The Commercial Courts, Commercial Division, and Commercial Appellate Division of High Courts Act, 2015 has been enacted to lower the burden on the Courts. Under the act, the Commercial Courts have been given the power to adjudicate commercial disputes and the commercial disputes are defined in the widest possible terms so as to cover within its ambit almost all kinds of disputes in relation to a ‘commercial transaction’. It includes disputes relating to transactions between merchants, bankers, financiers, traders, etc.  In relation to shareholder’s agreements, it includes mercantile documents, and partnership agreements, amongst others.

The state governments shall nake Commercial Courts at the District level in consultation with the concerned High Court. The State/Union Territory will make these Courts will only be set up in where the High Court does not have ordinary original civil jurisdiction. All High Courts having ordinary civil jurisdiction should have a Commercial Division which will be constituted by the Chief Justice of High Court. These Commercial Divisions will have different benches comprising a single Judge.

Now, the question comes whether the Commercial Court should only be the spectator whose participation in the proceedings is confined only to presiding over the trial or whether the judge should take on a more driven role in the proceedings.

Case Laws

In Ram Chander vs. the State of Haryana, the Supreme Court of India held that in criminal cases the courts should cease to be only a mere sightseer but must become a participant in the trial by exhibiting the active interest. Section 165 of the Indian Evidence Act, 1872 states that it is the duty of the Court to discover the truth.

Also Read: Res Judicata 

In Mohanlal Shamji Soni vs. Union of India, the Supreme Court raised the issue whether the Court while administering evidence by a party should “simply sit as an umpire” or has a duty to be a contributor in directing the control and administering justice.

The different laws bind the courts. However,  they have a duty too to see provide justice who deserve it. Laws are being modified in such a way that the accused always tries to escape from the penalty. However, the Court procedures should work in such a manner that the court should be served justice to the necessary parties. Also, the judges should work on the same course.

The duty of the Court of providing justice extends to civil cases as well. For instance,  the Court is under the obligation to frame issues after reading the plaint and the written statement. The court should not believe only the parties. The Court needs to examine the pleadings before framing issues or passing any order. In short, the Court and the Judge are under a duty to identify the truth in every case.

The Code of Civil Procedure, 1908 provides for some of the powers which the Court must exercise:

1. Order XI Rule 5

The Court has the power to produce any person or documents in their possession, relating to any matter in question.

2. Order XIII-A

The Code entitles the Court to grant complete justice by maintaining the balance between the parties to the litigation.

3. Order XV-A Rule 5

The Court is having the authority to hold further Case Management Hearings to facilitate the speedy trial of the suit.

4. Order XVIII Rule (3F)

It states that the Court has the power to restrain the time for oral submissions.

In the long run, this Act will help in reducing the pendency of cases relating to commercial disputes. With the coming of this Act, the long-drawn process will become more efficient. Therefore, it is important to implement this Act in its true form so as to accomplish its very objectives.

Also Read: Role of Lawyer in Legal System 

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