{"id":311987,"date":"2024-01-23T10:00:11","date_gmt":"2024-01-23T04:30:11","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=311987"},"modified":"2024-01-30T09:35:27","modified_gmt":"2024-01-30T04:05:27","slug":"cal-hc-establishes-appeals-maintainability-under-order-431a-read-with-section-104-of-cpc-scc-blog","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/01\/23\/cal-hc-establishes-appeals-maintainability-under-order-431a-read-with-section-104-of-cpc-scc-blog\/","title":{"rendered":"Calcutta High Court establishes appeal\u2019s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction"},"content":{"rendered":"
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Calcutta High Court:<\/span> While deciding an appeal involving the order of transfer made by a Civil Court to the Commercial Court in a district, a division bench comprising of Biswaroop Chowdhury and I.P. Mukerji,*<\/span> JJ., held that when a civil court, under Section 15 of the Commercial Courts Act, 2015<\/a>, decides on the transfer, the court functions as an ordinary civil court, not a commercial court under the Act. The Court asserted its jurisdiction to entertain the appeal but referred the same to the appropriate bench having jurisdiction over appeals from orders passed by a regular court of civil jurisdiction.<\/p>\n

Brief Facts<\/p>\n

The instant matter involves an appeal concerning an order of transfer made by a Civil Court to the Commercial Court within a district. The appellant contended that the impugned order falls under Rule 10 of Order VII<\/a> of the Civil Procedure Code, 1908<\/a> (CPC) and is appealable under Order XLIII Rule (1)(a) read with Section 104<\/a> of the CPC<\/a>. The respondent argued that orders of transfer are not appealable under Sections 13<\/a> or 15<\/a> of the Commercial Courts Act, 2015<\/a>. It was contended that only if the transfer is refused can an application be made under Section 15(5) to the High Court.<\/p>\n

Moot Point<\/p>\n

    \n
  1. \n

    Whether an order of transfer made by a civil court under Section 15 of the Commercial Courts Act, 2015<\/a> is appealable under Section 13 or 15 of the Act?<\/p>\n<\/li>\n

  2. \n

    Whether Order XLIII Rule (1)(a) read with Section 104<\/a> of the CPC<\/a> is applicable to such orders?<\/p>\n<\/li>\n<\/ol>\n

    Law Point<\/p>\n