Commercial Courts Act
Jurisdictional Maze Of Commercial Courts Act, 2015: A Critical Analysis Of Definition Of 'Commercial Dispute'
The Indian judicial system has long struggled with a backlog of civil cases. This often results in litigation dragging on for decades. This delay acts as a significant deterrent to foreign investment and domestic economic dynamism. The Commercial Courts Act, 2015, was enacted to address this systemic inefficiency by creating a specialised class of courts equipped with distinct procedural mechanisms such as mandatory pre-institution mediation, case management hearings, summary judgments, and...
Allowing Filing Of Additional Documents Without Reasonable Cause In Trial Defeats Speedy Disposal Of Commercial Suits: Telangana High Court
The Telangana High Court has reiterated that permitting a party to bring on record additional documents at the trial stage without a reasonable cause would defeat purpose of Commercial Courts Act 2015 which aims at speedy disposal of commercial suits. It further said that a court cannot permit documents to belatedly brought on the court's record on the sole ground that the documents have already been referred to in the written statement. A division bench of Justice Moushumi...
Any Interpretation Diluting Commercial Courts Act Defeats Its Purpose; No Leniency For Litigants Who Protract Proceedings: Delhi High Court
The Delhi High Court has observed that the Commercial Courts Act was enacted with a specific aim of expediting commercial disputes and the processes adopted by them can't be in such a casual manner, so as to convert them into general civil suit.“Any interpretation of any legal provision that dilutes the provision would militate against the basic philosophy behind creation of commercial courts,” said Justice Girish Kathpalia.The observation was made while dealing with a plea challenging a...
Market Value Of Property Must Be Determining Factor Under Commercial Courts Act, Not Court Fee Value: Kerala High Court
The Kerala High Court has held that the market value of the property must be the determining factor under Section 12 (1)(c) of the Commercial Courts Act, and not the valuation adopted for the purpose of court fees under the Kerala Court Fees and Suits Valuation Act, 1959.A Full Bench comprising Justice Sathish Ninan, Justice C.S. Dias, and Justice C.S. Sudha delivered the judgement while answering a reference in ICR (CRP) No.11 of 2025, CRP No.133 of 2024, and OP(C) No.753 of 2024.The Court...
Dispute Between Passenger & Airline Over Refund Of Flight Ticket Not 'Commercial Dispute': Delhi High Court
The Delhi High Court has held that an agreement containing a provision for providing mere services on payment of certain charges cannot, in every case, be termed to be an agreement, dispute in respect of which can be said to be a commercial dispute.“To constitute a dispute to be a commercial dispute arising out of an agreement which contains a provision of services, the agreement or transaction is to necessarily contain an element of commerce or trade or business,” a division bench of Chief...
Pre-Institution Mediation Is Mandatory When Plaint Is Filed U/S 12A Of Commercial Courts Act Unless Genuine Urgency Exists: HP High Court
The Himachal Pradesh High Court held that when a plaint is filed under Section 12A of the Commercial Courts Act, 2015, the plaintiff cannot bypass the mandatory pre-institution mediation unless the relief sought is urgent. The Court remarked that a commercial suit filed without undergoing pre-institution mediation, in cases where no genuine urgency exists, must be rejected under Order VII Rule 11(d) of the Code of Civil Procedure,1908. After perusing the plaint Justice Ajay...
In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court
The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing a commercial appeal filed by M/s Khemka Food Products Pvt. Ltd. against a 2024 order of the Civil Judge (Sr....
Court Must Scrutinise Invocation Of Expression 'Urgent Interim Relief' By Litigants U/S 12A Of Commercial Courts Act: Delhi High Court
The Delhi High Court has held that the expression “contemplates urgent interim relief” under Section 12A of the Commercial Courts Act 2015 though not defined under the statute, demands a rigorous scrutiny of commercial suits bypassing mandatory mediation to ensure that the benefit of exemption under the provision is not misused by unscrupulous litigants.For context, Section 12A mandates mediation before the institution of a commercial suit.Sub-section (1) thereof carves out an exception in suits...
Kerala Court Awards ₹1 Crore Compensation To 'MILMA' In Trademark Dispute Against 'MILNNA'
The Principal Commercial Court, Thiruvananthapuram, has passed a judgment in favour of the Kerala Co-operative Milk Marketing Federation Limited (plaintiff), popularly known as Milma, in a trademark dispute initiated by it against the defendant's brand “MILNNA”.The judgment was passed by Smt. Mariam Salomi, Principal Commercial Judge, Thiruvananthapuram.FactsThe plaintiff is a Co-operative Society incorporated in 1980 and is a state adjunct of the National Dairy Programme 'Operation Flood'. Its...
All Trademark Disputes Aren't Outside Arbitration; In Personam Issues Relating To License Agreement Arbitrable : Supreme Court
The Supreme Court recently held that a mere allegation of fraud or misconduct does not divest an arbitral tribunal of its jurisdiction to adjudicate in personam disputes stemming from contractual relationships governed by an arbitration agreement.“The law is well settled that allegations of fraud or criminal wrongdoing or of statutory violation would not detract from the jurisdiction of the arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of...
High Court May Grant Article 227 Interim Relief In Arbitration Proceedings In Exceptional Cases : Supreme Court
aThe Supreme Court (May 7) held that while the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) mandates minimal judicial interference, a High Court may, in exceptional cases, exercise its supervisory jurisdiction under Article 227 of the Constitution to grant interim relief, particularly where denial of such protection would result in irreparable harm. “We are aware of the established legal principle that the Courts should refrain from interfering with the invocation of a bank...
