NIRMAL GUPTA vs RAM NIWAS GUPTA

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.07.2025 + C.R.P. 180/2025, CM APPL. 36899/2025 NIRMAL GUPTA .....Petitioner Through: Mr. Abhay Kumar, Advocate versus RAM NIWAS GUPTA .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. This Court had on 16.07.2025 passed the following directions: 1. The present Petition has been filed under Section 115(1) of the Code of Civil Procedure, 1908 seeking to set aside the order dated 17.05.2025 passed by the learned District Judge (Commercial Court)-07, Central District, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. 2. At the outset, learned Counsel for the Petitioner raises a challenge in view of Section 8 of the Commercial Courts Act, 2015 [hereinafter referred to as “CC Act”] to submit that the Petition is not maintainable. Section 8 of the CC Act debars revisions against an order of a commercial court in the following manner: “8. 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.” 3. The Division Bench of this Court in Black Diamond Trackparts (P) Ltd. & Ors v. Black Diamond Motors (P) Ltd.; 2021 SCC OnLine Del 3946 has while considering the scope of the CC Act has expressly held that it bars the remedy of a Revision Petition under Section 115, Signature Not Verified Digitally Signed By:RAHUL Signing Date:18.0