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Commercial Courts In Kerala

  • September 24, 2024
  • 1722 Views

All Subordinate Judges Courts in the State of Kerala are designated commercial Courts under The Commercial Court Act of 2015  for the purpose of adjudication  of  ‘ Commercial disputes’ of value not less than Rs. 10,00,000 /-  . Commercial Disputes of which the value is less than Rs.10,00,000/- are dealt by  Munsiff Courts.

 The Commercial Division of the High Court Kerala hears and disposes original petitions on commercial disputes under specific laws , matters  international arbitration etc

 The commercial Appellate Division of High Court hears appeal on the order passed by Commercial Court at the level of a District Judge or by the Commercial Division of the High Court of Kerala. 

The commercial dispute means a dispute arising from:

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 resource;

(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 realization 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.

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