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KRISHNA RAO
Harshvardhan Khemka – Appellant
Versus
Sudershan Prasad Bagaria – Respondent
JUDGMENT
Krishna Rao, J.—The petitioners/defendants have filed the present Review Application being R.V.W.O. No. 31 of 2024 praying for review of the order passed by this Court dated 10th June, 2024 in C.S. (COM) No. 384 of 2024 (Old No. CS 130 of 2022) wherein this Court as per submissions made by the Learned Counsel for the respective parties, directed the matter be listed before the regular Non-Commercial Division on 19th June, 2024 under the same heading.
2. The petitioners have also filed an application being G.A No. 1 of 2024 and G.A. No. 2 of 2024 along with RVWO No. 31 of 2024 praying for condoning the delay of 12 days in preferring review application and for stay of the order dated 10th June, 2024 till the disposal of the review application respectively. Review application along with other applications were taken together for hearing.
3. Mr. Jishnu Saha, Learned Senior Advocate representing the defendants/ petitioners submits that the suit could not have simpliciter transferred to the regular Non-Commercial Division. He submits that this Court ought to have returned the plaint to the plaintiffs to be filed before the appropriate division.
4. Mr. Saha submits that the plain
There is no provision for transfer of suit from Commercial Division to Non-Commercial Division.
Suits misclassified as commercial must be treated under ordinary civil jurisdiction; designation does not create a distinct court.
The failure to lodge a writ of summons invalidated the suit, making any proceedings and transfers null and affecting the court's jurisdiction.
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
The court affirmed that Section 24(5) of the CPC allows for transferring cases from civil to commercial courts, even amidst jurisdictional uncertainties, emphasizing the importance of existing proced....
The main legal point established in the judgment is the appealability of orders under Section 13 and Section 15 of the Commercial Courts Act, 2015, and the interpretation of the relevant provisions o....
Section 12A of the Commercial Courts Act, 2015 is mandatory and compliance thereof are required for a valid institution of a suit.
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