Few salient features are elaborated -
Post-Mediation - new proviso to Section 12A that the Court shall refer the parties to mediation after an urgent interim relief was sought, has been granted or denied by the Court. The procedure of pre-institution mediation shall apply to such reference.
Section 14 – Filing of appeal only after issuing a prior notice to other party.
New Section 19A – Proceedings to be held in electronic mode including – issuance, service and execution of summons, examination of witnesses, recording of evidence and all appellate proceedings or any other proceeding may be held in electronic mode or audio video electronic means.
Section 20 – Substituted service – one of the modes is to post summons on the Court’s official website if the defendant is avoiding service.
List of witnesses shall contain all relevant particulars of witnesses including full name, permanent address, address for correspondence, e-mail IDs and phone numbers with facts sought to be proved by the witness and documents sought to be proved by the witness.
Adjournment – Amendment XVII Rule 1 of CPC – New second Proviso that no adjournments may be granted at the behest of the party in whose favour injunction has been granted.
Draft Commercial Courts (Amendment) Bill, 2024. Major changes:-
(1) Usage of electronic medium for various purposes.
(2) Exclusive Courts for Commercial Arbitration matters.
(3) Post institution mediation after urgent relief is granted.
(4) 30 day grace period beyond 60 days to file Appeals.
(5) Time bound disposal of injunction application within 90 days.
(6) Announcement of judgements where Defendant does not appear.
(7) Details and particulars with list of witnesses.
(8) No adjustments to party who has injunction in his favour.
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