Madras High Court
Aarur Tamilnadan vs S.Shankar on 8 July, 2021
O.S.A.Nos.15 to 18 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.S.A.Nos.15 to 18 of 2021
and C.M.P.No.9987 of 2021
Aarur Tamilnadan ... Appellant in
all O.S.As.
-vs-
1.S.Shankar
2.Kalanithi Maran
3.M/s.Sun Pictures Pvt. Ltd.
Rep. by all its Directors. ... Respondents in
all O.S.As.
Appeals filed under Order XXXVI of O.S. Rules read with Clause
15 of the Letters Patent read with Section 13 (1) of the Commercial
Court, Commercial Division and Commercial Appellate Division of High
Court Act 4 of 2015, against the Fair and Decretal Order of this Court
dated 03.03.2021 passed in Application Nos.1735, 1737, 1736 and
2319 of 2020 in C.S.No.914 of 2010 on the file of original side of this
Court.
For Appellant : Mr.T.T.Ravichandran
for Mr.P.T.Perumal
For Respondent : Mr.D.Sai Kumaran
for R-1 on caveat.
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https://www.mhc.tn.gov.in/judis/
O.S.A.Nos.15 to 18 of 2021
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
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.
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O.S.A.Nos.15 to 18 of 2021
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:
"(2) Notwithstanding anything contained in any other
law for the time being in force or Letters Patent of a High
Court, no appeal shall lie from any order or decree of a
Commercial Division or Commercial Court otherwise than
in accordance with the provisions of this Act."
Thus, the body of the jurisprudence that had developed as regards
appellability under Clause 15 of the Letters Patent becomes redundant
in commercial suits. The effect of Section 13 (2) of the Act is that
appeals previously provided in respect of orders in suits filed on the
Original Side of this Court would no longer be maintainable since
Clause 15 of the Letters Patent would not apply if the suit was a
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O.S.A.Nos.15 to 18 of 2021
commercial suit and only Order XLIII of the Code would be applicable.
4. Since the nature of the application in the present case is not
one which is enumerated in Order XLIII of the Code as being
appellable, the present appeal in the commercial suit is not
maintainable under Section 13 of the Act of 2015 which has to be seen
as the only repository of judgments and orders against which appeals
may be carried, since the right to prefer an appeal under the Letters
Patent has been done away with in the provision.
5. Accordingly, O.S.A.Nos.15 to 18 of 2021 stand dismissed
without going into the merits thereof since the appeals are not
maintainable. There will be no order as to costs. Consequently,
C.M.P.No.9987 of 2021 are closed.
(S.B., CJ.) (S.K.R., J.)
08.07.2021
Index : no
sra
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O.S.A.Nos.15 to 18 of 2021
To
The Sub Assistant Registrar
Original Side, High Court, Chennai.
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https://www.mhc.tn.gov.in/judis/
O.S.A.Nos.15 to 18 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sra)
O.S.A.Nos.15 to 18 of 2021
08.07.2021
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