Dispute Resolution – Litigation

Overview

Our Dispute Resolution and Litigation practice provides strategic representation across all courts and tribunals in India, with particular strength before the Supreme Court of India, the Delhi High Court, and the Punjab & Haryana High Court at Chandigarh, serving clients throughout Delhi NCR and North India. We handle complex commercial, civil, constitutional, and regulatory disputes, including suits and appeals under the Code of Civil Procedure, 1908, fast-tracked commercial disputes under the Commercial Courts Act, 2015, recovery and enforcement actions, and specific-performance and injunction matters under the Specific Relief Act, 1963. Our constitutional practice covers writ petitions under Articles 226 and 32, public interest litigation, and service and administrative-law matters, while our criminal-side work includes quashing petitions under Section 482 CrPC and bail. We pursue interim relief, appeals, revisions, and execution, and routinely draft and argue special leave petitions, offering aggressive yet commercially sensible advocacy from pleadings through to enforcement.

1. 1

   Exhaust pre-institution mediation

   Where no urgent interim relief is sought, exhaust pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 through the authority constituted under the Legal Services Authorities Act, 1987. A suit filed without this mandatory mediation is liable to be rejected (per Patil Automation, 2022).

2. 2

   Confirm 'commercial dispute' and pecuniary threshold

   Verify the dispute qualifies as a 'commercial dispute' under Section 2(1)(c) and meets the specified value threshold (currently ₹3 lakh) so that it falls within the jurisdiction of the Commercial Court / Commercial Division.

3. 3

   Draft the plaint with the statement of truth

   Draft the plaint setting out the cause of action and reliefs. The amended CPC (Order VI Rule 15A) requires every pleading to be verified by a Statement of Truth, and Order XI requires the plaintiff to file a list and disclosure of all documents in its power, possession, or control along with the plaint.

4. 4

   Pay court fees and file before the correct forum

   Pay ad valorem court fees on the value of the relief and institute the plaint before the Commercial Court / Commercial Division having territorial and pecuniary jurisdiction, with the requisite copies and the disclosure affidavit of documents.

5. 5

   Service and the written statement

   On service of summons, the defendant must file the written statement within 30 days, extendable up to a maximum of 120 days from the date of service (Order VIII Rule 1, as amended). The right to file is forfeited thereafter, and the defendant must likewise file disclosure of documents.

6. 6

   Case management hearing

   The court holds a Case Management Hearing under Order XV-A to frame issues, fix timelines for inspection and admission/denial of documents, list witnesses, and schedule the trial — recording evidence within a fixed, time-bound calendar.

7. 7

   Trial, arguments and judgment

   Evidence is led by affidavit with cross-examination, followed by oral and written arguments. The Commercial Court is required to pronounce judgment within 90 days of the conclusion of arguments. An appeal lies to the Commercial Appellate Division under Section 13 within 60 days.

This is a general guide. For advice on your specific matter, speak to our Litigation team.