The President
Promulgated an Ordinance constituting Commercial
Courts in India
Commercial Courts established in India
The
President of India (Shri Pranab Mukherjee) on October 23, 2015 promulgated the
Commercial Courts, Commercial Division and Commercial Appellate Division of
High Courts Ordinance, 2015, No. 8 of 2015.
The Ordinance is
aimed to provide speedy settlement of commercial disputes by providing for the
constitution of Commercial Courts, Commercial Division and Commercial Appellate
Division in the High Courts for adjudicating Commercial Disputes of Specified
Value, which shall not be less than One Crore Indian Rupees or such higher
value as may be notified by the Central Government and for matters connected
and incidental thereto.
The State Government
may after consultation with the concerned High Court, by notification,
constitute such number of commercial courts as it deems necessary provided no
Commercial Court shall be constituted over which the High Court has ordinary
original civil jurisdiction.
Pursuant to this
Ordinance, all suits and applications, including the ones under The Arbitration
and Conciliation Act, 1996 relating to commercial disputes of such specified
value pending in the High Court or any civil court in any district, shall be
transferred to the Commercial Division or Commercial Court as the case may be.
Further,
all suits and applications transferred to the High Court by virtue of Section
22 (4) of the Designs Act, 2000 pertaining to Piracy of a Registered Design, or
Section 104 of the Patents Act, 1970 pertaining to Jurisdiction of Suits
concerning Infringement of Patents, shall be heard and disposed of by the
Commercial Division of the High Court in all the areas over which the concerned
High Court exercises ordinary original civil jurisdiction.
The
said Ordinance can be accessed here.
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