The court established that summary suits under the CPC are applicable in commercial disputes, requiring strict adherence to procedural rules.

ORDER

Heard, Mr.Nandha Kumar for the Civil Revision Petitioner and Mr.V.Manohar for the respondent.

2. This Civil Revision Petition arises against the order passed by the learned District Judge, Commercial Court, Egmore, Chennai on 16.08.2023 in C.O.S.No.1145 of 2022. The C.O.S.No.1145 of 2022 was originally presented before this Court as C.S.No.744 of 2012. Even at the time of presentation of the suit, it is clearly mentioned that the suit was filed under Order XXXVII Rule 1 of Civil Procedure Code . The suit is a summary suit. Before the High Court, summons were not served in the suit, but an order of attachment had been passed by the Court in Application No.5142 of 2012 on 06.08.2013. Even in the order dated 06.08.2013, it is specifically mentioned that the suit is an under chapter suit. Due to enhancement of pecuniary jurisdiction, C.S.No.744 of 2012 stood transferred to the file of the XIX Additional City Civil Court, Chennai. It was re-numbered as O.S.No.4780 of 2020. Notice had been issued to both the parties regarding the transfer. Even before the City Civil Court, no leave to defend application has been filed by the defendant. By virtue of the creation of Commercial Courts under the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act'), O.S.No.4780 of 2020 stood transferred to the file of the Commercial Court at Egmore, Chennai. Summons were served on the defendants and on 02.08.2022, a counsel entered appearance on behalf of the defendant. Instead of following the special procedure under Order XXXVII, the Court straight away passed an order directing the defendant to file his written statement. This mistake was noticed by the learned Commercial District Judge on 07.11.2022, whereby he passed the following order:- “This is a summary suit. The defendant has not get filed any application to seek the leave of this court to defend the suit. But he presented the written statement. Therefore, for maintainability of written statement, without invoking Or. 37 Rule CPC call on 09.12.2022.”

3. Thereafter, the matter was repeatedly adjourned and finally the matter was taken up on 16.08.2023. On 16.08.2023, the District Judge, Commercial Court came to a conclusion that since there is no admission made by the defendant about his liability or any denial in the reply notice, the summary suit is not maintainable. Consequently, it is directed that the suit be proceeded as an ordinary suit. Aggrieved by the same, the present Civil Revision Petition.

4. Mr.Nandha Kumar would contend that the suit having been presented as a summary suit, the defendant ought to have issued a notice of appearance which would have enabled the plaintiff to issue the summons for judgment. It is only thereafter, in case a leave to defend application is allowed with or without condition and thereafter, the defendant would have been entitled to file a written statement. He would draw my attention to the plaint which had been filed before this Court as early as 2012 to argue that it is a summary suit and therefore, he would plead that the order passed by the learned District Judge on 16.08.2023 be revised.

5. Per contra, Mr.V.Manohar would argue that the revision is not maintainable, by virtue of a bar under Section 8 of the Commercial Court Act (hereinafter referred to as 'the Act'). He would then urge that the procedure under Order XXXVII of CPC does not apply to Commercial Courts, in the light of the provision under Order XIII – A of Commercial Courts Act. He would then urge that there is no written contract as required under Section 2 (1) (c) (i) of the Act. Hence, he would plead that the Civil Revision Petition is not maintainable and in case this Court comes to a conclusion it is maintainable, then the order of the learned Judge deserves to be upheld.

6. I have carefully considered the submissions made by the learned counsel on either side.

7. In so far as the objection that the Civil Revision Petition is not maintainable, I have to deal with this is