Kiran Shoes Manufacturers v. M/S Maruti Footwear Company

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 2016:DHC:7674 Review Petition No. 515/2016 in CS(OS) 1067/2016 Page 2 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 3

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