M/S. Suresh Surgicals, vs Ellenbarie Industrial Gases Ltd., ...
2024 Latest Caselaw 8499 AP

Andhra Pradesh High Court - Amravati

M/S. Suresh Surgicals, vs Ellenbarie Industrial Gases Ltd., ... on 17 September, 2024

                  HIGH COURT OF ANDHRA PRADESH
 MAIN CASE No: C.R.P.No.1172 of 2022                                            43

                           PROCEEDING SHEET

Sl.                                                                         OFFICE
        Date                             ORDER                               NOTE
No.

15    17.09.2024

BSB, J The learned counsel for the petitioners submitted that the issue involved in this case is also involved in batch of other cases, which are pending before the division bench and requested to direct the Registry to post the matter along with the batch matters.

In this regard, he referred the decision of the division bench dated 23.08.2024 in C.R.P.No.1847 of 2024, wherein at para Nos.27 and 28, it is held as follows:

"27. We therefore consider it proper to refer the following questions to the larger bench and accordingly we make the reference:

A. Whether the Amendment Act No.28 of 2018, in respect of Sections 2(1)(i) & 3(1A) of the Commercial Courts Act, 2015, by itself amends the „specified value‟ as „not less than three lakhs rupees‟, for the jurisdiction of the Commercial Court or it only enables the Central Government & the State Government(s) to do so, by notification specifying any amount, which shall not be less than three lakhs, as „specified value‟, and it is only after such notification, the specified value shall stand amended ?

Dt.17.09.2024

B. Whether the „specified value‟ in Section 2(1)(i) in Commercial Courts Act, 2015, as substituted by Act 28 of 2018 to the effect "which shall not be less than Rupees three lakhs" in the place of "which shall not be less than Rupees One Crore" shall be operative and effective from

i) the date of amendment i.e., w.e.f. 03.05.2018; or

ii) on the date notified in the notification being issued by the Central Government under Section 2(1)(i) of the Act; or

iii) on the date notified in the notification being issued by the Andhra Pradesh State Government in consultation with the High Court of Andhra Pradesh, as provided under Section 3(1A) of the Commercial Courts Act?

C. Which judgment, U.V.Satyanarayana vs. M/s.Shriram City Union Finance Ltd1or Bellam Balakrishna vs. Greenmount Developers2, lays down the law correctly?

28. The Registry shall place the matter before Hon‟ble the Chief Justice for constitution of the larger Bench."

In view thereof, the Registry is directed to place the matter before the Hon'ble the Chief Justice for necessary instructions to post the matter before the division bench.

Dt.17.09.2024

Interim order granted earlier is extended until further orders.

__________________ B.S.BHANUMATHI,J NSM