Vide notification No.S.O.70/C.A.4/2016/S.3/2017 dated 27th October, 2017, the Government of Haryana has been pleased to constitute Special Commercial Court at Gurugram having jurisdiction throughout the State of Haryana for the trial of cases specified under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016).

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016) is an Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto.

Jurisdiction of the Commercial Court

Under section 3 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016), the Government of Haryana vide notification No.S.O.70/C.A.4/2016/S.3/2017 dated 27th October, 2017 has constituted Special Commercial Court at Gurugram having jurisdiction throughout the State of Haryana for trial of cases specified under the Act.

 

What is a Commercial Dispute

“commercial dispute” means a dispute arising out of––

(i) ordinary transactions of merchants, bankers, financiers and traders

such as those relating to mercantile documents, including enforcement and

interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and maritime law;

(iv) transactions relating to aircraft, aircraft engines, aircraft equipment

and helicopters, including sales, leasing and financing of the same;

(v) carriage of goods;

(vi) construction and infrastructure contracts, including tenders;

(vii) agreements relating to immovable property used exclusively in trade

or commerce;

(viii) franchising agreements;

(ix) distribution and licensing agreements;

(x) management and consultancy agreements;

(xi) joint venture agreements;

(xii) shareholders agreements;

(xiii) subscription and investment agreements pertaining to the services

industry including outsourcing services and financial services;

(xiv) mercantile agency and mercantile usage;

(xv) partnership agreements;

(xvi) technology development agreements;

(xvii) intellectual property rights relating to registered and unregistered

trademarks, copyright, patent, design, domain names, geographical indications

and semiconductor integrated circuits;

(xviii) agreements for sale of goods or provision of services;

(xix) exploitation of oil and gas reserves or other natural resources

including electromagnetic spectrum;

(xx) insurance and re-insurance;

(xxi) contracts of agency relating to any of the above; and

(xxii) such other commercial disputes as may be notified by the Central

Government.

Explanation.––A commercial dispute shall not cease to be a commercial

dispute merely because-—

(a) it also involves action for recovery of immovable property or for

realisation of monies out of immovable property given as security or

involves any other relief pertaining to immovable property;

(b) one of the contracting parties is the State or any of its agencies

or instrumentalities, or a private body carrying out public functions;