SC Directed UP Govt. To Consider Proposal of Special Arrears Committee For Additional Courts

Judge Gavel Law Insider

Paridhi Arya

Published on May 25, 2022 at 18:38 IST

A Bench of Justice MR Shah and Justice BV Nagarathna directed the UP State Government to consider the report submitted by Allahabad High Court proposing to create Additional Commercial Courts in four districts.

The Court gave state government four weeks to give final decision on the matter.

The Advocate representing Allahabad High Court under direction of Registrar General submitted that four districts where the commercial Courts to be created are Gautam Budh Nagar, Meerut, Agra, and Lucknow.

The Bench was hearing the matter in which according to the direction of Apex Court, Special Arrears Committee was constituted consisting of Judges.

The Special Arrears Committee was required to give solution as the pendency of commercial matters is increasing.

The execution proceedings and application to set aside the award were pending under section 34of Arbitration and Conciliation Act, 1996

The Special Arrears Committee comprising all the Judges from Allahabad High Court and none of them was from Lucknow Bench where pendency rate is high. The request has been made to Chief Justice of High Court

The scheme submitted that the appropriate mechanism should be used to do entries in ACR after entries one judicial officer will have average of 47 cases including other works.

The judicial officers will be trained to dispose the case expeditiously and sensitize them towards speedy disposal, this training will be provided from virtual mode also.

On the 7th day of every month District Judge of 74 districts will submit report on disposal to Special Arrear Committee. This committee will meet once a month.

The pendency of matters are under two statutes Arbitration and Conciliation Act, 1996 and Commercial Courts Act, 2015 which disappointed the Bench.

The Amendments made to Commercial Courts Act, 2015 and other Acts are not futile as it did not decrease the pendency rate.

The Court said to make emphasize on measures can be taken to resolve the problem rather than lamenting about it.

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