The Court: The present application is for return of the plaint and for dismissal of the suit. The issue which arises for decision is whether the suit, filed before a Commercial Division of this Court, should be tried under the provisions of The Commercial Courts Act, 2015 or be heard as a regular suit.

The plaintiff complains about the conduct of the defendant in not filing the written statement and seeking to take advantage of such by having the suit transferred to a regime with more liberal timelines. The defendant insists that the want of jurisdiction of the Commercial Division can be urged at any point of time and should be decided by this Court before the suit proceeds any further. The claim in the suit is for recovery of money advanced by the plaintiff to the defendant as a short term financial accommodation with an accrued rate of interest. The plaintiff has claimed a decree for Rs.64,50,000/- along with accrued interest. The defendant vigorously argues that the suit cannot be classified as a commercial suit as the dispute between the parties is not a commercial dispute, as defined in the Act. A “commercial dispute” has been defined under Section 2(1)(c) as a dispute arising