Section 3A of the Commercial Courts Act, 2015: Designation of Commercial Appellate Courts
Section 3A of the Commercial Courts Act, 2015 deals with the designation of Commercial Appellate Courts. It enables the State Government, after consultation with the concerned High Court, to designate the required number of such appellate courts at District Judge level in areas to which the section applies.
Law position checked: 14 September 2026. For the current statutory text, also refer to the official India Code entry for the Commercial Courts Act, 2015.
Text of Section 3A
3A. Designation of Commercial Appellate Courts. - Except the territories over which the High Courts have ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powers conferred on those Courts under this Act.
Legislative note: Section 3A was inserted by Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (Act 28 of 2018), with effect from 3 May 2018.
Meaning and scope of Section 3A
The provision creates the statutory mechanism for designating Commercial Appellate Courts. Section 2(1)(a) of the Act defines a "Commercial Appellate Court" as a Commercial Appellate Court designated under Section 3A.
- Designation by State Government: The State Government acts by notification.
- Consultation with High Court: The designation is to be made after consultation with the concerned High Court.
- Court level: A Commercial Appellate Court under Section 3A is designated at District Judge level.
- Number of courts: The State Government may designate as many Commercial Appellate Courts as it considers necessary.
- Territorial limitation: Section 3A excludes territories over which High Courts exercise ordinary original civil jurisdiction.
- Purpose: The designated courts exercise the jurisdiction and powers conferred on Commercial Appellate Courts by the Commercial Courts Act.
Appellate jurisdiction under Section 13
Section 3A provides for designation of the appellate court, while Section 13 identifies the appellate route. Under Section 13(1), a person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within 60 days from the date of the judgment or order, subject to the provisions of the Act.
Section 3A compared with related provisions
| Provision | Subject | Key function |
|---|---|---|
| Section 3 | Commercial Courts | Constitution and territorial framework of Commercial Courts. |
| Section 3A | Commercial Appellate Courts | Designation of Commercial Appellate Courts at District Judge level. |
| Section 5 | Commercial Appellate Division | Constitution of the Commercial Appellate Division in a High Court. |
| Section 13 | Appeals | Specifies the appellate routes and the 60-day period for appeals covered by the section. |
| Section 14 | Disposal of appeals | Requires an endeavour to dispose of appeals within six months from filing. |
Practical effect of designation
A Commercial Appellate Court does not arise merely because a Commercial Court exists in a district. The appellate court is designated through a State Government notification made after consultation with the concerned High Court. The applicable notification should therefore be checked to identify the Commercial Appellate Court having territorial jurisdiction over a particular matter.
Frequently asked questions
What does Section 3A of the Commercial Courts Act provide?
It authorizes the State Government, after consultation with the concerned High Court, to designate Commercial Appellate Courts at District Judge level in the territories covered by the provision.
Which appeals go to a Commercial Appellate Court?
Under Section 13(1), qualifying appeals from judgments or orders of Commercial Courts below the level of District Judge go to the Commercial Appellate Court, subject to the conditions and limitations contained in the Act.
When was Section 3A inserted?
It was inserted by Section 7 of Act 28 of 2018 with effect from 3 May 2018.