Steps taken to speed up disposal of cases in India

By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners
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Over the past few months, the judiciary and the government have taken steps which may result in the quick disposal of disputes pending across various forums in India.

Commercial courts

The Law Commission of India, via its 188th Report, presented the Commercial Division of High Courts Bill, 2009, for consideration by the parliament and a select committee. In view of recommendations from the parliament and the select committee, the Law Commission revised the bill and, via its 253rd Report, presented the Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015.

Vivek Vashi
Vivek Vashi

The latest report acknowledges that there exists a perception that the Indian judicial system may have “collapsed” over the years due to inordinate delays, and accordingly calls for steps to ensure the fast disposal of high value commercial disputes so as to provide assurance to investors. The 2015 bill widely defines commercial disputes, in section 2(1)(a), and proposes that all disputes over ₹10 million (US$160,000) be adjudicated by commercial divisions in the high courts or commercial courts (section 3 read with section 13).

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Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Krishnendu Sayta is an associate.

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