COMMERCIAL APPEAL DEFECTIVE No. 9 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD COMMERCIAL APPEAL DEFECTIVE No. - 9 of 2025 M/s Sharma Engineering Works and another .....Appellant(s) Versus Union Of India through its General Manager .....Respondent(s) Counsel for Appellant(s) : Jitendra Rana, Shardeshwar Mishra Counsel for Respondent(s) : A.S.G.I., Pranay Krishna Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 14.08.2024 passed by the Commercial Court, Gorakhpur whereby the execution application filed by the appellants has been dismissed. 2. The appellants had earlier approached this Court by filing Appeal under Section 37 Arbitration and Conciliation Act, 1996 ('Act, 1996'), which appeal was dismissed as not maintainable. While dismissing the appeal the Court had specifically observed that even under Section 13(1A) of the Commercial Court Act, 2015 ('Act, 2015'), the appeal against the order lies only as per the proviso to the said Section against the orders passed, which are appealable under Section 37 of the Act, 1996 or Order XLIII CPC and that the order impugned did not fall even under any of the clauses of Order XLIII CPC. Despit