Our knowledge of handling commercial litigation and corporate litigation is widely drawn. Our experience lies in conducting cause of action, including taking pre-emptive and interim steps towards safeguarding the interests of our clients before Civil Courts, Commercial Courts, High Courts, Tribunals such as Debt Recovery Tribunals etc and the Supreme Court of India. Our strength remains in giving hands-on, clear and commercial advice on the strength of our knowledge of both law and evidence in both trials and appeals. We accept instructions for pursuing and defending claims and causes.
We regularly advise and represent our clients in a wide spectrum of issues arising out of several commercial laws, some of which are as follows;
a. Contract Act
b. Customs Act
c. Trade Laws
d. Indian Partnership Act
e. Specific Relief Act
f.Arbitration & Conciliation Act
g. Trade Marks Act
h. The Copyright Act
i. Sale of Goods Act
j. The Companies Act
k. SARFAESI Act
l. The Negotiable Instruments Act
m. Mining Laws
n. Transportation Goods by Sea, Air, Road and Rail
o. Transfer of Property Act
p. Real Estate Laws
q. Bank Guarantees & Letters of Credit
r. Insurance Laws
Commercial litigation in India is procedurally governed by the Civil Procedure Code, Commercial Courts Act and rules framed by various High Courts. Courts such as the Civil Courts, Commercial Courts, District courts and High Courts exercise jurisdiction to try commercial disputes between the parties on the basis of their territorial jurisdiction and pecuniary jurisdiction. Procedure of trial of suits, appeals and its stages is well defined under the Civil Procedure Code and Commercial Courts Act and includes discovery and inspection, delivery of interrogatories, products, examination of witnesses. Though Civil Procedure Code empowers Civil Courts to try all types of suits unless barred but Commercial Disputes of specific value i.e. Rs. 3,00,000 as defined under the Commercial Courts Act are to be tried by Commercial Courts. Appeal lies to the next court from against a judgment passed by Civil Court, Commercial Court, District Court and High Court and Supreme Court. Time prescribed for filing of such an appeal ranges from 30 to 90 days. Where no appeal is provided or no appeal is preferred then an option of Review of the judgment is available to parties.
Specific Relief Act empowers Civil Courts to grant injunctions, direct specific performance of contracts, substituted performance of contracts etc. The act was recently amended to include several new provisions regarding power of courts to engage experts and expeditious disposal of suits filed under this act. The suits are required to be disposed within a period of 1 year, aggregate extension of six months only can be granted by the courts.
Interim and Interlocutory Orders can be passed by courts during the pendency of the suit. Status Quo orders, injunctions, security for claims, appointment of receiver and attachment of property are some of many available options to a claimant. Courts are also empowered to grant damages in certain cases.
Claims, suits are to be filed within the time prescribed under Limitation Act or as provided in a special act. In majority of cases, a limitation of 1 to 3 years is provided but limitation also ranges from 12 to 30 years.
Judgments and Decrees can be enforced in execution proceedings, where in case of Money Decrees, the court has the power to attach properties of the judgment debtor.
Debt Recovery Tribunals & Debt Recovery Appellate Tribunals
Debt Recovery Tribunals are creature of the Recovery of Debts Due Banks and Financial Institutions Act and exclusively deal with cases regarding recovery of debts. Besides this DRT’s also deal with cases arising out of Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFESI) Act. DRT has the power to order attachment of properties, taking possession of property, put the property for lease/sale.
Customs Excise and Service Tax Appellate Tribunal
CESTAT has been constituted to hear appeals arising out of various laws related to indirect taxes such as Customs Act, Central Excise Act and other acts such as Custom Tariff Act etc. Appeal against orders passed by CESTAT lies before the High Court and in some cases to the Supreme Court of India.
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