How to convert regular suit to commercial suit

Maya Singh (Querist) 02 December 2021 This query is : Resolved
I had filed a suit in May, 2015 in Bombay High Court, Original side, when commercial courts act had not come. Mine is a commercial dispute matter but since the court fees was not paid and only paid in January, 2020 hence the suit got registered but as a regular suit in October, 2021. My advocate is unable to convert (does not know the procedure to convert regular suit to commercial suit) it to commercial suit. Please if your learned can advise I shall be highly obliged.

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Quick Summary

This discussion addresses how to convert a regular suit filed in Bombay High Court in 2015 into a commercial suit, particularly when it was registered as regular due to delayed court fee payment. While the Commercial Courts Act 2016 is generally prospective, an application under Section 15 can be filed to request the transfer of eligible commercial disputes to the commercial division. However, there's a differing opinion that suits filed before the Act's enactment should be adjudicated under existing laws, not retrospectively converted.

Dr J C Vashista (Expert) 05 December 2021
Commercial Courts Act has come into force in 2016, which is prospective and inapplicable for the cases filed before it.

Maya Singh (Querist) 05 December 2021
Section 15(1) of commercial court act states of transfer of pending cases, I want to know the practical procedure like whom to approach and what type of praecipe to be submitted at the Bombay High court.

Shubham Bhardwaj (Expert) 08 December 2021
Dear Sir,

I am assuming that the suit that you are referring to actually falls within the definition of Commercial Dispute so as to be eligible for being tried by a commercial court.

Another important aspect that I was able to locate from the facts provided by you are that suit was filed in 2015. If the suit was filed in 2015 that means it must be at a very later stage of trial.
Anyhow, to answer your question, the Commercial courts act provides that suits involving commercial disputes involving a specified amount shall be transferred. Please note the word 'Shall'. It means the court will suo moto do it it brought to its knowledge about it being a commercial dispute. But if the same is not done, the same can be done by simply filing an Application under section 15 of the Commercial Courts Act for transfer of the suit to commercial division or commercial court as applicable.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

Maya Singh (Querist) 28 October 2023
thank you all for showing me direction

Dr. J C Vashista (Expert) 28 October 2023
I respectully disagree with the opinion and advise of learned expert Mr. Shubham Bhardwaj ji.
The provisions of Commercial Courts Act, 2016 are inapplicable retrospectively but prospectively, accordingly the suits filed prior to this enactment shall be adjudicated as "Suit for recovery" under the provisions of Specific Relief Act, 1963, Civil Procedure Code, 1908 or any other law applicable in the case.

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