Court No. - 59
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1091 of 2019 Appellant :- Naresh Kumar Arora Respondent :- Rajeev Arora And 2 Others Counsel for Appellant :- Rashi Misra,Manas Bhargava Counsel for Respondent :- Divakar Rai Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manas Bhargava alongwith Ms Rashi Misra, learned counsel for the appellant and Sri Divakar Rai Sharma, learned counsel for the respondent.
2. The present appeal has been filed under Section 13(1- A) of the Commercial Courts Act, 2015 (hereinafter referred to as the 'Act') against an interlocutory order passed by the Commercial Court (before the Presiding Officer).
3. Precisely, the grievance of the plaintiff-appellant is that the respondent-defendant no.1 has made admission/denial of documents (produced by the plaintiff/appellant), both on its own behalf as also on behalf of the defendant-respondent nos.2 and 3. That action of the defendant-respondent no.1 is claimed to be contrary to Order 11 Rule 4 CPC as amended by the Act.
4. At the outset, a preliminary objection has been raised that the present appeal is not maintainable as the aforesaid order has not been made appellable under Order XLIII of the CPC.
5. Responding to the preliminary objection thus raised, learned counsel for the appellant submits, though it is true that the order passed under Order 11 Rule 4 is not made appellable under Order XLIII of the CPC as amended by the Act, however, the order passed by the learned court below is grossly erroneous, being wholly contrary to the provision of Order 11 Rule 4 as amended by the Act. Further, it has been submitted that by virtue of the bar created under Section 8 of the Act, neither a revision nor any other petition may be filed against such order. Hence, unless the present appeal is maintained, the appellant would be rendered remedy less and gross injustice may arise.
6. Having heard learned counsel for the parties and having perused the record, once it is admitted that the order under challenge is not appellable under Order XLIII of the CPC as applicable to the proceeding under the Act and no amendment has been made under the Act to make the impugned order appellable, the preliminary objection must be sustained.
7. It is almost a self stated truth that appeal is a creature of statute. Unless a statutory provision is shown to exist providing for an appeal, no party may maintain any appeal merely because it may claim injustice or error in the order sought to be appealed against.
8. Thus, the submission advanced by learned counsel for the appellant cannot be accepted. The appeal is found to be not maintainable. It is accordingly dismissed, leaving it open to the appellant to pursue such remedies before such forum and at such stage as may otherwise be permissible.
Order Date :- 27.9.2019 S.Chaurasia