Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries

In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. The Commercial Courts Act, 2015 (Commercial Courts Act, hereinafter) provides a specialized framework for the adjudication of commercial disputes so that the process becomes faster and more efficient. Though the Commercial Courts Act is aimed at...

[Commercial Courts Act] IPR Suits Involving Infringement Can Be Ordinarily Instituted Without Exhausting Mediation U/S 12-A: Bombay HC

The Bombay High Court has observed that a plea of urgent interim relief by bypassing pre-litigation mediation as stipulated under Section 12-A of the Commercial Courts Act, 2015, can be rejected only in cases of deception or falsity apparent from the plaint itself. With respect IPR suits involving infringement or passing off, the Court stated that such suits could be ordinarily instituted without exhausting the pre-litigation mediation requirement under Section 12-A of the C.C. Act.A single...

Interference With Functioning Of Petrol Pump Sufficient Ground To Bypass Pre-Institution Mediation Under Commercial Court Act: Allahabad HC

Recently, the Allahabad High Court has held that pre-institution mediation as provided in Section 12A(1) of Commercial Court Act, 2015 can be bypassed when there is interference with the functioning of a petrol pump.Section 12A(1) of the of Commercial Courts Act, 2015 provides that where in a suit no urgent relief is contemplated, such suit may not be instituted unless remedy of pre-institution mediation has been exhausted by the plaintiff. Defendant-appellant was owner of the property on which...

Commercial Disputes Take Effect Beyond Private Sphere Of Contracting Parties, Create Ripple Effect On Commercial Movement: Telangana HC

The Telangana High Court has elaborated on the interpretation of "commercial disputes" under the Commercial Courts Act, 2015. The Court clarified that any dispute arising out of a commercial agreement cannot be termed a 'Commercial Dispute' as long as only the contracting parties will be affected. “In essence, a commercial dispute would be one where the nature of the agreement or the consequence arising therefrom would take the effect of the agreement beyond the private sphere of...

Section 5 Of Limitation Act Can Be Applied To Condone Delays Under Commercial Courts Act Even In Absence Of Express Provisions: Bombay HC

The Bombay High Court condoned delay in filing an appeal pertaining to a commercial suit, citing Section 13 of the Commercial Courts Act which allows for the condonation of delay, even in absence of any specific provisions in the Limitation Act. The Court referred to Section 29 of the Limitation Act, stating that since the Commercial Courts Act does not specify a limitation period, Sections 4 to 24 of the Limitation Act apply.The Division Bench of Nitin W. Sambre and Abhay J. Mantri were...

When Does An Appeal Lie To The Commercial Appellate Division Of The Court? Kerala High Court Discusses

The Kerala High Court in a recent order held that appeals will lie in the Commercial Appellate Division of High Court when the order is passed by Commercial Court at the level of a District Judge or by the Commercial Division of the High Court. Division Bench of Justice Anil K. Narendran and Justice Harisankar V. Menon said, if the order is passed by a Commercial Court below the level of a District Court, it has to be challenged before the Commercial Appellate Court. Any Act passed by the State...

[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court

The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.“Agreements relating to immovable property used exclusively in trade or commerce fall under the purview of “commercial disputes” as definer by Section 2(c)(vii) of the CC Act. This categorization...

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...