COMMERCIAL COURT RULES AND FORMS
SCHEDULE I
FORM 1: MEDIATION APPLICATION FORM
[See rule 3(1)]
Name of the Authority and address
DETAILS OF PARTIES:
1. Name of applicant :
2. Address and contact details of applicant:
Address:-
Telephone No. ...................Mobile.............................E-mail ID:...........................
3. Name of opposite party:
4. Address and contact details of opposite party:
Address:-
Telephone No. ...................Mobile.............................E-mail ID:...........................
DETAILS OF DISPUTE:
1. Nature of dispute as per section 2(1)(c) of the Commercial Courts Act 2015 (4 of
2016):
2. Quantum of Claim:
3. Territorial jurisdiction of the competent Court:
4. Brief synopsis of commercial dispute (not to exceed 5000 words):
5. Additional points of relevance:
DETAILS OF FEE PAID:
Fee paid by DD No...........................dated.....................Name of Bank and
branch........................Online transaction
No...........................dated.......................
Date:
Note.- Form shall be submitted to the Authority with a fee of one thousand
rupees.
For Office Use:
Form received on :
File No. allotted:
Mode of sending notice to the opposite party:
Notice to opposite party sent on:
Whether Notice acknowledged by opposite party or not:
Date of Non-starter report/Assignment of commercial dispute to Mediator:
FORM 2: NOTICE/FINAL NOTICE TO THE OPPOSITE PARTY FOR PREINSTITUTION
MEDIATION
[See rule 3(2) and rule 3(3)]
Name of the Authority and address.
1. Whereas a commercial dispute has been submitted to (name of
Authority) by (name of applicant) against (name of opposite party)
requesting for pre-institution mediation in terms of section 12-A of Chapter
III-A of Commercial Courts Act, 2015. A copy of the mediation application
Form is attached herewith.
2. The opposite party is here but directed to appear in person or
through his duly authorized representative or Counsel on.............
(Date).................(Time) at the () and convey his consent to participate in
mediation process.
3. Failure to appear before the Authority by opposite party would be
deemed as his refusal to participate in mediation process initiated by the
applicant.
4. In case, the date and time mentioned in para 2 i sought to be
rescheduled the same can be done by the opposite party either on its own
or through its authorized representative or counsel by making a request in
writing at-least two days prior to the scheduled date of appearance.
Authority address Signature of the Authority
Date:
FORM 3 : NON-STARTER REPORT
[See Rule 3 (4) and (6)]
Name of the Authority and address
1. Name of the applicant :
2. Date of application for Pre-Institution mediation :
3. Name of the opposite party :
4. Date scheduled for appearance of opposite party :
5. Report made under rule 3(4) or 3(6) :
6.Non-Starter Report reason :
…............................................................................................................................
................................................................................................................................
…............................................................................................................................
Date : Signature of the Authority
Copy to :
Applicant.
Opposite Party.
FORM 4 : SETTLEMENT
[See rule 7(1)(vii)]
Name of the Authority and address
1. Name of the Mediator :
2. Name of the applicant :
3. Name of the opposite party :
4. Date of application for Pre-Institution mediation :
5. Venue of mediation :
6. Date(s) of mediation :
7. No. of sittings and duration of sittings :
8. Terms of settlement :
Date :
Signature of Opposite Party Signature of Applicant Signature of Mediator
FORM:FAILURE REPORT
[See rule 7(1)(ix)]
Name of the Authority and address
1. Name of the Mediator :
2. Name of the applicant :
3. Name of the opposite party :
4. Date of application for Pre-Institution mediation :
5. Venue of mediation :
6. Date(s) of mediation :
7. No. of sitting and duration of sittings :
8. Reasons for failure :
Date :
Signature of Applicant Signature of Opposite Party
Signature of Mediator
*SCHEDULE II
MEDIATION FEE
[See rule 11]
Sr. No. QUANTUM OF CLAIM MEDIATION FEE PABLUM TO
AUTHORITY
(IN Indian rupees)
1. From Rs. 3,00,000 to Rs. 10,00,000. Rs. 15,000
2. Above Rs. 10,00,000 and upto to Rs. 50,00,000. Rs. 30,000
3. Above Rs. 50,00,000 and upto to Rs. 1,00,00,000. Rs. 40,000
4. Above Rs. 1,00,00,000 and upto to Rs. 3,00,00,000. Rs. 50,000
5. Above Rs. 3,00,00,000. Rs. 75,000
THE COMMERCIAL COURTS (STATISTICAL DATA)
Rules, 2018*
In exercise of the powers conferred by sub-section (1) of section 21-A of the
Commercial Courts Act, 20154 and in pursuance of section 17 of the said Act, the
Central Government hereby makes the following rules, namely:-
1. Short title and commencement. (1) These rules may be called The Commercial
Courts (Statistical Data) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. definitions. - (1) In these rules unless the context otherwise requires, -
(a) “Act” means the Commercial Courts Act, 2015 (4 of 2016);
(b) “Schedule” means the Schedule appended to these rules.
(2) The words and expressions used and not defined in these rules but defined in the
Act, Shall have the same meanings as respectively assigned to them in that Act.
3. Collection and disclosure of data by Commercial Courts, Commercial
Appellate Courts, Commercial Divisions and Commercial Appellate Divisions of
High Courts. - The statistical data, as required by section 17 of the Act, regarding the
number of suits, applications, appeals or writ petitions filed before the Commercial
Courts, Commercial Appellate Courts, Commercial Division or Commercial Appellate
Division, as the case may be, the pendency of such cases, the status of each case,
and the number of cases disposed off, shall be maintained, updated and published by
the tenth day of every month in the form specified in Schedule appended to these
rules, by the concerned High Courts on their website.
*Vide G.S.R. 607(E), dated 3-7-2018, published in the Gazette of India, Ext., Pt. II, S. 3(i),
dated 3-7-2018.
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