Commercial Courts Act
Pre-Institution Mediation Not Mandatory If Suit Seeks Urgent Interim Relief: Bombay High Court
The Bombay High Court has recently reiterated that a commercial suit cannot be rejected merely for non-compliance with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act if the plaint demonstrates that the suit contemplates urgent interim relief. A single bench of Justice Gauri Godse delivered the ruling in an interim application filed by Warana Sugar Ltd, its director Vinay Kore, and its corporate guarantor Tatyasaheb Kore Warana Sahakari Sakhar...
Delhi Court Orders Akasa Air Operator to Pay ₹1.08 Crore To Travel Agency Over Cancellation Of 2023–24 Festive Bookings
The Commercial Court at Saket, New Delhi, has decreed a suit filed by Delhi-based ABS Tour & Travels against SNV Aviation Pvt. Ltd., which operates Akasa Air, holding that the unilateral cancellation of bulk bookings for the Christmas–New Year 2023–24 travel period amounted to breach of contract. Presiding Officer Lalit Kumar held that the cancellation deprived the agency of a real and foreseeable commercial opportunity to earn profits during the peak festive season and awarded Rs...
No Separate Disclosure Standard For IP Disputes Under Commercial Courts Act: Bombay High Court
The Bombay High Court has partly rejected a trademark owner's attempt to introduce additional documents nearly six years after filing suit, holding that intellectual property disputes are not entitled to any special procedural indulgence under the Commercial Courts Act. In a judgment pronounced on February 20, 2026, Justice Arif S. Doctor said the disclosure requirements under amended Order XI of the Civil Procedure Code are “mandatory and must be strictly enforced” in commercial suits.Order XI...
Bombay High Court Sets Aside Commercial Suit Review Heard By Another Judge Despite Availability Of Order-Passing Judge
Holding that an alternate judge had effectively “sat in appeal” over a coordinate bench, the Bombay High Court has ruled that a review application cannot be entertained by another judge when the original judge remains available under Order XLVII Rule 5 of the Code of Civil Procedure. A Division Bench of Justices R.I. Chagla and Advait M. Sethna set aside an ex parte review order passed on April 25, 2025 by an alternate judge of the City Civil Court at Dindoshi, observing that the course adopted...
Calcutta High Court Upholds Commercial Court Order Permitting Fresh Counterclaim After Transfer Of Suit
The Calcutta High Court has recently declined to interfere with a Commercial Court order allowing a defendant to file an additional written statement along with a counterclaim after the suit was transferred to the Commercial Court. The court held that such pleadings can be permitted with the court's leave under the Code of Civil Procedure. Justice Shampa Dutt (Paul) dismissed a civil revision filed by Batliboi Environmental Engineering Limited, observing that “the impugned order in the present...
Supreme Court Calls Pre-Litigation Mediation Plea 'Dilatory Tactic', Restores ₹12.5 Lakh Recovery Suit
Calling the respondents' reliance on mandatory pre-litigation mediation a “dilatory tactic,” the Supreme Court restored a Rs. 12.5 lakh commercial recovery suit filed by Divya A. Nichani against Dipti D. Palchi and others over an unpaid loan. Invoking its powers under Article 142 of the Constitution, the court held that the requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act “shall be deemed to have failed” in the facts of the case. A bench of Chief Justice...
Right To Seek Arbitration Ends Once Written Statement Stage Is Closed: Karnataka High Court
The Karnataka High Court has reiterated that a defendant cannot seek reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 after its right to file a written statement in a commercial suit has been closed, dismissing an appeal filed by real estate developer Bhagyalakshmi Homes LLP. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the Commercial Court's order rejecting the developer's plea to refer the dispute to arbitration. “It is...
Pre-Litigation Mediation Mandate Cannot Be Used To 'Cold-Storage' Urgent Commercial Suits: Telangana High Court
The Telangana High Court has recently observed that mandatory pre-litigation mediation cannot be used to stall urgent commercial suits. Section 12A of the Commercial Courts Act, it said, cannot “cold-storage urgent claims.” Nor can it be used for “arm-twisting” a plaintiff seeking interim protection. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar dismissed a revision plea, upholding an order of the Commercial Court which exempted Ras Al Khaimah Investment...
Part-Payments Extend Limitation Period, Delhi High Court Revives Federal Bank's Recovery Suit
The Delhi High Court has revived Federal Bank's recovery suit against a borrower, holding that part-payments made by a borrower extend the limitation period and cannot be ignored while computing delay. Setting aside a Commercial Court order that had dismissed the suit as time-barred, a Bench of Justices Anil Kshetarpal and Amit Mahajan said courts must recompute the limitation from the date of the last payment if payments are made within time. “Once part-payments within limitation are admitted...
Disputes From Residential Real-Estate Development Can Be Commercial If Profit Oriented: Calcutta High Court
The Calcutta High Court has recently observed that a real estate development agreement can qualify as a commercial dispute even if the project is residential in nature and even if both parties are not engaged in the business.Justice Shampa Sarkar said the agreement, when read as a whole, showed that the property was meant to be commercially exploited. “The cumulative effect of the agreement was that the parties jointly agreed to put the property to commercial use, thereby earning from the...
Summary Judgment Is 'Exceptional In Nature', Must Be Used With Prudence In Commercial Cases: Delhi High Court
The Delhi High Court has set aside a summary decree passed by a Commercial Court, holding that disputes over rent and consultancy fees could not have been decided without a full trial. A division bench of Justices Anil Kshetarpal and Amit Mahajan said the power of summary judgment under Order XIII-A of the Civil Procedure Code is “exceptional in nature” and must be exercised with prudence. The court said, “The provision does not contemplate dispensation of trial merely because documents...
No Appeal If Commercial Court Refuses To Return Plaint For Lack of Jurisdiction: Karnataka High Court
On 29 January, the Karnataka High Court dismissed an appeal filed by Trinetramilan Product Protection Solutions Pvt. Ltd., a packaging company, ruling that parties cannot immediately challenge a Commercial Court's decision to retain jurisdiction over a dispute. The Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha was hearing an appeal filed by Trinetramilan against a suit by Milan Packaging. It held that an appeal under Section 13(1A) of the Commercial Courts Act,...