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Report No. 188

(E) Time limits for the Commercial Division to dispose of matters:

As regards the time limits for disposal by the Commercial Division, fresh suits filed after the commencement of the proposed Act, must be disposed of within two years from date of completion of service on opposite party. Existing suits transferred from lower Courts to the High Court and allocated to the Commercial Division must also be disposed of within two years but if they have been already pending for two years or more, they must be disposed of within one year of allocation to the Commercial Division, where opposite parties have already been served by the date of commencement of the proposed Act. Where the transferred suit is still at the stage of service, it should be disposed of within two years of completion of service on the opposite party.

Interlocutory Appeals transferred to the Division must be decided within three months from the date of completion of service or allocation to the Commercial Division. Execution proceedings must be disposed of by the Commercial Division within six months of the passing of the decree. Parties must file their written submissions one month in advance of the date of hearing of the main execution application.

Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back

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