Section 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 13 is the appeal section of the Act. It sends appeals from a Commercial Court below the level of a District Judge to the Commercial Appellate Court within sixty days, and appeals from a District Judge level Commercial Court or a Commercial Division to the Commercial Appellate Division of the High Court. A proviso lists which orders are appealable, and sub-section (2) closes every other route. This article reads the section as amended up to 3 May 2018, as per the text consulted, for litigants who need legal dispute resolution help at the appeal stage.
A person aggrieved by the judgment or order of a Commercial Court below District Judge level may appeal to the Commercial Appellate Court within sixty days of the judgment or order. For a Commercial Court at District Judge level or a Commercial Division, the appeal goes to the Commercial Appellate Division, but the period in sub-section (1A) is misprinted in the text consulted ("six! days"), so check the official text. Orders appealable are those specifically enumerated under Order XLIII of the Code as amended by the Act and section 37 of the Arbitration and Conciliation Act, 1996. No other appeal lies.
Sub-section (1): below the level of a District Judge
"Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order."
- Who may appeal. "Any person aggrieved", not only a party named in the case.
- What may be appealed. A "judgment or order" of the Commercial Court.
- Where. The Commercial Appellate Court designated under section 3A.
- When. Within sixty days from the date of the judgment or order, as printed.
The sub-section is printed within quotation marks and the period is marked as amended in 2018; it carries the typed slips "liom" and "ofjudgment", which do not change the meaning.
Sub-section (1A): District Judge level and High Court Commercial Division
"Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of six! days from the date of the judgment or order."
The misprint
The period is printed as "six! days". That is an evident misprint in the text consulted. It reads like sixty days, which is the period printed in sub-section (1). This article does not correct the text: quote it as printed, and check the official text of section 13(1A) for the period before relying on any date.
The proviso: which orders are appealable
"Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996."
Order XLIII of the Code and section 37 of the Arbitration and Conciliation Act, 1996 are named only; their lists are not in the source and none is reproduced here. The proviso means that, for interlocutory orders in particular, the question is whether the order is on a list in one of those two places. For the general idea of appeals under the Code, see our guide to appeal under the CPC, which describes the general rule and not the commercial-suit version.
Sub-section (2): no other appeal
"Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act."
This is a closing rule. Whatever another law or the Letters Patent of a High Court might otherwise allow, an appeal from an order or decree of a Commercial Division or Commercial Court lies only as the Act provides. It sits beside section 8 (no revision against interlocutory orders) and section 12(3) (no appeal or revision from an order finding jurisdiction). See our article on sections 8, 9 and 11.
The two routes in a table
| Question | Sub-section (1) | Sub-section (1A) |
|---|---|---|
| Court that decided | Commercial Court below the level of a District Judge | Commercial Court at the level of District Judge exercising original civil jurisdiction, or a Commercial Division of a High Court |
| Appeal lies to | Commercial Appellate Court | Commercial Appellate Division of that High Court |
| Period as printed | Sixty days from the date of judgment or order | "six! days" (misprint; check the official text) |
| Which orders | Judgment or order | The proviso: orders enumerated under Order XLIII of the Code as amended by the Act and section 37 of the Arbitration and Conciliation Act, 1996 |
The proviso is printed after sub-section (1A); read it as the test of which orders can be appealed. The text does not state in so many words whether the proviso also governs sub-section (1), so if the appeal is to the Commercial Appellate Court, take advice on the point.
Time for disposal
Section 14 says the Commercial Appellate Court and the Commercial Appellate Division shall endeavour to dispose of appeals within six months from the date of filing. Our article on sections 14 and 17 to 20 explains it.
Practical steps
- Note the date of the judgment or order and compute the period at once; use sixty days only for sub-section (1) and verify the period for sub-section (1A).
- Identify the court that passed the order, to pick the right appellate forum: Commercial Appellate Court or Commercial Appellate Division.
- For an interlocutory order, check whether it appears in the list the proviso refers to.
- Prepare the memorandum of appeal, drawing on the general guidance in our post on the memorandum of appeal under the CPC.
Example. Prism Chemicals Ltd loses a commercial suit before a Commercial Division of a High Court and wishes to challenge the decree. Section 13(1A) tells it to appeal to the Commercial Appellate Division. Its lawyers read the official text of sub-section (1A) to confirm the period, since the copy consulted prints it with a misprint, and they diarise the filing date from the date of the judgment.
Points to check in the text
- "six! days" in sub-section (1A) is misprinted; the period must be checked in the official text.
- The text names Order XLIII and section 37 only; it does not list the orders.
- Sub-sections (1) and (1A) are printed within quotation marks and carry the 2018 marking.
- No provision of the Act, as printed, describes extension of the appeal period.
Need help with an appeal in a commercial case?
Short periods and a closed list of appealable orders leave little room for error. Our legal dispute resolution page explains how we help parties plan and file appeals in commercial disputes.
Key takeaways
- Appeals from a Commercial Court below District Judge level go to the Commercial Appellate Court within sixty days.
- Appeals from a District Judge level Commercial Court or a Commercial Division go to the Commercial Appellate Division; the period printed in sub-section (1A) is misprinted and must be checked.
- The proviso ties appealable orders to Order XLIII of the Code as amended by the Act and section 37 of the Arbitration and Conciliation Act, 1996.
- No other appeal lies from an order or decree of a Commercial Division or Commercial Court.
Read next
- Section 3A: designation of Commercial Appellate Courts
- Section 5: Commercial Appellate Division
- Sections 8, 9 and 11: bar on revision and bar of jurisdiction
- Limitation period for filing suits and appeals
Disclaimer: Based on a text of the Commercial Courts Act, 2015 as amended up to 3 May 2018 and on the Ninth Schedule to the Mediation Act, 2023 as enacted, as consulted on 2 October 2026. Later amendments, the current Specified Value, the pre-institution mediation rules and High Court rules should be checked. This article is general information, not legal advice; check the official text before acting.