Punjab National Bank v. Mercury Exports And Manufacturing Pvt Ltd
ORDER
OCD-1 APOT/70/2023 WITH CS/36/2020 IA NO: GA/1/2023
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PUNJAB NATIONAL BANK
VERSUS
MERCURY EXPORTS AND MANUFACTURING PVT. LTD.
BEFORE:
THE HON'BLE JUSTICE HARISH TANDON THE HON'BLE JUSTICE PRASENJIT BISWAS [COMMERCIAL DIVISION] Date : 23rd March 2023.
APPEARANCE:
Mr. Joy Saha, Sr. Advocate Ms. Aparajit Rao, Advocate Ms. A. Basu, Advocate ...for the appellant Ms. R. Dutta, Advocate Mr. S. Bhattacharya, Advocate ...for the respondent The Court:- A preliminary objection has been raised by the appellant that the instant appeal is not maintainable. It is contended that the application seeking extension of time to file written statement has been dismissed by the impugned order and, therefore, proviso under Section 13 of the Commercial Courts Act, 2015 created an embargo in maintaining such appeal.
It is no doubt true that the appeal is a creature of the statute. Unless the statue provides the remedy by way of an appeal, the remedy of appeal
cannot be presumed. An impression appears to have been created in the mind of the advocate-on-record of the appellant that since the rules relating to an appeal as framed in the Original Side of this Court have their applicability and because of the applicability of the Letters Patent, the appeal is maintainable under Clause 15 of the Letters Patent. The applicability of the Letters Patent has been expressly excluded under Section 13 of the said Act and the proviso makes it clear that unless the order comes within the periphery thereof, no appeal would lie. The nature of the order impugned in the instant appeal is not contemplated under Order 43 of the Code of Civil Procedure and, therefore, in our opinion, the appeal is not maintainable.
The appeal is dismissed as not maintainable.
However, the dismissal of the appeal shall not prevent the appellant to pursue the remedy before the appropriate forum. (HARISH TANDON, J.) (PRASENJIT BISWAS, J.) kc