Report No. 188
Statutory appeals to Supreme Court:
It is recommended that there shall be a statutory right of appeal to the Supreme Court of India against decrees passed by the Commercial Division and against orders passed by that Division of the specific category referred to in Order XLIII of the Code of Civil Procedure subject to such rules as may be made by the Supreme Court including rules for listing the appeals for preliminary hearing. We are proposing these statutory appeals because it is axiomatic that there should at least be one appeal against a decree in the suit both on questions of fact and law, particularly when the stakes are so high as in commercial cases.
Further, appeals against interlocutory orders available in suits where the value of the subject matter is below Rs. 1 crore, should also be available in the case of interlocutory matter passed by the Commercial Division in original suits of the high pecuniary value proposed. But, as is normally the case in all such first appeals to the Supreme Court, the Supreme Court Rules generally require the matter to be listed for preliminary hearing. These proposals for statutory appeal are however subject to some exceptions.
We do not statutory appeal where appeals against original decrees or appeals/revision applications against orders are disposed of by the Commercial Division. We do not propose to provide a statutory appeal against interlocutory orders or orders passed by the Commercial Division in execution but we leave such orders to be challenged only under Article 136 of the Constitution of India.