- (1.)A Review Application under Sec. 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 has been filed for review of the Order dtd. 1/8/2022 with a prayer that the present Civil Suit may be converted into a Commercial Suit.
(2.)It is submitted in the application that I.A. 11946/2022 for conversion of present Civil Suit into a Commercial Suit for the purpose of trial, was disposed of vide Order dtd. 1/8/2022, wherein it was observed that considering the submission of the plaintiff's counsel that the main concern was that the disposal of suit may be expedited, it was directed that both the parties shall cooperate and an endeavour should be may be made by the Local Commissioner as well, to conclude the evidence expeditiously.
(3.)It is submitted in the application that vide Circular dated 28 th April, 2016 and in catena of judgments, it has been clearly stated that suit covered under the first proviso of Sec. 7 of the Commercial Courts Act, 2015 should be transferred to Commercial Court Division of this Court. Since the present suit pertains to commercial transaction, the Order dated 01 st August, 2022 be reviewed and the present suit be re-numbered as a Commercial Suit and be transferred to the Commercial Courts Division.