Commercial Courts Act, 2015
Section 13(1A) read with Section 100 & Order 47 Rule 1 of the Code of Civil Procedure—Second appeal—Maintainability—Question as to whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court—Legislature, in its wisdom, introduced a non-obstante clause in sub-section (2) of Section 13 of the Commercial Courts Act, limiting right of appeals subject to provisions of the Commercial Courts Act and no appeal shall lie from any order or decree of a Commercial Division or Commercial Court, otherwise than in accordance with the provisions of the Commercial Courts Act—If so, Commercial Courts Act does not provide second appeal—Present second appeal filed, challenging the decree and judgment of the Commercial Appellate Court, is not maintainable and the same deserves dismissal—Miscellaneous second appeal stands dismissed as not maintainable.
[Paras 14 & 15]
Decision : Second appeal dismissed