Commercial Courts Act: The Schedule (CPC Amendments)

Substantive Sections (1–23) PIMS Rules & Forms (Forms 1–6)

1. Substitution of Section 35 & 35A: Commercial Costs Regime Sections 35 & 35A CPC

In commercial disputes, costs follow the event. The Commercial Court shall order the unsuccessful party to pay the costs of the successful party, including fees of advocates, witness expenses, court fees, and other litigation expenses, unless written reasons are recorded otherwise. Frivolous or vexatious claims and unnecessary adjournments attract mandatory exemplary costs.

2. Order V Rule 1: Summons & 120-Day Written Statement Hard Stop Order V Rule 1 CPC

Defendant shall file Written Statement within 30 days of service of summons. The Court may extend time up to a maximum of 120 days from the date of service of summons for reasons recorded in writing and upon payment of costs.

Mandatory Forfeiture: On expiry of 120 days from service of summons, the defendant’s right to file the Written Statement stands permanently forfeited, and the Court shall not take the Written Statement on record. Confirmed by the Supreme Court of India in SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure (2019) 12 SCC 210.

3. Order VI Rule 15A: Mandatory Statement of Truth Order VI Rule 15A CPC

Every pleading in a commercial dispute (Plaint, Written Statement, Counterclaim, Replication) must be verified by an Affidavit in the form of a Statement of Truth. Any pleading without a Statement of Truth cannot be treated as evidence. If false statements are made in the Statement of Truth, the Court may initiate proceedings for contempt of court and perjury.

4. Order VIII Rule 1 & Rule 10: Defense Forfeiture & Judgment Order VIII CPC

Where any party from whom a Written Statement is required fails to present the same within 120 days, the Court shall pronounce judgment against them or make such order in relation to the suit as it thinks fit, and on the expiry of 120 days, no further extension can be granted under Section 148 CPC or inherent powers under Section 151 CPC.

5. Order XI: Complete Overhaul of Disclosure & Document Inspection Order XI CPC

Substitution of Order XI establishes an exhaustive document discovery protocol:

List of Documents: Plaintiff and Defendant must file a comprehensive list of all documents in their power, possession, custody, or control, with declaration of electronic records.
Document Admission / Denial: Within 15 days of inspection, parties must file an affidavit of admission/denial of documents.
Bar on Additional Documents: No additional document can be filed after pleadings unless urgent leave is granted by the Court on establishing reasonable cause for non-disclosure.

6. Order XIII-A: Summary Judgment (Disposal Without Full Trial) Order XIII-A CPC

A party may apply for Summary Judgment at any stage before issues are framed. The Commercial Court may decide a claim or part of a claim without recording oral evidence if:

The plaintiff has no real prospect of succeeding on the claim, or the defendant has no real prospect of successfully defending the claim; and
There is no other compelling reason why the claim should not be disposed of before recording oral evidence.

7. Order XV-A: Mandatory Case Management Hearing (CMH) Order XV-A CPC

The Commercial Court must hold the First Case Management Hearing within 4 weeks from the date of filing of affidavit of admission/denial of documents. The Court frames issues, determines witness examination schedules, fixes time limits for oral arguments, and schedules trial completion within 6 months from the First Case Management Hearing.

8. Order XX Rule 1: Judgment Within 90 Days of Final Arguments Order XX Rule 1 CPC

The Commercial Court must pronounce judgment within 90 days from the date of conclusion of final oral arguments.