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Noting that there is certainly an improvement in the matter of establishment of commercial courts and steps are being taken up to fill up of the remaining posts of district judges and commercial courts, the high court held that no further orders were required to be passed by it in the present PIL
The Delhi High Court has directed its administration to ensure that all the commercial courts are made fully functional as and when the infrastructure is available and officers are available to be appointed to the post of district judge in commercial courts.
The court was hearing a Public Interest Litigation (PIL) filed by Advocate Amit Sahni, seeking directions for setting up 42 more commercial courts, as notified by the Delhi Government on April 13, 2021, to ensure speedy redressal of commercial cases in Delhi.
A division bench of Justice Satish Chandra Sharma and Justice Sanjeev Narula was informed that there are now 46 commercial courts which are functioning in Delhi at present.
In a detailed affidavit filed on behalf of the High Court of Delhi in the matter, it was stated that out of 64 posts of district judge, commercial courts sanctioned as of March 27, 2023, there are 35 posts that have been filled, meaning there are 35 commercial courts which were functioning in Delhi at the time of filing of the affidavit.
The counsel submitted that steps are being taken to ensure that all the 64 sanctioned posts of district judges, commercial courts, are filled at the earliest and the process for filling up the vacant posts is ongoing.
"There is certainly an improvement in the matter of establishment of Commercial Courts and steps are being taken up to fill up of the remaining posts of District Judges, Commercial Courts, and therefore no further orders are required to be passed by this Court in the present PIL", the court noted.
"With the aforesaid, the PIL stands disposed of. However, it is made clear that the High Court shall ensure that all the Commercial Courts are made fully functional as and when the infrastructure is available and Officers are available to be appointed to the post of District Judge, Commercial Courts", the court ordered.
Earlier, the court had directed the Registry of the High Court to file its response within four weeks, citing the reasons for not establishing commercial courts as per the previous order.
Notably, on July 5, 2022, the same bench had directed the Registrar General of the High Court, the Delhi government, and others to set up 42 commercial courts within six months for the speedy redressal of commercial cases.
While passing directions, the court had taken note of the administrative side's submissions that a lack of courtrooms is impeding the establishment of additional commercial courts, which will be established once the infrastructure is completed.
The bench had also taken note of the Delhi Government's submission, which stated that the Chief Secretary, Government of NCT of Delhi, had requested during the June 7th meeting that the PWD strictly adhere to the timelines for construction of prefabricated courtrooms and hand over the same formally within the prescribed timelines. Court had granted liberty to petitioner Amit Sahni to re-approach the High Court if the order did not get complied with within the stipulated time frame.
According to Sahni, the efficiency of the legal system and the time it takes to resolve commercial disputes are extremely important factors in determining the growth of investment and the overall economic and social development of the nation.
He further added that the delay in the administration of justice has been noted by the High Courts and the Supreme Court from time to time and that directions have been issued to fill the pending vacancies in various courts across the country.
According to the plea, there are currently 22 commercial courts operating in Delhi, but the additional 42 courts, which were approved by the Government of National Capital Territory (NCT) Delhi on March 22, 2021, and subsequently notified on April 13, 2021, are yet to be appointed.
The plea also stated that despite the Government of NCT Delhi's notification of 42 additional commercial courts, the said posts have not been created by the High Court of Delhi through its Registrar General.
As per the data on the official website of the District Courts of Delhi, the courts in Delhi are overburdened. "There are 26959 cases pending in 22 commercial courts operating in Delhi District Courts until February 2022, so it is critical to appoint 42 dedicated Commercial Courts", the plea stated.
To speed up the justice delivery system, the Government passed the Commercial Courts, Commercial Division, and Commercial Appellate Division of High Courts Act, 2015, which provides for a separate set of commercial courts to be set up by the State Governments in the District level to try suits and claims pertaining to commercial disputes, the plea further stated.
Case Title: Amit Sahni v. High Court of Delhi & Ors.
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