Whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court in the provisions of the Commercial Courts Act, 2015? – State of Kerala and Ors. Vs. Dr. Praveen Kumar T.K. – Kerala High Court
Hon’ble Kerala High Court held that:
(i) Care has been taken by the parliament to prevent Appeals and to make some of the judgments which made Appeals against certain interlocutory orders possible inoperative.
(ii) The legislature, in its wisdom, introduced a non-obstante clause in Section 13(2) of the Commercial Courts Act, limiting right of appeals subject to the provisions of the Commercial Courts Act and no appeal shall lie from any order or decree of a Commercial Division or Commercial Court, otherwise than in accordance with the provisions of the Commercial Courts Act. If so, Commercial Courts Act does not provide second appeal.