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 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 of such transferred suit or application in order to prescribe new timelines or issue such
further directions as may be necessary for a speedy and efficacious disposal of such suit or application in
accordance 3
[with Order XV-A] of the Code of Civil Procedure, 1908 (5 of 1908):
1. Subs. by Act 28 of 2018, s. 12, for sub-section (1) (w.e.f. 3-5-2018).
2. Subs. by s. 13, ibid., for “Commercial Appellate Division” (w.e.f. 3-5-2018).
3. Subs. by s. 14, ibid., for “with Order XIV-A” (w.e.f. 3-5-2018)
9
Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908
(5 of 1908) 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 shall be filed.
(5) In the event that such suit or application is not transferred in the manner specified in
sub-section (1), sub-section (2) or sub-section (3), the 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.