NCLT Practice in Kolkata
The National Company Law Tribunal (NCLT), Kolkata Bench, located at the Kolkata Bench complex, handles a wide range of corporate matters. Advocate Shaw regularly appears before the NCLT, Kolkata Bench, in:
Oppression and Mismanagement Petitions: Filed by shareholders when the affairs of the company are conducted in a manner prejudicial to the interests of the company or its shareholders.
Schemes of Arrangement: Mergers, amalgamations, demergers, and compromise with creditors and members require NCLT approval.
Corporate Insolvency Resolution Process (CIRP): Under the Insolvency and Bankruptcy Code, 2016, financial and operational creditors can initiate CIRP against a corporate debtor before the NCLT.
Appeals Against ROC Orders: The NCLT hears appeals against orders of the Registrar of Companies.
Restoration of Struck-Off Companies: Companies whose names have been struck off by the ROC can apply for restoration.
Contract Drafting and Disputes
Contracts are the lifeblood of business. Advocate Shaw's contract practice includes:
Drafting and Review: Shareholders' agreements, joint venture agreements, franchise agreements, distribution agreements, service agreements, employment contracts, non-disclosure agreements, and commercial leases.
Contract Disputes: Litigation arising from breach of contract, interpretation of contractual terms, enforcement of indemnity clauses, and invocation of bank guarantees.
Arbitration Clauses: Drafting effective arbitration clauses and representing clients in commercial arbitrations.
Force Majeure and Frustration: Advising on the impact of unforeseen events on contractual obligations.
Business Dispute Resolution
Business disputes in Kolkata can be resolved through:
Commercial Courts: The Commercial Courts Act, 2015, established dedicated commercial courts (and commercial divisions in the Calcutta High Court) for speedy resolution of commercial disputes above a specified value.
Arbitration: Many commercial contracts provide for arbitration as the dispute resolution mechanism. Advocate Shaw represents clients in both ad hoc and institutional arbitrations.
Mediation: As a trained mediator, Advocate Shaw facilitates settlements in business disputes, often saving clients years of litigation.
Summary Suits: For recovery of money based on written contracts, negotiable instruments, and acknowledged debts.
Regulatory Compliance and Advisory
Kolkata businesses must navigate a complex regulatory landscape. Advocate Shaw provides advisory services on:
FEMA and Foreign Investment: Compliance with the Foreign Exchange Management Act and regulations governing foreign direct investment and overseas direct investment.
MSME Registration and Disputes: Registration under the MSMED Act and resolution of payment disputes through the MSME facilitation council.
Trade Licenses and Permits: Obtaining and renewing trade licenses from the Kolkata Municipal Corporation and other authorities.
Labour Law Compliance: Compliance with the Shops and Establishments Act, the Factories Act, and other labour laws applicable to businesses in West Bengal.