Section 18: Power of High Court to issue directions

Commercial Courts Act, 2015 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Commercial Court / High Court
Act 4 of 2016
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 18

Section 18 of the Commercial Courts Act, 2015 empowers High Courts to issue practice directions and guidelines to Commercial Courts within their jurisdiction to supplement procedural rules.

  • High Court Practice Directions Power: The High Court may, from time to time, issue directions not inconsistent with this Act and the Code of Civil Procedure, 1908.
  • Subjects Covered: Covers pre-institution mediation protocols, electronic filings (e-filing), video conferencing hearings, case management hearings, and statement of truth templates.
  • Binding on Subordinate Commercial Courts: Commercial Courts are bound to comply with practice directions issued under this section.
  • Dynamic Modernization: Allows High Courts to integrate digital evidence standards and modern courtroom technologies without waiting for parliamentary statutory amendments.
Key Landmark Precedents:
  • High Court of Delhi Practice Directions for Commercial Courts, 2020: The Delhi High Court issued comprehensive directions under Section 18 standardizing electronic filing, paginated digital paper books, and strict timelines for written submissions.
  • Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd., (2022) 10 SCC 1: Recognized that High Court practice directions streamline the operationalization of statutory requirements like Section 12A mediation.
Courtroom Practice & Strategic Litigation Guidance:

Always cross-reference local High Court Practice Directions issued under Section 18 for mandatory formats regarding statement of truth, discovery affidavits, and digital bookmarks before filing pleadings.