The Commercial Courts Act, 2015 was enacted with the intent to
improve efficiency and reduce delay in deciding commercial cases.
To achieve the said objective, the Commercial Courts Act amended
certain provisions of the Code of Civil Procedure (CPC) and
incorporated Order XIIIA titled "Summary Judgment", as
applicable to commercial disputes. This provision enables the Court
to decide a claim or part thereof without recording oral evidence.
Though at first instance it can be argued that the enabling
provision of Order XIIIA to pronounce summary judgment is pari
materia to Order XII Rule 6 which empowers the Court to
pronounce judgment based on admission of the party but there is a
myriad of judgments pronounced by various Courts differentiating
between both of the provisions. One of the fundamental differences
being that under Order XII Rule 6, Court is empowered to act
suo moto as well as on the basis of application filed by a
party and hence enjoys wider discretion,
