To read the article on Mondaq, click here. IV. DEFENCE TO A CIVIL SUIT The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint. The Order VI Rule 1 of the CPC 1 stipulates that pleading shall mean Plaint or Written Statement. The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement. The Commercial Court Act has added by way of amendment Rule

To read the article on Mondaq, click here. III. Order XIII-A: SUMMARY JUDGMENT Introduction A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value. 1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court. So far the remedy of summary procedure was available under Order XXXVII most commonly known as ‘Suits for Recovery’ where the lis involved recovery of amount due on a

To read the article on Mondaq, click here. II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial Court The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways. This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion

To read the article on Mondaq, click here. I. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015 The Commercial Courts Act, 2015 (“Act of 2015”) is an improvement over the Code of Civil Procedure, 1908 (“Act of 1908”) in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act. Commercial suits are those where cause of action is arising

To read the article on Mondaq, click here. In the recent case of Tomorrow Sales Agency Pvt Ltd vs. SBS Holdings, Inc. & Ors. 1 , the Hon’ble High Court of Delhi, while dealing with the issue of holding a third party liable under an arbitration agreement, appreciated the vital role played by third-party funders in ensuring access to justice. It was observed that the absence of third-party funding would restrain impecunious parties from pursuing claims for amounts which may legitimately be due. In making such observations, the Hon’ble Court re-invoked an essential topic in relation to the importance of

To read the article on the IBA Website, click here. Climate change is undermining hard-earned development gains, trapping the poorest and most vulnerable in poverty, increasing malnutrition and exacerbating inequality.[1] The Covid-19 pandemic and economic crisis have been devastating, and as we support countries to respond to the ongoing crisis and build back, there is an urgent need to integrate climate and development strategies to deliver green, resilient, and inclusive development.[2] In September 2023, India hosted 19 countries and the European Union for the G20 Summit, held in the national capital of Delhi. In light of its increasing environmental conscience,