Delhi HC Directs to Set Up 42 Commercial Courts Within Six Months for Speedy Redressal of Cases
GG News Bureau
New Delhi, 5th July. The Delhi High Court directed its Registrar General, the Government of NCT Delhi, and others on Tuesday to establish 42 commercial courts within six months for speedy redressal of cases.
The court’s directive came during the hearing of a Public Interest Litigation (PIL) on Tuesday, which sought directions for the establishment of 42 more Commercial Courts, as notified by the Delhi Government on April 13, 2021, to ensure the prompt resolution of commercial cases filed in Delhi in the larger public interest.
The bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad noted down the administrative side’s submission on Tuesday, stating that a lack of courtrooms is impeding the establishment of additional commercial courts, which will be established once the infrastructure is completed.
The Court also took note of the Delhi Government’s submission, which stated that the Chief Secretary, Government of NCT of Delhi, had requested during the June 7 meeting that the PWD strictly adhere to the timelines for construction of prefabricated courtrooms and hand over the same formally within the prescribed timelines.
Taking note of the submission, the bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad directed all respondents on Tuesday to set up the infrastructure for 42 commercial courts within six months.
The court allowed petitioner Amit Sahni to re-apply if the order note was not followed within a certain time frame.
“The efficiency of the 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,” said the petitioner Amit Sahni, who is a practicing advocate.
“The delay caused in the dispensation of justice has taken note of High Courts and the Supreme Court from time to time and the directions have been issued to recruit the pending vacancies in different courts of the country,” the petitioner added.
According to the petition, there are currently 22 commercial courts functioning in Delhi, but the additional 42 Courts approved by the Government of National Capital Territory (NCT) Delhi on March 22, 2021 and subsequently notified on April 13, 2021, have yet to be appointed.
“As against the world’s best practice towards the timeline for disposal of commercial disputes of 164 days, Delhi takes 747 days in deciding a commercial dispute. Mumbai, on average, takes only 182 days,” said the petition.
The petition also stated that, despite the Government of NCT Delhi’s notification of 42 additional commercial courts, the High Court of Delhi’s Registrar General has not created the positions.
The Petitioner further states, “Delhi courts have been over-burdened, as per the data available on the official website of District Courts, Delhi. Till February 2022, there are 26959 cases pending in 22 Commercial Courts functioning in Delhi District Courts, thus, it is essential to appoint 42 dedicated Commercial Courts.”
“In order to expedite the justice delivery system at least concerning commercial disputes, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 has been passed by the Government, which 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 plea read.
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