LexNovaLegal Associates
Commercial Suits
Filing and defending commercial suits under the Commercial Courts Act, including pre-institution mediation.
The Commercial Courts Act changed how business claims are litigated in India: stricter pleading standards, compulsory disclosure of documents, case-management hearings and firm timelines for written statements. A suit that is poorly pleaded or filed without the mandated pre-institution mediation can be rejected before it is ever heard on merits.
LexNova prepares commercial suits to survive that scrutiny. We assemble the documentary record first, plead the claim with the specificity the Act demands, and manage the procedural calendar so that no default costs you the case.
What this service covers
Filing and defending commercial suits under the Commercial Courts Act, including pre-institution mediation.
Pleadings that survive scrutiny
Claims drafted to the disclosure and verification standards of the Commercial Courts Act.
Calendar discipline
Written statement and disclosure deadlines are tracked centrally; the statutory limits are unforgiving.
Summary routes first
Where the defence is not genuine, we press for summary judgment rather than a full trial.
Frequently asked questions
- What qualifies as a commercial dispute?
- Broadly, disputes arising out of ordinary commercial transactions — export and import, distribution agreements, franchising, construction, joint ventures, intellectual property and shareholder arrangements — above the notified specified value.
- Is pre-institution mediation compulsory?
- Yes, unless urgent interim relief is sought. We assess at the outset whether a matter genuinely requires urgent relief or should first go through mediation.
- What is the deadline to file a written statement?
- In a commercial suit the written statement must be filed within thirty days, extendable to a maximum of one hundred and twenty days from service. That outer limit is absolute — the right to file is forfeited after it, so defence preparation must start immediately on service.
- What is the limitation period for a recovery suit?
- Generally three years from when the cause of action accrues, though acknowledgements of debt and part payments can extend it. We assess limitation before anything else, because a time-barred claim cannot be revived.
- Do we have to disclose documents that hurt our case?
- The Act requires disclosure of all documents in your power or possession relevant to the suit, whether helpful or not, verified by a statement of truth. We advise on privilege and on how adverse material is best framed rather than concealed.
- Can a commercial suit be decided without a full trial?
- Yes. Where the defence discloses no real prospect of success, summary judgment can be sought without recording oral evidence. We assess that route in every claim where the documentary record is strong.
Part of our Corporate & Commercial Law practice group. View all practice areas.
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Need advice on commercial suits?
Share the documents and the deadline you are working to. We will confirm the approach, the people handling it and the cost before starting.