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Report No. 188

8. Commercial Division to be the Execution court for certain cases

Execution cannot be allowed to delay the realization of fruits of the decree in such high value suits that may come before the Commercial Division in fresh suits that may be filed before it, or in pending suits which are either transferred to it from subordinate Courts or allocated to it from the original side of the High Court. All these execution matters must be dealt with only by the Commercial Division.

As regards the execution matters which are transferred matters, namely, in the pending regular first appeals against decrees passed by Courts subordinate to the High Courts transferred to the Commercial Division and the pending regular first appeals against decrees passed by learned single Judges on the original side which are allocated to the Commercial Division, we recommend that the principle that the Court of first instance should be the executing Court be departed from and that in all such regular first appeals which are pending in the High Court and transferred or allocated to the Commercial Division, execution proceedings shall be initiated and concluded in the Commercial Division.



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