JUDGMENT

I.P. Mukerji, J.

Section 15 of the Commercial Courts Act, 2015 deals with transfer of pending suits. Section 15(2) provides that all suits and applications including applications under the Arbitration and Conciliation Act, 1996 relating to a commercial dispute and pending in any civil court in an area where a commercial court has been constituted shall be transferred to the commercial court. Sub-Section 5 of that section is very important. It lays down that where such suit or application is not transferred, the Commercial Appellate Division of the High Court may be approached with an application. In such an application the Appellate Division of the High Court may order transfer.

The subject matter of this appeal is an order of transfer made by a learned Civil Court to the Commercial Court in a district.

This appeal was heard on a point of maintainability raised by Mr. Saptangsu Basu, learned senior advocate appearing for the respondent. His short and simple argument was that such an order of transfer was not appealable under Section 13 or 15 of the Commercial Courts Act, 2015. Only when the order of transfer was refused by the civil court an application lay under Section 15(5)