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Judgment
This appeal purportedly under Section 13 of the Commercial Courts Act, 2015 has been filed aggrieved by the order dated 07.09.2022 passed by Commercial Court No.2, Jodhpur, whereby, exercising powers under Section 51 (d) CPC a receiver has been appointed in relation to vehicle of the appellant.
Office has indicated 14 defects including defect that the appeal is barred by 116 days and an application under Section 5 of the Limitation Act has been filed.
As noticed, the order impugned has been passed exercising powers under Section 51 (d) CPC.
Proviso to Section 13 (1) of the Commercial Courts Act provides that appeal would lay from such orders passed by Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII CPC and Section 37 of the Arbitration and Conciliation Act, 1996 and Sub Section (2) of the Section 13 provides that notwithstanding anything contained in any other law for the time being in force no appeal shall lie from any order or decree of Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act. As no appeal has been provided against order passed under Section 51 (d) CPC under Order XLIII CPC, the present appeal is not maintainable.
The same is, therefore, dismissed. Leaving it open for the appellant to take appropriate proceedings in accordance with law.