Is restarting necessary after converting Original Suit to commercial suit?
Having completed a portion of the procedure in an Original Suit, we have now determined that the matter qualifies as a commercial suit. Is it necessary to restart all proceedings already undertaken in the Original Suit? Are there any legal provisions or precedents that allow for the continuation of the proceedings after converting the Original Suit into a commercial suit? Can you answer it by specifying case name with citation?
In your case, once a suit qualifies as a commercial dispute, Section 15 of the Commercial Courts Act, 2015 provides that the suit can be transferred to the appropriate commercial court without restarting proceedings already conducted. Section 15(4) explicitly allows all previous proceedings to remain valid after the transfer. The transferred case will proceed under the Commercial Courts Act, with the advantage of expedited processes and strict timelines. There would be compliance with procedural modifications including, inter alia filing a statement of truth as envisaged by the new Order VI, Rule 15A of CPC, as amended to be applicable to commercial suits.
Sir, it is not required to restart the entire process when an Original Suit is converted into a commercial suit. The proceedings can continue from the point where they were left off, as long as the case is transferred to the appropriate commercial court. The Commercial Courts Act, 2015 allows the case to move forward without starting over, ensuring a smooth transition to the commercial court without disrupting the progress already made in the suit. For further legal assistance contact us on our helpline number.
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