HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.3489 of 2024 M/s Shakti Industries --Petitioner Versus Pashupatinath Distributors Pvt. Ltd. and another --Respondents --------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. Heard Mr. Pradeep Kumar Chauhan, learned Counsel for the petitioner. It needs to be mentioned that there is no representation for the respondents despite there being personal service upon them. 2. By means of this writ petition, petitioner has challenged the order dated 06.12.2024 passed by the First Additional Civil Judge (Senior Division) Haridwar passed in Original Suit No.105 of 2019 (Shakti Industries v. Pashupatinath) whereby the learned Judge has returned the plaint under Order 7 Rule 10 C.P.C. 3. Learned Counsel for the petitioner submits that the order impugned is patently illegal. By means of operation of Section 15(2) of the Commercial Courts Act, the original suit filed by the petitioner should have been transferred to the Commercial Court, Dehradun, after the constitution of the Commercial Court, therefore, the learned Court has committed illegality of passing the order of return of plaint to the petitioner. For the sake of convenience, Section 15(2) of the Commercial Courts Act, 2015 is quoted below: - 15. Transfer of pending cases (1) …………… (2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a Specified Value pending in any civil court 1 in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court…. 4. From a bare perusal of the provisions contained in Section 15(2) of the Act, quoted above, the argument advanced by learned Counsel for the petitioner appears to be correct and there is no reason to disagree with the same. 5. Accordingly, the writ petition is allowed. Order dated 06.12.2024 passed by the trial Court is set aside. The First Additional Civil Judge (Senior Division) Haridwar is directed to transfer the proceedings of Original Suit No.105 of 2019 (Shakti Industries v. Pashupatinath) to the Commercial Court Dehradun at Dehradun as provided in Section 15(2) of the Commercial Courts Act, 2015. 6. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 26.08.2025 Rdang 2