Corporate practice

Commercial Litigation

Litigation is a means to a commercial end. We plan it with that end in view: what the client needs, how soon, and at what cost.

Contract, shareholder, IP and technology disputes before the Commercial Courts and High Courts, from urgent interim relief to judgment and enforcement.

Commercial disputes of a specified value of ₹3 lakh or more go to the Commercial Courts and to the Commercial Divisions of the High Courts with original jurisdiction, including the Delhi High Court for suits valued above ₹2 crore. The regime is stricter than ordinary civil litigation, and the strictness can be used.

What is different in a commercial suit

Mediation first, unless urgent interim relief is genuinely sought (section 12A; see our note).
Hard deadlines. A written statement filed after 120 days from service cannot be taken on record.
Summary judgment where the defence has no real prospect of success.
Case management hearings that fix the timetable to trial.
Costs follow the event, and courts award realistic costs.

Evidence and enforcement

Since 1 July 2024, electronic records are proved under the Bharatiya Sakshya Adhiniyam, 2023, which requires a certificate in a prescribed form. Plan for it before a dispute starts. Judgments from “reciprocating territories”, such as the United Kingdom, Singapore and the UAE, can be executed in India as if they were Indian decrees. Judgments from other countries, including the United States, need a fresh suit.

Beyond contract claims

We also act in IP infringement and breach of confidence actions, shareholder disputes, consumer protection matters, and medical negligence claims.

How we help

Contract and commercial claims
Urgent injunctions and interim relief
IP and confidential information suits
Shareholder disputes
Consumer and medical negligence matters
Execution of Indian and foreign decrees

Key laws

Commercial Courts Act, 2015
Code of Civil Procedure, 1908
Bharatiya Sakshya Adhiniyam, 2023
Specific Relief Act, 1963
Limitation Act, 1963

Frequently asked questions

What counts as a “commercial dispute” in India?

Section 2(1)(c) of the Commercial Courts Act lists the disputes covered, including those arising from ordinary transactions of merchants and traders, export and import, construction and infrastructure, franchising, distribution and licensing, technology development, shareholders’ agreements, partnerships, insurance and intellectual property. The specified value must be at least ₹3 lakh.

Can a foreign judgment be enforced in India?

A money judgment from a superior court of a “reciprocating territory” notified under section 44A of the Code of Civil Procedure, such as the United Kingdom, Singapore or the UAE, can be executed directly, as if it were an Indian decree. A judgment from any other country, including the United States, must be sued on in a fresh suit, where it is treated as evidence.

How long do we have to file a contract claim?

Generally three years from the date the claim arises, under the Limitation Act, 1963. The time spent in pre-institution mediation under section 12A does not count towards limitation.