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Report No. 253

(ii) Direct appeal to Supreme Court is not feasible

Notwithstanding any law, rule or provision, the Bill provides for an appeal directly from the Commercial Division to the Supreme Court. This, in effect, turns the Supreme Court into a court of first appeal in every case, adding to the burden of the parties in having to file even interim, interlocutory applications before the Supreme Court, and also increasing the burden (and pendency) of the Supreme Court in having to decide more appeals.

This will add to the delay that the commercial cases suffer - both in resolution of the interim orders and final appeals - since every single order of the Commercial Division can (and inevitably, will) be appealed before the Supreme Court. The dispute resolution process will become more costly, time consuming, and less effective.

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

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