Appeals from Commercial Court District Judge level exercising original jurisdiction to be heard by Division Bench: Delhi High Court

The Delhi High Court has ruled that the appeals against orders passed by a Commercial Court at the level of District Judge exercising original jurisdiction are to be heard by a Division Bench of the Court in terms of Section 13 (1A) of the Commercial Courts Act, 2015. (Delhi Tourism & Transportation Development Corporation vs Swadeshi Civil Infrastructure).A Single Judge Bench of Justice Sanjeev Sachdeva has accordingly directed, ."Registry is directed to register all appeals filed under Section 13(1A) of the Commercial Courts Act, 2015, 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 as “FAO(Comm)”. Said appeals be listed before the Commercial Appellate Division Benches as per the notified Roster.".The order was passed by the Court while dealing with the legal issue as to whether such appeals are to heard by a Single Judge or a Division Judge Bench. .The Court noted that in terms of Section 13(1A), appeal from a judgment or order of a Commercial Court at the level of the District Judge or an Additional District Judge exercising original jurisdiction would lie to the Commercial Appellate Division of the High Court..Perusing the legislative scheme of the Commercial Courts Act, the Court observed that it was clear that a specific forum i.e. Commercial Appellate Division had been stipulated under Section 13(1A) to decide appeals against judgments and orders by either the Commercial Court at the level of District Judges or the Commercial Division of the High Court comprising of a Single Judge of the High Court..It added that in terms of Section 5, there was a mandate that the Commercial Appellate Division shall be constituted of one or more Division Bench in contradiction to the Commercial Division of the High Court which would comprise of a Single Judge of the High Court..Since the High Court had already notified designated Division Benches of this Court as the Commercial Appellate Division under Section 5, the Court concluded, ."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.".Noting that the appeals from orders passed by the Commercial Division of the High Court were getting listed before the Commercial Appellate Division whereas the appeals from District Judge were being sent to Single Judge, the Court ordered the High Court Registry to mark all appeals filed under Section 13(1A) of the Commercial Courts Act, 2015, arising out of orders or judgments passed by a Commercial Court at the level of District Judge to the Commerical Appellate Division. .Senior Advocate Rajiv Virmani appeared as the Amicus Curiae with Advocate Ankit Virmani..Read the Order: