Forum Index — where commercial matters are decided in India


Reference index

Forum Index — where commercial matters are decided in India.

Every forum where Indian commercial disputes are decided — Supreme Court down to specialised tribunals and regulatory authorities. Each entry sets out the jurisdiction, the procedural framework, the appeal path, and the procedural quirks that decide more cases than the merits.

Apex and constitutional courts

Supreme Court of India

Jurisdiction: Constitutional under arts 32, 131–138; appellate under art 136 (Special Leave Petition); statutory civil appeals under provisions including IBC s 62. Procedure: Supreme Court Rules 2013. Filing only by an Advocate-on-Record (Order IV r 1). Appeal: Review under art 137; curative petition where threshold met. Quirk: Most matters do not survive the SLP threshold; most that do are decided on a single point of law. Drafting must isolate that point.

High Courts (all 25)

Jurisdiction: Writ under art 226; original civil under Letters Patent (Bombay, Calcutta, Madras, Delhi); ordinary appellate under CPC; commercial division under Commercial Courts Act 2015. Procedure: Rules of each High Court read with the CPC and the Commercial Courts Act. Appeal: Letters Patent or Section 13 of the Commercial Courts Act; thereafter SLP to the Supreme Court. Quirk: Territorial jurisdiction under CPC s 20 read with the cause-of-action limb is the most-defaulted threshold defence.

Commercial and civil first-instance forums

Commercial Courts (district level) and Commercial Divisions of High Courts

Jurisdiction: Commercial Courts Act 2015. Commercial dispute as defined in s 2(1)(c) above the specified value (currently INR 3 lakh, raised in some High Courts). Procedure: CPC as amended by the Act, with strict timelines under Order V (summons), Order VIII (written statement; 30+90 day cap), Order XIIIA (summary judgment), Order XV-A (case management). Pre-institution mediation under s 12A is a statutory pre-condition (subject to urgent-relief carve-out). Appeal: Commercial Appellate Division under s 13. Quirk: The 120-day combined limit on filing the written statement under Order VIII rr 1 and 10 is treated as mandatory.

Civil courts (district court hierarchy)

Jurisdiction: CPC. Pecuniary and territorial jurisdiction by State legislation. Procedure: Code of Civil Procedure 1908. Appeal: First appeal to High Court / District Court depending on pecuniary slab; second appeal under CPC s 100 on substantial questions of law only. Quirk: Order XXXVII summary procedure for negotiable instruments and liquidated demands compresses the timeline materially when leave to defend is contested.

Insolvency and corporate tribunals

National Company Law Tribunal (NCLT)

Jurisdiction: Companies Act 2013 ss 241–242 (oppression and mismanagement), 245 (class action), 230–232 (compromises and arrangements); IBC s 60 (CIRP, liquidation, personal guarantor). Procedure: NCLT Rules 2016; IBBI Regulations for IBC matters. Appeal: NCLAT under Companies Act s 421 and IBC s 61. Quirk: Section 60(5) jurisdiction is broad but limited by Embassy Property Developments Pvt Ltd v State of Karnataka (2020) 13 SCC 308 (SC); cannot exercise judicial review over State administrative decisions.

National Company Law Appellate Tribunal (NCLAT)

Jurisdiction: Appeals under Companies Act s 421 and IBC s 61. Also CCI appeals under Competition Act s 53A. Procedure: NCLAT Rules 2016. Appeal: Civil appeal to the Supreme Court under Companies Act s 423 and IBC s 62. Quirk: Cannot substitute its commercial wisdom for the Committee of Creditors after Committee of Creditors of Essar Steel India Ltd v Satish Kumar Gupta (2020) 8 SCC 531 (SC).

Arbitral tribunals and ADR

Arbitral tribunals (institutional and ad-hoc)

Jurisdiction: Arbitration and Conciliation Act 1996. Institutional rules where institution chosen (MCIA, ICA, DIAC, SIAC, LCIA, ICC). Procedure: Tribunal’s rules of procedure subject to mandatory provisions of the 1996 Act. Court intervention available under ss 9 (interim relief), 11 (appointment), 27 (evidence-gathering assistance), 34 (set-aside), 36 (enforcement). Appeal: No appeal on merits; set-aside challenge under s 34. Quirk: The seat (not venue) determines the supervisory court and the standard of review.

Mediation under the Mediation Act 2023

Jurisdiction: Voluntary or pre-institution under Commercial Courts Act s 12A. Procedure: Mediation Act 2023. Mediated settlement agreements are enforceable as decrees of a civil court under s 27. Appeal: No appeal mechanism; settlement is final unless set aside under s 28 grounds (fraud, corruption, impersonation, mediator misconduct). Quirk: The Section 12A pre-institution mediation requirement is mandatory; suits filed without exhausting it are not maintainable per Patil Automation (P) Ltd v Rakheja Engineers (P) Ltd (2022) 10 SCC 1 (SC) [verification recommended against the official reporter before reliance].

Sectoral tribunals and regulators

Real Estate Regulatory Authorities (state-wise) and Real Estate Appellate Tribunals

Jurisdiction: Real Estate (Regulation and Development) Act 2016, ss 31 (complaint) and 43–44 (appellate tribunal). Procedure: RERA Rules of each State. Appeal: Real Estate Appellate Tribunal; thereafter writ to High Court under art 226 on jurisdictional grounds. Quirk: Choice of forum — RERA, NCDRC, IBC, or civil court for specific performance — depends on the relief actually sought; the same dispute may have different forums for different reliefs.

Competition Commission of India and NCLAT (competition-side)

Jurisdiction: Competition Act 2002; combinations under s 5–6, anti-competitive conduct under ss 3–4, abuse of dominance. Procedure: CCI (General) Regulations 2009; combination regulations 2011. Appeal: NCLAT under s 53A; thereafter Supreme Court. Quirk: Combination notification thresholds revised periodically; check current notifications before filing.

Securities and Exchange Board of India (SEBI) and Securities Appellate Tribunal (SAT)

Jurisdiction: SEBI Act 1992; LODR, PIT, SAST, ICDR Regulations. Procedure: SEBI (Procedure for Holding Inquiry and Imposing Penalties) Regulations 2002. Appeal: SAT under SEBI Act s 15T; thereafter Supreme Court under s 15Z on substantial questions of law. Quirk: SAT timeline-bound; SEBI examinations and consent orders are separate procedural tracks.

Reserve Bank of India and DRT / DRAT

Jurisdiction: RBI Act 1934; FEMA 1999 (compounding under s 15). DRT under RDB Act 1993; DRAT on appeal. SARFAESI under SARFAESI Act 2002. Procedure: RBI Master Directions; DRT / DRAT Rules. Appeal: DRT → DRAT → High Court (writ on jurisdictional grounds). Quirk: SARFAESI s 17 challenge before DRT is mandatory before any other forum is engaged.

Income Tax Appellate Tribunal (ITAT) and tax forums

Jurisdiction: Income-tax Act 1961 ss 252–255 (ITAT); Central Excise / Customs Tribunal; GST Appellate Tribunal. Procedure: ITAT Rules 1963; respective tribunal rules. Appeal: High Court under Income-tax Act s 260A on substantial questions of law; thereafter Supreme Court. Quirk: Direct-tax litigation operates on a four-tier track (AO → CIT(A) → ITAT → High Court → Supreme Court) with strict statutory timelines at each tier.

Intellectual property registries

Trademark Registry, Copyright Office, Patent Office, Designs Office

Jurisdiction: Trade Marks Act 1999; Copyright Act 1957; Patents Act 1970; Designs Act 2000. Procedure: Trade Marks Rules 2017; Patents Rules 2003 (as amended). Appeal: Following the abolition of the IPAB, appeals lie to the Commercial Division of the relevant High Court (Delhi, Bombay, Calcutta, Madras for IP). Quirk: Trademark opposition is a contentious-but-administrative process before the Registry; infringement is a separate civil suit before the Commercial Division.

Consumer and other special forums

National, State, and District Consumer Disputes Redressal Commissions

Jurisdiction: Consumer Protection Act 2019. Pecuniary slabs: District up to INR 1 crore; State up to INR 10 crore; National above INR 10 crore. Procedure: Consumer Protection (Consumer Commission Procedure) Regulations 2020. Appeal: District → State → National → Supreme Court (SLP). Quirk: The 2019 Act expanded the definition of consumer to include e-commerce buyers and tightened director liability for unfair trade practices.

This index is informational. Procedural rules and pecuniary slabs are revised from time to time; verify against the current rules before filing. Citations follow OSCOLA. Sector-specific quasi-judicial forums (TRAI, IRDAI, AERB, FSSAI, CDSCO, CERC/SERC) are addressed on the relevant practice pages. The list is not exhaustive. Use of this site is subject to Bar Council of India Rule 36 framework.