THIRUMAGAL FINANCE Vs. SIVAKUMAR

JUDGEMENT

(1.) This civil revision petition is filed as against the docket order, dtd. 21/6/2022 passed in C.O.S.No.28 of 2022 by the Principal District Court (Commercial Court), Ramanathapuarm.

(2.) According to the revision petitioner, the petitioner is a partnership firm and represented by its Administrative Committee, has filed a commercial suit in C.S.No.64 of 2021 before the Principal District Court(Commercial Court) Ramanathapuram, against the respondent, under Sec. 6 of the Commercial Court Act, for recovery of money. The said suit was entertained by the Principal District Judge, Ramanathapuram, and at the time of framing the issues, by referring to the proceedings dtd. 8/6/2022 and 21/6/2022 in Roc.No.A1/82/2022, transferred the case to the Additional District Court, Paramakudi, and the same was renumbered as C.O.S.No.28 of 2022.

(3.) The contention of the learned counsel appearing for the petitioner is that the dispute between the petitioner and the respondent is relating to commercial dispute within the meaning of Sec. 2(c)(i) of the Commercial Courts Act, 2015 and therefore, it would not be proper for the Court below to transfer C.S.No.64 of 2021 to the Additional District Court, Paramakudi, which has been renumbered as C.O.S.N0.28 of 2022. Further, it is contended that the transfer can be made, if the petitioner has complied with the requirement of Sec. 12(A) of the Commercial Court Act, 2005, by resorting to Pre-Institution Mediation and the decision to transfer the case as original civil suit, at that time, when the case was listed for framing issues, is not in accordance with law. Therefore, the present revision is filed.