Case Title:- MITC ROLLING MILLS PRIVATE LIMITED AND ANR. vs. M/S. RENUKA REALTORS AND ORS.
Citation:- 2025 INSC 1300
Date:- 10.11.2025
Hon’ble Supreme Court Bench:- JUSTICE VIKRAM NATH and JUSTICE SANDEEP MEHTA
The Hon’ble Supreme Court, while clarifying procedural law under the Commercial Courts Act, 2015 (“Act”), held that an order allowing an application for rejection of a plaint amounts to a decree and is therefore appealable under Section 13(1A) of the Act. However, an order rejecting such an application is not appealable under the same provision and can instead be challenged through a revision or a petition under Article 227 of the Constitution, as the case may be.
- The Hon’ble Court set aside the Hon’ble Bombay High Court’s decision. The case began when a company filed a commercial suit for ₹2.5 crore. The defendant asked the trial court to reject the plaint under Order VII Rule 11 CPC, saying the company had not completed the mandatory Pre-Institution Mediation process.
- The trial court agreed with the defendant and rejected the plaint. The plaintiff then appealed to the Hon’ble Bombay High Court under Section 13(1A) of the Act. The Hon’ble High Court dismissed the appeal, saying that such an order (rejecting a plaint) is not listed under Order XLIII CPC, so it cannot be appealed under Section 13(1A).
- The Hon’ble Supreme Court disagreed, explaining that Section 13(1A) allows appeals against any “judgment or order.” The proviso only limits appeals for interlocutory (temporary) orders mentioned in Order XLIII, not for final orders like a decree.
- The Hon’ble Court said that when a plaint is rejected, it ends the suit, which makes it a final order (a decree), hence, appealable. But when an application to reject a plaint is refused, it is only an interlocutory order, and not appealable.
- The Hon’ble Supreme Court also clarified that its decision is different from the Bank of India v. Maruti Civil Works (2023) case, where the order only refused to reject a plaint, not actually rejected it.
- Finally, the Hon’ble Court allowed the appeal, restored the case before the Bombay High Court, and confirmed that orders rejecting a plaint are appealable under Section 13(1A) of the Commercial Courts Act, 2015.
