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Madras High CourtCRP/293/2024closed

Tristar Accomodations Ltd v. Vatsala Jagannathan

2024-02-07Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.M/s.Tristar Accommodations Ltd.

Represented by its Managing Director, Rashmi Rajan Kapoor, No.657, Tristar Towers Avinashi Road, Coimbatore-641 037.

2.Mrs.Padmini Rajan.

3.Mrs.Uma Rajan 4.Mrs.Rashmi Rajan Kapoor ... Petitioners Vs.

Mrs.Vathsala Jagannathan ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order of the commercial court (District Judge cadre) at Coimbatore, in IA No.1 of 2023 in COS No.140 of 2023 dated 13.12.2023.

For Petitioners : Mr.S.V.Pravin Rathinam for Respondent : Mr.Vijayarghunath for M/s.Sarvabhauman Associates

O R D E R

The civil revision petition is filed to set aside the fair and decretal order of the commercial court (District Judge cadre) at Coimbatore, in IA No.1 of 2023 in COS No.140 of 2023 dated 13.12.2023.

2. When the civil revision petition was taken up for hearing, learned counsel for the respondent submits that this revision is filed against the impugned order in IA No.1 of 23 in COS No.140 of 2023 passed by the commercial court (District Judge cadre) at Coimbatore dated 13.12.2023. He further submits that in view of Section 8 of the Commercial Court Act, 2015, no revision, application or petition shall be entertained against any interlocutory order of the commercial court. An appeal will lie under Section 13 of the Commercial Court Act, 2015, before the commercial court division. Therefore, the revision is not maintainable.

3. Learned counsel for the petitioner that the petitioner is ready to take steps to convert this revision into commercial division appeal.

4. Recording the submissions made by the parties, this civil revision petition is closed with liberty to the petitioner to file an appeal before the commercial court division. There will be no order as to costs. 07.02.2024 Index: Yes/No Internet: Yes/No mrn To The Commercial Court (District Judge cadre) at Coimbatore,

V.SIVAGNANAM , J.

(mrn) 07.02.2024