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 As originally enacted, the legislation required that, commercial cases above Rs. 1 crore were required to be heard by designated courts at the District Courts or High Courts (only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...

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...