The Delhi High Court on Friday issued notice to its registry, the Center, and the government of the national capital territory of Delhi on a plea seeking directions for setting up 42 more commercial courts, as notified by the Delhi Government on 13 April, 2021, to ensure speedy redressal of commercial cases instituted in Delhi in the larger public interest.
The public interest litigation (PIL) has been moved by social activist and practicing advocate Amit Sahni. The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad granted four weeks to the Registry of the High Court to file a response as to why commercial courts have not been set up in terms of the last order.
On 5 July, 2022, the Delhi High Court directed its Registrar General, the Government of NCT Delhi, and others to set up 42 commercial courts within a period of six months for the speedy redressal of commercial cases. However, the same has not been done to date, as stated in the plea.
Earlier, the Delhi High Court’s bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad noted down the submission of its administrative side, stating that a shortage of courtrooms is coming in the way of immediately starting additional commercial courts, which will be established once the infrastructure is completed.
The court also noted the submission of the Delhi Government stating the Chief Secretary, Government of NCT of Delhi, had desired during the meeting dated 7 June, 2022, that the PWD may strictly adhere to the timelines for the construction of prefabricated courtrooms and hand over the same formally within the prescribed timelines.
Taking note of the submission, the bench directed all the respondents to set up the infrastructure for 42 commercial courts within six months. The court granted liberty to petitioner Amit Sahni to re-approach the court if the order is not complied with within the time frame.
“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,” said the petitioner, Advocate Amit Sahni.
“The delay caused in the dispensation of justice has taken note of the High Courts and the Supreme Court from time to time, and directions have been issued to recruit for the pending vacancies in different courts of the country,” the petitioner added.
According to the petition, at present, a total of 22 commercial courts have been functioning in Delhi, but the additional 42 courts, as approved by the Government of the National Capital Territory (NCT) Delhi on 22 March, 2021, and subsequently notified on 13 April, 2021, have yet to be appointed.
“As against the world’s best practice for the 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,” said the petition.
The plea further stated that despite notification of 42 additional commercial courts by the government of NCT Delhi, the said posts have not been created by the High Court of Delhi through its Registrar General.