Strategic Resolution of Corporate & Commercial Disputes

The NCLT is a specialized quasi-judicial body that adjudicates issues relating to Indian companies. It is the primary forum for cases under the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016.

This refers to actions by a company's majority shareholders or management that are burdensome, harsh, or wrongful to the minority shareholders. Examples include siphoning of funds, illegal removal of a director, or issuing shares to dilute the minority's stake. We help build the evidentiary case to prove or disprove such allegations.

The Companies Act provides significant rights, including the right to approach the NCLT under Sections 241-242 if you believe the company's affairs are being conducted in a manner oppressive to you. Our research can help establish the grounds for such a petition.

CIRP is the process under the IBC that begins when a company defaults on its debt. An Insolvency Professional takes over the company's management to find a resolution plan to revive it, failing which the company goes into liquidation. We provide research support at every stage of this process.

The RP is an insolvency professional who takes control of the company during the CIRP. Their job is to manage the company's operations, verify creditor claims, and invite resolution plans. We provide them with research and analytical support to identify preferential or fraudulent transactions.

Commercial Courts, established under the Commercial Courts Act, primarily handle high-value business disputes, such as those arising from breach of contract. The NCLT specifically deals with matters under the Companies Act and IBC, like oppression, mismanagement, and insolvency.

We prove a breach by establishing four key elements: 1) The existence of a valid contract; 2) The performance by our client of their obligations; 3) The failure of the other party to perform their obligations; and 4) The resulting damages to our client. Our research focuses on gathering documentary evidence for each of these elements.

A force majeure clause is a contractual provision that relieves a party from its obligations due to unforeseeable events beyond its control (like natural disasters, pandemics, or war). Analyzing this clause is critical to determine if non-performance is a legitimate excuse or a breach of contract.

The first step is a thorough review of the agreement to understand your rights and the dispute resolution mechanism (e.g., arbitration or court). The next step is typically to issue a well-drafted legal notice that clearly outlines the breach and the remedy sought. We provide research support for both these critical initial steps.

Our business expertise is key here. We analyze financial statements, sales projections, and market data to calculate not just direct losses, but also consequential losses like loss of profit and reputational damage, building a well-supported claim for compensation.

Generally, a company has a separate legal identity. However, directors can be held personally liable for actions involving fraud, breach of fiduciary duty, or specific statutory violations (e.g., non-payment of certain taxes). We help analyze the scope of such liability.

A derivative action is a lawsuit brought by a shareholder on behalf of the company, against third parties (often the management or directors). This is typically done when the company is harmed by an action, but the management fails to act. We provide the research needed to justify such an action before the NCLT.

We conduct a forensic analysis of the SHA, focusing on clauses related to board composition, voting rights, share transfer restrictions (right of first refusal, tag-along rights), and exit mechanisms, to build a case based on the specific contractual rights of the shareholders.

Directors have a fiduciary duty to act in the best interests of the company. A breach occurs if they act in their own self-interest, divert a corporate opportunity, or fail to exercise reasonable care and diligence. We help gather evidence from board minutes and company records to prove or disprove such allegations.

Yes, under Section 141 of the Negotiable Instruments Act, every person who was in charge of and responsible for the conduct of the business of the company at the time the offense was committed can be held vicariously liable for a dishonored cheque.

Litigation is the process of resolving disputes in public courts. Arbitration is a form of Alternative Dispute Resolution (ADR) where parties agree to have their dispute resolved by a private arbitrator or a panel of arbitrators. It is generally faster, more flexible, and confidential.

We provide end-to-end support, from drafting the statement of claim and defense, to compiling and indexing the evidence bundles, to researching legal precedents on specific issues before the arbitral tribunal. Our goal is to make the case as clear and persuasive as possible for the arbitrators.

Before filing a lawsuit, we conduct a thorough assessment of the legal and factual strength of the case. This involves reviewing all documents, identifying potential risks and weaknesses, and providing a clear opinion on the likelihood of success, helping clients make an informed decision on whether to proceed.

We act as a specialized, on-demand extension of your in-house team. We can handle high-volume research, complex analysis, or document-intensive tasks, freeing up your team to focus on overall strategy and day-to-day business matters. We integrate seamlessly into your existing workflow.

It begins with a confidential consultation to understand the commercial objectives and legal issues. We then sign an NDA and conduct a preliminary review of key documents to provide a detailed proposal outlining our scope of work, methodology, and fee structure.