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A defendant appeals from a decree of a Commercial Court at District Judge level to the Commercial…

An appeal under section 13(1A) must be filed within sixty days of judgment or order. Section 5 is not excluded merely because this is a commercial appeal: sufficient cause…

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A defendant appeals from a decree of a Commercial Court at District Judge level to the Commercial Appellate Division of the High Court under section 13(1A) of the Commercial Courts Act, 2015. Which statement is correct?

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Answer and explanation

Correct answer C

An appeal under section 13(1A) must be filed within sixty days of judgment or order. Section 5 is not excluded merely because this is a commercial appeal: sufficient cause may justify condonation, with expedition informing discretion. The appellate forum is the Commercial Appellate Division, while the Commercial Division has original jurisdiction. See section 13(1A) of the Commercial Courts Act, 2015, sections 5 and 29(2) of the Limitation Act, 1963, and Government of Maharashtra v. Borse Brothers Engineers & Contractors Pvt. Ltd. (2021).

Option feedback

Option A

The special sixty-day section 13(1A) period governs.

Option B

Section 5 is not categorically excluded.

Option C

The special sixty-day period applies with possible sufficient-cause condonation.

Option D

Section 13(1A) expressly prescribes a period.

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