SHARADA NAYAK Vs. V.K. SHUNGLU AND ORS.

JUDGEMENT

(1.) By this order, I shall decide IA 25210/2015 filed by the plaintiff under Order VI Rule 17 CPC. The amendment sought is only to para 16 of the suit, whereby valuation of the suit is sought to be enhanced from Rs. 20,10,000/ - to Rs. 2,01,10,000/ - and paying additional court fee of Rs. 1,76,320/ -.

(2.) An issue has arisen as a preliminary objection by the defendants that this Court has no jurisdiction to deal with the application on merits since by virtue of the Commercial Courts Act and the orders issued by Hon'ble the Chief Justice in pursuance of the Delhi High Courts (Amendment) Act, 2015, the suit already stood transferred to the court of the District Judge and this Court has, therefore, become functus officio to deal with the present application. The submission is that, this application for amendment could only be considered by the concerned District Court, to whom the case is transferred.

(3.) Mr. Jayant Mehta would contend that the suit filed is for declaration and even though the application filed is post the notification dated November 24, 2015, issued by Hon'ble the Chief Justice, the date of filing would not make any difference for this Court to allow the application enhancing the valuation of the suit on payment of the difference of the court fee. He would state, that the procedures are handmade of justice and modification in following the procedure would lead to miscarriage of justice, particularly when this Court has power and jurisdiction under Sec. 24 of the Civil Procedure Code to withdraw from the subordinate Court, any case or proceeding and to try and dispose of the same. He would rely upon the judgment passed by this Court in CS(OS) 3213/2011 Metal Box India Ltd. & Anr. v/s. T.K. Sehgal & Sons (HUF) and ors, wherein this Court had considered the similar issue. He would also rely upon the judgment of this Court in CS(OS) 176/2015 decided on April 1, 2016 Kamal Sharma and ors v/s. Blue Coast Infrastructure Development Pvt. Ltd. and ors.