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