MANMOHAN SINGH, J.

1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of Patent No. 222346 as well as for rendition of accounts/damages, delivery-up etc. The suit was valued for the purposes of Court fee and jurisdiction at Rs. 20,07,000/-.

2. The written statement was filed by the defendant on 22nd January, 2015 who has also filed the counter-claim on 7th April, 2015. Both in the written statement as well as in the counter-claim, the defendant has challenged the validity of the suit patent.

3. In the meanwhile, as noticed in the Official Gazette on 23rd October, 2015, the President was pleased to promulgate the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015. By virtue of Section 1(2), the Ordinance extends to the whole of India, except for the State of Jammu and Kashmir. Section 1(3) provides that the Ordinance came into force at once.

4. As per the Ordinance, commercial disputes as mentioned in Section 2(1)(c) of the Ordinance shall be adjudicated as per the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015.

5. Section 2(1)(c) of the Ordinance defines Commercial dispute and sub-section (xvii) provides that a commercial dispute means a dispute arising out of intellectual property rights relating to registered and unregistered trademarks, copyright, patents, design, domain names, geographical indications and semiconductor integrated circuits.

6. The term Specified Value as occurring in the Ordinance is defined as per Section 2(1)(i) of the Ordinance in relation to a commercial dispute as the value of the subject matter in respect of a suit as determined in accordance with Section 12 which shall not be less than one crore rupees or such higher value, as may be notified by the Central Government.

7. The proviso to Section 3(1) of the Ordinance prohibits constitution of any Commercial Court at the District Level in the territory over which the High Court has ordinary original civil jurisdiction.

8. In terms of Section 4(1) of the Ordinance, in all High Courts having Original Civil Jurisdiction like this Court, Hon’ble the Chief Justice may constitute Commercial Division comprising Single Judges for the purposes of exercising jurisdiction and powers conferred upon such Commercial Division by the Ordinance.

9. In terms of Section 5(1) of the Ordinance, such High Courts are required to constitute Commercial Appellate Divisions which would be Division Benches for the purposes of exercising jurisdiction and powers conferred by virtue of the Ordinance.

10. By orders dated 15th November, 2015 and 17th November, 2015, Hon’ble the Chief Justice has constituted the Commercial Divisions having six Benches of Single Judges and the Commercial Appellate Division comprising four Division Benches.

11. In view of Section 4 of the Delhi High Court (Amendment) Act, 2015 and the order passed on 24th November, 2015, all suits or other proceedings the value of which exceeds rupees one crore but does not exceed rupees two crores, other than those relating to commercial disputes the specified value of which is not less than rupees one crore (as defined in the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015), pending in this Court on the Original Side, excepting those cases in which final judgments have been reserved, be transferred to the jurisdictional subordinate courts.

12. Section 7 of the Ordinance provides that all suits and applications relating to commercial disputes of a Specified value filed in a High Court having ordinary original civil jurisdiction shall be heard and disposed of by the Commercial Division of that High Court.

Provided that all suits and applications relating to commercial disputes, stipulated by an Act to lie in a court not inferior to a District Court and filed on the original side of the H