Top Commercial Court Suit Advocate in Ahmedabad | 09925002031
About Commercial Court Act 2015
Advocate Paresh M Modi, a distinguished Commercial Court Advocate based in Ahmedabad, Gujarat, specializes in handling complex commercial court suits under the framework of the Commercial Courts Act, 2015. With extensive expertise in commercial court proceedings, Advocate Modi adeptly navigates the intricacies of disputes arising from ordinary transactions of merchants, traders, and financiers. His proficiency extends to handling cases involving contracts related to construction, infrastructure, intellectual property rights, and joint venture agreements. Advocate Modi’s practice is characterized by meticulous adherence to procedural requirements, ensuring that all filings, including plaints, affidavits, and relevant documents, meet the stringent standards set by the Act. He effectively represents clients in disputes involving high-value transactions, ensuring that the monetary thresholds specified by the Act are met. His legal acumen and deep understanding of the jurisdictional nuances of commercial courts make him a sought-after attorney for resolving complex commercial disputes. Whether dealing with summary suits or leveraging special procedures under the amended Civil Procedure Code, Advocate Paresh M Modi provides comprehensive legal solutions, ensuring swift and favorable outcomes for his clients in the competitive commercial landscape. The ability to handle any kind of tough cases makes Law Firm of Advocate Paresh M Modi one of the best law firms in Ahmedabad, Gujarat.
To file a suit in a Commercial Court under the Commercial Courts Act, 2015, certain criteria must be met. These criteria ensure that only disputes of a commercial nature, meeting specific monetary thresholds, are entertained by Commercial Courts.
The key criteria include
- Nature of the Dispute
The dispute must be of a commercial nature. As per the Commercial Courts Act, 2015, the following are considered commercial disputes:
– Ordinary transactions of merchants, bankers, financiers, and traders.
– Contracts of merchants, traders, bankers, and financiers such as those relating to mercantile documents, joint venture agreements, shareholders agreements, subscription and investment agreements, franchise agreements, distribution and licensing agreements, etc.
– Construction and infrastructure contracts, including tenders.
– Intellectual property rights.
– Agreements relating to immovable property used exclusively in trade or commerce.
– Franchising agreements.
– Distribution and licensing agreements.
– Management and consultancy agreements.
– Joint venture and other business agreements.
– Shareholder agreements, subscription and investment agreements, or other similar agreements.
– Partnership agreements.
– Technology development agreements.
– Outsourcing agreements.
– Banking and finance, including non-banking financial companies.
– Insurance and reinsurance.
– Contracts for the sale of goods or provision of services.
– Licensing (including licensing of software programs).
– Factoring and forfeiting.
– Securities and commodities trading.
– Agency and distributorship agreements.
– Business process outsourcing, or outsourcing contracts.
– Commercial exploitation of intellectual property, including trademarks, patents, designs, copyrights, trade secrets, and confidential information.
– Disputes arising out of unfair competition, whether or not related to intellectual property rights.
– Disputes between bankers and customers.
– Agreements relating to aircraft and aircraft engines, ships, vessels, and motor vehicles.
– Admiralty and maritime disputes.
– Carriage of goods.
– Project finance.
– Agreements for sale and purchase of goods or services without regard to the quantum of the dispute.
- Monetary Threshold
The specified value of the subject matter of the commercial dispute should be above a certain monetary threshold. The minimum value has been set at Rs. 3 lakhs (or any higher value as prescribed by the Central Government). The value is determined based on the amount claimed, whether in terms of money or the market value of the property or thing in dispute.
- Jurisdiction
The Commercial Courts Act, 2015, provides for the establishment of Commercial Courts at the District level and Commercial Divisions in High Courts having ordinary original civil jurisdiction. The jurisdiction of these courts depends on:
– The place where the cause of action wholly or in part arises.
– The place where the defendant resides or carries on business.
– The jurisdictional limits specified under the Act.
- Special Commercial Courts
In certain cases, the Central Government or the State Government can establish Special Commercial Courts to handle specific types of commercial disputes.
- Procedural Requirements
– The plaint should be filed with a list of documents, affidavits, and other relevant evidence.
– Summary suits and other special procedures under the Civil Procedure Code, 1908, as amended by the Commercial Courts Act, 2015, apply.
Suit Filing Process
– Drafting the Plaint: The plaint must clearly specify the nature of the dispute, the relief sought, and the value of the subject matter.
– Court Fees: Appropriate court fees must be paid as per the court fee structure applicable in the jurisdiction.
– Supporting Documents: All relevant documents and evidence must be attached to the plaint.
– Jurisdictional Verification: Ensure the suit is filed in the appropriate Commercial Court or Commercial Division of the High Court having jurisdiction.
Meeting these criteria ensures that the suit is properly classified as a commercial dispute and can be entertained by the Commercial Courts under the Act.
Reasons for convert the commercial court suit in Regular or Long Cause Suit
A commercial court may convert a commercial suit into a long cause suit under certain circumstances. Here are some possible grounds for such a conversion:
- Jurisdictional Issues: If it is found that the suit does not meet the criteria for a commercial suit as defined under the Commercial Courts Act, 2015, and falls under the jurisdiction of regular civil courts, the court may convert it to a long cause suit.
- Nature of the Dispute: If the subject matter of the dispute is determined not to be commercial in nature (e.g., not arising out of a commercial contract or transaction), the court may reclassify the suit as a long cause suit.
- Monetary Threshold: If the value of the suit is below the specified monetary threshold required for commercial suits, the court may convert it into a long cause suit.
- Complexity and Duration: If the case is found to be highly complex and expected to take longer to resolve, necessitating a more detailed examination typical of long cause suits, the court may decide on conversion.
- Procedural Grounds: If there are procedural irregularities or if the case does not comply with the procedural requirements for commercial suits, the court might convert it to a long cause suit.
- Amendments in Pleadings: Significant amendments in the pleadings that change the nature of the dispute from a commercial to a non-commercial matter can also be a ground for conversion.
Relevant Legal Provisions
– Commercial Courts Act, 2015: This Act governs the establishment and functioning of commercial courts and specifies the criteria for a suit to be classified as a commercial suit.
– Civil Procedure Code, 1908: General procedural rules that apply to all civil suits, including the conversion of suits from one category to another.
Case Law
Various judicial precedents might also outline the circumstances under which a commercial suit can be converted into a long cause suit. Courts generally consider the specifics of each case, including the nature of the dispute, the relief sought, and the overall context.
For precise guidance, it would be advisable to consult relevant judgments and legal commentaries that address the conversion of commercial suits into long cause suits under Indian law.
If you have any civil litigation suit related to business transaction or Good and Service disputes or Franchise Agreement, you may contact Advocate Paresh M Modi, based Ahmedabad Gujarat, Call on Mobile No. 9925002031 to book the Appointment.