Read Time: 04 minutes

The Delhi High Court on Monday sought a response from the Delhi Government on a Public Interest Litigation plea seeking direction to set up 42 Commercial Courts as notified in furtherance of its cabinet’s decision to ensure speedy redressal of commercial cases instituted in Delhi in the larger public interest.

A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chwala has posted the matter on July 5, 2022 for the next hearing.

The plea filed by Advocate Amit Sahni states that 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.

The plea states that the State Government on March 22, 2021, approved the creation of 42 additional dedicated Commercial Courts for the National capital, whereas, at present, a total of 22 commercial courts are functioning in Delhi but the additional 42 Courts as approved by the Delhi Government on March 22 and subsequently notified on April 13 are yet to be appointed.

The plea alleges that as against world's best practice toward a 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.

"Delhi courts have been over-burdened, as per the data available on the official website of District Courts, in Delhi, till February 2022, there are 26959 cases pending in 22 Commercial Courts functioning in Delhi District Courts," the plea adds.

The plea seeks directions in order to expedite the justice delivery system at least concerning commercial disputes.  Notably, 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.

Cause Title: Amit Sahni Vs. High Court of Delhi & Ors.