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Commercial and
Business Litigation:
Commercial Business Litigation Meaning:
As per the Law ," One Company takes legal action
against another."
Commercial Litigation is a general terms that applies to any
types of litigation or controversy related to business issues like:-
Disputes Can be settle between the companies through the
Arbitrator if any clauses insert into the agreement.
If any breach of Contract.
Business Bill non payment disputes.
Letter of Credit issues.
Business or commercial money recovery suit.
Employee & Employer disputes.
Industrial disputes.
Fraud and deceptive trade Practices.
Securities Law Violation.
Agreement Limiting competition.
Agreement / Contract Violation disputes.
Traders breach of Contract Violation.
Damages Suit due to quality or non performance or due to loss.
and all the issues related to one company to another.
Contract and
Agreement Litigation:
We handling Legal Affairs, Litigation Matters, Legal
Documentation and Liaison Work. Deftness in resolving cases under both Civil
& Criminal Laws of India. Astute in drafting Agreements, Contract, Legal
Notices etc also. Proficient in drafting Agreements, Contract, Legal Notices,
Show Cause Notices, Written Statements, Appeals, Case Papers, Affidavits, etc.
Debt Recovery /Money
Suit procedure in India
For companies, partnership firm, proprietor ship firm and
traders etc.. can file a suit for recovery their unpaid bills/ Business due
amount or payment where:-
There are any written contract/agreement between the
parties.
Then they can file a summary suit under order XXXVII Civil
Procedure Code. In this suit debtors have very limited scope to avoid to pay
the debts to the parties, as there are very few chances to delay the
proceeding. Every case has to special character and its depends upon the matter
to matter.
If any party has filed a suit under this order and rule,
then after putting the appearance before the Court within ten days and after
service of summon for judgments, defendant can seek leave to defend for
contesting the matter and its depends upon the court that leave may be grant or
not.
For filing of debt recovery suit U/o XXXII Civil Procedure
Code are based upon this guide line define in this section/under order as
under.
INSTITUTION OF SUMMARY SUITS:- A suit, to which this order
applies, may if the plaintiff desires to proceed hereunder, be instituted by
presenting a plaint which shall contain-
a specific averment to the effect that the suit is filed
under this order:
that no relief, which does not fall with in the ambit of
this rule, has been claimed in the plaint: and the following inscription,
immediately below the number of the suit in the title of the suit namely-“(U/o
XXXVII of the code of Civil procedure , 1908)
SUMMARY PROCEDURE
COURT AND CLASSES OF SIUTS TO WHICH THE ORDER IS TO APPLY-
1. This order shall apply to the following courts, namely
(a) High courts, city civil Courts and courts of small
cause.
(b) other courts: provided that in respect of the court s
referred to in clause (b), the high Court may, by notification in the official
gazette, restrict the operation of this order only to such categories suits as
it deems proper, and may also, from time to time, as the circumstances, of the
case may require, by subsequent notification on the official gazette, further
restrict, enlarge or vary, the categories of suits to be brought under the
operation of this order as it deems proper.
2. Subject to the provisions of Sub Rules (1), the order
applies to the following classes of suits namely-
(a) suits upon will 0f exchange, Hundies and promissory
notes:
(b)suits in which the plaintiff seeks only to recover a debt
or liquidated demand in money payable by the defendant, with or without
interest, arising-
(i) on a written contract, or
(ii) on an enactment, where the sum sought to be recovered
is a fixed sum of money or in the nature of the debt other then a penalty: or
(iii) on a guarantee, where the claim against the principal
is in respect of a debt or liquidated demand only.
If written Contract or Agreement is not there then a simple
civil recovery suit will be file on the basis of facts and circumstances of the
case.
Jurisdiction to File a suit in Delhi
In Delhi ,India at persent party can file a suit for the recovery
upto 3 lakh before the Civil Judge and above 3 lakhs, then party may file
before Addl.civil Judge but bellow Rs. 20 Lakhs.
if amount exceeding Rs.20 lakhs the party may file their
suit in Delhi High Court.
Court Fees : for the recovery of amount, party must pay the
court fees as per the Indian Court Fees Act bt and Money Suit.
Company Law Suit:
Our Indian law firm provides the legal services in the
fields of company laws in India. We provide all services pertaining to the
incorporation and formation of company in India, compliances of the provisions
of company’s Act, formation of a foreign company in India, establishing a
branch office, liaison office in India and all other related legal services in
the fields of company law in India. We provide the services of Indian attorneys
for all legal services pertaining to company laws in India. We also provide all
kinds of legal documentation services which include the drafting and vetting of
agreements pertaining to mergers, de-mergers, takeovers, share transfer, change
of directors etc., drafting of the memorandum of association and articles of
association for an Indian company. We also provide all services pertaining to
the compliances before the Registrar of Companies, Company Law Board, and
Ministry of Corporate Affairs. We also provide all services pertaining to the
formation and incorporation of companies, private limited companies, public
limited companies, NBFC, FII etc. We also provide all kinds of startup services
in India for the foreign nations intending to start their own business in
India.
Cheque
Bounce-Dishonor Cases:
A Cheque bounce case
normally takes an average of one year to complete the
proceedings before trial court. The following are the important stages in a
cheque bounce case.
1) Filing of complaint: The complaint need to be filed
before the jurisdictional magistrate within 30 days from the accrual of the
cause of action. The complainant need to be present before the magistrate at
the time of filing. The original documents need to be shown to the magistrate.
If prima-facie a case is made out, the magistrate will post
the matter for sworn statement.
2) Sworn Statement: At this stage, the complainant needs to
enter the witness box and give further details regarding the case. If the
magistrate is satisfied that there is some substance in the case of the
complainant, then he will issue a summons to the accused.
3) Appearance of Accused: On receipt of summons, the accused
need to appear in the court. If he does not appear in the court, the court will
issue an arrest warrant against him. After appearance, the accused is supposed
to take a bail from the court with or without sureties. If the accused is
unable to furnish a surety then he can deposit a cash security, instead of
surety. This cash security is refundable to the accused after the conclusion of
the case.
4) Recording of Plea: In the next stage, the court will ask
the accused as to whether he has committed the offence or not. If the accused
admits the guilt, the court will immediately give him punishment. If he pleads
innocence, the court will post the matter for evidence.
5) Evidence: The Complainant has to furnish his evidence,
normally by way of affidavit; this is known as examination-in-chief. He needs
to produce all documents in support of his case like bounced cheque, dishonor
memo, copy of notice etc. Later complainant will be cross examined by the
accused. If there are other witnesses in support of the complainant, then their
evidence also has to be recorded.
6) Statement of the Accused: After the Complainant side
evidence is over, the court will put some questions to the accused regarding
his guilt. An accused needs to give his version to the same.
7) Defense Evidence: After the Accused statement the court
will give an opportunity to the accused to leave his evidence. The accused can
also produce documents in support of his case, as well as witnesses in his
support. Accused and his witnesses will be cross examined by the complainant.
After this, the case is posted for arguments.
Arguments: Both the Complainant and the accused will submit
their arguments before the court. They can also furnish judgments of high
courts and Supreme Court in support of their case. Normally a written argument
containing a gist of the oral argument is also furnished to the court.
9) Judgment: After the arguments, case is posted for
judgment. If the court finds that the accused has committed offence, he will be
punished with fine or imprisonment. If he is innocent, the court will acquit
him. If accused is convicted, then he needs to suspend his sentence, for a
period of 30 days with in which time, he can file an appeal before the sessions
court.
Banking Cases
Litigation:
Our Firm advises its clients on provisions under the Banking
Regulation Act, 1949 and notifications issued by the RBI. Our Firm also advises
clients on structuring of foreign investments in the banking sector in India
including foreign exchange regulations under FEMA.
Services rendered by our Firm in the financial sector
include acquisition finance, project finance, legal opinions, drafting escrow,
consortium, mortgage, pledge and lien agreements and loan agreements, credit
& security documentation. Our Firm also deals in securitization of assets,
cases with respect to dishonor of cheques, debentures, guarantees and other
forms of securities, etc. Our Firm represents in civil and criminal litigation,
consumer matters and arbitration.
Our Firm deals in all matters connected with DRT, ADRT and
Securitization Act including drafting of DRT replies, counter-claims,
counter-suits, suits, writ petitions, etc.
Anti Suit in foreign
Suit Proceeding in India
Court should not exercise its discretion to exercise such
jurisdiction in view of aforesaid position and relied upon judgment of Supreme
Court in the case of Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.,
and particularly paras 10 and 25 thereof, which reads as under: "10.The
courts in India like the courts in England are courts of both law and equity.
The principles governing grant of injunction-an equitable relief-by a court
will also govern grant of anti-suit injunction which is but a species of
injunction. When a court restrains a party to a suit/proceeding before it from
instituting or prosecuting a case in another court including foreign court, it
is called anti-suit injunction. It is a common ground that the courts in India
have power to issue anti-suit injunction to a party over whom it has personal
jurisdiction, in an appropriated case. This is cause courts of equity exercise jurisdiction
in persona. However, having regard to the rule of comity, this power will be
exercised sparingly because such an injunction though directed against a
person, in effect causes interference in the exercise of jurisdiction by
another court.
International Commercial Arbitration in India:
system in several countries made it imperative to have the
perception of an alternative Dispute Resolution System, more particularly, in
the matter of commercial disputes. When the entire world was moving in favour
of a speedy resolution of commercial disputes, the United Nations Commission on
International Trade Law way back in 1985 adopted the Uncitral Model Law of
International Commercial Arbitration and since then, number of countries have
given recognition to that Model in their respective legislative system. With
the said Uncitral Model Law in view the present Arbitration and Conciliation
Act of 1996 has been enacted in India replacing the Indian Arbitration Act,
1940, which was the principal legislation on Arbitration in the country that
had been enacted during the British Rule. The Arbitration Act of 1996 provides
not only for domestic arbitration but spreads its sweep to International
Commercial Arbitration too. The Indian law relating to the enforcement of Foreign
Arbitration Awards provides for greater autonomy in the arbitral process and
limits judicial intervention to a narrower circumference than under the
previous law. To, attract the confidence of International Mercantile community
and the growing volume of India's trade and commercial relationship with the
rest of the world.
when there is no suit pending or by order of the Court when
there is a suit pending, have been removed. The importance of transnational
commercial arbitration has been recognized and it has been specifically
provided that even where the arbitration is held in India, the parties to the
contract would be free to designate the law applicable to the substance of the
dispute. Under the new law unless the agreement provides otherwise, the
Arbitrators are required to give reasons for the award. The award itself has
now been vested with status of a decree, inasmuch as the award itself is made
executable as a decree and it will no longer be necessary to apply to the Court
for a decree in terms of the award. All these aim at achieving the sole object
to resolve the dispute as expeditiously as possible with the minimum
intervention of a Court of Law so that the trade and commerce is not affected
on account of litigations before a Court. When United Nations established the
Commission on International Trade Law it is on account of the fact that the
General Assembly recognised that disparities in national laws governing
international trade created obstacles.
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