DEBANGSU BASAK,J. - (1.) Several applications in suits pending before the Commercial Division as well as in suits pending before the Ordinary Original Civil Jurisdiction of this Hon ble Court along with petitions under the Arbitration and Conciliation Act, 1996 pending in the Commercial Division of this Hon ble Court as well as in the Ordinary Original Civil Jurisdiction of this Hon ble Court have been heard analogously as they involved issues relating Section 12A and Section 15 of the Arbitration and Conciliation Act, 1996.
(2.) The Advocates appearing for the respective parties have advanced elaborate submissions in support of their respective contentions. For the sake of convenience, the respective submissions have been summarised in the paragraphs hereinafter.
(3.) The following issues have arisen for consideration :- (1) Is Section 12A of the Commercial Courts Act, 2015 mandatory or directory? (2) What is the interplay of Section 12A and Section 15 of the Commercial Courts Act, 2015 in a suit involving a commercial dispute within the meaning of Section 2(1)(c) of the Act of 2015 filed in the Ordinary Original Civil Jurisdiction of a High Court subsequent to the date of notification of the Specified Value ? (3) In view of the provisions of Section 12A of the Commercial Courts Act, 2015 can a suit of the Specified Value involving a commercial dispute within the meaning of the Act of 2015 be transferred to the Commercial Division of the Ordinary Original Civil Jurisdiction of this Hon ble Court? (4) If the answer to the preceding issue is in the affirmative then what are the procedure and the modalities for the transfer? (5) Can a suit filed in the Commercial Division of the High Court be transferred to the Ordinary Original Civil Jurisdiction of the High Court on finding that the suit does not involve a commercial dispute within the meaning of the Act of 2015 ? (6) If the answer to the preceding issue is in the affirmative then what would be the procedure and modality for the same. (7) How should proceedings under the Arbitration and Conciliation Act, 1996 be dealt with in respect of the previous issues? ;