COMMERIAL DIVISION OF HIGH COURTS WILL BRING IN MORE FOREIGN INVESTMENTS
If foreign investments have to be brought to India, then, India has to
make a conducive atmosphere and, constitution of commercial divisions in
High Courts is a step towards that said Mr Shantaram Naik M.P. in the
Rajya Sabha.
Mr Naik who initiated the discussion on the Congress side said that
every agreement or MOU that may be signed by foreign companies may be
followed by consequential litigations as, words have limitations in
expressing intentions of parties. These matters are to be resolved speedily.
Mr Naik said that investments will bring in more money and suggested
that a portion of the money can be reserved for building infrastructure
for the courts.
He also suggested that court fee for commercial litigations should be on
a higher side and that parties should not be allowed to get relief of
crores of rupees by paying a court fee of few hundred rupees.
Mr Naik also suggested that lawyers must be made to pay 10% of their
hefty fee charged by them in commercial litigations in the development
of infrastructure for the courts.
Mr Naik said that concept of commercial division will not make any sense
unless more judges are appointed. He also suggested that Supreme Court
too should have a commercial division as appeal from High Courts in
Commercial matters will lie in the Supreme Court.
He said that there are only six high courts which have original
jurisdiction and hence more high courts will have to be vested with
original jurisdiction to dispose of commercial litigations.
Brushing aside the criticism of Commercial High Courts that the
Government has bothered to give special treatment to elite class of
litigants, Mr Naik said that since independence, courts like tenancy
courts, land reforms tribunals, rent tribunals etc. have been
established to deal with cases of common man.
SHANTARAM NAIK
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