Light Leathers Pvt.Ltd v. D.Sangupathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Civil Revision Petition No.2278 of 2026 and C.M.P.No.9884 of 2026 M/s.Light Leathers Pvt. Ltd.
Represented by its Directors Raja Mohammed Peer Mohammed, No.24, 1st Cross Street, New Colony, Thiruneermalai Road, Nagalkeni, Chrompet, Chennai - 600 044.
..Petitioner Vs
1. D.Sangupathy W/o.R.P.Daarmalingam
2. M.Manickam ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India seeking to set aside the order dated 07.04.2026 passed in I.A.No.8 of 2026 in COS.No.1690 of 2022 on the file of Additional Commercial Court, Egmore, Chennai.
For Petitioner :
Mr.U.Venkatesh For Respondents :
Mr.T.M.Pappiah *****
ORDER
This civil revision petition has been filed challenging the impugned order dated 07.04.2026 passed by the Additional Commercial Court, Egmore, Chennai, in I.A.No.8 of 2026 in COS No.1690 of 2022.
2. In the aforesaid order, the application filed by the first respondent/plaintiff seeking to eschew her evidence and permit Mr.Nagarajan Muthaiah, her son-in-law, to depose on behalf of the plaintiff has been allowed. The petitioner, who is the first defendant in the suit in COS No.1690 of 2022, is aggrieved by the impugned order and has filed this civil revision petition under Article 227 of the Constitution of India.
3. According to the petitioner, the son-in-law of the plaintiff cannot depose as a witness on behalf of the plaintiff as per law. The contention of the petitioner has been rejected by the Additional Commercial Court, Egmore, Chennai, in the impugned order.
4. Admittedly, the suit filed by the plaintiff against the petitioner/first defendant is a commercial suit. Section 8 of the Commercial Courts Act prohibits a party from filing a revision petition if aggrieved by any order of this nature before any Court. However, learned counsel for the petitioner would
submit that this revision has been filed under Article 227 of the Constitution of India before this Court and therefore, there is no restriction for this Court to exercise its jurisdiction. The High Court, under Article 227 of the Constitution of India, will exercise jurisdiction only in rare and exceptional cases. The Commercial Courts Act has been legislated for the purpose of speedy disposal of commercial suits/disputes. The grounds raised by the petitioner before this Court that the son-in-law of the plaintiff cannot depose on behalf of the plaintiff can very well be raised in the main suit when the main suit is taken up for final disposal by the Commercial Court. Therefore, the question of interfering with the impugned order through this civil revision petition filed under Article 227 of the Constitution of India does not arise.
5. In view of the interim stay granted earlier by this Court in this civil revision petition, the commercial suit is still kept pending before the Additional Commercial Court, Egmore, Chennai. The object of the Commercial Courts Act will get defeated if such kind of revision petition is entertained by this Court even if it is filed under Article 227 of the Constitution of India. For the foregoing reasons, this Court is not entertaining the civil revision petition filed under Article 227 of the Constitution of India. Accordingly, this Civil Revision Petition is dismissed. However, liberty is granted to the petitioner to raise all objections with regard to the authority of the
ABDUL QUDDHOSE, J.
gm son-in-law of the plaintiff to depose as a witness on behalf of the plaintiff in the main suit when the main suit viz., COS No.1690 of 2022 is taken up for final disposal by the Additional Commercial Court, Egmore, Chennai. This Court is not expressing any opinion on the merits of the petitioner's objection in this civil revision petition. No costs. Consequently, connected miscellaneous petition is closed.
23-06-2026 Index: Yes/No Speaking/Non-speaking order gm To The Additional Commercial Court, Egmore, Chennai.
Civil Revision Petition No.2278 of 2026