Commercial disputes directly affect cash flow, reputation and business relationships. Unpaid invoices, breach of supply or distribution agreements, partnership conflicts and failed joint ventures require an approach that protects the client's commercial interests — not merely a legal one.
With an MBA and an engineering background alongside a law degree, Adv. S. Mohamed Yunus approaches business disputes with an understanding of contracts, operations and finance. Manufacturers, traders, MSMEs and service businesses in Coimbatore are assisted through negotiation, pre-institution mediation, arbitration and commercial court proceedings.
Scope
Matters handled
- Breach of contractSupply, distribution, service, franchise and job-work agreements that have not been honoured.
- Recovery of duesUnpaid invoices and outstanding payments, including summary suits for recovery.
- MSME delayed paymentsClaims by registered micro and small enterprises before the MSME Facilitation Council.
- Partnership disputesDisputes among partners, dissolution of firms and settlement of accounts.
- ArbitrationArbitration proceedings, interim protection and enforcement or challenge of arbitral awards.
- Commercial court suitsSuits of specified value before commercial courts, including pre-institution mediation.
- Construction & engineering contractsDisputes over delay, quality, variations and payment in construction and engineering projects.
Process
How the process works
- 1
Contract review
Studying the agreement, purchase orders, invoices and correspondence to assess the claim.
- 2
Notice & negotiation
A formal demand notice and commercial negotiation towards settlement.
- 3
Mediation or arbitration
Pre-institution mediation where required, or invoking the arbitration clause.
- 4
Litigation & enforcement
Commercial suit, interim relief and enforcement of the decree or award.
Documents to keep ready
- Agreement, purchase orders and work orders
- Invoices, delivery challans and e-way bills
- Ledger statements and payment records
- Emails and communication with the other party
- Udyam (MSME) registration certificate, if applicable
- Partnership deed or board resolutions
Relevant laws
- Commercial Courts Act, 2015
- Arbitration and Conciliation Act, 1996
- Micro, Small and Medium Enterprises Development Act, 2006
- Indian Contract Act, 1872
- Indian Partnership Act, 1932
FAQ
Frequently asked questions
What is a commercial dispute under the Commercial Courts Act?
Disputes arising out of ordinary transactions of merchants, supply and service agreements, partnerships, construction and infrastructure contracts, franchising and similar business matters are commercial disputes when the specified value is ₹3 lakh or more.
Is mediation compulsory before filing a commercial suit?
Where no urgent interim relief is sought, the Commercial Courts Act requires the plaintiff to first attempt pre-institution mediation. The Supreme Court has held this requirement to be mandatory.
My buyer has not paid for more than 45 days. What can an MSME do?
Registered micro and small enterprises are entitled to payment within the agreed period (not exceeding 45 days) and to compound interest on delayed payments. A reference can be made to the MSME Facilitation Council for recovery.
What happens if the contract has an arbitration clause?
If there is a valid arbitration agreement, the dispute is generally referred to arbitration. Courts can grant interim measures and appoint arbitrators where the parties do not agree.
The information on this page is general in nature, based on the law as generally understood, and is not legal advice. Legal positions change and outcomes depend on the facts of each case. Please consult before acting on any information.
