Burden on High Court could be cut by 80%: BCMG chief

The High Courts at Bombay,Madras and Calcutta that came into existence under the charter of the Queen of England follow a division between the original and the appellate side jurisdiction of the court. While civil disputes which originate in Mumbai are heard on the original side of the Bombay High Court,appeals against an order of subordinate court outside Mumbai are heard on the appellate side of the court.

“About 70-80 per cent of the suits on the original side are under Rs 1 crore. This will significantly bring down the number of suits pending in the High Court,” Konde-Deshmukh said.

Last year,in an unprecedented move,the BCMG had asked the state government to transfer as many as 78,548 civil suits pending on the court’s original side to the City Civil and Sessions Court under the City Civil Court and Bombay Court of Small Causes (Enhancement of Jurisdiction) Act,1986. The proposal was supported by 95 per cent of the 20,000 lawyers from the Advocates Association of Western India,City Civil and Sessions Court Bar and the Small Causes Court Bar.

The Bombay High Court that came into existence in 1862 earlier had original side jurisdiction to hear cases involving disputes over Rs 10,000 that was raised to Rs 50,000 in 1950. The City Civil Court,until the government notification enhancing the pecuniary jurisdiction of the City Civil Court was effected this month,could hear suits involving a dispute of Rs 50,000 or less.

The BCMG had asked for the City Civil Court’s jurisdiction to be enhanced upto Rs 5 crore. However,their litigation against the state government is pending in the Supreme Court.

“We will continue to pursue the state government for granting unlimited jurisdiction to the City Civil Court,” Konde-Deshmukh said. If the BCMG succeeds in its efforts,the Bombay High Court will be the first ever chartered High Court to give up its original side jurisdiction.