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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.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.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.


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.


Legal Comments

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.


Legal Comments on Section 12

  • "Void restrictions" - Conditions that restrain alienation or make interest determinable upon insolvency are void under Section 12, promoting free transferability. [Transfer of Property Act, 1882, Section 12]
  • "Exceptions for leases" - Lease restrictions not exceeding one year or beneficial restrictions to lessors are generally valid, allowing short-term or beneficial restrictions. [Transfer of Property Act, 1882, Section 12]
  • "Restrictions against alienation" - Restraining a transferee from alienating the property is void unless it falls within statutory exceptions. [Transfer of Property Act, 1882, Section 12]
  • "Contingent interests" - Conditions making interest determinable upon insolvency or attempted alienation are void, preserving the alienability of property. [Transfer of Property Act, 1882, Section 12]
  • "Legal effect of void conditions" - Conditions declared void under Section 12 do not affect the validity of the transfer itself; the transfer remains valid without the void restrictions. [Transfer of Property Act, 1882, Section 12]
  • "Restrictions beneficial to lessor" - Restrictions that benefit the transferor, such as prohibitions on alienation, are generally valid if they do not contravene Section 12. [Transfer of Property Act, 1882, Section 12]
  • "Insolvency and alienation" - Conditions making the interest determinable on insolvency are void, preventing restrictions that hinder creditors' rights. [Transfer of Property Act, 1882, Section 12]
  • "Legal consequences of violations" - Restrictions void under Section 12 are unenforceable; courts will not uphold conditions that violate this section. [Transfer of Property Act, 1882, Section 12]
  • "Scope of restrictions" - The section limits restrictions that restrain alienation or make interests dependent on events like insolvency, fostering free transfer of property. [Transfer of Property Act, 1882, Section 12]
  • "Case law interpretations" - Courts have consistently held that restrictions void under Section 12 are not enforceable, and transfers are valid without such restrictions. [Supreme Court and High Court jurisprudence]
  • "Implication for conveyances" - Conveyances with restrictions contrary to Section 12 are liable to be declared void or ineffective, emphasizing the importance of compliance. [Transfer of Property Act, 1882, Section 12]
  • "Restrictions and good faith" - Restrictions that are not contrary to law and are for the benefit of the transferor may be upheld if they do not violate Section 12. [Transfer of Property Act, 1882, Section 12]
  • "Limitations on attaching restrictions" - The law restricts attaching restrictions that hinder the alienation of property, ensuring free transferability for economic and social reasons. [Transfer of Property Act, 1882, Section 12]
  • "Legal validity of conditions" - Conditions that do not contravene the provisions of Section 12 are valid and enforceable; others are void ab initio. [Transfer of Property Act, 1882, Section 12]
  • "Impact on mortgage and sale" - Restrictions that make the interest in property determinable upon insolvency or attempted alienation are invalid, affecting mortgage and sale transactions. [Transfer of Property Act, 1882, Section 12]
  • "Relevance in legal disputes" - Section 12 is frequently invoked in disputes over restrictions in transfer deeds, leases, and mortgages to declare restrictions void. [Supreme Court and High Court case law]
  • "Section 12(2) of U.P. Sales Tax Act, 1948 is mandatory" - Account books can be rejected merely for breach of Section 12(2) because the purpose is to provide corroborative evidence of the accounts maintained under Section 12(1). [2025 SCC OnLine UP 13739]
  • "No presumption from non-maintenance of stock register" - There is no presumption that arises from the non-maintenance of the stock register required by Section 12(2); accounts are rejected for want of necessary corroboration. [2025 SCC OnLine UP 13739]
  • "Penalty under Section 12(3)(c) beyond jurisdiction" - The levy of penalty under Section 12(3)(c) of the Tamil Nadu General Sales Tax Act is possible only when the assessment is made under Section 12(2) of the Act; otherwise, it is beyond jurisdiction. [2025 SCC OnLine Mad 103958]
  • "Distinction between Sections 12(2) and 12(4)" - The court highlighted the distinction between Sections 12(2) and 12(4) of the Tamil Nadu General Sales Tax Act, influencing the applicability of penalty under Section 12(5)(iii). [2025 SCC OnLine Mad 44861]
  • "Assessment under Section 12(8) of Orissa Sales Tax Act is maintainable" - Assessment under Section 12(8) is maintainable even if no notice had been issued or no assessment had been made under Section 12(5). [2025 SCC OnLine Orissa 16559]
  • "Section 12(7) applies to revision under Rule 54" - Section 12(7) of the Orissa Sales Tax Act, which provides a 36-month limitation period for reassessment, applies to revisions under Rule 54 of the Orissa Sales Tax Rules, 1947. [2025 SCC OnLine Orissa 2573]
  • "Time-barred arrears not recoverable under Section 12(4)" - Time-barred arrears of rent, i.e., arrears barred by limitation on the date of filing the suit, cannot be recovered under Section 12(4) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966. [2025 SCC OnLine J&K 19348]
  • "Appellate court powers under Section 12(5)" - The appellate court, under Section 12(5), had the same powers as the trial court to order the deposit of rent and impose consequences for non-compliance, subject to the findings and judgment of the trial court. [2025 SCC OnLine J&K 19348]
  • "Application under Section 12(1) maintainable in appeals against orders under Section 12(3)" - The Kerala High Court overruled previous decisions, affirming that an application under Section 12(1) is maintainable in appeals against orders under Section 12(3). [2025 SCC OnLine Kerala 55286]
  • "Subsequent purchasers cannot move application under Section 12-A" - The subsequent purchasers cannot move an application under Section 12-A of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, for excluding land from being declared surplus. [2025 SCC OnLine UP 113674]
  • "Settlements under Section 18(1) supersede earlier settlement under Section 12(3)" - The court held that subsequent settlements under Section 18(1) of the Industrial Disputes Act had replaced the earlier settlement under Section 12(3), rendering claim petitions for variable DA after expiry legally not maintainable. [2025 SCC OnLine SC 107796]
  • "Court's authority to direct adjudication of industrial disputes" - The court directed the first respondent to consider the petitioner's demand for adjudication before the Industrial Tribunal and instructed the Tribunal to pass an award within six months. [2025 SCC OnLine SC 116945]
  • "Tenant's denial of landlord's title required for eviction under Section 12(1)(c)" - The tenant's denial of landlord's title or disclaimer of tenancy is required for eviction under Section 12(1)(c) of the Madhya Pradesh Accommodation Control Act, 1961. [2025 SCC OnLine MP 1378]
  • "Evidence of dilapidated condition justifies eviction under Section 12(1)(g)" - The Court affirmed the eviction under Section 12(1)(g) based on evidence of dilapidated condition and need for repairs. [2025 SCC OnLine MP 1378]
  • "Sub-letting and denial of landlord's title constitute valid grounds for eviction" - The court held that sub-letting and denial of landlord's title by the tenant constituted valid grounds for eviction under Section 12(1)(b) and (c) of the Chhattisgarh Accommodation Control Act, 1961. [2025 SCC OnLine CG 100699]
  • "Section 12(10) time limit controlled by Section 12(4)" - The time limit prescribed under Section 12(10) of the West Bengal Panchayat Act, 1973 is controlled by the operation of Section 12(4), and gets extended for reasons beyond the control of the prescribed authority. [2025 SCC OnLine WB 47955]
  • "Meeting adjourned for reasons beyond control under Section 12(4)" - The court was satisfied that the meeting for removal of the Pradhan was adjourned for "reasons beyond control" within meaning of Section 12(4) of the West Bengal Panchayat Act, 1973. [2025 SCC OnLine WB 47698]
  • "Default of Section 12(1) of A.P. Agricultural Markets Act attracts penalty under Section 23" - Default of Section 12(1) of the A.P. Agricultural (Produce and Livestock) Markets Act, 1966 attracts penal provision of Section 23 of the Act. [2025 SCC OnLine AP 23033]
  • "Non-payment of market fees assessed under Section 12-B(5) is punishable" - Non-payment of market fees re-assessed under Section 12-B(5) is punishable under Section 23 of the A.P. Agricultural Markets Act, as it ultimately results in levy of fee under Section 12(1). [2025 SCC OnLine AP 23033]
  • "Section 12 of Prevention of Corruption Act requires demand for illegal gratification" - The court emphasized the requirement of demand for illegal gratification to constitute the offence of abetment under Section 12 of the Prevention of Corruption Act, 1988. [2025 SCC OnLine SC 101440]
  • "Court competent to try offence under Section 12 PC Act is where abetment took place" - The Court held that the Court competent to enquire and try the offence under Section 12 of the PC Act would be the Court where the offence of abetment took place, i.e., the competent Court at Mumbai. [2025 SCC OnLine SC 115679]
  • "Penalty under Section 12(3)(a) for not filing returns" - The penalty imposed under Section 12(3)(a) of the Tamil Nadu General Sales Tax Act, 1959 for not filing returns was contested, and the court analyzed the assessment method and nature of turnover estimation. [2025 SCC OnLine Mad 103958]
  • "Best judgment assessment under Section 12(2) permissible" - The court held that best judgment assessment was permissible under Section 12 of the Rajasthan Sales Tax Act, 1954 even prior to the insertion of an explanation to Sub-section (1) of Section 12. [2025 SCC OnLine Rajasthan 8072]

S.6

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


Legal Comments on Section 6

Hindu Succession Act, 1956 (as amended in 2005)

Land Acquisition Act, 1894

Essential Commodities Act, 1955

Specific Relief Act, 1963

Protection of Children from Sexual Offences (POCSO) Act, 2012

  • Conviction under Section 6 - The court relied on the evidence of the prosecutrix, the school records proving her age, and her medical examination to establish the commission of offences punishable under Section 6 of the POCSO Act. [Kazeem @ Bunty VS State - 2016 0 Supreme(Del) 3028]
  • Punishment - Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years.

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