Commercial Courts Act, 2015 – (Practice Directions Issued by High Court of Kerala)

Act No. 4 of 2016

(Publised in Kerala Gazette No.46 dt.14.11.2023 : Notn. No.DI-I/22133/2015 dt. 7.11.2023) THE HIGH COURT OF KERALA Notification No. DI-1/22133/2015 7th November 2023. In exercise of the powers conferred by Section 18 of the Commercial Courts Act, 2015 (Act No.4 of 2016), the High Court of Kerala hereby issues the following practice directions to supplement the provisions of Chapter II of the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908 in so far as such provisions apply to the hearing of commercial disputes of a Specified Value.

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S.1

These Practice Directions shall apply to all suits/appeals/proceedings in relation to commercial dispute, as defined under Section 2(c) of the Commercial Courts Act, 2015.

S.2

These directions are supplemental to the provisions of Code of Civil Procedure, 1908 as amended in the manner specified in the Schedule of the Commercial Courts Act, 2015, in their application to any suit/appeal/proceedings in respect of a commercial dispute of a Specified Value.

S.3

In these Practice Directions, unless the context otherwise requires:

• (a) “Act” means the Commercial Courts Act, 2015 (Act No. 4 of 2016);
• (b) “Arbitration Act” means the Arbitration and Conciliation Act, 1996 (Act No. 26 of 1996)
• (c) “Code” means the Code of Civil Procedure, 1908 (Act No. 5 of 1908).

S.4

The nomenclature of the proceedings filed under the Act shall be as follows:

• (i) ’C.S.’ - Commercial Suit
• (ii) ‘C.A.’ - Commercial Appeal
  • (Appeals filed under Section 13 of the Act)
• (iii) ‘O.P.(Arb)’ - O.P. (Arbitration)
  • (All original petitions filed under Arbitration and Conciliation Act, 1996, other than Civil Miscellaneous Applications filed under Sections 9 & 17 of the Arbitration Act)
• (iv) ‘M.A.(Arb)’- Miscellaneous Application (Arbitration)
  • (Applications filed under Section 9 and 17 of the Arbitration Act)
• (v) C.M.A. (Arb) - Civil Miscellaneous Appeal (Arbitration)
  • (All appeals under the Arbitration Act)
• (vi) E.P.(Com) - Execution Petition (Commercial)
  • [All execution petitions filed under Order XXI of the Code for execution of decrees and orders passed by the Commercia
    

S.5

The parties to the proceedings shall provide their respective e-mail address, if available, along with the plaint/written statement.

S.6

Documents shall be filed only with a list of documents. No document shall be filed as annexures to any pleadings.

S.7

The list of documents to be filed along with the plaint or written statement, as the case may be, shall strictly be in accordance with Order XI of the Code.

S.8

The plaintiff or the defendant shall serve a list of the copy of the documents filed in Court to the opposite party.

S.9

A list of dates/brief synopsis shall be filed along with the plaint or written statement.

S.10

The court shall, inter-alia, pass orders as it may think fit to conduct Case Management Hearing under Order XV-A of the Code for the speedy disposal of the suit or narrowing the controversy between the parties.

S.11

Parties to the suit shall within four weeks prior to the commencing of the oral arguments, submit concisely and under distinct headings, written arguments in support of his case to the Court under Order XVIII of the Code with a copy to be furnished simultaneously to the opposite party.

S.12

The Court while exercising powers under sub-rule (6) of Order XV-A of the Code shall appoint an Advocate Commissioner for recording the evidence in the case. The Court while appointing an Advocate Commissioner shall strictly follow the guidelines prescribed in Circular No. 2/2016 dated 5-4-2016 issued by the High Court of Kerala.

S.13

The Court shall also strictly monitor the recording of evidence which has been delegated to an authority appointed by the Court.

S.14

The plaintiff filing a suit shall serve an advance copy of the plaint to the opposite party, if the opposite party is represented by a Government Pleader or a Standing Counsel/Empaneled Counsel who may have been nominated. The plaintiff shall then intimate the Court the service of plaint to the opposite party.

S.15

The provisions of the Civil Rules of Practice, Kerala which are not inconsistent with these Practice Directions, shall apply to the proceedings before the Courts in matters which are not covered by the Act and the Code.

S.16

The Electronic Filing Rules for Courts (Kerala), 2021 shall be applicable to the suits/appeals/proceedings filed under the Act.

S.17

The Courts shall as far as possible make use of the facilities as mandated under the Electronic Video Linkage Rules for Courts (Kerala), 2021.

S.18

The Central Government has issued the Commercial Courts [Pre-Institution and Settlement] Rules, 2018 for the conduct of pre-institution mediation. For the conduct of the Mediation and Settlement, the “Guidelines for Pre-Institution Mediation in Commercial Courts” issued by the Kerala State Legal Services Authority shall be applicable.

S.19

The provisions of Part II Execution and Order XXI of the Code shall apply to the execution of the judgment or decree or orders under the Act.

S.20

The statistical data regarding the number of suits, appeals or applications filed under the Act before the relevant Courts 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 of the respective Commercial Courts and shall be published in the website of the High Court of Kerala.

S.21

The summons for settlement of issues shall be as per form mentioned below. Every summons may be issued electronically or otherwise.