Plaintiff is before this Court in this writ petition filed
under Article 227 of the Constitution of India with a prayer
to quash the order at Annexure-L dated 03.02.2026
passed on IA No.IV in Commercial O.S.No.32/2025 by the
Court of Principal District Judge and Commercial Court at
Kalaburagi.
2. Registry has raised an office objection with
regard to maintainability of this writ petition on the ground
that petitioner has an alternate efficacious remedy against
the impugned order under Section 13(1A) of the
Commercial Courts Act, 2015 (hereinafter referred to as
‘Act of 2015’).
3. Learned Senior counsel Sri Ameetkumar
Deshpande appearing for the petitioner submits that in
view of the proviso to Section 13(1A) of the Act of 2015,
only appeals as provided under Order XLIII of the Code of
NC: 2026:KHC-K:2249
HC-KAR
Civil Procedure, 1908 (CPC) and Section 37 of the
Arbitration and Conciliation Act, 1996 would lie to the
Commercial Appellate Division of this Court. The order
impugned is not appealable under Order XLIII of CPC and
therefore this writ petition is maintainable.
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