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Calcutta High CourtAO-COM/21/2024dismissed

Divij Mercantiles Private Limited v. Sabita Rungta And ORS

2024-12-05Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswaroop Chowdhury2 pages

OCD-1

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE (Commercial Division) AO-COM/21/2024 WITH CS-COM/536/2024 DIVIJ MERCANTILES PRIVATE LIMITED VS SABITA RUNGTA AND ORS.

BEFORE:

The Hon'ble JUSTICE SOUMEN SEN AND The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : 5th December, 2024.

Appearance:

Ms. Anjana Banerjee, Adv.

...for the appellant.

Mr. Sudhakar Thakur, Adv.

Mr. S.R. Faraz, Adv.

Ms. Sana Sultana, Adv.

...for the respondents.

The Court: This appeal is arising out of an order rejecting an application for judgment upon admission filed under Order 13A of the Commercial Courts Act, 2015. This order is not appealable in terms of Section 13 of the Commercial Courts Act, 2015. Learned counsel appearing on behalf of the appellant has fairly conceded that the appeal is not maintainable. Hence, the appeal is dismissed as not maintainable.

The original certified copy shall be returned to the appellant by the department concerned after retaining a photocopy of the same in order to enable the appellant to take appropriate steps in accordance with law. (SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) s.pal