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Commercial Division of High Courts Bill 2009

The Commercial Division of High Courts Bill, 2009 has been passed by the Lok Sabha. This is an important bill for the Bombay High Court and particularly for members of this Association. If enacted, it will change the manner of disposal of a certain class of “commercial” cases.

Before the Select Committee of the Rajya Sabha presented its report on 29 July 2010, it held meetings with various groups throughout the country. A hearing was held in Mumbai in May 2010. The Bombay Bar Association appeared before the Select Committee and also filed detailed submissions. This is noted in the report of the Select Committee. We were the only lawyers’ association in Mumbai to file comprehensive submissions. This Bill has far-reaching consequences.

Digital copies of the relevant documents are available online:

  1. The Commercial Division of High Courts Bill 2009
  2. Summary of the Commercial Division of High Courts Bill, prepared by PRS India
  3. A legislative brief on the Commercial Division of High Courts Bill, prepared by PRS India
  4. The Select Committee Report — note the two dissents. The report is made available courtesy PRS India
  5. Representation by the Bombay Bar Association, 31 May 2010.

A more detailed study of final Report, and a comparison between this Association’s suggestion and the final recommendations, will be made available shortly.

Members are encouraged to send in their views and comments on the Bill. Please email these to webadmin [@] bombaybar.com.

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