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Section 9 Commercial Courts Act 2015: Transfer of suit if counterclaim..

Section 9 (Transfer of suit if counterclaim in a commercial dispute is of Specified Value) under Chapter II (Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions) of the Commercial Courts Act, 2015 —

❝(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, in the event that a counterclaim filed in a suit before a civil court relating to a commercial dispute is of Specified Value, such suit shall be transferred by the civil court to the Commercial Division or Commercial Court, as the case may be, having territorial jurisdiction over such suit.

(2) In the event that such suit is not transferred in the manner contemplated in sub-section (1), the Commercial Appellate Division of the High Court exercising supervisory jurisdiction over the civil court in question may, on the application of any of the parties to the suit, withdraw such suit pending before the civil court and transfer the same for trial or disposal to the Commercial Court or Commercial Division or, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding.❞



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NOTE:

Section 9 of the Commercial Courts Act, 2015 (Act No. 4 of 2016) was OMITTED by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (No. 28 of 2018), sec. 9, (w.e.f. 3-May-2018).

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