ORDER

Paul, J. -- 1. The apex Court by its judgment dated December 1, 2020 passed in Civil Appeal No.3695/2020 (SD Containers, Indore vs. M/s. Mold Tek Packaging Ltd.) directed transfer of instant suit to Indore Bench of Madhya Pradesh High Court and in turn directed the High Court, Indore Bench to decide the suit in accordance with law.

2. The interesting quagmire in this case is whether the suit is to be tried and decided by Single Bench/Commercial Division of High Court or by a Division Bench/Commercial Appellate Division of the High Court.

3. Interestingly, both the parties on this aspect have taken 3 C.S. No.1/2021 diametrically opposite stand. Shri VK Assudani, learned counsel for the plaintiff urged that suit needs to be tried and decided by Commercial Appellate Division whereas Shri Neeraj Grover assisted by Shri Prakhar Karpe urged that the jurisdiction is vested with Commercial Division of the High Court.

4. The stand of Shri Assudani is that as per the scheme of the Commercial Courts Act, 2015 (Act of 2015), the hierarchy of Courts is as follows:-

(i) Commercial Court at the level of District Court.

(ii) Commercial Division and

(iii) Commercial Appellate Division at the level of High Court.

5. Section 3 of the Act of 2015 was relied upon to submit that by way of Notification, Commercial Courts at district level are required to be constituted. section 3A of said Act provides the method to designate Commercial Appellate Courts. As per the scheme of Act of 2015 and an amendment which is incorporated in the said Act, there exists no commercial division in the High Court which can exercise original jurisdiction. Admittedly, the High Court of Madhya Pradesh does not exercise any original civil jurisdiction. Thus, civil suit must be decided by the Division Bench/Commercial Appellate Division.

6. Sounding a contra note, Shri Grover, learned counsel for the other side placed reliance on section 22(4) of the Designs Act, 2000 to submit that suit needs to be tried by the High Court. By placing reliance on Chapter-IV Rule 1 (8) of High Court of Madhya Pradesh Rules 2008 (High Court Rules), it is submitted that the Civil Suit must be tried by a Single 4 C.S. No.1/2021 Bench/Commercial Division. Since section 21 of the Act of 2015 has an overriding effect on any other enactment, Shri Grover contended that Civil Suit needs to be decided by Commercial Division of the High Court. This will also facilitate the parties to prefer an appeal before Commercial Appellate Division of the High Court and right of appeal will not be frustrated.

7. Both the parties placed reliance on certain paragraphs of aforesaid judgment of Supreme Court dated 01/12/2020. The matter was heard only on the question as to which Bench of High Court is having jurisdiction to try the present suit.

8. Before dealing with rival contentions, it is apposite to reproduce relevant statutory provisions on which reliance was placed by the learned counsel for the parties.

Section 3 of Commercial Courts Act, 2015

3. Constitution of Commercial Courts. - (1) The State Government, may after consultation with the concerned High Court, by notification, constitute such number of Commercial Courts at District level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those Courts under this Act :

[Provided that with respect to the High Courts having ordinary civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, constitute Commercial Courts at the District Judge level :

Section 3A of Commercial Courts Act, 2015

3A. Designation of Commercial Appellate Courts. - Except the territories over which the High Courts have ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercisi