Kashyap & Kashyap Law Chambers | Expert Legal Services Delhi

CORPORATE LAW & BUSINESS TRIBUNALS

Company Incorporation and Regulatory Compliance

What It Includes: Legal services for company formation including private limited companies, public limited companies, one person companies, and limited liability partnerships under Companies Act 2013, regulatory compliance including annual filings, board resolutions, statutory registers maintenance, and ongoing corporate governance requirements.

When You Need It:

Starting new business requiring corporate legal structure
Converting existing partnership or proprietorship to company
Need limited liability protection for business operations
Regulatory compliance requirements for existing companies
Annual filing obligations and statutory compliance deadlines
Corporate restructuring or change in company structure

Procedure Involved: Company incorporation involves name reservation with Registrar of Companies, preparation of Memorandum and Articles of Association, filing of incorporation documents with required fees, and obtaining Certificate of Incorporation. Ongoing compliance requires filing annual returns, financial statements, board meeting minutes, and maintaining statutory registers with regular updates as per Companies Act requirements.

Jurisdiction: Registrar of Companies, National Company Law Tribunal (NCLT), Ministry of Corporate Affairs, Commercial Courts

Related Services: NCLT proceedings, Commercial contracts, Banking disputes

NCLT/NCLAT Corporate Tribunal Matters

What It Includes: Comprehensive legal representation before National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) for company law disputes including oppression and mismanagement petitions, merger and amalgamation approvals, corporate governance disputes, appeals against tribunal orders, and complex corporate restructuring matters requiring specialized tribunal expertise.

When You Need It:

Minority shareholders facing oppression or mismanagement by majority shareholders
Company requires court-supervised merger, amalgamation, or scheme of arrangement
Corporate governance violations or disputes between shareholders and management
NCLT order requires challenge on legal or factual grounds before NCLAT
Complex corporate restructuring involving demergers, spin-offs, or business transfers
Time-bound appellate relief required for business continuity and operations

Procedure Involved: NCLT proceedings involve filing company petition with supporting documents, service of notices to respondents, and evidence recording with consideration of public interest. NCLAT appeals require filing within prescribed limitation periods with appeal records from NCLT proceedings and detailed grounds of challenge.

Jurisdiction: NCLT, NCLAT, Supreme Court, High Court

IBC Insolvency and Bankruptcy Matters

What It Includes: Legal representation in insolvency proceedings under Insolvency and Bankruptcy Code including Corporate Insolvency Resolution Process (CIRP), liquidation proceedings, voluntary liquidation, fast track insolvency resolution, and personal guarantor insolvency with focus on creditor rights protection and debt resolution.

When You Need It:

Company unable to pay debts and facing insolvency
Creditors seeking recovery through insolvency proceedings
Operational creditors with unpaid dues above threshold amount
Financial creditors seeking debt resolution through CIRP
Company choosing voluntary liquidation for business closure
Personal guarantors facing insolvency proceedings

Procedure Involved: IBC proceedings involve filing application by financial or operational creditors, admission of application by NCLT, appointment of Interim Resolution Professional, and moratorium on legal proceedings. The process includes creditor committee formation, resolution plan preparation and approval, or liquidation if resolution fails. Timeline is strictly monitored with maximum 330 days for completion of CIRP.

Jurisdiction: NCLT, NCLAT, Supreme Court, Insolvency and Bankruptcy Board of India (IBBI)

Related Services: NCLT proceedings, Banking disputes, Debt recovery

Banking & Debt Recovery Matters

What It Includes: Comprehensive legal representation in banking disputes and institutional debt recovery including SARFAESI Act proceedings, Debt Recovery Tribunal (DRT) matters, banking litigation, loan default cases, asset reconstruction proceedings, and enforcement of security interests by banks and financial institutions against borrowers and guarantors.

When You Need It:

Bank has initiated SARFAESI proceedings for loan recovery and asset attachment
Debt Recovery Tribunal case filed by bank or financial institution for recovery
Challenging bank's action for asset attachment, sale, or auction proceedings
Defending against personal or corporate guarantee enforcement by banking institutions
Negotiating one-time settlement or restructuring with banks and financial institutions
Asset reconstruction company proceedings requiring legal response and representation

Procedure Involved: Banking dispute resolution involves responding to recovery notices, filing applications before Debt Recovery Tribunals with counter-claims if applicable, and challenging SARFAESI actions before appropriate forums. DRT proceedings include filing written statements, evidence recording, examination of loan documentation and security creation validity, and final recovery orders.

Jurisdiction: Debt Recovery Tribunals (DRT), Debt Recovery Appellate Tribunals (DRAT), District Courts, High Court

Intellectual Property Protection and Enforcement

What It Includes: Comprehensive intellectual property legal services including trademark registration and enforcement, copyright protection and infringement litigation, patent prosecution and disputes, trade secret protection, brand enforcement against counterfeiting, and IP licensing agreements with strategic IP portfolio management and monetization.

When You Need It:

Trademark registration for brand protection or defending existing trademark rights
Copyright infringement cases involving unauthorized use of creative works
Patent prosecution, opposition, or infringement litigation matters
Brand protection against counterfeiting, passing off, or unauthorized use
Trade secret violations or confidential information misappropriation
IP licensing negotiations, technology transfer, or franchise agreements

Procedure Involved: IP proceedings involve filing applications before appropriate IP registries, prosecution through examination and opposition processes, and enforcement litigation before specialized courts. The process includes prior art searches, trademark clearance, examination response preparation, opposition and cancellation proceedings, and infringement litigation with technical evidence and expert testimony.

Jurisdiction: Controller General of Patents, Designs and Trade Marks, Commercial Courts, Intellectual Property Appellate Board (IPAB), Delhi High Court

Related Services: Commercial disputes, Technology law, Corporate compliance

Taxation Matters and Tax Dispute Resolution

What It Includes: Legal representation in comprehensive taxation disputes including income tax assessments and appeals, GST compliance and litigation, tax penalty proceedings, recovery disputes, transfer pricing matters, and international taxation issues with specialized expertise in direct and indirect tax laws and settlement procedures.

When You Need It:

Income tax assessment orders, additions, or disallowances requiring challenge
GST compliance disputes, input tax
GST compliance disputes, input tax credit denials, or classification issues
Tax penalty proceedings, prosecution matters, or settlement negotiations
Tax recovery actions including attachment of assets or bank accounts
Transfer pricing adjustments or international taxation disputes
Tax planning advisory and compliance for businesses and individuals

Procedure Involved: Tax dispute resolution involves filing appeals before appropriate tax appellate authorities, representing clients during assessment and inquiry proceedings, and challenging tax demands through statutory procedures. The process includes examination of tax computations and legal provisions, compilation of supporting evidence and case law, preparation of detailed written submissions, and oral arguments before tax forums. Settlement options through Dispute Resolution Panel or Settlement Commission may be explored for eligible cases.

Jurisdiction: Commissioner of Income Tax (Appeals), Income Tax Appellate Tribunal (ITAT), GST Appellate Authority, GST Appellate Tribunal, High Court

Commercial Contracts and M&A Support

What It Includes: Legal services for commercial contract drafting, negotiation, and enforcement including merger and acquisition documentation, due diligence, regulatory approvals, joint venture agreements, and complex commercial transaction structuring with focus on risk mitigation and regulatory compliance.

When You Need It:

Negotiating complex commercial agreements and contracts
Merger or acquisition transaction requiring legal documentation
Due diligence for business acquisitions or investments
Joint venture or strategic partnership agreements
Commercial contract disputes requiring enforcement action
Regulatory approvals for cross-border transactions

Procedure Involved: Commercial contract work involves agreement drafting with appropriate terms and conditions, due diligence review of counterparty documentation, negotiation of commercial and legal terms, and regulatory compliance verification. M&A transactions require comprehensive due diligence, valuation support, regulatory filing preparation, and post-transaction compliance monitoring with appropriate documentation.

Jurisdiction: Commercial Courts, Company Law Board or NCLT, Competition Commission of India, Foreign Investment Promotion Board