JUDGMENT :

1. Jurisdiction of this Court to decide application for amendment seeking to increase the valuation of suit over which this Court has already lost pecuniary jurisdiction is the issue that I am tasked upon to decide. Owing to loss of pecuniary jurisdiction coupled with a provision for transfer of pending suits to the City Civil Court, a simple order for transmission of papers in the Suit to City Civil Court could have been passed in the present Suit ordinary course. However, Plaintiffs’ reliance inter alia on a Full Bench judgment of Delhi High Court, ruling in favour of retention of jurisdiction to decide application for amendment in a suit slated for transfer, has necessitated this detailed judgment.

2. The issue arises in the light of the Bombay City Civil Court (Amendment) Act, 2023 (Amendment Act, 2023) increasing the pecuniary jurisdiction of the City Civil Court to Rs.10 Crores. The valuation of the Suit filed by Plaintiffs in this Court is Rs.6,75,00,000/-. Under Section 4A of the Bombay City Civil Court Act, 1948 (City Civil Court Act) as amended by the Amendment Act 2023, there is a provision for transfer of all suits falling in pecuniary jurisdiction of City Civi