Diplomat Correspondent
SRINAGAR, DD: Under the patronage of Justice Arun Kumar Pali, Chief Justice, High Court of Jammu & Kashmir and Ladakh (Patron-in-Chief, J&K Judicial Academy), and under 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” at Mominabad 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. He highlighted key features such as the creation of expert courts, streamlined procedures, and the introduction of pre-institution mediation to minimize litigation costs and delays.
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.
Illustrating with a case study involving a power generation contract dispute, Qadri urged judicial officers to remain vigilant of jurisdictional conflicts and parallel proceedings, while steadily developing their expertise in commercial jurisprudence.
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.
He further discussed the streamlined procedures under the Act, the growing role of mediation in dispute resolution, and the challenges of inconsistent application across regions. Mr. Shah underlined the need to standardize practices, clarify jurisdictional thresholds, and train judges and lawyers to strengthen the efficacy of the specialized commercial court system.
The programme concluded with an interactive exchange, where participants shared experiences and raised queries regarding the application of CPC provisions in commercial disputes. The deliberations highlighted the need for continued training and practical guidance to ensure effective implementation of the Commercial Courts Act.
The training programme was marked by active engagement and reflective discussions, reinforcing the Academy’s commitment to equipping the district judiciary with the knowledge and skills necessary to handle specialized domains of law with efficiency and clarity.DD
