| Contents |
| Chapter I |
Background to the Report |
|
Background to the Report |
| A. |
The 188th Report of the Law Commission |
| B. |
Scheme of the Provisions of the Commercial Division of High Courts Bill, 2009 |
| C. |
Report of the Select Committee on the Commercial Division of High Courts Bill, 2009 |
| D. |
Concerns Raised by the Rajya Sabha |
| E. |
Mandate of the Present Law Commission |
| Chapter II |
Drawbacks of the Present Bill |
| A. |
Difficulties in the Implementation of the Bill |
| (i) |
Lack of original jurisdiction in all High Courts |
| (ii) |
Differing pecuniary jurisdictions within the same Court |
| (iii) |
High pendency of cases |
| Table 2.1: |
Pendency of "civil cases" across High Courts as on 31.03.2014 |
| Table 2.2: |
Comparison of pendency of civil suits in 2003, 2008, and 2013 in High Courts with original jurisdiction |
| Table 2.3: |
Comparison of pendency of civil suits in 2012 and 2013 in High Courts with original jurisdiction |
| Table 2.4: |
Pendency of "Commercial disputes" in High Courts with original jurisdiction |
| Table 2.5: |
Total number of original side cases pending in each High Court with original civil jurisdiction as on 31.12.2013 |
| Table 2.6: |
Breakup of pending commercial disputes in High Courts with original jurisdiction on the basis of value is as follows |
| (iv) |
Delays and arrears in disposal of cases |
| Table 2.7: |
Breakdown of delays in disposal of civil suits in each High Court with original civil jurisdiction |
| (v) |
Transfer of pending matters across the board to the High Court |
| B. |
Difficulties with Procedural Provisions |
| (i) |
Impracticality |
| (ii) |
Direct appeal to Supreme Court is not feasible |
| C. |
Resistance to Change in the Manner of Conducting Litigation |
| (i) |
The United Kingdom |
| (ii) |
Singapore |
| D. |
No Emphasis on Specialisation in the Commercial Division |
| Chapter III |
Need to Update and Reframe the Commercial Division of the High Courts Bill, 2009 |
| A. |
The Need for Commercial Courts in India |
| (i) |
Economic growth |
| (ii) |
Improving the international image of the Indian justice delivery system |
| (iii) |
Improving legal culture |
| B. |
Significant Developments in the Last Five Years |
| (i) |
Model courts |
| (ii) |
Promised increase in the judicial strength of High Courts |
| (iii) |
Computerisation |
| C. |
A Fresh Proposal for the Creation of Commercial Divisions and Commercial Courts |
| D. |
Nomination to Commercial Division and Commercial Appellate Division and Appointments to the Commercial Court |
| E. |
Institutional Arrangements for Commercial Courts |
| F. |
Procedural Improvements |
| (i) |
Special procedure to be followed in Commercial Courts and Commercial Divisions |
| (ii) |
Costs |
| (iii) |
Court Fees |
| (iv) |
Appeals |
| (v) |
Additional Provisions |
| a. |
Arbitration |
| b. |
Hearing of writ petitions concerning commercial disputes by Commercial Divisions |
| c. |
Exclusion of Civil Court Jurisdiction by other law |
| Chapter IV |
Conclusions and Summary of Recommendations |
|
Conclusions and Summary of Recommendations (1) |
|
Conclusions and Summary of Recommendations (2) |
| Annexure |
The Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 |
|
The Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 |
| Chapter I |
Preliminary |
| 1. |
Short title, application, and commencement |
| 2. |
Definitions |
| Chapter II |
Constitution of Commercial Divisions, Commercial Appellate Divisions and Commercial Courts |
| 3. |
Constitution of Commercial Divisions, Commercial Appellate Divisions and Commercial Courts |
| 4. |
Nomination of judges to the Commercial Division and Commercial Appellate Divisions in High Courts |
| 5. |
Appointment of judges to the Commercial Courts |
| 6. |
Jurisdiction of the Commercial Divisions of High Courts |
| 7. |
Jurisdiction of Commercial Courts |
| 8. |
Jurisdiction of Commercial Appellate Divisions of High Courts |
| 9. |
Bar against revision application or petition against an interlocutory order |
| 10. |
Transfer of suit if counter-claim in a Commercial Dispute is of Specified Value |
| 11. |
Jurisdiction in respect of arbitration matters |
| 12. |
Bar to jurisdiction of Commercial Divisions and Commercial Courts |
| Chapter III |
Specified Value |
| 13. |
Definition and determination of Specified Value |
| Chapter IV |
Appeals |
| 14. |
Appeals from orders of Commercial Divisions and Commercial Courts |
| 15. |
Appeals from decrees of Commercial Divisions and Commercial Courts |
| 16. |
Appeals or writ petitions in case of tribunals |
| 17. |
Expeditious disposal of appeals |
| Chapter V |
Amendments to the Provisions of the Code of Civil Procedure, 1908 |
| 18. |
Amendments to the Code of Civil Procedure, 1908 in its application to Commercial Disputes |
| Chapter VI |
Miscellaneous |
| 19. |
Transfer of pending cases |
| 20. |
Infrastructure Facilities |
| 21. |
Training and Continuous Education |
| 22. |
Collection and disclosure of data by the Commercial Courts, Commercial Divisions, and Commercial Appellate Divisions |
| 23. |
Power of High Court to issue Practice Directions |
| 24. |
Act to have overriding effect |
| 25. |
Removal of difficulties |
| Schedule |
Amendments to the Code of Civil Procedure, 1908 |
| 1. |
Amendment of Section 26 |
| 2. |
Amendment of Section 35 |
| 3. |
Amendment of Section 35A |
| 4. |
Amendment of Order V |
| 5. |
Amendment of Order VI |
| 6. |
Amendment of Order VII |
| 7. |
Amendment of Order VIII |
| 8. |
Substitution of Order XI |
| Order XI |
Disclosure, Discovery and Inspection of Documents in Suits Before the Commercial Division of a High Court or a Commercial Court |
| 1. |
Disclosure and Discovery of documents |
| 2. |
Discovery by Interrogatories |
| 3. |
Inspection |
| 4. |
Admission and Denial of Documents |
| 5. |
Production of documents |
| 6. |
Electronic Records |
| 7. |
Certain provisions of the Code of Civil Procedure, 1908 not to apply |
|
Order XIIIA - Summary Judgment |
| 1. |
Scope of and classes of suits to which this Order applies |
| 2. |
Stage for application for summary judgment |
| 3. |
Grounds for summary judgment |
| 4. |
Procedure |
| 5. |
Evidence for hearing of summary judgment |
| 6. |
Orders that may be made by the Court |
| 7. |
Conditional Order |
| 8. |
Power to impose costs |
| Order XV-A |
Case Management Hearing |
| 1. |
First Case Management Hearing |
| 2. |
Orders to be passed in a Case Management Hearing |
| 3,4,5. |
Time limit for the completion of a trial |
| 6. |
Powers of the Court in a Case Management Hearing |
| 7. |
Adjournment of Case Management Hearing |
| 8. |
Amendment of Order XVIII |
| 9. |
Amendment to Order XIX |
| 10. |
Amendment of Order XX |
| Appendix |
Statement of Truth |
|
Statement of Truth |
