Filing a Commercial Suit in Delhi High Court: A Practical Guide

The Commercial Courts Act 2015, and the Delhi High Court's Commercial Division established under it, have transformed high-value commercial litigation in Delhi. Disputes above ₹3 crore (the specified value) are assigned to the Commercial Division, which operates with mandatory case management, strict timelines, and a culture of expeditious disposal. **Jurisdiction** The Delhi High Court's Commercial Division has original jurisdiction over commercial disputes above ₹3 crore involving: - Ordinary transactions of merchants and bankers - Admiralty and maritime law - Real property used exclusively in trade and commerce - Intellectual property rights - Joint venture agreements, shareholders agreements - Mercantile documents — bills of exchange, promissory notes - Franchise agreements, distribution agreements - Construction and infrastructure contracts **The Statement of Truth Requirement** A distinctive feature of Commercial Court pleadings is the mandatory statement of truth — a declaration by the party (not just the advocate) that the facts stated are true to their knowledge and belief. A false statement of truth exposes the declarant to criminal liability. **Case Management** Commercial Courts have mandatory case management hearings. The court issues directions on: - Whether summary judgment is appropriate - Disclosure and inspection of documents - Expert evidence - Trial date and timeline **The Discovery and Disclosure Regime** Commercial Courts require parties to give standard disclosure of documents — both those the party relies on and those that adversely affect the party's case. The obligation is more extensive than in ordinary civil litigation. **Interim Relief** Urgency-based interim injunctions in commercial suits are typically heard within days by the Commercial Division. The balance of convenience test, irreparable harm, and prima facie case arguments must be prepared with precision. **The Strategic Value of the Commercial Division** For high-value commercial disputes, the Commercial Division is faster, more sophisticated, and more likely to grant meaningful interim relief than district courts. Structuring a dispute to fall within Commercial Court jurisdiction — by careful drafting of the cause of action and specified value — is part of good litigation strategy.