Section 12 in Jammu and Kashmir Protection of Interests of Depositors (In Financial Establishments) Act, 2018
12. Transfer of pending cases.
(1)All suits and applications, including applications under the Jammu and Kashmir Arbitration and Conciliation Act, 1997, relating to a commercial dispute of a Specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court :Provided that no suit or application where the final judgment has been reserved by the Court prior to the constitution of the Commercial Court shall be transferred.(2)Where any suit or application, including an application under the Jammu and Kashmir Arbitration and Conciliation Act, 1997, relating to a commercial dispute of Specified Value shall stand transferred to the Commercial Court the provisions of this Act shall apply to those procedures that were not complete at the time of transfer.(3)The Commercial Court, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance with Order XIV-A of the Code of Civil Procedure, Samvat 1977 :Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, Samvat 1977 shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement shall be filed.
