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How Commercial Court works in India?
As the commercial courts system in India was designed to expedite the resolution of commercial disputes. The Commercial Courts, Commercial Division, and Commercial Appellate Division of High Courts Act, 2015, govern this process.
Here is a general overview of how commercial courts work in India:
- Commercial disputes involving a claim of at least ₹3,00,000 (three lakhs) or such higher value as may be notified are usually heard by commercial courts.
- Commercial courts are established at the district level, while the Commercial Division and Commercial Appellate Division operate at the High Court level.
- The procedure for filing cases in commercial courts is typically faster and more streamlined than in regular civil courts.
- The Act mandates a timeline for the disposal of commercial disputes to ensure timely resolution.
- Judges in commercial courts are expected to have expertise in dealing with commercial matters, and there is a focus on specialization in commercial law.
- Alternative Dispute Resolution (ADR):
- The Act encourages the use of alternative dispute resolution mechanisms such as arbitration, conciliation, and mediation to resolve disputes.
- Decisions of commercial courts can be appealed in the Commercial Appellate Division of the respective High Court.
- The Act emphasizes the expeditious disposal of commercial cases. Trial courts are expected to complete the trial within a period of 6 months, and the appeal process is also time-bound.
- Case Management:
- Case management techniques are encouraged to streamline proceedings and avoid unnecessary delays.
- Interlocutory Applications:
- Interlocutory applications, including those for temporary injunctions, are also expected to be disposed of expeditiously.
The main object of the Act was to ensure the speedy disposal of high-stake commercial matters and and specialization of disputes to entertained. Therefore in this article we have to see the details of commercial courts and how it works.