(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order.
(1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge or the Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order:
Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 or section 37 of the Arbitration and Conciliation Act, 1996.
(2) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act.
Legal Commentary & Landmark Judgments: Section 13
Section 13 of the Commercial Courts Act, 2015 governs appeals against decisions, judgments, and orders passed by Commercial Courts and Commercial Divisions.
Section 13 establishes an expedited appellate pathway for commercial disputes, strictly limiting appeals to specified orders to ensure rapid resolution within commercial divisions.
Crucially, the proviso to Section 13(1A) strictly restricts appeals against orders: an appeal lies from an order of a Commercial Court only if that order is specifically enumerated in Order XLIII of the Code of Civil Procedure, 1908, as amended by the Act, or Section 37 of the Arbitration and Conciliation Act, 1996. Sub-section (2) explicitly bars any appeal against any order or decree of a Commercial Court except in accordance with the provisions of this Act.
The 60-day limitation for filing appeals under Section 13 is strictly enforced. The Supreme Court in *Borse Brothers* held that condonation of delay under Section 5 of the Limitation Act is an exception rather than the rule, requiring compelling justification. Practitioners cannot challenge non-appealable procedural orders under Section 13.