M/s.Mold Tek Packing Pvt. Ltd. Vs. S.D.Containers

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

CS, 1 of 2021, Judgment Date: Feb 27, 2021

Law laid down - 

Section 22 (4) of the Designs Act, 2000 – Civil Suit – Civil Suit is directed to be decided by Indore Bench of High Court by judgment of Supreme Court dated December 01, 2020. The parties have taken diametrically opposite view as to which bench can try the said civil suit. The plaintiff urged that civil suit needs to be decided by a commercial appellate division constituted u/S.5 of the Commercial Courts Act, 2015 whereas other side urged that it should be decided by a commercial division of High Court constituted u/S.4 of the said Act. In alternatively, civil suit can be decided by single bench as per Rule 1(8) of High Court of M.P. Rules, 2008.

Section 4 of Commercial Courts Act, 2015 – Commercial Division can be constituted in those High Courts having “ordinary original civil jurisdiction” and by a specific order passed by Hon’ble Chief Justice of the High Court. The High Court of M.P. does not exercise ordinary original civil jurisdiction nor Hon’ble Chief Justice has passed any order constituting commercial division in High Court of M.P. Thus, Civil suit cannot be tried by commercial division despite second proviso to Sec.7 of Act of 2015.

Section 5 and 13 of Commercial Courts Act, 2015 – The Commercial Appellate Division is constituted in the High Court of M.P. However, as per Act of 2015, the commercial appellate division is an appellate forum and is not a Court of first instance to try a suit.

Clause 9 of Letter Patent - This provision gives “extra ordinary” civil jurisdiction to High Court of M.P. In the opinion of division bench, the present suit can be tried only in exercise of this extra ordinary power by a single bench of High Court (Indore Bench).

M/s.Mold Tek Packing Pvt. Ltd. Vs. S.D.Containers