CCA-Commercial Courts Act Case Laws (High Court &Supreme Court)

Applicability of section 36(2) of Arbitration and Conciliation Act, 1996 to Execution Proceeding initiated under section 36(1) and power of Executing as well as Appellate Court to stay the Execution Proceeding during pendency of an Appeal preferred under Section 37 – Birla Institute of Management & Technology (BIMTECH), Gothapatna, Bhubaneswar Vs. Fiberfill Interiors & Constructions, U.P. – Orissa High Court

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Applicability of section 36(2) of Arbitration and Conciliation Act, 1996 to Execution Proceeding initiated under section 36(1) and power of Executing as well as Appellate Court to stay the Execution Proceeding during pendency of an Appeal preferred under Section 37 – Birla Institute of Management & Technology (BIMTECH), Gothapatna, Bhubaneswar Vs. Fiberfill Interiors & Constructions, U.P. – Orissa High Court Read Post »

Only when a pending suit relating to a commercial dispute is transferred to the Commercial Division, the provisions of Commercial Courts Act, 2015 will apply and till such time, the mandatory time period of 120 days for filing written statement would not apply – Dish TV India Ltd. Vs. Gulf DTH FZ LLC and Ors. – Delhi High Court

Hon’ble Delhi High Court held that:

(i) Only when a pending suit relating to a ‘commercial dispute’ is transferred to the Commercial Division, the provisions of Commercial Courts Act will apply and till such time, the mandatory time period of 120 days for filing written statement would not apply.
(ii) Till the time the present suit was converted into a commercial suit, it continued to be an ordinary civil suit.
(iii) Once, the suit pertaining to a ‘commercial dispute’ has not been filed as a commercial suit before the commercial division, the said suit cannot automatically be treated as a commercial suit unless a competent court declares the same to be a commercial suit and directs conversion of the suit into a commercial suit.
(iv) The provisions of the Commercial Courts Act, including the time period for filing of the written statement, would apply from the date on which the suit was converted to a commercial suit.
(v) The present suit would qualify as a pending suit and in terms of Section 15 of the Commercial Courts Act, was required to be transferred to the Commercial Division of this Court.

Only when a pending suit relating to a commercial dispute is transferred to the Commercial Division, the provisions of Commercial Courts Act, 2015 will apply and till such time, the mandatory time period of 120 days for filing written statement would not apply – Dish TV India Ltd. Vs. Gulf DTH FZ LLC and Ors. – Delhi High Court Read Post »

Can professional fees recovery dispute between a Lawyer/Advocate and his client be held to be a ‘commercial dispute’ under Section 2(1)(c)(xviii) of the Commercial Courts Act, 2015? – Atmastco Ltd. Vs. Mandeep Kalra – Delhi High Court

Hon’ble Delhi High Court held that:

(i) The dispute between a lawyer and his client where the former is seeking recovery of professional fees, cannot be held to be a ‘commercial dispute’. Lawyers are not ‘tradesmen’ or ‘businessmen’. Lawyers and advocates are supposed to be professional legal experts and major stakeholders in the “adversarial justice delivery system” who render legal advice & services to their clients but have larger duties as officers of the Court whenever they are engaged for providing legal representation to their clients in the Courts of law.

(ii) The agreement between an advocate and his/her client envisaging provisions of legal advice and services cannot be in the nature of a ‘commercial dispute’ since such agreement cannot even be specifically enforced. The Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other profession.

Can professional fees recovery dispute between a Lawyer/Advocate and his client be held to be a ‘commercial dispute’ under Section 2(1)(c)(xviii) of the Commercial Courts Act, 2015? – Atmastco Ltd. Vs. Mandeep Kalra – Delhi High Court Read Post »

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