From The Ghost of Khimji to The Flaws of Kandla: Deciphering Section 13 of The Commercial Courts Act
Abstract
The Code of Civil Procedure, 1908 provides for a wide range of situations in which first appeals can be preferred against judgments and/or orders of an ordinary civil court. Section 13 of the Commercial Courts Act, 2015 consciously departs from this to improve efficiency and only permits a narrow range of first appeals in commercial decisions, including arbitration matters. While the legislative intent was laudable, its imprecise wording has given rise to conflicting interpretations in various judgments. This essay argues that in particular, it remains unclear whether interlocutory orders are appealable and whether appeals under s.50 of the Arbitration and Conciliation Act, 1996 are permissible under Section 13. In arguing for the exclusion of both these categories, it makes the case for a restrictive interpretation that furthers the aim of speedy disposal of commercial disputes.
Recommended Citation
Sood, Mansi
(2021)
"From The Ghost of Khimji to The Flaws of Kandla: Deciphering Section 13 of The Commercial Courts Act,"
National Law School of India Review: Vol. 33:
Iss.
1, Article 6.
Available at:
https://repository.nls.ac.in/nlsir/vol33/iss1/6
