Vinoo Mukkadan @ Vinoo Sebastian Mukkadan vs M/S. DLF Southern Towns Private Limited

Syam Kumar V. M., J.

In view of the decision of this Court in Y. Sleebachen v. State of Kerala^{11.2024 (4) KLT 449}, an appeal filed challenging the order of the Commercial Court below the level of a District Judge in territories over which High Court has no ordinary original Civil jurisdiction cannot be challenged before the High Court and must be challenged before Commercial Appellate Court designated under Section 3A at the District Judge level by invoking Section 13(1). Thus, the appeal from the order dated 30.10.2025 in O.P. (Arb) No. 84 of 2022 of the Commercial Court–II, Ernakulam, is to be preferred in the jurisdictional District Court. Liberty is hereby granted to the appellant to seek return of the original files from the Registry and to present the same before the jurisdictional District Court for consideration.

The Registry is directed to return the files along with the court fee.

The period spent by the appellant before this Court shall not be taken into consideration while entertaining the matter before the District Court.