I.P.MUKERJI,J. - (1.) The point of maintainability is raised by the respondents.
(2.) This appeal arises out of a judgment and order dated 10th May 2018 passed by a learned single judge of this court dismissing the application (GA No. 960 of 2018) of the added defendant, the appellant for striking off its name from the array of parties.
(3.) The respondents say that the appeal is not maintainable under section 13 of the Commercial Courts Act, 2015. Section 13 is set out hereunder: "13. Appeals from decrees of Commercial Courts and Commercial Divisions [(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. (1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order: PROVIDED that an appeal shall lie from such orders passed by a commercial Division or a Commercial Court that 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).] (2) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act." ;