What types of disputes does this practice cover?

The practice covers civil, commercial, corporate, constitutional and regulatory disputes. This includes contractual and recovery claims, property and construction disputes, shareholder and management disputes before the National Company Law Tribunal, writ proceedings challenging State or regulatory action, and appeals arising from any of these before the High Courts and the Supreme Court.

Which court will hear my dispute?

Jurisdiction depends on the nature of the claim, its value, the subject matter and where the cause of action arose. Commercial disputes above the notified value are heard by Commercial Courts. Company law matters go before the National Company Law Tribunal. Challenges to State action lie in writ jurisdiction before a High Court. The correct forum is assessed matter by matter.

What is a commercial dispute under the Commercial Courts Act, 2015?

The Act defines commercial disputes to include disputes arising from ordinary transactions of merchants and traders, construction and infrastructure contracts, joint venture and shareholder agreements, intellectual property, and other categories set out in the statute, where the value meets the specified threshold. Such disputes follow a distinct procedure with defined timelines.

Is mediation required before filing a commercial suit?

The Commercial Courts Act, 2015 requires pre-institution mediation in commercial suits that do not contemplate urgent interim relief. Where urgent interim relief is sought, the suit may be instituted without first exhausting that process. Whether the exception applies depends on the facts of the matter.

What is the difference between an appeal and a writ petition?

An appeal challenges a decision of a lower court or tribunal within a defined statutory hierarchy, generally on grounds of error in the decision. A writ petition invokes the constitutional jurisdiction of a High Court under Article 226 or the Supreme Court under Article 32, typically against State action or an authority acting without jurisdiction.

How long does litigation in India take?

Timelines vary substantially with the forum, the nature of the proceedings and the conduct of the parties. Commercial Courts and several tribunals operate under statutory timelines, while ordinary civil suits do not. No reliable estimate can be given without reference to the specific matter and forum.

Litigation & Dispute Resolution

Litigation and dispute resolution covers the conduct of contested proceedings before Indian courts and tribunals, from institution of a suit or petition through trial, appeal and enforcement. Sagar & Sagar Law Offices advises and appears in civil, commercial, corporate, constitutional and regulatory disputes before the Supreme Court of India, the High Courts, District and Commercial Courts, and statutory tribunals. The practice covers the full lifecycle of a dispute, including pre-litigation assessment, interim relief, trial, appellate proceedings and execution.

Litigation in India is conducted across a layered system of forums, each with distinct procedure, jurisdiction and limitation requirements. A commercial dispute may proceed before a Commercial Court under the Commercial Courts Act, 2015; a challenge to State action may lie in writ jurisdiction before a High Court; a company law dispute may fall before the National Company Law Tribunal. Identifying the correct forum at the outset materially affects how a matter proceeds.

The practice at Sagar & Sagar Law Offices is structured around this reality. Work involves assessing the cause of action and limitation position, selecting the appropriate forum and remedy, securing interim protection where the circumstances require it, conducting pleadings and evidence, and carrying matters through appeal and execution where necessary. The firm acts both for parties initiating proceedings and for those defending them.

Scope of work

Civil and commercial litigation

Disputes arising from contracts, commercial relationships and property, conducted under the Code of Civil Procedure, 1908 and, where applicable, the Commercial Courts Act, 2015.

Contractual disputes, including breach, termination and damages claims
Suits for recovery of money and enforcement of monetary claims
Specific performance and injunctive relief under the Specific Relief Act, 1963
Applications for interim relief, including temporary injunctions, attachment before judgment and appointment of receivers
Pre-institution mediation and settlement processes applicable to commercial suits
Property, title and real estate disputes
Construction and infrastructure disputes
Insurance disputes
Consumer disputes before consumer commissions

Corporate and shareholder disputes

Contested matters arising from the internal affairs, management and ownership of companies.

Oppression and mismanagement proceedings before the National Company Law Tribunal
Shareholder and joint venture disputes
Disputes concerning shareholders' agreements, share transfers and exit rights
Director and officer liability proceedings
Disputes arising out of mergers, acquisitions and corporate restructuring
Enforcement of contractual rights against corporate counterparties

Constitutional and regulatory litigation

Proceedings involving State action, statutory authorities and regulatory decisions.

Writ petitions before the High Courts under Article 226 and before the Supreme Court under Article 32
Challenges to administrative and regulatory orders
Public interest litigation
Service and employment-related writ proceedings
Challenges to the vires of subordinate legislation and executive action
Representation in regulatory show-cause and enforcement proceedings

Appellate and Supreme Court practice

Carriage of matters through the appellate hierarchy.

First and second appeals before the High Courts
Special leave petitions and civil appeals before the Supreme Court of India
Review, revision and restoration applications
Appeals from tribunal orders to the High Courts and Supreme Court
Transfer petitions and applications for consolidation of proceedings

Enforcement and execution

Steps taken after a decree, award or order is obtained.

Execution petitions and enforcement of decrees
Enforcement of arbitral awards, including foreign awards
Contempt proceedings for wilful disobedience of court orders
Attachment and sale in execution
Cross-border and multi-jurisdictional enforcement issues

Forums and authorities

Supreme Court of India
High Courts across India, in original, appellate and writ jurisdiction
District and Sessions Courts and Courts of Civil Judges
Commercial Courts and Commercial Divisions constituted under the Commercial Courts Act, 2015
National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
Debts Recovery Tribunals (DRT) and the Debts Recovery Appellate Tribunal (DRAT)
National, State and District Consumer Disputes Redressal Commissions
Statutory and regulatory tribunals, including tax and telecom appellate tribunals
Arbitral tribunals and courts exercising supervisory jurisdiction under the Arbitration and Conciliation Act, 1996

Who we act for

Companies and limited liability partnerships
Banks, non-banking financial companies and financial institutions
Promoters, shareholders and directors
Partnership firms and proprietorships
Public sector undertakings and statutory bodies
Individuals and family businesses
Foreign entities requiring representation in Indian proceedings

How we approach this work

Forum and remedy assessment at the outset.

Before proceedings are initiated, the cause of action, limitation position and available forums are assessed, so that the choice of remedy is deliberate rather than default.

Attention to interim protection.

In many disputes the interim stage determines the practical position of the parties for the duration of the litigation. Applications for interim relief are treated as a substantive stage of the matter, not a formality.

Documentary discipline.

Pleadings, documents and evidence are prepared on the footing that they will be tested in cross-examination and on appeal.

Continuity through appeal.

Matters are conducted with the appellate record in view, so that the position taken at trial remains coherent if the matter travels upward.

Frequently asked questions

What types of disputes does this practice cover?: The practice covers civil, commercial, corporate, constitutional and regulatory disputes. This includes contractual and recovery claims, property and construction disputes, shareholder and management disputes before the National Company Law Tribunal, writ proceedings challenging State or regulatory action, and appeals arising from any of these before the High Courts and the Supreme Court.
Which court will hear my dispute?: Jurisdiction depends on the nature of the claim, its value, the subject matter and where the cause of action arose. Commercial disputes above the notified value are heard by Commercial Courts. Company law matters go before the National Company Law Tribunal. Challenges to State action lie in writ jurisdiction before a High Court. The correct forum is assessed matter by matter.
What is a commercial dispute under the Commercial Courts Act, 2015?: The Act defines commercial disputes to include disputes arising from ordinary transactions of merchants and traders, construction and infrastructure contracts, joint venture and shareholder agreements, intellectual property, and other categories set out in the statute, where the value meets the specified threshold. Such disputes follow a distinct procedure with defined timelines.
Is mediation required before filing a commercial suit?: The Commercial Courts Act, 2015 requires pre-institution mediation in commercial suits that do not contemplate urgent interim relief. Where urgent interim relief is sought, the suit may be instituted without first exhausting that process. Whether the exception applies depends on the facts of the matter.
What is the difference between an appeal and a writ petition?: An appeal challenges a decision of a lower court or tribunal within a defined statutory hierarchy, generally on grounds of error in the decision. A writ petition invokes the constitutional jurisdiction of a High Court under Article 226 or the Supreme Court under Article 32, typically against State action or an authority acting without jurisdiction.
How long does litigation in India take?: Timelines vary substantially with the forum, the nature of the proceedings and the conduct of the parties. Commercial Courts and several tribunals operate under statutory timelines, while ordinary civil suits do not. No reliable estimate can be given without reference to the specific matter and forum.

For enquiries relating to this practice area, please use the details on the Contact page.

Overview