Calling for a change in attitude, the Delhi High Court has issued a slew of directions so that lawyers aid in the expeditious disposal of commercial suits.This checklist for lawyers is part of an order by a Single Judge Bench of Justice Rajiv Sahai Endlaw passed while deciding an application seeking delayed filing of certain documents in a commercial suit..Concerned over the practice of filing applications for delayed filing of documents or condonation of delay, the Court said that such applications were envisaged to be an exception in commercial suits, rather than the norm..To realize the objective of expeditious disposal of suits in terms of the Commercial Courts Act, 2015, the effort cannot be only by the Courts but must be by all the stakeholders i.e. litigants as well as the counsel, the Court remarked..It, therefore, listed out certain practices to be adopted by lawyers in commercial suits to facilitate speedy disposal of cases..While doing so, Justice Endlaw also noted certain practices, such as lack of strategy, lack of understanding of their own claim or defence, the vagueness of issues etc, which lead to unnecessary delay in disposal of commercial suits..The Court remarked that the lawyers engaged in commercial suits are “required to pay extra attention to“:.(a) making precise/concise pleadings which spell out the basis of claim or defence, and avoiding unnecessary pleas which lead to unnecessary issues being framed, evidence being led etc;.(b) documents that are required to be filed in support or otherwise of any claim or defence, especially at the time of filing pleadings in order to avoid the filing of applications for delayed filings;.(c) preparing an entire blueprint of their case/defence, at the outset only. This would include the witnesses to be examined, the arguments to be ultimately addressed etc;.(d) the stage of framing of issues as omnibus or vague issues with respect to reliefs permit all kinds of evidence being led..Furthermore, the Court also called out the practice of seeking time for filing a reply to interim applications even when most of such applications need no reply..“..the law on various aspects which come up for consideration in such interim applications, is by and large settled and any counsel worth his salt knows the outcome of such applications. In such situations, no time should be permitted to be wasted on such applications and if the counsel knows that the application, even after reply and arguments would be allowed, should consent thereto. “.It further iterated,.“Moreover, the law on various aspects which come up for consideration in such interim applications is by and large settled and any counsel worth his salt knows the outcome of such applications. In such situations, no time should be permitted to be wasted on such applications and if the counsel knows that the application, even after reply and arguments would be allowed, should consent thereto.”.While concluding its remarks, the Court stated that the Commercial Courts Act, which was brought to expedite the rate of disposal of commercial cases, “will remain a piece of legislation only on paper” if such changes are not adopted..Read the order:
Calling for a change in attitude, the Delhi High Court has issued a slew of directions so that lawyers aid in the expeditious disposal of commercial suits.This checklist for lawyers is part of an order by a Single Judge Bench of Justice Rajiv Sahai Endlaw passed while deciding an application seeking delayed filing of certain documents in a commercial suit..Concerned over the practice of filing applications for delayed filing of documents or condonation of delay, the Court said that such applications were envisaged to be an exception in commercial suits, rather than the norm..To realize the objective of expeditious disposal of suits in terms of the Commercial Courts Act, 2015, the effort cannot be only by the Courts but must be by all the stakeholders i.e. litigants as well as the counsel, the Court remarked..It, therefore, listed out certain practices to be adopted by lawyers in commercial suits to facilitate speedy disposal of cases..While doing so, Justice Endlaw also noted certain practices, such as lack of strategy, lack of understanding of their own claim or defence, the vagueness of issues etc, which lead to unnecessary delay in disposal of commercial suits..The Court remarked that the lawyers engaged in commercial suits are “required to pay extra attention to“:.(a) making precise/concise pleadings which spell out the basis of claim or defence, and avoiding unnecessary pleas which lead to unnecessary issues being framed, evidence being led etc;.(b) documents that are required to be filed in support or otherwise of any claim or defence, especially at the time of filing pleadings in order to avoid the filing of applications for delayed filings;.(c) preparing an entire blueprint of their case/defence, at the outset only. This would include the witnesses to be examined, the arguments to be ultimately addressed etc;.(d) the stage of framing of issues as omnibus or vague issues with respect to reliefs permit all kinds of evidence being led..Furthermore, the Court also called out the practice of seeking time for filing a reply to interim applications even when most of such applications need no reply..“..the law on various aspects which come up for consideration in such interim applications, is by and large settled and any counsel worth his salt knows the outcome of such applications. In such situations, no time should be permitted to be wasted on such applications and if the counsel knows that the application, even after reply and arguments would be allowed, should consent thereto. “.It further iterated,.“Moreover, the law on various aspects which come up for consideration in such interim applications is by and large settled and any counsel worth his salt knows the outcome of such applications. In such situations, no time should be permitted to be wasted on such applications and if the counsel knows that the application, even after reply and arguments would be allowed, should consent thereto.”.While concluding its remarks, the Court stated that the Commercial Courts Act, which was brought to expedite the rate of disposal of commercial cases, “will remain a piece of legislation only on paper” if such changes are not adopted..Read the order:
