PAM Developments Private Limited v. Equited Construction
2024-03-21
BISWAROOP CHOWDHURY, I.P.MUKERJI
body2024
DigiLaw.ai
JUDGMENT : 1. An affidavit of service is on record. None appears for the respondent. 2. The case of the appellant is that their application under section 15 of the Commercial Courts Act, 2015 before the learned court below has been kept pending for about one-and-a-half years. 3. The Commercial Courts Act, 2015 was enacted to ensure speedy justice in a specialised field. Section 15 of the said Act enjoined the court with a duty to identify and transfer all commercial matters to the designated commercial court or division. This transfer is required to be made expeditiously. 4. There is one procedural defect in this appeal and application. Section 15 of the said Act contemplates an application to the High Court. Instead, an appeal has been filed in this court against the refusal of the learned court below to consider the section 15 application. 5. We treat this appeal as an application under section 15 of the 2015 Act before the commercial appellate division of this court. 6. The appeal and the connected application – FMA No.930 of 2023 with CAN No.1 of 2023 – are disposed of by directing the learned court below to take a reasoned decision on the section 15 application before it, within three weeks of communication of this order.