Shakir vs. Premier Carworld Private Limited

Facts

The Appellant, Shakir, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order dated November 20, 2025, passed by the learned District Judge (Commercial Court). The impugned order dismissed the Appellant's application filed under Order XVI Rule 1 & 6 of the CPC, which sought to summon witnesses from the GST Department. The appeal was heard by the Delhi High Court. During the hearing, the Court questioned the maintainability of the appeal under Section 13 of the Commercial Courts Act. Subsequently, the Appellant's counsel sought to withdraw the appeal.

Held

The Court did not make a substantive finding on the maintainability of the appeal under Section 13 of the Commercial Courts Act, 2015. Instead, the Appellant's counsel sought to withdraw the appeal. Consequently, the Court dismissed the appeal as withdrawn. The Court clarified that this dismissal would not preclude the Appellant from raising the grounds argued in this appeal in any future challenge to the final judgment of the underlying commercial suit, CS (COMM) 634/22. No specific issue regarding GST provisions or the GST Department's actions was decided on merits.

Key Issues

1. Whether the appeal filed under Section 13 of the Commercial Courts Act, 2015, is maintainable against an order of the District Judge (Commercial Court) dismissing an application for summoning witnesses from the GST Department. The Appellant argued that the appeal was maintainable under Section 13 of the Commercial Courts Act, 2015, which allows appeals against certain orders passed by Commercial Courts. The Appellant sought to summon witnesses from the GST Department to support their case in the underlying commercial suit. The Respondent (Revenue/State) did not appear or present any arguments in the High Court.