The unified regime envisages a structured and time-bound process for insolvency resolution and liquidation, which should significantly improve debt recovery rates and revitalise the ailing Indian corporate bond markets.
ADR (Alternative Dispute Resolution)
At ANZ LAWZ, we fundamentally believe that Alternate Dispute Redressal Mechanism is the future of tomorrow for resolution of a dispute.
Invariably, all agreements, business transactions, deals are being developed and drafted in a manner that in the unforeseen eventuality of disputes arising out of contractual liabilities between companies interest or between Companies and Individuals are resolved through Arbitration, Conciliation or Mediation.
BROAD SERVICE SPECTRUM
- Appearance in Arbitration Proceedings across sectors and Industry before Arbitrator/s
- High Court original jurisdiction in the appointment of Arbitrator for Domestic & International Arbitration, Challenging Constitution of Arbitrator & Awards, etc
- Drafting and laying down in detail Arbitration agreement and processes in case of conflict.
- Mediation: Pre and Post litigation Mediation
- Conciliation Proceedings
Commercial & Industrial Dispute
The Commercial Court Act,2015 was enacted by the Parliament with a sole objective of formation of commercial divisions in the different high courts and commercial courts at the district level. The act aims for speedy execution of commercial disputes and disagreements. Considering the pendency of unresolved litigation in India, there is a requirement for the swift mechanism for recovery of claims and the compensation for damages. By the enactment of Commercial Courts, Commercial Division and Commercial Appellate Division the objective could be achieved. The Act is expected to lighten the encumbrance of litigation on courts making it less cumbrous and more efficient. The President of India gave his assent to the act on 31st December 2015 and subsequently, it came into force on 23rd October 2015.
HIGHLIGHTS OF THE ACT
- Mandates the setting up of specialized courts or divisions of courts, comprised of judges experienced in commercial matters, to hear commercial disputes with a value of Rs. 1 crore (10 million) or more.
- Applies to a very wide range of disputes, including disputes about all commercial agreements such as the sale of goods and services, corporate agreements, such as shareholders, joint venture and partnership agreements, all commercial property matters, and all intellectual property matters.
- Also applies to arbitration applications and appeals.
- Seeks to speed up the hearing of these commercial disputes by introducing procedural innovations
Definition of Commercial Dispute
Section 2(c) of the act defines Commercial Dispute. The Act applies exclusively to commercial disputes and defines these widely as including disputes arising out of the ordinary transactions of merchants, bankers, financiers and traders, agreements for the sale of goods or provision of services, partnership and joint venture agreements, shareholders agreements, franchising and licensing agreements, construction and infrastructure contracts, commercial property agreements, insurance, subscription and investment agreements, intellectual property rights etc. This includes commercial disputes with the government and government agencies commercial dispute as arising out of the following:
Definition of Specified Value
Section 2(i) speaks about the specified value that means that the commercial dispute or the value of the subject-matter of a suit shall not be less than One Crore Rupees or such higher value which may be notified by the Central Government in this regard.
Determination Of Specified Value:
According to Section 12 of the act, the Specified Value concerning the commercial dispute will be established in the following manner.
- when the relief prayed is for recovery of any money, the money which is sought to be recovered inclusive of any underlying interest shall be calculated up to the date of filing of such suit or application and will be taken in consideration for regulating the Specified Value;
- when the relief prayed narrates to movable property or any right accruing therein, the market value of such movable property as on the date of filing will be taken into consideration for regulating such Specified Value;
- when the relief prayed is related to immovable property or any right accruing therein, the market value of the immovable property, as on the date of filing will be taken into consideration for determining such Specified Value;
- when the relief prayed relates to any intangible right the market value of the rights that will be assessed by the plaintiff will be taken into consideration for considering the Specified Value; and
- when the counterclaim is preferred, the total value of the subject-matter of the dispute in such counterclaim as specified on the date of the counterclaim will be taken into consideration.
Procedural changes Brought by the Act
Other than the establishment of dedicated commercial courts, the most interesting aspect of the Act is the new procedure for hearing matters that it prescribes:
- Strict deadlines
The new Act contains strict deadlines for the conduct of cases, such as for filing written statements, filing all documents relevant to the matter and filing written arguments. A failure to comply with these deadlines has serious adverse consequences such as the forfeiture of the right to make a filing or to rely on a document. The Act even imposes a deadline on judges, requiring that judges pronounce judgment within 90 days of the conclusion of final arguments.
- Innovations in procedure
The Act also adopts several new procedures intended to expedite hearings. The Act mandates that, in line with the practice in other countries, Commercial Courts and Commercial Divisions will hold case management hearings as part of each matter. A case management hearing is a preliminary hearing at which the court will hear all the parties and then frame the issues to be decided in the matter. The court can also fix specific dates for the various steps involved in a matter, such as the filing of evidence, the cross-examination of witnesses and the date for hearing arguments. The court may also fix time limits for arguments during the case management hearing. Another change in the process adopted by the Act is that parties are required to file written arguments in each case well in advance of the oral hearing, in order to allow parties to prepare in advance to counter the other side’s arguments.
Constitution of Commercial Court
Section 3 states that State Government after consultation with the High Court shall constitute an adequate number of Commercial Courts at the district level, for the perseverance of exerting the jurisdiction and powers which are conferred by this act. Providing that no such Commercial Court will be established over the territory on which the High Court has ordained with original civil jurisdiction.
The State Government has been devolved with the power after due consultation with the concerned High Court to specify the local limits within which the Commercial Court shall exercise jurisdiction and such jurisdiction may be extended, reduced or altered from time to time. The State Government after with the correspondence with the Chief Justice of the concerned High Court may appoint one or more persons having knowledge in dispensing with commercial disputes to be the Judge or Judges, of the said Commercial Court, amid the unit of Higher Judicial Service in the concerned State.
Constitution Of Commercial Appellate Division:
Section 5 states that after notification is issued under sub-section (1) of section 3 of the act or any order under sub-section (1) of section 4 of the act, the Chief Justice of the High Court will constitute Commercial Appellate Division having one or more than one Division Benches for the determination of applying the jurisdiction and powers conferred by this act.
The Chief Justice of the High Court is empowered to nominate such Judges of the High Court who have knowledge in apportioning with such commercial disputes to be appointed as Judges of such Commercial Appellate Division in the High Court.
Jurisdiction Of Commercial Court:
Section 6 states that the Commercial Court is conferred with the exclusive jurisdiction to try such suits and applications which are concerning to a commercial dispute of a Specified Value which arises out of the whole territory of the State over which it has been bestowed with territorial jurisdiction.
EFFECT ON PENDING MATTERS
Pending matters will also be transferred to the new commercial court system, where they relate to commercial disputes of Rs. 1 crore or more unless final judgment has been reserved in the matters. Where such matters are pending in a High Court, they are to be transferred to the Commercial Bench in that High Court; where they are pending in any other civil court, they are to be transferred to the corresponding Commercial Court.
NO OVERLAP WITH TRIBUNALS
Matters which do not fall within the jurisdiction of civil courts (such as those within the jurisdiction of specialized tribunals such as the Debt Recovery Tribunals or Company Law Board) will not be transferred to the new Commercial Courts and Commercial Divisions even if they relate to
Arbitration Applications and Appeals
Arbitration appeals and applications relating to commercial disputes of Rs. 1 crore or more are also to be heard by the specialized courts or divisions created under the Act, and pending arbitration applications are to be transferred to these courts
APPEALS FROM DECREES OF COMMERCIAL COURTS AND COMMERCIAL DIVISIONS
Under Section 13 any party that is aggrieved by the pronouncement of the order or judgments by the Commercial Court or Commercial Division of a High Court as the case may be an appeal to the Commercial Appellate Division of that concerned High Court within a stipulated period of sixty days from the date of such judgment.
Providing that an appeal shall lie be preferred from any such orders or judgments conceded by a Commercial Division or a Commercial Court as the case may be which are unambiguously detailed under the Order XLIII of the Code of Civil Procedure, 1908 and section 37 of the Arbitration and Conciliation Act, 1996.
Amendments To The Code Of Civil Procedure, 1908 Vis-A-Vis Commercial Disputes
The Code of Civil Procedure, 1908 shall, in its application to any suit related to the commercial dispute of a Specified Value, will stand amended in the manner as enumerated in the Schedule of the act. The Commercial Division and Commercial Court will be following the provisions of the Code of Civil Procedure, 1908, as amended by this Act, in the respect of a suit which is connected to a commercial dispute of a Specified Value. Whereby any concerning provision of the Rules of the jurisdictional of High Court or any such amendment to the Code of Civil Procedure, 1908, by the concerned State Government is in divergence to the provisions of the Code of Civil Procedure, 1908, the provisions of the Code of Civil Procedure will prevail.
Corporate law matters require a vast study of legal and external affairs matters. It’s a process of analysing and utilising an opportunity as well as legal provisions.
Our corporate lawyers are proficient in analyzing deals, its pros and cons and more important viability of the same to have a win and win situation. We deliver comprehensive advice to our clients in all core disciplines. Our team is led by highly experienced, skilled and dedicated advocates who are well versed with the corporate sector and its technical difficulties.
Our Corporate law spectrum covers following broad captions:
- Formation and establishment of Corporation/ legal entity
- Framing of policies
- Merger and Acquisition
- Foreign trade
- Employee or employer strife
- Competition aspect in market
- Disputes involving regulatory bodies e.g. SEBI, IRDAI, RBI etc.
- Issues involving Corporate fraud and Deceptive practices
- Insider trading
- Regulatory compliance
- Corporate transaction documentation
Our team has represented clients diligently before Fora including Trial Courts, Tribunals such as Special Courts for Money Laundering, Appellate tribunals of Money Laundering, High Courts and the Supreme Court of India.
The categories of economic offences are:-
(i) Traditional economic crime which includes corruption, smuggling, bogus imports etc.
(ii) Emerging technological economic crimes that include credit card frauds, counterfeiting, cyber-crimes etc.
(iii) Crimes through which proceeds of transnational organized crime are transmitted abroad like money laundering.
Tracing the money trail, including the origin of funds, combating money laundering through reduction of bank secrecy and seizure of assets are issues of paramount importance.
Infrastructure| Real Estate | Acquisition
Real Estate acquisitions and dispositions require adept and experienced hands. We have dedicated team of lawyers who are proficient in analyzing deals, its pros and cons and more important viability of
the same to have a win and win situation either buying or selling or acquiring or collaborating. Our resource team is well conversant with real-time challenges of transactions besides being well conversant with all-round development of laws.
Broad Spectrum of Services:
- Due Diligence
- Title verification
- Survey reports
- Feasibility report & Loan Procurement
- Drafting & Advising on a collaboration agreement
- Drafting commercial lease
- Enforcement of agreement through litigation & Arbitration.
- Pursuing, prosecuting, and defending in cases of fraudulent transactions.
- Personal visits on sites for ground assessment
- Background check
- Developer and buyer related litigation, civil & criminal and Arbitration.
- Eviction on unlawful possessions.
MSME is an acronym used for Micro, Small and Medium Enterprises. The basic objective behind the introduction of MSME ACT, 2006 was to facilitate the promotion and development and further enhance the competitiveness of micro, small and medium, enterprises. MSMEs are basically small-sized businesses defined in terms of their investment and annual turnover as follows;
|Manufacturing Enterprises and Enterprises rendering Services||Investment in Plant and Machinery or Equipment:
Not more than Rs.1 crore and Annual Turnover; not more than Rs. 5 crore
|Investment in Plant and Machinery or Equipment:
Not more than Rs.10 crore and Annual Turnover; not more than Rs. 50 crore
|Investment in Plant and Machinery or Equipment:
Not more than Rs.50 crore and Annual Turnover; not more than Rs. 250 crore
Any entrepreneur associated with the Manufacturing or Service Enterprise and along with that holding valid Aadhaar Number (Udyog Aaadhar) as well as SSI number can claim the benefits as provided by the Act. Any Enterprises that seek to claim benefits and relief can by registering themselves can claim immense benefits that have been introduced considering the MSME as an emerging sector.
Obtaining MSME registration is not mandatory and as at the sole discretion of the Entrepreneur. The units get registered to avail the below-listed benefits which not only boost up their growth but also provide them with the required support:
- Collateral Free loans from banks
- Reservation policies to manufacturing/production sector
- Very easy to get Licenses, approvals and registrations
- Special consideration on international trade fairs:
- Octroi benefits
- Waiver of Stamp Duty and Registration Fees
- Exemption under Direct Tax Laws
- Bar Code registration subsidy
- Subsidy on NSIC Performance and Credit ratings
- Eligible for IPS subsidy
- Counter Guarantee from Government of India through CGSTI
- Protection against delay in payment
- Reduction in the rate of Interest from banks
- 15% CLCSS subsidy to purchase fully
- Waiver in Security Deposit in Government
- Concession in electricity bills
- Reimbursement of ISO Certification
- Excise Exemption Scheme
- Preference in procuring Government
- P15% weightage in price Preference
- 1% exemption on the interest rate on OD
- 50% subsidy for patent registration
LEGAL BENEFITS OF REGISTERING MSME UNDER MSME ACT 2006
- If a micro or small enterprise has filed a memorandum with DIC of its area, then it stands to gain as to timely payment in respect of the supply of goods or rendering of services to any buyer.
- With the enactment of MSMED Act, 2006, the Interest on delayed payments to microscale and small scale entitles them for three times the prevailing rate of RBI.
- Any Buyer who purchased any goods or availed any services from Micro or Small enterprises which has filed a memorandum with the authority, then the buyer shall make the payment on or before the date agreed upon between him and the supplier in writing or within a period of 15 days from the day the goods are delivered or services are rendered. However, the period of credit can not exceed more than 45 days from the date of delivering product or services.
Broad Spectrum of Services
Filing of application for Udyog Aadhar
Filing of application before the MSEFC
Appearance in Conciliation Proceedings before MSEFC
Drafting and Filing of Claim before the MSEFC
Appearance in Arbitration Proceedings
Execution of Arbitral Award.
Broadcasting| Entertainment| Fashion
In recent times, the entertainment industry is at its boom and having a major role in the economic growth of respective countries. The entertainment industry is marking its presence all over in the world in all people of all age group. To regulate a growing industry government has enacted laws such as The Cable Television Networks Regulation Act, 1995, The Cinematograph Act, 1952, e.t.c, in a more comprehensive way. Our team is well qualified and specialised with comprehensive laws enacted for regulation of the media and entertainment sector from censorship to broadcasting. Our team devise and deliver well-researched and comprehensive commercial and litigation strategies for all issues faced by our clients.
We have worked with media and entertainment houses for their initial public offerings.
We advise on a broad range of legal matters related to Media and Entertainment law:
- Drafting and vetting contracts/ agreements
- Freedom of Information
- Freedom of Speech
- Protection of contents on Digital Platform
Our litigation team is adept in handling challenging multi-dimensional civil remedies at all tiers of litigation in District Courts, High Courts, Supreme Court of India, tribunals, commissions. Our Civil law spectrum covers the following broad caption
- Service Matters
- Consumer Disputes
- Medical Negligence
- Landlord-Tenant Disputes
- Will, Probate, Letter of Administration
- Property Disputes
- Trademark and Copyright infringement
- Suit for Recovery
- Execution of Decree
- Enforcement of Foreign Decree
Cyberspace is a parallel world. Now, it encompasses everything ranging from communication, discussion, making friends, social groups, businesses, news, compliances, branding. Emails made letters obscure. Socialization became synonymous with social media like Facebook. Business cannot thrive without websites and social media platforms. Covid-19 has accelerated the growth and penetration in India.
E-commerce revolutionized consumerism. News has become a bundle of information rolling out from a ton of e-newspapers/magazine. Standing in queues replaced with an online book at all sectors. A parallel world is running.
This world also has various facet of compliances, rules and regulations to be followed and adopted. Theft is replaced with hacking while cheating with Phishing, etc, etc.
The new world has newer challenges. Legal challenges to protect this space are a newer dimension. The bigger challenge is fighting with a faceless attacker.
We have observed this transformation with probing legal lens. Our core legal team constituted and devoted to meet all compliances and challenges for corporate and entities is working round the clock to
Provide services and solution, amongst others as under:-
Cybersecurity Cyberlaw compliances Crimes through Emails Phishing Hacking:- Server, websites, systems Data theft Impersonation, Defamation Prevention of infringement of online contents Domain name disputes E-contracts and its enforcement Online infringement of Trademark E-commerce: Compliances, Advisory & Enforcement
Education is a cornerstone of a society and a benchmark of national progress. In this rapid changing world, education is not confined to traditional schools, colleges and central or state-run universities. Education Industry is ever-evolving and its dynamics are changing.
Law, rules & regulations, compliances, meeting norms and notifications are part and parcel to regulate and manage in the larger good of society.
Our broad spectrum of services
- Advisory Legal consultancy and solicitation
- Writ Petitions in High Court & Supreme Court
- Due diligence Legal viability and due legal compliances for all emerging International and World School, Private Colleges and deemed universities.
- Legal Support in running schools, institutions, university
- Manage Internal Complaints Committee (Compliance of Sexual harassment law) Registration of Trust & Societies. Legal training Module
POSH Sexual Harassment Law
ANZ LAWZ has created a specialized vertical for matters relating to Sexual Offences to meet all compliances for Corporate, Companies, and Entities as per Sexual Harassment of Women at Workplace Law.
In fact, our approach to sexual harassment in the workplace is always based on the client’s individual circumstances, not a one-size-fits-all solution that seems to work often enough. We extend our holistic services to the corporate to comply with the mandate of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also commonly known as POSH. Compliance of law has become mandatory. We believe that compliance should not only be cosmetic but engrained in the organization at all levels.
Broad Spectrum of Services
- Drafting/Reviewing sexual harassment Policy
- Forming Internal Complaints Committee
- Conducting workshop and Seminars
- Providing an External Member for Internal Complaints Committee
Owing it to the recent development in sports, ANZ LAWZ is proud to have added the field of Sports Law for our legion clientele so as to extend its expertise on legal requirements, resolution on risks, Sports Business Structuring and Management, Trademark issues, Patent and Design issues amongst other services.
NRI Legal Services
16 million Indians are living in various parts of the world. But their home and root lie in India. They have various sets of legal requirement ranging from property issue, inheritance, setting up companies and projects in India. Access to the legal and judicial system is a challenge to them due to geographical constraints.
We at ANZ LAWZ have developed a resource team and technological infrastructure to overcome geographical restraint. We conduct real-time video conferences to have virtually physical interaction. We understand the difference of time zone and thus carry out our interactions and updates according to the time zone of clients irrespective of the part of the world.
Our broad spectrum of services is as under:
Real Estate acquiring, investments, possessions
Property disputes and inheritance
Family matters Conflict of laws matter
Acquiring, Merging, setting up companies, institutions and schools in India.
Solicitation & Advisory.
Our broader reach and legal networking ensure legal services to various length and breadth of India.
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