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Section 8: Bar against revision application or interlocutory orders

Commercial Courts Act, 2015 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Commercial Court / High Court
Act 4 of 2016
Section 7 All 23 Sections The Schedule (CPC Amendments) Section 9
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Commercial Court Sec 2 Commercial Division Sec 2

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Commercial Courts Act, 2015 enacts a strict statutory bar against the entertainment of civil revision applications or petitions against interlocutory orders passed by a Commercial Court.

  • Interlocutory & Injunctive Remedies: Section 8 contains an emphatic non-obstante clause overriding any other law for the time being in force, declaring that no civil revision application or petition (such as under Section 115 CPC) shall be entertained against any interlocutory order of a Commercial Court.
  • Appellate Remedies & Forum: This prohibition includes orders on discovery, amendment of pleadings, framing of issues, or interim applications, with any grievance against such interlocutory determinations being deferred to be questioned solely in an appeal against the final decree under Section 13.

The legislative rationale is the eradication of interlocutory litigation, which historically crippled commercial trials through recurring stays. By closing the door to revisional interference, Parliament intended commercial trials to proceed uninterrupted to final decree.

Key Landmark Precedents:
  • Black Diamond Trackparts (P) Ltd. v. Black Diamond Motors (P) Ltd., 2021 SCC OnLine Del 3946: The High Court held that the constitutional supervisory jurisdiction under Article 227 cannot be invoked as a cloak to circumvent the legislative bar enacted in Section 8 of the Commercial Courts Act, except in exceptional cases of patent bad faith or perversity.
  • State of Maharashtra v. Borse Brothers Engineers & Contractors (P) Ltd., (2021) 6 SCC 460: The Supreme Court observed that Section 8 reflects the imperative parliamentary intent to eliminate interim delays and ensure seamless commercial adjudications.
Legal Commentary:

Litigants attempting to bypass Section 8 by filing writ petitions under Article 227 face exceptionally high thresholds. The High Courts consistently decline supervisory intervention against procedural orders unless the order strikes at the very root of judicial authority or results in gross miscarriage of justice.

Section 7 All 23 Sections The Schedule (CPC Amendments) Section 9