The Amending Act, 2018, which lowered the specified value for transfer to Commercial Courts, does not have retrospective application to pending suits filed before its enactment.

JUDGMENT

Subramonium Prasad, J. TR.P.(C.) 47/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.574/2017, titled as Prem Arora & Anr. v. Satyanarayan Khandelwal, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

2. TR.P.(C.) 49/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.578/2017, titled as Prem Arora & Anr. v. Ishwar Singh, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

3. TR.P.(C.) 52/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.572/2017, titled as Prem Arora & Anr. v. Prakash Chand Modi, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

4. TR.P.(C.) 54/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.576/2017, titled as Prem Arora & Anr. v. Mahavir Bansal, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

5. TR.P.(C.) 55/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.579/2017, titled as Prem Arora & Anr. v. Radhey Shyam, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

6. TR.P.(C.) 58/2021 has been filed under Section 15(5) of the Commercial Courts Act, 2015, for the transfer of Civil Suit bearing No.573/2017, titled as Prem Arora & Anr. v. Manoj Kumar Bansal, which is pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court.

7. The facts leading to the instant petitions are as under:

a) It is stated that the Respondent No.1 in the instant petitions is the son of the Respondent No.2 herein, and the Petitioners herein are the Tenants in the property bearing No. RZ-21/284, Gitanjali Park, West Sagarpur, New Delhi, 110046 (hereinafter referred to as `the suit property'). It is stated that the mother of Respondent No.1 herein was the owner of the suit property and that there are total nine shops in the suit property. It is stated that the mother of Respondent No.1 executed a GPA dated 11.05.2009, Will dated 11.05.2009 and Gift Deed dated 06.06.2014 in favour of Respondent No.1, thereby making Respondent No.1 the owner of the suit property. It is stated that the Petitioners herein were inducted as Tenants in the suit property by Respondent No.2 and Rs.10,000/- had been taken from each of the Petitioners as security amount.

b) It is stated that Respondent No.1 approached the Petitioners for selling to them the shops located in the suit property and took an advance from each of the Petitioners. It is stated that an Agreement to Sell was executed by the Respondent No.1 on 06.01.2014, and the security amount which had been taken by Respondent No.1 from all the Petitioners herein was adjusted by giving receipts on the Agreement to Sell itself. The details of the cheques taken from the Petitioners, along with the total amount and the security amount that had been taken from the Petitioners, has been reproduced as under: