Last Updated: April 2026 | LegalFund India — Pan India | ~4 min read
Your client hasn’t paid. Your supplier breached the contract. Your business partner pulled out mid-project.
You want to file a case.
But then someone asks — “Do you actually qualify to file a commercial dispute case in India?”
And you pause. Because you assumed anyone could. But the law has specific rules about who can file, in which court, for what type of dispute, and above what value.
Get it wrong — and your case gets rejected before it even begins.
This blog answers the question completely — in plain language. Who can file a commercial dispute case in India, what qualifies, and what you need to get started.
📌 Quick Answer
Any person, company, partnership firm, LLP, MSME, or organisation that is a party to a commercial dispute above ₹3 lakh in value can file a case before the Commercial Court in India under the Commercial Courts Act, 2015. This includes Indian individuals, Indian companies, foreign companies operating in India, and government entities involved in commercial transactions. For a full breakdown of what qualifies and how commercial courts work, read our guide on Commercial Disputes Under the Commercial Courts Act.
💔 Meet Deepika — She Thought She Couldn’t File. She Was Wrong.
Deepika Nair is a freelance UX designer in Pune. She completed a 4-month project for a Bengaluru-based tech startup — a full product redesign worth ₹6.8 lakh. The startup founder kept delaying payment, then stopped responding entirely.
Deepika assumed she couldn’t file a “commercial case” — she thought that was only for big companies and corporates.
She was wrong.
She is an individual providing professional services. The dispute involves a written contract. The value is above ₹3 lakh. The other party is a business.
Deepika qualifies — completely — to file before the Bengaluru Commercial Court.
When a lawyer confirmed this, she sent a legal notice. The startup paid ₹5.4 lakh within 3 weeks — before the case was even filed.
The knowledge that she had the right to file was itself the power.
⚖️ Who Exactly Can File a Commercial Dispute Case in India?
The Commercial Courts Act, 2015 does not restrict who can file. Any of the following can be a claimant in a commercial dispute:
Individual Professionals and Freelancers — a consultant, designer, architect, IT professional, or any individual who provided services under a commercial agreement and was not paid. If the contract was commercial in nature and the value is above ₹3 lakh — you qualify.
Sole Proprietors — a single-person business that supplied goods or services and faces non-payment or contract breach. Sole proprietors have full standing to file commercial suits.
Partnership Firms — any registered or unregistered partnership firm that is party to a commercial transaction can file. Disputes between partners over business assets also qualify in many cases.
Limited Liability Partnerships (LLPs) — fully eligible. LLP disputes with clients, vendors, or third parties over commercial matters above ₹3 lakh go to Commercial Court.
Private and Public Limited Companies — the most common filers. Any company registered under the Companies Act that has a commercial dispute — unpaid invoices, contract breach, IP violation, shareholder disputes — can file.
MSMEs — registered MSMEs can file directly before the Commercial Court for disputes above ₹3 lakh. They also have a free additional route — the MSME Samadhaan portal — for payment recovery from buyers. For more on legal notice as a first step, read: How to Send a Legal Notice for Money Recovery in India.
Foreign Companies and Foreign Nationals — foreign entities doing business in India — through a subsidiary, joint venture, or direct operations — can file commercial dispute cases before Indian courts where the cause of action arose in India or the contract designates Indian jurisdiction.
Government and Public Sector Units (PSUs) — government bodies and PSUs engaged in commercial transactions can file and be made party to commercial disputes. Government contracts, infrastructure disputes, and commercial tenders all fall within this category.
Banks and NBFCs — financial institutions holding money decrees or pursuing commercial recovery can file execution petitions and commercial suits. For the full execution funding model, read: Decree Execution Funding India.
🔍 What Type of Dispute Qualifies as “Commercial”?
Filing in the Commercial Court requires that your dispute is a “commercial dispute” as defined under Section 2(c) of the Commercial Courts Act, 2015.
Your dispute qualifies as commercial if it involves:
- Supply of goods or provision of services under a contract
- Ordinary transactions between merchants, traders, or businesspersons
- Agreements relating to immovable property used exclusively for trade or commerce
- Intellectual property disputes — trademark, patent, copyright, design infringement
- Partnership agreements, shareholder agreements, joint venture agreements
- Franchise and distribution agreements
- Construction and infrastructure contracts
- Export-import transactions
- Insurance and re-insurance disputes of commercial nature
- Mercantile documents — bills of exchange, promissory notes, hundis
- Cheque bounce disputes in a commercial context
If both parties are businesses or one is a business — and the dispute is about money, goods, services, or a contract — it is almost certainly a commercial dispute.
For cheque bounce cases specifically — which run as both criminal (Section 138 NI Act) and civil commercial track simultaneously — read: Legal Action for Bounced Cheques in India.
💰 The ₹3 Lakh Threshold — What It Means
Here is the one number that determines whether your case goes to the Commercial Court or the regular Civil Court:
₹3 lakh.
If the value of your commercial dispute is ₹3 lakh or above — it must be filed before the Commercial Court. Not the regular Civil Court. Not any other forum.
Filing a commercial dispute worth ₹3 lakh or more in the regular Civil Court = your plaint gets returned under Section 11 of the Commercial Courts Act.
If your dispute is below ₹3 lakh — it goes to the regular Civil Court.
For a complete guide on choosing the right dispute resolution method — negotiation, arbitration, or commercial court — read: How to Resolve Commercial Disputes in India Through Arbitration.
🏛️ Which Commercial Court — Where to File?
Once you confirm you qualify and your dispute is commercial — the next question is which court.
The answer depends on two things: the value of your dispute and where the cause of action arose.
For disputes above ₹3 lakh — below the High Court’s original jurisdiction threshold — file before the District Commercial Court where the defendant carries on business or where the cause of action arose.
For high-value disputes that fall within the High Court’s original civil jurisdiction — file before the Commercial Division of the relevant High Court.
In Delhi — Commercial Courts sit at Saket, Tis Hazari, Dwarka, Karkardooma, and Rohini complexes. High-value matters go to the Delhi High Court Commercial Division.
Getting the court right from Day 1 is critical — wrong court means months of delay and returned plaints.
⚠️ One Step You Cannot Skip — Section 12A Mediation
Before filing any commercial suit in India — regardless of who you are — you must complete mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
This mediation is conducted through the Commercial Courts Mediation Centre or an authorised authority. Timeline: 30–45 days.
The only exception: if you are simultaneously applying for urgent interim relief — injunction, attachment before judgment — Section 12A can be bypassed.
Skip mediation without the urgency exemption — your plaint is rejected at the registry door. No exceptions.
📊 Quick Eligibility Check — Can You File?
| Who You Are | Dispute Type | Value | Can You File? |
|---|---|---|---|
| Freelancer / individual professional | Unpaid service fees | Above ₹3 lakh | ✅ Yes — Commercial Court |
| MSME supplier | Unpaid invoices from buyer | Above ₹3 lakh | ✅ Yes — Commercial Court or MSME Samadhaan |
| Private company | Contract breach by client | Above ₹3 lakh | ✅ Yes — Commercial Court |
| Foreign company | Dispute with Indian partner | Above ₹3 lakh | ✅ Yes — if cause of action in India |
| Individual | Personal loan to friend | Any value | ❌ No — Civil Court, not Commercial |
| Landlord | Commercial lease breach | Above ₹3 lakh | ✅ Yes — Commercial Court |
| Bank / NBFC | Money decree execution | Any value | ✅ Yes — CPC execution or DRT |
| Any party | Commercial dispute below ₹3 lakh | Below ₹3 lakh | ❌ No — Civil Court only |
💼 Can’t Afford to Fight? LegalFund Funds Your Commercial Dispute
Knowing you have the right to file is step one.
Being able to afford to fight it is step two — and where most valid claimants get stopped.
Commercial Court filings, advocate fees, Section 12A mediation, interim relief applications, trial proceedings — properly fighting a commercial dispute costs ₹3–12 lakh in legal fees depending on complexity.
For individuals, freelancers, MSMEs, and businesses that have already lost money in the dispute — this second financial hit is often impossible to absorb.
LegalFund funds your entire commercial dispute — at zero upfront cost.
We pay all legal costs. We choose the right court. We complete Section 12A mediation. We file interim relief to protect your assets. We fight through to recovery.
You pay only after we recover your money. No recovery — no fee.
Whether you are a freelancer with a ₹6 lakh unpaid invoice or a company with a ₹6 crore breach of contract — if your dispute qualifies, LegalFund can fund it.
Learn exactly how it works: Commercial Litigation Funding India
Submit your case: legalfund.in/contact — free expert review in 10 days.
❓ FAQs — In Plain Language
Q: Can an individual (not a company) file a commercial dispute case in India? A: Yes — absolutely. Any individual who is a party to a commercial transaction — a freelancer, consultant, trader, or professional — can file a commercial dispute case if the dispute is commercial in nature and the value is above ₹3 lakh. The Commercial Courts Act does not restrict filing to companies only.
Q: Can a foreign company file a commercial dispute case in Indian courts? A: Yes. Foreign companies doing business in India — through a subsidiary, branch, JV, or direct operations — can file commercial dispute cases in Indian Commercial Courts where the cause of action arose in India or the contract designates Indian jurisdiction.
Q: What is the minimum amount for filing in Commercial Court? A: ₹3 lakh. Disputes below ₹3 lakh go to the regular Civil Court regardless of their commercial nature.
Q: Can I file if the dispute involves a verbal contract — no written agreement? A: Yes — but it is significantly harder to prove. Commercial Courts will hear the case, but you need other evidence to establish the agreement — emails, WhatsApp messages, payment records, invoices, witness testimony. Always try to get agreements in writing.
Q: Do I need to complete mediation before filing a commercial case? A: Yes — Section 12A mediation is mandatory before filing any commercial suit unless you are simultaneously applying for urgent interim relief. The mediation certificate or urgency grounds must be attached to your plaint.
Q: Is an MSME payment dispute a commercial dispute? A: Yes. An MSME’s dispute with a buyer for non-payment of invoices is a commercial dispute. MSMEs can either file before the Commercial Court or use the MSME Samadhaan portal — whichever is more appropriate for their situation.
Q: Can LegalFund fund my commercial dispute even if I am an individual or MSME? A: Yes. LegalFund funds commercial disputes for individuals, MSMEs, companies, and organisations — any party with a valid, fundable commercial claim. Submit your case at legalfund.in/contact for a free review.
💡 Final Thought
The most common reason valid commercial dispute claimants never file is not lack of merit.
It is one of two things:
Either they don’t know they qualify — like Deepika, who thought commercial courts were only for big companies.
Or they know they qualify but cannot afford the legal costs of fighting — especially after already losing money in the dispute.
Both barriers are solvable.
The Commercial Courts Act gives you the right. LegalFund gives you the financial firepower.
You qualify. You can fight. And you don’t have to pay until you win.
👉 Submit your case at legalfund.in/contact — free expert review in 10 days.