CR-1979-2023 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CR-1979-2023 Date of decision : 03.09.2025 Omesh Dhown ... Petitioner Versus M/s Orris Infrastructure Private Limited ... Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.Varun Kathuria, Advocate for the petitioner. Mr. Surjeet Bhadu, Advocate and Mr.Veer Singh, Advocate for the respondent. VIKAS BAHL, J.(ORAL) 1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 17.01.2023 (Annexure P-17) passed by the Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court at Gurugram, vide which the application of the petitioner-plaintiff under Order XIII A of the Commercial Curts Act, 2015 has been dismissed. 2. Learned counsel for the respondent has submitted that the present revision petition is barred under Section 8 of the Commercial Courts Act, 2015. Section 8 of the Commercial Courts Act, 2015 is reproduced Davinder Kumar 2025.09.04 16:27 I attest the accuracy and authenticity of this order / judgment CR-1979-2023 2 hereinbelow:- “8. Bar against revision application or petition against an interlocutory order. Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court.” 3. It is further submitted by learned counsel for the respondent that as per the abovesaid provision, in case the petitioner is aggrieved with an interlocutory order passed in the case, then it is open to the petitioner to challenge the same by filing an appeal against the decree of the Commercial Court in case the decree is against the petitioner. 4. Learned counsel for the petitioner has submitted that in view of the above, the petitioner be permitted to withdraw the present petition with liberty to challenge the order dated 17.01.2023 along with an appeal to be filed against the decree in case need arises and in case the judgment of the Commercial Court is against the petitioner. 5. In view of the above, the present petition is dismissed as withdrawn with the aforesaid liberty. (VIKAS BAHL) JUDGE September 03, 2025. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No Davinder Kumar 2025.09.04 16:27 I attest the accuracy and authenticity of this order / judgment