Commercial Litigation ("Commercial Litigation") refers to disputes arising from the ordinary transactions of merchants, bankers, financiers, and traders including contracts for goods and services, and construction contracts adjudicated primarily under the Commercial Courts Act, 2015. These disputes look straightforward initially — a contract was breached, a payment wasn't made. But the difference between a matter that resolves in months and one that drags on for years is almost always how it's framed at the start.
Tabish Sarosh & Associates ("TSA") adopts a strictly litigation-focused approach to commercial disputes, handling matters directly before the Commercial Courts, through execution proceedings, and in mediation, with a clear emphasis on strategic case management and effective resolution.
Types of Matters We Handle
Money Recovery
Money recovery suits, including summary suits under Order XXXVII CPC and execution of decrees.
Cheque Dishonour
Cheque bounce cases under Section 138 of the Negotiable Instruments Act.
Contract & Supply
Breach of contract disputes; vendor, supply chain, and distribution agreement disputes.
Recovery of Money: How It Actually Works
Recovery matters look simple on paper — someone owes money and won't pay — but the right route depends entirely on what the debt is based on and how quickly you need results.
- Legal Notice: Almost every recovery matter should start here. A properly drafted demand notice often resolves the matter on its own.
- Order XXXVII, CPC (Summary Suit Procedure): Where the claim is based on a written contract, bill of exchange, or promissory note, this allows for significantly faster recovery.
- Section 138, NI Act (Cheque Dishonour): Where a cheque is dishonoured, a criminal complaint can be filed after following strict notice procedures.
- Execution: We assist with execution proceedings — attachment of property, garnishee proceedings — where a debtor doesn't comply voluntarily.
The Commercial Litigation Framework
The Commercial Courts Act, 2015 significantly altered how business disputes are litigated in India, creating dedicated courts and expedited procedures — but with far stricter procedural requirements than ordinary civil suits.
- Section 12A Pre-Institution Mediation: You cannot simply file a commercial suit anymore. Unless you require urgent interim relief, attempting mediation through the Legal Services Authority is a mandatory prerequisite — courts will reject a suit outright if this is ignored.
- Strict Timelines: Unlike ordinary civil suits where delays can often be condoned, the Commercial Courts Act enforces rigid timelines — specifically the 120-day outer limit for filing a written statement.
- Summary Judgment (Order XIIIA): Provides a mechanism to decide claims without a full trial where the other party has no real prospect of succeeding.
- Case Management Hearings: Courts are required to hold case management hearings to set a binding schedule for the trial, reducing the endless adjournments typical of older civil litigation.
Why Organisations & Individuals Choose Tabish Sarosh & Associates
- Litigation-First Approach: We build every commercial matter the way we'd build a case for trial — not as a formality to satisfy procedure.
- Current on Procedural Requirements: From Section 12A mediation compliance to strict Commercial Courts Act timelines, we get the procedural threshold right the first time.
- Delhi-Based, Court-Facing: Based at Tis Hazari Court and in Rohini, with direct familiarity with how these matters proceed before the Delhi Commercial Courts.
- Full-Spectrum Support: From pre-institution mediation and demand notices through to trial, execution, and appeal, if needed.
Frequently Asked Questions
What qualifies as a "commercial dispute" under the Commercial Courts Act?
Broadly, disputes arising from ordinary transactions of merchants, bankers, and traders — including contracts for goods and services, partnership agreements, intellectual property matters, and construction contracts — above the specified value threshold.
Do I have to attempt mediation before filing a commercial suit?
Generally, yes — unless your suit includes a genuine claim for urgent interim relief. This requirement is mandatory, and courts can reject a suit outright for non-compliance.
Do I need to send a legal notice before filing a recovery suit?
It's not always mandatory, but it's almost always advisable — a demand notice often prompts payment without litigation, and if it doesn't, it strengthens the eventual case.
What's the difference between a summary suit and a regular civil suit for recovery?
A summary suit under Order XXXVII CPC is available where the claim rests on a written contract, bill of exchange, or promissory note, and moves faster because the defendant needs the court's permission to contest the claim at all.
Can I file a criminal case if someone's cheque to me bounces?
Yes, under Section 138 of the Negotiable Instruments Act — but only after following the required notice procedure and within the statutory time limits.