Delhi HC seeks Delhi Government Response on Plea to make 42 Commercial Courts Functional in National Capital

    Amit Sahni v High Court of Delhi and Ors.

    Public Interest Litigation is filed by Lawyer Amit Sahni in the seek of setting up 42 commercial courts in Delhi for the speedy redressal of commercial cases. In deciding the growth of investment, per capita income, or overall economic and social development of the nation.

    Commercial Division and Commercial Appellate Division of High Courts Act, 2015 provides for a separate set of commercial courts to be set up by the state government at the district level to try suits and claims pertaining to commercial disputes.

    The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla have put forward the issue to the Registrar General of the High Court, the Delhi government department of Law, and the Union Ministry of Law and Justice.

    At present total of 22 commercial courts have been functioning in Delhi but the additional 42 courts as approved by the government of National Capital Territory (NCT) Delhi on 22 March 2021 and subsequently notified on April 13, 2021, need to appoint.

    The petitioner says, “The delay caused in the dispensation of justice has taken note of High Courts and the Supreme Court from time to time and the direction have been issued to recruit the pending vacancies in different courts of the country”.

    The petitioner added, “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”.

    Further petitioner stated that “Delhi courts have been over-burdened as per the data available on the official website of district courts of Delhi. Till February 2022, there are 26959 cases pending in 22 commercial courts functioning in Delhi District court, thus it is essential to appoint 42 dedicated commercial courts”.

    The court asked the respondent to get information about the status with respect to the creation of infrastructure for setting up of these additional courts and the availability of the courtroom and judicial officers, yet to be appointed. The matter adjourned till 5 July 2022.

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