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M/S Siddhivinayak Coal Carriers Pvt. Ltd. vs. Coal India Limited & Ors.

First Appeal from Order (Original Side, Commercial) · 2026:DHC:8877-DBDecided 6 Oct 2026New Delhi Bench
FAO(OS) (COMM) 248/2026CNR: DLHC010438912026
Justice Dinesh Mehta · Dr. Justice Aditi Choudhary

Background

A coal transportation company's summary suit against Coal India (filed under Order XXXVII CPC for quick recovery) was converted by a Single Judge into a regular suit because it didn't meet the requirements for summary procedure. The company appealed that conversion order, but neither side appeared when the appeal was taken up.

Decision Breakdown

The Division Bench held that an appeal under Section 13 of the Commercial Courts Act, 2015 only lies against orders specifically listed in Order XLIII of the CPC or Section 37 of the Arbitration Act, relying on Supreme Court authority (Kandla Export Corporation) confirming this is an exhaustive, not illustrative, list. Since an order converting a summary suit into a regular suit isn't among the orders listed in Order XLIII, the appeal was dismissed as not maintainable.

Lesson Learnt

Not every unfavourable order in a commercial suit can be appealed immediately, only the specific categories of orders listed in law are appealable, so always check maintainability before filing an appeal, especially against procedural orders.

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