GOVERNMENT OF KERALA

Law (Legislation-Publication) Department

NOTIFICATION

No. 22241/Leg.Pbn.2/2015/Law.

Dated, Thiruvananthapuram, 23rd November 2015.

The following Ordinance, promulgated by the President and published in

the Gazette of India, Extraordinary, Part II, Section I dated the 23rd day of

October, 2015 is hereby republished for general information.

By order of the Governor,

A. C. FRANCIS,

Joint Secretary.

Kerala Gazette No. 7 dated 16th February 2016.

PART I

Section i

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 23rd October, 2015/Karthika 1, 1937 (Saka)

THE COMMERCIAL COURTS, COMMERCIAL DIVISION

AND COMMERCIAL APPELLATE DIVISION OF

HIGH COURTS ORDINANCE, 2015

(NO. 8 OF 2015)

Promulgated by the President in the Sixty-sixth Year of the

Republic of India.

ORDINANCE

to provide for the constitution of Commercial Courts, Commercial Division and

Commercial Appellate Division in the High Courts for adjudicating

commercial disputes of specified value and for matters connected

therewith or incidental thereto.

WHEREAs a Bill to provide for the Constitution of Commercial Courts,

Commercial Division and Commercial Appellate Division in the High Courts for

adjudicating commercial disputes of specified value was introduced in the

Council of States and referred to the Department Related Parliamentary Standing

Committee on Personnel, Public Grievances, Law and Justice for examination

and report which is pending;

AND WHEREAS, Parliament is not in session and the President is satisfied

that circumstances exist which render it necessary for him to take immediate

action;

Now THEREFORE, in exercise of the powers conferred by clause (1) of

article 123 of the Constitution, the President is pleased to promulgate the

following Ordinance:—

CHAPTER I

PRELIMINARY

l. Short title, extension and commencement.—(1) This Ordinance may be

called the Commercial Courts, Commèrcial Division and Commercial Appellate

Division of High Courts Ordinance, 2015.

(2) It extends to the whole of India, except the State of Jammu and

Kashmir.

(3) It shall come into force at once.

2. Definitions.—(1) In this Ordinance, unless the context otherwise

requires,—

(a)

“Commercial Appellate Division” means the Commercial Appellate

Division in a High Court constituted under sub-section (1) of section 5;

(b)

“Commercial Court” means the Commercial Court constituted under

sub-section (1) of section 3;

(c)

“commercial dispute” means a dispute arising out of —

(i) ordinary transactions of merchants, bankers, financiers and

traders such as those relating to mercantile documents, including

enforcement and interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and maritime law;

(iv) transactions relating to aircraft, aircraft engines, aircraft

equipment and helicopters, including sales, leasing and financing of the

same;

(v) carriage of goods;

(vi) construction and infrastructure contracts, including tenders;

(vii) agreements relating to immovable property used exclusively in

trade or commerce;

(viii) franchising agreements;

(ix) distribution and licensing agreements;

(x) management and consultancy agreements;

(xi) joint venture agreements;

(xii) shareholders agreements;

(xiii) subscription and investment agreements pertaining to the

services industry including outsourcing services and financial services;

(xiv) mercantile agency and mercantile usage;

(xv) partnership agreements;

(xvi) technology development agreements;

(xvii) intellectual property rights relating to registered and

unregistered trademarks, copyright, patent, design, domain names,

geographical indications and semiconductor integrated circuits;

(xviii) agreements for sale of goods or provision of services;

(xix) exploitation of oil and gas reserves or other natural resources

including electromagnetic spectrum;

(xx) insurance and re-insurance;

(xxi) contracts of agency relating to any of the above; and

(xxii) such other commercial disputes as may be notified by the

Central Government.

Explanation.—A commercial dispute shall not cease to be a

commercial dispute merely because—

(a) it also involves action for recovery of immovable property

or for realisation of monies out of immovable property given as

security or involves any other relief pertaining to immovable property;

(b) one of the contracting parties is the State or any of its

agencies or instrumentalities, or a private body carrying out public

functions;

(d) “Commercial Division” means the Commercial Division in

a High Court constituted under sub-section (1) of section 4;

(e) “District Judge” shall have the same meaning as assigned to

it in clause (a) of article 236 of the Constitution of India;

(f) “document” means any matter expressed or described upon

any substance by means of letters, figures or marks, or electronic

means, or by more than one of those means, intended to be used, or

which may be used, for the purpose of recording that matter;

(g) “notification” means a notification published in the Official

Gazette and the expression “notify” with its cognate meanings and

grammatical variations shall be construed accordingly;

(h) “Schedule” means the Schedule appended to the Ordinance;

and

(i) “Specified Value”, in relation to a commercial dispute,

shall mean the value of the subject matter in respect of a suit as

determined in accordance with section 12 which shall not be less than

one crore rupees or such higher value, as may be notified by the

Central Government.”.

(2) The words and expressions used and not defined in this Ordinance

but defined in the Code of Civil Procedure, 1908 (5 of 1908) and the

Evidence Act, 1872 (1 of 1872), sha1l have the same meanings respectively

assigned to them in that Code and the Act.

CHAPTER II

CONSTITUTION OF COMMERCIAL COURTS, COMMERCIAL

DIVISIONS AND COMMERCIAL APPELLATE DIVISIONS

3. Constitution of Commercial Courts.—(l) The State Government, may

after consultation with the concerned High Court, by notification, constitute such

number of Commercial Courts at District level, as it may deem necessary for the

purpose of exercising the jurisdiction and powers conferred on those Courts

under this Ordinance:

Provided that no Commercial Court shall be constituted for the territory

over which the High Court has ordinary original civil jurisdiction.

(2) The State Government shall, after consultation with the concerned

High Court specify, by notification, the local limits of the area to which the

jurisdiction of a Commercial Court shall extend and may, from time to time,

increase, reduce or alter such limits.

(3) The State Government shall, with the concurrence of the Chief

Justice of the High Court appoint one or more persons having experience in

dealing with commercial disputes to be the Judge or Judges, of a Commercial

Court, from amongst the cadre of Higher Judicial Service in the State.

4. Constitution of Commercial Division of High Court.—(1) In all High

Courts, having ordinary civil jurisdiction, the Chief Justice of the High Court

may, by order, constitute of Commercial Division having one or more Benches

consisting of a single Judge for the purpose of exercising the jurisdiction and

powers conferred on it under this Ordinance.

(2) The Chief Justice of the High Court shall nominate such judges of

the High Court who have experience in dealing with commercial disputes to be

judges of the Commercial Division.

5. Constitution of Commercial Appellate Division.—(1) After issuing

notification under sub-section (1) of section 3 or order under sub-section (1) of

section 4, the Chief Justice of the concerned High Court shall, by order,

constitute Commercial Appellate Division having one or more Division Benches

for the purpose of exercising the jurisdiction and powers conferred on it by the

Ordinance.

(2) The Chief Justice of the High Court shall nominate such judges of

the High Court who have experience in dealing with commercial disputes to be

judges of the Commercial Appellate Division.

6. Jurisdiction of Commercial Court.—The Commercial Court shall have

jurisdiction to try all suits and applications relating to a commercial dispute of a

Specified Valuearising out of the entire territory of the State over which it has

been vested territorial jurisdiction.

Explanation.—For the purposes of this section, a commercial dispute

shall be considered to arise out of the entire territory of the State over

which a Commercial Court has been vested jurisdiction, if the suit or

application relating to such commercial dispute has been instituted as per

the provisions of sections 16 to 20 of the Code of Civil Procedure, 1908

(5 of 1908).

7. Jurisdiction of Commercial Divisions of High Courts.—All suits and

applications relating to commercial disputes of a Specified Value filed in a High

Court having ordinary original civil jurisdiction shall be heard and disposed of

by the Commercial Division of that High Court:

Provided that all suits and applications relating to commercial disputes,

stipulated by an Act to lie in a court not inferior to a District Court, and filed

on the original side of the High Court, shall be heard and disposed of by the

Commercial Division of the High Court:

Provided further that all suits and applications transferred to the High Court

by virtue of sub-section (4) of section 22 of the Designs Act, 2000

(16 of 2000) or section 104 of the Patents Act, 1970 (39 of 1970) shall be

heard and disposed of by the Commercial Division of the High Court in all the

areas over which the High Court exercises ordinary original civil jurisdiction.

8. Bar against revision application or petition against an interlocutory

order.—Notwithstanding anything contained in any other law for the time being

in force, no civil revision application or petition shall be entertained against any

interlocutory order of a Commercial Court, including an order on the issue of

jurisdiction, and any such challenge, subject to the provisions of section 13, shall

be raised only in an appeal against the decree of the Commercial Court.

9. Transfer of suit if counter claim in a commercial dispute is of Specified

Value.—(1) Notwithstanding anything contained in the Code of Civil Procedure,

1908 (5 of 1908), in the event that a counter-claim filed in a suit before a

civil court relating to a commercial dispute is of Specified Value, such suit shall

be transferred by the civil court to the Commercial Division or Commercial

Court, as the case may be, having territorial jurisdiction over such suit.

(2) In the event that such suit is not transferred in the manner contemplated

in sub-section (1), the Commercial Appellate Division of the High Court

exercising supervisory jurisdiction over the civil court in question may, on the

application of any of the parties to the suit, withdraw such suit pending before

the civil court and transfer the same for trial or disposal to the Commercial

Court or Commercial Division or, as the case may be, having territorial

jurisdiction over such suit, and such order of transfer shall be final and binding.

10. Jurisdiction in respect of arbitration matters.—Where the subject

matter of an arbitration is a commercial dispute of a Specified Value and—

(1) If such arbitration is an international commercial arbitration, all

applications or appeals arising out of such arbitration under the provisions of the

Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed in a

High Court, shall be heard and disposed of by the Commercial Appellate

Division where such Commercial Appellate Division has been constituted in such

High Court.

(2) If such arbitration is other than an international commercial arbitration,

all applications or appeals arising out of such arbitration under the provisions of

the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on

the original side of the High Court, shall be heard and disposed of by the

Commercial Appellate Division where such Commercial Appellate Division has

been constituted in such High Court.

(3) If such arbitration is other than an international commercial arbitration,

all applications or appeals arising out of such arbitration under the provisions of

the Arbitration and Conciliation Act, 1996 (26 of 1996) that would ordinarily lie

before any principal civil court of original Jurisdiction in a district (not being a

High Court) shall be filed in, and heard and disposed of by the Commercial

Court exercising territorial jurisdiction over such arbitration where such

Commercial Court has been constituted.

11. Bar of Jurisdiction of Commercial Courts and Commercial

Divisions.— Notwithstanding anything contained in this Ordinance, a

Commercial Court or a Commercial Division shall not entertain or decide any

suit, application or proceedings relating to any commercial dispute in respect of

which the jurisdiction of the civil court is either expressly or impliedly barred

under any other law for the time being in force.

CHAPTER III

SPECIFIED VALUE

12. Determination of Specified Value.—(1) The Specified Value of the

subject matter of the commercial dispute in a suit, appeal or application shall be

determined in the following manner:—

(a)

where the relief sought in a suit or application is for recovery of

money, the money sought to be recovered in the suit or application

inclusive of interest, if any, computed up to the date of filing of the suit or

application, as the case may be, shall be taken into account for determining

such Specified Value;

(b) where the relief sought in a suit, appeal or application relates to

movable property or to a right therein, the market value of the movable

property as on the date of filing of the suit, appeal or application, as the

case may be, shall be taken into account for determining such Specified

Value;

immovable property or to a right therein, the market value of the immovable

property, as on the date of filing of the suit, appeal or application, as the

case may be, shall be taken into account for determining Specified Value;

(d) where the relief sought in a suit, appeal or application relates to any

other intangible right, the market value of the said rights as estimated by

the plaintiff shall be taken into account for determining Specified Value; and

(e) where the counter-claim is raised in any suit, appeal or application,

the value of the subject matter of the commercial dispute in such counter-

claim as on the date of the counter-claim shall be taken into account.

(2) The aggregate value of the claim and counter-claim, if any, as set

out in the statement of claim and the counter-claim, if any, in an arbitration of a

commercial dispute shall be the basis for determining whether such arbitration is

subject to the jurisdiction of a Commercial Division, Commercial Appellate

Division or Commercial Court, as the case may be.

(3) No appeal or civil revision application under section 115 of the

Code of Civil Procedure, 1908 (5 of 1908) as the case may be, shall lie from

an order of a Commercial Division or Commercial Court finding that it has

jurisdiction to hear a commercial dispute under this Ordinance.

CHAPTER IV

APPEALS

13. Appeals from decrees of Commercial Courts and Commercial

Divisions.—(1) Any person aggrieved by the decision of the Commercial Court

or Commercial Division of a High Court may appeal to the Commercial

Appellate Division of that High Court within a period of sixty days from the date

of judgment or order, as the case may be:

Provided that an appeal shall lie from such orders passed by a Commercial

Division or a Commercial Court that are specifically enumerated under Order

XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by

this Ordinance and section 37 of the Arbitration and Conciliation Act, 1996

(26 of 1996).

(2) Notwithstanding anything contained in any other law for the time

being in force or Letters Patent of a High Court, no appeal shall lie from any

order or decree of a Commercial Division or Commercial Court otherwise than

in accordance with the provisions of this Ordinance.

14. Expeditious disposal of appeals.—The Commercial Appellate Division

shall endeavour to dispose of appeals filed before it within a period of six

months from the date of filing of such appeal.

CHAPTER V

TRANSFER OF PENDING SUITS

15. Transfer of pending cases.—(1) All suits and applications, including

applications under the Arbitration and Conciliation Act, 1996 (26 of 1996),

relating to a commercial dispute of Specified Value pending in a High Court

where a Commercial Division has been constituted, shall be transferred to the

Commercial Division.

(2) All suits and applications, including applications under the

Arbitration and Conciliation Act, l996 (26 of 1996), relating to a commercial

dispute of Specified Value pending in any civil court in any district or area in

respect of which a Commercial Court has been constituted, shall be transferred

to such Commercial Court:

Provided that no suit or application where the final judgment has been

reserved by the Court prior to the constitution of the Commercial Division or

the Commercial Court shall be transferred either under sub-section (1) or

sub-section (2).

(3) Where any suit or application, including an application under the

Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial

dispute of Specified Value shall stand transferred to the Commercial Division or

Commercial Court under sub-section (1) or sub-section (2), the provisions of

this ordinance shall apply to those procedures that were not complete at the

time of transfer.

(4) The Commercial Division or Commercial Court, as the case may

be, may hold case management hearings in respect of such transferred suit or

application in order to prescribe new timelines or issue such further directions

as may be necessary for a speedy and efficacious disposal of such suit or

application in accordance with Order XIV-A of the Code of Civil Procedure,

1908 (5 of 1908):

Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code

of Civil Procedure, 1908 (5 of 1908), shall not apply to such transferred suit or

application and the court may, in its discretion, prescribe a new time period

within which the written statement must be filed.

(5) In the event that such suit or application is not transferred in the

manner specified in sub-section (1), sub-section (2) or sub-section (3), the

Commercial Appellate Division of the High Court may, on the application of any

of the parties to the suit, withdraw such suit or application from the court

before which it is pending and transfer the same for trial or disposal to the

Commercial Division or Commercial Court, as the case may be, having

territorial jurisdiction over such suit, and such order of transfer shall be final

and binding.

CHAPTER VI

AMENDMENTS TO THE PROVISIONS OF THE CODE OF

CIVIL PROCEDURE, 1908

16. Amendments to Code of Civil Procedure, 1908 in its application to

commercial.—(1) The provisions of the Code of Civil Procedure,1908

(5 of 1908), shall, in their application to any suit in respect of a commercial

dispute of a Specified Value, stand amended in the manner as specified in the

Schedule.

(2) The Commercial Division and Commercial Court shall follow the

provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by

this Ordinance, in the trial of a suit in respect of a commercial dispute of a

Specified Value.

(3) Where any provision of any Rule of the jurisdictional High Court

or any amendment to the Code of Civil Procedure, 1908, by the State

Government is in conflict with the provisions of the Code of Civil Procedure,

1908 (5 of 1908), as amended by this Ordinance, the provisions of the Code of

Civil Procedure as amended by this Ordinance shall prevail.

CHAPTER VII

MISCELLANEOUS

17. Collection and disclosure of data by Commercial Courts, Commercial

Divisions and Commercial Appellate Divisions.—The statistical data regarding

the number of suits, applications, appeals or writ petitions filed before the

Commercial Court, Commercial Division, or Commercial Appellate Division, as

the case may be, the pendency of such cases, the status of each case, and the

number of cases disposed of, shall be maintained and updated every month by

each Commercial Court, Commercial Division, Commercial Appellate Division

and shall be published on the website of the relevant High Court.

18. Power of High Court to issue directions.—The High Court may, by

notification, issue practice directions to supplement the provisions of Chapter II

or the Code of Civil Procedure, 1908 (5 of 1908), in so far as such provisions

apply to the hearing of commercial disputes of a Specified Value.

19. Infrastructure facilities.—The State Government shall provide

necessary infrastructure to facilitate the working of a Commercial Court or a

Commercial Division of a High Court.

20. Training and continuous education.—The State Government may, in

consultation with the High Court, establish necessary facilities providing for

training of Judges who may be appointed to the Commercial Court, Commercial

Division or the Commercial Appellate Division in a High Court.

21. Act to have overriding effect.—Save as otherwise provided, the

provisions of this Ordinance shall have effect, notwithstanding anything

inconsistent therewith contained in any other law for the time being in force or

in any instrument having effect by virtue of any law for the time being in force

other than this Ordinance.

22. Power to remove difficulties.—(1) If any difficulty arises in giving

effect to the provisions of this Ordinance, the Central Government may, by order

published in the Official Gazette, make such provisions, not inconsistent with the

provisions of this Ordinance as may appear to it to be necessary or expedient for

removing the difficulty:

Provided that no such order shall be made under this section after the

expiry of a period of two years from the date of commencement of this

Ordinance.

(2) Every order made under this section shall be laid, as soon as may

be, after it is made, before each House of Parliament.

SCHEDULE

(See section 17)

1. Amendment of section 26.—In section 26 of the Code of Civil

Procedure, 1908 (5 of 1908) (hereafter referred to as the Code), in sub-section

(2), the following proviso shall be inserted, namely:—

“Provided that such an affidavit shall be in the form and manner as

prescribed under Order VI Rule 15A.”.

2. Substitution of new section for section 35.—For section 35 of the

Code, the following section shall be subtituted, namely:—

“35. (l) In relation to any commercial dispute, the Court,

not withstanding anything contained in any other law for the time being in force

or Rule, has the discretion to determine:

(a) whether costs are payable by one party to another;

(b) the quantum of those costs; and

Explanation.—For the purpose of clause (a), the expression “costs” shall mean

reasonable costs relating to—

(i)

the fees and expenses of the witnesses incurred;

(ii) legal fees and expenses incurred;

(iii) any other expenses incurred in connection with the proceedings.

(2) If the Court decides to make an order for payment of costs, the

general rule is that the unsuccessful party will be ordered to pay the costs of the

successful party:

Provided that the Court may make an order deviating from the general rule

for reasons to be recorded in writing.

Illustration.—The Plaintiff, in his suit, seeks a money decree for breach of

contract, and damages. The Court holds that the Plaintiff is entitled to the

money decree. However, it returns a finding that the claim for damages is

frivolous and vexatious.

In such circumstances the Court may impose costs on the Plaintiff, despite

the Plaintiff being the successful party, for having raised frivolous claims for

damages.

(3) In making an order for the payment of costs, the Court shall have

regard to the following circumstances, including—

(a)

the conduct of the parties;

(b) whether a party has succeeded on part of its case, even if that

party has not been wholly successful;

delay in the disposal of the case;

(d) whether any reasonable offer to settle is made by a party and

unreasonably refused by the other party; and

(e) whether the party had made a frivolous claim and instituted a

vexatious proceeding wasting the time of the Court.

(4) The orders which the Court may make under this provision include

an order that a party must pay—

(a) a proportion of another party’s costs;

(b) a stated amount in respect of another party’s costs;

(d) costs incurred before proceedings have begun;

(e) costs relating to particular steps taken in the proceedings;

(f)

costs relating to a distinct part of the proceedings; and

(g) interest on costs from or until a certain date.

3. Amendment of section 35A.—In section 35A of the Code, sub-section

(2) shall be omitted.

4. Amendment of First Schedule.— In the First Schedule to the Code,—

(A) in the Order V, in Rule 1, in sub-rule (1), for the second proviso, the

following proviso shall be substituted, namely:—

“Provided further that where the defendant fails to file the written statement

within the said period of thirty days, he shall be allowed to file the written

statement on such other day, as may be specified by the Court, for reasons to be

recorded in writing and on payment of such costs as the Court deems fit, but

which shall not be later than one hundred twenty days from the date of service of

summons. On expiry of one hundred twenty days from the date of service of

summons, the defendant shall forfeit the right to file the written statement and

the Court shall not allow^, the written statement to be taken on record.”;

(B) in Order VI,—

(i)

after Rule 3, the following Rule shall be inserted, namely:—

“3A. Forms of pleading in Commercial Courts - In a Commercial Dispute,

where forms of pleadings have been prescribed under the High Court Rules or

Practice Directions made for the purposes of such commercial disputes,

pleadings shall be in such forms.”;

(ii) after Rule 15, the following Rule shall be inserted, namely:—

“15A. Verification of pleadings in a Commercial Dispute.-

(1) Notwithstanding anything contained in Rule 15, every pleading in a

Commercial Dispute shall be verified by an affidavit in the manner and form

prescribed in the Appendix to this Schedule.

(2) An affidavit under sub-rule (1) above shall be signed by the party or

by one of the parties to the proceedings, or by any other person on behalf of

such party or parties who is proved to the satisfaction of the Court to be

acquainted with the facts of the case and who is duly authorised by such party or

parties.

(3) Where a pleading is amended, the amendments must be verified in

the form and manner referred to in sub-rule (1) unless the Court orders

otherwise.

(4) Where a pleading is not verified in the manner provided under sub-

rule (1), the party shall not be permitted to rely on such pleading as evidence or

any of the matters set out therein.

(5) The Court may strike out a pleading which is not verified by a

Statement of Truth, namely, the affidavit set out in the Appendix to this

Schedule.”;

namely:—

“2A. Where interest is sought in the suit.-

(l) Where the plaintiff seeks interest, the plaint shall contain a statement

to that effect along with the details set out under sub-rules (2) and (3).

(2)

Where the plaintiff seeks interest, the plaint shall state whether

the plaintiff is seeking interest in relation to a commercial transaction within the

meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and,

furthermore, if the plaintiff is doing so under the terms of a contract or under an

Act, in which case the Act is to be specified in the plaint; or on some other

basis and shall state the basis of that.

(3)

Pleadings shall also state-

(a)

the rate at which interest is climed;

(b)

the date from which it is claimed;

(c)

the date to which it is calculated;

(d)

the total amount of interest claimed to the date of calculation; and

(e)

the daily rate at which interest accrues after that date.”;

(D) in Order VIII,—

(i)

in Rule 1, for the proviso, the following proviso shall be

substituted, namely:—

“Provided that where the defendent fails to file the written statement within

the said period of thirty days he shall be allowed to file the written statement on

such other day, as may be specified by the Court, for reasons to be recorded in

writing and on payment of such costs as the Court deems fit, but which shall

not be later than one hundred twenty days from the date of service of

summons. On expiry of one hundred twenty days from the date of service of

summons, the defendant shall forfeit the right to file the written statement and

the Court shall not allow the written statement to be taken on record.”;

(ii) after Rule 3, the following Rule shall be inserted, namely:—

“3A. Denial by the defendant in suits before the Commercial Division of

the High Court or the Commercial Court.

(1)

Denial shall be in the manner provided in sub-rules (2), (3), (4)

and (5) of this Rule.

(2)

The defendant in his written statement shall state which of the

allegations in the particulars of plaint he denies, which allegations he is unable

to admit or deny, but which he requires the plaintiff to prove, and which

allegations he admits.

(3)

Where the defendant denies an allegation of fact in a plaint, he

must state his reasons for doing so and if he intends to put forward a different

version of events from that given by the plaintiff, he must state his own

version.

(4)

If the defendant disputes the jurisdiction of the Court he

must state the reasons for doing so, and if he is able, give his own statement

as to which Court ought to have jurisdiction.

(5)

If the defendant disputes the plaintiff’s valuation of the suit, he

must state his reasons for doing so, and if he is able, give his own statement of

the value of the suit.” ;

(iii) in Rule 5, in sub-rule (1), after the first proviso, the following

proviso shall be inserted, namely:—

“ Provided further, that every allegation of fact in the plaint, if not denied in

the manner provided under Rule 3A of this Order, shall be taken to be admitted

except as against a person under disability.”;

(iv) in Rule 10, after the first proviso, the following proviso shall be

inserted, namely: —

“Provided further that no Court shall make an order to extend the time

provided under Rule 1 of this Order for filing of the written statement.”;

(E) for Order XI of the Code, the following Order shall be substituted,

namely:—

“ORDER XI

DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS IN SUITS

BEFORE THE COMMERCIAL DIVISION OF A HIGH COURT OR A

COMMERCIAL COURT

Disclosure and discovery of documents.— (1) Plaintiff shall file a list

of all documents and photocopies of all documents, in its power, possession,

control or custody, pertaining to the suit, along with the plaint, including:

(a)

Documents referred to and relied on by the plaintiff in the plaint;

(b)

Documents relating to any matter in question in the proceedings,

in the power, possession, control or custody of the plaintiff, as on the date of

filing the plaint, irrespective of whether the same is in support of or adverse to

the plaintiff’s case;

G. 60/2015/DTP (2).

(c)

nothing in this Rule shall apply to documents produced by

plaintiffs and relevant only—

(i)

for the cross-examination of the defendant’s witnesses, or

(ii) in answer to any case setup by the defendant subsequent

to the filing of the plaint, or

(iii) handed over to a witness merely to refresh his memory.

(2)

The list of documents filed with the plaint shall specify whether the

documents in the power, possession, control or custody of the plaintiff are

originals, office copies or photocopies. The list shall also set out in brief, details

of parties to each document, mode of execution, issuance or receipt and line of

custody of each document.

(3)

The plaint shall contain a declaration on oath from the plaintiff that all

documents in the power, possession, control or custody of the plaintiff,

pertaining to the facts and circumstances of the proceedings initiated by him

have been disclosed and copies thereof annexed with the plaint, and that the

plaintiff does not have any other documents in its power, possession, control or

custody.

Explanation.—A declaration on oath under this sub-rule shall be contained

in the Statement of Truth as set out in the Appendix.

(4)

In case of urgent filings, plaintiff may seek leave to rely on additional

documents as part of the above declaration on oath and subject to grant of such

leave by Court, the plaintiff shall file such additional documents in Court, within

thirty days of filing the suit, along with a declaration on oath that the plaintiff

has produced all documents in its power, possession, control or custody

pertaining to the facts and circumstances of the proceedings initiated by the

plaintiff and that the plaintiff does not have any other documents, in its power,

possession, control or custody.

(5)

Plaintiff shall not be allowed to rely on documents, which were in the

plaintiff’s power, possession, control or custody and not disclosed along with

plaint or within the extended period set out above, save and except by leave of

Court. Such leave shall be granted only upon the plaintiff establishing

reasonable cause for non–disclosure along with the plaint.

(6) The plaint shall set out details of documents which the plaintiff

believes to be in the power, possession, control. or custody of the defendant

and which the plaintiff wishes to rely upon and seek leave for production

thereof by the said defendant.

(7) Defendant shall file a list of all documents and photocopies of all

documents, in its power, possession, control or custody, pertaining to the suit,

along with the written statement or with its counter-claim if any, including—

(a)

documents referred to and relied on by the defendant in the

written statement;

(b)

documents relating to any matter in question in the proceeding in

the power, possession, control or custody of the defendant,

irrespective of whether the same is in support of or adverse to the

defendant’s defense;

(c)

nothing in this Rule shall apply to documents produced by

defendants and relevant only—

(i)

for the cross-examination of the plaintiff’s witnesses,

(ii)

in answer to any case setup by the plaintiff subsequent to

the filing of the plaint, or

(iii)

handed over to a witness merely to refresh his memory.

(8) The list of documents filed with the written statement or counter-claim

shall specify whether the documents, in the power, possession, control or

custody of the defendant, are originals, office copies or photocopies. The list

shall also set out in brief, details of parties to each document being produced by

the defendant, mode of execution, issuance or receipt and line of custody of

each document;

(9) The written statement or counter-claim shall contain a declaration on

oath made by the deponent that all documents in the power, possession, control

or custody of the defendant, save and except for those set out in sub-rule

7 (c) (iii) above, pertaining to the facts and circumstances of the proceedings

initiated by the plaintiff or in the counter-claim, have been disclosed and copies

thereof annexed with the written statement or counter-claim and that the

defendant does not have in its power, possession, control or custody, any other

documents;

(10)

Save and except for sub-rule 7 (c) (iii), defendant shall not be allowed

to rely on documents, which were in the defendant’s power, possession, control

or custody and not disclosed along with the written statement or counter claim,

save and except by leave of Court. Such leave shall be granted only upon the

defendant establishing reasonable cause for non-disclosure along with the

written statement or counter-claim;

(11) The written statement or counter-claim shall set out details of

documents in the power, possession, control or custody of the plaintiff, which

the defendant wishes to rely upon and which have not been disclosed with the

plaint, and call upon the plaintiff to produce the same;

(12) Duty to disclose documents, which have come to the notice of a party

shall continue till disposal of the suit.

2. Discovery by Interogatories.—(1) In any suit the plaintiff or defendant

by leave of the court may deliver interrogatories in writing for the examination

of the opposite parties or any one or more of such parties, and such

interrogatories when delivered shall have a note at the foot thereof stating

which of such interrogatories each of such persons is required to answer:

Provided that no party shall deliver more than one set of interogatories to

the same party without an order for that purpose:

Provided further that interrogatories which do not relate to any matters in

question in the suit shall be deemed irrelevant notwithstanding that they might

be admissible on the oral cross-examination of a witness.

(2) On an application for leave to deliver interrogatories, the particular

interrogatories proposed to be delivered shall be submitted to the court, and that

court shall decide within seven days from the day of filing of the said

application, in deciding upon such application, the court shall take into account

any offer, which may be made by the party sought to be interrogated to deliver

particulars, or to make admissions, or to produce documents relating to the

matters in question, or any of them, and leave shall be given as to such only of

the interrogatories submitted as the court shall consider necessary either for

disposing fairly of the suit or for saving costs.

(3) In adjusting the costs of the suit inquiry shall at the instance of any

party be made into the propriety of exhibiting such interrogatories, and if it is the

opinion of the taxing officer or of the court, either with or without an application

for inquiry, that such interrogatories have been exhibited unreasonably,

vexatiously or at improper length, the costs occasioned by the said

interrogatories and the answers thereto shall be paid in any event by the party

in fault.

(4) Interrogatories shall be in the form provided in Form No. 2 in

Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations

as circumstances may require.

(5) Where any party to a suit is a corporation or a body of persons,

whether incorporated or not, empowered by law to sue or be sued, whether in

its own name or in the name of any officer of other person, any opposite party

may apply for an order allowing him to deliver interrogatories to any member or

officer of such corporation or body, and an order may be made accordingly.

(6)

Any objection to answering any interrogatory on the ground that it is

scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that

the matters inquired into are not sufficiently material at that stage, or on the ground

of privilege or any other ground may be taken in the affidavit in answer.

(7) Any interrogatories may be set aside on the ground that they have been

exhibited unreasonably or vexatiously, or struck out on the ground that they are

prolix, oppressive, unnecessary or scandalous and any application for this purpose

may be made within seven days after service of the interrogatories.

(8)

Interrogatories shall be answered by affidavit to be filed within ten

days, or within such other time as the court may allow.

(9)

An affidavit in answer to interrogatories shall be in the form

provided in Form No. 3 in Appendix C to the Code of Civil

Procedure, 1908 (5 of 1908), with such variations as circumstances may require.

(10)

No exceptions shall be taken to any affidavit in answer, but the sufficiency

or otherwise of any such affidavit objected to as insufficient shall be determined by

the court.

(11)

Where any person interrogated omits to answer, or answers insufficiently,

the party interrogating may apply to the court for an order requiring him to answer, or

to answer further, as the case may be, and an order may be made requiring him to

answer, or to answer further, either affidavit or by viva voce examination, as the court

may direct.

Inspection.— (1) All parties shall complete inspection of all documents

disclosed within thirty days of the date of filing of the written statement

or written statement to the counter-claim, whichever is later. The Court may extend

this time limit upon application at its discretion, but not beyond thirty days in any

event.

(2)

Any party to the proceedings may seek directions from the Court, at

any stage of the proceedings, for inspection or production of documents by the

other party, of which inspection has been refused by such party or documents have

not been produced despite issuance of a notice to produce.

(3)

Order in such application shall be disposed of within thirty days

of filing such application, including filing replies and rejoinders (if permitted

by Court) and hearing.

(4)

If the above application is allowed, inspection and copies there of shall

be furnished to the party seeking it, within five days of such order.

(5)

No party will be permitted to rely on a document, which it had failed to

disclose or of which inspection has not been given, save and except with leave of

Court.

(6)

Court may impose exemplary costs against a defaulting party, who wilfully

or negligently failed to disclose all documents pertaining to a suit or essential for a

decision therein and which are in their power, possession, control or custody or

where a Court holds that inspection or copies of any documents had been wrongfully

or unreasonably withheld or refused.

4. Admission and denial of documents.— (l) Each party shall submit a statement

of admissions or denials of all documents disclosed and of which inspection has

been completed, within fifteen days of the completion of inspection or any later date

as fixed by the Court.

(2) The statement of admissions and denials shall set out explicitly, whether

such party was admitting or denying:

(a)

Correctness of contents of a document;

(b)

Existence of a document;

(c)

Execution of a document;

(d)

Issuance or receipt of a document;

(e)

Custody of a document.

Explanation.—A statement of admission or denial of the existence of a document

made in accordance with sub-rule 3(2)(b) of the modified order Xl will include the

admission or denial of the contents of a document.

(3) Each party shall set out reasons for denying a document under any of the

above grounds. Bare and unsupported denials shall not be deemed to be denials of a

document and proof of such documents may then be dispensed with at the discretion

of the Court.

(4) Any party may however submit bare denials for third party documents of

which the party denying does not have any personal knowledge of, and to which the

party denying is not a party to in any manner whatsoever.

(5) An Affidavit in support of the statement of admissions and denials shall

be filed confirming the correctness of the contents of the statement.

(6) In the event that the Court holds that any party has unduly refused to

admit a document under any of the above criteria, —costs (including exemplary

costs) for deciding on admissibility of a document may be imposed by the Court on

such party.

(7) Court may pass orders with respect to admitted documents including for

waiver of further proof thereon or rejection of any documents.

Production of documents.—(1) Any party to a proceeding may seek or the

Court may order, at any time during the pendency of any suit, production by any

party or person, of such documents in the possession or power of such party or

person, relating to any matter in question in such suit.

(2) Notice to produce such document shall be issued in the Form provided in

Form No. 7 in Appendix C to the Code of Civil’ Procedure, 1908(5 of 1908).

(3) Any party or person to whom such notice to produce is issued shall be

given not less than seven days and not more than fifteen days to produce such

document or to answer to their inability to produce such document.

(4) The Court may draw an adverse inference against a party refusing to

produce such document after issuance of a notice to produce and where sufficient

reasons for such non-production are not given and order costs.

Electronic Records.— (l) In case of disclosures and inspection of Electronic

Records

(as defined in the Information Technology Act, 2000)

(21 of 2000), furnishing of printouts shall be sufficient compliance of the above

provisions.

(2) At the discretion of the parties or where required (when parties wish to

rely on audio or video content), copies of electronic records may be furnished in

electronic form either in addition to or in lieu of printouts.

(3) Where Electronic Records form part of documents disclosed, the

declaration on oath to be filed by a party shall specify—

(a)

parties to such Electronic Record;

(b)

manner in which such electronic record was produced and by

whom;

(c)

dates and time of preparation or storage or issuance or receipt

of each such electronic record;

(d)

source of such electronic record and date and time when the

electronic record was printed;

(e)

in case of email ids, details of ownership, custody and access

to such email ids;

(f)

in case of documents stored on a Computer or computer

resource (including on external servers or cloud), details of

ownership, custody and access to such data on the computer

or computer resource;

(g)

deponent’s knowledge of contents and correctness of

contents;

(h)

whether the computer or computer resource used for preparing

or receiving or storing such document or data was

functioning properly or in case of malfunction that such

malfunction did not affect the contents of the document

stored;

(i)

that the printout or copy furnished was taken from the original

computer or computer resource.

(4) The parties relying on printouts or copy in electronic form, of any

electronic records, will not be required to give inspection of electronic records,

provided a declaration is made by such party that each such copy, which has

been produced, has been made from the original Electronic Record.

(5) The Court may give directions for admissibility of Electronic

Records at any stage of the proceedings.

(6) Any party may seek directions from the Court and the Court may of

its motion issue directions for submission of further proof of any electronic

record including rnetadata or logs before admission of such electronic record.

(7) Certain provisions of the Code of Civil Procedure, 1908 not to

apply.—For avoidance of doubt, it is hereby clarified that Order XIII Rule 1,

Order VII Rule 14 and Order VIII Rule 1A the Code of Civil Procedure, 1908

(5 of 1908). shall not apply to suits or applications before the Commercial

Divisions of High Court or Commercial Courts.”.

5. Insertion of new Order XIII-A.—After Order XIII of the Code, the

following Order shall be inserted namely:—

“ORDER XIII-A

1. Scope of and classes of suits to which this Order applies:— (1) This

Order sets out the procedure by which Courts may decide a claim pertaining to

any Commercial Dispute without recording oral evidence.

(2) For the purposes of this Order, the word “claim” shall include-

(a)

part of a claim;

(b)

any particular question on which the claim (whether in whole

or in part) depends; or

(c)

a counter-claim, as the case may be.

(3) Notwithstanding anything to the contrary, an application for

summary judgment under this Order shall not be made in a suit in respect of

any Commercial Dispute that is originally filed as a summary suit under

Order XXXVII.

2. Stage for application for summary judgment.— An applicant may apply

for summary judgment at any time after summons has been served on the

defendant:

Provided that, no application for summary judgment may be made by

such applicant after the Court has framed the issues in respect of the suit.

3. Grounds for summary judgment.—The Court may give a summary

judgment against a plaintiff or defendant on a claim if it considers that—

(a)

the plaintiff has no real prospect of succeeding on the claim or

the defendant has no real prospect of successfully defending

the claim, as the case may be; and

G. 60/2015/DTP (2).

(b)

there is no other compelling reason why the claim should not

be disposed of before recording of oral evidence.

4. Procedure.—(1)

An application for summary judgment to a Court shall,

in addition to any other matters the applicant may deem relevant, include the

matters set forth in sub-rules (a) to (f) mentioned hereunder:

(a)

the application must contain a statement that it is an

application for summary judgment made under this Order;

(b)

the application must precisely disclose all material facts

and identify the point of law, if any;

(c)

in the event the app1icant seeks to rely upon any documentary

evidence, the applicant must,—

(i)

include such documentary evidence in its application, and

(ii) identify the relevant content of such documentary evidence

on which the applicant relies;

(d)

the application must state the reason why there are no real

prospects of succeeding on the claim or defending the claim,

as the case may be;

(e)

the application must state what relief the applicant is seeking

and briefly state the grounds for seeking such relief.

(2) Where a hearing for summary judgment is fixed, the respondent

must be given at least thirty days’ notice of:

(a)

the date fixed for the hearing; and

(b)

the claim that is proposed to be decided by the Court at such

hearing.

(3) The respondent may, within thirty days of the receipt of notice of

application of summary judgment or notice of hearing (whichever is earlier), file a

reply addressing the matters set forth in sub-rules (a) to (f) mentioned hereunder

in addition to any other matters that the respondent may deem relevant:

(a)

The reply must precisely—

(i)

disclose all material facts;

(ii)

identify the point of law, if any; and

(iii)

state the reasons why the relief sought by the applicant

should not be granted;

(b)

in the event the respondent seeks to rely upon any

documentary evidence in its reply, respondent must—

(i)

include such documentary evidence in its reply; and

(ii)

identify the relevant content of such documentary

evidence on which the respondent relies;

(c)

the reply must state the reason why there are real prospects

of succeeding on the claim or defending the claim, as the

case may be;

(d)

the reply must concisely state the issues that should be

framed for trial;

(e)

the reply must identify what further evidence will be

brought on record at trial that could not be brought on

record at the stage of summary judgment; and

(f)

the reply must state why, in light of the evidence or material

on record if any, the Court should not proceed to summary

judgment.

Evidence for hearing of summary judgment.—(1) Notwithstanding

anything in this Order, if the respondent in an application for summary

judgment wishes to rely on additional documentary evidence during the hearing,

the respondent must:

(a)

file such documentary evidence; and

(b)

serve copies of such documentary evidence on every other

party to the application at least fifteen days prior to the date

of the hearing.

(2)

Notwithstanding anything in this Order, if the applicant for

summary judgment wishes to rely on documentary evidence in reply to the

defendant’s documentary evidence, the applicant must:

(a) file such documentary evidence in reply; and

(b) serve a copy of such documentary evidence on the respondent

at least five days prior to the date of the hearing.

(3)

Notwithstanding anything to the contrary, sub-rules (1) and (2)

above shall not require documentary evidence to be:

(a) filed if such documentary evidence has already been filed; or

(b) served on a party on whom it has already been served.

6. Orders that may be made by the Court.—(1) On an application made

under this Order, the Court may make such orders that it may deem fit in its

discretion including the following:

(a) judgment on the claim;

(b) conditional order in accordance with Rule 7 mentioned

hereunder;

(d) dismissing part of the claim and a judgment on part of the

claim that is not dismissed;

(e) striking out the pleadings (whether in whole or in part); or

(f) further directions to proceed for case management under

Order XVA.

(2)

Where the Court makes any of the orders as set forth in sub-rule

(1) (a) to (f) above, the Court shall record its reasons for making such order.

7. Conditional Order.—(1) Where it appears to the Court that it is possible

that a claim or defence may succeed but it is improbable that it will do so, the

Court may make a conditional order as set forth in Rule 6(b) above.

(2)

Where the Court makes a conditional order, it may:

(a) make it subject to all or any of the following conditions:

(i)

require a party to deposit a sum of money in the Court;

(ii)

require a party to take a specified step in relation to the

claim or defence, as the case may be;

(iii)

require a party, as the case may be, to give such security

or provide such surety for restitution of costs as the Court deems fit and proper;

(iv)

impose such other conditions, including providing

security for restitution of losses that any party is likely to suffer during the

pendency of the suit, as the Court may deem fit in its discretion; and

(b) specify the consequences of the failure to comply with the

conditional order, including passing a judgment against the party that have not

complied with the conditional order.

8. Power to impose costs.—The Court may make an order for payment of

costs in an application for summary judgment in accordance with the provisions

of sections 35 and 35A of the Code.”.

6. Omission of Order XV.—Order XV of the Code shall be omitted.

7. Insertion of Order XV-A.—After Order XV of the Code, the following

Order shall be Inserted, namely:—

“ORDER XV-A

1. First Case Management Hearing.—The Court shall hold the first Case

Management Hearing, not later than four weeks from the date of filing of

affidavit of admission or denial of documents by all parties to the suit.

2. Orders to be passed in a Case Management Hearing.—In a Case

Management Hearing, after hearing the parties, and once it finds that there are

issues of fact and law which require to be tried, the Court may pass an order—

(a) framing the issues between the parties in accordance with Order XIV

of the Code of Civil Procedure, l908 (5 of 1908) after examining pleadings,

documents and documents produced before it, and on examination conducted by

the Court under Rule 2 of Order X, if required;

(b) listing witnesses to be examined by the parties;

(d) fixing the dates on which evidence of the witnesses of the parties to

be recorded;

(e) fixing the date by which written arguments are to be filed before the

Court by the parties;

(f) fixing the date on which oral arguments are to be heard by the Court;

and

(g) setting time limits for parties and/or their advocates to address oral

arguments.

3. Time limit for the completion of a trial.—In fixing dates or setting time

limits for the purposes of Rule 2 of this Order, the Court shall ensure that the

arguments are closed not later than six months from the date of the first case

management hearing.

4. Recording of oral evidence on a day-to-day basis.—The Court shall, as

far as possible, ensure that the recording of evidence shall be carried on, on a

day-to-day basis until the cross-examination of all the witnesses is complete.

5. Case Management Hearing during a trial.—The Court may, if necessary,

also hold Case Management Hearings anytime during the trial to issue

appropriate orders so as to ensure adherence by the parties to the dates fixed

under Rule 2 and facilitate speedy disposal of the suit.

6. Powers of the Court in a Case Management Hearing.—(1) In any Case

Management Hearing held under this Order, the Court shall have the power to-

(a)

prior to the framing of issues, hear and decide any pending

application filed by the parties under Order XIIIA;

(b)

direct parties to file compilations of documents or pleadings relevant

and necessary for framing issues;

(c)

extend or shorten the time for compliance with any•practice, direction

or Court order if it finds sufficient reason to do so;

(d) adjourn or bring forward a hearing if it finds sufficient reason to

do so;

(e) direct a party to attend the Court for the purposes of examination

under Rule 2 of Order X;

(f)

consolidate proceedings;

(g)

strike off the name of any witness or evidence that it deems irrelevant

to the issues framed;

(h)

direct a separate trial of any issue;

(i) decide the order in which issues are to be tried;

(j)

exclude an issue from consideration;

(k)

dismiss or give judgment on a claim after a decision on a preliminary

issue;

(1) direct that evidence be recorded by a Commission where necessary in

accordance with Order XXVI;

(m) reject any affidavit of evidence filed by the parties for

containing irrelevant, inadmissible or argumentative material;

(n)

strike off any parts of the affidavit of evidence filed by the parties

containing irrelevant, inadmissible or argumentative material;

(o)

delegate the recording of evidence to such authority appointed by

the Court for this purpose;

(p)

pass any order relating to the monitoring of recording the evidence by

a commission or any other authority;

(q)

order any party to file and exchange a costs budget;

(r)

issue directions or pass anyorder for the purpose of managing the case

and furthering the overriding objective of ensuring the efficient disposal of

the suit.

(2) When the Court passes an order in exercise of its powers under this

Order, it may—

(a)

make it subject to conditions, including a condition to pay a sum of

money into Court; and

(b)

specify the consequence of failure to comply with the order or a condition.

(3) While fixing the date for a Case Management Hearing, the Court may direct

that the parties also be present for such case management hearing, if it is of the view

that there is a possibility of settlement between the parties.

7. Adjournment of Case Management Hearing.— (1) The Court shall not adjourn

the Case Management Hearing for the sole reason that the advocate appearing on

behalf of a party is not present:

Provided that an adjournment of the hearing is sought in advance by moving an

application, the Court may adjourn the hearing to another date upon the payment of

such costs as the Court deems fit, by the party moving such application.

(2) Notwithstanding anything contained in this Rule, if the Court is satisfied that

there is a justified reason for the absence of the advocate, it may adjourn the hearing

to another date upon such terms and conditions it deems fit.

8. Consequences of noncompliance with orders.—Where any party fails to

comply with the order of the Court passed in a Case Management Hearing, the Court

shall have the power to—

(a) condone such non-compliance by payment of costs to the Court;

(b) foreclose the non-compliant party’s right to file affidavits, conduct cross

examination of witnesses, file written submissions, address oral arguments

or make further arguments in the trial, as the case may be, or

repeated and the imposition of costs is not adequate to ensure compliance.”.

8. Amendment of Order XVIII.—In Order XVIII of the Code, in Rule 2, for

sub-rules (3A), (3B), (3C), (3D), (3E) and (3F), the following shall be

substituted, namely:—

‘‘(3A) A party shall, within four weeks prior to commencing the oral arguments,

submit concisely and under distinct headings written arguments in support of his

case to the Court and such written arguments shall form part of the record.

(3B) The written arguments shall clearly indicate the provisions of the laws being

cited in support of the arguments and the citations of judgments being relied upon by

the party and include copies of such judgments being relied upon by the party.

(3C) A copy of such written arguments shall be furnished simultaneously to the

opposite party.

(3D) The Court may, if it deems fit, after the conclusion of arguments, permit the

parties to file revised written arguments within a period of not more than one week

after the date of conclusion of arguments.

(3E) No adjournment shall be granted for the purpose of filing the written

arguments unless the Court, for reasons to be recorded in writing, considers it

necessary to grant such adjournment.

(3F) It will be open for the Court to limit the time for oral submissions having

regard to the nature and complexity of the matter.”.

9. Amendment of Order XVIII.— In Order XVIII of the Code,in Rule 4, after

sub-rule (1), the following sub-rules shall be inserted, namely:—

(1A) The affidavits of evidence of all witnesses whose evidence is proposed to

be led by a party shall be filed simultaneously by that party at the time directed in the

first case management hearing.

(1B) A party shall not lead additional evidence by the affidavit of any witness

(including of a witness who has already filed an affidavit) unless sufficient cause is

made out in an application for that purpose and an order, giving reasons, permitting

such additional affidavit is passed by the Court.

(1C) A party shall however have the right to withdraw any of the affidavits so

filed at any time prior to commencement of cross examination of that witness, without

any adverse inference being drawn based on such withdrawal:

Provided that any other party will be entitled to tender as evidence and rely upon

any admission made in such withdrawn affidavit.”.

10. Amendment to Order XIX.— In Order XIX of the Code, after Rule 3, the

following Rules shall be inserted, namely:—

“4. Court may control evidence.— (1) The Court may, by directions, regulate

the evidence as to issues on which it requires evidence and the manner in which such

evidence may be placed before the Court.

(2) The Court may, in its discretion and for reasons to be recorded in writing,

exclude evidence that would otherwise be produced by the parties.”.

Redacting or rejecting evidence.— A Court may, in its discretion, for

reasons to be recorded in writing—

(i)

redact or order the redaction of such portions of the affidavit of

examination-in-chief as do not, in its view, constitute evidence.

(ii) return or reject an affidavit of examination-in-chief as no

constituting admissible evidence.

Format and guidelines of affidavit of evidence.— An affidavit

must comply with the form and requirements set forth below :

G. 60/2015/DTP (2).

(a) such affidavit should be confined to, and should follow the

chronological sequence of, the dates and events that are relevant

for proving any fact or any other matter dealt with;

(b) where the Court is of the view that an affidavit is a mere

reproduction of the pleadings, or contains the legal grounds of any

party’s case, the Court may, by order, strike out the affidavit or

such parts of the affidavit, as it deems fit and proper;

confined to a distinct portion of the subject;

(d) an affidavit shall state-

(i)

which of the statements in it are made from the deponent’s

own knowledge and which are matters of information or

belief; and

(ii)

the source for any matters of information or belief.

(e) an affidavit should-

(i)

have the pages numbered consecutively as a separate

document (or as one of several documents contained in a file);

(ii)

be divided into numbered paragraphs;

(iii)

have all numbers, including dates, expressed in figures; and

(iv)

if any of the documents referred to in the body of the

affidavit are annexed to the affidavit or any other pleadings,

give the annexures and page numbers of such documents that

are relied upon.”.

11.

Amedment of Order XX.— In Order XX of the Code, for Rule 1, the following

Rule shall be substituted, namely:—

“(1) The Commercial Court, Commercial Division, or Commercial Appellate

Division, as the case may be, shall, within ninety days of the conclusion of arguments,

pronounce judgment and copies thereof shall be issued to all the parties to the

dispute through electronic mail or otherwise.”.

APPENDIX

STATEMENT OF TRUTH

(Under First Schedule, Order VI- Rule 15A and Order X- Rule I)

STATEMENT OF TRUTH BY [party position and name of party in full] I, the deponent

above-named, do hereby solemnly affirm and declare as under:

1. I am [name of party and relevant details] in the above suit and

competent to swear this affidavit.

2. I am sufficiently conversant with the facts of the case and have also

examined all relevant documents and records in relation thereto.

3. I say that the statements made in [mention specific paragraph numbers]

paragraphs are true to my knowledge and statements made in [mention

specific paragraph numbers] paragraphs are based on information

received which I believe to be correct and statements made in [mention

specific paragraph numbers] are based on legal advice.

4. 1 say that there is no false statement or concealment of any material fact,

document or record and I have included information that is according to me,

relevant for the present suit.

5. 1 say that that all documents in my power, possession, control or

custody, pertaining to the facts and circumstances of the proceedings

initiated by me have been disclosed and copies thereof annexed with the

plaint, and that I do not have any other documents in my power,

possession, control or custody.

6. I say that the above-mentioned pleading comprises of a total of [number of

pages] pages, each of which has been signed by me.

7. 1 state that the Annexures hereto are true copies of the documents referred

to and relied upon by me.

8. 1 say that I am aware that for any false statement or concealment, I shall

be liable for action taken against me under the law.

Place:

Date:

VERIFICATION

The statements made above are true to my knowledge.

Verified at [place] on this [date]

DEPONENT

PRANAB MUKHERJEE,

President.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.