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Unpaid Invoices of MSME by Limited company
30-Jul-2026 (In Recovery Law)
I am Udyam Regd MSME in Financial Services arranging loan from Banks to Companies.
A company has paid only partially to me on Invoices raised (Plantiff paid Gst & respondent deducted TDS). Unpaid Amount 9 Lac, i dont have any written agreement with Respondent.
In Commercial court, Respondent failed to file reply in 120 days. Commercial court has disallowed to hear Respondent reply. Now Respondent approach commercial court that case should be dismissed as it pertains to Civil court. What to d
it i it is correctly stated by the respondents that the commercial Court does not have jurisdiction over the matter rather the civil court should hear this case.
you can try in satisfy the court with any available law as to how the commercial Court has jurisdiction over the matter
in case you are unable to do so the matter shall be dismissed with liberty to approach the appropriate forum
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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The objection is not tenable. Recovery based on business invoices falls within the definition of a commercial dispute under the Commercial Courts Act. The absence of a written agreement is not decisive when invoices, GST payment, and TDS deduction establish the commercial transaction. Since the defendant failed to file the written statement within 120 days, they cannot now use a belated jurisdiction objection to delay the proceedings. Oppose the application and seek continuation of the trial.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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You need to file reply to their application for seeking transfer from Commercial Court to Civil Court. If the transactions is under the purview of Commercial Court then the Civil Court cannot adjudicate such case.
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Adv. Alankrit BhatnagarÂ
Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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The jurisdiction issue is dependent on the nature of the Transaction and the applicability of Commercial Courts Act.
That HC and Supreme Court's have decided in cases as to where a matter can be proceeded as per Commercial Courts Act bad its rules and in which matters civil law would apply.
Kindly seek professional help and get in touch if you want to be represented before Court where the jurisdiction has been challenged.
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Adv. Anunay Sahay
Adv. Anunay Sahay
Delhi | 5+ Answers
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1. Oppose the dismissal application and file a detailed reply.
2. Plead that the dispute is a commercial dispute involving financial/loan-arranging services and satisfies the specified-value requirement.
3. Written agreement is not essential—rely on invoices, GST, TDS/Form 26AS, bank payments, emails/WhatsApp and loan documents.
4. Establish that the respondent’s part-payment and TDS deduction acknowledge the transaction/liability.
5. If 120 days from service of summons expired, press that the respondent’s right to file WS stands forfeited under the Commercial Courts Act.
6. Seek dismissal of respondent’s application with costs and continuation of the commercial suit.
7. If the Court returns/dismisses the suit for want of jurisdiction, consider appeal under Section 13 of the Commercial Courts Act.
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Adv. Jayatee Chatterjee
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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