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1. Litigation
India has a well-developed and organized judiciary, with a three tier court system – the Supreme Court of India, the High Courts and the subordinate judiciary.
The Firm has wide experience of litigation by representing its clients before Courts, Tribunals including the Supreme Court of India, High Courts, District Courts, Company Law Board, Consumer Forums, Debt Recovery Tribunal, et al. Our litigation experience spans, primarily the Original, Appellate and Writ Jurisdiction and services are provided to the clients through associate offices all over India.
- The emergence of Consumer society with dictum “buy now pay later” has also opened floodgates of litigation pertaining to recovery of unpaid debts. The firm has a dedicated wing headed by a partner for handling such proceeding for recovery
- U/s 138 of the Negotiable Act.
- General Recovery Cases.
- Summary Suits U/o XXXVII CPC.
- Complaint U/s156 (3) Cr.P.C.
- Handling matter pertaining to Economic Offences.
- Handling matters pertaining to Debt Recovery Tribunal and under Securitisation Act.
- Consumer Forums.
- Conciliation.
- Lok Adalats
2. Arbitration Conciliation & Mediation
As India continues to attract increasing amounts of foreign investment, India has emerged as an attractive destination for many Multinational Corporations (MNCs). Given the need for an efficient dispute resolution mechanism, Arbitration and Alternate Dispute Resolution (ADR) has emerged as a faster, cost-effective option for resolving commercial disputes and preserving business relationships. ADR in India could either be in the form of arbitration, mediation or conciliation and is recognised under the relevant Indian statute, The Arbitration & Conciliation Act, 1996. Since arbitration is based upon the principle of party autonomy and offers flexibility to both parties, there is an increasing trend towards resolving disputes by means of Arbitration.
Arbitration and Conciliation Act 1996 provides to the parties, to an arbitration agreement, to get their disputes adjudicated through Arbitral Tribunal with limited intervention of courts. It is understood that the arbitration gives approximately similar recovery results, till award is passed, as other legal tools, such as Sec 138 of N.I. Act. It is of much use, if company decides to foreclose such accounts and, thereby, opt for execution of arbitral awards passed therein. It gives 100 % resolution in contactable accounts.
3. Banking & Finance Laws
Our banking practice is quite professional on advising on following areas:
- Asset Finance
- Banking
- Project Finance
- Restructuring and Insolvency
- Structured Finance
We represent clients before various legal forums in diverse matters relating to banking, finance and insurance, including matters relating to dishonor of cheques, letters of credit, cheque transactions and bank guarantees. We have an expertise in dealing with the following areas:
- Escrow, Consortium, Mortgage, Pledge & Lien Agreements
- Loan, Credit & Security Documentation
- Securitization of Assets
- Recovery of debts and Dishonor of cheques
- Charge Actions & Foreclosures
- Documentary Credits
- Enforcement of Charges, Debentures,
- Guarantees & Other Form of Securities
- Asset & Debt Recovery
- Liquidation & Bankruptcy
- Futures/derivatives litigation
- Unauthorized payments
- Our banking practice is quite professional on advising on following areas:
- Capital Markets
- Foreign Investment & Technology Transfer
- Investment Fund Regulation & Management
- Mergers and Acquisitions, takeovers
- Corporate & Debt Restructuring
- Insurance & Financial Institutions regulations
- Licensing and regulatory approvals
4. Insurance
With opening of the insurance market to private players it has greatly broadened the reach and the competition among the insurers. Insurance and reinsurance is a must for any commercial transaction in today’s world and life insurance is a need.
Associates of the firm have dealt a great deal in insurance related litigation before the Motor Accident Compensation Tribunal (MACT) and Consumer Forums at all levels i.e., District, State and National.
5. Labor and Employment
The Firm has considerable expertise in areas of labor and employment laws including but not limited to drafting employment contracts, non-disclosure and noncompete agreements; advising on employer obligations and employee benefits under Indian law, including statutory rights for employment fund, minimum wages, maternity benefits, workmen compensation, etc.
Negotiation of collective agreements with trade unions and employee associations, privacy and confidentiality issues, employment termination procedures, sale and closure of manufacturing facilities, transfer of employees and undertakings and voluntary retirement schemes.
6. Construction and Real Estate
The real estate sector has assumed importance with the liberation in the economy. The Indian government’s decision to allow 100% foreign equity in real estate and construction has prompted major overseas real estate developers, real estate investments trusts (REITS) and venture capital fund to set up subsidiaries/ create strategic alliances and equity investment deals with partners in India.
The Firm besides possessing substantial experience in the area of construction related litigation and Arbitration, over contracts and budget overruns also provides legal advice including lease and sale, lease and license, title investigation and other kinds of Documentation and can obtain various regulatory approvals for the development of an integrated townships.
7. Economic Offenses / Criminal law
The Firm has considerable expertise in handling matters pertaining to economic offenses and has been successfully representing various Banks, Financial Institutions, Corporate houses and individuals alike. We have acted for clients in a wide range of cases, including but not limited to;
a. Offences against persons and property
b. Immigration offences
c. Foreign exchange offences
d. Offences under the Companies Act
e. Offences under the Negotiable Instruments Act.
8. General Transactional Practice
The Firm provides services include drafting and negotiation of all varieties of commercial and financial contracts between Indian individuals and bodies, between foreign parties where no specific Indian interest is involved, and combinations of both. The Firm can arrange project management for its clients and, in instances where our foreign clients hold assets and interest in companies in India.