Importance Of Case Management And Practice Directions Before Commercial Courts

Case Management is a judicial process which provides effective, efficient and purposeful judicial management of a case so as to achieve a timely and qualitative resolution of a dispute. It assists in the early identification of disputed issues of fact and law, the establishment of a procedural calendar for the life of the case and the exploration of a possibility of resolution of the dispute through methods other than the Court trial. Practice directions are issued by the Court to...

[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose

The object of the Commercial Courts Act, 2015 is to improve India's image as an attractive investment destination. The ease of doing Business index is assessed by the World Bank based on 10 parameters and "Contract enforcement "is one of them. India is known for its judicial delays and backlogs. In order to erase that image and to encourage foreign investments, the Commercial Courts Act came to be enacted. The Act envisages early disposal of Commercial disputes involving a particular...

Commercial Courts Act, 2015 "An Overview"

This Act came into force with effect from 23rd Day of October, 2015, and further amended on 3rd May, 2018, with primary objective of adjudication of disputes falling under this Act in a swift time bound manner and lesser hassles to the litigating parties and by introducing minimal interference by the higher courts, when the dispute is pending before the Commercial Court constituted under this Act. To generate confidence of the parties entering into commercial agreement/transactions in...

[Commercial Courts Act] Delhi HC Decision In Superon: Opening Of A Pandora's Box?

In a recent decision in D&H India Ltd. versus SuperonSchweisstechnik India Ltd.[1], the Delhi HIgh Court adjudicated on the maintainability of a first appeal under Section 13 of the Commercial Courts Act, 2015 (hereinafter referred to as the "Act") from an order of the Single Judge exercising original side commercial jurisdiction. It is not in dispute that in the event that a suit is filed and registered as a commercial suit, the Commercial Courts Act would hold the field. The Act...

Appeals To Commercial Appellate Division Lie From Orders Passed Under HC Rules : Delhi HC [Read Order]

The Delhi High Court recently had the occasion to examine the scope of Appellate Jurisdiction of the Commercial Courts under Section 13 of the Commercial Courts Act, 2015 (hereinafter "Act") in the case of 'D&H India Ltd. V Superon Schweisstechnik India Ltd.' (hereinafter the "Superon Judgment") [being FAO (OS)(COMM) 237/2019, decided on 16.03.2020]. In a nutshell, the Delhi High Court has inter alia held that Section 13 of the Commercial Courts Act (under Chapter IV, Appeals) entitles...

[Order 8 Rule 1 CPC ] Time Limit To File Written Statement : Mandatory Or Directory

Does Desh Raj v. Balkishan clarify whether the time limit to file Written Statement is Mandatory or Directory?

Disputes Arising Out Of Immovable Property 'Actually Used' In Trade Or Commerce Alone Are 'Commercial Disputes': SC [Read Judgment]

"The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”."

Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study

In 2015, the Commercial Courts Act, 2015 was introduced to expedite the disposal of high-value commercial disputes. As originally enacted, the legislation required that, commercial cases above Rs. 1 crore were required to be heard by designated courts at the District Courts or High Courts (only if the High Court had ordinary original civil jurisdiction). In 2018, to widen the scope of the Act, the pecuniary threshold was reduced from Rs. 1 crore to Rs. 3 lakhs. The procedural reforms...

Mandatory Timeline Of 120 Days For Filing WS Not Applicable To Suits Filed Prior To Enactment Of Commercial Courts Act: Bombay HC

The Bombay High Court has held that the mandatory timeline of 120 days for filing a written statement in a commercial suit would not apply to suits filed prior to the enactment of the Commercial Courts Act 2015. Justice SJ Kathawalla has held that a commercial court may hold case management hearings with regard to such suits that are also referred to as 'transferred' suits. Case management hearings are prescribed under the newly-introduced Order XV-A of the Civil Procedure Code. The...

Delhi HC Directs Govt. To Set Up 18 Fast Track & 22 Commercial Courts [Read Order]

The Delhi High Court has directed the government of NCT Delhi to decide on the establishment of 18 fast track courts and 22 commercial courts in various districts of Delhi as demanded by the high court and sought a report on the decision taken before May 30. A division bench of Chief Justice Rajendra Menon and Justice Anup J Bhambani held that once the high court has made a demand for establishment of certain courts (fast track and commercial) for speedy disposal of cases, the state...

Delhi HC To Transfer Commercial Suits Valued At Or Below Rs.2 Crores To District Courts [Read Circular]

The Delhi High Court yesterday issued a circular to transfer all commercial suits valued at or below Rs. 2 crores pending before it to the respective District Courts.The circular is based on the recently passed Commercial Courts, Commercial Division and Appellate Division of High Courts(Amendment) Act 2018, which altered the specified value from Rs.One crore to Rs. 3 lakhs.The circular will be applicable to commercial suits filed on or after May 3, 2018, the date from which the amendment is...

Commercial Courts Amendment Bill Passed By Lok Sabha Reduces Pecuniary Jurisdiction to Rs 3 Lakhs [Read Bill]

The Commercial Courts(Amendment) Bill 2018 passed by the Lok Sabha on August 1  seeks to lower the pecuniary jurisdiction of Commercial Courts from Rs 1 Crore to Rs 3 lakhs.This is sought to be done through amendment to Section 2(j) of the Act which defines "specified value". As per Section 6, Commercial Courts can try suits relating to commercial transactions having the "specified value".  The amendment will widen the scope of Commercial Courts, by bringing in more commercial disputes within...