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Report No. 253

Chapter II

Constitution of Commercial Divisions, Commercial Appellate Divisions and Commercial Courts

3. Constitution of Commercial Divisions, Commercial Appellate Divisions and Commercial Courts :-

(1) In all High Courts having ordinary original civil jurisdiction, the Central Government may after consultation with the relevant High Court and the relevant State Government, by notification, constitute a division of such High Court having ordinary original civil jurisdiction to be called the "Commercial Division" of that High Court. Such Commercial Division shall comprise of such number of judges as may be determined from time to time by the Chief Justice of such High Court.

(2) In all States or Union Territories where the High Court does not have ordinary original civil jurisdiction, the Central Government may after consultation with the relevant High Court and relevant State Government, by notification, constitute a Commercial Court having jurisdiction over such area as indicated in such notification. Such Commercial Court shall comprise of such number of judges as may be appointed in accordance with Section 5 of this Act.

(3) In all States or Union Territories where the High Court has ordinary original civil jurisdiction, the Central Government may after consultation with the relevant High Court and relevant State Government, by notification, constitute a Commercial Court for such area(s), other than the area over which the High Court exercises ordinary original civil jurisdiction. Such Commercial Court shall comprise of such number of judges as may be appointed in accordance with Section 5 of this Act.

Illustration: The Central Government may constitute a Commercial Division in the Principal Seat of Bombay High Court having ordinary original civil jurisdiction at Mumbai. The Central Government may also constitute a Commercial Court in Pune or Nagpur in accordance with this sub-section.

(4) The Central Government shall simultaneously with the issuance of a Notification under sub-sections (1), (2) or (3) above, constitute a division in the relevant High Court to be called the "Commercial Appellate Division" of that High Court. Such Commercial Appellate Division shall have one or more division benches as may be determined from time to time by the Chief Justice of such High Court.



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




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