Excelsior Correspondent
SRINAGAR, Sept 20: Under the patronage of Justice Arun Kumar Pali, Chief Justice, High Court of Jammu & Kashmir and Ladakh and the guidance of Chairperson and Members of the Governing Committee of the J&K Judicial Academy (JKJA), the Judicial Academy organized a one day Special Training Programme on “Code of Civil Procedure (CPC) and Commercial Courts Act” here for Judicial officers of the District Judiciary of Kashmir Province and the Union Territory of Ladakh.
The programme commenced with the introductory remarks by Sonia Gupta, Director, J&K Judicial Academy, who outlined the objectives and scope of the Commercial Courts Act, 2015. She emphasized that the Act has ushered in significant reforms for the speedy and effective adjudication of high-value commercial disputes. She noted that the introduction of pre-institution mediation, case management systems, streamlined pleadings, and provisions for summary judgment have shifted the judicial approach towards efficiency, specialization, and alternate dispute resolution.
Session 1st of programme was conducted by Faisal Qadri, senior advocate, High Court of J&K and Ladakh, who elaborated on the background, objectives, and jurisdictional aspects of the Commercial Courts Act. He explained how the Act was conceived to address gaps in the Civil Procedure Code, which was inadequate to meet the needs of complex commercial disputes.
While acknowledging the transformative potential of the Act, he also drew attention to practical challenges in implementation, including jurisdictional overlaps, lack of clarity in multi-party disputes, and questions regarding judicial expertise in highly technical commercial matters.
Session 2nd was led by Z.A. Shah, senior advocate, High Court of J&K and Ladakh, who reflected on the evolution of commercial courts and the principles of judicial interpretation in commercial law. He emphasized that judges must look beyond the literal text of laws and interpret them in light of their underlying purpose, societal needs, and technological changes.
Highlighting the role of integrity and wisdom in decision-making, he stressed that commercial jurisprudence demands a balance of legal precision with pragmatic understanding.
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