lex koterie

Litigation

“At Lex Koterie LLP, our lawyers take great pride in being problem solvers first. We leverage our expertise in the discipline of corporate law to help clients achieve their business goals”.

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India has well defined substantive and procedural laws along with a well-established system of judicial enforcement of rights. Various acts and ordinances were first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.

An elaborate mechanism is provided for Grievance Redressal under Indian statutes. A complete hierarchy of courts and tribunals has been set up. India has three tier system of judiciary, which includes District Courts, at the first tier, comprising judges for adjudicating upon commercial disputes, civil disputes and criminal cases at the lowest level. At the second tier, each state in India has a High Court which has the appellate and supervisory jurisdiction over all the courts and tribunals in such state. The Supreme Court of India, which is at the third tier, is the highest court of justice in India having appellate and supervisory jurisdiction over all High Courts, Courts, and tribunals. The Supreme Court of India and the High Courts also act as the custodians of the constitution of India. Government of India has also formed special tribunals to deal with matters of specific nature, such as National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), Intellectual Property Appellate Board (IPAB), Income Tax Appellate Tribunal (ITAT), Debt Recovery Tribunal (DRT), Central Administrative Tribunal (CAT) and Central Excise Service Tax Appellate Tribunal (CESTAT), Three tier consumer Dispute Redressal forums etc.

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Lex Koterie has a dedicated team of Professional’s representing clients in the Supreme Court of India, High Courts, District Courts, Income Tax, National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), National Consumer Dispute Redressal Commission, State Consumer Dispute Redressal Commission, District Forums, DRAT, DRT and other judicial & quasi-judicial forums and tribunals.

OUR SERVICES

Corporate
Litigation
Commercial & Business Litigation
IPR
Litigation
Civil
Litigation
Banking
Litigation
Employment
Litigation
Consumer
Litigation
Economic & Cyber Offences Litigation
Personal & Matrimonial Litigation

Arbitration & Alternate Dispute Resolution

Arbitration and other alternate dispute resolution mechanisms are not a new concept for India. It was prevalent at the Vedic times in India which can be traced from the Pradvivaca Upanishad. The Arbitration law in India has developed through the pages of history in the due course of time. Some loopholes were noticed in the laws related to the Arbitration when it was enacted through the passage of the time that led to the enactment of the present Act, Arbitration and Conciliation Act, 1996 which is based on the UNCITRAL model law. The formal courts in India are burdened with huge pending litigations and due to various factors, the settlement of disputes by
our formal courts at times becomes a time-consuming exercise. Keeping in view these factors, an emerging trend is seen, especially in commercial and business disputes, where parties are increasingly opting for arbitration and other alternate dispute resolution methods for resolving their disputes, if occurred during the course of the business. Arbitration is the most effective form of commercial and business disputes resolution. Every arbitration is based on insightful application of law and its evolution is proof of its significance in the actual proceedings. It is a time bound process and does not take a lot of time for adjudication. The recent amendments brought in by the Arbitration and Conciliation (Amendment) Act, 2015 have also significantly remedied the lacunae in the current arbitration regime and have strengthened the law with regards to different aspects of arbitration.

Lex Koterie has a specialized team of lawyers having expertise in arbitration and other alternate dispute resolution methods such as Mediation and Conciliation processes.

Our Services:

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Lex Koterie LLP is one of the leading professional group involved in Taxation consultancy services, GST, Audit and Assurance, Secretarial and Corporate Law Services, Mergers and Acquisition to Corporate Financial and Risk Advisory, accounting/ related support and outsourcing services.

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Corporate Litigation

  • Investors, Shareholders & Directors disputes.
  • Approval for the merger/amalgamation and demerger scheme from NCLT
  • NCLT proceedings in complex matters concerning oppression, mismanagement, refusal to register transfers, investigation, freeze on voting rights etc.
  • Compounding proceedings relating to the violations of the provisions of Companies Act and its rules.
  • Insolvency Proceedings before NCLT under the Insolvency Code..
  • Winding up proceedings.
  • Drafting of pre –litigation communications/legal notices.

Commercial & Business Litigation​

  • Legal actions for breach, violations of and disputes pertaining to commercial and
    business agreements.
  • Disputes with Vendors/suppliers, franchisees, distributors, channel partners etc.
  • Disputes between the business partners.
  • Dues and payment recovery matters.
  • Enforcements of business and commercial agreements & related matter thereof.
  • Damages recovery & other claims.
  • Consumer claims and disputes with customers.
  • Criminal and civil actions for dishonour of cheques.
  • Disputes arising out of corporate guaranty and bank guaranty.
  • Drafting of pre –litigation communications/legal notices.

IPR Litigation

  • Actions for plagiarism, copying, Infringement & Passing Off.
  • Actions for protection of IPR inclusive of prohibitory and restraining injunctions.
  • Actions for search and seizure of the infringing/counterfeit materials.
  • Actions for compensation, damages & rendering of accounts regarding misuse/ infringement.
  • Handling proceedings for raising/defending objections during the registration process of IPR.
  • Handling proceedings before Intellectual Property Appellate Board (IPAB).
  • Drafting of Cease and Desist notices.

Civil Litigation​

  • All conventional civil suits and actions relating to properties, personal and public rights.
  • Civil suits and actions for declaratory reliefs, mandatory/permanent injunctions, specific performance, damages and compensation, partition, defamation etc.
  • Injunction / Stay orders.
  • Enforcement & execution of Indian & Foreign Decrees.
  • Drafting of pre –litigation communications/legal notices.

Banking Litigation

  • Summary Recovery Suits.
  • Ordinary Recovery suits.
  • Matters at DRT/DRAT.
  • Insolvency Proceedings before NCLT/DRT under the Insolvency Code.
  • Criminal and civil actions for dishonour of cheques.
  • Protection Orders Proceedings under SARFAESI Act.
  • Disputes arising out of corporate guaranty and bank guaranty.

Employment Litigation

  • Actions against poaching employees and solicitation of employees/client.
  • Actions for enforcing non-compete and other restrictive clauses.
  • Actions for restraining from sharing/misusing business and trade secrets and clients
    data/details.
  • Actions for non-serving of notice period and recovery of office articles/assets.
  • Employment & Service Disputes between corporate/management and employee.
  • Labour & Industrial Disputes.

Consumer Litigation​

  • Corporate/business – Consumer Disputes.
  • Insurance, injury & other monetary claims.

Economic & Cyber Offences Litigation

  • Fraud, Cheating, Criminal Breach of Trust and forgery.
  • Misappropriation and Siphoning of Funds.
  • Corporate Frauds and scams.
  • Offences/proceedings under Prevention of Money Laundering Act.
  • Prevention of Corruption Act.
  • Proceedings by Department of Company Affairs – Serious Frauds Investigation office.
  • Bank / Financial Institutions Frauds.
  • Dishonor of Cheques.
  • Criminal Defamation Cases.
  • Other White Collar Crimes / Economic Offences.
  • Data Theft & Other IT Offences.

Personal and Matrimonial Litigation

  • Divorce, separation and reinstitution of conjugal rights matters.
  • Maintenance and alimony issues.
  • Issues relating to Children’s custody.
  • Proceedings under dowry harassment and domestic violence laws.