High CourtsSingle Bench

Shahabas Tasim Ahammed vs P.M.Achuthan & Company

High Court Of Kerala · Decided on 2 March 2022 · Citation: (2022) 03 KL CK 0017

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 Code of Civil Procedure, 1908 — Section 13, Order 39 Rule 1, Order 39 Rule 2
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No. 419 Of 2022
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Judgment

4 paragraphs · 119 words

A. Badharudeen, J

1.

The order passed by the Commercial Court, Kozhikode in I.A.No.2/2021 in C.S.No.646/2021 under Order XXXIX Rule 1 and 2 of the Civil Procedure Code is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

2.

Though the learned counsel submitted at the time of hearing that appeal not provided from orders from commercial court, when his attention was brought to Section 13 r/w proviso, he also conceded that the order is appealable.

In view of the matter, this order is appealable before the Appellate Court. Hence, this Original Petition stands dismissed with liberty to the petitioner to approach the Appellate court and address his grievance by way of appeal.