Delhi HC Nominates Distt Judges, Addl Distt Judges As Commercial Courts As An Interim Measure

As an interim measure following the revision in the pecuniary jurisdiction of commercial courts, the Delhi High Court has nominated all the district judges/additional district judges of respective districts as Commercial Courts.A circular issued by the Registrar General said, “In pursuance of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018, Hon'ble the Acting Chief Justice and Hon'ble Judges of this Court have been pleased to...

Ordinance To Widen Pecuniary Jurisdiction Of ‘Commercial Courts’ Notified [Read The Notification]

Government on Thursday notified an ordinance on May 3 to amend the Commercial Courts, Commercial Division and the Commercial Appellate Division in High Courts Act of 2015.With rapid economic development, there has been a considerable increase in commercial activities and, consequently, a steep rise in the number of commercial disputes at both the domestic and international levels. The manifold increase in foreign direct investment and overseas commercial transactions has further contributed to...

Cabinet Okays Commercial Courts, Commercial Division and Commercial Division of High Courts (Amendment) Bill, 2018

The Union Cabinet, chaired by Prime Minister Narendra Modi, has approved the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 for introduction in the Parliament.The Bill seeks to achieve the following objectives: Brings down the specified value of a commercial dispute to Rs 3 lakhs from the present Rs 1 crore: Therefore, commercial disputes of a reasonable value can be decided by commercial courts. This would bring down the time taken...

Appeal Against Execution Of Foreign Arbitration Award Not Maintainable Under Commercial Courts Act, Holds SC [Read Judgment]

The Supreme Court has held that appeal provided under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015 cannot be invoked to challenge order allowing execution of foreign award. The division bench comprising Justice R.F Nariman and Justice Navin Sinha held that appeals in respect of arbitration proceedings are exclusively governed by the Arbitration & Conciliation Act 1996, and if no appeal is provided under the Arbitration Act...

Application For Execution Of Arbitral Award Pending Before District Judge Isn’t Transferable To Commercial Court: Chhattisgarh HC [Read Order]

Even if the word ‘application’ is mentioned in sub-section (2) of Section 15, it would mean an original application and not an application for execution of the award which is preferred after the award has been delivered, the Bench said.The Chhattisgarh High Court has held that an application for execution of an arbitral award pending before the district judge is not transferable to the commercial court under Section 15(5) of the Commercial Courts, Commercial Division and Commercial Appellate...

Commercial Courts Should Normally Look Into Express Terms Of A Contract And Not Into The Implied Terms: SC [Read Judgment]

The Supreme Court, on Thursday, cautioned Commercial Courts against looking into the implied terms of a contract, opining that a contract should be read as it is, as per its express terms.The Bench comprising Justice R.F. Nariman and Justice S.K. Kaul observed, “We may, however, in the end, extend a word of caution. It should certainly not be an endeavour of commercial courts to look to implied terms of contract. In the current day and age, making of contracts is a matter of high technical...

Commercial Courts, Another Attempt By The Government To Reduce Overbearing Litigation Numbers

In order to take forward and accelerate the agenda of the “Ease of Doing Business” and “Make in India”, the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court’s Act, 2015 (the “Act”) has been promulgated, which provides for the constitution of Commercial Courts and the establishment of Commercial Divisions and Commercial Appellate Divisions in the High Courts to adjudicate Commercial Disputes for achieving the motive of swift and speedy enforcement of...

Delhi HC CJ nominates Judges to ‘Commercial Division’ and ‘Commercial Appellate Division’ Courts

The Chief Justice of Delhi High Court has nominated five judges of the High Court as the Judges of 'Commercial Division'. ‘Commercial Appellate Division' Courts with Four Division Benches has also been constituted.Justices S. Muralidhar, Hima Kohli, Manmohan Singh, Rajiv Sahai Endlaw and Vibhu Bakhru are nominated as 'Commercial Division' Judges whereas the Division Benches comprising of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal, Justices Indira Banerjee and V. Kameshwar Rao,...

First Commercial Dispute Resolution Centre and Commercial Court inaugurated in Raipur

India’s first Commercial Dispute Resolution Centre and Commercial Court has been inaugurated in Raipur. It also consists of arbitration centre and a mediation centre.“I am hopeful that this place will serve as a milestone for resolving law related problems and improving the law functionary in the state,” Chhattisgarh Chief Minister Dr. Raman Singh was quoted as saying at the inauguration ceremony.“I remember the day in New Delhi when the Supreme Court judge had expressed desire of having a...

Commercial Courts start functioning in Delhi, Mumbai, Himachal Pradesh and Gujarat

Almost five months after the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 received the President’s assent, Commercial Courts have reportedly begun functioning in Delhi, Mumbai, Himachal Pradesh and Gujarat.Introduction of Commercial Courts in India is being welcomed as a positive step for reducing the backlog of cases as well as ensuring the speedy redressal of disputes. The Act received the President’s assent on January 1. It provides for a...

Exclusive; Commercial courts cannot work the way you propose: CJI to PM

“Today a corporate litigant is required to stand, jostle, rub shoulders with may be a pickpocket or some thief or petty offender. Commercial court concept was that we provide a kind of environment which a corporate client may feel comfortable in. I think if we go on setting up commercial courts without providing the necessary infrastructure and the environment it requires it won’t serve the desired purpose“ In a significant statement, Chief Justice of India T S Thakur has asked Prime Minister...

Commercial Courts Act and Arbitration Act Amendment comes into force [Read the Text]

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015 and Amendments to Arbitration and Conciliation Act, which got passed in Rajya Sabha on December 23rd , is notified in the official gazette. Both the laws are deemed to have come into force from 23rd October 2015 and they replace the ordinances.Commercial Courts, Commercial Divisions and Commercial Appellate Divisions The Commercial Courts, Commercial Division and Commercial Appellate Division...