Commercial litigation advocates in Coimbatore
Suits and applications in business disputes for companies, firms and traders in Coimbatore under the Commercial Courts Act, 2015, from the legal notice and pre-institution mediation to the decree and its execution.
Who this helps
Businesses with disputes over money or contracts, including:
- manufacturers and suppliers with unpaid invoices
- dealers, distributors and franchisees whose agreements were ended
- partners and shareholders in a business dispute
- contractors and builders in construction disputes
- businesses defending a recovery suit
How we handle it, step by step
Case review
We read the contract, purchase orders, invoices, ledgers and correspondence. A dispute arising from ordinary business transactions, construction, partnership, distribution, franchise and similar agreements is a commercial dispute, and if its value is three lakh rupees or more it goes to the Commercial Court.
Legal notice and negotiation
A clear notice setting out the amount due, interest and the documents relied on often leads to payment or a settlement without a suit.
Pre-institution mediation
Before a commercial suit that does not need urgent interim relief, mediation under Section 12A of the Commercial Courts Act, 2015 is compulsory. It is conducted through the Legal Services Authority and ordinarily finishes within three months. A settlement reached there is enforceable like an arbitral award.
Filing the commercial suit
The plaint is filed with a statement of truth and with all the documents relied on disclosed at the start, as the Act requires. Urgent interim relief, such as an injunction or attachment before judgment, can be sought with the suit.
Strict timelines
The defendant must file a written statement within 30 days, extendable by the court to no more than 120 days. Where a defence has no real prospect of success, the court can give summary judgment without a full trial.
Decree, appeal and execution
An appeal against a decision of the Commercial Court lies within 60 days. Once the decree is final, we take steps to execute it and recover the amount.
Common questions
What is a commercial dispute?
Section 2(1)(c) of the Commercial Courts Act, 2015 lists them: ordinary transactions of merchants, bankers, financiers and traders, export and import, carriage of goods, construction and infrastructure contracts, partnership agreements, distribution, franchising and licensing agreements, joint ventures, intellectual property, insurance and similar matters.
Is mediation compulsory before a commercial suit?
Yes, unless the suit seeks urgent interim relief. The Supreme Court held in 2022 that pre-institution mediation under Section 12A is mandatory. The time spent in mediation is not counted for limitation.
What is the time limit to file a written statement in a commercial suit?
Thirty days from service of summons, which the court can extend, but not beyond 120 days. After 120 days the right to file it is lost.
Can a commercial dispute below three lakh rupees be filed?
Yes. It goes to the ordinary civil court as a regular suit, not to the Commercial Court.