| Authored by R & D Law Chambers | Practice led by Ravish Bhatt, Advocate, Bar Council of Gujarat (Enrolment G/504/2008), Solicitor of the Senior Courts of England and Wales (SRA No. 492 477, non-practising), and ADIT, Chartered Institute of Taxation, London
Published: 10 August 2026 | Last reviewed: 10 August 2026 |
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The chambers’ commercial litigation practice
Commercial Courts and pre-institution mediation
Injunctions and interim relief
Where a dispute belongs: related forums
Ravish Bhatt, Dilip Bhatt and other advocates of R & D Law Chambers, enrolled with the Bar Council of Gujarat, act in commercial and civil disputes before the courts in Gujarat, including the Commercial Courts, the City Civil Court, the District Courts and the High Court of Gujarat at Ahmedabad. The practice covers contract disputes, recovery, injunctions and other commercial litigation, with appearances made by the chambers’ advocates in their individual capacity.
The chambers’ commercial litigation practice
R & D Law Chambers acts in commercial and civil disputes across the courts in Gujarat: contract and commercial disputes, recovery and summary suits, injunctions and interim relief, shareholder, partnership and business disputes, and the enforcement of decrees. Matters are conducted before the Commercial Courts, the City Civil Court, the District Courts and the High Court.
The practice acts for businesses and individuals from the drafting of the plaint or the notice through trial, judgment and, where required, appeal and execution. Where a dispute is governed by an arbitration agreement, falls under the insolvency regime, or calls for a constitutional remedy, it is dealt with under the firm’s arbitration, insolvency and High Court practices, to which this page links below.
Commercial Courts and pre-institution mediation
Commercial disputes of a specified value are tried by the Commercial Courts established under the Commercial Courts Act, 2015. The specified value must be at least three lakh rupees. Before instituting such a suit, a party must ordinarily exhaust pre-institution mediation under Section 12A of the Act, unless the suit contemplates urgent interim relief.
Under the Commercial Courts Act, 2015, as amended in 2018, the specified value of a commercial dispute must not be less than three lakh rupees. In Patil Automation Private Limited v Rakheja Engineers Private Limited (2022), the Supreme Court held that pre-institution mediation under Section 12A is mandatory, and that a suit filed without exhausting it, where no urgent interim relief is sought, is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure. A suit that genuinely contemplates urgent interim relief is exempt from this requirement.
Injunctions and interim relief
In a commercial or civil suit the court may grant interim relief to preserve the position pending trial: a temporary injunction under Order 39 of the Code of Civil Procedure, or attachment before judgment under Order 38. Interim relief is granted on the established tests of a prima facie case, the balance of convenience, and irreparable injury.
A temporary injunction under Order 39 restrains a party from acting to the prejudice of the applicant pending the suit. Attachment before judgment under Order 38 is available where a defendant is about to dispose of property to obstruct or delay execution. A party seeking genuine urgent interim relief may institute a commercial suit without first undergoing pre-institution mediation.
Recovery and summary suits
A claim for a debt or a liquidated demand arising from a written contract, a bill of exchange or a similar instrument may be pursued by summary suit under Order 37 of the Code of Civil Procedure, in which the defendant must obtain the leave of the court to defend. This provides a faster route to judgment in a clear money claim.
Order 37 applies to suits on bills of exchange, promissory notes and written contracts for a liquidated amount. Leave to defend is granted where the defendant raises a triable issue. A disputed or unliquidated claim is pursued by ordinary suit.
Appeals and enforcement
An appeal from a decree or an appealable order of a Commercial Court lies to the Commercial Appellate Division of the High Court, or to the Commercial Appellate Court, under the Commercial Courts Act. A decree is enforced by execution proceedings under the Code of Civil Procedure.
The Commercial Courts Act restricts the orders that are appealable, to limit interlocutory delay. Execution of a decree is pursued under Order 21 of the Code of Civil Procedure, by attachment and sale of property, arrest, the appointment of a receiver, or other modes as the case requires.
Where a dispute belongs: related forums
Not every commercial dispute is litigated as a suit. Where the parties have agreed to arbitrate, the dispute is referred to arbitration; where a company is insolvent, the remedy lies under the insolvency regime before the National Company Law Tribunal; and where the challenge is to State or regulatory action, the remedy is a writ before the High Court. These are handled under the firm’s arbitration, insolvency and Gujarat High Court practices.
The advocates who appear
Appearances are made by the chambers’ advocates in their individual capacity. Ravish Bhatt and Dilip Bhatt, both enrolled with the Bar Council of Gujarat, act in commercial and civil disputes before the courts in Gujarat, together with other advocates of the chambers.
Ravish Bhatt is an Advocate enrolled with the Bar Council of Gujarat (Enrolment G/504/2008) and leads the chambers’ practice. He is also a Solicitor of the Senior Courts of England and Wales (non-practising) and holds the Advanced Diploma in International Taxation (ADIT) of the Chartered Institute of Taxation, London.
Dilip Bhatt is an Advocate enrolled with the Bar Council of Gujarat (Enrolment No. G/164/1978). He was enrolled in 1978 and earlier served as a Magistrate.
Frequently asked questions
What is the minimum value for a commercial suit?
A commercial dispute is tried by a Commercial Court where its specified value is at least three lakh rupees, under the Commercial Courts Act, 2015 as amended in 2018. Disputes below that value, and non-commercial civil disputes, are tried by the ordinary civil courts.
Is mediation required before filing a commercial suit?
Yes. Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory unless the suit contemplates urgent interim relief. In Patil Automation v Rakheja Engineers (2022), the Supreme Court held that a suit filed without exhausting this mediation, where no urgent relief is sought, is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure.
Can I obtain an injunction in a commercial dispute?
Yes. The court may grant a temporary injunction under Order 39 of the Code of Civil Procedure, or order attachment before judgment under Order 38, to preserve the position pending trial. Interim relief is granted on the tests of a prima facie case, the balance of convenience, and irreparable injury.
How can a clear money claim be recovered quickly?
A debt or liquidated demand under a written contract, bill of exchange or promissory note may be pursued by summary suit under Order 37 of the Code of Civil Procedure, in which the defendant must obtain the leave of the court to defend. This is faster than an ordinary suit where the claim is clear.
Where does an appeal from a Commercial Court go?
An appeal from a decree or an appealable order of a Commercial Court lies to the Commercial Appellate Division of the High Court, or to the Commercial Appellate Court, under the Commercial Courts Act. The Act limits the orders that are appealable in order to reduce interlocutory delay.
Which disputes are handled by arbitration or insolvency instead?
Where the parties have agreed to arbitrate, the dispute is referred to arbitration; where a company is insolvent, the remedy lies before the National Company Law Tribunal under the insolvency regime; and where the challenge is to State or regulatory action, the remedy is a writ before the High Court. These are handled under the firm’s separate practices.
Related services
The following practices at R & D Law Chambers connect with commercial disputes and litigation:
Gujarat High Court Lawyers, Ahmedabad: writ petitions, appeals and other matters before the High Court of Gujarat.
Arbitration: domestic and institutional arbitration, and related court proceedings under the Arbitration and Conciliation Act.
Insolvency & Bankruptcy (IBC / NCLT): creditor and debtor representation before the National Company Law Tribunal.
Contract Drafting, Review and Management: commercial agreements drafted with enforcement and dispute strategy built in.
Taxation (Direct, Indirect & International): tax and revenue litigation, including matters that reach the High Court.
International EPC Contract Advisory and Dispute Resolution: engineering, procurement and construction contract disputes.
Disclaimer
| This page is published by R & D Law Chambers for general informational purposes only. It is not an advertisement, solicitation or inducement of any kind, and no work is solicited through it. Nothing on this page constitutes legal advice, and no advocate-client relationship is created by accessing or relying on it. The law stated is general and may not apply to a particular set of facts; each matter must be assessed on its own facts and on current authority. Advocates of R & D Law Chambers are enrolled with the Bar Council of Gujarat and appear before the courts in their individual capacity. R & D Law Chambers is registered under the Indian Advocates Act. |