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2018-07-20

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Indian Polity
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Security / Law / Strategic affairs

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018

Highlights of the Ordinance

  • The Commercial Courts Act, 2015 provides for commercial courts and commercial divisions of high courts to adjudicate commercial disputes with a value of at least one crore rupees.  The Ordinance reduces this limit to three lakh rupees.
  • The Ordinance allows state governments to establish commercial courts at the district level, even in territories where high courts have ordinary original civil jurisdiction.
  • In areas where high courts do not have original jurisdiction, state governments may set up commercial appellate courts at the district level to consider appeals from commercial courts below the level of a district judge.

Key Issues and Analysis

  • The Ordinance reduces the pecuniary jurisdiction of commercial courts from one crore rupees to three lakh rupees.  It may be argued that the transfer of all commercial disputes above three lakh rupees may overburden the commercial courts and defeat the objective with which they were established.  

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Current Status: Ordinance: In force
Ministry: Law and Justice
Stage Date
Introduction May 3, 2018
Com. Ref.
Com. Rep.
Lok Sabha
Rajya Sabha
Relevant Links
Commercial Division of High Courts Amendment Ordinance 2018.pdf  Ordinance Text   (445 KB)
Legislative Brief on Commercial Courts Ordinance, 2018.pdf  PRS Legislative Brief  (702 KB)
Commercial Courts Ordinance Summary.pdf  PRS Ordinance Summary  (226 KB)

Related news articles
Ordinance on commercial courts may not improve ranking, Business Standard, May 13, 2018

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