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Commercial Courts Notes 4

 

Chapter IV: Appeals

Section 13: Appeals from Decrees of Commercial Courts and Divisions

13(1) Appeals from Commercial Courts below District Judge

  • Right of appeal for any person aggrieved by a judgment or order of a Commercial Court below the level of District Judge to the Commercial Appellate Court within sixty days.

13(1A) Appeals from District Judge-level Commercial Courts and Commercial Division of High Court

  • Right of appeal for any person aggrieved by a judgment or order to the Commercial Appellate Division of the relevant High Court within sixty days.

  • Appeals restricted to orders specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (as amended) and section 37 of the Arbitration and Conciliation Act, 1996.

13(2) Restriction on Appeals

  • Prohibition against appeals from any order or decree of a Commercial Division or Commercial Court except as provided by this Act.

Section 14: Expeditious Disposal of Appeals

  • Mandate for Commercial Appellate Court and Commercial Appellate Division to endeavour disposal of appeals within six months from the date of filing.

Chapter V: Transfer of Pending Suits

Section 15: Transfer of Pending Cases

15(1) Transfer of Suits Pending in High Courts to Commercial Division

  • Mandates transfer of all suits and applications related to commercial disputes of Specified Value pending in High Court (where a Commercial Division exists) to the Commercial Division.

15(2) Transfer of Suits Pending in Civil Courts to Commercial Court

  • Mandates transfer of all suits and applications related to commercial disputes of Specified Value pending in any civil court within the district/area of a Commercial Court to such Commercial Court.

15(2) Proviso: Exclusion for Reserved Judgments

  • Excludes suits/applications where final judgment was reserved prior to constitution of Commercial Division or Commercial Court from transfer.

15(3) Application of Act to Transferred Cases

  • Applies provisions of the Act to transferred cases for those procedural matters not completed at the time of transfer.

15(4) Case Management of Transferred Suits

  • Enables Commercial Division or Commercial Court to hold case management hearings for transferred suits/applications.

  • Court may prescribe new timelines or issue directions for effective and speedy disposal under Order XV-A of the Code of Civil Procedure, 1908.

  • Proviso: The proviso to sub-rule (1) of Rule 1 of Order V of CPC does not apply; court may set new time for filing written statements.

15(5) Withdrawal and Transfer of Suits by Commercial Appellate Division

  • Commercial Appellate Division may, on application by a party, withdraw suits not transferred under previous subsections and transfer them to the Commercial Division or Commercial Court with proper territorial jurisdiction.

  • Order of transfer is final and binding.

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