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Report No. 253 Chapter VI Miscellaneous 19. Transfer of pending cases:- (1) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a Commercial Dispute of 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, relating to a Commercial Dispute of 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, relating to a Commercial Dispute of Specified Value shall stand transferred to the Commercial Division or Commercial Court under sub-sections (1) or (2) above, the provisions of Part II of this Act shall apply only 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 of such transferred suit or application in order to prescribe new timelines and/or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance with Order XIV-A of the Code of Civil Procedure, 1908 (as amended by Part II of this Act). Provided that the proviso to Sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 (as amended by Part II of this Act) shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement must be filed. (5) In the event that such suit or application is not transferred in the manner contemplated in sub-section (1), (2) or (3), the jurisdictional Commercial Appellate Division of the High Court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the Commercial Division or Commercial Court (as the case may be) having territorial jurisdiction over such suit, and such order of transfer shall be final and binding.    |
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