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Report No. 253

Table 2.4: Pendency of "Commercial disputes" in High Courts with original jurisdiction

High Court

Total Number of Civil Suits pending

Total Number of Commercial Disputes pending

% of Civil Suits that are Commercial Disputes

Bombay

6081

1997

32.83%

Calcutta

6932

5352

77.20%

Delhi

12963

3582

27.63%

Himachal Pradesh

354

88

24.8%

Madras

6326

5865

92.71%

Total

32656

16884

51.7%

2.4.6 Of the total of 32,656 civil suits pending in the five High Courts with original jurisdiction in India, we find that a little more than half (16,884) or 51.7% of them are commercial disputes. This figure would have been far higher if not for the 35,072 suits that were transferred out of the Bombay High Court in 2012 when the pecuniary jurisdiction of the High Court was raised to Rupees One Crore and above.18

18. This is based on the data given by the Bombay High Court to the Law Commission.

2.4.7 One reason for the large pendency of cases could be the lack of judges allocated to the original side in these High Courts. A cursory examination of the number of cases pending per judge on the original side shows that judges are by and large overburdened on account of the fact that enough judges are not allocated to the original side.

Original side jurisdiction in all the five High Courts includes not just civil suits, but also include writ petitions, arbitration petitions and appeals, election petitions, civil contempt petitions, and testamentary cases, among other categories of cases. While the scope of the original side jurisdiction in all these High Courts is not uniform, nevertheless the fact remains that civil suits only form a part of the original side jurisdiction. The following table lists the number of original side cases pending in each High Court.



Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back




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