Aegis Legal is one of the best Corporate litigation firm in Delhi India and has very extensive practice of Commercial & Corporate law, Companies Law, NCLT & IBC Cases, Debt Recovery Tribunal (DRT) cases, SARFAISI RDDBFI cases related litigation practice across India. The Firm has separate legal team for commercial & corporate litigation in Delhi. They are capable and well equipped to serve its clients to their legal requirements.
Corporate litigation refers to legal disputes that arise within or outside a company's operations. These disputes can involve various legal issues, including breach of contract, employment disputes, intellectual property rights, and regulatory compliance. Corporate litigation encompasses both internal conflicts (e.g., between shareholders) and external conflicts (e.g., with customers or competitors).
Corporate litigation is not just about one business suing another. It also includes legal proceedings having anything to do with a firm or corporation, and include measures taken to avoid litigation as well as litigating and managing business disputes.
In general, corporate litigation involves a whole host of tort and contract issues. Legal problems a corporation may face over the course of its life, such as the following comes under the corporate or commercial litigation:
- Securing agreement on wage, work hours and anti-discrimination laws
- Protecting firms against illegal termination suits
- Ensuring compliance with fresh accounting and corporate governance laws
- Contesting or negotiating claims
- Maintaining corporate tax agreement
- Resolving labor disagreements with workforces as well as with employees and professionals
- Violation of contract issues, mostly with other companies, whether supporting or suing
- Tort matters, where a buyer or consumer sustains damage either from the product or the services offered
- Corporate land issues, premises liability to disputes with landlords or regulators
The National Company Law Tribunal is a quasi-judicial body established to adjudicate matters related to companies in India. It has been established under the Companies Act, 2013. NCLT acts as specialized tribunal to resolve corporate disputes. NCLT also has the authority to address various other matters, such as insolvency, mergers, and corporate governance issues. The introduction of NCLT ensures a separate forum for company-related cases, steps towards efficient disposal, and less burden on traditional courts.
The jurisdiction of NCLT is Original jurisdiction, which means it happens to be the first-ever forum for such proceedings in respect of company law matters like corporate insolvency, mergers and acquisitions, winding up of companies, and oppression/mismanagement.
The National Company Law Appellate Tribunal was also enacted under the Companies Act, 2013. Here again, its primary function is to act as an appellate authority over decisions made by NCLT. Appeals from parties who feel that their claim has not been vindicated, due to the orders passed by NCLT, come up before NCLAT. Such a system ensures that law standards are kept alive and also acts as a check on the decisions of the tribunal in corporate matters. NCLAT has its appellate jurisdiction, that is, to hear appeals of cases already decided by the NCLT. Parties, having not agreed with the decisions passed by NCLT, can approach the NCLAT within a specified time of forty- five days as stated under section 421 of the Companies Act, 2013; section 421 is produced herein under for the better understanding:
“421. Appeal from orders of Tribunal.—(1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.
(2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.
(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.
(4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.”
Thus, Corporate Litigation includes any legal procedure having anything to do with a business or organization and can involve steps taken to avoid litigation as well as litigating and managing business disputes.
