Tuesday, November 3, 2015

Chapter 4, The commercial Courts, commercial Division and Commercial Appellate Division of High Courts Ordinance,2015

CHAPTER IV
 APPEALS

13. (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 that High Court within a period of sixty days from the date of judgment or order, as the case may be:
Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 as amended by this Ordinance and section 37 of the s Arbitration and Conciliation Act, 1996.
(2) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division pr Commercial Court otherwise than in accordance with due provisions of this Ordinance.
dispose of appeals iiled before it within a period of six months
14. The Commercial Appellate Division shall endeavour to ‘ from the date of filing of such appeal.
CHAPTER V TRANSFER OF PENDING SUITS
15. (I) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a  commercial dispute of Speciiied Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division.
Chief Justice of the High COurt appoint one or more persons having experience in dealing with commercial diSputes to be the Judge or Judges, of a Commercial Court, from amongst the cadre of Higher Judicial Service in the State.
4. ( 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 more Benches consisting of a single Judge for the purpose of exercising the jurisdiction and powers conferred on it under this Ordinance.
(2) The Chief Justice of the High Court shall nominate such judges of the High Court who have experience in dealing With commercial disputes to be judges of the Commercial Dwrsion.
5. (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 Court shall, by order, constitute Commercial Appellate Division having one or more Division Benches for the purpose of exercising the jurisdiction and powers conferred on it by the Ordinance.
(2) The Chief Justice of the High Court shall nominate such judges of the High Court who have experience in dealing with
commercial disputes to be judges of the Corrimcrcial Appellate Division. '
6. The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Valuearising out of the entire territory of the State over which it has been vested territorial jurisdiction ‘
Explanation—For the purposes of this section, a commercial dispute shall be considered to arise out- of the entire territory of the State over which a Commercial Court has been vested jurisdiction, if the suit or application relating-to such commercial dispute has ,been instituted as per the provisions of sections 16 to 20 of the Code of Civil Procedure, 1908. '
7. All suits and applications relating to commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdiction shall be heard and diSposed of by the Commercial Division of that High Court:
Provided that all suits and applications relating to commercial disputes, stipulated by an Act to lie in a court not inferior to‘ a' District Court, and filed on the original side of the High Court,
' shall be heard and disposed of by the Commercial Division of the High Court: