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Court should not exercise its discretion to exercise such
jurisdiction in view of aforesaid position and relied upon judgment of Supreme
Court in the case of Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.,
and particularly paras 10 and 25 thereof, which reads as under: "10.The
courts in India like the courts in England are courts of both law and equity.
The principles governing grant of injunction-an equitable relief-by a court
will also govern grant of anti-suit injunction which is but a species of
injunction. When a court restrains a party to a suit/proceeding before it from
instituting or prosecuting a case in another court including foreign court, it
is called anti-suit injunction. It is a common ground that the courts in India
have power to issue anti-suit injunction to a party over whom it has personal
jurisdiction, in an appropriated case. This is cause courts of equity exercise
jurisdiction in persona. However, having regard to the rule of comity, this
power will be exercised sparingly because such an injunction though directed
against a person, in effect causes interference in the exercise of jurisdiction
by another court.
Our Firm advises its clients on provisions under the Banking
Regulation Act, 1949 and notifications issued by the RBI. Our Firm also advises
clients on structuring of foreign investments in the banking sector in India
including foreign exchange regulations under FEMA.
Services rendered by our Firm in the financial sector
include acquisition finance, project finance, legal opinions, drafting escrow,
consortium, mortgage, pledge and lien agreements and loan agreements, credit
& security documentation. Our Firm also deals in securitization of assets,
cases with respect to dishonor of cheques, debentures, guarantees and other
forms of securities, etc. Our Firm represents in civil and criminal litigation,
consumer matters and arbitration.
Our Firm deals in all matters connected with DRT, ADRT and
Securitization Act including drafting of DRT replies, counter-claims,
counter-suits, suits, writ petitions, etc.
Our Indian law firm provides the legal services in the
fields of company laws in India. We provide all services pertaining to the incorporation
and formation of company in India, compliances of the provisions of company’s
Act, formation of a foreign company in India, establishing a branch office,
liaison office in India and all other related legal services in the fields of
company law in India. We provide the services of Indian attorneys for all legal
services pertaining to company laws in India. We also provide all kinds of
legal documentation services which include the drafting and vetting of
agreements pertaining to mergers, de-mergers, takeovers, share transfer, change
of directors etc., drafting of the memorandum of association and articles of
association for an Indian company. We also provide all services pertaining to
the compliances before the Registrar of Companies, Company Law Board, and
Ministry of Corporate Affairs. We also provide all services pertaining to the
formation and incorporation of companies, private limited companies, public
limited companies, NBFC, FII etc. We also provide all kinds of startup services
in India for the foreign nations intending to start their own business in
India.
For companies, partnership firm, proprietor ship firm and
traders etc.. can file a suit for recovery their unpaid bills/ Business due
amount or payment where:-
There are any written contract/agreement between the
parties.
Then they can file a summary suit under order XXXVII Civil
Procedure Code. In this suit debtors have very limited scope to avoid to pay
the debts to the parties, as there are very few chances to delay the
proceeding. Every case has to special character and its depends upon the matter
to matter.
If any party has filed a suit under this order and rule,
then after putting the appearance before the Court within ten days and after
service of summon for judgments, defendant can seek leave to defend for
contesting the matter and its depends upon the court that leave may be grant or
not.
For filing of debt recovery suit U/o XXXII Civil Procedure
Code are based upon this guide line define in this section/under order as
under.
INSTITUTION OF
SUMMARY SUITS:- A suit, to which this order applies, may if the plaintiff
desires to proceed hereunder, be instituted by presenting a plaint which shall
contain-
a specific averment to the effect that the suit is filed
under this order:
that no relief, which does not fall with in the ambit of
this rule, has been claimed in the plaint: and the following inscription,
immediately below the number of the suit in the title of the suit namely-“(U/o
XXXVII of the code of Civil procedure , 1908)
SUMMARY PROCEDURE:
COURT AND CLASSES OF SIUTS TO WHICH THE ORDER IS TO APPLY-
1. This order shall apply to the following courts, namely
(a) High courts, city civil Courts and courts of small
cause.
(b) other courts: provided that in respect of the court s
referred to in clause (b), the high Court may, by notification in the official
gazette, restrict the operation of this order only to such categories suits as
it deems proper, and may also, from time to time, as the circumstances, of the
case may require, by subsequent notification on the official gazette, further
restrict, enlarge or vary, the categories of suits to be brought under the
operation of this order as it deems proper.
2. Subject to the provisions of Sub Rules (1), the order
applies to the following classes of suits namely-
(a) suits upon will 0f exchange, Hundies and promissory
notes:
(b)suits in which the plaintiff seeks only to recover a debt
or liquidated demand in money payable by the defendant, with or without
interest, arising-
(i) on a written contract, or
(ii) on an enactment, where the sum sought to be recovered
is a fixed sum of money or in the nature of the debt other then a penalty: or
(iii) on a guarantee, where the claim against the principal
is in respect of a debt or liquidated demand only.
If written Contract or Agreement is not there then a simple
civil recovery suit will be file on the basis of facts and circumstances of the
case.
Jurisdiction to File
a suit in Delhi
In Delhi ,India at persent party can file a suit for the
recovery upto 3 lakh before the Civil Judge and above 3 lakhs, then party may
file before Addl.civil Judge but bellow Rs. 20 Lakhs.
if amount exceeding Rs.20 lakhs the party may file their
suit in Delhi High Court.
Court Fees : for the recovery of amount, party must pay the
court fees as per the Indian Court Fees Act bt and Money Suit.
International-Foreign Compnies Arbitration in India
We take either of the arbitration cases voluntary or mandatory and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable. - Negotiating in the best possible manner - Conciliating the issues and dispute reasons - Preparation and putting the disputed case before arbitrator - Domestic and International Arbitration - Enforcement of Award
Corporate & Commercial Legal Srvices in Litigation
Our Corporate Law firm is a team of expert lawyers who offer effective services to our clients by combining broad knowledge of corporate law matters with experience in key sub disciplines. With the ability to identify potential issues and develop real-time, practical solutions to a wide variety of client concerns, we ensure complete customer satisfaction. We offer specific support to our clients in critical solutions by harnessing the skill and experience within the group. With our comprehensive understanding of various business challenges and the associated legal practices, we strive to enable our clients to successfully meet ongoing challenges and upcoming opportunities. Through every phase of growth of our client's business (from incorporation to a fully grown/matured business), we assist business owners, management teams and shareholders involved in making the key decisions that help determine long-term success. Working in co-operation with our clients, we provide result oriented service and efficient implementation of corporate dealings. Services & Capabilities To build a firm foundation we work with new ventures in the following areas: ° Determining the appropriate business entity, tax status and jurisdiction. ° Structuring and formation of new entities. ° Foreign Investments, Joint Ventures, Foreign Collaborations and Technology Absorption. ° Setting up of branch offices, liaison offices or project offices. ° Tax planning. ° Developing and documenting shareholder agreements. ° Creating executive employment agreements and ESOP Plans that attract and retain key leadership. ° Identifying and securing intellectual property via patents, trademarks, and copyright protection. ° Creating business financing strategies. ° We further provide advice regarding ongoing business needs and transactions including. ° Distributorships, Sales agreements. ° Stockholders' buy-sell agreements. ° Franchise agreements. ° Intellectual property and license agreements. ° Outsourcing agreements. ° Licensing agreements and technology transfers,including software hardware and other products and services. ° Trade practices, advertising and promotions.
As per the Law ," One Company takes legal action against another."