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Commercial Courts Act 2015

Commercial Litigation &
Business Dispute Resolution.

Resolve high-stakes contractual, financial, and business disputes with precision. We protect your commercial interests and minimize risk through strategic, time-bound legal intervention.

SPEEDY JUSTICE

Timeline of Litigation

We strictly adhere to the mandatory timelines of the Commercial Courts Act, 2015 to ensure rapid dispute resolution.

STEP 01

Pre-Institution Mediation

Section 12A

Mandatory exhaustion of remedy via mediation before filing suit, fostering amicable settlement. Essential pre-requisite unless urgent interim relief is sought.

STEP 02

Case Management Hearing

Order XV-A

Strict judicial oversight to frame non-negotiable timelines, limit adjournments, and fast-track the trial process immediately after pleadings.

STEP 03

Summary Judgment

Order XIII-A

Empowers courts to decide claims without a full trial if the defense lacks a real prospect of success, ensuring swift disposal of meritless disputes.

STEP 04

Final Judgment

Time-Bound Decree

Mandatory pronouncement of judgment within 90 days from the conclusion of arguments, guaranteeing a definitive legal outcome for businesses.

Our Strategic Methodology

Minimizing risk and maximizing recovery through a rigorously defined 5-step legal protocol.

Step 01

Forensic Audit

We conduct a forensic review of all commercial documents, identifying Limitation period risks, territorial jurisdiction, and strength of evidence before filing.

Step 02

Mandatory Mediation (PIM)

Leveraging Section 12A of the Commercial Courts Act to attempt early settlement via Pre-Institution Mediation, saving years of litigation time.

Step 03

Interim Protection

Moving swiftly for urgent interim reliefs (Injunctions, Attachment before Judgment) to secure the subject matter while the suit is pending.

Step 04

Summary Judgment

Aggressively filing for Summary Judgment under Order XIII-A where the defense lacks merit, bypassing the need for a full-scale trial.

Step 05

Execution & Recovery

A decree is paper; money is reality. We focus on swift Execution Proceedings to attach assets and realize the decretal amount immediately after judgment.

Know The Law

Rights of Commercial
Entities

Corporate and business entities have specific statutory rights protected under the Indian Contract Act, 1872, MSME Development Act, 2006, and the Commercial Courts Act, 2015. We ensure your business is shielded from non-payment, breach of trust, and unfair competition.

MSME Act

Right to Interest

Statutory right of MSMEs to receive compound interest at 3x bank rate on delayed payments (Sec 16, MSMED Act).

SRA 1963

Specific Performance

Right to compel the other party to perform their contractual obligations rather than just paying damages.

Sec 9 A&C

Interim Protection

Right to seek urgent interim measures (stay orders, asset freezing) from Court before arbitration begins.

IP Laws

Brand Protection

Right to sue for infringement and passing off to protect Tademarks, Copyrights, and Patents.

Contract Disputes

Litigation for breach of contract, non-performance, and termination of business agreements.

Arbitration

Appointment of Arbitrators (Sec 11) and challenging arbitral awards (Sec 34) in Commercial Courts.

Recovery Suits

Filing Order 37 Civil Suits for summary recovery of dues based on invoices and cheques.

Insolvency (IBC)

Advisory on Corporate Insolvency Resolution Process (CIRP) and NCLT matters.

(Corporate & Commercial)

Our Commercial Disputes
Practice Areas

Commercial litigation covers a broad spectrum of business conflicts. We provide Legal strategies for the following types of disputes:

Contractual Disputes

Legal assistance in disputes arising from:

  • Breach of commercial contracts
  • Non-performance or delayed performance
  • Termination and enforcement of agreements
  • Interpretation of contractual clauses

Business & Trade Disputes

Representation in disputes involving:

  • Partnership and joint venture conflicts
  • Distributor, franchise, and agency disputes
  • Supplier–vendor disagreements
  • Trade and commercial transactions

Recovery & Financial Disputes

Legal remedies in:

  • Recovery of outstanding dues
  • Commercial money claims
  • Dishonour of payments and financial defaults
  • Banking and financial transaction disputes

Corporate & Shareholder Disputes

Advisory and representation in:

  • Shareholder and management conflicts
  • Oppression and mismanagement issues
  • Inter-se corporate disagreements
  • Enforcement of corporate rights and obligations

Commercial Property & Lease Disputes

Handling disputes relating to:

  • Commercial lease and tenancy agreements
  • Possession, eviction, and rent disputes
  • Development and builder-related commercial issues

Arbitration & ADR

Legal support in:

  • Arbitration proceedings
  • Enforcement and challenge of arbitral awards
  • Commercial mediation and settlement negotiations
(Eligible Parties)

Who Can File A Dispute?

The Commercial Courts Act allows specific entities to seek expedited justice. We represent the following eligible parties:

Businesses

Commercial Entities & Proprietorships.

Companies

Private Ltd, Public Ltd & Startups.

Stakeholders

Partners, Directors & Shareholders.

Vendors

Traders, Suppliers & Service Providers.

Legal Foundation

Statutory Framework &
Applicable Acts

Commercial Courts Act, 2015

Specialized courts aimed at rapid adjudication of commercial disputes with specific pecuniary jurisdictions.

Arbitration Act, 1996

Comprehensive framework for domestic and international commercial arbitration and enforcement of awards.

MSME Act, 2006

Stringent provisions for delayed payments to Micro and Small Enterprises, including compound interest.

Insolvency Code (IBC)

Time-bound resolution of corporate insolvency for financial and operational creditors.

Specific Relief Act

Enforcing strict performance of contracts rather than just damages, ensuring business continuity.

NI Act (Section 138)

Criminal prosecution for dishonor of cheques, a critical tool for debt recovery in business.

Representation Before
Forums & Authorities

Commercial Courts

Designated Commercial Courts in Ayodhya & Lucknow.

Civil Courts

Civil Courts exercising Commercial Jurisdiction.

Arbitration Tribunals

Ad-hoc and Institutional Arbitral Tribunals.

High Court

Commercial & Appellate Matters (Allahabad High Court, Lucknow Bench).

Commercial Disputes – Common Mistakes to Avoid

Ignoring Arbitration Clauses

Filing a suit directly when an arbitration clause exists can lead to immediate dismissal under Section 8 of the Arbitration Act.

Missing Limitation Periods

Commercial suits typically have a strict 3-year limitation. Delaying legal action can permanently bar your right to recover dues.

Inadequate Documentation

Failing to maintain signed invoices, delivery challans, or email confirmations weakens the evidence for your claim significantly.

Ignoring Legal Notices

Not replying to a demand notice (especially under IBC or MSME Act) can be treated as an admission of debt or liability.

Relying on Verbal Pacts

"Gentleman's agreements" are inadmissible. Always ensure commercial terms and amendments are documented in writing.

Wrong Forum Selection

Filing a commercial suit in a regular Civil Court instead of a designated Commercial Court delays the process and may lack jurisdiction.

Common Queries

Frequently Asked
Questions

What qualifies as a "Commercial Dispute"?
Commercial disputes include conflicts related to business contracts, export-import, franchising, distribution agreements, intellectual property, maritime law, and shareholder agreements. generally, any suit involving a commercial transaction above specified value falls under this Act.
Is Mediation mandatory before filing a suit?
Yes. Under Section 12A of the Commercial Courts Act, 2015, Pre-Institution Mediation (PIM) is mandatory unless you urgently require interim relief (like an injunction or stay order) from the Court.
How long does a commercial case take?
The Commercial Courts Act mandates strictly time-bound proceedings. Case Management Hearings are held to set timelines, and judgments must be pronounced within 90 days of concluding arguments.
What is Summary Judgment?
Summary Judgment (Order XIII-A) allows the court to decide a claim without a full trial or recording oral evidence if the other party has no real prospect of success. It is a powerful tool for swift disposal.
Can MSMEs get faster recovery?
Absolutely. Registered MSMEs are entitled to compound interest at 3 times the bank rate for delayed payments under the MSME Development Act, 2006. These disputes can also be referred to MSME Facilitation Councils.
Is a written contract necessary?
While a written contract is ideal, lawsuits can still be filed based on invoices, purchase orders, email delivery confirmations, and WhatsApp admissions. Digital evidence is fully admissible under Section 65B of the Evidence Act.
Do you handle Arbitration matters?
Yes. We assist in the appointment of Arbitrators (Section 11), seeking interim protection (Section 9), and challenging or enforcing Arbitral Awards (Section 34 & 36) before the appropriate courts in Ayodhya and Lucknow.
What is the cost of filing a commercial suit?
Court fees are ad-valorem (percentage of claim value) as per state laws. Legal fees depend on the complexity of the matter. We offer a transparent fee structure compliant with Bar Council standards.