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Report No. 253

E. Institutional Arrangements for Commercial Courts

3.16 As earlier mentioned, the proposal to increase the strength of High Courts has also been accompanied by an initiative to increase and provide for additional infrastructure. The Commercial Division of High Courts must, wherever possible, take benefit of new infrastructure but otherwise should be located in the respective High Court's premises. Commercial courts on the other hand should, as far as possible, have separate infrastructure and registries from regular civil courts.

3.17 Commercial Courts should be structured following the Model Court guidelines recommended by the Model Court Report in so far as physical and technical infrastructure are concerned.

3.18 All the proceedings of the Commercial Courts should be digitised. E-filing and all facilities for audio-visual recording should be available.

3.19 A serious issue highlighted not only by researchers studying the judiciary in India,40 but also by the Law Commission,41 has been the inadequacy of, and poor track record of, keeping the relevant data by courts in India. Systematic collection and publication of data by courts in a uniform format would help in assessing the performance of the Commercial Divisions and the Commercial Courts, and in improving transparency in the functioning of these courts.

It is recommended that Commercial Courts, the Commercial Divisions, and Commercial Appellate Divisions be required to publish data relating to number of cases instituted each month, number of hearings conducted, number of cases disposed, and the status of each case in a manner easily accessible to the general public. This will increase the confidence of the general public in the functioning of the judiciary and assist the institution in achieving the purpose for which it was set up.

40. Nick Robinson, The Indian Supreme Court by the Numbers, LGDI WORKING PAPER NO. 2012-2 (2012) available at
<http://azimpremjiuniversity.edu.in/SitePages/pdf/LGDI_WorkingPaper_14December2012_The%20Indian-Supreme-Court-by-the-Numbers_NickRobinson.pdf>.

41. Law Commission of India, 245th Report, supra note 23, at pages 10-11.



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




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