Aegis Legal is one of the best Commercial Court litigation firm in Delhi NCR which has very extensive practice of civil, commercial & mercantile law, especially corporate litigation, commercial litigation, breach of contract, damages, recovery suit etc. litigation in Delhi. The founder partner of the firm Mr A K Singh advocate is known as noted civil & commercial lawyer of India, who heads commercial court litigation practice of the firm. Under his guidance the firm has been engaged in many high-profile commercial court litigation across India.
A Commercial Court is a specialized court within the civil court system that deals with disputes arising from business transactions and other commercial matters. These courts aim to resolve commercial disputes efficiently and effectively, often involving large financial stakes.
The primary objective of the Commercial Courts Act, 2015 is to facilitate the speedy and efficient resolution of commercial dispute. This is achieved by establishing specialized commercial court, commercial division in High Court and Commercial appellate divisions. The purpose of the Commercial Courts Act, 2015 is to ensure that the Commercial Cases are disposed of expeditiously, fairly and at reasonable cost to the litigant.
Commercial courts are defined under section 2 of the Commercial Courts Act, 2015 and is constituted under section 3 of the Commercial Courts Act, 2015.
A certain procedure is to be followed if a commercial suit if to be filed under the Commercial Courts Act, 2015;
- The person who files the plaint is called plaintiff and he has to file a list of all documents and photocopies in its power, possession, control or custody pertaining to the suit, specifying whether such documents are original, office copies or photocopies and must state in brief details of the parties to each document, mode of execution, issuance or receipt and line of custody of each document.
- The Plaintiff shall submit a Statement of Truth from the Plaintiff that all the documents in the power, possession, control or custody pertaining to the facts and circumstances of the proceedings have been disclosed and copies thereof annexed with that the Plaintiff does not have any other document in his possession.
- In case of urgent filing, the Plaintiff may seek to leave to reply on additional documents and shall file them within 30 days of filing the suits, along with a declaration on oath.
- No Plaintiff will be allowed to reply on documents which were not disclosed, save and expert by leave of court and such leave shall be granted only upon the Plaintiff establishing reasonable cause for such non-disclosure.
- The plaint shall disclose all the details of the documents which the Plaintiff believes to be in his power, possession, control and custody of the Defendant and which the Plaintiff wishes to rely upon and seek leave for production thereof.
- All the above-mentioned precedent procedure also applies on the Defendant in relation to filing of his Written Statement or Counterclaim.
- This is duty of the Plaintiff and the Defendant to disclose of the relevant documents for the just adjudication and disposal of the suit.
- Ant of the party whether Plaintiff or the Defendant at any stage, seek direction for the inspection, production of the adequate documents by the other party of which the inspection has been refused or documents have not been produced despite notice to produce. Such an application must be disposed within 30 days of its filing.
Jurisdiction of the Commercial Courts is stated under section 6 of the Commercial Courts Act, 2015. The Commercial Courts are made to resolve all suits and applications relating to the commercial dispute arising out of the entire territory of the State over which it has been vested within the territorial jurisdiction.
Section 11 of the Commercial Courts Act, 2015 deals with the bar on jurisdiction of Commercial Court and Commercial division and provides that they shall not be empowered to decide any suit, application or proceedings related to any commercial dispute in respect of which the jurisdiction of the Civil Court is either expressly barred under any other law for the time being in force.
There is also a concept of ‘Mediation’ and ‘Settlement’ in the Commercial Courts Act, 2015 which is stated under section 12A of the Act. Section 12A of the Act deals with “Pre-institution Mediation and Settlement”. Mediation means resolving dispute outside the Commercial Court with the help of specific authorities appointed by the Central Government under the Legal Services Authorities Act, 1987. As per the amendment of the Commercial Courts Act in 2018, Pre-institution mediation and settlement is a necessary procedure which has be followed by a party if he wants to file a suit in the Commercial Courts Act, 2015. Therefore, according to section 12A of the Act, a suit cannot be instituted unless the Plaintiff involves in remedy of pre-institution mediation in such a manner prescribed by the Central Government. According to section 12(3) of the Act, the time taken for resolving the dispute by mediation should be 3 months from the date of application made by the Plaintiff. Provided that time period can be extended to 2 months with the consent of the parties. When the parties come to a solution/settlement then the settlement deed shall be filed by both the parties and the same is dealt under section 12(4) of the Commercial Courts Act, 2015.
Section 13(1), Chapter IV of the Commercial Courts Act, 2015 deals with the provision of Appeals. Appeal from an order of Commercial Court below District level Judge will lie before the Commercial Appellate Division and must be filled within 60 days. Section 13 of the Act is produced herein under:
“13. Appeals from decrees of Commercial Courts and Commercial Divisions.—(1) 1 [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. (1A) 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, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).] (2) 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”.
According to section 14 of the Commercial Courts Act, 2015, the commercial appellate court and the commercial appellate division shall try to dispose of the appeals filed within a period of six months from the date of filing of such appeal. Section 14 of the Act is being produced hereunder:
“14. Expeditious disposal of appeals.—The 2 [Commercial Appellate Court and the Commercial Appellate Division] shall endeavor to dispose of appeals filed before it within a period of six months from the date of filing of such appeal.”
Section 15 of the Commercial Courts Act, 2015 deals with the Transfer of pending cases and the proviso to section 15(2) of the Act clearly provides that no suit or application wherein the final judgment has been reserved by the Court prior to the Commercial Division or Commercial Court shall be transferred.
In a very short span of time, the firm has grown its commercial court practice manifold. We are one of the best Commercial Court litigation firm in Delhi NCR which has very extensive practice of civil, commercial & mercantile law, especially corporate litigation, commercial litigation, breach of contract, damages, recovery suit etc. litigation in Delhi.
