Democrat Legal & Partners
All services

Civil, Consumer & Recovery

Commercial & Civil Suits

Suits over contracts, payments and business disputes in the civil and commercial courts.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

Civil suits are governed by the Code of Civil Procedure, 1908. Disputes that are 'commercial disputes' of the specified value under the Commercial Courts Act, 2015 go to the commercial courts, which follow stricter timelines for pleadings and case management. Before filing a commercial suit that does not seek urgent interim relief, the plaintiff must first try pre-institution mediation under Section 12A. Remedies include recovery of money, damages, specific performance of a contract under the Specific Relief Act, 1963, injunctions and declarations. Limitation periods under the Limitation Act, 1963 apply.

Consultation

Speak to the chamber.

Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.

Held in confidence. Used only to contact you.

Frequently Asked Questions

Is my dispute a 'commercial dispute'?

Section 2(1)(c) of the Commercial Courts Act lists the kinds of dispute, such as ordinary business transactions, partnership and franchise agreements, and IP disputes. It must also meet the specified value.

What is pre-institution mediation?

Under Section 12A, a commercial suit not seeking urgent interim relief can be filed only after attempting mediation through the Legal Services Authority. If it fails, a report is issued and the suit can be filed.

Can I get interim relief?

Yes. The court can grant temporary injunctions, attachment before judgment or appoint a receiver where the conditions are met, generally a prima facie case, balance of convenience and irreparable harm.

What documents matter most?

The contract or purchase orders, invoices, ledgers, correspondence and emails, delivery records and any acknowledgement of the debt.

Attorneys Handling This Service

Shashank Kumar Yadav

Associate Advocate

Delhi High Court Bar

Languages: English, Hindi

View Profile