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The counsel for plaintiff submitted that he has already moved an amendment application for correct valuation of the suit as Commercial Suit as per Section 12 of Commercial Courts Act and once the amendment application is considered and (RAJ KUMAR CHAUHAN) District Judge (Commercial Court) South East/Saket Courts New Delhi.

5.4 Fourthly, it is already explained by the plaintiff that inadvertently due to error the correct valuation was not done at the time of filing of the suit and for that purpose the amendment is necessary as the valuation is to be done with regard to permanent and mandatory injunction as claimed in respect of the immovable property subject matter of lease deed used for Commercial and trade purposes as per Section 7 (iv) of the Court Fees Act i.e. that the suit has to be valued for the purpose (RAJ KUMAR CHAUHAN) District Judge (Commercial Court) South East/Saket Courts New Delhi.

18. Admittedly, both the parties have agreed that correct valuation of the present plaint was not done for the purpose of Court fees and jurisdiction and there is almost agreement between both the parties i.e. the plaintiff and the defendant that the suit has to be valued for the purpose of Court fees and jurisdiction as per Section 7 of The Court Fee Act.

19. Now, this Court has to decide whether the said mistake in the valuation can be rectified or corrected by this Court or this Court has no jurisdiction to entertain the amendment application for making the correct valuation of the plaint for the purpose of Court fees and jurisdiction? The Commercial Court Act has been enacted by the parliament for expeditious disposal of the commercial dispute. One of the major object of enactment of the Commercial Court Act was to improve the ranking of our country in the ease of doing business which is being monitored by World Bank. If a commercial suit is allowed to be shuttled from one Court to another for the purpose of doing ritualistic formality of correcting the valuation which has been incorrectly done, the very purpose of enactment of the Commercial Courts Act shall stand defeated. I find force in the arguments of learned counsel for plaintiff that the opposition of (RAJ KUMAR CHAUHAN) District Judge (Commercial Court) South East/Saket Courts New Delhi.

defendant to entertain the present application by this Court, would delay the proceedings and disposal of the present suit and no purpose would be served by sending the present file to the Court of Learned Senior Civil Judge for the purpose of correcting the valuation by way of amendment application. The practical and pragmatic view in the given facts and circumstances of the case would be to allow the mistake of the plaintiff in valuation of the plaint to be corrected by this Court who is seized with the matter notwithstanding whether it would be having pecuniary jurisdiction to entertain the same or not, if the amendment is allowed. Admittedly, the Court of Senior Civil Judge will also not have the jurisdiction to entertain the present suit, in case the amendment is allowed because after the amendment the pecuniary jurisdiction to entertain the present suit would lie with the Hon'ble High Court of Delhi only. Thus, from the very inception of the suit if the correct valuation had been done by the plaintiff, the present plaint was required to be presented in the Hon'ble High Court of Delhi and not in the Court of District Judge (Commercial Courts) or with the Senior Civil Judge.