The Delhi High Court has been asked to consider a petition that seeks the establishment of 42 additional commercial courts in the national capital to expedite the resolution of commercial cases. The bench, comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, issued notices to the high court, the Delhi government, and the Centre, and granted them four weeks to respond to the plea filed by advocate Amit Sahni. The petition is a public interest litigation (PIL) matter that seeks directions to set up the 42 commercial courts that were notified by the Delhi government on April 13, 2021, in furtherance of its cabinet decision of March 22, 2021.
The PIL argues that the efficiency of the legal system and the time taken to resolve commercial disputes are essential factors in deciding the growth of investment and overall economic and social development of the nation. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 was passed by Parliament to expedite the justice delivery system concerning commercial disputes. It provides for a separate set of commercial courts to be established by the states at the district level to try suits and claims related to commercial disputes.
Currently, 22 commercial courts are functioning in Delhi, but the 42 additional courts approved and notified by the city government are yet to be appointed. The petitioner had earlier approached the court, and on July 5, 2022, the court accepted the statement made on behalf of respondent number 1 (the administrative side of the high court) that all additional courts would be functional within six months. The plea seeks to ensure that this commitment is fulfilled.
