Commercial Courts Act
Pre-Litigation Mediation Under The Commercial Courts Act – Mandatory?
Various forms of Negotiation have existed before history started to record it for posterity. In ancient times, people adapted the negotiation methodology to settle their disputes amicably. According to the Black's Law Dictionary,[1] Negotiation is a consensual bargaining process in which the parties attempt to reach an agreement on a disputed or potentially disputed matter. It involves communication in the form a dialogue between the parties to reach a mutually acceptable solution. It is a...
Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP
The Supreme Court on Wednesday asked for the Allahabad High Court to look into and respond on whether not transferring the pending arbitration matters/commercial cases to the concerned Commercial Courts can be said to be contrary to Section 15 of the Commercial Courts Act.The bench of Justices M. R. Shah and B. V. Nagarathna was hearing the matter where the Court had in May issued certain directions to tackle the problem of delay in deciding the matters related to commercial disputes in the...
Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court
The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts.Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not communicate the need for the same."Something specific in terms of statutory language, either by express words or words...
Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told
The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Advocate Amit Sahni, seeking establishment of 42 Commercial Courts in the city, as...
Commercial Courts Act vs. CPC | Power To Condone Delay In Filing Written Statement In Commercial Suits Substantially Different: Delhi High Court
The Delhi High Court has observed that the Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of the written statement as far as the commercial suits are concerned.Order VIII Rule 1 of CPC prescribes that written statement has to be presented within thirty days from the date of service of summons, failing which, delay of not more than 90 days (from date of...
Union Law Minister Requests States To Ensure Adequate Security For Judges & Courts
Union Law Minister Kiren Rijiju on Saturday requested the State Government to ensure adequate security to the judges and court complexes since safe and sound environment for courts is necessary to ensure free and fair delivery of justice.Speaking at the inaugural session of the Joint Conference of the Chief Ministers and Chief Justices of the High Courts, the Minister said :"In order to ensure free and fair delivery of justice it is extremely important that court complexes work in a safe and...
Grant Of Leave For Dispensation Of Mandated Pre-Institution Mediation U/S 12-A Of Commercial Courts Act Is A Judicial Act: Calcutta HC
The Calcutta High Court has recently held that the grant of leave for dispensation of the mandatory requirement of pre-institution mediation as prescribed under section 12-A of the Commercial Courts Act, 2015 would constitute a judicial act.Section 12-A of the Commercial Courts Act provides that a suit which does not contemplate any urgent interim relief, shall not be instituted unless the plaintiff exhausts the remedy of pre- institution mediation under the prescribed rules.Justice Moushumi...
Delhi High Court Seeks Response On PIL For Making 42 More Commercial Courts Operation In National Capital
The Delhi High Court today issued notice on a PIL seeking establishment of 42 Commercial Courts in the national capital, as notified by the Delhi government last year, to ensure speedy redressal of commercial cases.Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 provides for a separate set of Commercial Courts to be set up by the State Governments at the District Level to try suits and claims pertaining to Commercial Disputes.The Division Bench...
Commercial Court Has Jurisdiction Over Suit Property Used For Trade/ Commerce: Andhra Pradesh High Court
The Andhra Pradesh High Court recently transferred a suit from a Civil Court to the Commercial Court as the subject property in the suit was exclusively used for trade or commerce by a partnership firm, before its dissolution. Brief facts of the case The application was filed by the petitioner under Section 24 of Code of Civil Procedure to withdraw the suit from Senior Civil Judge's Court and transfer to Commercial Court for trial and disposal. The case of the petitioner was...
Bengaluru Court Confirms Ex-Parte Temporary Injunction Restraining ACC Steel From Using Trademarks ACC, ACC TMT 500
A Commercial Court in Bengaluru has confirmed the ex-parte temporary injunction issued in 2020 restraining ACC Steel Pvt. Ltd., from using the marks ACC, ACC TMT 500 or any other mark/logo/name, similar and/or deceptively similar to the marks of ACC Limited. The Additional District and Sessions Judge, Basavaraj Chengti allowed the applications filed by ACC Limited and held,"The defendant and his managers, employees, family, agents, etc., acting or claiming under or through or on his...
'Mediators Are Peacemakers' : Justice Hima Kohli At Judges Conclave On Mediation Education
On 27th November, 2021, Justice Hima Kohli, Supreme Court judge, unveiled the 'Mediation Compendium' at the 1st Judges Conclave on Mediation Education organised by the illustrious E-Mediation Writings (EMW). Briefly outlining the contents of the book, which is the first book on the mediation curriculum to be recommended by the Bar Council of India for LLB courses, she referred to the Compendium as a 'comprehensive referencer' for the law students. The essence of the event was to ...
Speedy & Affordable Delivery Of Justice Legitimate Expectation Of People : Union Law Minister Kiren Rijiju
"Speedy and affordable delivery of justice is the legitimate expectation of the people and the collective responsibility of all organs of the State. Access to justice has been recognised as an integral part of the legal framework under the Constitution. All stake-holders are expected to work in tandem to deliver this mandate", expressed Union Law Minister Kiren Rijiju on Saturday.He was speaking at the launch of NALSA's pan-India Awareness and Outreach Campaign at Vigyan Bhawan, New...