Corporate and commercial disputes

Kinds of disputes

Shareholder and management disputes — petitions for oppression and mismanagement under Sections 241 and 242 of the Companies Act, 2013 before the NCLT (with the eligibility threshold in Section 244 — 10% of members or shareholding, waivable), disputes over board decisions, share transfers, transmission and rectification of the register (Section 59), and the winding up of companies on just and equitable grounds. Partnership disputes — dissolution, accounts, and expulsion — under the Partnership Act and partnership deeds.

Commercial suits — recovery of money, damages for breach of contract, specific performance, and injunctions, before the Commercial Courts under the Commercial Courts Act, 2015 (specified value of ₹3 lakh and above), using the tools the Act provides: strict timelines for pleadings, disclosure and case management, and summary judgment under Order XIIIA CPC where the defence has no real prospect of success. Suits above ₹2 crore are filed on the original side of the Delhi High Court.

Pre-institution mediation. Section 12A of the Commercial Courts Act makes mediation mandatory before filing a commercial suit unless urgent interim relief is sought; the Supreme Court in Patil Automation v. Rakheja Engineers (2022) held the requirement mandatory and plaints filed without it liable to rejection. The chambers conducts the mediation before the Delhi Legal Services Authority and, where the other side does not participate, obtains the non-starter report that permits the suit.

Arbitration-related proceedings — interim measures under Section 9 of the Arbitration and Conciliation Act, appointment of arbitrators under Section 11 before the Delhi High Court, challenges to awards under Section 34 (within three months, extendable by 30 days), enforcement under Section 36, and appeals under Section 37; and representation before arbitral tribunals in domestic arbitrations.

Contracts and recovery — legal notices, replies, negotiation and settlement agreements; suits for recovery against customers, vendors and distributors; disputes under franchise, distribution, supply, service and employment agreements; and the interface with cheque-bounce prosecutions and IBC demand notices as recovery tools.

How the chambers works on a commercial matter

1. The record — contracts, purchase orders, invoices, delivery proof, correspondence and ledger; the arbitration clause and the jurisdiction clause.
2. Forum and remedy — commercial court, High Court original side, NCLT, arbitration, IBC or the cheque-bounce court; and whether pre-institution mediation applies.
3. Interim relief — injunctions, attachment before judgment, appointment of receivers, and Section 9 orders to secure the amount in dispute or preserve the subject-matter.
4. Pleadings and evidence in the form the Commercial Courts Act requires — statements of truth, disclosure of all documents, and affidavits of admission and denial.
5. Resolution — trial, summary judgment, award, or a negotiated settlement recorded as a consent decree or award.

Documents to keep ready

• The contract, purchase orders, work orders and any amendments
• Invoices, delivery challans, e-way bills, acceptance and rejection records
• Ledger accounts and statements of account, with reconciliation
• Correspondence — emails, letters, WhatsApp messages — and notices exchanged
• Board resolutions, shareholders’ agreements, share certificates and the register of members (for company disputes)
• Any earlier litigation, arbitration or mediation record

Frequently asked questions

Do I have to attempt mediation before filing a commercial suit?

Yes, under Section 12A of the Commercial Courts Act, unless the suit contemplates urgent interim relief. The mediation is conducted through the Legal Services Authority and takes up to three months (extendable by two with consent); a settlement reached there has the status of an arbitral award.

What is summary judgment?

A judgment without a full trial, under Order XIIIA CPC in commercial suits, where the court is satisfied that the defendant has no real prospect of successfully defending the claim (or the plaintiff of succeeding) and there is no other compelling reason for a trial. It is a powerful tool in documented recovery claims.

Can a minority shareholder challenge decisions of the majority?

A member or members holding at least 10% of the shares or constituting 10% of the members may petition the NCLT under Section 241 for relief against oppression or mismanagement; the NCLT can waive the threshold in a fit case, and the relief can include regulating the affairs of the company, buy-outs and setting aside transactions.

How long do I have to challenge an arbitral award?

Three months from the date of receipt of the award, extendable by a further 30 days on sufficient cause, and not beyond; the application is filed under Section 34 before the court having jurisdiction, and an application for stay of enforcement is made separately.

Is a WhatsApp or email agreement enforceable?

A contract can be formed through electronic communications, and the messages are admissible with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam; the terms and the authority of the person communicating still have to be proved.

This page is general information about the area of practice, not legal advice. Last reviewed: 2026-09-22