LexNovaLegal Associates
Commercial Litigation Lawyer in Chennai: Choosing the Forum and Preparing Before You Sue
Decisions to make before a commercial dispute reaches court.
Short answer: a business dispute of specified value of three lakh rupees or more is a commercial dispute under the Commercial Courts Act, 2015. Before filing, pre-institution mediation under Section 12A is mandatory unless urgent interim relief is sought. Choosing the right forum, sending a proper notice and securing documents early often decides how the case goes.
This page covers the steps before litigation. How a commercial suit is conducted once filed — pleadings, case management and trial — is explained on our commercial litigation service page. Our office is at No. 1 Karaneeswarar Koil Street, Saidapet, Chennai 600015. Call or WhatsApp 073580 88817, Monday to Saturday, 9.30 am to 6.30 pm.
What this covers
Decisions to make before a commercial dispute reaches court.
Forum assessment
Commercial court, arbitration, insolvency route or consumer forum — which applies and which is practical.
Legal notice
A notice that sets out the claim clearly and preserves your position.
Pre-institution mediation
Section 12A mediation through the legal services authority, unless urgent relief is needed.
Evidence preservation
Contracts, emails, invoices and electronic records secured and organised.
Urgent relief
Assessing whether an injunction or attachment is needed before filing.
Who we act for
- Companies pursuing or defending contract and payment claims
- Suppliers, distributors and service providers in commercial disputes
- Shareholders and partners in ownership disputes
- Lenders and creditors enforcing security or recovering dues
- Foreign parties enforcing rights against Indian counterparties
How the engagement runs
Every matter is scoped and priced in writing before work begins.
1. Case assessment
Review of the contract, correspondence and accounts to identify the cause of action and limitation position.
2. Pre-litigation steps
Statutory or contractual notice, and where useful, a settlement or mediation attempt.
3. Filing
Pleadings, documents and interim applications filed in the appropriate forum.
4. Interim relief
Applications for injunction, attachment before judgment or security, where the facts support them.
5. Trial and enforcement
Evidence, arguments, judgment and, where required, execution of the decree.
What to bring to the first consultation
Not every item is needed on day one — bring what you have, and we will tell you what else to obtain.
- The contract, purchase orders and invoices in dispute
- Ledger or statement of account showing the amount claimed
- Correspondence, emails and notices exchanged with the counterparty
- Any notice, plaint or order already received
- Board resolution or authorisation for the person instructing us
Frequently asked questions
- Is mediation compulsory before a commercial suit?
- Yes, under Section 12A of the Commercial Courts Act, unless the suit seeks urgent interim relief. The Supreme Court has held this requirement mandatory.
- Should I send a legal notice first?
- Usually. A clear notice can prompt settlement and helps show the court that you acted reasonably.
- Which court hears my dispute in Chennai?
- It depends on the value and nature of the claim and on any jurisdiction or arbitration clause in your contract. We confirm this at the start.
Related pages: Commercial litigation procedure (service) · Arbitration lawyer in Chennai · Dispute resolution · Retained outside counsel
Discuss your matter with LexNova Legal Associates
Speak with a lawyer in Saidapet, Chennai. Consultations are available in person, by telephone, by video call or on WhatsApp, Monday to Saturday, 9.30 am to 6.30 pm IST.
Speak with our team about your matter.
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LexNova Legal Associates · No. 1 Karaneeswarar Koil Street, Saidapet, Chennai 600015 · 073580 88817