Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told
The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad...
The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.
Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Advocate Amit Sahni, seeking establishment of 42 Commercial Courts in the city, as notified by the Delhi government last year, to ensure speedy redressal of commercial cases.
"The writ petition is disposed of on the basis of the aforesaid statement. Pending applications, if any, stand disposed of," the Court ordered.
However, the Court granted liberty to the Petitioner to approach the Court in case the need arises in the future.
According to the affidavit filed by the Registrar General of Delhi High Court, at present, 64 posts of District Judge (Commercial Court) were sanctioned in Delhi Higher Judicial Service and against these 64 posts, 22 Courts of District Judge (Commercial Courts) were functional.
"Thus, at present there is shortage of courtrooms in the court complexes in Delhi to start 42 additional commercial courts, immediately. Once, the remaining 96 under construction court rooms are handed over, the process of establishing 42 new commercial courts may be initiated," the affidavit read.
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 provides for a separate set of Commercial Courts to be set up by the State Governments at the District Level to try suits and claims pertaining to Commercial Disputes.
The Delhi government was directed to file its counter affidavit within 3 weeks, specifically disclosing the status with regard to creation of infrastructure for setting up 42 Commercial courts. Further, the Registrar General was also directed to disclose the position with regard to availability of courtrooms and judicial officers.
The plea averred that efficiency of Legal System and the time taken to resolve the commercial disputes is an extremely important factor in deciding the growth of investment and overall economic and social development of the nation.
It added that the Cabinet had approved the creation of 42 additional dedicated Commercial Courts for the capital and for appointments of ancillary staff.
It was stated that as against the world best practice towards timeline for disposal of commercial disputes of 164 days, Delhi takes 747 days in deciding a commercial dispute.
Thus it was urged that it is essential to appoint 42 dedicated Commercial Courts as notified by the Govt. of Delhi on April 13, 2021, in furtherance of cabinets approval dated March 22, 2021.
Case Title: Amit Sahni v. GNCTD
Citation: 2022 LiveLaw (Del) 629