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...

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...