IMPORTANT POINT: (1) The object and purpose of establishment of Commercial Courts, Commercial Divisions and Commercial Appellate Divisions of the High Court is to ensure that the cases involved in commercial disputes are disposed of expeditiously, fairly and at reasonable cost to the litigant, thereby, more economic growth and increased foreign investment.
(2) The constitution of Commercial Divisions Courts were necessitated due to inordinate delays, and the need to ensure the fast disposal of high value commercial disputes to provide assurance to domestic and foreign investors wherein fast track procedure would be followed.

M.R. Shah, J.

1. Present application has been preferred by the applicant herein-original defendant No. 1 for an appropriate order in exercise of powers under sub-section (5) of Section 15 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as "Commercial Courts Act") for withdrawal of Special Civil Suit No. 533/2011 from the Civil Court, Vadodara and transfer it to the Commercial Court, Vadodara. The applicant herein-original defendant No. 1 has also prayed to quash and set aside the impugned order dated 28.06.2016 passed below Exh. 86 by the learned 15th Additional Senior Civil Judge, Vadodara (hereinafter referred to as "trial Court") in Special Civil Suit No. 533/2011 by which on an application preferred by the applicant herein-original defendant No. 1, the learned trial Court has refused to transfer the said Special Civil Suit No. 533/2011 to the Commercial Court, Vadodara.

2. Facts leading to the present application in nut-shell are as under:

[2.1] That the applicant claims to be the granddaughter of Princess Kamladevi Gaekwar who passed away intestate on 02.02.1992. According to the applicant one Shri Achyut Shah (hereinafter referred to as original plaintiff) filed a completely frivolous and fraudulent suit being Regular Civil Suit No. 913/2008 against the applicant herein inter alia praying for an injunction restraining the applicant from alienating the share in immovable property being 1/3rd share in Revenue Survey Nos. 86 and 126 paikee 134/95/B paikee known as Shivmahal Palace along with land surrounding the same. That the suit was filed by the original plaintiff relying upon the succession certificate issued to him with respect to the immovable properties by the learned 6th Joint Civil Judge (S.D.), Vadodara in Probate Application No. 74/2000. According to the applicant no alleged Will as referred to in the plaint was produced with the suit. According to the applicant Civil Petition No. 161/2008 filed by the applicant praying for revocation of the illegal succession certificate, the learned Senior Civil Judge, Vadodara passed interim order dated 19.04.2008 restraining the original plaintiff from acting upon the certificate and from holding to have any rights in the property mentioned in the alleged Will.

[2.2] That thereafter by way of registered sale deed No. 3494 dated 19.03.2010, land bearing Survey No. 86/3 admeasuring 3000 sq. meter at Moje Jetalpur, Vadodara was sold by the applicant to the respondent No. 4 herein-original defendant No. 2 for a sale consideration of Rs. 17.76 Crore. That the aforesaid contract of sale led the original plaintiff-Shri Achyut Shah to file the Special Civil Suit No. 533/2011 from which the present application arises.

[2.3] That the aforesaid Special Civil Suit No. 533/2011 has been filed by the original plaintiff praying for a declaration that registered sale deed dated 19.03.2010 executed by the applicant in favour of the respondent No. 4 is illegal and for permanent injunction with respect to the land. That the original plaintiff died during the pendency of the suit and therefore, his heirs-respondent Nos. 1 to 3 herein are permitted to be brought on record as plaintiffs. That thereafter the applicant filed Special Civil Application No. 14910/2015 challenging the said order by which the heirs were permitted to be brought on record. That by order dated 01.10.2015 passed in Special Civil Application No. 14910/2015, the proceedings of Special Civil Suit No. 533/2011 came to be stayed by this Court.

[2.4] It appears that meanwhile on 04.09.2015, the respondent Nos. 1 to 3 herein (heirs and legal representative of the original plaintiff) filed an application at Exh. 65 for impleading Bhogilal Odhavji Industrial Enterprises and others as defendants. They have also filed an application on 04.09.2015 for amending the plaint and the injunction application. That the said applications were filed on the groun