Archive · 20 Jan 2026
Punjab and Haryana HC upholds right to challenge interim commercial court orders
The Punjab and Haryana High Court recently made an important decision about commercial court orders.
They said that people can challenge temporary orders from commercial courts using a special power in the Constitution, called Article 227.
However, this power should not be used to re-examine the whole case or act like an appeal.
The case was about a company, Trans Engineers, trying to get money from another company, Otsuka Chemicals, for extra work they did.
The High Court decided that the commercial court's orders allowing Trans Engineers to add more documents were fair and did not interfere with them.
This ruling helps clarify how High Courts can supervise commercial courts without getting involved in every small decision.
The Punjab and Haryana High Court ruled that parties can challenge interim orders of commercial courts under Article 227 of the Constitution.
The court clarified that this constitutional power cannot be used as a substitute for an appeal or to re-examine cases on merits.
The dispute involves a recovery of Rs 5.31 crore by Trans Engineers from Otsuka Chemicals for additional work carried out beyond the original scope of a project.
The High Court dismissed the petitions filed by Otsuka Chemicals, finding no serious legal error or unfairness in the commercial court’s orders.
The ruling emphasizes that High Courts will not interfere with routine procedural orders unless there is a clear case of abuse of jurisdiction or denial of justice.
- Who
- Punjab and Haryana High Court, Otsuka Chemicals India Private Limited, Trans Engineers India Pvt. Ltd.
- What
- The High Court ruled that parties can challenge interim orders of commercial courts under Article 227 of the Constitution, but this power cannot be used as a substitute for an appeal.
- When
- The ruling was dated January 12, 2024, and the dispute arose from a 2018 summary suit.
- Where
- The case was heard in the Punjab and Haryana High Court, with the commercial court orders originating from Gurgaon.
- Why
- The dispute involves a recovery of Rs 5.31 crore by Trans Engineers from Otsuka Chemicals for additional work carried out beyond the original scope of a project.
- Court
- Punjab and Haryana High Court
- Article
- Article 227 of the Constitution
- Act
- Commercial Courts Act
- Petitioners
- Otsuka Chemicals India Private Limited
- Respondents
- Trans Engineers India Pvt. Ltd.
- Dispute Amount
- Rs 5.31 crore
- Judge
- Justice Sudepti Sharma
- Ruling Date
- January 12