IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 29 OF JANUARY, 2026 CIVIL REVISION No. 767 of 2025 DR. RAHUL CHOUBEY AND OTHERS Versus HEMANT BATALIA Appearance:

Shri R. K. Sanghi - Senior Advocate with Shriyansh Mishra -

Advocate for petitioners.

Shri Samarth Shrivastava - Advocate for respondent.

ORDER By way of this petition, challenge is made to the order passed by the trial Court dated 14.07.2025, whereby the trial Court has upheld the objection of the petitioners-defendants as to non-maintainability of regular suit in regular Court and has held that the suit is maintainable before the Commercial Court constituted in terms of the Commercial Courts Act, 2015 (hereinafter referred to as "the Act of

2015").

2. The challenge is primarily based on the ground that once the trial Court came to conclusion that the dispute in question is a commercial dispute of specified value, then the Court could not have transferred the case and transfer under Section 15 of the Act of 2015 could only be made of the pending cases which were pending as on the date of enforcement of the Act of 2015, or date of establishment of Commercial Court. Where the case h