The legislation of “The Commercial Courts Act, 2015 has proven a game changer litigation. In India, Establishment of commercial courts has speedup the commercial litigation. Its new and effective substitute of exorbitant and expensive arbitration proceedings. The Commercial Courts Act has had a significant impact on the resolution of commercial disputes in India. The legislation is enacted by the Indian government to establish specialized commercial courts in order to address commercial disputes efficiently and promote ease of doing business, with the aim to expedite the resolution of commercial disputes and enhance the overall investment climate in India. Aegis Legal has major practice involving commercial litigation. We have a very effective and separate team for commercial court lawyer in Delhi. In Delhi there separate commercial courts established in every District Court Building. Its fast track commercial court where mechanism for quick disposal of commercial litigation is enabled. Aegis legal is one of the top and well recognized law firm practicing commercial court cases in Delhi.
By establishing specialized commercial courts, introducing time-bound procedures, and encouraging the use of ADR mechanisms, the Act has contributed to the expeditious an effective resolution of commercial disputes. Filing Pre-litigation mediation is mandatory prior to invoking jurisdiction of commercial court. It has also helped create a more favorable business environment by reducing litigation-related uncertainties and delays, thereby promoting ease of doing business in India.
The Act applies to commercial disputes of a specified value, which are defined as disputes arising out of ordinary transactions of commerce, including those relating to mercantile documents, partnerships, disputes related to maritime law, aviation, infrastructure, immovable property, franchising, intellectual property rights, insurance, and other commercial contracts. The Act also covers cases of commercial arbitration, international commercial arbitration, and commercial disputes involving the government. The commercial courts has the jurisdiction to deal with dispute exceeds Rs. 3,00,000/-.
The commercial court act, also empower the five High Courts of India i.e. High Court of Delhi, Bombay, Madras, Calcutta and Himachal Pradesh to exercise the original civil jurisdiction. The disputes exceeds Rs. 1,00,00,000/- shall be entertain by the original civil jurisdiction of the High Court in the above five states. The Act mandates the establishment of commercial courts at the district level, as well as commercial divisions in High Courts. These specialized courts are equipped to handle complex commercial matters and are staffed with judges possessing expertise in commercial law. The courts must adopt the code of civil procedure, 1908, along with the amended Schedule of the Commercial Court, Act
One of the primary objectives of the Act is to expedite the resolution of commercial disputes. To achieve this, the Act sets strict timelines for various stages of the litigation process. The Commercial Courts are required to dispose of cases within a period of six months from the date of filing, which may be extended by a further period of six months in exceptional circumstances. Appellate courts are also expected to dispose of appeals within six months.
It offers pre-litigation mediation between the Parties. It mandates that the parties must explore the possibilities of the mediation to resolve their commercial disputes before approaching court/initiating litigation except the suit which does not require any urgent interim relief. If the counter party fails to appear or the mediation process fails then the party may approach the commercial court. Our teams also promotes pre-litigation resolution of disputes, in commercial court cases in Delhi.
The mediation process must be completed within the period of three months from the date of filing of the application. However, further two month period may also be granted, in case required.
Appeals from decrees of Commercial Courts and Commercial Divisions — Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order.
Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order: Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996.
Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act.
SummeryJudgement:
The commercial court may also pass an order for summary judgement conditional or unconditional upon the filing of the application for summary judgement by any of the party without recording oral evidence, (only after the summons have been served to the defendant and issue has not been framed), only if the court satisfy himself that the plaintiff or the defendant has no real prospect in succeeding his claim/case.
Aegis legal is one of the best law firm having extensive practice of commercial court cases in Delhi India and has separate specialized team of attorneys who is dedicated to the practice of commercial court cases in Delhi courts viz. Tis Hazari commercial court, Patiala House Commercial Court, Saket Commercial court, rohini commercial court, Delhi High Commercial court cases, Dwarka court commercial court lawyer in Delhi. The firm has best team of lawyers for commercial court practice in Delhi.
DOWNLOAD - Commercial Court Act 2015
