# COMMERCIAL APPEAL DEFECTIVE No. 3 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-07-04
Citation: COMMERCIAL APPEAL DEFECTIVE No. 3 of 2025 at Allahabad
Petitioner: COMMERCIAL APPEAL DEFECTIVE No. 3 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=41021)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:104431-DB Chief Justice's Court Case :- COMMERCIAL APPEAL DEFECTIVE No. - 3 of 2025 Appellant :- West Wood Wears Pvt. Ltd. and 3 others Respondent :- Smt. Ritu Mangal and 4 others Counsel for Appellant :- Phool Singh Yadav, Ram Pratap Yadav Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against the order dated 16.04.2025 passed by the Commercial Court No. 2, Gautam Budh Nagar, whereby the application filed by the appellants under Order VII Rule 11 CPC has been dismissed. 2. The appeal has been filed under Section 13 of the Commercial Courts Act, 2015 (‘the Act, 2015’). Proviso to Section 13(1A) of the Act, 2015 clearly provides that only orders, which are appealable under Section 37 of the Arbitration and Conciliation Act, 1996 or Order XLIII CPC, would be appealable under the said provision. The order passed by the Commercial Court rejecting application under Order VII Rule 11 CPC is not appealable under any of the clauses of Order XLIII CPC. 3. In that view of the matter, the appeal is not maintainable. The same is, therefore, dismissed, leaving it open for the appellants to take appropriate proceedings

https://niyam.ai/judgements/high-court/2025/july/commercial-appeal-defective-no-3-of-2025-at-allahabad