The High Court of Rajasthan, Jodhpur dismissed a revision petition against a Commercial Court order rejecting a jurisdiction dispute. The court held that Section 8 of the Commercial Courts Act, 2015 bars revision against interlocutory orders.
The revision petition is dismissed as it is not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 37/2020
Vivek Industries, 3Rd Neelkanth Estate, Before Udhav Police Station, G.i.d.c. Udhav, Ahmedabad, Gujarat Through Proprietor Heeralal S/o Magaji, Aged 50 Years, R/o Before Udhav Police Station, G.i.d.c. Udhav, Ahmedabad, Gujarat.
----Petitioner
Versus
Daga Sheets And Utensils Pvt Limited, Through Director Prateek Jain S/o Shri Amarchand, Address - F-660, 4Th Phase, Boranada, Jodhpur (Raj.)
For Petitioner(s) : Mr. Ramesh Dewasi For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
14/01/2021
This revision petition is directed against order dated 27.08.2019 passed by the Commercial Court, Jodhpur, whereby, the application filed by petitioner under Order VII Rule 11 CPC raising dispute about the territorial jurisdiction of the Commercial Court has been rejected.
Provisions of Section 8 of the Commercial Courts Act, 2015 reads as under:
“ Bar against revision application or petition against an interlocutory order.- Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court.”
(2 of 2)
[CR-37/2020]
The above provision creates a bar against filing of revision application against orders passed by Commercial Court including an order on issue of jurisdiction.
In view thereof, the revision petition is not maintainable, the same, is therefore dismissed.
(ARUN BHANSALI),J
12-Sachin/-
1 issue framed by the court
Whether a civil revision petition is maintainable against an interlocutory order of a Commercial Court rejecting a jurisdiction dispute.
1 provisions across 1 enactments
Vivek Industries
Daga Sheets And Utensils Pvt Limited
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
