Lok Sabha Question No. 1356 (UNSTARRED), answered on 2018-07-25
Subject: Pending Commercial Disputes
Ministry: LAW AND JUSTICE
Asked by: NALIN KUMAR KATEEL, DODDAALAHALLI KEMPEGOWDA SURESH, B.N. CHANDRAPPA

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS ****

## LOK SABHA

UNSTARRED QUESTION NO. 1356 TO BE ANSWERED ON WEDNESDAY, THE 25 th  JULY, 2018

## PENDING COMMERCIAL DISPUTES

1356. SHRI NALIN KUMAR KATEEL: SHRI D.K. SURESH: SHRI B.N. CHANDRAPPA:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Government  is  aware  that  the  commercial  disputes  are not disposed off in a time bound manner resulting in negative impact on Ease of Doing Business and if so, the details thereof;
- (b) the  total  number  of  commercial  disputes  pending  in  the  country  in various courts, the details for the last three years, year wise; and
- (c) whether  the  Government  has  taken  any  measures  to  ensure  that commercial  disputes  are  disposed  off  in  a  time  bound  manner  to promote Ease of Doing Business and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE &CORPORATE AFFAIRS (SHRI P. P. CHAUDHURY)

(a)  &  (c): In order to facilitate speedy disposal of commercial disputes of specified value of Rupees one core and above, the Government had enacted the  Commercial  Courts,  Commercial  Division  and  Commercial  Appellate Division of High Courts Act, 2015. By the said Act, certain amendments have been made in the Code of Civil Procedure, 1908 with a view to fast track and reduce delays in disposal of commercial cases. Furthermore, the Government  endeavors  to  provide  for  speedy  resolution  of  commercial disputes of reasonable value which will further improve India's Rank in the World  Bank  Report  on  Doing  Business.  In  this  regard,  a  Bill  replacing theCommercialCourts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 promulgated on 3 rd May, 2018, has been introduced in the Lok Sabha on 23 rd  July, 2018. As per the Ordinance, the specified value of a commercial dispute has been reduced to Rupees three lakhs from the present one crore and a mechanism for PreInstitution Mediation and Settlement has also been provided as a measure to encourage Alternative Dispute Resolution process for settlement of

commercial disputes. (b) The  details  of  the  commercial  disputes  pending  in  the  country,  as collected from various High courts for the last three years are at Annexure .

## ANNEXURE

## DETAILS OF THE COMMERCIAL DISPUTES PENDING IN THE COUNTRY FOR THE LAST THREE YEARS

| S. No.   | Name of the State              | Total number of pending Commercial disputes during each of the last three years                                                                                             | Total number of pending Commercial disputes during each of the last three years                                                                                             | Total number of pending Commercial disputes during each of the last three years                                                                                             |
|----------|--------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|          |                                | 2015                                                                                                                                                                        | 2016                                                                                                                                                                        | 2017                                                                                                                                                                        |
| 1.       | Jharkhand                      | 3                                                                                                                                                                           | 16                                                                                                                                                                          | 69                                                                                                                                                                          |
| 2.       | Assam                          | 15 (as on 31.12.2016)                                                                                                                                                       | 11 (as on 31.12.2017)                                                                                                                                                       | 10 (as on 28.02.2018)                                                                                                                                                       |
| 3.       | Sikkim                         | 0                                                                                                                                                                           | 0                                                                                                                                                                           | 2                                                                                                                                                                           |
| 4.       | Karnataka                      | 104                                                                                                                                                                         | 108                                                                                                                                                                         | 408                                                                                                                                                                         |
| 5.       | Gujarat                        | 922 (as on 31.12.2016)                                                                                                                                                      | 1118 (as on 31.12.2017)                                                                                                                                                     | 1130 (as on 28.02.2018)                                                                                                                                                     |
| 6.       | Tripura                        | 30                                                                                                                                                                          | 30                                                                                                                                                                          | 30                                                                                                                                                                          |
| 7        | Bihar                          | --                                                                                                                                                                          | 0                                                                                                                                                                           | 4                                                                                                                                                                           |
| 8.       | Delhi                          | 6452                                                                                                                                                                        | 11987                                                                                                                                                                       | 16267                                                                                                                                                                       |
| 9.       | Uttar Pradesh                  | 5501                                                                                                                                                                        | 7808                                                                                                                                                                        | 11793                                                                                                                                                                       |
| 10.      | Chattisgarh                    | 2282                                                                                                                                                                        | 2282                                                                                                                                                                        | 2282                                                                                                                                                                        |
| 11.      | Punjab                         | --                                                                                                                                                                          | 109                                                                                                                                                                         | 191                                                                                                                                                                         |
| 12.      | Haryana                        | --                                                                                                                                                                          | 150                                                                                                                                                                         | 236                                                                                                                                                                         |
| 13.      | Chandigarh                     | --                                                                                                                                                                          | 147                                                                                                                                                                         | 139                                                                                                                                                                         |
| 14.      | High Court of                  | 365                                                                                                                                                                         | 428                                                                                                                                                                         | 384                                                                                                                                                                         |
|          | Orissa                         | Besides, 46 numbers of commercial disputes are pending before the commercial courts established in the District of Khurda at Bhubaneswar, Ganjam at Behampur and Sambalpur. | Besides, 46 numbers of commercial disputes are pending before the commercial courts established in the District of Khurda at Bhubaneswar, Ganjam at Behampur and Sambalpur. | Besides, 46 numbers of commercial disputes are pending before the commercial courts established in the District of Khurda at Bhubaneswar, Ganjam at Behampur and Sambalpur. |
| 15.      | Maharashtra (excluding Mumbai) | 562 (as on 31.12.2016)                                                                                                                                                      | 393 (as on 31.12.2017)                                                                                                                                                      | 447 (as on 31.03.2018)                                                                                                                                                      |
| 16.      | Goa                            | 119 (as on 31.12.2016)                                                                                                                                                      | 116 (as on 31.12.2017)                                                                                                                                                      | 121 (as on 31.03.2018)                                                                                                                                                      |
| 17.      | Daman & Diu                    | 28 (as on 24.04.2017)                                                                                                                                                       | Nil (as on 31.12.2017)                                                                                                                                                      | Nil (as on 31.03.2018)                                                                                                                                                      |
| 18.      | Dadra Nagar Haveli             | Nil (as on 18.05.2017)                                                                                                                                                      | Nil (as on 31.12.2017)                                                                                                                                                      | 23 (as on 31.03.2018)                                                                                                                                                       |
| 19.      | Rajasthan                      | 109                                                                                                                                                                         | 162                                                                                                                                                                         | 223                                                                                                                                                                         |
| 20.      | Kerala                         | Nil                                                                                                                                                                         | Nil                                                                                                                                                                         | Nil                                                                                                                                                                         |
| 21.      | Meghalaya                      | --                                                                                                                                                                          | --                                                                                                                                                                          | 01                                                                                                                                                                          |
| 22.      | Jammu & Kashmir                | 3833                                                                                                                                                                        | 4171                                                                                                                                                                        | 6234                                                                                                                                                                        |
| 23.      | Tamil Nadu and Puducherry      | 88                                                                                                                                                                          | 107                                                                                                                                                                         | 1459                                                                                                                                                                        |