Application For Condonation Of Delay Must Be Submitted With A Written Statement Filed Beyond 30 Days Of Issue Of Summons: Delhi High Court

The Delhi high Court passed an order today holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 days must mandatorily be accompanied with a written application setting out the reasons for the delay. This would allow the court to consider the reasons so given, to condone delay and receive the belated written statement giving reasons for granting such leave and enabling the court to impose appropriate costs, added Justice Asha...

Counsel's Failure To Argue Written Submissions Not A Ground For Review: Bombay High Court

In an important order, the Bombay High Court has observed that written submissions in a dispute become immaterial if the litigant's counsel doesn't rely on them before the court of the first instance.The Bench went on to add that those submissions cannot subsequently be used to challenge any order. "Counsel's failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court. If the written...

Delhi Cabinet Nod For Creation Of 22 Commercial Courts And 42 Additional Posts In Higher Judicial Service

The Delhi Cabinet on Monday approved two separate proposals for establishing 22 commercial courts and 42 Additional posts in the Delhi Higher Judicial Services. Kailash Gahlot, Law Minister of the Delhi Government today said:Delhi Government, under our Hon'ble CM has been consistently focusing on improving 'Ease of Doing Business'. Today's decision is not just another step towards meeting targets, but also one that has been taken after referring to global best practices on fast & efficient...

All Commercial Appeals From District Court Orders To Now Be Listed Before Division Benches: Delhi High Court

The High Court of Delhi has on Wednesday directed its Registry to list all commercial appeals from district court orders before the Commercial Appellate Division Benches. The Court has also directed these appeals to be registered as FAO (Comm) before they are listed before the Commercial Appellate Division. A Single Bench of Justice Sanjeev Sachdeva has directed that all appeals filed under Section 13(1A) of the Commercial Courts Act, 2015, arising out of orders or judgments passed by...

Admission & Denial Of Documents In Suits

Prior to enacting the Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ("Commercial Courts Act"), documents filed with the plaint and the written statement, especially in respect of the existence of the documents, were denied by the parties with impunity. With the introduction of the Commercial Courts Act an elaborate process was formulated in order for a party to admit and deny documents. This, along with other measures/ mechanisms such as discovery, ...

The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades. It is considered to be the most appropriate method amidst the 'Alternative Dispute Resolution' mechanisms as it is cost-effective, flexible, amicable and addresses the conflict in the most cordial of manners. Mediation is a process in which a third non-partisan party seeks to stimulate a voluntary and an unconstrained agreement between the parties in conflict by using negotiation...

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?