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  • Govt. to CJI: A need for quick disposal of commercial disputes

    March 24, 2017

    The Central Govt. has written to Chief Justice of India, J S Khehar urging quick and speedy adjudication of commercial disputes, necessary to improve India's global standing in ease of doing business.
     
    In a letter to the CJI, law minister Ravi Shankar Prasad specified that the apex court could give important direction to lower courts and prohibit unnecessary adjournments other than directing them to serve summons electronically.
     
    "The Supreme Court can provide the appropriate leadership for proper implementation of the existing provisions of the Code of Civil Procedure relating to grant of adjournment, adherence to timelines and electronic filing and electronic service of summons in 71 city courts -11 in Delhi and 60 in Mumbai instantly," the letter said.
     
    Prasad said doing as such would help timely and successful enforcement of contracts and guarantee change in India's ranking in ease of doing business index.
     
    Referring to the World Bank's annual 'Doing Business' report, Prasad said India's ranking had enhanced from 178 in 2016 to 172 in 2017 relating to `enforcing contract' indicator.
     
    The indicator measures the time and cost for settling a standardised commercial dispute through a local court where the case comes up for the first time.
     
    "The ranking on this indicator is reliant on the quality of legal process index, assessing whether each economy has adopted a series of good practices that promote quality and efficiency in the court
     

    OUR TAKE

    Indian courts today are burdened up with cases, most of which are pending since long periods of time. It is thereby more important to have a speedy and fast-track judicial system, which could tackle such high numbers. Given that commercial disputes are the most common cases among them, they need to be given priority. Hence, justice when delayed should not result into justice denied.


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