THE COMMERCIAL COURTS ACT, 2015 
________ 

ARRANGEMENT OF SECTIONS 
________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

CONSTITUTION OF COMMERCIAL COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL APPELLATE 
DIVISIONS 

3.  Constitution of Commercial Courts. 
3A. Designation of Commercial Appellate Courts. 
4.  Constitution of Commercial Division of High Court. 
5.  Constitution of Commercial Appellate Division. 
6. 
7. 
8.  Bar against revision application or petition against an interlocutory order Bar.  
9.  Transfer of suit if counterclaim in a commercial dispute is of Specified Value. 
10.  Jurisdiction in respect of arbitration matters. 
11.  Bar of jurisdiction of Commercial Courts and Commercial Divisions. 

Jurisdiction of Commercial Court. 
Jurisdiction of Commercial Divisions of High Courts. 

12.  Determination of Specified Value. 

CHAPTER III 
SPECIFIED VALUE 

CHAPTER IIIA 

12A. Pre-Institution Mediation and Settlement. 

PRE-INSTITUTION MEDIATION AND SETTLEMENT 

CHAPTER IV 
APPEALS 

13.  Appeals from decrees of Commercial Courts and Commercial Divisions. 
14.  Expeditious disposal of appeals. 

CHAPTER V 
TRANSFER OF PENDING SUITS 

15.  Transfer of pending cases. 

CHAPTER VI 
AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908 

16.  Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes 

CHAPTER VII 
MISCELLANEOUS 

17. Collection and disclosure of data by Commercial Courts, Commercial Divisions and Commercial 

Appellate Divisions. 

18.  Power of High Court to issue directions. 
19.  Infrastructure facilities. 
20.  Training and continuous education. 
21.  Act to have overriding effect. 
21A. Power of Central Government to make rules. 
22.  Power to remove difficulties. 

1 

 
 
SECTIONS 

23.  Repeal and savings. 

SCHEDULE 

2 

 
 
 
THE COMMERCIAL COURTS ACT, 2015 

ACT NO. 4 OF 2016 

[31st December, 2015.] 
An Act to provide for the constitution of Commercial Courts,  1[Commercial Appellate Courts,] 
Commercial  Division  and  Commercial  Appellate  Division  in  the  High  Courts  for 
adjudicating  commercial  disputes  of  specified  value  and  matters  connected  therewith  or 
incidental thereto. 
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—2[(1)  This  Act  may  be  called  the  Commercial  Courts 

Act, 2015.] 

(2) It extends to the whole of India 3***. 
(3) It shall be deemed to have come into force on the 23rd day of October, 2015. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,–– 

4[(a) “Commercial Appellate Courts” means the Commercial Appellate Courts designated under 

section 3A;] 

5[(aa)]  “Commercial  Appellate  Division”  means  the  Commercial  Appellate  Division  in  a  High 

Court constituted under sub-section (1) of section 5; 

(b)  “Commercial  Court”  means  the  Commercial  Court  constituted  under  sub-section  (1)  of 

section 3; 

(c) “commercial dispute” means a dispute arising out of–– 

(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to 

mercantile documents, including enforcement and interpretation of such documents; 

(ii) export or import of merchandise or services; 

(iii) issues relating to admiralty and maritime law; 

(iv)  transactions  relating  to  aircraft,  aircraft  engines,  aircraft  equipment  and  helicopters, 

including sales, leasing and financing of the same; 

(v) carriage of goods; 

(vi) construction and infrastructure contracts, including tenders; 

(vii) agreements relating to immovable property used exclusively in trade or commerce; 

(viii) franchising agreements; 

(ix) distribution and licensing agreements; 

(x) management and consultancy agreements; 

(xi) joint venture agreements; 

(xii) shareholders agreements; 

1. Ins. by Act 28 of 2018, s. 2 (w.e.f. 3-5-2018).  
2. Subs. by s. 3, ibid., for sub-section (1)  (w.e.f. 3-5-2018). 
3.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule                 

(w.e.f. 31-10- 2019). 

4. Ins. by Act 28 of 2018, s. 4 (w.e.f. 3-5-2018). 
5. Clause (a) renumbered as clause (aa) by s. 4, ibid., (w.e.f. 3-5-2018). 

3 

 
 
                                                           
 
(xiii)  subscription  and  investment  agreements  pertaining  to  the  services  industry  including 

outsourcing services and financial services; 

(xiv) mercantile agency and mercantile usage; 

(xv) partnership agreements; 

(xvi) technology development agreements; 

(xvii)  intellectual  property  rights  relating  to  registered  and  unregistered  trademarks, 
copyright, patent, design, domain names, geographical indications and semiconductor integrated 
circuits; 

(xviii) agreements for sale of goods or provision of services; 

(xix) exploitation of oil and gas reserves or other natural resources including electromagnetic 

spectrum; 

(xx) insurance and re-insurance; 

(xxi) contracts of agency relating to any of the above; and 

(xxii) such other commercial disputes as may be notified by the Central Government. 

Explanation.––A  commercial  dispute  shall  not  cease  to  be  a  commercial  dispute  merely 

because— 

(a) it also involves action for recovery of immovable property or for realisation of monies 
out  of  immovable  property  given  as  security  or  involves  any  other  relief  pertaining  to 
immovable property; 

(b) one of the contracting parties is the State or any of its agencies or instrumentalities, or 

a private body carrying out public functions; 

(d)  “Commercial  Division”  means  the  Commercial  Division  in  a  High  Court  constituted  under 

sub-section (1) of section 4; 

(e) “District Judge” shall have the same meaning as assigned to it in clause (a) of article 236 of 

the Constitution of India; 

(f) “document” means any matter expressed or described upon any substance by means of letters, 
figures or marks, or electronic means, or by more than one of those means, intended to be  used, or 
which may be used, for the purpose of recording that matter; 

(g)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notify” with its cognate meanings and grammatical variations shall be construed accordingly; 

(h) “Schedule” means the Schedule appended to the Act; and 

(i) “Specified Value”,  in  relation  to  a  commercial  dispute,  shall  mean  the  value  of  the  subject-
matter in respect of a suit as determined in accordance with section 12 1[which shall not be less than 
three lakh rupees] or such higher value, as may be notified by the Central Government. 

(2)  The  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Code  of  Civil 
Procedure,  1908  (5  of  1908)  and  the  Indian  Evidence  Act,  1872  (1  of  1872),  shall  have  the  same 
meanings respectively assigned to them in that Code and the Act. 

1. Subs. by Act 28 of 2018, s. 4, for “ which shall not be less than one crore rupees” (w.e.f. 3-5-2018).  

4 

 
 
 
                                                           
CHAPTER II 

1[COMMERCIAL COURTS, COMMERCIAL APPELLATE COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL 
APPELLATE DIVISIONS]. 

3. Constitution 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 level, as 
it  may  deem  necessary  for  the  purpose  of  exercising  the  jurisdiction  and  powers  conferred  on  those 
Courts under this Act: 

2[Provided that with respect to the High Courts having ordinary original civil jurisdiction, the State 
Government  may,  after  consultation  with  the  concerned  High  Court,  by  notification,  constitute 
Commercial Courts at the District Judge level: 

 Provided further that with respect to a territory over which the High Courts have ordinary original 
civil  jurisdiction,  the  State  Government  may,  by  notification,  specify  such  pecuniary  value  which  shall 
not be less than three lakh rupees and not more than the pecuniary jurisdiction exercisable by the District 
Courts, as it may consider necessary.] 

3[(1A) Notwithstanding anything contained in this Act, the State Government may, after consultation 
with the concerned High Court, by notification, specify such pecuniary value which shall not be less than 
three lakh rupees or such higher value, for whole or part of the State, as it may consider necessary.] 

(2)  The  State  Government  shall,  after  consultation  with  the  concerned  High  Court  specify,  by 
notification, the local limits of the area to which the jurisdiction of a Commercial Court shall extend and 
may, from time to time, increase, reduce or alter such limits. 

(3) The 4[State Government may], with the concurrence of the 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 5[Commercial Court either at the level of District Judge or a court below the level of a District Judge]. 

6[3A.  Designation  of  Commercial  Appellate  Courts.—Except  the  territories  over  which  the  High 
Courts  have  ordinary  original  civil  jurisdiction,  the  State  Government  may,  after  consultation  with  the 
concerned High Court, by notification, designate such number of Commercial Appellate Courts at District 
Judge  level,  as  it  may  deem  necessary,  for  the  purposes  of  exercising  the  jurisdiction  and  powers 
conferred on those Courts under this Act.] 

4. Constitution of Commercial Division of High Court.—(1) In all High Courts, having 7[ordinary 
original  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 Act. 

(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 Division. 

5.  Constitution  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  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 Act. 

(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 Appellate Division. 

1.  Subs.  by  Act  28  of  2018,  s.  5,  for  “CONSTITUTION  OF  COMMERCIAL  COURTS,  COMMERCIAL  DIVISIONS  AND 

COMMERCIAL APPELLATE DIVISIONS” (w.e.f. 3-5-2018).  

2. The proviso subs. by s. 6, ibid., (w.e.f. 3-5-2018).   
3. Ins. by s. 6, ibid., (w.e.f. 3-5-2018).  
4. Subs. by s. 6, ibid., for “State Government shall” (w.e.f. 3-5-2018). 
5.  Subs.  by  s.  6,  ibid.,  for  “Commercial  Court,  from  amongst  the  cadre  of  Higher  Judicial  Service  in  the  State”              

(w.e.f. 3-5-2018). 

6. Ins. by s. 7, ibid., (w.e.f. 3-5-2018). 
7. Subs. by s. 8, ibid., for “ordinary civil jurisdiction” (w.e.f. 3-5-2018). 

5 

                                                           
6. Jurisdiction 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 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 (5 of 1908). 

7.  Jurisdiction  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 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 or pending on the original side of the High Court, shall be 
heard and disposed of by the Commercial Division of the High Court: 

Provided further that all suits and applications transferred to the High Court by virtue of sub-section 
(4) of section 22 of the Designs Act, 2000 (16 of 2000) or section 104 of the Patents Act, 1970  (39 of 
1970) shall be heard and disposed of by the Commercial Division of the High Court in all the areas over 
which the High Court exercises ordinary original civil jurisdiction. 

8. Bar 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  interlocutory  order  of  a  Commercial  Court,  including  an  order  on  the 
issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only 
in an appeal against the decree of the Commercial Court. 

9. [Transfer of suit if counterclaim in a commercial dispute is of Specified Value].— Omitted by The 
Commercial  Courts,  Commercial  Division  and  Commercial  Appellate  Division  of  High  Courts 
(Amendment) Act, 2018 (28 of 2018), s. 9 (w.e.f. 3-5-2018).  

10. Jurisdiction 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  arbitration,  all  applications  or  appeals 
arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 
of  1996)  that  have  been  filed  in  a  High  Court,  shall  be  heard  and  disposed  of  by  the  Commercial 
Division where such Commercial Division has been constituted in such High Court. 

(2)  If  such  arbitration  is  other  than  an  international  commercial  arbitration,  all  applications  or 
appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 
1996  (26  of  1996)  that  have  been  filed  on  the  original  side  of  the  High  Court,  shall  be  heard  and 
disposed  of  by  the  Commercial  Division  where  such  Commercial  Division  has  been  constituted  in 
such High Court. 

(3)  If  such  arbitration  is  other  than  an  international  commercial  arbitration,  all  applications  or 
appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 
1996 (26 of 1996) that would ordinarily lie before any principal civil court of original jurisdiction in a 
district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court 
exercising  territorial  jurisdiction  over  such  arbitration  where  such  Commercial  Court  has  been 
constituted. 

11.  Bar  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  relating  to  any  commercial  dispute  in  respect  of  which  the 
jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being 
in force. 

6 

 
CHAPTER III 

SPECIFIED VALUE 

12.  Determination  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) where the relief sought in a suit or application is for recovery of money, the money sought to 
be recovered in the suit or application inclusive of interest, if any, computed up to the date of filing of 
the suit or application, as the case may be, shall be taken into account for determining such Specified 
Value; 

(b) where the relief sought in a suit, appeal or application relates to movable property or to a right 
therein,  the  market  value  of  the  movable  property  as  on  the  date  of  filing  of  the  suit,  appeal  or 
application, as the case may be, shall be taken into account for determining such Specified Value; 

(c) where the relief sought in a suit, appeal or application relates to  immovable property or to a 
right therein, the market value of the immovable property, as on the date of filing of the suit, appeal 
or application, as the case may be, shall be taken into account for determining Specified Value; 1[and] 

(d) where the relief sought in a suit, appeal or application relates to any other intangible right, the 
market  value  of  the  said  rights  as  estimated  by  the  plaintiff  shall  be  taken  into  account  for 
determining Specified Value; 2*** 

3*  

* 

 * 

* 

* 

(2) The aggregate value of the claim and counterclaim, if any as set out in the statement of claim and 
the  counterclaim,  if  any,  in  an  arbitration  of  a  commercial  dispute  shall  be  the  basis  for  determining 
whether such arbitration is subject to the jurisdiction of a Commercial Division, Commercial Appellate 
Division or Commercial Court, as the case may be. 

(3)  No  appeal  or civil  revision application under  section  115  of  the  Code  of  Civil  Procedure,  1908       

(5 of 1908), as the case may be, shall lie from an order of a Commercial Division or Commercial Court 
finding that it has jurisdiction to hear a commercial dispute under this Act. 

4[CHAPTER IIIA  

PRE-INSTITUTION MEDIATION AND SETTLEMENT  

12A. Pre-Institution Mediation and Settlement—(1) A suit, which does not contemplate any urgent 
interim  relief  under  this  Act,  shall  not  be  instituted  unless  the  plaintiff  exhausts  the  remedy  of  pre-
institution mediation in accordance with such manner and procedure as may be prescribed by rules made 
by the Central Government.  

(2)  The  Central  Government  may,  by  notification,  authorise  the  Authorities  constituted  under  the 

Legal Services Authorities Act, 1987 (39 of 1987), for the purposes of pre-institution mediation.  

(3)  Notwithstanding  anything  contained  in  the  Legal  Services  Authorities  Act,  1987,  the  Authority 
authorised  by  the  Central  Government  under  sub-section  (2)  shall  complete  the  process  of  mediation 
within a period of three months from the date of application made by the plaintiff under sub-section (1):  

Provided that  the  period  of  mediation  may  be  extended  for  a further  period  of  two  months  with  the 

consent of the parties: 

Provided further that, the period during which the parties remained occupied with the pre-institution 
mediation, such period shall not be computed for the purpose of limitation under the Limitation Act, 1963 
(36 of 1963).  

1. Ins. by Act 28 of 2018, s. 10 (w.e.f. 3-5-2018).  
2. The word “and” omitted by s. 10, ibid., (w.e.f. 3-5-2018).  
3. Clause (e) omitted by s. 10, ibid., (w.e.f. 3-5-2018). 
4. Ins. by s. 11, ibid., (w.e.f. 3-5-2018). 

7 

 
 
 
 
 
 
 
                                                           
(4)  If  the  parties  to  the  commercial  dispute  arrive  at  a  settlement,  the  same  shall  be  reduced  into 

writing and shall be signed by the parties to the dispute and the mediator.  

(5)  The  settlement  arrived  at  under  this  section  shall  have  the  same  status  and  effect  as  if  it  is  an 
arbitral award on agreed terms under sub-section (4) of section 30 of the Arbitration and Conciliation Act, 
1996 (26 of 1996).] 

CHAPTER IV 

APPEALS 

13. Appeals from decrees of Commercial Courts and Commercial Divisions.—(1)  1[Any person 
aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal 
to the Commercial Appellate Court within a period of sixty days from the date of judgment or order.  

(1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District 
Judge exercising original civil jurisdiction or, as the case may be, 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 the judgment or order: 

 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  (5  of 
1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 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 or Commercial 
Court otherwise than in accordance with the provisions of this Act. 

14.  Expeditious  disposal  of  appeals.—The  2[Commercial  Appellate  Court  and  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 V 

TRANSFER OF PENDING SUITS 

15.  Transfer  of  pending  cases.—(1)  All  suits  and  applications,  including  applications  under  the 
Arbitration  and  Conciliation  Act,  1996  (26  of  1996),  relating  to  a  commercial  dispute  of  a  Specified 
Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to 
the Commercial Division. 

(2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 
(26  of  1996),  relating  to  a  commercial  dispute  of  a  Specified  Value  pending  in  any  civil  court  in  any 
district or area in respect of which a Commercial Court has been constituted, shall be transferred to such 
Commercial Court: 

Provided that no suit or application where the final judgment has been reserved by the Court prior to 
the  constitution  of  the  Commercial  Division  or  the  Commercial  Court  shall  be  transferred  either  under 
sub-section (1) or sub-section (2). 

(3)  Where  any  suit  or  application,  including  an  application  under  the  Arbitration  and  Conciliation 
Act, 1996 (26 of 1996), relating to a commercial dispute of Specified Value shall stand transferred to the 
Commercial Division or Commercial Court under sub-section (1) or sub-section (2), the provisions of this 
Act shall apply to those procedures that were not complete at the time of transfer. 

(4) The Commercial Division or Commercial Court, as the case may be, may hold case management 
hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such 
further directions as may be necessary for a speedy and efficacious disposal of such suit or application in 
accordance 3[with Order XV-A] of the Code of Civil Procedure, 1908 (5 of 1908): 

1. Subs. by Act 28 of 2018, s. 12, for sub-section (1) (w.e.f. 3-5-2018).  
2. Subs. by s. 13, ibid., for “Commercial Appellate Division” (w.e.f. 3-5-2018). 
3. Subs. by s. 14, ibid., for “with Order XIV-A” (w.e.f. 3-5-2018)  

8 

                                                           
Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908  
(5  of  1908)  shall  not  apply  to  such  transferred  suit  or  application  and  the  court  may,  in  its  discretion, 
prescribe a new time period within which the written statement shall be filed. 

(5)  In  the  event  that  such  suit  or  application  is  not  transferred  in  the  manner  specified  in                    

sub-section (1), sub-section (2) or sub-section (3), the Commercial Appellate Division of the High Court 
may, on the application of any of the parties to the suit, withdraw such suit or application from the court 
before  which  it  is  pending  and  transfer  the  same  for  trial  or  disposal  to  the  Commercial  Division  or 
Commercial  Court,  as the case  may  be,  having  territorial jurisdiction  over  such  suit, and  such  order  of 
transfer shall be final and binding. 

CHAPTER VI 

AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908 

16.  Amendments  to  the  Code  of  Civil  Procedure,  1908  in  its  application  to  commercial 
disputes.—(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application 
to  any  suit  in  respect  of  a  commercial  dispute  of  a  Specified  Value,  stand  amended  in  the  manner  as 
specified in the Schedule. 

(2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil 
Procedure,  1908  (5  of  1908),  as  amended  by  this  Act,  in  the  trial  of  a  suit  in  respect  of  a  commercial 
dispute of a Specified Value. 

(3) Where any provision of any Rule of the jurisdictional High Court or any amendment to the Code 
of Civil Procedure, 1908  (5 of 1908), by the State Government is in conflict with the provisions of the 
Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, the provisions of the Code of Civil 
Procedure as amended by this Act shall prevail. 

CHAPTER VII 

MISCELLANEOUS 

17. Collection and disclosure of data by  1[Commercial Courts, Commercial Appellate Courts], 
Commercial  Divisions  and  Commercial  Appellate  Divisions.—The  statistical  data  regarding  the 
number of suits, applications, appeals or writ petitions filed before the 1[Commercial Courts, Commercial 
Appellate  Courts],  Commercial  Division,  or  Commercial  Appellate  Division,  as  the  case  may  be,  the 
pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained 
and  updated  every  month  by  each  1[Commercial  Courts,  Commercial  Appellate  Courts],  Commercial 
Division,  Commercial  Appellate  Division  and  shall  be  published  on  the  website  of  the  relevant  High 
Court. 

18. Power 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 (5 
of 1908) insofar as such provisions apply to the hearing of commercial disputes of a Specified Value. 

19.  Infrastructure  facilities.—The  State  Government  shall  provide  necessary  infrastructure  to 

facilitate the working of a Commercial Court or a Commercial Division of a High Court. 

20.  Training  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 
2[Commercial Courts, Commercial Appellate Courts], Commercial Division or the Commercial Appellate 
Division in a High Court. 

21. Act 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 time being in 
force or in any instrument having effect by virtue of any law for the time being in force other than this 
Act. 

1. Subs. by Act 28 of 2018, s. 15, for “Commercial Court” and “Commercial Courts” (w.e.f. 3-5-2018). 
2. Subs. by s. 16, ibid., for “Commercial Court” (w.e.f. 3-5-2018). 

9 

                                                           
1[21A.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules for carrying out the provisions of this Act.  

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for or any of the following matters, namely:—  

(a) the manner and procedure of pre-institution mediation under sub-section (1) of section 12A;  

(b)  any  other  matter  which  is  required  to  be,  or  may  be,  prescribed  or  in  respect  of  which 

provision is to be made by rules made by the Central Government. 

 (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule.] 

22. Power 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 such provisions, 
not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  or  expedient  for 
removing the difficulty: 

Provided that no such order shall be made under this section after the expiry of a period of two years 

from the date of commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be, after it is made, before each 

House of Parliament. 

23.  Repeal  and  savings.—(1)  The  Commercial  Courts,  Commercial  Division  and  Commercial 

Appellate Division of High Courts Ordinance, 2015 (Ord. 8 of 2015) is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

1. Ins. by Act 28 of 2018, s. 17 (w.e.f. 3-5-2018).  

10 

                                                           
 
SCHEDULE 

(See section 16) 

1.  Amendment  of  section  26.—In  section  26  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908) 

(hereafter referred to as the Code), in sub-section (2), the following proviso shall be inserted, namely:–– 

“Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of 

Rule 15A.”. 

2.  Substitution  of  new  section for  section  35.—For  section  35  of  the  Code,  the  following  section 

shall be substituted, namely:–– 

‘35.  Costs.—(1)  In  relation  to  any  commercial  dispute,  the  Court,  notwithstanding  anything 

contained in any other law for the time being in force or Rule, has the discretion to determine: 

(a) whether costs are payable by one party to another; 

(b) the quantum of those costs; and 

(c) when they are to be paid. 

Explanation.—For the purpose of clause (a), the expression “costs” shall mean reasonable costs 

relating to— 

(i) the fees and expenses of the witnesses incurred; 

(ii) legal fees and expenses incurred; 

(iii) any other expenses incurred in connection with the proceedings. 

(2)  If  the  Court  decides  to  make  an  order  for  payment  of  costs,  the  general  rule  is  that  the 

unsuccessful party shall be ordered to pay the costs of the successful party: 

Provided  that  the  Court  may  make  an  order  deviating  from  the  general  rule  for  reasons  to  be 

recorded in writing. 

Illustration 

The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court 
holds that the Plaintiff is entitled to the money decree. However, it returns a finding that the claim for 
damages is frivolous and vexatious. 

In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the 

successful party, for having raised frivolous claims for damages. 

(3)  In  making  an  order  for  the  payment  of  costs,  the  Court  shall  have  regard  to  the  following 

circumstances, including— 

(a) the conduct of the parties; 

(b) whether a party has succeeded on part of its case, even if that party has not been wholly 

successful; 

(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of 

the case; 

(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the 

other party; and 

(e)  whether  the  party  had  made  a  frivolous  claim  and  instituted  a  vexatious  proceeding 

wasting the time of the Court. 

(4) The orders which the Court may make under this provision include an order that a party must 

pay–– 

(a) a proportion of another party’s costs; 

11 

(b) a stated amount in respect of another party’s costs; 

(c) costs from or until a certain date; 

(d) costs incurred before proceedings have begun; 

(e) costs relating to particular steps taken in the proceedings; 

(f) costs relating to a distinct part of the proceedings; and 

(g) interest on costs from or until a certain date.’. 

3. Amendment of section 35A.—In section 35A of the Code, sub-section (2) shall be omitted. 

4. Amendment 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, namely:–– 

“Provided further that where the defendant fails to file the written statement within the said 
period of thirty days, he shall be allowed to file the written statement on such other day, as may 
be specified by the Court, for reasons to be recorded in writing and on payment of such costs as 
the Court deems fit, but which shall not be later than one hundred twenty days from the date of 
service  of  summons  and  on  expiry  of  one  hundred  twenty  days  from  the  date  of  service  of 
summons, the defendant shall forfeit the right to file the written statement and the Court shall not 
allow the written statement to be taken on record.”; 

(B) in Order VI,–– 

(i) after Rule 3, the following Rule shall be inserted, namely:–– 

“3A. Forms of pleading in Commercial Courts––In a commercial dispute, where forms of 
pleadings have been prescribed under the High Court Rules or Practice Directions made for 
the purposes of such commercial disputes, pleadings shall be in such forms.”; 

(ii) after Rule 15, the following Rule shall be inserted, namely:–– 

‘‘15A. Verification of pleadings in a commercial dispute.— 

(1)  Notwithstanding  anything  contained  in  Rule  15,  every  pleading  in  a  commercial 
dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to 
this Schedule. 

(2)  An  affidavit  under  sub-rule  (1)  above shall be signed  by  the  party  or  by  one  of  the 
parties to the proceedings, or by any other person on behalf of such party or parties who  is 
proved to the satisfaction of the Court to be acquainted with the facts of the case and who is 
duly authorised by such party or parties. 

(3)  Where  a  pleading  is  amended,  the  amendments  must  be  verified  in  the  form  and 

manner referred to in sub-rule (1) unless the Court orders otherwise. 

(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party 
shall  not  be  permitted  to  rely  on  such  pleading  as  evidence  or  any  of  the  matters  set  out 
therein. 

(5) The Court may strike out a pleading which is not verified by a Statement of Truth, 

namely, the affidavit set out in the Appendix to this Schedule.”; 

(C) in Order VII, after Rule 2, the following Rule shall be inserted, namely:— 

“2A. Where interest is sought in the suit,— 

(1)  Where  the  plaintiff  seeks  interest,  the  plaint  shall  contain  a  statement  to  that  effect 

along with the details set out under sub-rules (2) and (3). 

12 

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking 
interest in relation to a commercial transaction within the meaning of section 34 of the Code 
of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the 
terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or 
on some other basis and shall state the basis of that. 

(3) Pleadings shall also state— 

(a) the rate at which interest is claimed; 

(b) the date from which it is claimed; 

(c) the date to which it is calculated; 

(d) the total amount of interest claimed to the date of calculation; and 

(e) the daily rate at which interest accrues after that date.”; 

(D) in Order VIII,–– 

(i) in Rule 1, for the proviso, the following proviso shall be substituted, namely:–– 

“Provided  that  where  the  defendant  fails  to  file  the  written  statement  within  the  said 
period of thirty days, he shall be allowed to file the written statement on such other day, as 
may be specified by the Court, for reasons to be recorded in writing and on payment of such 
costs as the Court deems fit, but which shall not be later than one hundred twenty days from 
the date of service of summons and on expiry of one hundred twenty days from the date of 
service of summons, the defendant shall forfeit the right to file the written statement and the 
Court shall not allow the written statement to be taken on record.”; 

(ii) after Rule 3, the following Rule shall be inserted, namely:–– 

“3A. Denial by the defendant in suits before the Commercial Division of the High Court 

or the Commercial Court— 

(1)  Denial shall  be  in  the manner  provided  in  sub-rules  (2),  (3),  (4)  and  (5)  of this 

Rule. 

(2) The defendant in his written statement shall state which of the allegations in the 
particulars of plaint he denies, which allegations he is unable to admit or deny, but which 
he requires the plaintiff to prove, and which allegations he admits. 

(3)  Where  the  defendant  denies  an  allegation  of  fact  in  a  plaint,  he  must  state  his 
reasons for doing so and if he intends to put forward a different version of events from 
that given by the plaintiff, he must state his own version. 

(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for 
doing  so,  and  if  he  is  able,  give  his  own  statement  as  to  which  Court  ought  to  have 
jurisdiction. 

(5)  If  the  defendant  disputes  the  plaintiff’s  valuation  of  the  suit,  he  must  state  his 

reasons for doing so, and if he is able, give his own statement of the value of the suit.”; 

(iii) in Rule 5, in sub-rule (1), after the first proviso, the following proviso shall be inserted, 

namely:— 

 ‘‘Provided further that every allegation of fact in the plaint, if not denied in the manner 
provided  under  Rule  3A  of  this  Order,  shall  be  taken  to  be  admitted  except  as  against  a 
person under disability.”; 

(iv) in Rule 10, 1***, the following proviso shall be inserted, namely:–– 

1. The words “after the first proviso” omitted by Act 28 of 2018, s. 18 (w.e.f. 3-5-2018). 

13 

                                                           
“1[Provided that] no Court shall make an order to extend the time provided under Rule 1 

of this Order for filing of the written statement.”; 

(E) for Order XI of the Code, the following Order shall be substituted, namely:— 

“ORDER XI 

DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS IN SUITS BEFORE THE COMMERCIAL DIVISION 
OF A HIGH COURT OR A COMMERCIAL COURT 

1.  Disclosure  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, along 
with the plaint, including:— 

(a) documents referred to and relied on by the plaintiff in the plaint; 

(b)  documents  relating  to  any  matter  in  question  in  the  proceedings,  in  the  power,  possession, 
control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same 
is in support of or adverse to the plaintiff’s case; 

(c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only–– 

(i) for the cross-examination of the defendant’s witnesses, or 

(ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or 

(iii) handed over to a witness merely to refresh his memory. 

(2)  The  list  of  documents  filed  with  the  plaint  shall  specify  whether  the  documents  in  the  power, 
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall 
also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of 
custody of each document. 

(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, 
possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings 
initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does 
not have any other documents in its power, possession, control or custody. 

Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth 

as set out in the Appendix. 

(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of 
the  above  declaration  on  oath  and  subject  to  grant  of  such  leave  by  Court,  the  plaintiff  shall  file  such 
additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that 
the  plaintiff  has  produced  all  documents  in  its  power,  possession,  control  or  custody,  pertaining  to  the 
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have 
any other documents, in its power, possession, control or custody. 

(5)  The  plaintiff  shall  not  be  allowed  to  rely  on  documents,  which  were  in  the  plaintiff’s  power, 
possession, control or custody and not disclosed along with plaint or within the extended period set out 
above,  save  and  except  by  leave  of  Court  and  such  leave  shall  be  granted  only  upon  the  plaintiff 
establishing reasonable cause for non–disclosure along with the plaint. 

(6)  The  plaint  shall  set  out  details  of  documents,  which  the  plaintiff  believes  to  be  in  the  power, 
possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave 
for production thereof by the said defendant. 

(7) The  defendant  shall file  a  list  of all  documents  and  photocopies of  all documents,  in  its  power, 
possession,  control  or  custody,  pertaining  to  the  suit,  along  with  the  written  statement  or  with  its 
counterclaim if any, including— 

(a) the documents referred to and relied on by the defendant in the written statement; 

1. Subs. by Act 28 of 2018, s. 18, for “Provided further that” (w.e.f. 3-5-2018). 

14 

 
                                                           
(b) the documents relating to any matter in question in the proceeding in the power, possession, 
control or custody of the defendant, irrespective of whether the same is in support of or adverse to the 
defendant’s defence; 

(c) nothing in this Rule shall apply to documents produced by the defendants and relevant only–– 

(i) for the cross-examination of the plaintiff’s witnesses, 

(ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or 

(iii) handed over to a witness merely to refresh his memory. 

(8) The list of documents filed with the written statement or counterclaim shall specify whether the 
documents, in the power, possession, control or custody of the defendant, are originals, office copies or 
photocopies and the list shall also set out in brief, details of parties to each document being produced by 
the defendant, mode of execution, issuance or receipt and line of custody of each document. 

(9) The written statement or counterclaim shall contain a declaration on oath made by the deponent 
that all documents in the power, possession, control or custody of the defendant, save and except for those 
set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the 
plaintiff  or  in  the  counterclaim,  have  been  disclosed  and  copies  thereof  annexed  with  the  written 
statement  or  counterclaim  and  that  the  defendant  does  not  have  in  its  power,  possession,  control  or 
custody, any other documents. 

(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, 
which  were  in  the  defendant’s  power,  possession,  control  or  custody  and  not  disclosed  along  with  the 
written statement or counterclaim, save and except by leave of Court and such leave shall be granted only 
upon the defendant establishing reasonable cause for non-disclosure along with the written statement or 
counterclaim. 

(11)  The  written  statement  or  counterclaim  shall  set  out  details  of  documents  in  the  power, 
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have 
not been disclosed with the plaint, and call upon the plaintiff to produce the same. 

(12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal 

of the suit. 

2. Discovery 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 one or more of such 
parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such 
interrogatories each of such persons is required to answer: 

Provided that no party shall deliver more than one set of interrogatories to the same party without an 

order for that purpose: 

Provided further that interrogatories which do not relate to any matters in question in the suit shall be 
deemed  irrelevant,  notwithstanding  that  they  might  be  admissible  on  the  oral  cross-examination  of  a 
witness. 

(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be 
delivered shall be submitted to the court, and that court shall decide within seven days from the day of 
filing  of  the  said  application,  in  deciding  upon  such  application,  the  court  shall  take  into  account  any 
offer,  which  may  be  made  by  the  party  sought  to  be  interrogated  to  deliver  particulars,  or  to  make 
admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be 
given  as  to  such  only  of  the  interrogatories  submitted  as  the  court  shall  consider  necessary  either  for 
disposing fairly of the suit or for saving costs. 

(3)  In  adjusting  the  costs  of  the  suit  inquiry  shall  at  the  instance  of  any  party  be  made  into  the 
propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, 
either  with  or  without  an  application  for  inquiry,  that  such  interrogatories  have  been  exhibited 
unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the 
answers thereto shall be paid in any event by the party in fault. 

15 

(4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil 

Procedure, 1908 (5 of 1908), with such variations as circumstances may require. 

(5)  Where  any  party  to  a  suit  is  a  corporation  or  a  body  of  persons,  whether  incorporated  or  not, 
empowered  by  law  to  sue  or  be  sued,  whether  in  its  own  name  or  in  the  name  of  any  officer  of  other 
person, any opposite party may apply for an order allowing him to deliver interrogatories to any member 
or officer of such corporation or body, and an order may be made accordingly. 

(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or 
not exhibited  bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently 
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in 
answer. 

(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or 
vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous  and 
any application for this purpose may be made within seven days after service of the interrogatories. 

(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time 

as the court may allow. 

(9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix 

C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations as circumstances may require. 

(10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any 

such affidavit objected to as insufficient shall be determined by the court. 

(11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating 
may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and 
an  order  may  be  made  requiring  him  to  answer,  or  to  answer  further,  either  affidavit  or  by  viva  voce 
examination, as the court may direct. 

3.  Inspection.—(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 to the counterclaim, whichever is 
later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in 
any event. 

(2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, 
for  inspection  or  production  of  documents  by  the  other  party,  of  which inspection  has  been  refused  by 
such party or documents have not been produced despite issuance of a notice to produce. 

(3)  Order  in  such  application  shall  be  disposed  of  within  thirty  days  of  filing  such  application, 

including filing replies and rejoinders (if permitted by Court) and hearing. 

(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party 

seeking it, within five days of such order. 

(5)  No  party  shall  be  permitted  to  rely  on  a  document,  which  it  had  failed  to  disclose  or  of  which 

inspection has not been given, save and except with leave of Court. 

(6)  The  Court  may  impose  exemplary  costs  against  a  defaulting  party,  who  wilfully  or  negligently 
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in 
their  power,  possession,  control  or  custody  or  where  a  Court  holds  that  inspection  or  copies  of  any 
documents had been wrongfully or unreasonably withheld or refused. 

4. Admission 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 of the 
completion of inspection or any later date as fixed by the Court. 

(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting 

or denying:— 

(a) correctness of contents of a document; 

(b) existence of a document; 

16 

(c) execution of a document; 

(d) issuance or receipt of a document; 

(e) custody of a document. 

Explanation.––A statement of admission or denial of the existence of a document made in accordance 

with sub-rule (2) (b) shall include the admission or denial of the contents of a document. 

(3) Each party shall set out reasons for denying a document under any of the above grounds and bare 
and unsupported denials shall not be deemed to be denials of a document and proof of such documents 
may then be dispensed with at the discretion of the Court. 

(4) Any party may however submit bare denials for third party documents of which the party denying 
does not have any personal knowledge of, and to which the party denying is not a party to in any manner 
whatsoever. 

(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the 

correctness of the contents of the statement. 

(6) In the event that the Court holds that any party has unduly refused to admit a document under any 
of the above criteria,–costs (including exemplary costs) for deciding on admissibility of a document may 
be imposed by the Court on such party. 

(7)  The  Court  may  pass  orders  with  respect  to  admitted  documents  including  for  waiver  of  further 

proof thereon or rejection of any documents. 

5. Production 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 documents in the 
possession or power of such party or person, relating to any matter in question in such suit. 

(2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix 

C to the Code of Civil Procedure, 1908 (5 of 1908). 

(3) Any party or person to whom such notice to produce is issued shall be given not less than seven 
days and not more than fifteen days to produce such document or to answer to their inability to produce 
such document. 

(4) The Court may draw an adverse inference against a party refusing to produce such document after 
issuance of a notice to produce and where sufficient reasons for such non–production are not given and 
order costs. 

6. Electronic records.—(1) In case of disclosures and inspection of Electronic Records (as defined in 
the  Information  Technology  Act,  2000  (21  of  2000)),  furnishing  of  printouts  shall  be  sufficient 
compliance of the above provisions. 

(2)  At  the  discretion  of  the  parties  or  where  required  (when  parties  wish  to  rely  on  audio  or  video 
content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of 
printouts. 

(3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by 

a party shall specify–– 

(a) the parties to such Electronic Record; 

(b) the manner in which such electronic record was produced and by whom; 

(c)  the  dates  and  time  of  preparation  or  storage  or  issuance  or  receipt  of  each  such  electronic 

record; 

(d) the source of such electronic record and date and time when the electronic record was printed; 

(e) in case of email ids, details of ownership, custody and access to such email ids; 

(f) in case of documents stored on a computer or computer resource (including on external servers 
or  cloud),  details  of  ownership,  custody  and  access  to  such  data  on  the  computer  or  computer 
resource; 

17 

(g) deponent’s knowledge of contents and correctness of contents; 

(h)  whether  the  computer or  computer resource  used  for  preparing  or receiving  or  storing  such 
document or data was functioning properly or in case of malfunction that such malfunction did not 
affect the contents of the document stored; 

(i) that the printout or copy furnished was taken from the original computer or computer resource. 

(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be 
required to give inspection of electronic records, provided a declaration is made by such party that each 
such copy, which has been produced, has been made from the original electronic record. 

(5)  The  Court  may  give  directions  for  admissibility  of  Electronic  Records  at  any  stage  of  the 

proceedings. 

(6) Any party may seek directions from the Court and the Court may of its motion issue directions for 
submission of further proof of any electronic record including metadata or logs before admission of such 
electronic record. 

7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt, 
it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of 
Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions 
of High Court or Commercial Courts.”. 

5.  Insertion  of  new  Order  XIII-A.—After  Order  XIII  of  the  Code,  the  following  Order  shall  be 

inserted, namely:— 

‘ORDER XIII-A 

SUMMARY JUDGMENT 

1. Scope 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 the purposes of this Order, the word “claim” shall include— 

(a) part of a claim; 

(b) any particular question on which the claim (whether in whole or in part) depends; or 

(c) a counterclaim, as the case may be. 

(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order 
shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit 
under Order XXXVII. 

2. Stage 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 be made by such applicant after the Court 

has framed the issues in respect of the suit. 

3. Grounds 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  succeeding  on  the  claim  or  the  defendant  has  no  real 

prospect of successfully defending the claim, as the case may be; and 

(b) there is no other compelling reason why the claim should not be disposed of before recording 

of oral evidence. 

4. Procedure.—(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 in sub-clauses (a) to (f) mentioned 
hereunder:— 

18 

(a) the application must contain a statement that it is an application for summary judgment made 

under this Order; 

(b) the application must precisely disclose all material facts and identify the point of law, if any; 

(c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,–– 

(i) include such documentary evidence in its application, and 

(ii) identify the relevant content of such documentary evidence on which the applicant relies; 

(d)  the  application  must  state  the  reason  why  there  are  no  real  prospects  of  succeeding  on  the 

claim or defending the claim, as the case may be; 

(e) the application must state what relief the applicant is seeking and briefly state the grounds for 

seeking such relief. 

(2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’ 

notice of:— 

(a) the date fixed for the hearing; and 

(b) the claim that is proposed to be decided by the Court at such hearing. 

(3)  The  respondent  may,  within  thirty  days  of  the  receipt  of  notice  of  application  of  summary 
judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses 
(a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:— 

(a) the reply must precisely–– 

(i) disclose all material facts; 

(ii) identify the point of law, if any; and 

(iii) state the reasons why the relief sought by the applicant should not be granted; 

(b)  in  the  event  the  respondent  seeks  to  rely  upon  any  documentary  evidence  in  its  reply,  the 

respondent must— 

(i) include such documentary evidence in its reply; and 

(ii)  identify  the  relevant  content  of  such  documentary  evidence  on  which  the  respondent 

relies; 

(c)  the  reply  must  state  the  reason  why  there  are  real  prospects  of  succeeding  on  the  claim  or 

defending the claim, as the case may be; 

(d) the reply must concisely state the issues that should be framed for trial; 

(e) the reply must identify what further evidence shall be brought on record at trial that could not 

be brought on record at the stage of summary judgment; and 

(f) the reply must state why, in light of the evidence or material on record if any, the Court should 

not proceed to summary judgment. 

5. Evidence 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 
during the hearing, the respondent must:— 

(a) file such documentary evidence; and 

(b)  serve  copies  of  such  documentary  evidence  on  every  other  party  to  the  application  at  least 

fifteen days prior to the date of the hearing. 

(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on 

documentary evidence in reply to the defendant’s documentary evidence, the applicant must:— 

(a) file such documentary evidence in reply; and 

19 

(b) serve a copy of such documentary evidence on the respondent at least five days prior to the 

date of the hearing. 

(3)  Notwithstanding  anything  to  the  contrary,  sub-rules  (1)  and  (2)  shall  not  require  documentary 

evidence to be:— 

(a) filed if such documentary evidence has already been filed; or 

(b) served on a party on whom it has already been served. 

6. Orders that may be made by Court.—(1) On an application made under this Order, the Court 

may make such orders that it may deem fit in its discretion including the following:— 

(a) judgment on the claim; 

(b) conditional order in accordance with Rule 7 mentioned hereunder; 

(c) dismissing the application; 

(d) dismissing part of the claim and a judgment on part of the claim that is not dismissed; 

(e) striking out the pleadings (whether in whole or in part); or 

(f) further directions to proceed for case management under Order XV-A. 

(2)  Where  the  Court  makes  any  of  the  orders  as  set  forth  in  sub-rule  (1)  (a)  to  (f),  the  Court  shall 

record its reasons for making such order. 

7. Conditional 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 conditional order as set forth in 
Rule 6 (1) (b). 

(2) Where the Court makes a conditional order, it may:— 

(a) make it subject to all or any of the following conditions:— 

(i) require a party to deposit a sum of money in the Court; 

(ii) require a party to take a specified step in relation to the claim or defence, as the case may 

be; 

(iii)  require  a  party,  as  the  case  may  be,  to  give  such  security  or  provide  such  surety  for 

restitution of costs as the Court deems fit and proper; 

(iv) impose  such  other  conditions,  including  providing  security  for restitution  of  losses  that 
any  party  is  likely  to  suffer  during  the  pendency  of  the  suit,  as  the  Court  may  deem  fit  in  its 
discretion; and 

(b)  specify  the  consequences  of  the  failure  to  comply  with  the  conditional  order,  including 

passing a judgment against the party that have not complied with the conditional order. 

8. Power 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.’. 

6. Omission of Order XV.—Order XV of the Code shall be omitted. 

7. Insertion of Order XV-A.—7. After Order XV of the Code, the following Order shall be inserted, 

namely:— 

“ORDER XV A 

CASE MANAGEMENT HEARING 

1. First 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 all parties 
to the suit. 

20 

2. Orders 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 an order–– 

(a)  framing  the  issues  between  the  parties  in  accordance  with  Order  XIV  of  the  Code  of  Civil 
Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it, 
and on examination conducted by the Court under Rule 2 of Order X, if required; 

(b) listing witnesses to be examined by the parties; 

(c) fixing the date by which affidavit of evidence to be filed by parties; 

(d) fixing the date on which evidence of the witnesses of the parties to be recorded; 

(e) fixing the date by which written arguments are to be filed before the Court by the parties; 

(f) fixing the date on which oral arguments are to be heard by the Court; and 

(g) setting time limits for parties and their advocates to address oral arguments. 

3. Time 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 months from 
the date of the first Case Management Hearing. 

4.  Recording  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 witnesses is complete. 

5.  Case  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 to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. 

6. Powers 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  pending  application  filed  by  the  parties 

under Order XIII-A; 

(b)  direct  parties  to  file  compilations  of  documents  or  pleadings  relevant  and  necessary  for 

framing issues; 

(c) extend or shorten the time for compliance with any practice, direction or Court order if it finds 

sufficient reason to do so; 

(d) adjourn or bring forward a hearing if it finds sufficient reason to do so; 

(e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X; 

(f) consolidate proceedings; 

(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; 

(h) direct a separate trial of any issue; 

(i) decide the order in which issues are to be tried; 

(j) exclude an issue from consideration; 

(k) dismiss or give judgment on a claim after a decision on a preliminary issue; 

(l) direct that evidence be recorded by a Commission where necessary in accordance with Order 

XXVI; 

(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible  or 

argumentative material; 

(n)  strike  off  any  parts  of  the  affidavit  of  evidence  filed  by  the  parties  containing  irrelevant, 

inadmissible or argumentative material; 

21 

(o) delegate the recording of evidence to such authority appointed by the Court for this purpose; 

(p) pass any order relating to the monitoring of recording the evidence by a commission or any 

other authority; 

(q) order any party to file and exchange a costs budget; 

(r)  issue  directions  or  pass  any  order  for  the  purpose  of  managing  the  case  and  furthering  the 

overriding objective of ensuring the efficient disposal of the suit. 

(2) When the Court passes an order in exercise of its powers under this Order, it may— 

(a) make it subject to conditions, including a condition to pay a sum of money into Court; and 

(b) specify the consequence of failure to comply with the order or a condition. 

(3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also 
be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement 
between the parties. 

7.  Adjournment  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 that an adjournment of the hearing is sought in advance by moving an application, the Court 
may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the 
party moving such application. 

(2) Notwithstanding anything contained in this Rule, if the Court  is satisfied that there is a justified 
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and 
conditions it deems fit. 

8. Consequences of non-compliance 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-compliance by payment of costs to the Court; 

(b)  foreclose  the  non-compliant  party’s  right  to  file  affidavits,  conduct  cross-examination  of 
witnesses, file written submissions, address oral arguments or make further arguments in the trial, as 
the case may be, or 

(c)  dismiss  the  plaint  or  allow  the  suit  where  such  non-compliance  is  wilful,  repeated  and  the 

imposition of costs is not adequate to ensure compliance.”. 

8. Amendment 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, within four weeks prior to commencing the oral arguments, submit concisely 
and  under  distinct  headings  written arguments  in  support  of  his  case  to  the  Court  and  such  written 
arguments shall form part of the record. 

(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support 
of the arguments and the citations of judgments being relied upon by the party and include copies of 
such judgments being relied upon by the party. 

(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. 

(3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file 
revised written arguments within a period of not more than one week after the date of conclusion of 
arguments. 

(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the 

Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. 

(3F)  It  shall  be  open  for  the  Court  to  limit  the  time  for  oral  submissions  having  regard  to  the 

nature and complexity of the matter.”. 

22 

9.  Amendment  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 witnesses whose evidence is proposed to be led by a party 
shall be filed simultaneously by that party at the time directed in the first Case Management Hearing. 

(1B)  A  party  shall  not  lead  additional  evidence  by  the  affidavit  of  any  witness  (including  of  a 
witness who has already filed an affidavit) unless sufficient cause is made out in an application for 
that purpose and an order, giving reasons, permitting such additional affidavit is passed by the Court. 

(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time 
prior  to  commencement  of  cross-examination  of  that  witness,  without  any  adverse  inference  being 
drawn based on such withdrawal: 

Provided  that  any  other  party  shall  be  entitled  to  tender  as  evidence  and  rely  upon  any  admission 

made in such withdrawn affidavit.”. 

10. Amendment to Order XIX.—In Order XIX of the Code, after Rule 3, the following Rules shall 

be inserted, namely:–– 

“4. Court 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 before the 
Court. 

(2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence 

that would otherwise be produced by the parties.”. 

5. Redacting 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 examination-in-chief as do 

not, in its view, constitute evidence; or 

(ii)  return  or  reject  an  affidavit  of  examination-in-chief  as  not  constituting  admissible 

evidence. 

6.  Format  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 sequence of, the 

dates and events that are relevant for proving any fact or any other matter dealt with; 

(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or 
contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or 
such parts of the affidavit, as it deems fit and proper; 

(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion 

of the subject; 

(d) an affidavit shall state— 

(i) which of the statements in it are made from the deponent’s own knowledge and which 

are matters of information or belief; and 

(ii) the source for any matters of information or belief; 

(e) an affidavit should— 

(i) have the pages numbered consecutively as a separate document (or as one of several 

documents contained in a file); 

(ii) be divided into numbered paragraphs; 

(iii) have all numbers, including dates, expressed in figures; and 

23 

(iv)  if  any  of  the  documents  referred  to  in  the  body  of  the  affidavit  are  annexed  to  the 
affidavit or any other pleadings, give the annexures and page numbers of such documents that 
are relied upon.”. 

11. Amendment of Order XX.—In Order XX of the Code, for Rule 1, the following Rule  shall be 

substituted, namely:–– 

“(1)  The  1[Commercial  Court,  Commercial  Appellate  Court],  Commercial  Division,  or 
Commercial  Appellate  Division,  as  the  case  may  be,  shall,  within  ninety  days  of  the  conclusion  of 
arguments,  pronounce  judgment  and  copies  thereof  shall  be  issued  to  all  the  parties  to  the  dispute 
through electronic mail or otherwise.”. 

2[12. After Appendix H, the following Appendix shall be inserted, namely:—  

‘‘APPENDIX-I 

STATEMENT OF TRUTH 

(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) 

I ----- the deponent do hereby solemnly affirm and declare as under:  

1. I am the party in the above suit and competent to swear this affidavit.  

2.  I  am  sufficiently  conversant  with  the  facts  of  the  case  and  have  also  examined  all  relevant 

documents and records in relation thereto.  

3.  I  say  that  the  statements  made  in  -----paragraphs  are  true  to  my  knowledge  and  statements 
made  in  -----paragraphs  are  based  on  information  received  which  I  believe  to  be  correct  and 
statements made in ---paragraphs are based on legal advice. 

 4. I say that there is no false statement or concealment of any material fact, document or record 

and I have included information that is according to me, relevant for the present suit.  

5. I say that all documents in my power, possession, control or custody, pertaining to the facts and 
circumstances  of  the  proceedings  initiated  by  me  have  been  disclosed  and  copies  thereof  annexed 
with  the  plaint,  and  that  I  do  not  have  any  other  documents  in  my  power,  possession,  control  or 
custody.  

6. I say that the above-mentioned pleading comprises of a total of ---- pages, each of which has 

been duly signed by me. 

 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon 

by me.  

8. I say that I am aware that for any false statement or concealment, I shall be liable for action 

taken against me under the law for the time being in force.  

Place: 

 Date:  

I,  ……………………….  do  hereby  declare  that  the  statements  made  above  are  true  to  my 

VERIFICATION 

DEPONENT  

knowledge.  

Verified at [place] on this [date]  

DEPONENT.”.] 

1. Subs. by Act 28 of 2018, s. 18, for “Commercial Court” (w.e.f. 3-5-2018).  
2. Ins. by s. 18, ibid., (w.e.f. 23-10-2015).  

24 

                                                           
