To adjudicate disputes in respect of commercial dealings, it was mooted to set up separate Commercial Courts and the State High Court furnishing all relevant information in the matter and to top it, there being legislative acquiesce , these courts have still not been set up in Jammu and Kashmir. It is now more than eight months since an Act was passed by the State Administrative Council in September 2018 in this regard to facilitate settling of commercial disputes speedily which under normal circumstances, were bound to tax the workload of the courts as also get decisions not as per time bound expectations.
However, all ground work having been done , it is not known as to why these courts are not established in the state, the High Court wants at least one such court each at Srinagar and Jammu to be established and designation of relevant courts at district level to the commercial courts. The Act provides for transferring of all pending commercial suits from the existing courts to the Commercial Courts. These include transactions of merchants, bankers, financiers , traders, exporters, importers and all those activities related to commercial trade indulged in by the relevant persons in the said business including patents, trademarks etc. It is hoped that the Government would accord due priority to the subject matter and establish commercial courts at the earliest in the state since a delay of eight months has already taken place.
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