The Supreme Court has sought updated, state-wise data on the trajectory of commercial litigation across the country to determine whether the existing judicial infrastructure is adequate or additional commercial courts are required.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the direction while hearing a petition concerning the implementation of the Commercial Courts Act, 2015.
The proceedings arise from a petition filed by the Indian Commercial and Arbitration Bar Association (ICABA), which has sought directions for effective and time-bound implementation of the statutory framework governing commercial courts. The petitioner has raised concerns regarding inadequate infrastructure, as well as the availability of commercial courts and commercial appellate benches to deal with the volume of commercial disputes.
The Supreme Court has now called for updated information regarding the pattern of commercial litigation across different States and Union Territories, including the existing pendency, the anticipated growth in commercial cases and the corresponding requirement of additional courts.
The Court’s latest intervention builds upon its earlier efforts to assess the adequacy of the institutional mechanism created under the Commercial Courts Act. In 2023, the Court had sought information from the Union Government concerning the constitution and functioning of commercial courts across States and Union Territories.
Subsequently, in February 2025, the Court directed High Courts across the country to furnish data concerning the pendency of commercial disputes and the infrastructure available for their adjudication.
The Bench had also, in April 2025, underscored the importance of specialised training for Presiding Officers appointed to commercial courts. It had observed that judicial officers dealing with commercial disputes should undergo appropriate training, orientation or refresher courses to familiarise themselves with the nature of commercial litigation in their respective jurisdictions and the need for expeditious adjudication.
The Court had emphasised that prolonged pendency of commercial disputes can have consequences extending beyond the litigating parties, given its potential impact on economic activity and the broader national economy.
During the earlier proceedings, the then Justice Surya Kant had indicated that, upon receipt and assessment of the requisite data, the Court would examine the need for additional judicial infrastructure in a phased manner.
The latest direction is therefore aimed at obtaining a contemporary assessment of the commercial litigation landscape before determining whether the present institutional capacity is sufficient to deal with the existing and projected caseload.
Senior Advocate Arvind Datar and Advocate-on-Record Anannya Ghosh appeared for the petitioner.
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