SANGEET LODHA,J. - (1.) By way of this writ petition (PIL), the petitioner Rajasthan High Court Advocates Association, Jodhpur, has questioned legality of the notification dated 13.10.17 issued by the Department of Law and Legal Affairs, Government of Rajasthan in exercise of the power conferred by sub-section (1) and (2) of section 3 of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short "the Act"), whereby the earlier notification dated 20.4.16 issued regarding establishment of Commercial Courts (District Level) at each district, has been withdrawn. It is prayed that the respondents be directed to constitute appropriate number of Commercial Courts in terms of Section 3 of the Act and provide necessary infrastructure and facilities for the Commercial Courts so constituted and comply with the requirement of Section 19 of the Act.
(2.) The Parliament enacted the Act to provide for the constitution of the Commercial Court, Commercial Division and Commercial Appellate Division in High Courts for adjudicating commercial disputes of specified value and matters connected therewith and incidental thereto. The object behind the enactment of the Act is that high value commercial disputes which involve complex facts and question of law require an independent mechanism for their early resolution. It is expected that the Act shall accelerate economic growth, improve the international image of the Indian justice delivery system and the fate of the investor world in legal culture of the nation.
(3.) Vide Commercial Courts, Commercial Division And Commercial Appellate Division of High Courts (Amendment) Act, 2018 (for short "the Amendment Act"), the Act was amended and while creating one more court in the hierarchy of the courts i.e. Commercial Appellate Court, the words 'Commercial Appellate Court' has been added in the title of the Act, after the words 'Commercial Court'. At the same time, by way of amendment of Section 1 (1) of the Act, the Act has been titled as "The Commercial Courts Act, 2015".;