Ministry: 
Law and Justice
  • Introduced
    Lok Sabha
    Dec 16, 2009
    Gray
  • Passed
    Lok Sabha
    Dec 18, 2009
    Gray
  • Referred
    Standing Committee
    Dec 22, 2009
    Gray
  • Report
    Standing Committee
    Jul 29, 2010
    Gray

Seeking to enable speedy disposal of high value cases, this Bill aims to constitute a commercial division bench within each High Court.  These Benches would have original jurisdiction on cases where the value at dispute is over Rs 5 crore, and may follow a fast track procedure for such cases.
 

Highlights of the Bill

  • The Bill was passed by the Lok Sabha in Winter Session 2009.  It was not referred to a Standing Committee.  The Rajya Sabha referred it to a Select Committee, which submitted its report in July 2010.
  • The Commercial Division of High Courts Bill, 2009 seeks to establish specialised divisions in High Courts to handle commercial disputes.  All commercial disputes above a ‘specified value’ will be heard by the commercial division.
  • The Bill provides for a fast-track procedure for the commercial division, and sets time-limits for filing documents, and delivering judgements.

Key Issues and Analysis

  • The commercial division is being carved out of the existing strength of judges in High Courts.  While this may speed up commercial disputes, it could lead to further delays in other categories of cases.

Read the complete analysis here