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Report No. 253

b. Hearing of writ petitions concerning commercial disputes by Commercial Divisions

3.24.6 In addition to the jurisdiction vested with the Commercial Appellate Division above, it is recommended that even commercial disputes which are appealed to the High Court from a tribunal, under a statute such as the Copyright Act, 1957 or the Trade Marks Act, 1999 be heard and disposed of by the Commercial Appellate Division. Where the order of the tribunal relates to a commercial dispute, and such order is challenged before the High Court, either by way of appeal or writ petition, it is recommended that such disputes also be heard and disposed of by the Commercial Appellate Division.

To prevent any ambiguity in the implementation of the provisions, the names of such tribunals will be specified in law and shall include for instance, the Competition Appellate Tribunal or the Intellectual Property Appellate Board.

3.24.7 It may be clarified here that not all writ petitions under Article 226 and/or 227 which relate in some manner to a commercial dispute should automatically be referred to the Commercial Appellate Division. It is possible that a public interest litigation may, on some occasions, refer to a commercial agreement, but such a dispute should not automatically be placed before the Commercial Appellate Division since the issues involved are likely to be wider and may require different considerations.

Nevertheless, we leave it open to the Chief Justice of the concerned High Court to place such public interest litigation and other writ petitions, which may involve commercial disputes to an extent to be heard and decided by the Commercial Appellate Division.

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

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