Report No. 188

7. Statutory right of appeal to the Supreme Court of India against decrees and certain orders of the Commercial Division

There shall be a statutory right of appeal to the Supreme Court of India subject to such rules as may be made by the Supreme Court including rules for listing them for preliminary hearing against decrees or final orders of Commercial Division. Statutory appeals to the Supreme Court shall also lie against interlocutory orders passed by the Commercial Division of the specific categories referred to in Order XLIII of the Code of Civil Procedure, 1908.

However, a statutory appeal will not be available against other interlocutory orders or orders in execution but such orders can be challenged only under Article 136 of the Constitution of India.