Delhi Tourism and Transportation Development Corporation Vs Swadeshi Civil Infrastructure Pvt. Ltd.

====================
27.01.2021
FAO (Comm) 232/2020
Delhi High Court
Sanjeev Sachdeva, H.J.
Delhi Tourism and Transportation Development Corporation Vs Swadeshi Civil Infrastructure Pvt. Ltd.

The Appeal was listed before the Hon'ble Division with the following issue.

"whether, in terms of Section 13 (1A) of the Commercial Courts Act, 2015 (hereinafter referred to as the Act), appeals arising out of orders or judgments passed by a Commercial Court at the level of District Judge exercising Original Civil jurisdiction are to be heard by a Single Judge of this Court or should be placed before the Division Bench of this Court."

The Division Bench answered this issue as under:

"In terms of Section 13(1A) of the Act, appeals arising out of orders or judgments passed by a Commercial Court at the level of District Judge (including Additional District Judge) exercising Original Civil jurisdiction are to be listed before the Commercial Appellate Division Bench of this Court, which are the designated Division Benches and not a single judge."

This it is apparent that Appeal against order of District Judge under Order 13-A of the Commercial Court Act 2015, has to be filed before the Division Bench , High Court of Delhi, and not before the Hon'ble Single Judge.

Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539