The Chief Justice has the authority to fix the roster and designate Commercial Division Judges, and the Act emphasizes expeditious and speedy disposal of commercial disputes.

SANJIV KHANNA, J.

1. We have heard the learned counsel for the petitioners.

2. The impugned notification dated 30th January, 2016, issued by the Registrar General of Delhi High Court records that the Benches designated as Commercial Division by Hon’ble the Chief Justice with effect from 12th January, 2016 will decide the commercial disputes, indicative that there would not be any part-heard matters, which would be decided by the Judges, who had been designated as a Commercial Division Judge prior to the new nomination/designation with effect from 12th January, 2016.

3. Learned counsel appearing for the Delhi High Court who appears on advance notice has filed before us a copy of the office order/noting dated 30th January, 2016 of Hon'ble the Chief Justice, which reads as under:-

“As per Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, all suits relating to commercial disputes in a High Court having ordinary original civil jurisdiction shall be heard and disposed of by the Commercial Division of that High Court.

Therefore, in the event of any change in the judges nominated by the Chief Justice constituting the Commercial Division for the purpose of exercising the jurisdiction and powers conferred under the Act, the part heard matters, if any, except those matters where the judgment has been reserved, are to be released and to be listed before the nominated judges in the Commercial Division.”

4. Contention of the petitioners is that the aforesaid notification of the Registrar General and the notings/office order of Hon’ble the Chief Justice interfere with judicial discretion as part-heard matters should remain on the board of the Judge, who has partly heard the case. This has been the practice and convention of this Court. It is asserted that this ensures expeditious disposal of the suits as the counsel do not have to address arguments all over again. It is highlighted that in case the suit/application has to be re-heard, the parties would have to bear and incur additional expenditure and costs. If a case is being delayed, the Judge concerned can release the case from part heard.

5. We have considered the said contentions, but do not find any reason or ground to hold that the office order/noting dated 30th January, 2016 can be struck down as arbitrary or contrary to law. As per the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act, for short), all suits and applications relating to commercial disputes in the Delhi High Court have to be heard and disposed of by a Commercial Division. The Act stipulates that in all High Courts, like Delhi High Court, having ordinary civil jurisdiction, the Chief Justice by an order would constitute a Commercial Division having one or more Benches consisting of a Single Judge for exercising jurisdiction and power conferred under the Act. Sub-section 2 to Section 4 states that the Chief Justice shall nominate such Judges of the High Court, who have experience in dealing with commercial disputes and such Judges will be designated as Judges of the Commercial Division. Section 5 relates to constitution of the Commercial Appellate Division. Section 7 relates to jurisdiction of the Commercial Division of the High Court and stipulates that all suits and applications relating to commercial disputes of a specified value etc. filed in the High Court which has Ordinary Civil Jurisdiction shall be heard and disposed of by the Commercial Division of that High Court. By necessary implication section 7 stipulates that commercial disputes shall be decided by Judges, who have been nominated by the Chief Justice to function under Section 4 of the Act, as the Commercial Division Judge.

6. Sub-section 1 to Section 15 of the Act relates to transfer of pending suits in the High Court where a Commercial Division has been constituted. It states that all pending suits shall be transferred to the