The Chamber of Advocate Rohit Gour has a strong and dedicated practice in commercial litigation, representing businesses, professionals, and corporate entities before Commercial Courts, Commercial Divisions of the Delhi High Court, and appellate forums.
With the enactment of the Commercial Courts Act, 2015, commercial litigation in India has undergone a significant transformation. The establishment of specialised commercial courts has introduced speed, efficiency, and certainty into the adjudication of business disputes, offering an effective alternative to prolonged civil litigation and costly arbitration.
Commercial Courts Act, 2015 – Overview
The Commercial Courts Act was enacted to ensure time-bound resolution of commercial disputes, improve the ease of doing business, and create a specialised judicial framework for complex commercial matters.
Prior to the Act, commercial disputes were tried by ordinary civil courts, leading to delays and procedural inefficiencies. The Act introduced:
- Dedicated Commercial Courts at the district level
- Commercial Divisions and Commercial Appellate Divisions in High Courts
- Strict procedural timelines under the amended Code of Civil Procedure, 1908
Jurisdiction of Commercial Courts
- District Commercial Courts: Commercial disputes with a specified value exceeding ₹3,00,000
- Delhi High Court (Commercial Division): Commercial disputes exceeding ₹2 crore, exercising original civil jurisdiction
These courts are presided over by judges experienced in commercial law and complex business disputes.
What Constitutes a Commercial Dispute?
Commercial disputes include disputes arising out of:
- Commercial contracts and agreements
- Money recovery and debt enforcement
- Partnership and shareholder disputes
- Infrastructure and construction contracts
- Franchising and distribution agreements
- Intellectual property rights
- Insurance and indemnity claims
- Commercial arbitration (domestic and international)
- Commercial disputes involving government entities
Our Commercial Litigation Services
We provide end-to-end legal representation in commercial matters, including:
- Institution and defence of commercial suits
- Contract enforcement and breach of contract claims
- Money recovery and summary suits
- Shareholder and partnership disputes
- Interim reliefs, injunctions, and asset protection
- Commercial arbitration-related court proceedings
- Appeals before Commercial Appellate Courts and High Courts
Pre-Institution Mediation under Section 12A
For commercial disputes not involving urgent interim relief, pre-institution mediation is mandatory.
- Mediation must be attempted before filing a commercial suit
- The process is time-bound and confidential
- If mediation fails or the opposite party does not participate, a Non-Starter Certificate is issued, enabling the party to approach the Commercial Court
We assist clients throughout the mediation process and advise on strategic next steps.
Time-Bound Commercial Litigation
One of the key objectives of the Commercial Courts Act is speedy disposal of cases. The Act prescribes:
- Strict timelines for filing written statements
- Limited adjournments
- Case management hearings
- Expedited trial procedures
Commercial Courts are expected to conclude trials efficiently, ensuring predictability for businesses.
Arbitration-Related Jurisdiction under Commercial Courts Act
Where the subject matter of arbitration is a commercial dispute of specified value:
- International Commercial Arbitration:
Applications and appeals under the Arbitration and Conciliation Act, 1996 are heard by the Commercial Division of the High Court - Domestic Commercial Arbitration:
Matters are heard either by the Commercial Division of the High Court or the District Commercial Court, depending on pecuniary jurisdiction
We represent clients in arbitration-related applications, enforcement, and challenges.
Summary Judgment in Commercial Suits
Commercial Courts have the power to grant summary judgments under Order XIII-A CPC without recording oral evidence, where:
- The plaintiff or defendant has no real prospect of succeeding
- The dispute can be decided based on pleadings and documents
This provision significantly reduces litigation time and costs.
Execution & Enforcement of Commercial Decrees
We assist clients at the post-judgment stage, including:
For Decree Holders:
- Filing execution petitions
- Attachment of bank accounts and properties
- Garnishee proceedings
- Appointment of court commissioners
For Judgment Debtors:
- Filing objections under Section 47 CPC
- Seeking stay of execution
- Challenging unlawful or excessive enforcement
- Negotiating settlements and compliance plans
Appeals & Post-Decree Remedies
We advise and represent clients in:
- Commercial appeals
- Review and revision proceedings
- Stay applications before appellate courts
Each remedy is evaluated based on statutory rights, limitation, and judicial precedents.
Our Approach to Commercial Litigation
- Business-centric legal strategy
- Procedural precision under Commercial Courts Act
- Strong focus on timelines and efficiency
- Effective handling of high-value disputes
- Clear communication and practical solutions
We act for both plaintiffs and defendants, ensuring comprehensive protection of commercial interests.
Consultation
If you are facing a commercial dispute or require strategic advice under the Commercial Courts Act, 2015, we are available for a confidential consultation to assess jurisdiction, remedies, and the most effective legal course
Q1. What is a Commercial Court?
Answer:
A Commercial Court is a specialised court established under the Commercial Courts Act, 2015 to adjudicate commercial disputes in a time-bound and efficient manner.
Q2. What types of disputes are treated as commercial disputes?
Answer:
Commercial disputes include cases relating to commercial contracts, money recovery, partnership and shareholder disputes, infrastructure and construction contracts, franchising, intellectual property rights, insurance claims, and arbitration-related matters.
Q3. What is the minimum value required to file a case in the Commercial Court?
Answer:
Commercial disputes with a specified value exceeding ₹3,00,000 are maintainable before District Commercial Courts. Higher-value disputes may fall within the jurisdiction of the Delhi High Court (Commercial Division).
Q4. Which court will hear my commercial dispute in Delhi?
Answer:
- Disputes above ₹3,00,000 and below the High Court threshold are filed before District Commercial Courts.
- High-value disputes are filed before the Commercial Division of the Delhi High Court, depending on pecuniary jurisdiction.
Q5. Is pre-institution mediation mandatory before filing a commercial suit?
Answer:
Yes. Under Section 12A of the Commercial Courts Act, pre-institution mediation is mandatory unless urgent interim relief is required.
Q6. How long does a commercial court case take?
Answer:
Commercial courts follow strict timelines. Written statements must be filed within 120 days, and courts aim to dispose of cases expeditiously, usually faster than ordinary civil suits.
Q7. Can interim relief or injunction be granted in commercial cases?
Answer:
Yes. Commercial Courts can grant interim injunctions, stay orders, asset protection orders, and other urgent reliefs to safeguard business interests.
Q8. What is summary judgment in a commercial suit?
Answer:
Summary judgment allows the court to decide a case without a full trial if it finds that one party has no real prospect of succeeding, thereby saving time and litigation costs.
Q9. Are arbitration-related matters covered under the Commercial Courts Act?
Answer:
Yes. Applications and appeals arising out of domestic and international commercial arbitration are heard by Commercial Courts or Commercial Divisions, depending on jurisdiction.
Q10. Can commercial court judgments be appealed?
Answer:
Yes. Appeals from Commercial Courts lie before Commercial Appellate Courts or the Commercial Appellate Division of the High Court, subject to statutory limitations
