SectionsParticulars
Preamble
An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commer...
Chapter IPreliminary
1Short title, extent and commencement
1. Short title, extent and commencement.- 1.     This Act may be called the Electricity Act, 2003.2.     It extends to the whole of India except the State ...
2Definitions
1.     In this Act, unless the context otherwise requires,––a.     “Commercial Appellate Division” means the Commercial Appellate Division in a High Court con...
Chapter IIConstitution of Commercial Courts, Commercial Divisions and Commercial Appellate Divisions
3Constitution of Commercial Courts
1.     The State Government, may after consultation with the concerned High Court, by notification, constitute such number of Commercial Courts at District l...
4Constitution of Commercial Division of High Court
1.     In all High Courts, having ordinary civil jurisdiction, the Chief Justice of the High Court may, by order, constitute Commercial Division having one or...
5Constitution of Commercial Appellate Division
1.     After issuing notification under sub-section (1) of section 3 or order under sub-section (1) of section 4, the Chief Justice of the concerned High Cour...
6Jurisdiction of Commercial Court
The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Value arising out of the entire...
7Jurisdiction of Commercial Divisions of High Courts
All suits and applications relating to commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdiction shall be he...
8Bar against revision application or petition against an interlocutory order
Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any in...
9Transfer of suit if counterclaim in a commercial dispute is of Specified Value
1.     Notwithstanding anything contained in the Code of Civil Procedure, 1908, in the event that a counterclaim filed in a suit before a civil court relating...
10Jurisdiction in respect of arbitration matters
Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and––1.     If such arbitration is an international commercial arbitr...
11Bar of jurisdiction of Commercial Courts and Commercial Divisions
Notwithstanding anything contained in this Act, a Commercial Court or a Commercial Division shall not entertain or decide any suit, application or proceedings...
Chapter IIISpecified Value
12Determination of Specified Value
1.     The Specified Value of the subject-matter of the commercial dispute in a suit, appeal or application shall be determined in the following manner:––a.  ...
Chapter IVAppeals
13Appeals from decrees of Commercial Courts and Commercial Divisions
1.     Any person aggrieved by the decision of the Commercial Court or Commercial Division of a High Court may appeal to the Commercial Appellate Division of...
14Expeditious disposal of appeals
The Commercial Appellate Division shall endeavour to dispose of appeals filed before it within a period of six months from the date of filing of such appeal....
Chapter VTransfer of Pending Suits
15Transfer of pending cases
1.     All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of a Specified Va...
Chapter VIAmendments to the Provisions of the Code of Civil Procedure, 1908
16Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes
1.     The provisions of the Code of Civil Procedure, 1908 shall, in their application to any suit in respect of a commercial dispute of a Specified Value, st...
Chapter VIIMiscellaneous
17Collection and disclosure of data by Commercial Courts, Commercial Divisions and Commercial Appellate Divisions
The statistical data regarding the number of suits, applications, appeals or writ petitions filed before the Commercial Court, Commercial Division, or Commerc...
18Power of High Court to issue directions
The High Court may, by notification, issue practice directions to supplement the provisions of Chapter II of this Act or the Code of Civil Procedure, 1908 in...
19Infrastructure facilities
The State Government shall provide necessary infrastructure to facilitate the working of a Commercial Court or a Commercial Division of a High Court....
20Training and continuous education
The State Government may, in consultation with the High Court, establish necessary facilities providing for training of Judges who may be appointed to the Co...
21Act to have overriding effect
Save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the ...
22Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
23Repeal and savings
1.     The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 is hereby repealed.2.     Notwithstanding s...
Schedule
1Amendment of section 26
In section 26 of the Code of Civil Procedure, 1908 (hereafter referred to as the Code), in sub-section (2), the following proviso shall be inserted, namely:––...
2Substitution of new section for section 35
For section 35 of the Code, the following section shall be substituted, namely:––‘35. 1.     In relation to any commercial dispute, the Court, notwithstandin...
3Amendment of section 35A
In section 35A of the Code, sub-section (2) shall be omitted....
4Amendment of First Schedule
In the First Schedule to the Code,––A.    in the Order V, in Rule 1, in sub-rule (1), for the second proviso, the following proviso shall be substituted, na...
Order XI:Disclosure, Discovery and Inspection of Documents in Suits before the Commercial Division of a High Court or a Commercial Court
1Disclosure and discovery of documents
1.     Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, al...
2Discovery by interrogatories
1.     In any suit the plaintiff or defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or any...
3Inspection
1.     All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement or written statement...
4Admission and denial of documents
1.     Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days...
5Production of documents
1.     Any party to a proceeding may seek or the Court may order, at any time during the pendency of any suit, production by any party or person, of such docu...
6Electronic records
1.     In case of disclosures and inspection of Electronic Records (as defined in the Information Technology Act, 2000), furnishing of printouts shall be suff...
Insertion of new Order XIII-A
1Insertion of new Order XIII-A
After Order XIII of the Code, the following Order shall be inserted, namely:—...
Order XIII-ASummary Judgment
1Scope of and classes of suits to which this Order applies
1.     This Order sets out the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence. 2.     For t...
2Stage for application for summary judgment
An applicant may apply for summary judgment at any time after summons has been served on the defendant:Provided that, no application for summary judgment may...
3Grounds for summary judgment
The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that––a.     the plaintiff has no real prospect of succeedi...
4Procedure
1.     An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth i...
5Evidence for hearing of summary judgment
1.     Notwithstanding anything in this Order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence duri...
7Conditional order
1.     Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the Court may make a co...
8Power to impose costs
The Court may make an order for payment of costs in an application for summary judgment in accordance with the provisions of sections 35 and 35A of the Code....
Omission of Order XV
1Omission of Order XV
Order XV of the Code shall be omitted....
Insertion of Order XV-A
1Insertion of Order XV-A
After Order XV of the Code, the following Order shall be inserted, namely:—...
Order XV-ACase Management Hearing
1First Case Management Hearing
The Court shall hold the first Case Management Hearing, not later than four weeks from the date of filing of affidavit of admission or denial of documents by ...
2Orders to be passed in a Case Management Hearing
In a Case Management Hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the Court may pass...
3Time limit for the completion of a trial
In fixing dates or setting time limits for the purposes of Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six month...
4Recording of oral evidence on a day-today basis
The Court shall, as far as possible, ensure that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all the ...
5Case Management Hearings during a trial
The Court may, if necessary, also hold Case Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties ...
6Powers of the Court in a Case Management Hearing
1.     In any Case Management Hearing held under this Order, the Court shall have the power to—a.     prior to the framing of issues, hear and decide any pend...
7Adjournment of Case Management Hearing
1.     The Court shall not adjourn the Case Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:Provided ...
8Consequences of noncompliance with orders
Where any party fails to comply with the order of the Court passed in a Case Management Hearing, the Court shall have the power to—a.     condone such non-co...
Amendment of Order XVIII
8Amendment of Order XVIII
In Order XVIII of the Code, in Rule 2, for sub-rules (3A), (3B), (3C), (3D), (3E) and (3F), the following shall be substituted, namely:––“(3A) A party shall,...
9Amendment of Order XVIII
In Order XVIII of the Code, in Rule 4, after sub-rule (1), the following sub-rules shall be inserted, namely:––‘‘(1A) The affidavits of evidence of all witne...
Amendment to Order XIX
3Amendment to Order XIX
In Order XIX of the Code, after Rule 3, the following Rules shall be inserted, namely:––...
4Court may control evidence
1.     The Court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed befo...
5Redacting or rejecting evidence
A Court may, in its discretion, for reasons to be recorded in writing––      i.        redact or order the redaction of such portions of the affidavit of ex...
6Format and guidelines of affidavit of evidence
An affidavit must comply with the form and requirements set forth below:—a.     such affidavit should be confined to, and should follow the chronological sequ...
11Amendment of Order XX
In Order XX of the Code, for Rule 1, the following Rule shall be substituted, namely:––“(1) The Commercial Court, Commercial Division, or Commercial Appellat...
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