Commercial court litigation on mining royalty and mineral concession disputes
The Commercial Courts Act 2015 (as amended in 2018) establishes Commercial Courts, Commercial Divisions and Commercial Appellate Divisions for adjudication of commercial disputes of specified value — three lakh rupees and above. Commercial disputes encompass mercantile documents, export-import transactions, admiralty and maritime, IP exploitation, construction and infrastructure, insurance, joint ventures, shareholder agreements, technology transfer, franchises, management and consultancy, and partnership disputes. Mandatory pre-institution mediation under Section 12A (where no urgent interim relief is sought) and case management under Order XV-A CPC apply. AMLEGALS represents plaintiffs and defendants across Commercial Courts and High Court Commercial Divisions in India.
Procedural efficiency distinguishes commercial litigation: summary judgment under Order XIII-A CPC, strict adherence to timelines, early discovery, sealed-cover submissions, e-filing, and limited adjournments. The Commercial Courts Act requires the trial to be completed within 120 days of the first case-management hearing. Appeals lie under Section 13 to the Commercial Appellate Division of the High Court (or, for Commercial Courts below the level of District Judge, to the Commercial Appellate Court), with a sixty-day limitation. Execution of decrees follows the CPC provisions with enhanced emphasis on attachment before judgment and Garnishee orders. AMLEGALS handles the full lifecycle — pre-institution mediation, suit filing, interim relief, trial, appeal and execution.
Conducting mandatory mediation under Section 12A of the Commercial Courts Act before filing suits where no urgent interim relief is sought.
Drafting and filing commercial suits with applications for interim injunction, attachment before judgment and appointment of receiver.
Filing and defending applications for summary judgment under Order XIII-A CPC in commercial suits without genuine triable issues.
Conducting trial including examination of witnesses, cross-examination, documentary evidence and expert testimony in commercial matters.
Filing appeals before the Commercial Appellate Division of the High Court and pursuing review and revision petitions.
Executing commercial court decrees through attachment, garnishee orders and contempt proceedings for non-compliance.
Commercial Courts have jurisdiction over commercial disputes of a specified value of three lakh rupees and above. In the High Court, the Commercial Division has original jurisdiction where the High Court exercises ordinary original civil jurisdiction.
Yes. Under Section 12A of the Commercial Courts Act, a suit that does not contemplate any urgent interim relief must be preceded by pre-institution mediation through the authority or body constituted under the Legal Services Authorities Act 1987 or the Mediation Act 2023. The mediation period is three months, extendable by two months.
Order XIII-A CPC permits either party to apply for summary judgment on the ground that the other party has no real prospect of succeeding on its claim or defence. The court may grant summary judgment if it is satisfied that the respondent has no genuine triable issue.
Under Section 13(1A) of the Commercial Courts Act, appeals from judgments or orders of a Commercial Court at the level of District Judge or of a Commercial Division lie to the Commercial Appellate Division of the High Court within sixty days; appeals from Commercial Courts below the level of District Judge lie to the Commercial Appellate Court within sixty days under Section 13(1).
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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