Nagarjuna Fertilizers And Chemicals … vs Tecnimont S.P.A on 3 August, 2026

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    Telangana High Court

    Nagarjuna Fertilizers And Chemicals … vs Tecnimont S.P.A on 3 August, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

    IN THE HIGH COURT FOR THE STATE OF TELANGANA
                    AT HYDERABAD
             HON'BLE SRI JUSTICE K. LAKSHMAN
                            AND
           HON'BLE JUSTICE B.R. MADHUSUDHAN RAO
        ORIGINAL SIDE APPEAL Nos. 2 OF 2025 AND 1 OF 2026
    Between in Both the appeals:
    
    M/s. Nagarjuna Fertilizers and Chemicals Ltd.              ....Appellant
                                      and
    M/s. Tecnimont S.P.A. and others                          ..Respondents
    
    
    DATE OF COMMON ORDER PASSED:                        03.08.2026
    SUBMITTED FOR APPROVAL.
    
    THE HON'BLE SRI JUSTICE K.LAKSHMAN
    1    Whether Reporters of Local newspapers
         may be allowed to see the Judgment?   Yes/No
            Whether the copies of judgment may be
            marked to Law Reporters/Journals               Yes/No
    3       Whether His Lordship wish to see the fair
            copy of the Judgment?                         Yes/No
    
    
                                             ________________________
                                              JUSTICE K.LAKSHMAN
                                       2
    
    
    IN THE HIGH COURT FOR THE STATE OF TELANGANA
                    AT HYDERABAD
              *HON'BLE SRI JUSTICE K. LAKSHMAN
                             AND
            HON'BLE JUSTICE B.R. MADHUSUDHAN RAO
    +ORIGINAL SIDE APPEAL Nos. 2 OF 2025 AND 1 OF 2026
    % Delivered on: 03-08-2026
    Between in Both the appeals:
    
    #M/s. Nagarjuna Fertilizers and Chemicals Ltd.        ....Appellant
                                     and
    $ M/s. Tecnimont S.P.A. and others                   ..Respondents
    
    ! For Appellant         Mr. Sunil B.Ganu, learned Senior counsel
                            representing Mr. K.S.Vishwajit, and Mr.
                            Jai Kishan Solanki, learned counsel for the
                            appellant.
    
    ^ For Respondents       Mr. Duvva Pavan Kumar, learned counsel
                            representing M/s.MZM Legal Hyderabad
                            LLP,
    
    <Gist                   :
    
    > Head Note
    
       1. (2011) 8 SCC 333
       2. (2017) 14 SCC 225
       3. (2018) 14 SCC 715
       4. (2011) 113 (6) Bom. LR 3835
       5. Judgment dated 31.12.2018 in ICOMA Appeal No. 1 of 2018
          passed by the High Court of Judicature at Hyderabad
       6. Judgment dated 01.05.2025 in W.A. No. 520 of 2025 passed by
          the High Court for the State of Telangana
       7. 2020 SCC OnLine Del. 477
       8. (2023) 1 SCC 634
                               3
    
    
    9. (1981) 4 SCC 8
    10. (1988) 2 SCC 1
    11. (2003) 10 SCC 361
    12. (2004) 11 SCC 672
    13. 2023 SCC OnLine Del 511
    14. 2025 SCC OnLine Del 9140
    15. 2022 SCC OnLine Bom 3152
    16. (1989) 1 SCC 101
    17. (1990) 1 SCC 193
    18. (2011) 11 SCC 198
    19. (2002) 4 SCC 388
    20. (2021) 16 SCC 536
    21. 2022 SCC OnLine Kar 1631
    22. 2024 SCC OnLine AP 4121
                                       4
    
    
    IN THE HIGH COURT FOR THE STATE OF TELANGANA
                    AT HYDERABAD
    
            HON'BLE SRI JUSTICE K. LAKSHMAN
                           AND
          HON'BLE JUSTICE B.R. MADHUSUDHAN RAO
    
     ORIGINAL SIDE APPEAL Nos. 2 OF 2025 AND 1 OF 2026
                     Date:03.08.2026
    Between:
    
    M/s. Nagarjuna Fertilizers and Chemicals Limited
                                                                 ...Appellant
                                     and
    
    M/s. Tecnimont S.P.A. and others                          ...Respondents
    
               ORIGINAL SIDE APPEAL No. 1 of 2026
    
    Between:
    M/s. Nagarjuna Fertilizers and Chemicals Limited
                                                                 ...Appellant
              And
    M/s. Tecnimont SPA and others                             ...Respondents
    
                         COMMON JUDGMENT
    

    (Per Hon’ble Sri Justice K. Lakshman)

    Heard Mr. Sunil B.Ganu, learned Senior counsel

    SPONSORED

    representing Mr. K.S.Vishwajit and Mr. Jai Kishan Solanki,

    learned counsel for the appellant and Mr. Duvva Pavan Kumar,

    learned counsel representing M/s.MZM Legal Hyderabad LLP,

    appearing on behalf of respondents, in both the appeals.

    5

    2-A.OSA No. 2 of 2025 has been filed by the Appellant

    challenging the order dated 27.06.2025 passed by the learned

    Single Judge in EXEP No. 1 of 2018. Vide the said order, the

    learned Single Judge held that the execution petition filed by

    Respondent No. 1 herein was maintainable.

    2-B. OSA No. 1 of 2026 has been file by the Appellant

    challenging the order dated 10.12.2025 passed by the learned

    Single Judge in EXEP No. 1 of 2018. Vide the said order, the

    learned Single Judge directed provisional attachment of all the

    bank accounts of the Appellant.

    3. Since both the impugned orders were passed against the

    Appellant and arose out of EXEP No. 1 of 2018, they were heard

    together and are being disposed of by this common judgment.

    4. We have heard Mr. Sunil B. Ganu, learned Senior Counsel

    representing Mr. K.S. Vishwajit and Mr. Jai Kishan Solanki,

    learned Counsel for the Appellant in OSA No. 2 of 2025 and OSA

    No. 1 of 2026, respectively. Also, heard Mr. Duvva Pavan Kumar,

    representing M/s MZM Legal Hyderabad LLP, learned counsel for

    Respondent No. 1.

    6

    5. The Appellant herein is a company incorporated in India.

    Respondent No. 1 is a company incorporated in Italy. Both the

    companies entered into two agreements, dated 15.12.2013, titled

    “Early Works of Services” for providing onshore and offshore

    services in relation to Fertilizer Project-3 at Kakinada, Andhra

    Pradesh. Disputes arose between the parties on the issue of

    payments. As such, Respondent No. 1 initiated arbitration

    proceedings against the Appellant.

    6. Clause 9 (g) of the agreement provides that the governing

    law is the Indian law and the Courts at Hyderabad shall have

    exclusive jurisdiction. Likewise, Clause 9 (h) provided that the

    resolution of disputes shall be through arbitration. The said clauses

    are extracted below:

    “9(g)…….. This Work Order shall be
    governed by and be construed in accordance
    with the laws of India. The parties subject
    themselves to the exclusive jurisdiction of the
    Courts at Hyderabad, Andhra Pradesh to the
    exclusion of others.”

    “9 (h) Disputes and Arbitration

    1. The Parties agree to seek to resolve any
    dispute arising between them by mutual
    7

    consultation, to be commenced by the
    delivery of a written notice by one Party to
    the other that a Dispute has arisen.

    2. Any disputes or differences arising out of
    or relating to this Work Order that cannot be
    settled amicably by the Parties be referred to
    final determination by arbitration in
    accordance with this clause.

    3. The arbitration shall be conducted
    according to the LCIA Rules. The seat of the
    arbitration shalt be New Delhi or such other
    place as may be mutually agreed by the
    Parties in India. The language of the
    arbitration shall be English. In case of
    conflict between the LCIA Rules and the
    provisions of this clause, the provisions
    hereof shall prevail. The provisions of the
    Arbitration and Conciliation Act, 1996 shall
    apply to such arbitration.

    4. The arbitral tribunal shall consist of three
    arbitrators. Each Party shall nominate one
    arbitrator. The two arbitrators so nominated
    shall, in turn, nominate the third arbitrator
    who shall serve as the chairman of the arbitral
    tribunal. If a Party fails to nominate its
    arbitrator within a period of twenty (20) days
    after receiving notice of the arbitration, or if
    the two arbitrators appointed cannot agree on
    the third arbitrator within a period of twenty
    (20) days after appointment of the second
    arbitrator, then such arbitrator shall be
    appointed in accordance with the Arbitration
    and Conciliation Act, 1996
    .

    5. Arbitrators nominated or appointed by
    NFCL, the Contractor, or the LCIA, as the
    case may be, shall be persons with experience
    8

    of the interpretation of contracts. No
    arbitrator shall be a present or former
    employee or agent of, or consultant or
    counsel to, any Party or any affiliate thereof:

    6. The Parties and the arbitral tribunal shall
    keep confidential all matters relating to
    arbitration proceedings commenced including
    any award made by the arbitral tribunal and
    any related court proceedings.

    7. The Parties shall bear respective cost for
    Arbitration pending the Arbitral award.

    8. The arbitral tribunal shall have power to
    direct a party to pay some or all of the other
    Party’s costs, and to direct which Party (or in
    which proportions the Parties) should pay the
    arbitrators fees and expenses.”

    7. It is apt to note that as Respondent No. 1 is a foreign

    party, i.e., a company incorporated in Italy, the arbitration

    proceedings between the parties constituted an international

    commercial arbitration under Section 2(1)(f) of the Arbitration &

    Conciliation Act, 1996 [hereinafter “the Act, 1996”]. Further, as

    the seat of arbitration was New Delhi, India, Part I of the Act,

    1996, applies to the arbitral proceedings.

    8. The Arbitral Tribunal, constituted under the aegis of the

    LCIA, passed an award dated 21.10.2017 in favour of Respondent

    No. 1 herein. Vide the said award, Respondent No. 1 was awarded:

    9

    (i) Principal amount of USD 877,500/- along with interest up to the

    date of award – USD 577,400/-; (ii) Principal amount of EUR 455,

    000/- along with interest up to the date of award – EUR 299,000/-;

    (iii) further interest @12% per annum from the date of award till

    payment; and (iv) costs of £ 26332.90/- .

    9. Aggrieved by the award dated 21.10.2017, the Appellant

    herein filed C.O.P. No. 15 of 2018 under Section 34 of the Act,

    1996, before the Commercial Court, seeking to set aside the same.

    The learned Commercial Court vide order dated 14.06.2018

    dismissed C.O.P. No. 15 of 2018 as not maintainable. It held that,

    as the arbitral proceedings between the parties constituted

    international commercial arbitration, an application under Section

    34 of the Act, 1996, lies before the High Court.

    10. Thereafter, the Appellant filed ICOMAOA No. 3 of

    2018, under Section 34 of the Act, 1996, before this Court. Along

    with the said application filed under Section 34 of the Act, 1996,

    the Appellant had filed I.A. No. 1 of 2018, i.e., an application

    under Section 36(2) of the Act, 1996, seeking stay of the operation

    of the award dated 21.10.2017. Vide order dated 05.10.2018, the
    10

    learned Single Judge had stayed the operation of the award on a

    condition to deposit 75% of the awarded amount within a period 06

    weeks from the date of the order. Instead of complying with the

    same, the Appellant had challenged the said order before a

    Division Bench of this Court. Vide order dated 16.11.2018, the stay

    order dated 05.10.2018 was modified. The condition to deposit

    75% of the awarded amount was reduced to 50% to be deposited in

    two instalments of 25% each. The first instalment was to be paid

    within 06 weeks from the date of the order, i.e., on or before

    28.12.2018, and the second instalment in the next 06 weeks. The

    Appellant failed to deposit the awarded amount in terms of the

    Division Bench’s order. Therefore, the appeal filed by the

    Appellant was dismissed. It is pertinent to note that, as the awarded

    amount was not deposited, no stay operated on the award dated

    21.10.2017.

    11. While the proceedings before the learned Commercial

    Court were pending, Respondent No. 1 (the award-holder) had

    already filed an application under Section 36(1) of the Act, 1996,

    seeking enforcement of the award dated 21.10.2017. The said
    11

    enforcement application was filed before this Court as EXEP No. 1

    of 2018. Along with the said application, Respondent No. 1 filed

    I.A. No. 1 of 2018 seeking attachment of the properties of the

    Appellant. Vide order dated 08.11.2024, the learned Single Judge,

    noting that no stay operated on the award dated 21.10.2017,

    directed the Appellant to file an affidavit disclosing its moveable

    and immovable assets. Instead of complying with the said order,

    the Appellant filed I.A. No. 1 of 2024 seeking to recall the order

    dated 08.11.2024. The learned Single Judge vide order dated

    12.12.2024 dismissed I.A. No. 1 of 2024.

    12. Against the said orders dated 12.12.2024 and

    08.11.2024, the Appellant filed OSA No. 3 of 2024 and OSA No. 4

    of 2024, respectively, before a Division Bench of this Court. Vide

    common order dated 18.12.2024, recording the consent of learned

    counsel appearing for the parties, the Division Bench disposed of

    OSA Nos. 3 and 4 of 2024, directing the learned Single Judge to

    first decide the issue of maintainability of EXEP No. 1 of 2018.

    Likewise, the learned Single Judge was also directed to rehear the

    parties on I.A. No. 1 of 2024 in EXEP No. 1 of 2018.

    12

    13. On remand, the learned Single Judge vide the impugned

    order dated 27.06.2025 held that the execution petition bearing

    EXEP No. 1 of 2018, filed by Respondent No. 1, was maintainable.

    The learned Single Judge held that under Section 2(1)(e) of the

    Act, 1996 r/w Section 10(1) of the Commercial Courts Act, 2015

    [hereinafter “the Act, 2015”], an enforcement application/

    execution petition in relation to the final award passed in an

    international commercial arbitration is the jurisdictional High

    Court.

    14. Aggrieved by the finding that EXEP No. 1 of 2018 was

    maintainable, the Appellant has filed the present Original Side

    Appeals. It is pertinent to note that OSA No. 2 of 2025 has been

    filed under Clause 15 of the Letters Patent.

    15. While OSA No. 2 of 2025 was pending, the learned

    Single Judge had passed the impugned order dated 10.12.2025

    directing provisional attachment of the bank accounts of the

    Appellant. Aggrieved by the same, the Appellant filed OSA No. 1

    of 2026.

    13

    16. Respondent No. 1, vide I.A. No. 4 of 2025, raised a

    preliminary objection regarding the maintainability of OSA No. 2

    of 2025. The issue of maintainability was also raised in relation to

    OSA No. 1 of 2026. Without delving into the merits raised in the

    present appeals against the correctness of the impugned orders, this

    Court deems it appropriate to decide the issue of maintainability of

    the present Original Side Appeals, filed under Clause 15 of the

    Letters Patent.

    17. According to Respondent No. 1, a Letters Patent Appeal

    is not maintainable against the impugned orders. It was contended

    that the execution proceedings (EXEP No. 1 of 2018) are pending

    before the Commercial Division of this Court. According to

    Respondent No. 1, the learned Single Judge passed the impugned

    orders while exercising jurisdiction under the Act, 2015. As per the

    Proviso to Section 13(1A) of the Act, 2015, an appeal to the

    Commercial Appellate Division of the High Court against any

    order passed by the Commercial Division of the High Court lies

    only if such order is appealable under Order XLIII of the Code of

    Civil Procedure [hereinafter “the CPC“] or if such order is
    14

    appealable under Section 37 of the Act, 1996. Further, Section

    13(2) of the Act, 1996, bars a Letters Patent Appeal against any

    order passed by the Commercial Division otherwise than in

    accordance with the Act, 2015. Therefore, as the impugned orders

    are neither appealable under Order XLIII nor under Section 37 of

    the Act, 1996, the present Original Side Appeals, under Clause 15

    of the Letters Patent of this Court, are also not maintainable.

    18. Respondent No. 1 also argued that the Act, 1996, and

    the Act, 2015, are self-contained codes which provide the remedy

    of appeal and the manner in which the appeal is to be presented. A

    Letters Patent Appeal, against an order passed under such self-

    contained codes, is not maintainable.

    19. In support of its arguments on maintainability,

    Respondent No. 1 relied upon the following judgments:

    i. Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.1

    ii. Union of India v. Simplex Infrastructures 2

    iii. Kandla Export Corporation v. OCI
    Corporation3

    1
    (2011) 8 SCC 333
    2
    (2017) 14 SCC 225
    3
    (2018) 14 SCC 715
    15

    iv. Jet Airways (India) Ltd. v. Sahara Airlines
    Ltd.
    4

    v. Nagarjuna Fertilizers & Chemicals Ltd. v.

    Tecnimont SpA & Ors.5

    vi. Residents Welfare Association v. The State of
    Telangana & Ors.6
    .

    20. The Appellant, on the other hand, contended that the

    present Original Side Appeals are maintainable. It is pertinent to

    note that, the Appellant, in its Counter Affidavit filed in reply to

    I.A. No. 4 of 2025 in OSA No. 2 of 2025 and its Written

    Submissions, does not dispute the applicability of the Act, 2015.

    According to the Appellant, Section 13(1A) of the Act, 2015,

    cannot be read as limiting the right of appeal. Despite the bar under

    Section 13(2) of the Act, 2015, a Letters Patent Appeal, according

    to the Appellant, is maintainable as the impugned orders qualify as

    a “judgment”.

    4

    (2011) 113 (6) Bom. LR 3835
    5
    Judgment dated 31.12.2018 in ICOMA Appeal No. 1 of 2018 passed by the
    High Court of Judicature at Hyderabad
    6
    Judgment dated 01.05.2025 in W.A. No. 520 of 2025 passed by the High
    Court for the State of Telangana
    16

    21. In support of its contentions on maintainability, the

    Appellant relied upon the following judgments:

    i. D & H India Ltd. v. Superon Schweisstechnik
    India Ltd.7

    ii. Shyam Sel and Power Ltd. v. Shyam Steel
    Industries Ltd.
    8; and

    iii. Shah Babulal Khimji v. Jayaben D. Kania 9.

    22. We have heard learned Senior Counsel for the Appellant

    and learned counsel appearing for the respondents extensively and

    gave thoughtful consideration of the same including the principle

    laid down in the aforesaid judgments.

    23. After examining the law and the contentions raised by

    the parties, this Court holds that the present Original Side Appeals

    filed under Clause 15 of the Letters Patent are not maintainable.

    The arguments advanced on behalf of the Appellant are

    misconceived.

    24. It is undisputed that the execution proceedings before the

    learned Single Judge were initiated under the Act, 1996. The Act,

    7
    2020 SCC OnLine Del. 477
    8
    (2023) 1 SCC 634
    9
    (1981) 4 SCC 8
    17

    1996, is a self-contained code which governs all matters pertaining

    to arbitration, including the right to file appeals. It is trite law that a

    self-contained code is a special enactment. Such special enactment

    prevails over general enactments. The Act, 1996, is a special

    enactment which prevails over the general law of the Letters

    Patent. Therefore, if right to appeal is not provided under the Act,

    1996, no appeal can be filed invoking the Clause 15 of the Letters

    Patent.

    25. In this regard, it is apposite to refer to the Hon’ble

    Supreme Court’s decision in Fuerst Day Lawson Ltd.(supra). The

    question before the Court was whether an order which is not

    appealable under the Act, 1996, would nonetheless be appealable

    under the Letters Patent. Noting that the Act, 1996, is a self-

    contained code which prevails over the provisions of the Letters

    Patent, the Court held that no appeal under the Letters Patent

    would lie against an order passed under the Act, 1996. The relevant

    paragraphs are extracted below:

    “Leave granted in SLP (C) No. 31068 of 2009 and SLP
    (C) No. 4648 of 2010. The common question that arises
    for consideration by the Court in this batch of cases is
    18

    whether an order, though not appealable under Section
    50
    of the Arbitration and Conciliation Act, 1996
    (hereinafter “the 1996 Act”), would nevertheless be
    subject to appeal under the relevant provision of the
    Letters Patent of the High Court. In other words even
    though the Arbitration Act does not envisage or permit
    an appeal from the order, the party aggrieved by it can
    still have his way, bypassing the Act and taking recourse
    to another jurisdiction.

    XXXXX

    3. A correct answer to both the questions would depend
    upon how the 1996 Act is to be viewed. Do the
    provisions of the 1996 Act constitute a complete code
    for matters arising out of an arbitration proceeding, the
    making of the award and the enforcement of the award?
    If the answer to the question is in the affirmative then,
    obviously, all other jurisdictions, including the Letters
    Patent jurisdiction of the High Court would stand
    excluded but in case the answer is in the negative then,
    of course, the contention of Mr Sundaram must be
    accepted.

    XXXXX

    36. The decisions noticed so far lay down certain broad
    principles that may be stated as follows:

    (i) Normally, once an appeal reaches the High Court
    it has to be determined according to the rules of practice
    and procedure of the High Court and in accordance with
    19

    the provisions of the charter under which the High Court
    is constituted and which confers on it power in respect
    to the method and manner of exercising that power.

    (ii) When a statute merely directs that an appeal shall
    lie to a court already established then that appeal must
    be regulated by the practice and procedure of that court.

    (iii) The High Court derives its intra-court appeal
    jurisdiction under the Charter by which it was
    established and its powers under the Letters Patent were
    recognised and saved by Section 108 of the Government
    of India Act, 1915, Section 223 of the Government of
    India Act, 1935 and finally, by Article 225 of the
    Constitution of India. The High Court, therefore, cannot
    be divested of its Letters Patent jurisdiction unless
    provided for expressly or by necessary intendment by
    some special statute.

    (iv) If the pronouncement of the Single Judge
    qualifies as a “judgment”, in the absence of any bar
    created by a statute either expressly or by necessary
    implication, it would be subject to appeal under the
    relevant clause of the Letters Patent of the High Court.

    (v) Since Section 104(1) CPC specifically saves the
    letters patent appeal; it could only be excluded by an
    express mention in Section 104(2). In the absence of any
    express mention in Section 104(2), the maintainability
    of a letters patent appeal is saved by virtue of Section
    104(1).

    20

    (vi) Limitation of a right of appeal in absence of any
    provision in a statute cannot be readily inferred. The
    appellate jurisdiction of a superior court cannot be taken
    as excluded simply because a subordinate court
    exercises its special jurisdiction.

    (vii) The exception to the aforementioned rule is
    where the special Act sets out a self-contained code
    and in that event the applicability of the general law
    procedure would be impliedly excluded. The express
    provision need not refer to or use the words “letters
    patent” but if on a reading of the provision it is clear
    that all further appeals are barred then even a letters
    patent appeal would be barred.

    XXXXX

    38. In Mohindra Supply Co. [AIR 1962 SC 256 : (1962)
    3 SCR 497] , a Bench of four Judges of this Court held
    that a letters patent appeal against an order passed by a
    Single Judge of the High Court on an appeal under
    Section 39(1) of the 1940 Act was barred in terms of
    sub-section (2) of Section 39. This decision is based on
    the bar against further appeals as contained in sub-
    section (2) of Section 39 of the 1940 Act and, therefore,
    it may not have a direct bearing on the question
    presently under consideration.

    39. More to the point are two later decisions.
    In Gourangalal Chatterjee [(1993) 3 SCC 1] , a Bench
    of two Judges of this Court held that an order, against
    21

    which no appeal would lie under Section 39(1) of the
    1940 Act, could not be taken in appeal before the
    Division Bench of the High Court under its Letters
    Patent. The same view was reaffirmed by a Bench of
    three Judges of this Court in Aradhana Trading
    Co. [(2002) 4 SCC 447]

    40. In regard to these two decisions, Mr Sundaram took
    the position that both Gourangalal Chatterjee[(1993) 3
    SCC 1] and Aradhana Trading Co. [(2002) 4 SCC 447]
    were rendered on Section 39 of the 1940 Act, the
    equivalent of which is Section 37 of the 1996 Act. In
    view of the two decisions, he conceded that in the event
    an order was not appealable under Section 37(1) of the
    1996 Act, it would not be subject to appeal under the
    Letters Patent of the High Court.

    XXXXX

    89. It is, thus, to be seen that Arbitration Act, 1940,
    from its inception and right through to 2004 (in P.S.
    Sathappan [(2004) 11 SCC 672] ) was held to be a
    self-contained code. Now, if the Arbitration Act, 1940
    was held to be a self-contained code, on matters
    pertaining to arbitration, the Arbitration and
    Conciliation Act, 1996
    , which consolidates, amends
    and designs the law relating to arbitration to bring it,
    as much as possible, in harmony with
    the Uncitral Model must be held only to be more so.
    Once it is held that the Arbitration Act is a self-

    22

    contained code and exhaustive, then it must also be
    held, using the lucid expression of Tulzapurkar, J.,
    that it carries with it “a negative import that only
    such acts as are mentioned in the Act are permissible
    to be done and acts or things not mentioned therein
    are not permissible to be done”. In other words, a
    letters patent appeal would be excluded by the
    application of one of the general principles that
    where the special Act sets out a self-contained code
    the applicability of the general law procedure would
    be impliedly excluded.

    90. We, thus, arrive at the conclusion regarding the
    exclusion of a letters patent appeal in two different
    ways; one, so to say, on a micro basis by examining the
    scheme devised by Sections 49 and 50 of the 1996 Act
    and the radical change that it brings about in the earlier
    provision of appeal under Section 6 of the 1961 Act and
    the other on a macro basis by taking into account the
    nature and character of the 1996 Act as a self-contained
    and exhaustive code in itself.

    91. In light of the discussions made above, it must be
    held that no letters patent appeal will lie against an
    order which is not appealable under Section 50 of the
    Arbitration and Conciliation Act, 1996.”

    26. It is also noteworthy that the jurisdiction conferred on

    the High Courts under Section 2(1)(e) of the Act, 1996, in relation
    23

    to international commercial arbitration is special jurisdiction. This

    special jurisdiction is also conferred under Section 10(1) of the

    Act, 2015, which states that all matters pertaining to an

    international commercial arbitration shall be heard by the

    Commercial Division of the High Court. No Letters Patent Appeal

    would lie against an order passed in exercise of such special

    jurisdiction, unless a right to appeal under the Letters Patent is

    expressly provided.

    27. In Upadhyaya Hargovind Devshanker v.

    Dhirendrasinh Virbhadrasinhji Solanki 10, the issue before the

    Hon’ble Supreme Court was whether a Letters Patent Appeal

    would lie against an order passed by the High Court under the

    Representation of Peoples Act, 1951. The Court held that High

    Courts exercise special jurisdiction while dealing with election

    petitions. Therefore, no Letters Patent Appeal would lie. The

    relevant paragraph is extracted below:

    17. The relevant part of clause 15 of the Letters Patent
    which is referred to above provides for an appeal against
    a judgment passed by a Single Judge of a High Court to

    10
    (1988) 2 SCC 1
    24

    the same High Court and the scope of the said appellate
    power has been explained by this Court in Shah Babulal
    Khimji v. Jayaben D. Kania
    [(1981) 4 SCC 8 : AIR
    1981 SC 1786 : (1982) 1 SCR 187] An appeal no doubt
    lies under that clause from an order of a Single Judge of
    the High Court exercising original jurisdiction to the
    High Court itself irrespective of the fact that the
    judgment is preliminary or final or that it is one passed
    at an interlocutory stage provided it satisfies the
    conditions set out in the above decision but the said
    provision cannot be extended to an election petition
    filed under the Act. Conferment of the power to try
    an election petition filed under the Act does not
    amount to enlargement of the existing jurisdiction of
    the High Court. The jurisdiction exercisable by the
    Single Judge under the Act is a special jurisdiction
    conferred on the High Court by virtue of Article
    329(b)
    of the Constitution. Having regard to the
    history of the legislation and the limited nature of the
    appeal expressly provided in Section 116-A of the Act
    it should be held that any other right of appeal
    (excluding that under the Constitution) is taken away
    by necessary implication. We, therefore, find it
    difficult to subscribe to the view that when once the
    jurisdiction to try an election petition is conferred on
    the High Court all other powers incidental to the
    ordinary original jurisdiction exercised by a Single
    Judge to a High Court would become applicable to
    25

    an election petition filed under the Act. It is no doubt
    true that in Dr Chotalal Jivabhal Palel case [12 Guj LR
    850] the Division Bench to the High Court of Gujarat
    applied to the rule laid down in National Telephone
    Company Ltd.v. Postmaster General [1913 AC 546,
    552] , namely : “When a question is stated to be referred
    to an established court without more, it, … imports that
    the ordinary incidents of the procedure of that court are
    to attach, and also that any general right of appeal from
    its decisions likewise attaches.” (emphasis added) to an
    election petition filed under the Act which the High
    Court could try in exercise of the special jurisdiction
    conferred on it by the Act and held that except an order
    under Section 98 or Section 99 of the Act which was
    made expressly appealable under Section 116-A of the
    Act to this Court all other orders passed by the Judge
    trying an election petition would be appealable to the
    High Court under clause 15 of the Letters Patent. The
    principle applied by the High Court is not an unqualified
    case. That rule itself suggests that even where a court is
    asked to hear a case, it is quite possible that the nature of
    the jurisdiction may be such that all the incidents of
    procedure or any general right of appeal from its
    decision may not be attracted. Perhaps the Division
    Bench would not have reached the said conclusion if it
    had considered the effect of Article 329(b) of the
    Constitution which authorised the creation of an
    authority for trying disputes arising out of elections to
    26

    the Houses of Parliament and to the Houses of State
    Legislatures and the history and the scheme of the Act
    and the limited right of appeal provided in Section 116-

    A of the Act. We do not find any discussion about the
    effect of the constitutional provision in Article 329(b) in
    the course of the said decision. There was also no
    adequate appreciation of the need to construe the Act as
    a complete code regarding all matters relating to
    settlement of election disputes. It is significant that in
    sub-section (7) of Section 86 of the Act it is stated that
    every election petition shall be tried as expeditiously as
    possible and endeavour shall be made to conclude the
    trial within six months from the date on which the
    election petition is presented to the High Court for trial.
    If Parliament intended that the Division Bench of the
    High Court should exercise its appellate jurisdiction
    under clause 15 of the Letters Patent of the High
    Court probably it would not have enacted sub-
    section (7) of Section 86 of the Act having regard to
    the well-known tendency of one or the other party to
    an election petition preferring appeals against
    interlocutory orders to the Division Bench. The
    presence of such a remedy is enough to defeat the
    object of enacting sub-section (7) of Section 86. If
    such appeals against interlocutory orders to the High
    Court are permitted perhaps no election dispute will
    be finally settled until the next election becomes due.
    The intention of Parliament is that at the level of the
    27

    High Court only the Judge who is asked by the
    learned Chief Justice to try an election petition
    should be the sole judge to decide any question
    arising out of any such election petition and that at
    the appellate stage the Supreme Court alone should
    deal with any matter arising out of the election
    petition. We are of the view that as regards the
    jurisdiction to try an election petition and the right of
    appeal of the parties to an election petition, the
    provisions of the Act (apart from the provisions in
    the Constitution) constitute a complete code and no
    other Judge or Judges other than the Single Judge of
    the High Court who is asked to try an election
    petition and the Supreme Court exercising appellate
    powers under Section 116-A of the Act in respect of
    orders passed under Section 98 or Section 99 of the
    Act or under Article 136 of the Constitution in
    respect of other orders can have any jurisdiction to
    deal with any matter arising out of an election
    petition filed under the Act. We do not therefore agree
    with the view expressed on this question by the High
    Court of Gujarat in Dr Chotalal Jivabhai Patel case [12
    Guj LR 850] . We therefore overrule the said decision.
    We also overrule the decision of the Madras High Court
    in Kadiravan alias Shamsudeen v. B.
    Thirumalaikumar [ILR (1970) 2 Mad 183] and the
    decision of the Madhya Pradesh High Court in Laxmi
    Narayan Nayak v. Ramratan Chaturvedi
    [AIR 1986 MP
    28

    165 (FB)] which have taken the same view as in Dr
    Chotalal Jivabhai Patel case [12 Guj LR 850] . We are,
    however, in agreement with the view expressed by the
    High Court of Allahabad in Siaram v. Nathuram [1968
    All LJ 576] and by the High Court of Rajasthan
    in Ramdhan v. Bhanwarlal [AIR 1985 Raj 185] which
    have held that by necessary implication an appeal to the
    High Court from an interlocutory order passed by the
    Single Judge of the High Court in the course of a trial of
    an election petition filed under the Act is excluded. The
    reasons given in the latter case by the Full Bench of the
    Rajasthan High Court are indeed quite substantial.

    28. Apart from the fact that the Act, 1996, is a self-

    contained code, a Letters Patent Appeal against interlocutory

    orders is expressly barred under the Act, 2015. The applicability of

    the Act, 2015, is not disputed by the parties. Sections 13(1A) r/w

    13(2) of the Act, 2015, explicitly bars a Letters Patent Appeal

    against an order passed by the Commercial Division of the High

    Court, unless the said order is appealable under Order XLIII of the

    CPC or the order is appealable under Section 37 of the Act, 2015.

    It is pertinent to note that the object behind the Act, 2015, is to

    establish Commercial Courts and Commercial Divisions &

    Commercial Appellate Divisions at the High Courts, for speedy
    29

    disposal of commercial disputes including cases pertaining to

    arbitration. Pursuant to the said object, Sections 10 and 13 were

    incorporated in the Act, 2015, in order to restrict the right of appeal

    to orders passed under Order XLIII and Section 37 of the Act,

    1996.

    29. The Hon’ble Supreme Court in Kandla Export Corpn.

    (supra), explaining the scope of Section 13 of the Act, 2015, held

    that an appeal lies only against orders enumerated in Order XLIII

    of the CPC and orders appealable under Section 37 of the Act,

    1996. The relevant paragraphs are extracted below:

    13. Section 13(1) of the Commercial Courts Act, with
    which we are immediately concerned in these appeals, is
    in two parts. The main provision is, as has been
    correctly submitted by Shri Giri, a provision which
    provides for appeals from judgments, orders and decrees
    of the Commercial Division of the High Court. To this
    main provision, an exception is carved out by the
    proviso. The primary purpose of a proviso is to qualify
    the generality of the main part by providing an
    exception, which has been set out with great felicity
    in CIT v. Indo-Mercantile Bank Ltd. [CIT v. Indo-

    Mercantile Bank Ltd., 1959 Supp (2) SCR 256 : AIR
    30

    1959 SC 713] , thus: (SCR pp. 266-67 : AIR pp. 717-18,
    paras 9-10)
    “9. … The proper function of a proviso is that it
    qualifies the generality of the main enactment by
    providing an exception and taking out as it were, from
    the main enactment, a portion which, but for the proviso
    would fall within the main enactment. Ordinarily it is
    foreign to the proper function of a proviso to read it as
    providing something by way of an addendum or dealing
    with a subject which is foreign to the main enactment.
    ‘8. … it is a fundamental rule of construction that a
    proviso must be considered with relation to the principal
    matter to which it stands as a proviso.’

    Therefore, it is to be construed harmoniously with the
    main enactment. (Per Das, C.J. in Abdul Jabar
    Butt v. State of J&K [Abdul Jabar Butt v. State of J&K,
    1957 SCR 51 : AIR 1957 SC 281 : 1957 Cri LJ 404] ,
    SCR p. 59 : AIR p. 284, para 8). Bhagwati, J., in Ram
    Narain Sons Ltd. v. CST [Ram Narain Sons Ltd.
    v. CST,
    (1955) 2 SCR 483 : AIR 1955 SC 765] , said: (SCR p.
    493 : AIR p. 769, para 10)

    ’10. It is a cardinal rule of interpretation that a
    proviso to a particular provision of a statute only
    embraces the field which is covered by the main
    provision. It carves out an exception to the main
    provision to which it has been enacted as a proviso and
    to no other.’
    31

    10. Lord Macmillan in Madras & Southern Mahratta
    Railway Co. Ltd. v. Bezwada Municipality [Madras &
    Southern Mahratta Railway Co. Ltd. v. Bezwada
    Municipality, 1944 SCC OnLine PC 7 : (1943-44) 71 IA
    113] laid down the sphere of a proviso as follows: (IA p.
    122 : SCC OnLine PC)
    ‘… The proper function of a proviso is to except and
    deal with a case which would otherwise fall within the
    general language of the main enactment, and its effect is
    confined to that case. Where, as in the present case, the
    language of the main enactment is clear and
    unambiguous, a proviso can have no repercussion on the
    interpretation of the main enactment, so as to exclude,
    from it by implication what clearly falls within its
    express terms.’

    The territory of a proviso therefore is to carve out an
    exception to the main enactment and exclude something
    which otherwise would have been within the section. It
    has to operate in the same field and if the language of
    the main enactment is clear it cannot be used for the
    purpose of interpreting the main enactment or to exclude
    by implication what the enactment clearly says unless
    the words of the proviso are such that that is its
    necessary effect. (Vide also Toronto Corpn. v. Attorney-
    General of Canada [Toronto Corpn. v. Attorney-
    General of Canada, 1946 AC 32 (PC)] , AC p. 37.)”

    32

    14. The proviso goes on to state that an appeal shall
    lie from such orders passed by the Commercial
    Division of the High Court that are specifically
    enumerated under Order 43 of the Code of Civil
    Procedure
    Code, 1908, and Section 37 of the
    Arbitration Act. It will at once be noticed that orders
    that are not specifically enumerated under Order 43
    CPC
    would, therefore, not be appealable, and
    appeals that are mentioned in Section 37 of the
    Arbitration Act alone are appeals that can be made
    to the Commercial Appellate Division of a High
    Court.

    15. Thus, an order which refers parties to arbitration
    under Section 8, not being appealable under Section
    37(1)(a), would not be appealable under Section 13(1)
    of the Commercial Courts Act. Similarly, an appeal
    rejecting a plea referred to in sub-sections (2) and (3) of
    Section 16 of the Arbitration Act would equally not be
    appealable under Section 37(2)(a) and, therefore, under
    Section 13(1) of the Commercial Courts Act.

    30. In the present case, the impugned order dated 27.06.2025

    only decides the issue of maintainability of the execution petition

    (EXEP No. 1 of 2018). Likewise, the impugned order dated

    10.12.2025 directs provisional attachment of bank accounts of the

    Appellant. The said orders are not appealable either under Order
    33

    XLIII of the CPC or under Section 37 of the Act, 1996. Therefore,

    the present appeals are not maintainable.

    31. Relying on Shah Babulal Khimji (Supra) and D & H

    India Ltd. (Supra), it was vehemently contended on behalf of the

    Appellant that, notwithstanding the bar under Section 13(2) of the

    Act, 2015, the present appeal would be maintainable, as the

    impugned orders have trappings of finality. As such, the same can

    be termed as “judgments”, which are appealable under Clause 15

    of the Letters Patent. According to this Court, the reliance on the

    said decisions is misplaced.

    32. In Shah Babulal Khimji (Supra), the Hon’ble Supreme

    Court held that a Letters Patent Appeal would be maintainable

    even against an interlocutory order if it possesses the trappings of

    finality. However, the Court in subsequent decisions made it clear

    that where a statute expressly or by necessary implication excludes

    the right of appeal under the Letters Patent, no such appeal would

    be maintainable notwithstanding the nature of the impugned order.

    34

    33. In Subal Paul v. Malina Paul 11, the Hon’ble Supreme

    Court held as follows:

    35. In Shah Babulal Khimji case [(1981) 4 SCC 8] the
    Apex Court in no uncertain terms referred to the
    judgment under the special Act which confers additional
    jurisdiction on the High Court even in internal appeals
    from an order passed by the trial Judge to a larger
    Bench. Letters Patent has the force of law. It is no
    longer res integra. Clause 15 of the Letters Patent
    confers a right of appeal on a litigant against any
    judgment passed under any Act unless the same is
    expressly excluded. Clause 15 may be subject to an Act
    but when it is not so subject to the special provision the
    power and jurisdiction of the High Court under clause
    15 to entertain any appeal from a judgment would be
    effective.

    34. A Constitution Bench of the Hon’ble Supreme Court, in

    P.S. Sathappan v. Andhra Bank Ltd. 12, held that Letters Patent

    Appeal can be specifically excluded by a subsequent enactment.

    The relevant paragraph is extracted below:

    30. As such if an appeal is expressly saved by Section
    104(1), sub-section (2) cannot apply to such an appeal.

    11

    (2003) 10 SCC 361
    12
    (2004) 11 SCC 672
    35

    Section 104 has to be read as a whole. Merely reading
    sub-section (2) by ignoring the saving clause in sub-
    section (1) would lead to a conflict between the two sub-
    sections. Read as a whole and on well-established
    principles of interpretation it is clear that sub-section (2)
    can only apply to appeals not saved by sub-section (1) of
    Section 104. The finality provided by sub-section (2)
    only attaches to orders passed in appeal under Section
    104 i.e. those orders against which an appeal under “any
    other law for the time being in force” is not permitted.
    Section 104(2) would not thus bar a letters patent
    appeal. Effect must also be given to legislative intent of
    introducing Section 4 CPC and the words “by any law
    for the time being in force” in Section 104(1). This was
    done to give effect to the Calcutta, Madras and Bombay
    views that Section 104 did not bar a Letters Patent. As
    appeals under “any other law for the time being in
    force” undeniably include a letters patent appeal, such
    appeals are now specifically saved. Section 104 must be
    read as a whole and harmoniously. If the intention was
    to exclude what is specifically saved in sub-section (1),
    then there had to be a specific exclusion. A general
    exclusion of this nature would not be sufficient. We are
    not saying that a general exclusion would never oust a
    letters patent appeal. However, when Section 104(1)
    specifically saves a letters patent appeal then the only
    way such an appeal could be excluded is by express
    mention in Section 104(2) that a letters patent appeal is
    36

    also prohibited. It is for this reason that Section 4 of the
    Civil Procedure Code provides as follows:

    “4. Savings.–(1) In the absence of any specific
    provision to the contrary, nothing in this Code shall be
    deemed to limit or otherwise affect any special or local
    law now in force or any special jurisdiction or power
    conferred, or any special form of procedure prescribed,
    by or under any other law for the time being in force.
    (2) In particular and without prejudice to the
    generality of the proposition contained in sub-section
    (1), nothing in this Code shall be deemed to limit or
    otherwise affect any remedy which a landholder or
    landlord may have under any law for the time being in
    force for the recovery of rent of agricultural land from
    the produce of such land.”

    As stated hereinabove, a specific exclusion may be clear
    from the words of a statute even though no specific
    reference is made to Letters Patent. But where there is
    an express saving in the statute/section itself, then
    general words to the effect that “an appeal would not
    lie” or “order will be final” are not sufficient. In such
    cases i.e. where there is an express saving, there must be
    an express exclusion. Sub-section (2) of Section 104
    does not provide for any express exclusion. In this
    context reference may be made to Section 100-A. The
    present Section 100-A was amended in 2002. The earlier
    Section 100-A, introduced in 1976, reads as follows:

    37

    “100-A. No further appeal in certain cases.–
    Notwithstanding anything contained in any Letters
    Patent for any High Court or in any other instrument
    having the force of law or in any other law for the time
    being in force, where any appeal from an appellate
    decree or order is heard and decided by a Single Judge
    of a High Court, no further appeal shall lie from the
    judgment, decision or order of such Single Judge in such
    appeal or from any decree passed in such appeal.”

    It is thus to be seen that when the legislature wanted
    to exclude a letters patent appeal it specifically did
    so. The words used in Section 100-A are not by way
    of abundant caution. By the Amendment Acts of
    1976 and 2002 a specific exclusion is provided as the
    legislature knew that in the absence of such words a
    letters patent appeal would not be barred. The
    legislature was aware that it had incorporated the
    saving clause in Section 104(1) and incorporated
    Section 4 CPC. Thus now a specific exclusion was
    provided. After 2002, Section 100-A reads as follows:

    “100-A. No further appeal in certain cases.–
    Notwithstanding anything contained in any Letters
    Patent for any High Court or in any instrument having
    the force of law or in any other law for the time being in
    force, where any appeal from an original or appellate
    decree or order is heard and decided by a Single Judge
    of a High Court, no further appeal shall lie from the
    judgment and decree of such Single Judge.”

    38

    To be noted that here again the legislature has
    provided for a specific exclusion. It must be stated
    that now by virtue of Section 100-A no letters patent
    appeal would be maintainable. However, it is an
    admitted position that the law which would prevail
    would be the law at the relevant time. At the relevant
    time neither Section 100-A nor Section 104(2) barred a
    letters patent appeal.

    35. The decision in D & H India Ltd. (Supra) also does not

    help the Appellant. In the said decision, the Delhi High Court held

    that Section 13(1A) of the Act, 2015, shall be read in an expansive

    manner. The relevant paragraph relied upon by the Appellant is

    extracted below:

    “23. On a plain reading, the proviso to Section 13 (1A)
    of the Commercial Courts Act is an enabling, rather than
    a disabling, provision. There is nothing, in the said
    proviso, which would seem to indicate that it dilutes the
    effect of sub-section (1A) of Section 13. If we were to
    read the said proviso as excluding, from the jurisdiction
    of the appellate court, all orders, passed by a
    Commercial Court, save and except those which find
    specific enumeration in Order XLIII of the CPC, it may
    amount to rewriting the proviso to read “Provided
    that no appeal shall lie, except from such orders passed
    by a Commercial Division or the Commercial Court as
    39

    are specifically enumerated under Order XLIII of
    the Code of Civil Procedure
    , 1908 (5 of 1908) as
    amended by this Act and section 37 of the Arbitration
    and Conciliation Act, 1996 (26 of 1996).” We are not
    convinced that the province of our jurisdiction, in the
    present case, allows us to so legislate. To our mind,
    therefore, sub-section (1A) of Section 13 of the
    Commercial Courts Act allows appeals to be
    preferred against all judgements and orders of the
    Commercial Division of the High Court, to the
    Commercial Appellate Division thereof, and the proviso,
    to the said sub-section merely clarifies that, in the case
    of orders specifically enumerated in Order XLIII of
    the CPC
    , such appeals shall lie.”

    36. The subsequent decisions of the Delhi High Court have

    held that the decision in D & H India Ltd. (Supra) does not lay

    down the correct law. In H.P. Cotton Textile Mills Ltd. v.

    Oriental Insurance Co. Ltd. 13, the Delhi High Court held as

    follows:

    7. The learned counsel appearing for the appellant
    contended that the proviso to Section 13(1-A) of the
    Commercial Courts Act
    does not restrict the main
    provision and the same must be read in an expansive

    13
    2023 SCC OnLine Del 511
    40

    manner. He further referred to the decision of a
    Coordinate Bench of this Court in D&H India
    Ltd. v. Superon Schweisstechnik India Ltd. [D&H India
    Ltd.
    v. Superon Schweisstechnik India Ltd., 2020 SCC
    OnLine Del 477] , and drew the attention of this Court
    to paras 44 and 45 of the said decision. In particular, she
    referred to the following observations:

    “44. … We see no reason to exclude orders passed
    by the learned Single Judge, exercising commercial
    jurisdiction, which have not been passed under any of
    the provisions of the CPC, from the expansive sweep of
    Section 13(1-A) of the Commercial Courts Act, within
    which such orders would undoubtedly stand covered.

    45. ∗∗∗

    (iii) The proviso to Section 13(1-A) cannot, in our
    view, be read as limiting the right to appeal, conferred
    by Section 13(1-A). The said proviso merely states that,
    from orders passed by the Commercial Division of the
    High Court, as are specifically enumerated under Order
    43CPC, an appeal would lie under Section 13(1-A). In
    our view, the proviso cannot be read as meaning that no
    appeal would lie in any other case, especially where the
    order under appeal has not been passed under the CPC at
    all, but under Rule 5 in Chapter II of the 2018 Original
    Side Rules.”

    8. The observations, to the effect that Section 13(1-A)
    of the Commercial Courts Act
    has to be read in an
    41

    expansive manner and the proviso to Section 13(1-A)
    cannot be read as limiting the right to appeal
    conferred under Section 13(1-A), are contrary to the
    decision of the Supreme Court in Kandla Export
    Corpn. v. OCI Corpn.[Kandla Export Corpn.
    v. OCI
    Corpn., (2018) 14 SCC 715 : (2018) 4 SCC (Civ) 664]
    It also apparent that the said decision of the Supreme
    Court was not brought to the notice of this Court
    in D&H India Ltd. v. Superon Schweisstechnik India
    Ltd. [D&H India Ltd.
    v. Superon Schweisstechnik
    India Ltd., 2020 SCC OnLine Del 477]

    37. Likewise, in Ramacivil India Construction (P) Ltd. v.

    Union of India 14, the Delhi High Court held as follows:

    36. Similar is the opinion expressed in a judgment by
    another Coordinate Bench of this Court in Synergies
    Casting Ltd. v. National Research Development
    Corpn., 2025 SCC OnLine Del 177. Our view is also
    supported by another Division Bench judgment of this
    Court in Prasar Bharati v. Stracon India Ltd., 2020
    SCC OnLine Del 737, which relies upon Kandla
    Export
    (supra).
    Yet a Division Bench of this Court
    in H.P. Cotton Textile Mills Ltd. v. Oriental Insurance
    Co. Ltd.
    , (2023) 1 HCC (Del) 506, has expressed the
    same view as ours.

    14

    2025 SCC OnLine Del 9140
    42

    37. Reference may also be had to a judgment of a
    Division Bench of the Bombay High Court in Bank of
    India &Anr. v. Maruti Civil Works
    , 2023 SCC OnLine
    Bom 2667, where similar view has been taken.

    38. The appellants, in support of their submission
    regarding maintainability of these appeals, have
    placed heavy reliance on a Division Bench judgment
    of this Court dated 05.07.2020 in Delhi Chemical and
    Pharmaceutical Works Pvt. Ltd. v. Himgiri Realtors
    Pvt. Ltd., EFA (OS) (COMM) NO.
    4/2021.
    However,
    when we examine Delhi Chemical and
    Pharmaceutical
    (supra), what we find is that the same
    is based on yet another Division Bench judgment of
    this Court in D & H India Ltd. v. Superon
    Schweisstechnik India Ltd.
    , 2020 SCC OnLine Del
    477 : (2020) 268 DLT 15 (DB).
    Delhi Chemical and
    Pharmaceutical
    (supra) itself has doubted the
    correctness of the view taken in D & H India
    Ltd.
    (supra).
    However, the Division Bench in Delhi
    Chemical and Pharmaceutical
    (supra) did not feel any
    need to make a reference to the question to a larger
    bench disclosed in the said judgment.
    Paragraph 25 of
    the judgment in Delhi Chemical and
    Pharmaceutical
    (supra) is extracted herein below:–

    “25. Though we, with due deference to the members
    of the Division Bench in D&H India Ltd. supra,
    entertain doubts as to the correctness of the view taken
    43

    in D&H India Ltd. but do not, in the facts of the present
    case, feel the need to make a reference of the question to
    a larger bench; the reason is, that Bhandari Engineers
    & Builders Pvt. Ltd.
    supra, on which the impugned
    orders are based, while laying down the law laid down
    therein, also directs all Courts to abide thereby,
    resulting in plethora of similar challenges as made
    herein and it is deemed expedient to settle the law in that
    regard and which would remain pending if the question
    of maintainability of the appeal were to be referred to a
    larger bench.”

    39. The judgment by Bombay High Court in Bank of
    India
    (supra) has taken a note of the said fact and,
    after considering D & H India Ltd. (supra), held that
    an appeal under Section 13 of the Commercial
    Courts Act, 2015 will be maintainable only against
    the orders which are enumerated or enlisted in
    Order XLIII of the CPC.

    38. The Bombay High Court in Skil-Himachal

    Infrastructure & Tourism Ltd. v. IL&FS Financial Services

    Ltd. 15, has held that only orders which are enumerated under Order

    XLIII of the CPC and which are appealable under Section 37 of the

    Act, 1996, can be appealed under Section 13 of the Act, 2015. The

    Court therein also held that no Letters Patent Appeal would lie

    15
    2022 SCC OnLine Bom 3152
    44

    against orders not covered under Section 13 of the Act, 2015. The

    relevant paragraphs are extracted below:

    52. Our conclusions are:

    52.1 An appeal from an order granting conditional leave
    to defend in a Summons for Judgment in a Commercial
    Summary Suit is not maintainable in view of Section 13
    of the Commercial Courts Act.

    52.2 No appeal under Clause 15 of the Letters Patent is
    maintainable under Section 13 of the Commercial
    Courts Act, i.e., in a Commercial Suit.

    52.3 Section 13 of the Commercial Courts Act permits
    only appeals (i) against decrees; (ii) against orders
    specifically enumerated in Order 43 of the Civil
    Procedure Code, 1908; and (iii) under Section 37 of the
    Arbitration Act.

    39. Relying on the common order dated 18.12.2024 in OSA

    Nos. 3 and 4 of 2024, the Appellant contended that the said appeals

    were filed under Clause 15 of Letters Patent. As the same were

    heard and disposed of, the present appeal is also maintainable. The

    said contention is also liable to be rejected.

    40. The order dated 18.12.2024 in OSA Nos. 3 and 4 of 2024

    was passed based on the consent of the counsel appearing therein.

    45

    Vide the said order, the rights of the parties were not adjudicated.

    The issue of maintainability was not raised and not decided in the

    said order. It is trite that a judicial order passed with the consent of

    the parties does not operate as a binding precedent. In MCD v.

    Gurnam Kaur16, the Hon’ble Supreme Court held as follows:

    10. It is axiomatic that when a direction or order is
    made by consent of the parties, the court does not
    adjudicate upon the rights of the parties nor does it
    lay down any principle. Quotability as “law” applies to
    the principle of a case, its ratio decidendi. The only
    thing in a judge’s decision binding as an authority upon a
    subsequent judge is the principle upon which the case
    was decided. Statements which are not part of the ratio
    decidendi are distinguished as obiter dicta and are not
    authoritative. The task of finding the principle is fraught
    with difficulty because without an investigation into the
    facts, as in the present case, it could not be assumed
    whether a similar direction must or ought to be made as
    a measure of social justice. That being so, the direction
    made by this Court in Jamna Das case [ Writ Petitions
    Nos. 981-82 of 1984] could not be treated to be a
    precedent. The High Court failed to realise that the
    direction in Jamna Das case [ Writ Petitions Nos. 981-
    82 of 1984] was made not only with the consent of the

    16
    (1989) 1 SCC 101
    46

    parties but there was an interplay of various factors and
    the court was moved by compassion to evolve a
    situation to mitigate hardship which was acceptable by
    all the parties concerned.

    41. Further, it is a settled position of law that consent of

    parties cannot confer jurisdiction, where none exists under the law.

    In this regard, we rely on the decisions in Sushil Kumar Mehta v.

    Gobind Ram Bohra 17 and Sarup Singh v. Union of India 18.

    42. Therefore, this Court holds that the present Original Side

    Appeals are not maintainable.

    43. At this stage, it is apposite to advert to I.A. No. 1 of 2026

    filed by the Appellant. Vide the said interlocutory application, the

    Appellant prayed as follows:

    “It is therefore prayed that this Hon’ble Court may be
    pleased to convert the present original side appeal into a
    writ petition and pass such other order or orders as this
    Hon’ble Court may deem fit in the circumstances of the
    case.”

    44. I.A. No. 1 of 2026 is not maintainable. It is no longer res

    integra that a writ petition does not lie against a judicial order

    17
    (1990) 1 SCC 193
    18
    (2011) 11 SCC 198
    47

    passed by the High Court. In Rupa Ashok Hurra v. Ashok

    Hurra19, a Constitution Bench of the Supreme Court held that one

    Bench of the High Court cannot issue a writ to another Bench of

    the High Court. The relevant paragraph is extracted below:

    7. Having carefully examined the historical
    background and the very nature of writ jurisdiction,
    which is a supervisory jurisdiction over inferior
    courts/tribunals, in our view, on principle a writ of
    certiorari cannot be issued to coordinate courts and a
    fortiori to superior courts. Thus, it follows that a
    High Court cannot issue a writ to another High
    Court, nor can one Bench of a High Court issue a
    writ to a different Bench of the same High Court;

    much less can writ jurisdiction of a High Court be
    invoked to seek issuance of a writ of certiorari to the
    Supreme Court. Though, the judgments/orders of High
    Courts are liable to be corrected by the Supreme Court
    in its appellate jurisdiction under Articles 132, 133 and
    134 as well as under Article 136 of the Constitution, the
    High Courts are not constituted as inferior courts in our
    constitutional scheme. Therefore, the Supreme Court
    would not issue a writ under Article 32 to a High Court.
    Further, neither a smaller Bench nor a larger Bench of
    the Supreme Court can issue a writ under Article 32 of
    the Constitution to any other Bench of the Supreme
    19
    (2002) 4 SCC 388
    48

    Court. It is pointed out above that Article 32 can be
    invoked only for the purpose of enforcing the
    fundamental rights conferred in Part III and it is a settled
    position in law that no judicial order passed by any
    superior court in judicial proceedings can be said to
    violate any of the fundamental rights enshrined in Part
    III. It may further be noted that the superior courts of
    justice do not also fall within the ambit of State or other
    authorities under Article 12 of the Constitution.

    45. Likewise, in Neelam Manmohan Attavar v.

    Manmohan Attavar 20, the Hon’ble Supreme Court held as

    follows:

    11. Having heard the petitioner who appears in
    person and Mr Balaji Srinivasan, learned counsel
    appearing on behalf of the Legal Representatives of
    the original respondent, we are of the view that a
    writ petition under Article 226 of the Constitution
    would not be maintainable in order to challenge an
    order which has been passed by the High Court in
    the exercise of its judicial powers. In the present case,
    the High Court has exercised its revisional
    jurisdiction. Merely assailing the order as an order
    which is void would not enable a litigant to avoid the
    consequences which emanate from the order, by
    instituting a writ petition under Article 226. A litigant

    20
    (2021) 16 SCC 536
    49

    is not without her remedies. An order which has been
    passed by the High Court can either be assailed in a
    letters patent appeal (in those cases where the remedy of
    a letters patent appeal is available in law) or by way of a
    review (where the remedy of a review is available in a
    certain class of matters). A remedy is available to a
    litigant against a judicial order of the High Court passed
    in revisional proceedings, under Article 136 of the
    Constitution before this Court.

    46. Before concluding, we cannot help but notice the

    contradictory stands taken by the Appellant. Before the learned

    Single Judge, the Appellant contended that no Commercial

    Division could have been constituted by this Court under Section 4

    of the Act, 2015. According to the Appellant, under Section 4(1) of

    the Act, 2015, only High Courts exercising ordinary original civil

    jurisdiction can constitute a Commercial Division. Since this Court

    does not exercise such jurisdiction, no Commercial Division could

    have been constituted. Therefore, the execution petition (EXEP No.

    1 of 2018) was not maintainable. However, in its Counter Affidavit

    filed in reply to I.A. No. 4 of 2025, the Appellant does not dispute

    the applicability the Act, 2015, insofar as the maintainability of the

    present appeals are concerned.

    50

    47. Notwithstanding the stands taken by the Appellant, we

    intend to clarify that a Commercial Division has been constituted

    by this Court under Section 4(1) of the Act, 2015. Vide notification

    bearing Notification No. 18/SO/2016 and proceeding bearing

    R.O.C. No. 850/SO/2015 dated 08.06.2016, a Commercial

    Division was constituted in the then High Court of Judicature at

    Hyderabad for the State of Telangana and the State of Andhra

    Pradesh. The said notification is extracted below:

    48. Likewise, vide notification bearing Notification No.

    19/SO/2016 dated 08.06.2016, a Commercial Appellate Division

    was also constituted. The said notification is extracted below:

    51

    49. It is pertinent to note that Section 4(1) of the Act, 2015,

    was amended in 2018, w.e.f., 03.05.2018. Prior to the amendment,

    High Courts exercising “ordinary civil jurisdiction” could have

    constituted a Commercial Division. However, after the 2018

    amendment, the phrase “ordinary civil jurisdiction” was amended

    to “ordinary original civil jurisdiction”. For the sake of

    convenience, Section 4(1) of the Commercial Courts Act, 2015, as

    it stood prior to the amendment and as it stands after the

    amendment, is extracted below:

    Before the 2018 Amendment After the 2018 Amendment

    4. Constitution of Commercial 4. Constitution of Commercial
    Division of High Court.–(1) In Division of High Court.–(1) In
    52

    all High Courts, having all High Courts, having
    ordinary civil jurisdiction, the ordinary original civil
    Chief Justice of the High Court jurisdiction, the Chief Justice of
    may, by order, constitute the High Court may, by order,
    Commercial Division having constitute Commercial Division
    one or more Benches consisting having one or more Benches
    of a single Judge for the purpose consisting of a single Judge for
    of exercising the jurisdiction and the purpose of exercising the
    powers conferred on it under jurisdiction and powers
    this Act. conferred on it under this Act.

    (2) The Chief Justice of the (2) The Chief Justice of the
    High Court shall nominate such High Court shall nominate such
    Judges of the High Court who Judges of the High Court who
    have experience in dealing with have experience in dealing with
    commercial disputes to be commercial disputes to be
    Judges of the Commercial Judges of the Commercial
    Division. Division.

    50. The Commercial Division of this Court was constituted

    prior to the 2018 amendment to the Act, 2015. Further, the

    execution petition (EXEP No. 1 of 2018) was filed on 29.03.2018,

    i.e., prior to the 2018 amendment of the Act, 2015. Therefore, the

    Appellant is precluded from contending that no Commercial

    Division could have been constituted by this Court.

    51. Notwithstanding the phraseology employed in the

    amended Section 4(1) of the Act, 2015, the constitution of a

    Commercial Division in High Courts not exercising “ordinary
    53

    original civil jurisdiction” is imperative to give effect to Section

    2(1)(e) of the Act, 1996, and Sections 10(1) of the Act, 2015. For

    the sake of convenience, Section 2(1)(e) of the Act, 1996 and

    Section 10 of the Act, 2015, are extracted below:

    2 (1) (e) “Court” means–

    (i) in the case of an arbitration other than international
    commercial arbitration, the principal Civil Court of
    original jurisdiction in a district, and includes the High
    Court in exercise of its ordinary original civil
    jurisdiction, having jurisdiction to decide the questions
    forming the subject-matter of the arbitration if the same
    had been the subject-matter of a suit, but does not
    include any Civil Court of a grade inferior to such
    principal Civil Court, or any Court of Small Causes;

    (ii) in the case of international commercial arbitration,
    the High Court in exercise of its ordinary original civil
    jurisdiction, having jurisdiction to decide the questions
    forming the subject-matter of the arbitration if the same
    had been the subject-matter of a suit, and in other cases,
    a High Court having jurisdiction to hear appeals
    from decrees of courts subordinate to that High
    Court

    10. Jurisdiction in respect of arbitration matters.–

    Where the subject-matter of an arbitration is a
    commercial dispute of a Specified Value and–

    54

    (1) If such arbitration is an international commercial
    arbitration, all applications or appeals arising out of
    such arbitration under the provisions of the
    Arbitration and Conciliation Act, 1996 (26 of 1996)
    that have been filed in a High Court, shall be heard
    and disposed of by the Commercial Division where
    such Commercial Division has been constituted in
    such High Court.

    (2) If such arbitration is other than an international
    commercial arbitration, all applications or appeals
    arising out of such arbitration under the provisions of the
    Arbitration and Conciliation Act, 1996 (26 of 1996) that
    have been filed on the original side of the High Court,
    shall be heard and disposed of by the Commercial
    Division where such Commercial Division has been
    constituted in such High Court.

    (3) If such arbitration is other than an international
    commercial arbitration, all applications or appeals
    arising out of such arbitration under the provisions of the
    Arbitration and Conciliation Act, 1996 (26 of 1996) that
    would ordinarily lie before any principal civil court of
    original jurisdiction in a district (not being a High Court)
    shall be filed in, and heard and disposed of by the
    Commercial Court exercising territorial jurisdiction over
    such arbitration where such Commercial Court has been
    constituted.

    55

    52. As is evident from the above provisions, under Section

    2(1)(e) of the Act, 1996, the expression “Court”, in relation to

    matters pertaining to international commercial arbitrations, is the

    jurisdictional High Court. Correspondingly, Section 10(1) of the

    Act, 2015 mandates that all applications or appeals pertaining to an

    international commercial arbitration shall be heard and disposed of

    by the Commercial Division of the High Court. Thus, a conjoint

    reading of Section 2(1)(e) of the Act, 1996, and Section 10(1) of

    the Act, 2015, indicates that the applications and appeals arising

    out of an international commercial arbitration are required to be

    heard by the Commercial Division of the High Court.

    53. In this regard, gainful reference can be made to the

    decision of the High Court of Karnataka in ITI Ltd. v. Alphion

    Corpn. 21 and the decision of the High Court of Andhra Pradesh in

    Rashtriyalspat Nigam Ltd. v. Air Liquide India Holding (P)

    Ltd. 22. Both the decisions hold that a Commercial Division can be

    constituted even by those High Courts which do not exercise

    “ordinary original civil jurisdiction”.

    21

    2022 SCC OnLine Kar 1631
    22
    2024 SCC OnLine AP 4121
    56

    54. In ITI Ltd. (Supra), the High Court of Karnataka held as

    follows:

    27. In terms of sub-Clause (1) of Section 10, where a
    Commercial Division is constituted in the High
    Court, all applications or appeals arising out of
    International Commercial Arbitration would have to
    be filed in the Commercial Division where such
    Commercial Division has been constituted by such
    High Court as regards arbitration other than
    International Commercial Arbitration.

    28. In terms of sub-Clause (2) of Section 10, if
    arbitration is other than an International Commercial
    Arbitration, all applications or appeals would have to be
    filed on the original side of the High Court which shall
    be heard and disposed of by the Commercial Division
    where such Commercial Division has been constituted in
    the High Court.

    29. In all other cases, where such arbitration is other
    than an International Commercial Arbitration, where
    there is no Commercial Division created, all applications
    or appeals would lie before any Principal Civil Court of
    original Jurisdiction in a district shall be heard and
    disposed by the Commercial Court exercising territorial
    Jurisdiction over such arbitration where such
    commercial Court has been constituted

    30. Thus, it is clear that
    57

    30.1 Any challenge to an arbitral award other than an
    International Commercial Arbitration, for convenience,
    referred to as a Domestic Arbitral Award would have to
    be made before the Commercial Court or a Commercial
    Division of the High Court if created.

    30.2 In respect of International Commercial
    Arbitration, the same would have to be filed before a
    Commercial Division where it has been constituted.

    31. The problem arises on account of Section 10 not
    adverting to a situation where a Commercial Division
    has not been constituted. As referred to supra, a
    Commercial Division is required to be constituted in
    all High Courts exercising Ordinary Original Civil
    Jurisdiction in terms of Section 4 of C.C. Act.

    Neither Section 4 of CC Act nor any other provision
    provides for the constitution of a Commercial
    Division by High Court not having Ordinary
    Original Civil Jurisdiction.

    32. It is due to this that confusion has been created in
    the State of Karnataka. Since the High Court of
    Karnataka does not exercise Ordinary Original Civil
    jurisdiction and as such, no Commercial Division has
    been established. However, a Commercial Appellate
    Jurisdiction has been established in terms of Section
    5 of the C.C. Act.

    XXXXX

    41. Section 10 refers to applications or appeals arising
    out of International Commercial Arbitration to be filed
    58

    before the Commercial Division, which in terms of
    Section 4 is a single judge. Unfortunately, in the year
    2018, when an amendment was made to Section 4, the
    words “Ordinary Civil Jurisdiction” was replaced
    with “Ordinary Original Civil Jurisdiction”, which has
    resulted in this anomaly.

    42. Insofar as the State of Karnataka, the High Court of
    Karnataka does not exercise Ordinary Original Civil
    Jurisdiction. Section 4 of CC Act, though provides for
    the establishment of a Commercial Division in the High
    Court exercising Ordinary Original Civil Jurisdiction,
    does not bar such establishment in a High Court not
    exercising Ordinary Original Civil Jurisdiction. More so
    when Section 4 of the CC Act deals with the Challenge
    to a Domestic Arbitral Award.

    43. Section 10 of CC Act requires an application or an
    Appeal as regards an International Commercial
    Arbitration to be filed before the Commercial Division.
    Section 10 of the CC Act, does not distinguish between
    a High Court exercising Ordinary Original Civil
    Jurisdiction from a High Court, which does not so
    exercise.

    44. A meaningful reading when given to the said
    provisions would lead to the irresistible conclusion
    that even in so far as the High Court not exercising
    Ordinary Original Civil Jurisdiction, a Commercial
    59

    Division is required to be established for purposes of
    consideration of applications and appeals arising out
    of International Commercial Arbitrations.

    45. Such Commercial Divisions would have to be
    constituted comprising of Single Judges which would
    give meaning and purport to Clause (1) of Section 10
    of C.C. Act, thereby any application or appeal in
    respect of International Commercial Arbitration
    could be filed before the Commercial Division and in
    the event of Challenge required to be made to the
    orders passed by the Commercial Division, the same
    could be filed before the Commercial Appellate
    Division constituted under Section 5 of CC Act.

    XXXXX

    51. Hence, we answer the questions raised as under:

    51.1 A challenge to an award passed in an International
    Commercial Arbitration can be made before the High
    Court of Karnataka in view of Section 2 (e)(ii) of the A
    & C Act, 1996.

    51.2 In terms of Section 10 (1) if the CC Act, a
    challenge to an International Commercial Arbitral
    Award would have to be considered by a
    Commercial Division established in the High Court
    consisting of a Single Judge.

    60

    55. In Rashtriyalspat Nigam Ltd. (Supra), the High Court

    of Andhra Pradesh held as follows:

    21. Under this Section, the Commercial Division would
    consist of only single judges of that High Court. Further,
    a Commercial Division can be constituted only in a High
    Court having Ordinary Original Civil Jurisdiction.

    Section 10 (2) of the Commercial Courts Act also speaks
    of the Commercial Division hearing matters which have
    been filed on the original side of that High Court.
    Section 4 does not permit constitution of a commercial
    division in a High court which does not have Ordinary
    Original Civil Jurisdiction. This would lead to one
    difficulty. Section 10 (1) of the commercial Courts Act,
    requires applications and appeals from international
    arbitrations to be filed before the commercial Division
    of the High Court. If no such commercial divisions can
    be formed, under section 4 of the Commercial Courts
    Act, an aggrieved party would have no remedy against
    any award or other proceeding, in an international
    commercial arbitration. The only way this conundrum
    can be resolved is by holding that a commercial
    division constituted in a High court, which does not
    have Ordinary Original Civil Jurisdiction, can take
    up matters relating only to international arbitrations
    and not in relation to domestic arbitration.

    61

    22. The High Court of Andhra Pradesh does not have
    Ordinary Original Civil Jurisdiction. However, a
    Commercial Division has been constituted, in the High
    court of Andhra Pradesh, by a notification dated
    08.06.2016, which was published on 10.06.2016. It must
    also be noted that, this notification had been issued prior
    to the amendment of the Commercial Courts Act in
    2018, wherein the words “Ordinary Original civil
    Jurisdiction” were added to the Statute. Consequently,
    the commercial division created in the High Court of
    Andhra Pradesh cannot hear appeals arising out of
    Section 37 of the Arbitration Act, in domestic
    arbitrations, either on the original side or by the
    commercial division constituted in the High Court.

    XXXXX

    26. The learned Senior Counsel appearing for the
    appellant relied upon a Division Bench of the Hon’ble
    High Court of Karnataka in ITI Ltd. v. Alphion
    Corporation United States of America. This judgment
    came to be rendered in a case where an objection was
    taken on the maintainability of a commercial appeal
    under Section 34 of the Arbitration Act, in an
    international commercial dispute, before the commercial
    appellate division of the Hon’ble High Court of
    Karnataka. The objection raised, in this regard, was that
    the application under Section 34 of the Arbitration Act
    should have been heard by the commercial division of
    62

    the Hon’ble High Court of Karnataka and not the
    Commercial Appellate Division.

    27. The Division Bench of the Hon’ble High Court of
    Karnataka, had gone into the question of whether the
    High Court of Karnataka which does not exercise
    ordinary original civil jurisdiction, can establish a
    commercial division and whether, the commercial
    appellate division established in terms of Section 5 of
    the commercial Courts Act could exercise powers over
    such international commercial arbitral awards. This
    Judgment is in accordance with the interpretation placed
    by this court on the provisions of the Arbitration Act and
    the Commercial Courts Act
    .

    28. The question of the pecuniary jurisdiction of the
    District courts, under the Andhra Pradesh Civil Courts
    Act
    , would not be relevant. The Jurisdiction of the
    Commercial Courts is created under the Commercial
    Courts Act
    and not under the Civil Courts Act. The
    District Judge rank officer is not sitting as a District
    Court, in a commercial dispute falling within the ambit
    of the Commercial Courts Act. He would be sitting as a
    Commercial Court, whose pecuniary jurisdiction is fixed
    under the Commercial Courts Act. We are also of the
    opinion that the reply of the respondent, set out in
    paragraph 11 of this order, is an answer to the
    contentions of the Appellant, set out in paragraph 10 of
    this order.

    63

    29. The principles that can be adduced, from the above
    consideration are:

    A. A High Court which does not have ordinary Original
    Civil jurisdiction, cannot, ordinarily, constitute a
    Commercial Division, under Section 4 of the
    Commercial Courts Act.

    B. However, a High Court, which does not have
    Ordinary Original Civil jurisdiction, can constitute a
    commercial Division for the purposes of hearing
    matters only in relation to International arbitrations,
    as set out in Section 10 (1) of the Commercial Courts
    Act.

    ………..

    56. Therefore, in relation to international commercial

    arbitrations, we hold that a Commercial Division can be

    established even by those High Courts which do not exercise

    “ordinary original civil jurisdiction”.

    57. In the light of the aforesaid discussion, we hold as

    follows:

    i. OSA No. 2 of 2025 is dismissed as not maintainable.

    ii. OSA No. 1 of 2026 is also dismissed as not maintainable.

    iii. There is no order as to costs.

    64

    Consequently, pending miscellaneous petitions, if any, in
    these appeals, shall stand closed.

    _____________________
    K. LAKSHMAN, J

    ____________________________
    B.R. MADHUSUDHAN RAO, J

    Date:03.08.2026.

    Note: L.R.Copy to be marked.

    b/o. vvr.



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