THOMAS ENTERPRISES Vs. YUKSOM BREWERIES LIMITED

JUDGEMENT

(1.) RFA No 04 of 2018 was filed on 5/10/2018 against the judgment and decree dtd. 30/7/2018 (impugned judgment and decree) passed by the learned District Judge, South Sikkim, at Namchi (the learned District Judge) in Money Suit No.3 of 2016 (Money Suit). It was dealt with by the learned Single Judge of this court from 25/10/2018 till 22/10/2021. On examination the learned Single Judge came to a prima facie view that the matter pertained to a commercial dispute and ought to be tried as per the Commercial Courts Act, 2015 (Commercial Act). In terms of Circular No.06/HCS/Judl. dtd. 27/4/2021 of this court the matter was directed to be placed before the Hon'ble Chief Justice for appropriate directions. On 22/10/2021 the Hon'ble Chief Justice of this court revoked Circular No.6/HCS/Judl. dtd. 27/4/2021. Pursuant thereto the matter came up for hearing before this Division Bench.

(2.) We have heard Mr. Anmole Prasad, learned Senior Advocate for the appellant and Mr. Jorgay Namka, learned counsel for the respondent. Both the learned counsel expressed their view that since the dispute between the parties had not been tried as a commercial dispute there has arisen a legal conundrum and the only way out is to set aside the impugned judgment and decree and transfer the Money Suit to the Commercial Court.

(3.) The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on 23/10/2015. It was amended in the year 2018 and is now called the Commercial Courts Act, 2015 (the Act).