Question : Pending Commercial Disputes

(a) whether the Government is aware that the commercial disputes are not disposed off in a time bound manner resulting in negative impact on Ease of Doing Business and if so, the details thereof;

(b) the total number of commercial disputes pending in the country in various courts, the details for the last three years, year wise; and

(c) whether the Government has taken any measures to ensure that commercial disputes are disposed off in a time bound manner to promote Ease of Doing Business and if so, the details thereof?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE &CORPORATE AFFAIRS
(SHRI P. P. CHAUDHURY)


(a) & (c): In order to facilitate speedy disposal of commercial disputes of specified value of Rupees one core and above, the Government had enacted the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. By the said Act, certain amendments have been made in the Code of Civil Procedure, 1908 with a view to fast track and reduce delays in disposal of commercial cases. Furthermore, the Government endeavors to provide for speedy resolution of commercial disputes of reasonable value which will further improve India’s Rank in the World Bank Report on Doing Business. In this regard, a Bill replacing theCommercialCourts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 promulgated on 3rd May, 2018, has been introduced in the Lok Sabha on 23rd July, 2018. As per the Ordinance, the specified value of a commercial dispute has been reduced to Rupees three lakhs from the present one crore and a mechanism for Pre-Institution Mediation and Settlement has also been provided as a measure to encourage Alternative Dispute Resolution process for settlement of commercial disputes.

(b)The details of the commercial disputes pending in the country, as collected from various High courts for the last three years are at Annexure.



ANNEXURE
DETAILS OF THE COMMERCIAL DISPUTES PENDING IN THE COUNTRY FOR THE LAST THREE YEARS
S. No. Name of the State Total number of pending Commercial disputes during each of the last three years
2015 2016 2017
1. Jharkhand 3 16 69
2. Assam 15
(as on 31.12.2016) 11
(as on 31.12.2017) 10
(as on 28.02.2018)
3. Sikkim 0 0 2
4. Karnataka 104 108 408
5. Gujarat 922
(as on 31.12.2016) 1118
(as on 31.12.2017) 1130
(as on 28.02.2018)
6. Tripura 30
7 Bihar -- 0 4
8. Delhi 6452 11987 16267
9. Uttar Pradesh 5501 7808 11793
10. Chattisgarh 2282
11. Punjab -- 109 191
12. Haryana -- 150 236
13. Chandigarh -- 147 139
14. High Court of Orissa 365 428 384
Besides, 46 numbers of commercial disputes are pending before the commercial courts established in the District of Khurda at Bhubaneswar, Ganjam at Behampur and Sambalpur.
15. Maharashtra (excluding Mumbai) 562 (as on 31.12.2016) 393
(as on 31.12.2017) 447
(as on 31.03.2018)
16. Goa 119
(as on 31.12.2016) 116
(as on 31.12.2017) 121
(as on 31.03.2018)
17. Daman & Diu 28
(as on 24.04.2017) Nil (as on 31.12.2017) Nil
(as on 31.03.2018)
18. Dadra Nagar Haveli Nil (as on 18.05.2017) Nil
(as on 31.12.2017) 23
(as on 31.03.2018)
19. Rajasthan 109 162 223
20. Kerala Nil
21. Meghalaya -- -- 01
22. Jammu & Kashmir 3833 4171 6234
23. Tamil Nadu and Puducherry 88 107 1459