercial Appeal Division of the High Court, however, he further argued that as per proviso to sec. 13(1)(A), the appeal lies only against the order passed by the Commercial Court which are specifically enumerated under Order 43 of the CPC and sec. 37 of the Arbitration and Conciliation Act. The impugned order rejecting the application under Order 7 Rule 11 of the CPC is neither an order enumerated under Order 43 of the CPC and nor an order under sec. 37 of the Arbitration and Conciliation Act. Hence, no remedy of appeal is available to the petitioner under sec. 13(1)(A) of the Commercial Court Act, 2015.