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Informist, Monday, Aug. 10, 2026

 

NEW DELHI – The Supreme Court Monday sought that the Indian Commercial and Arbitration Bar Association provide data on the growing trend of commercial litigation in all states, pending commercial cases, the estimate of increased commercial cases, and the requirement of additional commercial courts there. This information might be necessary to issue appropriate directions to set up additional commercial courts in states, said a bench led by Chief Justice of India Surya Kant.

 

The top court issued notices to various state governments on the implementation of the Commercial Courts Act, 2015. Chief Justice Kant said that commercial litigation would vary from state to state. Some states have cosmopolitan or major urban cities where commercial litigation might be very high compared to states dominated by rural areas, the court said, adding that impleading states as party in the case was necessary. 

 

The top court noted a report filed by Indian Commercial and Arbitration Bar Association regarding the number of pending commercial cases as on Mar. 31, 2025, and the corresponding infrastructure provided to commercial courts. The information will be updated by the association at least till Jan. 31, 2026, along with the data that has been provided so far. 

 

The court was hearing a petition by the Indian Commercial and Arbitration Bar Association, which alleged that the government had failed to implement the Commercial Courts Act, 2015, delaying the resolution of commercial disputes and creating hindrances to the practice of commercial trade. The petition said that despite lawmakers having made a loud and clear declaration of setting up commercial courts across states, the government is yet to implement the law effectively.

  

Appearing for the association, advocate Arvind Datar on Monday said the whole idea behind the creation of commercial courts was to expedite hearing. But if that wasn't the case, ease of doing business would be hampered, said Datar.

 

According to the association, the law was enacted in 2015 to provide a forum with upgraded infrastructure to resolve commercial disputes in a time-bound manner. It provides for setting up such courts at the district level, along with the commercial division at high courts having ordinary original civil jurisdiction to effectively and efficiently dispose of commercial disputes of a specified value, the lawyers' body said. The petitioner said the government had failed to create separate commercial courts and the appointment of additional judges who already have a roster does not help achieve the objective of the law to reduce the time taken to dispose of commercial disputes.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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