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Confusion over pecuniary jurisdiction issue : Delhi Bar to court

Confusion over pecuniary jurisdiction issue : Delhi Bar to court

The Delhi Bar Association (DBA) today told a court that there is some confusion among lawyers about the provisions of an act and an ordinance relating to pecuniary jurisdiction of district courts with one raising it to Rs 2 crore while the other limiting it to Rs 1 crore.

The response came on a notice issued to DBA by the court for providing assistance on interpretation of provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 and Delhi High Court Amendment Act, 2015 which raises the pecuniary jurisdiction of district courts to Rs 2 crore.

Advocate D D Sharma, secretary of DBA, told Additional District Judge Kamini Lau that there is some confusion among the members of the Bar regarding the manner in which valuation and filing of suits are required to be done and also on the aspect of jurisdiction.

He said for this purpose they have sought a meeting with the Chief Justice of Delhi High Court after which he will be able to provide the necessary assistance.

The secretary sought some time to assist the court on the interpretation of certain provisions of ordinance since they shall have the over-riding effect over any other law for the time being in force.

The court, in its order, noted that, “the question with regard to the inherent jurisdiction of the civil courts at the level of district judges to try the commercial disputes of specified value is determined under Section 12 of the above ordinance particularly those having pecuniary value between Rs one crore and Rs two crore, is the subject matter which is under consideration before this court.”

The court’s order came in a civil suit relating to a commercial dispute.

Advocate Sanjeev Nasiar, President of DBA, said they will soon meet Delhi High Court Chief Justice to seek clarification on the provisions of the pecuniary jurisdiction act and the commercial courts ordinance.

“The law minister had made it clear on the floor of the House that the Act of Rs 2 crore pecuniary jurisdiction of district courts will not be affected by the Commercial Courts Bill.

“Our demand is that commercial courts having pecuniary value between Rs one crore and Rs two crore should be set up in district courts and the suits above this value be filed before the high court,” he said, adding that they will also fix a meeting with the law minister on this issue.

( Court – PTI )


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