Commercial Courts Act
Order Of Transferring Case May Mar Judge's Career For Life, Must Not Ordinarily Be Resorted To: Delhi High Court
The Delhi High Court has observed that an order of transferring a case to another court may mar the career of the judicial officer for life and thus, such a step must not ordinarily be resorted to. Justice C Hari Shankar said that transfer of a matter outside the court which is hearing it, and which has the jurisdiction to hear it, is an extremely serious matter. “It is a step which is ordinarily not to be resorted to. It casts aspersions on the impartiality and, at times, even on the integrity,...
Industrial Disputes Act Is Beneficial Legislation; Strict Timelines Under Commercial Courts Act Or CPC Ought Not To Apply: Delhi High Court
The Delhi High Court division bench of Justice Rekha Palli and Justice Saurabh Banerjee partially upheld the order of an Industrial Tribunal to allow a Worklady to submit additional documents along with her affidavit of evidence. The bench held that the Industrial Disputes Act, 1947 is a beneficial legislation where the strict timelines under the Commercial Courts Act or the CPC ought not to be applied. Brief Facts: The matter pertained to a Single Judge order of the Delhi High...
Commercial Courts Act | Can't Permit Written Statement After 120 Days, Summer Vacations Not 'Extraordinary Circumstance': MP High Court
In a commercial suit, Madhya Pradesh High Court has underscored that a written statement filed after the lapse of 120 days since the service of summons cannot be taken on record.The Division Bench of Justices Sujoy Paul and Vivek Jain also refused to consider routine summer vacations as an 'extraordinary circumstance' mentioned in Prakash Corporates v. Dee Vee Projects Limited, 2022 LiveLaw (SC) 162 that warrants a relaxation of the rigid 120 days' duration. In Prakash Corporates, the apex court...
Commercial Courts Act | Section 13(2) Contains Non-Obstante Clause Which Does Not Provide For Second Appeals: Kerala High Court
The Kerala High Court recently considered the maintainability of a second appeal filed under the Commercial Courts Act. The issue before the Court was, “whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court?”Justice A. Badharudeen, dismissing the second appeal as not maintainable observed thus: “..If so, Commercial Courts Act does not provide second appeal. Therefore, it has to be held that the present second appeal filed, challenging the...
Competent Court Can Examine Valuation Of IPR Suit Below ₹3 Lakhs, Transfer To Commercial Courts Not Necessary: Delhi High Court
The Delhi High Court on Thursday ruled that it would be open for the competent court to examine the “declared specified value” and the value ascribed to the reliefs claimed in an IPR suit if it is pegged below Rs. 3 lakhs, adding that its undervaluation would have to be evaluated based on the facts of each case. A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that the exercise can be legally undertaken by the competent court itself and that such matters need not be...
Urgent Interim Relief Under Section 12 A (1) Of Commercial Courts Act, 2015,- A Camouflage Or Reality
Clearing the mist of controversy among the courts of our nation, the Hon’ble Supreme Court of India in a landmark Judgement of M/s Patil Automation Private Limited Vs. Rakheja Engineers Private Limited laid down that pre institution mediation in commercial matters is mandatory for the parties before approaching the commercial courts. However, in Patil Automation, the Hon’ble Apex Court did not “dwell upon” the cases which contemplate “urgent Interim relief”. Therefore, the question arose...
Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court
The Delhi High Court has said that commercial courts can permit recording of cross-examination of overseas or outstation witnesses, who cannot travel due to any reason, through video conferencing after following the prescribed procedure, if the reason is found to be genuine and bona fide. “This would ensure that cross-examination of witnesses is not conducted in a never ending manner and such witnesses are not inconvenienced, especially, if they are to travel from foreign countries,” Justice...
Delhi High Court Directs Its Administration To Ensure All Commercial Courts Are Made Fully Functional As And When Infra, Judges Are Available
The Delhi High Court has directed its administration to ensure that all the Commercial Courts in the national capital are made fully functional as and when the infrastructure and judges are available for such courts. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula disposed of a PIL moved by Advocate Amit Sahni seeking setting up of the Commercial Courts in terms of a 2021 decision taken by the Delhi Government’s cabinet for creation of 22 Commercial Courts and...
Commercial Suit | Plaintiff Seeking Amendment Of Plaint To Produce Documents Must Show Reasonable Cause For Not Disclosing Them Earlier: Bombay HC
The Bombay High Court recently held that a plaintiff in a commercial suit seeking to amend his plaint to place documents on record must show reasonable cause for not disclosing the documents in the plaint at the time of filing of the suit, if they were in his power and possession.Justice Manish Pitale held that the provisions of the Commercial Courts Act must operate rigorously to commercial suits to achieve its objective of speedy disposal of high-value commercial disputes.“...the only...
Delhi High Court Restrains Canva From Making Available ’Present And Record’ Feature In India In Patent Infringement Suit By RxPrism
The Delhi High Court has restrained Canva, an Australian multi-national graphic design platform, from making available its “Present and Record” feature in India in a patent infringement suit filed by RxPrism Health Systems Private Limited. Justice Prathiba M Singh also directed Canva to deposit Rs. 50 lakhs with the Registrar General as a security for RxPrism’s claims for past use of the infringing feature in India. This was done considering revenue and sales figures of the users who used the...
Commercial Court Can’t Reject Execution Application Filed Where Judgment Debtor Resides On Grounds Of Lack Of Territorial Jurisdiction: Allahabad HC
The Allahabad High Court recently observed that a Commercial Court cannot reject an application filed where the judgement debtor resides for execution of an arbitral award, on the ground of lack of territorial jurisdiction. “This Court finds that the law in regard to moving the execution application has already been settled by Apex Court in the case of Sundaram Finance Limited (supra) and provisions of Section 36 of the Act of 1996 is clear to the extent that provisions of Code of...
Refusal To Refund Court Fees In An Unadjudicated Lis Would Discourage Litigant From Approaching Justice Dispensation System: Delhi High Court
The Delhi High Court has observed that the refusal to refund court fees in a lis which remained unadjudicated and expecting the litigant to pay it again would discourage the litigant from approaching the justice dispensation system. “Such a form of docket exclusion would be highly counterproductive for any civilized society,” a division bench of Justice Rajiv Shakdher and Justice Girish Kapthlia observed. The court made the observation while allowing the appeal of a litigant, plaintiff in a...