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)
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.