Section 15 of the Commercial Courts Act, 2015 applies only to suits pending before the constitution of Commercial Courts; suits filed after such constitution in the wrong forum must be returned under Order 7 Rule 10 CPC for presentation to the correct court.

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

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

Signature Not Verified

Signed by: PREM SHANKAR

MISHRA

Signing time: 29-01-2026

17:53:36

2 CR-767-2025

of the Act of 2015, or date of establishment of Commercial Court. Where

the case has been erroneously instituted in a regular Court after

enforcement of the Act of 2015, there the only option open for the Court

is to return the plaint in terms of Order 7 Rule 10 CPC which relates to

the power of the Court to return the plaint to be presented to the Court in

which the suit should have been instituted. However, the trial Court has

straightaway transferred the suit to the Commercial Court rather than

returning the suit to the plaintiff for proper presentation.

3. The counsel for the respondent/plaintiff, on the other hand, has

heavily supported the impugned order on the ground that the suit would

lie only before the Commercial Court and, therefore, no error has been

committed by the trial Court in transferring the suit.

4. Upon hearing the rival parties and on perusal of the documents

placed on record, it is seen that as per Section 15 of the Commercial

Courts Act, the following has been provided:-

"15. Transfer of pending cases.—(1) All suits and applications,

including applications under the Arbitration and Conciliation Act,

1996 (26 of 1996), relating to a commercial dispute of a Specified

Value pending in a High Court where a Commercial Division has

been constituted, shall be transferred to the Commercial Division.

(2) All suits and applications, including applications under the

Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a

commercial dispute of a Specified Value pending in any civil court

in any district or area in respect of which a Commercial Court has

been constituted, shall be transferred to such Commercial Court:

Provided that no suit or application where the final judgment

has been reserved by the Court prior to the constitution of the

Commercial Division or the Commercial Court shall be transferred

either under sub-section (1) or sub-section (2).

(3) Where any suit or application, including an application under

the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to

a commercial dispute of Specified Value shall stand transferred to

Signature Not Verified

Signed by: PREM SHANKAR

MISHRA

Signing time: 29-01-2026

17:53:36

3 CR-767-2025

the Commercial Division or Commercial Court under sub-section

(1) or sub-section (2), the provisions of this Act shall apply to

those procedures that were not complete at the time of transfer.

(4) The Commercial Division or Commercial Court, as the case

may be, may hold case management hearings in respect