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Commercial Litigation — Commercial Courts Act, 2015

Commercial Suits — Commercial Courts Act, 2015 & CPC

Informational guide to the conduct of commercial suits in India under the Commercial Courts Act, 2015 read with the Code of Civil Procedure, 1908 as amended for commercial disputes. It explains what qualifies as a “commercial dispute” under Section 2(1)(c), the “Specified Value” threshold of three lakh rupees under Section 2(1)(i), the jurisdiction of the Commercial Court under Section 6, the mandatory pre-institution mediation under Section 12A (unless urgent interim relief is genuinely contemplated), the disclosure and case-management regime, the strict one-hundred-and-twenty-day limit for the written statement, the summary-judgment procedure under Order XIII-A, costs under Section 35 and the appeal under Section 13 — drawing on Patil Automation v. Rakheja Engineers (2022) and SCG Contracts v. K.S. Chamankar (2019). The firm’s practice covers commercial suits before the Commercial Courts at the Delhi District Courts (Rohini, Tis Hazari, Karkardooma, Saket and Dwarka) and the Commercial Division and Commercial Appellate Division of the Delhi High Court.

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Last Updated: 17 June 2026 Content Verified: checked against India Code & reported judgments

How a Commercial Suit Proceeds

A commercial suit follows a faster, more disciplined track than an ordinary civil suit. Once a dispute qualifies as a “commercial dispute” of the Specified Value, the plaintiff must ordinarily first exhaust pre-institution mediation before instituting the suit before a Commercial Court or the Commercial Division of the High Court. The flow below traces the common path from dispute to decree and appeal.

1
Commercial Dispute — S.2(1)(c)
2
Specified Value ≥ ₹3 Lakh — S.2(1)(i)
3
Pre-Institution Mediation — S.12A
4
Plaint, Statement of Truth & Disclosure
5
Written Statement Within 120 Days
6
Case Management, Summary Judgment / Trial & S.13 Appeal

What a Commercial Suit Is

The Commercial Courts Act, 2015 was enacted to provide a speedy and structured forum for the adjudication of commercial disputes. It establishes Commercial Courts at the district level and Commercial Divisions and Commercial Appellate Divisions in the High Courts, and it amends the Code of Civil Procedure, 1908 in its application to commercial disputes so as to impose disclosure obligations, case-management hearings, strict timelines and a summary-judgment procedure.

Two threshold requirements must be satisfied before a matter can be tried as a commercial suit. First, the dispute must fall within the definition of a “commercial dispute” in Section 2(1)(c) — an inclusive list of twenty-two categories ranging from the ordinary transactions of merchants, bankers, financiers and traders, through agreements relating to immovable property used exclusively in trade or commerce, to disputes concerning intellectual property rights. Second, the dispute must be of the “Specified Value” defined in Section 2(1)(i), which after the 2018 amendment is not less than three lakh rupees (reduced from the earlier threshold of one crore rupees).

Where both requirements are met and the suit does not genuinely contemplate any urgent interim relief, Section 12A requires the plaintiff to first exhaust pre-institution mediation. The suit is then governed by the amended Code — the plaint must carry a statement of truth and disclosure of documents, the written statement must be filed within the outer limit of one hundred and twenty days, and the court conducts case-management hearings to fix a timetable for the trial.

Key Takeaways
  • A commercial suit is governed by the Commercial Courts Act, 2015: it applies to a “commercial dispute” of a specified value of ₹3 lakh or more (reduced from ₹1 crore in 2018), heard by a Commercial Court or the Commercial Division of a High Court.
  • Pre-institution mediation under Section 12A is mandatory where the suit does not contemplate any urgent interim relief; skipping it without genuine urgency renders the plaint liable to rejection (Patil Automation, 2022; Yamini Manohar, 2023).
  • The Act front-loads the case through amended CPC provisions: a written statement must be filed within 120 days (failing which the right is forfeited — SCG Contracts, 2019), with disclosure, inspection and admission/denial of documents and case management hearings (Order XV-A).
  • Order XIII-A permits a summary judgment without oral evidence where a claim or defence has “no real prospect of success”; the Supreme Court laid down a nine-point guideline framework in Reliance Eminent Trading v. DDA (2026), urging courts to “grasp the nettle and decide”.
  • Whether a dispute is “commercial” turns on subject matter — and, for immovable property, its actual use “in trade or commerce” — not merely the identity of the parties (Ambalal Sarabhai, 2019).
  • An appeal lies under Section 13 only against specified orders and decrees; routine interlocutory orders are not appealable, and the forum and limitation are strictly construed (Kandla Export, 2018).

When a Suit Qualifies as Commercial

A suit can be tried on the commercial track only when the conditions below are satisfied. The cards summarise them.

A Commercial Dispute
The dispute must fall within one of the twenty-two categories listed in Section 2(1)(c) — mercantile transactions, carriage of goods, construction and infrastructure contracts, joint ventures and shareholders’ agreements, intellectual property, agreements relating to immovable property used exclusively in trade or commerce, and the like.
Specified Value ≥ ₹3 Lakh
The value of the subject-matter, determined under Section 12, must not be less than three lakh rupees. The value is computed on the principles of the Court Fees Act and the Suits Valuation Act; the Commercial Courts Act does not create a new mode of valuation.
Pre-Institution Mediation
Unless the suit genuinely contemplates urgent interim relief, Section 12A requires the plaintiff to first exhaust pre-institution mediation before a Legal Services Authority. A suit instituted without it is liable to be rejected under Order VII Rule 11.
Territorial Jurisdiction
The Commercial Court must be territorially competent. By the Explanation to Section 6, the suit must be instituted in accordance with Sections 16 to 20 of the Code of Civil Procedure, 1908.
Statement of Truth & Disclosure
The amended Code requires every pleading to be verified by a statement of truth, and the parties must disclose and produce the documents in their power and possession in the manner prescribed by Order XI as amended for commercial disputes.
Strict Timelines
The written statement must be filed within thirty days, extendable for recorded reasons up to an outer limit of one hundred and twenty days from service of summons, beyond which the right to file it is forfeited and the court cannot take it on record.

Reliefs Available in a Commercial Suit

The reliefs a Commercial Court may grant are the ordinary civil reliefs, but delivered through a faster procedure with the additional tools of summary judgment and realistic costs. Common reliefs include:

Recovery of Money
A decree for the recovery of a sum due under a contract, invoice or mercantile document, with interest, where the claim arises out of a commercial transaction of the Specified Value.
Specific Performance & Injunction
Specific performance of a commercial agreement and prohibitory or mandatory injunctions, including interim relief to preserve the subject-matter of the dispute pending adjudication.
Damages & Declaration
Compensation for breach of a commercial contract and declaratory relief settling the rights of the parties under the contract or mercantile document in question.
Summary Judgment
On an application under Order XIII-A, a judgment without recording oral evidence where the opposite party has no real prospect of succeeding or defending and there is no other compelling reason for a trial.
Actual & Realistic Costs
Under Section 35 of the Code as amended, the court ordinarily awards costs to the successful party, assessed on a realistic basis including legal fees and expenses, to discourage frivolous defences and delay.
IPR Reliefs
In disputes concerning trademarks, copyright, patents and designs, reliefs of injunction against infringement and passing off, delivery up, rendition of accounts and damages, where the suit is of the Specified Value.

Commercial Suit vs Ordinary Civil Suit

The commercial track differs from an ordinary civil suit in forum, procedure and discipline. The table contrasts the salient features.

FeatureCommercial SuitOrdinary Civil Suit
ForumCommercial Court / Commercial Division of High CourtOrdinary civil court of competent jurisdiction
Value thresholdSpecified Value not less than ₹3 lakhNo commercial-value threshold
Pre-litigation mediationMandatory under S.12A unless urgent interim reliefNot mandatory
Written statementOuter limit of 120 days; right forfeited thereafter90 days; generally treated as directory
Disclosure of documentsMandatory disclosure under Order XI (amended)Production largely at the party’s option
Case managementCase-management hearings under Order XV-A fix a timetableNo statutory case-management regime
Summary judgmentAvailable under Order XIII-A without oral evidenceLimited to Order XII Rule 6 / Order XXXVII
AppealTo Commercial Appellate Division under S.13, within 60 daysOrdinary first appeal under the CPC

Step-by-Step Procedure

The conduct of a commercial suit, from pre-institution mediation to decree, follows the sequence below.

1
Verify Dispute & Value
Confirm that the dispute falls within Section 2(1)(c) and that the Specified Value, computed under Section 12 on Court Fees and Suits Valuation principles, is not less than three lakh rupees.
2
Pre-Institution Mediation
Unless urgent interim relief is genuinely contemplated, apply for pre-institution mediation before the authorised Legal Services Authority; the process is to be completed within three months, extendable by two months with consent.
3
Institute the Suit
File the plaint before the competent Commercial Court or Commercial Division, accompanied by a statement of truth, the list and disclosure of documents, and the requisite court fee, in accordance with Sections 16 to 20 of the Code.
4
Service & Written Statement
On service of summons the defendant must file the written statement within thirty days, extendable for recorded reasons up to a strict outer limit of one hundred and twenty days, beyond which the right is forfeited.
5
Case Management & Summary Judgment
The court holds a case-management hearing under Order XV-A to fix a timetable; either party may apply for summary judgment under Order XIII-A after summons and before issues are framed.
6
Trial, Decree & Appeal
If the suit is not disposed of summarily, it proceeds to trial within the case-management timetable to judgment, decree and an order as to costs; an appeal lies to the Commercial Appellate Division under Section 13 within sixty days.
Important Note
The Section 12A pre-institution mediation step is the most common stumbling block: where no genuine, contemplated urgent interim relief exists, the plaint must first go through mediation, and a “camouflaged” prayer for urgent relief will not save it (Yamini Manohar, 2023). The specified value must be correctly pleaded and computed — undervaluing to escape, or overvaluing to invoke, the commercial track invites objection. Remember the 120-day outer limit for the written statement is mandatory and non-extendable (SCG Contracts).

Documents Commonly Required

A commercial suit is document-intensive because of the mandatory disclosure regime. The following are commonly required.

The contract, agreement or mercantile document sued upon
Invoices, purchase orders, delivery challans and statements of account
Correspondence, emails and notices exchanged between the parties
The pre-institution mediation non-starter / non-settlement report (S.12A)
Statement of truth and affidavit verifying the pleadings
List and disclosure of documents in the party’s power and possession (Order XI)
Board resolution or authority to sue / defend on behalf of a company
Computation of the Specified Value and the suit valuation for court fee
Practical Tip
Before filing, decide honestly whether genuine urgent interim relief is needed; if not, complete Section 12A mediation and annex the non-starter / settlement report, or the plaint can be rejected at the threshold. Get the specified value and the “commercial dispute” character right in the plaint. File the written statement with the statement of truth within 120 days — the court cannot condone beyond it. Where the facts are undisputed and need no oral evidence, consider an Order XIII-A summary judgment application to shorten the litigation (Reliance Eminent, 2026).

Key Thresholds & Timelines

Commercial suits run on strict statutory thresholds and timelines. The principal ones are summarised below; the substantive limitation for the underlying claim continues to be governed by the Limitation Act, 1963.

⏱ Thresholds & Timelines at a Glance
Specified Value (minimum)Not less than ₹3 lakh
Pre-institution mediation (S.12A)3 months + 2 months by consent
Written statement — outer limit120 days from service of summons
Summary judgment applicationAfter summons, before issues framed
Appeal to Commercial Appellate Division60 days (S.13)
Substantive limitation for the claimPer Limitation Act, 1963

Relevant Statutes

Commercial suits are governed principally by the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908 as amended in its application to commercial disputes. The key provisions are set out below; the full bare Acts may be consulted on India Code.

📖 Relevant Section — Commercial Dispute (S.2(1)(c)) +
Section 2(1)(c), Commercial Courts Act, 2015 — “commercial dispute” means a dispute arising out of — (i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents; … (vii) agreements relating to immovable property used exclusively in trade or commerce; … (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; and the other enumerated categories.

The definition is an inclusive list of twenty-two clauses; a dispute must fall within at least one of them to be tried on the commercial track.— Section 2(1)(c), Commercial Courts Act, 2015 (Act 4 of 2016). Source: India Code, handle 2156.
📖 Relevant Section — Jurisdiction of Commercial Court (S.6) +
Section 6, Commercial Courts Act, 2015 — The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Value arising out of the entire territory of the State over which it has been vested territorial jurisdiction. Explanation — a commercial dispute shall be considered to arise out of the entire territory of the State over which a Commercial Court has been vested jurisdiction if the suit or application has been instituted as per Sections 16 to 20 of the Code of Civil Procedure, 1908.

Read with Section 2(1)(i), the Specified Value must be not less than three lakh rupees (reduced from one crore by the 2018 amendment).— Section 6, Commercial Courts Act, 2015. Source: India Code, handle 2156.
📖 Relevant Section — Pre-Institution Mediation (S.12A) +
Section 12A, Commercial Courts Act, 2015 — (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. … (3) the Authority shall complete the process of mediation within a period of three months from the date of application made by the plaintiff, which may be extended for a further period of two months with the consent of the parties.

Inserted by the 2018 amendment; held to be mandatory in Patil Automation v. Rakheja Engineers (2022), subject to the exception of suits genuinely contemplating urgent interim relief.— Section 12A, Commercial Courts Act, 2015. Source: India Code, handle 2156.
📖 Relevant Section — Summary Judgment (Order XIII-A, CPC) +
Order XIII-A Rule 3, Code of Civil Procedure, 1908 (as amended for commercial disputes) — The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that — (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and (b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence. By Rule 2, an application may be made after summons is served and before issues are framed.

Inserted into the Code by the Schedule to the Commercial Courts Act, 2015; it does not apply to suits instituted as summary suits under Order XXXVII.— Order XIII-A, Code of Civil Procedure, 1908 (as amended). Source: India Code, handle 2191.
Commercial Courts Act, 2015
Sections 2, 3, 6, 7, 10, 12, 12A, 13 and 16 — establishment and jurisdiction of Commercial Courts and Commercial Divisions, the definition of a commercial dispute, the Specified Value, pre-institution mediation, appeals and the amendments to the Code of Civil Procedure.
View on India Code →
Code of Civil Procedure, 1908 (as amended for commercial disputes)
Order V and Order VIII (the 120-day written-statement limit), Order XI (disclosure and inspection of documents), Order XIII-A (summary judgment), Order XV-A (case-management hearing), the statement of truth and Section 35 (costs), as amended by the Schedule to the Commercial Courts Act, 2015.
View on India Code →
Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018
The manner and procedure of pre-institution mediation under Section 12A — the application for mediation, authorisation of the Legal Services Authority, appointment of the mediator, the three-month timeline (extendable by two months) and the recording of a settlement or a non-settlement report.
View on India Code →

Leading Judgments

The judgments below — from the Supreme Court and the Delhi High Court — shape the law on commercial suits: the mandatory nature of pre-institution mediation, the meaning of a commercial dispute and the Specified Value, the strict written-statement timeline, the summary-judgment procedure and the appeal structure. Each links to the full text on Indian Kanoon.

1 Recent — Summary Judgment Order XIII-A Guidelines (2026) Reliance Eminent Trading & Commercial Pvt. Ltd. v. Delhi Development Authority Supreme Court of India | 2026 INSC 436 | JJ. J.K. Maheshwari & Atul S. Chandurkar | Decided: 29.04.2026
First Supreme Court judgment to lay down structured nine-point guidelines for summary judgment under Order XIII-A CPC in commercial suits. Courts must grant summary judgment where the defendant's defence has no real prospect of success and a full trial would serve no meaningful purpose — courts should not be unduly timid. Defence must raise a genuine, not fanciful, triable issue. The Court simultaneously reiterated the mandatory nature of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 and tight pleading timelines as the structural framework within which Order XIII-A operates.
View on Supreme Court (sci.gov.in) →
2RecentYamini Manohar v. T.K.D. KeerthiSupreme Court of India · (2024) 5 SCC 815 · 13 Oct 2023
A plaintiff cannot bypass mandatory pre-institution mediation by a camouflaged or token prayer for urgent interim relief. The Commercial Court must examine the plaint and the interim-relief application to judge whether urgent relief is genuinely contemplated; the mere filing of an Order XXXIX application does not exempt the suit from Section 12A.
View on Indian Kanoon →
3RecentPankaj Ravjibhai Patel v. SSS Pharmachem Pvt. Ltd.Delhi High Court (DB) · FAO(COMM) 98/2023 · 2 Nov 2023
It is inaccurate to presume that all intellectual-property suits must be valued at three lakh rupees or more. The court is to assess the specified value only where the valuation is pegged below the threshold, and the plaintiff must declare a consistent valuation — clarifying and modifying the blanket direction in Vishal Pipes.
View on Indian Kanoon →
4LandmarkPatil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd.Supreme Court of India · (2022 SCC OnLine SC 1028) · 17 Aug 2022
Pre-institution mediation under Section 12A is mandatory. A suit that does not contemplate urgent interim relief, instituted without exhausting mediation, is liable to be rejected under Order VII Rule 11 — and the court may do so even suo motu. The declaration was made to operate prospectively from 20 August 2022.
View on Indian Kanoon →
5RecentVishal Pipes Ltd. v. Bhavya Pipe IndustryDelhi High Court · 2022 SCC OnLine Del 1730 · 3 Jun 2022 · Prathiba M. Singh J
Where an intellectual-property suit at the district level is valued below three lakh rupees, it is to be examined by the District Judge (Commercial) to test whether the valuation is arbitrary or deliberately undervalued; a specified value must be ascribed. The Commercial Courts Act does not override the Court Fees Act or the Suits Valuation Act.
View on Indian Kanoon →
6LandmarkAmbalal Sarabhai Enterprises Ltd. v. K.S. Infraspace LLPSupreme Court of India · (2020) 15 SCC 585 · 4 Oct 2019 · Bopanna & Banumathi JJ
To fall within Section 2(1)(c)(vii), the immovable property must be “used exclusively” in trade or commerce; a dispute over immovable property is not commercial merely because the parties are in business. A strict procedure must be followed to entertain only genuine commercial disputes; the plaint was directed to be returned.
View on Indian Kanoon →
7LandmarkSCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd.Supreme Court of India · (2019) 12 SCC 210 · 12 Feb 2019 · R.F. Nariman J
The outer limit of one hundred and twenty days for filing the written statement in a commercial suit, under the amended Order VIII Rule 1 read with Rule 10, is mandatory. Beyond it the defendant forfeits the right to file the written statement and the court cannot take it on record, nor can the period be extended under Section 151.
View on Indian Kanoon →
8RecentSu-Kam Power Systems Ltd. v. Kunwer SachdevDelhi High Court · 2019 SCC OnLine Del 10764 · CS(COMM) 1155/2018 · 30 Oct 2019
The Court explained the “no real prospect of success” standard under Order XIII-A Rule 3, applying the approach in Three Rivers District Council: a claim or defence so weak that it has no reasonable prospect of success may be disposed of summarily before great expense is incurred at trial.
View on Indian Kanoon →
9LandmarkKandla Export Corporation v. OCI CorporationSupreme Court of India · (2018) 14 SCC 715 · 7 Feb 2018 · R.F. Nariman J
An appeal that is not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996 is not made maintainable by Section 13(1) of the Commercial Courts Act. The general appellate provision of the Commercial Courts Act yields to the special and exhaustive Arbitration Act; the Act creates no new right of appeal.
View on Indian Kanoon →
10LandmarkBright Enterprises Pvt. Ltd. v. MJ Bizcraft LLPDelhi High Court (DB) · 236 (2017) DLT 295 · 4 Jan 2017 · Badar Durrez Ahmed & Ashutosh Kumar JJ
A summary judgment under Order XIII-A requires an application by a party; the court cannot dismiss a suit summarily and suo motu at the admission stage without issuing summons. The power can be exercised only within the window after service of summons and before issues are framed, and its safeguards must be scrupulously followed.
View on Indian Kanoon →

How the Law Has Evolved

The commercial-suit regime has been shaped by the 2018 amendment and a line of recent decisions on mediation and valuation.

2022
Section 12A held mandatory
In Patil Automation the Supreme Court held pre-institution mediation mandatory, prospectively from 20 August 2022; suits filed without it, absent urgent interim relief, are liable to be rejected under Order VII Rule 11.
2023
IPR valuation clarified
A Division Bench in Pankaj Ravjibhai Patel clarified that intellectual-property suits need not be presumed to be valued at three lakh rupees or more, modifying the blanket direction earlier issued in Vishal Pipes.

Frequently Asked Questions

What is a “commercial dispute” under the Commercial Courts Act?

A commercial dispute is one falling within the inclusive list of twenty-two categories in Section 2(1)(c) — for example, ordinary mercantile transactions, construction and infrastructure contracts, joint ventures, shareholders’ agreements, intellectual property, and agreements relating to immovable property used exclusively in trade or commerce. The dispute must also be of the Specified Value.

What is the Specified Value, and what is the minimum?

The Specified Value is the value of the subject-matter of the suit, determined under Section 12 on the principles of the Court Fees Act and the Suits Valuation Act. After the 2018 amendment it must be not less than three lakh rupees; earlier the threshold was one crore rupees.

Is pre-institution mediation compulsory before a commercial suit?

Yes. Section 12A requires a plaintiff to exhaust pre-institution mediation before instituting a commercial suit, unless the suit genuinely contemplates urgent interim relief. The Supreme Court held this requirement mandatory in Patil Automation (2022); a suit filed without it is liable to be rejected under Order VII Rule 11.

Can I avoid mediation by simply asking for an injunction?

Not by a token or camouflaged prayer. In Yamini Manohar (2023) the Supreme Court held that the court must examine the plaint and the interim-relief application to decide whether urgent relief is genuinely contemplated. Merely filing an Order XXXIX application does not exempt a suit from Section 12A.

How long does the defendant have to file the written statement?

Thirty days from service of summons, extendable for recorded reasons up to a strict outer limit of one hundred and twenty days. Beyond one hundred and twenty days the right to file the written statement is forfeited and the court cannot take it on record — as held in SCG Contracts (2019).

What is a summary judgment in a commercial suit?

Under Order XIII-A, on an application by a party, the court may decide a claim without recording oral evidence where the opposite party has no real prospect of succeeding or successfully defending and there is no other compelling reason for a trial. The application can be made after summons and before issues are framed; it cannot be invoked suo motu.

Does the Commercial Courts Act apply to arbitration matters?

Section 10 confers jurisdiction over arbitration applications where the subject-matter is a commercial dispute of the Specified Value. However, as held in Kandla Export (2018), the Act does not create new rights of appeal — the special provisions of the Arbitration and Conciliation Act, 1996 prevail on appeals.

Are intellectual-property suits commercial suits?

Disputes over trademarks, copyright, patents and designs fall within Section 2(1)(c)(xvii). Whether such a suit is tried as a commercial suit depends on its specified value; a Division Bench in Pankaj Ravjibhai Patel (2023) clarified that there is no presumption that every IP suit must be valued at three lakh rupees or more.

What costs can a Commercial Court award?

Under Section 35 of the Code as amended, costs ordinarily follow the event and are assessed on a realistic basis — including legal fees and expenses — rather than the nominal costs of an ordinary suit. This discipline is intended to discourage frivolous claims, defences and delay.

What is the appeal remedy against a commercial decree?

An appeal lies under Section 13 to the Commercial Appellate Division of the High Court (or the Commercial Appellate Court) within sixty days from the date of the judgment or order. Only the orders enumerated in the Act and Order XLIII of the Code are appealable.

Does the firm appear in commercial suits in Delhi?

Yes. The firm advises and appears in commercial suits before the Commercial Courts at the Delhi District Courts (Rohini, Tis Hazari, Karkardooma, Saket and Dwarka) and the Commercial Division and Commercial Appellate Division of the Delhi High Court. This page is informational and is not a substitute for advice on your specific matter.

Knowledge Check

A short quiz on commercial suits, the Specified Value, pre-institution mediation and summary judgment. Choose the best answer; the explanation appears after each question.

⚖️ Commercial Suits

Key Terms

Commercial Dispute
A dispute falling within one of the twenty-two categories listed in Section 2(1)(c) of the Commercial Courts Act, 2015.
Specified Value
The value of the subject-matter of the suit, not less than three lakh rupees, determined under Section 12 on Court Fees and Suits Valuation principles.
Pre-Institution Mediation
The mandatory mediation under Section 12A that a plaintiff must exhaust before filing a commercial suit, unless urgent interim relief is genuinely contemplated.
Commercial Court
A court constituted at the district level under Section 3 to try commercial disputes of the Specified Value.
Commercial Division
A division of a High Court having ordinary original civil jurisdiction, constituted to try commercial disputes of the Specified Value.
Statement of Truth
The verification, in the prescribed form, by which a party affirms the truth of the contents of a pleading filed in a commercial suit.
Summary Judgment
A judgment under Order XIII-A given without recording oral evidence where the opposite party has no real prospect of success and there is no compelling reason for a trial.
Case-Management Hearing
A hearing under Order XV-A at which the court fixes a timetable for the conduct of the suit, including dates for evidence and arguments.
Written Statement (120 Days)
The defendant’s pleading, which in a commercial suit must be filed within an outer limit of one hundred and twenty days from service of summons, failing which the right is forfeited.
Disclosure of Documents
The obligation under the amended Order XI to disclose and produce the documents in a party’s power and possession relevant to the commercial dispute.
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