Sunday, June 17, 2018

Article 227 petition maintainable against interlocutory orders of Commercial Courts, Gujarat High Court

The Gujarat High Court has ruled that writ petitions under Article 227 of the Constitution of India can be entertained by High Court against interlocutory orders passed by commercial courts.
A Bench of Justices MR Shah and AY Kogje rule that the bar contained under Section 8 of the Commercial Courts Act against entertainability of “civil revision application or petition” against the interlocutory orders passed by the subordinate/ Commercial Courts, shall not be applicable to the writ petitions under Article 227 of the Constitution of India.
The case has its genesis in a Special Civil Suit instituted in the Court of Principal Senior Civil Judge, Dahod by State of Gujarat (petitioner/ plaintiff) against Central government and railway authorities for recovery of money claimed as due towards the usage of water from “Kali” river for domestic and non-domestic purposes by railway authorities. Thereafter, the suit came to be transferred to the Commercial Court, Vadodara.
In the Commercial Court, the plaintiffs filed an application seeking permission to place certain documents on record and to exhibit those documents. The application was rejected on the ground that it was filed at a belated stage and the documents are not pleaded in the plaint.
This prompted the State of Gujarat to move the High Court under Article 227.

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