Madras High CourtCRP(MD)/3828/2025disposed of

Jenil Alwin v. K.Manikandan

2026-02-17Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR CRP(MD). No.3828 of 2025 and CMP(MD).No.20161 of 2025 Jenil Alwin ... Petitioner Vs K.Manikandan ... Respondent PRAYER :- Civil Revision Petition filed under Section 115 of Code of Civil Procedure Code, to set aside the order dated 09-10-2025 made in I.A.No.05 of 2025 in C.O.S.No.01 of 2024 on the file of Principal Sub Court, Nagercoil, Kanyakumari District and allow this civil revision Petition and thus render justice.

For Petitioner : Mr. Sailendrababu.G, For Respondent : Mr.A.Balakrishnan

ORDER

This Civil Revision Petition has been filed to set aside the order dated 09.10.2025 passed in I.A. No. 05 of 2025 in C.O.S. No. 01 of 2024 on the file

of the Principal Sub Court, Nagercoil, Kanyakumari District.

2. The learned counsel appearing for the petitioner submitted that there is a delay of 205 days in filing the petition to set aside the ex parte order passed against the petitioner.

3. The learned counsel appearing for the respondent submitted that, as against the order passed by the trial Court, only an appeal would lie in view of Section 13 of the Commercial Courts Act, 2015. He further submitted that under Section 8 of the said Act, there is no bar in respect of an appeal against the interim order, and therefore this revision petition is not maintainable.

4. In view of the submissions made and considering the statutory remedy available under Section 13 of the Commercial Courts Act, 2015, this Civil Revision Petition is disposed of, granting liberty to the revision petitioner to file an appeal before the appropriate appellate Court within a period of 15 days from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

17.02.2026 Index : Yes / No Internet: Yes / No trp

Note: Registry is directed to return the original papers if any after substituting the xerox copy of the same.

To Principal Sub Court, Nagercoil, Kanyakumari District

N.SENTHILKUMAR, J.

Trp CRP(MD). No.3828 of 2025 and CMP(MD).No.20161 of 2025 17.02.2026