The Commercial Courts Act, 2015

1[(1) This Act may be called the Commercial CourtsAct, 2015.] (2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 23rd day of October, 2015.

(1) In this Act, unless the context otherwise requires,-- 1[(a) "Commercial Appellate Courts" means the Commercial Appellate Courts designated undersection 3A;] 2[(aa)] "Commercial Appellate Division" means the Commercial Appellate Division in a HighCourt constituted under sub-section (1) of section 5; (b) "Commercial Court" means the Commercial Court constituted under sub-section (1) ofsection 3; (c) "commercial dispute" means a dispute arising out of-- (i) ordinary transactions of merchants, bankers, financiers and traders such as those relating tomercantile documents, including enforcement and interpretation of such documents;(ii) export or import of merchandise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters,including sales, leasing and financing of the same; (v) carriage of goods; (vi) construction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in trade or commerce; (viii) franchising agreements; (ix) distribution and licensing agreements; (x) management and consultancy agreements; (xi) joint venture agreements; (xii) shareholders agreements; (xiii) subscription and investment agreements pertaining to the services industry includingoutsourcing services and financial services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks,copyright, patent, design, domain names, geographical indications and semiconductor integratedcircuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural resources including electromagneticspectrum; (xx) insurance and re-insurance; (xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes as may be notified by the Central Government. Explanation.-- A commercial dispute shall not cease to be a commercial dispute merelybecause-- (a) it also involves action for recovery of immovable property or for realisation of moniesout of immovable property given as security or involves any other relief pertaining toimmovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, ora private body carrying out public functions; (d) "Commercial Division" means the Commercial Division in a High Court constituted undersub-section (1) of section 4; (e) "District Judge" shall have the same meaning as assigned to it in clause (a) of article 236 ofthe Constitution of India; (f) "document" means any matter expressed or described upon any substance by means of letters,figures or marks, or electronic means, or by more than one of those means, intended to be used, orwhich may be used, for the purpose of recording that matter; (g) "notification" means a notification published in the Official Gazette and the expression"notify" with its cognate meanings and grammatical variations shall be construed accordingly; (h) "Schedule" means the Schedule appended to the Act; and (i) Specified Value, in relation to a commercial dispute, shall mean the value of thesubject-matter in respect of a suit as determined in accordance with section 12 3[which shall not beless than three lakh rupees] or such higher value, as may be notified by the Central Government. (2) The words and expressions used and not defined in this Act but defined in the Code of CivilProcedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872), shall have the samemeanings respectively assigned to them in that Code and the Act.

1[3. Constitution of Commercial Courts.-- (1) The State Government, may after consultation with theconcerned High Court, by notification, constitute such number of Commercial Courts at District level, asit may deem necessary for the purpose of exercising the jurisdiction and powers conferred on thoseCourts under this Act: 2[Provided that with respect to the High Courts having ordinary original civil jurisdiction, the StateGovernment may, after consultation with the concerned High Court, by notification, constituteCommercial Courts at the District Judge level: Provided further that with respect to a territory over which the High Courts have ordinary originalcivil jurisdiction, the State Government may, by notification, specify such pecuniary value which shallnot be less than three lakh rupees and not more than the pecuniary jurisdiction exercisable by the DistrictCourts, as it may consider necessary.] 3[(1A) Notwithstanding anything contained in this Act, the State Government may, after consultationwith the concerned High Court, by notification, specify such pecuniary value which shall not be less thanthree lakh rupees or such higher value, for whole or part of the State, as it may consider necessary.]; (2) The State Government shall, after consultation with the concerned High Court specify, bynotification, the local limits of the area to which the jurisdiction of a Commercial Court shall extend andmay, from time to time, increase, reduce or alter such limits. (3) The 4[State Government may], with the concurrence of the Chief Justice of the High Court appointone or more persons having experience in dealing with commercial disputes to be the Judge or Judges, ofa 5[Commercial Court either at the level of District Judge or a court below the level of a District Judge].

1[3A. Designation of Commercial Appellate Courts.-- Except the territories over which the HighCourts have ordinary original civil jurisdiction, the State Government may, after consultation with theconcerned High Court, by notification, designate such number of Commercial Appellate Courts at DistrictJudge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powersconferred on those Courts under this Act.]

(1) In all High Courts, having 2[ordinaryoriginal civil jurisdiction], the Chief Justice of the High Court may, by order, constitute CommercialDivision having one or more Benches consisting of a single Judge for the purpose of exercising thejurisdiction and powers conferred on it under this Act. (2) The Chief Justice of the High Court shall nominate such Judges of the High Court who haveexperience in dealing with commercial disputes to be Judges of the Commercial Division.]