PIL filed in Delhi HC seeks to set up 42 Commercial Courts to speed up commercial litigation

New Delhi: A Public Interest Litigation (PIL) has been moved in Delhi High Court (HC) seeking directions for setting up 42 more Commercial Courts, as notified by the Delhi Government on April 13, 2021, to ensure speedy redressal of commercial cases instituted in Delhi in the larger public interest.

"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, at present, a 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, 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 plea further stated that despite notification of 42 additional commercial courts by the Government of NCT Delhi, the said posts have not been created by the High Court of Delhi through its Registrar General.

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 filed plea read.