REFORMS UPDATE - doj.gov.in
Transcript of REFORMS UPDATE - doj.gov.in
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Status as on 28.10.2020
REFORMS UPDATE
ENFORCING CONTRACTS PARAMETER OF THE WORLD BANK’S DOING BUSINESS REPORT
2021:
I. Reforms implemented by Department of Justice, Ministry of Law and Justice till September,
2020
A. Establishing dedicated commercial courts to be established based on a workload of 1,000
commercial cases per court in Delhi and Mumbai:
1. Implementation status:
i. Delhi:
a. Established 22 dedicated commercial courts and created 22 posts of Judicial Officers
[Notification dated 08.08.2019].
b. All 22 Dedicated Commercial Courts are functioning. 42 new posts of Judicial Officers for
42 Commercial Courts notified by Delhi High Court.
ii. Mumbai:
a. Government of Maharashtra in consultation with High Court of Bombay has notified 16
dedicated commercial courts (11Commercial Courts are located in Bombay City Civil and
Sessions Court, Mumbai and 5 Commercial Courts are located in City Civil and Sessions
Courts, Dindoshi), vide Notification dated 13.09.2019.
b. High Court of Bombay after rationalizing the number of dedicated commercial courts
currently operational, based on case load density, has reduced the number of dedicated
commercial courts from 16 to 4 Courts in Bombay City Civil and Sessions Court, Gr.
Mumbai (2 courts in Main branch and 2 courts in Dindoshi branch) with exclusive
jurisdiction to deal with commercial cases only on 06.03.2020.
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2. Date of entry into force:
i. Delhi: 08.08.2019
ii. Mumbai: 13.09.2019
3. Legal Basis: The Commercial Courts (Amendment) Act, 2018 [Act No. 28 of 2018]
B. Revise the pecuniary limit for Commercial courts Act to Rs 3.00 Lakh.
1. Implementation status: Pecuniary jurisdiction of District Commercial Court has been
reduced to Rupees three lakh (as per Section 2(1)(i) of Commercial Courts Act, 2015).
i. Delhi: Implemented by gazette notification dated 7 July 2018.
ii. Mumbai: Implemented by gazette notification dated 3 July 2019.
2. Date of entry into force: The Commercial Courts (Amendment) Act, 2018 came into
force from 3rd May, 2018.
3. Legal Basis: The Commercial Courts (Amendment) Act, 2018 [Act No. 28 of 2018].
C. Time Estimates: Reduction in Time taken for trial and judgment in dedicated Commercial
Courts of Delhi and Mumbai.
DB: 2019 DB: 2020
Indicators
Delhi Mumbai Delhi Mumbai
Time-Days 1445 1445 1067 486
1.Filing and
Service
45 45 15 15
2. Trial and
Judgment
1095 1095 746 166
3.Enforcement of 305 305 305 305
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Judgment
1. Implementation status:
i. Delhi:
a. 2018 commercial cases disposed off till September.(Source:
https://delhicourts.nic.in/commCourtData/2020/september/Summary%20of%20Com
mercial%20Cases.pdf)
b. Average time taken is 746 days.
iii. Mumbai:
a. 89 commercial cases disposed from January - March, 2020.
b. Average time taken is 166 days.
2. Legal Basis: The Commercial Courts Act, 2018 [Act No. 28 of 2018]
D. Cost Estimates: Reduction in litigation cost in dedicated Commercial Courts of Delhi and
Mumbai.
1. Doing Business Report 2020 indicates cost (31 % of claim value) for India (both in Delhi
and Mumbai) as
a. Attorney Fees – 22%
b. Court Fees – 8.5%
c. Enforcement Fees – 0.5%
d. Expert fee – No fixed amount payable to ‘expert witness’ as per Order XVI Rule
2 (4) the CPC, Section 45 of the Indian Evidence Act as well as the High Court
of Delhi/Bombay Rules. Commercial Court stands authorized to allow
reasonable remuneration to an ‘expert witness’. Till date none of the
Commercial Court received any request to summon and examine an expert
witness.
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2. Legal Basis:
i. Attorney fees and court fees is payable by unsuccessful party to the successful
party (Section 35 of Code of Civil Procedure, 1908 as amended in the Commercial
Courts Act, 2015).
ii. Commercial courts empowered to award compensatory costs for false and
vexatious claims (Code of Civil Procedure, 1908 as amended in the Commercial
Courts Act, 2015).
iii. Bombay High Courts issued circular to commercial courts to follow CPC as
amended in the Commercial Court Act, 2015 in respect of all commercial disputes.
E. Court Structure & Proceedings: Automatic and Random Allocation of commercial cases:
1. Implementation status:
i. Delhi:
a. Introduced w.e.f. 15.02.2019. Commercial cases data available at
https://delhidistrictcourts.nic.in/efiling.html
b. Check-box removed. Human Intervention totally eliminated from 20 March 2020 in Delhi.
c. 24 commercial cases which have been allocated through the automatic and random
allocation system after removal of check-box (human intervention) between 20-03-2020 and
16.06.2020.
ii. Mumbai:
a. Introduced w.e.f. 13.02.2019. 402 commercial cases randomly and automatically allocated
from January to March, 2020.
b. Check-box removed from May 2020. Human Intervention totally eliminated. No fresh cases
filed and assigned in May 2020 due to Covid-19 lockdown.
2. Date of entry into force:
i. Delhi: 15.02.2019
ii. Mumbai: 13.02.2019
3. Legal Basis
i. Commercial Cases randomly and automatically assigned to Dedicated Commercial
Court using Case Information System (CIS 3.2) software.
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ii. Check-box removed. Human Intervention totally eliminated from 20 March 2020 in
Delhi and from May 2020 in Mumbai.
F. Case Management: Compliance with Time Standards and Adjournment Rules:
1. Implementation status: Time Standards.
i. Statutory Position:
a. CPC provides time standards for Case Management. Filing of written statement
within 30 days of the notice served on defendant. Judgment within 30 days from
hearing conclusion date
b. Amended CPC provisions in the Commercial Court Act, 2015 provides various
time standards for Case Management including ‘Summary Judgment’.
ii. Status:
a. Time standards are respected in more than 50% of cases in dedicated
commercial courts of Delhi and Mumbai.
b. This has resulted reduction of time gap between final arguments and judgment.
Mumbai: Average 17 days
Delhi: Average 6 days
2. Implementation status: Rules on Adjournments.
i. Statutory Position:
a. Order XVII Rule (1) CPC provides for a maximum of 3 adjournments during the
hearing of a suit.
b. Order XVII; Rule 2(b) CPC states that no adjournment shall be granted at the request
of a party, except where the circumstances are beyond the control of the parties.
iii. Status:
a. DoJ sent Advisory letter to High Courts of Delhi and Mumbai .
b. Advisory issued by Delhi High Court to all Dedicated Commercial Courts.
c. Advisory of Mumbai High Court to all Dedicated Commercial Courts.
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● Rules on adjournments are respected in more than 50% of cases. Therefore, the time
taken for trial, arguments and final judgment has reduced.
G. Case Management Hearing (Pre-trial Conference):
1. Implementation status:
i. Delhi:
a. Delhi High Court issued Practice Directions to hold Case Management
Hearings / Pre-Trial Conferences & issue Cause List on 13.08.2019.
b. Case management hearing (Pre-trial Conference) in 646 cases (from 01-05-
2019 to 29-02-2020).
ii. Mumbai: Case management hearing in 38 cases (1st January to 31 March,
2020).
2. Legal Basis:
i. Section 18 of the Commercial Courts Act, 2015 empowers the High Court to issue
practice directions.
ii. Order XV-A of CPC in Schedule to the Commercial Courts Act, 2015 mandates
holding of Case management hearing (Pre-trial Conference).
iii. Delhi High Court issued Practice Directions to hold Case Management Hearings /
Pre-Trial Conferences & issue Cause List on 13.08.2019.
H. Electronic Case Management Tools (eCMT) for Judges:
1. Implementation status:
i. Case Information System 3.0 Software launched on 14.08.2018.
ii. JustIS mobile app contains 8 Electronic Case Management Tools available to
Judicial Officers with effect from 04.01.2019.
iii. JustIS mobile app is integrated with CIS 3.0 software of the portal.
iv. JustIs App downloads: Android-13032
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2. Status on availability of 8 Electronic Case Management Tools (eCMTs) in eCourt
Services Portal &JustISApp:
S.No Nature of Electronic
Case Management
Tool (ECMT)
Availability
to Judges
Availability
on eCourt
Services
Portal and
JustIS App
Whether ECMT is Integrated on
one digital portal/platform
1. To access laws,
regulations and
case laws;
Yes Yes Available and integrated in a single
platform at
https://districts.ecourts.gov.in/
2. To
automatically
generate a
hearing
schedule for all
cases on their
dockets;
Yes Yes Yes
3. To send
notifications (for
eg, e-mails) to
lawyers;
To receive
notifications
Yes Yes Yes
4. To track the
status of a case
on their docket;
To track the
status of a case
Yes Yes Yes
5. To view and
manage case
documents;
Yes Yes Yes
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6. To assist in
writing
judgments;
Yes Yes Yes
7. To semi-
automatically
generate court
orders
Yes Yes Yes
8. To view court
orders and
judgments in a
particular case
Yes Yes Yes
I. Electronic Case Management Tools for Lawyers:
1. Implementation status:
a. Electronic Case Management Tools for lawyers available at ecourts.gov.in and
eCourts services mobile app is integrated with CIS 3.0 software of the portal.
b. 4.23 million active Android users of eCourts Services App.
c. eCourts Services App iOS downloads: 25,700-iPhones; 5,76,000-iPads & 26 iPods.
2. Status on availability of 7 Electronic Case Management Tools (eCMTs) in eCourt
Services Portal &eCourt Services App:
S.
No.
Nature of Electronic Case
Management Tool (ECMT)
Availability to
Judges and
Lawyers
Availability
on eCourt
Services
Portal &
eCourt
Services App
(lawyers)
Whether ECMT is Integrated
on one digital portal/platform
1. To access laws,
regulations and
case laws;
Yes Yes Available and integrated in a
single platform at
https://districts.ecourts.gov.in/
2. To send notifications
(for eg, e-mails) to
lawyers;
Yes Yes 10,91,44,741 emails have been
sent from May 2019 to May
2020
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To receive
notifications
3. To track the status
of a case on their
docket;
To track the status
of a case
Yes Yes Yes
4. To view and
manage case
documents;
Yes Yes Yes
5. To view court
orders and
judgments in a
particular case
Yes Yes Yes
6. To access forms to
be submitted to the
court;
Yes Yes Delhi: https://efiling-
dl.ecourts.gov.in/
Mumbai:
https://efiling-
mh.ecourts.gov.in/
7. To file briefs and
documents with the
court
Yes Yes Delhi: https://efiling-
dl.ecourts.gov.in/
Mumbai:
https://efiling-
mh.ecourts.gov.in/
J. e-Filing: Implement electronic Filing of initial complaints for all types of commercial
cases through a dedicated platform with no requirement of filing a physical copy:
1. Implementation status: e-Filing portal/application was launched by the Supreme Court
on 14.08.2018.
i. Delhi:
a. e-Filing facility integrated with CIS 3.0 implemented w.e.f. 24th May,
2019 in Commercial Court at Tis Hazari only for Commercial
Arbitration Matters.
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b. Practice Directions for e-filing notified on 04.05.2019.
[https://delhicourts.nic.in/commcourt.html]
c. e-Filing launched in all fully operational 22 dedicated commercial
courts w.e.f. 01.03.2020.
d. Data on eFIling available at
https://delhidistrictcourts.nic.in/efiling.html
e. Delhi High Court launched Online e-Filing System for including
Delhi Commercial Courts on 14 June 2020 including Delhi
commercial courts to remotely file fresh cases or caveat as well as
applications, reply, rejoinder, documents, vakalatnama etc., in the
pending cases. [http://delhihighcourt.nic.in/efiling.asp]
f. Practice Directions for e-filing notified.
ii. Mumbai:
a. e-Filing operational from 07.03.2019 in all 4 dedicated
Commercial Courts in Mumbai.[https://efiling-mh.ecourts.gov.in/]
b. Practice Directions for e-filing notified.
K. eSummons: Implement electronic service by email/sms of initial complaint on defendants
with no requirement of further physical service
1. Implementation status:
i. Delhi:.
a. eSummons through email and SMS alert is operational.
b. 301 eSummons have been issued from May 2019 to February 2020.
ii. Mumbai:
a. eSummons through SMS alert is operational.
b. In 3 commercial cases eSummons have been sent.
2. Date of entry into force:
i. Delhi: 09.02.2011
ii. Mumbai: 03.05.2019
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3. Legal Basis:
i. Delhi: Delhi Courts Service of Processes by Courier, Fax and Electronic Mail Service
(Civil Proceedings) Rules, 2010 on 09.02.2011.
ii. Mumbai: Bombay High Court Service of Processes by Electronic Mail Services (Civil
Proceedings) Rules, 2017 on 03.05.2019
L. Alternative Dispute Resolution: Financial Incentives for parties to attempt to
mediation/conciliation (refund of court fee incentives etc.)
1. Implementation status:
i. Delhi: In 2010, the Delhi Government amended the Court Fees Act to state that in case of
settlement before hearing, the Court shall refund half the amountof all the fees paid in respect of
the claim or claims in the suits to the parties.
ii. Mumbai: Circular of Maharashtra State Legal Services Authority dated 20th June 2018 giving
reference to WP No: 49/2014- Sanjeev Kumar HarakchandKankariavs Union of India and Other
refund of court fee Act.
2. Legal Basis:
i. Section 16 of Court Fee 1870 states that in case the court refers the dispute to any of the modes
of settlement provided under Section 89 of the CPC, then the plaintiff shall be entitled to the
refund of the full amount of the court fee.
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II. Reforms or other major developments implemented from March 2020 till May, 2020
1. Automatic and Random Allocation of commercial cases:
i. Check-Box removed. Human Intervention eliminated w.e.f. 20 March 2020 in Delhi and from May
2020 in Mumbai.
iii. 24 commercial cases have been allocated through the automatic and random allocation system
after removal of check-box (human intervention) between 20-03-2020 and 16.06.2020 in Delhi
and from May 2020 in Mumbai. No fresh cases filed and assigned in May 2020 due to Covid-19
lockdown.
2. Integration eCMTs in one single digital platform:
i. Integration of eCMTfor both judges and lawyers viz,. ‘Access to laws’(India Code web-portal) with
eCourt Services portal, eCourt Services App and JustIS App w.e.f 8th May 2020, More than 800
laws and regulations have been made available on the click of a button.
ii. Integration of eCMTfor lawyers viz,. ‘File briefs and documents’ (e-Filing) with eCourt Services
portal/App w.e.f 20th April 2019.
iii. Virtual Court Facility for lawyers has been provided in eCourt Services app for lawyers and
litigants to file the plaint electronically through e-filing and also pay the Court Fee or Fine or Fees
or Fine online through http://vcourts.gov.in/virtualcourt/
iv. Integration of eCMT for lawyers viz,. Access to Forms to be submitted with eCourt Services
portal/App.
3. Launching of e-Filing facility:
i. e-Filing was launched in 21 dedicated Commercial Courts of Delhi from 1st March 2020. It has
been integrated with eCourt Services portal and eCourt Services App.
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III. Training of Judges and Lawyers working in commercial courts onuse of eCMTS, eFiling
and other Case Management Systems available in eCourtServices Portal, JustIS App and
eCourt Services App and other public out reach activities:
1. Delhi High Court:
i. Conducted 2 workshops on reforms implemented under Enforcing Contracts Indicatorin Delhi
Judicial Academy for lawyers and Commercial Court judges in Sept and Nov 2019.
ii. 15 workshops on reforms implemented under Enforcing Contracts Indicator conducted in 6 Delhi
District Court Complexes for training of Judicial Officers / Lawyers since October, 2018.
iii. A workshop for Delhi High Court lawyers on reforms implemented under Enforcing Contracts
Indicator on 26 April 2019.
2. Mumbai High Court:
i. 5 workshops conducted in High Court/Bombay City Civil Court complexes for training of Judicial
Officers / Lawyers in Mumbai since October, 2018.
ii. Maharashtra Judicial Academy training work shop on Commercial Court Act for lawyers and
Commercial Court judges in August and Dec 2019.
3. eCommittee of Supreme Court
i. eCommittee of Supreme Court organized an Online Training Workshop on 14 June 2020 for
Mumbai commercial lawyers on e-Filing and use of eCMTs in eCourts Services web portal and
App -https://www.youtube.com/watch?v=Pt0SzNacEcE
ii. eCommittee of Supreme Court Online Training Workshop for commercial lawyers of Delhi on e-
Filing and use of eCMTs in eCourts Services web portal and App is scheduled on 27 June 2020.
iii. Video Tutorial for eFiling both in English and Hindi has been prepared and circulated for
advocates and is made available on eFiling portal help desk and also on YouTube Channel.
iv. Manual of step by step guide for eFiling and Brochures on how to register for eFilng has been
prepared and made available for all stakeholders both in English and Hindi under eFiling portal.
4. Department of Justice
i. Three month’s online course on Business and Commercial Laws launched by NLU, Delhi in
August 2020.
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ii. Webinar organized by DoJ /CII on 16th May 2020 for more than 200 commercial lawyers on
reforms implemented under Enforcing Contracts Indicator.
[https://indiaeducationdiary.in/government-to-focus-on-digitization-in-enforcing-contracts-
secretary-department-of-justice/] Available on youTube.
iii. Webinar organized by DoJ /CII on 20 June for more than 100 Mumbai commercial lawyers on
reforms implemented under Enforcing Contracts Indicator.
iv. Webinar by DoJ /CII on reforms implemented under Enforcing Contracts Indicator for commercial
lawyers of South Indian metro cities is scheduled on 4 July 2020.
v. eMails informing various reforms and initiatives undertaken in Enforcing Contracts Indicator have
been sent to 50 corporate law firms and 240 lawyers.
vi. Stakeholders outreach through Twitter, LinkedIn, Facebook has been done (about 110 posts
together).
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