Owing to an increase in commercial transactions, commercial disputes are also significantly increasing. It is not uncommon that despite of good intentions parties including Corporates, Firms, and Proprietors have faced litigation. 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 cost-effective manner, which is the very objective that IPLF intends to achieve.
Our specialized team of lawyers across 10 offices in India offers 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 a 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.
We provide legal advice and represent our clients in wide range of litigation cases such as:
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.
Time for handling Litigation Matters varies from case to case, and usually takes 3 to 5 days to understand the complete situation and render an appropriate Litigation Strategy as an opinion.
The 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.
Unless the contract prescribes for 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.
The Insolvency and Bankruptcy Code, 2016 empowers 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.
The Debt Recovery Tribunal may be approached in such cases.