Delhi High Court
Kiran Shoes Manufacturers vs M/S Maruti Footwear Company on 28 November, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 28.11.2016
+ Review Petition No. 515/2016 in CS(OS) 1067/2016
KIRAN SHOES MANUFACTURERS ..... Petitioner
Through: Mr. Pranay Sarkar, Advocate.
versus
M/S MARUTI FOOTWEAR COMPANY .... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE DEEPA SHARMA
MS. JUSTICE DEEPA SHARMA
%
1. The petitioner has filed this review petition for recalling of the order
dated 21.11.2016 whereby this court had transferred the suit to Tis Hazari
Court observing that this court lacked pecuniary jurisdiction.
2. It is submitted that the suit has been valued to a total sum of
`20,00,050/- but inadvertently in the order, the valuation of the suit is
reflected as `20 lacs. It is submitted that this court vide order dated
21.11.2016 in CS(OS) 1067/2016 has clearly resolved that if a suit is
pending at the time when the Commercial Courts, Commercial Division and
Commercial Appellate Division of High Act, 2015 had come into force,
even if they are valued below `1 crore, this court has the pecuniary
Review Petition No. 515/2016 in CS(OS) 1067/2016 Page 1
jurisdiction, if the suits are valued above `20 lacs pursuant to Proviso to
Section 7 of the Act of 2015. It is submitted that in view of this settled
proposition of law, the order dated 21.11.2016 be recalled.
3. I have considered the arguments of the learned counsel and have
considered the judgment of this Court in CS(OS) No. 1180/2011 &
connected matters decided on 15.02.2016 relied upon by the learned counsel
for the petitioner. In Para 13 of the said judgment, this Court has observed as
under:-
"Accordingly, this Court's conclusion with respect to the language
contained in the first proviso to Section 7 of the Act of 2015 is that with
respect to IPR matters covered under the different provisions of the Trade
Marks Act, Copy Right Act, Designs Act, Patents Act and Geographical
Indication of Goods (Registration and Protection) Act, 1999 is that the
pending suits and which are the subject matter of the words "filed or
pending" contained in the first proviso to Section 7 of the Act of 2015, such
suits or IPR matters, even if their valuation is below Rs. 1 crore, the same
will be dealt with and decided by the Commercial Division(s) of the High
Court if their pecuniary jurisdiction valuation is above Rs. 20 lacs (for Delhi
High Court) but below Rs. 1 crore."
Review Petition No. 515/2016 in CS(OS) 1067/2016 Page 2
4. Even otherwise, vide order of Registrar General dated 28.04.2016, the
following addendum is added to the Notification no. 5456/DHC/Orgl/2016
which is reproduced as under:-
"All suits and application covered by the first proviso to Section 7 of
the Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts Act, 2015 filed or pending as on 26.10.2015 on the
Original Side of the Delhi High Court, shall remain in the Delhi High Court
and shall be heard and disposed of by the Commercial Division of Delhi
High Court."
In view of the above, the order dated 21.11.2016 is hereby recalled.
CS(OS) 1067/2016
List the matter before Joint Registrar on 27.01.2017 for completion of
pleadings.
DEEPA SHARMA
(JUDGE)
NOVEMBER 28, 2016
sapna
Review Petition No. 515/2016 in CS(OS) 1067/2016 Page 3
