There has been a significant rise in commercial disputes in the past two decades owing to an increase in commercial transactions. It is not uncommon that despite good intention, parties including Corporates, Firms, and Proprietors have faced litigation issues. Taking into consideration that litigations can be lengthy and costly, proper advice from a competent attorney can surely help to bring the matter to a logical conclusion in a cost-effective manner, which is the very objective that IPLF intends to achieve.
Our specialized team of lawyers across 13 offices in India offer services in Contract/Agreement Drafting, Vetting, and Litigation Support, thereby offering well-strategized legal opinions to our clients at all stages of Commercial Litigation to help resolve such litigation through various other means and procedures such as Mediation, Conciliation, Neutral Evaluation, Pre-Arbitral Referee, mini-trial or even re-negotiation of contracts, before the same end up before a Court of Law. Our team of professionals has rich experience and expertise in matters pertaining to the Companies Act and the Insolvency & Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) and in other aspects of Business and Corporate Laws in India including the Incorporation of Companies, Corporate Restructuring, Oppression/Mismanagement, Winding Up inter-alia.
Our Services Include:
We provide legal advice and represent our clients in wide range of litigation cases such as:
- Breach of Contract
- Partnership Disputes
- Shareholder Disputes
- Director Disputes
- Private Deals
- Regulatory Investigations and Litigation
- Privacy & Cyber-security
- Debt Recovery
- Insurance Disputes
- Bankruptcy Adversary Proceedings
- And many more…
1. Information gathering
Our Litigation experts schedule comprehensive discussions with the client and various other stakeholders involved in the matter for a detailed understanding of the subject matter and client-side facts.
Our experts then analyze the instant situation based on the information provided by the client and the relevant stakeholders keeping in context the relevant Companies, Securities, Contract, Financial and Insolvency laws among others.
Based on an in-depth analysis of the instant case and situation, our experts then accord and provide a fitting litigation strategy to achieve the desired outcome and court order. Each argument is suitably evaluated for its strengths and weaknesses. Accordingly, a final strategy is laid down.
- Details required on a case to case basis.
1. What kinds of General Corporate matters does the National Company Law Tribunal deal with?
NCLT resolves civil corporate disputes including but not limited to Class Action Suits, Share Transfer Disputes, Oppression and Mismanagement, Reopening of Accounts, Revision of Financial Statements, Deregistration of Companies, Voluntary Liquidation and Public to Private Conversions.
2. Which courts do I approach for cases of Breach of Contract?
Unless the contract prescribes a particular method of Dispute Resolution, such cases must be filed in a competent civil court. This varies on the basis of the Subject Matter, Territory, Pecuniary value etc., of the dispute.
3. I have invested money in a Company that now claims to be insolvent/bankrupt. How can I recover the amount?
The Insolvency and Bankruptcy Code, 2016 empower creditors to file applications before the NCLT to initiate an Insolvency Resolution Process in case of any Default by a corporation to pay back its Debts.
4. Who can initiate the Insolvency Resolution Process?
Financial and Operational Creditors can initiate the Insolvency Resolution Process. The Corporation itself may also do so.
5. I am a financial creditor to a Partnership Firm/ Individual Person, who should I approach in case they fail to pay me back?
The Debt Recovery Tribunal may be approached in such cases.
6. What are the key issues that a party should consider before bringing a claim?
- Jurisdiction of the court of law
- The nature of the relief
- The limitation period with respect to the claim.
7. What are the key causes of action in commercial litigation?
Default in Payment and Default in Complying with other contractual obligations are the major causes of action that may arise in commercial litigation.
8. Can there be amendments to a claim in Commercial Litigation?
Yes, there can be amendments to a claim if the party to suit is able to convince the court that it is necessary in the best interest of the case.
9. How is jurisdiction established in a Commercial Litigation?
Jurisdiction is generally established on the basis of the location of the defendant or where the cause of action arose (Territorial Jurisdiction) and on the value of the subject matter (Pecuniary Jurisdiction)
10. Can a court apply foreign law in matters of commercial litigation?
Indian courts can apply foreign law only if parties have agreed to be governed by such foreign law under a contract. The relevant foreign law must be proved by the parties as a matter of fact.
11. What are the remedies generally available to the claimant?
- Specific performance
- Recovery of debt or investment
- An injunction (both permanent injunction and temporary injunction)
- Enforcement of security.