Glossary

What is the Commercial Courts Act, 2015?

The Commercial Courts Act, 2015 created dedicated commercial courts and commercial divisions to decide business disputes faster, with strict procedural timelines. Since the 2018 amendment, any commercial dispute worth ₹3 lakh or more goes to these courts.

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

The Commercial Courts Act, 2015 sets up Commercial Courts at the district level and Commercial Divisions and Appellate Divisions in High Courts to hear "commercial disputes" (including ordinary transactions of merchants, traders and financiers, such as unpaid supply invoices) of a specified value of ₹3 lakh or more. It requires pre-institution mediation under Section 12A unless urgent interim relief is sought, imposes a 120-day outer limit for the written statement, provides for case management hearings and summary judgment, and directs costs to follow the event.

How the Commercial Courts Act works in India

A supplier's suit for unpaid invoices of ₹3 lakh or more is a commercial dispute. Unless it needs urgent interim relief (such as attachment before judgment), the supplier first applies to the District Legal Services Authority for pre-institution mediation. If mediation fails or the buyer does not participate, a non-settlement report is issued and the suit is filed in the Commercial Court. The buyer must file its written statement within 120 days at most. The court holds a case management hearing, fixes dates for evidence and arguments, and can grant summary judgment if the buyer has no real prospect of defending. Appeals go to the Commercial Appellate Division within 60 days.

Why it matters for getting paid

The hard 120-day deadline for the written statement and the summary judgment power remove the usual delay tactics. Mediation under Section 12A itself resolves a good share of trade disputes, with a settlement enforceable like an arbitral award. For claims that qualify, the Commercial Court is now the preferred civil forum. See specified value, pre-institution mediation and summary suit.

How FundRaksha uses it

For non-MSME clients with claims of ₹3 lakh and above, FundRaksha's advocates run the Section 12A mediation seriously, since it is an early settlement opportunity, and then file in the Commercial Court with a summary judgment application where the documents are clean. Across ₹50 Cr+ of invoices handled, the company has seen that strict timelines move buyers. Fee: 30% of recovery; court fees are the client's.

Worked example (hypothetical)

An Ahmedabad dye manufacturer (a medium enterprise, so outside Samadhaan) is owed ₹22,00,000 on invoices against a rate contract with 18% interest on delay. The specified value is above ₹3 lakh, so the dispute is commercial. Notice is ignored. Mediation under Section 12A is applied for on 1 April; the buyer attends one session and offers 50%; the mediator issues a non-settlement report on 15 June. The suit is filed on 1 July; the time from 1 April to 15 June is excluded from limitation. The written statement is filed on day 118. At the case management hearing the court fixes a summary judgment hearing; the buyer settles for ₹22,00,000 plus ₹3,96,000 interest (18% × 12 months, simple).

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

If it arises from a transaction between merchants or traders or an agreement for sale of goods or services, and the value is ₹3 lakh or more, yes. Below ₹3 lakh the ordinary civil court hears it.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.