Maharashtra stands as the economic and industrial powerhouse of India, contributing significantly to the nation's GDP. With Mumbai as its capital—the financial heart of the country—the state hosts a legal ecosystem that is as vibrant as it is complex. Litigation in Maharashtra is not merely about understanding central laws; it requires a deep, nuanced mastery of state-specific statutes, local regulations, and the unique procedural customs of the Bombay High Court and subordinate courts.
From high-stakes corporate battles in the commercial districts of Mumbai to intricate land disputes in the developing regions of Pune and Nashik, the demand for specialized legal representation is immense. Litigation services in Maharashtra encompass a wide spectrum: Civil disputes, Criminal defense, Family law, Real Estate litigation, and Constitutional matters.
At AMA Legal Solutions, we pride ourselves on being a full-service litigation firm with a statewide footprint. Our team of seasoned advocates possesses the expertise to navigate the corridors of justice, from the Magistrate courts to the Apex Court. We understand that every case carries a human or business cost, and our strategy is always focused on minimizing that cost while maximizing the legal outcome. Whether you are a multinational corporation facing an insolvency petition or a family fighting for ancestral property, we stand by you as your trusted legal shield and sword.
The High Court of Judicature at Bombay is one of the oldest and most prestigious High Courts in India. Its jurisdiction extends over the states of Maharashtra and Goa, and the Union Territories of Daman & Diu and Dadra & Nagar Haveli. What makes it unique is its dual jurisdiction:
Unlike most High Courts that only hear appeals, the Bombay High Court acts as a court of first instance (trial court) for civil suits arising within the city limits of Mumbai where the value exceeds ₹1 Crore. This "Original Side" practice is highly specialized.
The "Appellate Side" hears appeals from all subordinate courts across Maharashtra. This is the forum for correcting errors made by lower courts.
To ensure access to justice across the vast state, the High Court has established permanent benches. We have active practices at:
Serving the Vidarbha region (Nagpur, Amravati, Akola, etc.)
Serving the Marathwada region (Aurangabad, Nanded, Latur, etc.)
Serving the state of Goa.
While the High Court grabs headlines, the bulk of litigation occurs in the subordinate courts. Understanding this hierarchy is crucial for effective strategy.
Located at Fort and Dindoshi, this court handles:
A specialized court for Mumbai with exclusive jurisdiction over:
In districts like Pune, Thane, Nashik, and Raigad, the District Court is the principal court of original civil jurisdiction. It handles:
The first tier of criminal justice in metropolitan areas. They handle:
Our litigation practice covers a diverse range of legal fields, tailored to the specific needs of clients in Maharashtra.
Maharashtra's real estate market is notoriously complex. We specialize in:
For businesses, time is money. We leverage the Commercial Courts Act to expedite disputes.
We provide aggressive defense strategies for serious offenses.
Handling sensitive personal matters with dignity and confidentiality.
A lawyer in Maharashtra cannot be effective without mastering the state's unique legislations. These laws often override general central laws.
Governs the relationship between landlords and tenants. It protects tenants from arbitrary eviction and excessive rent increases. We handle suits for eviction on grounds of bona fide requirement, non-user, and nuisance.
A crucial law for flat buyers. It mandates builders to form a society, convey the land, and disclose full project details. We use MOFA to fight for deemed conveyance and against unauthorized alterations.
A stringent anti-terror and anti-organized crime law. It allows for longer police custody and makes bail nearly impossible. We have specialized experience in challenging the invocation of MCOCA.
Deals with land development plans and unauthorized constructions. We represent clients receiving notices under Section 53/54 of MRTP Act for demolition of illegal structures.
The bible for housing societies. We handle disputes regarding elections, expulsion of members, recovery of dues (Section 101), and redevelopment (Section 79A).
Protects investors from fraudulent financial schemes. We assist victims in filing complaints and attaching the assets of fraudulent companies to recover their deposits.
While every case is unique, the procedural journey in Maharashtra courts generally follows these steps. We guide you through each phase.
We analyze the merits of your case. A strong Legal Notice is drafted, setting out the facts and demands. In many cases, a well-drafted notice leads to an out-of-court settlement, saving years of litigation.
If the notice fails, we file the case in the appropriate court (High Court, City Civil, or District Court). This involves paying court fees, verifying documents, and removing office objections to get the case numbered.
In urgent matters, we move the court for interim orders like a 'Stay Order' against demolition, 'Injunction' against selling property, or 'Status Quo'. This is often the most critical battle in the early stages.
Issues are framed by the court. We lead evidence by filing Affidavits of Evidence and conducting cross-examination of the opponent's witnesses. Our cross-examination strategy is designed to dismantle the opponent's case.
Final arguments are advanced citing relevant judgments of the Supreme Court and Bombay High Court. The court then delivers its Judgment and Decree.
A decree is just paper until enforced. We file Execution Petitions to attach bank accounts, seize property, or seek civil imprisonment of the defaulter to recover your dues.
In a city with thousands of lawyers, why should you entrust your case to us?
We appear daily in the Bombay High Court. We know the judges, the procedures, and the registry inside out.
From Mumbai to Nagpur, Pune to Aurangabad, our network ensures you have representation everywhere.
We don't just fight cases; we design strategies. We advise on when to settle and when to fight to the finish.
"Our housing society was stuck in a redevelopment limbo for 5 years with a dishonest builder. AMA Legal Solutions took over, terminated the builder's contract through the High Court, and helped us appoint a new developer. We are finally getting our new homes."
Secretary
Gokuldham CHS, Goregaon
"I was falsely implicated in a cheating case by a business rival. The police were threatening arrest. The team at AMA secured Anticipatory Bail for me from the Sessions Court within 48 hours and later got the FIR quashed in the High Court."
Rajesh K.
Businessman, Pune
Filing a civil suit in the Bombay High Court depends on the pecuniary jurisdiction. The Bombay High Court exercises Original Jurisdiction for civil suits where the subject matter is valued above ₹1 Crore (for Mumbai). The process begins with drafting a detailed Plaint, which must include the facts of the case, the cause of action, and the specific relief sought. This Plaint, along with the necessary court fees (calculated on an ad-valorem basis), is filed with the Prothonotary & Senior Master's office on the Original Side. For commercial disputes, the Commercial Courts Act procedures apply, requiring pre-institution mediation in certain cases. It is critical to ensure that the territorial jurisdiction clauses are correctly invoked, especially for contracts executed in Mumbai.
The Bombay High Court is unique among Indian High Courts (along with Calcutta, Madras, and Delhi) in having Ordinary Original Civil Jurisdiction. The 'Original Side' functions like a trial court for high-value civil suits (above ₹1 Crore), Intellectual Property disputes, Admiralty matters, and Testamentary petitions (Probate/Wills) arising within Mumbai. The 'Appellate Side', on the other hand, hears appeals, revision applications, and writ petitions against the orders and judgments of subordinate courts (District Courts, Sessions Courts, Family Courts) from across the entire state of Maharashtra and Goa. Knowing this distinction is vital for filing your case in the correct registry.
Yes, AMA Legal Solutions has a robust presence across Maharashtra. We have dedicated teams and associate senior counsels who represent clients at the Nagpur and Aurangabad benches of the Bombay High Court. The Nagpur Bench typically handles matters from the Vidarbha region, while the Aurangabad Bench covers the Marathwada region. Whether it is a writ petition challenging a government order, a criminal appeal, or a land dispute specific to these regions, we ensure competent and seamless representation without you needing to hire multiple local lawyers.
Property litigation in Maharashtra is highly specialized due to the state's complex urban development laws. Key statutes include the **Maharashtra Rent Control Act, 1999**, which governs landlord-tenant disputes and eviction proceedings; the **Maharashtra Ownership Flats Act (MOFA), 1963**, which protects flat buyers; and the **Maharashtra Regional and Town Planning Act (MRTP), 1966**, dealing with land use and illegal constructions. Additionally, the **Real Estate (Regulation and Development) Act (RERA)** is strictly enforced through the MahaRERA tribunal. We also handle disputes involving Slum Rehabilitation Authority (SRA) schemes and redevelopment projects under Section 79A of the MCS Act.
The **Maharashtra Control of Organised Crime Act (MCOCA), 1999** is a draconian state law enacted to combat organized crime and terrorism. It differs significantly from general criminal law (IPC) as it allows confessions made to a police officer (SP rank and above) to be admissible as evidence. It also makes obtaining bail extremely difficult. MCOCA is often invoked in cases involving crime syndicates, extortion, and contract killings. Defending a MCOCA case requires specialized expertise to challenge the 'sanction' for prosecution and to demonstrate that the accused is not part of an 'organized crime syndicate' as defined under the Act.
Yes, delayed possession is one of the most common grievances in Mumbai's real estate market. You have multiple legal remedies. You can file a complaint with **MahaRERA** seeking interest on the amount paid for every month of delay, or a full refund with interest. Alternatively, you can approach the **Consumer Disputes Redressal Commission** for deficiency in service and compensation. In cases where fraud or cheating is involved, a criminal complaint (FIR) can also be filed. We analyze your Sale Agreement and the project status to recommend the most effective and fastest route for relief.
The **City Civil Court, Mumbai** has exclusive jurisdiction to try all civil suits arising within the limits of Greater Mumbai (from Colaba to Mulund/Dahisar) where the value of the subject matter is up to ₹1 Crore. It handles a vast volume of litigation, including property disputes, summary suits for money recovery, injunction matters, and contract breaches. It is distinct from the Small Causes Court, which specifically handles landlord-tenant and rent matters. The City Civil Court is often the first battleground for many civil disputes in the city.
Mumbai, as India's financial capital, sees a high volume of commercial litigation. Historically, cases could take years. However, with the establishment of dedicated **Commercial Courts** and the Commercial Division in the High Court under the Commercial Courts Act, 2015, the disposal rate has improved. Strict timelines for filing written statements (120 days max) and case management hearings have streamlined the process. Pre-institution mediation is now mandatory, often leading to settlements in 3-6 months. Contested trials may still take 2-4 years, but interim relief (injunctions) can be obtained quickly.
Yes, SRA disputes are a unique and complex area of litigation in Mumbai. We represent slum dwellers, cooperative housing societies, and developers in disputes regarding eligibility (Annexure II), transit rent (displacement allowance), and project delays. We appear before the **Apex Grievance Redressal Committee (AGRC)**, which is the first appellate authority for SRA matters, and subsequently file Writ Petitions in the Bombay High Court challenging AGRC orders. We also handle disputes regarding the appointment and termination of developers.
The limitation period is strictly governed by the Limitation Act, 1963. For a civil appeal against a decree (First Appeal), the limitation is typically **90 days** from the date of the judgment and decree. For criminal appeals against conviction, it is generally **60 days**. However, for appeals against interim orders (Appeal from Order), the period is shorter (30 days). It is vital to approach a lawyer immediately after a lower court judgment to obtain certified copies and file the appeal within time, as condonation of delay is not granted easily.
In Mumbai (and other presidency towns), obtaining a **Probate** is mandatory if the Will deals with immovable property. The petition for Probate is filed in the Testamentary Department of the Bombay High Court. The court issues citations to the legal heirs. If no objections (Caveats) are filed, the Probate is granted administratively. If an heir contests the Will, the petition is converted into a 'Testamentary Suit' and proceeds like a regular trial. We handle both non-contentious and contested probate matters.
Generally, a Writ Petition under Article 226 lies against the 'State' or its instrumentalities. A private Cooperative Housing Society (CHS) is usually not considered 'State'. However, you can file a Writ Petition against the orders of the **Divisional Joint Registrar** or the **Minister of Cooperation** regarding the affairs of the society. For disputes between members and the society (like parking, repairs, leakage), the appropriate forum is the **Cooperative Court** or the Registrar's office, not directly the High Court.
The **Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act)** was enacted to protect small investors from Ponzi schemes and fraudulent financial establishments. It allows the government to attach the properties of the defaulting company and its promoters to repay the depositors. Special MPID Courts have been set up to try these offenses. We represent investor groups in filing complaints and intervening in MPID courts to ensure their claims are processed and paid from the realized assets.
Deemed Conveyance is a provision under MOFA that allows a housing society to get the ownership of the land transferred to its name if the builder fails to do so. The application is filed before the **District Deputy Registrar (DDR)**. It involves submitting documents like the society registration certificate, property card, and architect's certificate. If the DDR passes a favorable order, a unilateral conveyance deed is registered. We assist societies in the entire process, from issuing legal notices to the builder to representing them at the DDR hearings.
The **Court of Small Causes, Mumbai** has exclusive jurisdiction over matters related to the recovery of possession of immovable property and recovery of rent/license fees within Mumbai. This covers all landlord-tenant disputes under the Maharashtra Rent Control Act and leave-and-license disputes. It does not deal with title disputes (ownership), which go to the City Civil Court or High Court. It also handles municipal tax appeals.
Expert legal counsel for Bombay High Court and District Courts.
Call +91-8700343611Request CallbackOur litigation services services are available across all states and union territories in India