COMMERCIAL COURTS RULES AND FORMS

 

COMMERCIAL COURTS 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.

FORM 2: NOTICE/FINAL NOTICE TO THE OPPOSITE PARTY FOR PRE- INSTITUTION 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  Form 6 : MEDIATION DATA

[See Rule10(2)]

 

Sr. No

Nam e of the Auth ority

Name of Applicant Party

Nature of Opposite Party

No. of application slab-wise as per Schedule II

No. of appli catio n disp osed off aspe r   Rule 3(4) and 3(6)

No. of appli catio n refer red for medi ation

No. of appli catio n  wher e no settl eme nt arriv ed at as per Rule 7(1) (ix)

No. of application where parties reached a settlement as per Rule 7(1)(vii)

Indiv idual

Corp orate

Indiv idual

Corp orate

I

II

III

IV

V

*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.

 

SCHEDULE

FORMAT FOR STATISTICAL DATA

[See rule 3]

 

Sr. No	Name of the Court	No. of case pending (on the 1st day of month of ……)	No. of new cases instituted (during the month as per column 3)	Total Cases pending in the Court (on the last day of the month as per column3)	no. of cases disposed (during the months as per column 3)	Average no. of days taken to decide the case
(1)	(2)	(3)	(4)	(5)	(6)	(7)

 

*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.