Filing in the wrong court is the most avoidable of commercial-litigation errors — a return of plaint months later, limitation anxiety, and a demoralised client. Delhi's structure is distinctive: uniquely among Indian High Courts outside the presidency towns, the High Court of Delhi exercises ordinary original civil jurisdiction, so higher-value suits are instituted directly before it. The Commercial Courts Act, 2015 then overlays a specialised track for "commercial disputes" of a "specified value". The result is a forum map organised by two numbers and one definition. This article walks through it.
The map in one table
| Nature and value of claim | Forum in Delhi | Regime |
|---|---|---|
| Commercial dispute, below Rs 3 lakh | Ordinary civil court (district judiciary) | CPC without commercial-track modifications |
| Commercial dispute, Rs 3 lakh to Rs 2 crore | Commercial Court at district level | Commercial Courts Act procedures |
| Commercial dispute, above Rs 2 crore | Commercial Division, High Court of Delhi (original side) | Commercial Courts Act procedures; appeals to the Commercial Appellate Division |
| Non-commercial civil claim, above Rs 2 crore | High Court of Delhi, ordinary original side | CPC and the High Court\'s original side rules |
| Non-commercial civil claim, up to Rs 2 crore | District courts by ordinary pecuniary rules | CPC |
Two consequences of the structure deserve emphasis. First, the commercial track is not optional: a qualifying dispute filed as an ordinary suit is liable to be transferred or returned, and a non-qualifying dispute dressed up as commercial will be stripped of the label. Second, the valuation pleaded in the plaint drives the forum — which is why Section 12\'s computation rules, and the good-faith requirement built into them, are litigated at the threshold.
Valuation: where forum fights actually happen
What changes once you are on the commercial track
The Rs 2 crore line also matters after judgment: where a suit was tried on the High Court\'s original side, the appellate route lies within the High Court\'s appellate structure, while district-court decrees travel upward by the ordinary appellate rules. Forum choice at filing thus fixes the appellate geography of the entire dispute.
Characterise the dispute first — Section 2(1)(c) — then value it under Section 12, then read off the forum.
Compute interest to filing date before deciding whether you are a district-court or original-side litigant.
Complete Section 12A mediation, or plead the urgent-relief exception with substance, before institution.
Budget procedurally for the track you are entering: the commercial regime punishes casual pleading and leisurely written statements.
Delhi\'s two-number map — three lakh and two crore — resolves most forum questions in minutes, provided the dispute is honestly characterised and honestly valued. This article is general information and is not legal advice on any individual case.
Frequently Asked Questions
What is the minimum value for the commercial track?
The Commercial Courts Act applies to commercial disputes of a specified value of not less than three lakh rupees. Below that, even a plainly commercial claim proceeds as an ordinary civil suit. At or above it, the suit goes before a designated commercial court and the Act's special procedures — disclosure, the 120-day written statement limit, case management, summary judgment — apply.
When does a commercial suit go directly to the Delhi High Court?
When the value exceeds the pecuniary threshold of the High Court's ordinary original civil jurisdiction — rupees two crore. Commercial disputes above that line are instituted in the Commercial Division of the High Court; commercial disputes from three lakh up to two crore go before the commercial courts at district level.
Is my dispute a "commercial dispute" at all?
Section 2(1)(c) of the Act lists the categories — ordinary transactions of merchants and traders, construction and infrastructure contracts, agreements for sale of goods or services, intellectual property, joint ventures, and more. The listed relationship must be the substance of the dispute. A claim that is really matrimonial, testamentary or a simple private loan does not become commercial by being pleaded aggressively.
How is the "specified value" computed?
Under Section 12: for money claims, the amount claimed with interest computed to the filing date; for movable or immovable property or rights therein, the market value; for intangible rights, the estimated value pleaded in good faith. In arbitration-related proceedings, the value of the underlying claim in the arbitration governs.