The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“the Act”) which has made amendments to the Civil Procedure Code, 1908 (“CPC”) was enacted to provide speedy disposal of high value commercial disputes to invite investor confidence. The Act is an effort on behalf of the Government to streamline the process of ease of doing business in this country.
It is an endeavour to provide strict timelines for completion of processes so that the adjudicatory process is not rendered a protracted affair.
II. NATURE OF DISPUTE
“Commercial Dispute” has been defined under Section 2(1)(c) of the Act. The definition of is exhaustive in nature and covers a wide variety of disputes arising out of the specified transactions from (i) to (xxii). Whereas Section 9 of the CPC provides the jurisdiction of Civil Courts to try all suits of civil nature except those expressly or impliedly barred. “Suit of Civil Nature” was defined by the Hon’ble Supreme Court in Most Rev. P.M.A. Metropolitan v. Moran MarMarthoma1as being wider than the word ‘civil proceeding’. The expression ‘civil’ has been defined by the Black’s Law Dictionary as “relating to private rights and remedies that are sought by action or suit, as distinct
from criminal proceedings”. It was observed that the width of ‘civil’ has been stretched further by using the word ‘nature’ along with it.
ILP is a full-service law firm, offering unparalleled legal expertise to corporations, individuals and international entities, across a comprehensive range of practice areas including Company Laws, Commercial Laws, Insolvency Laws, Intellectual Property Laws, Information Technology Laws, Sports Laws, Constitutional Laws, and Civil Laws including Succession Laws, Real Estate and Corporate-Criminal Laws, that are critical to the business needs of our clients.
Due to the Bar Council of India regulations, Indian law firms
are not allowed to advertise or solicit work. The access to our website and
virtual office can be provided only on your request. By registering yourself
and clicking at "I Agree" button, you hereby acknowledge the following:
That you have requested for the access to the website and
our virtual office, out of your own volitions, to know more about the firm
and access information provided therein.
There has been no advertisement, solicitation or invitation
or inducement of any sort whatsoever from us or any member of the firm for
soliciting work through this website.
You wish to gain more information about the firm for your
own information and use.
The information provided under this website is solely available
at your request for informational purposes only. The information about the
firm is provided to the user i.e. you the registrant, for your own information
and use. Any information obtained or materials down loaded from this website
is completely at user,s volition and any transmission, receipt or use of this
website would not create any binding professional relationship.
The firm is not liable for any action taken by the user relying
on the material / information provided under this website. In cases, where
the user has any legal issue, he/she in all cases must seek independent legal
advice. The information about us is provided to the user only on the specific
request and any information obtained or materials downloaded from this website
is completely at the user,s volition and any transmission, receipt or use
of this site would not create any lawyer-client relationship.
understand and agree to the above please click I Agree button below.