The Delhi High Court in the case Amit Sahni v. GNCTD, has been told by the administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that for the same, the requisite infrastructure is made available.
While taking the statement on record, the bench comprising of J Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed and disposed of a Public Interest Litigation filled by Advocate Amit Sahni, seeking establishment of 42 Commercial Courts in the city, as notified by the Delhi government last year, to ensure speedy redressal of commercial cases.
The Court added that on the basis of the aforesaid statement, the writ petition is disposed of, pending applications, if any, stands disposed of.
Consequently, the liberty is granted to the petitioner by the court to approach the court in case if any needs arise to petitioner in future.
At present, according to the affidavit filled by the Registrar General of Delhi High Court, at present, 64 posts of District Judge (Commercial Court) were sanctioned in Delhi Higher Judicial Service and against these 64 posts, only 22 Courts of District Judge (Commercial Courts) were functional.
However, The Affidavit stated that at present, there is a shortage of courtrooms in the court complexes in Delhi to start 42 additional commercial courts, immediately. The remaining 96 under construction court rooms are handed over and the process of establishing 42 new commercial courts may be initiated.
It was observed that the Delhi government was directed to file its counter affidavit within 3 weeks, specifically disclosing the status with regard to creation of infrastructure for setting up 42 Commercial courts. Therefore, it was also directed to Registrar General to disclose the position with regard to availability of courtrooms and judicial officers.
In the present case, the plea averred that efficiency of Legal System and the time taken to resolve the commercial disputes is an extremely important factor in deciding the growth of investment and overall social development and economic of the nation. Further, it was added that the Cabinet had approved the creation of 42 additional dedicated Commercial Courts for the capital and for appointments of ancillary staff.
The plea states that as against the world best practice towards timeline for disposal of commercial disputes of 164 days and Delhi takes 747 days in deciding a commercial dispute.
The plea urged that it is essential to appoint 42 dedicated Commercial Courts as notified by the Government of Delhi on April 13, 2021, in furtherance of cabinets approval dated March 22, 2021.