Commercial dispute preparation
Commercial suit in Kolkata: organise the contract, claim and forum before filing
A commercial dispute can involve unpaid invoices, supply failures, lease obligations, service contracts, shareholder arrangements, business assets or other contractual claims. Before litigation begins, the record should be organised around the agreement, breach, monetary calculation, limitation and the relief actually required.
Commercial-suit document checklist
- Executed contract, amendments, purchase orders and applicable terms.
- Invoices, delivery records, ledger statements and payment acknowledgements.
- Emails, notices and correspondence dealing with performance or breach.
- Legal notices, responses and settlement proposals already exchanged.
- Evidence relevant to urgent injunction, asset preservation or other interim relief.
- A calculation of the principal claim, interest basis and payments already received.
- A chronology linking each disputed event to its supporting document.
Check arbitration and pre-institution requirements before filing
An arbitration clause can materially change the appropriate forum and remedy. Where the dispute falls within the Commercial Courts Act, 2015, Section 12A provides for pre-institution mediation for a suit that does not contemplate urgent interim relief. Whether that requirement applies should therefore be assessed before filing rather than after papers are prepared.
Official reference: Commercial Courts Act, 2015.
Five questions for the first litigation review
- What contractual obligation was breached and what document proves it?
- Is the claim within limitation and is there a written acknowledgement affecting the chronology?
- Does the agreement contain arbitration, exclusive-jurisdiction or notice provisions?
- Is urgent interim protection genuinely required?
- What is the commercially realistic result: payment, specific restraint, possession, declaration, settlement or arbitration?
Related KLS commercial services
Commercial suit FAQs
Does every contract dispute require a commercial suit?
No. Arbitration, negotiation, mediation, statutory remedies or another forum may be more appropriate depending on the contract and dispute.
When does pre-institution mediation matter?
Section 12A of the Commercial Courts Act addresses pre-institution mediation for commercial suits that do not contemplate urgent interim relief. Applicability should be checked on the facts.
Should damages be estimated before filing?
The monetary claim should be supported by the contract, invoices, payment record and a transparent calculation rather than a broad unsupported figure.
Last reviewed: 17 September 2026. General legal information only; forum, limitation and relief depend on the governing contract, law and facts.
