Courts and Tribunal Litigation

Legals365 has experience representing clients in civil, criminal, commercial litigation and legal proceedings initiated in or before the Supreme Court of India, High Courts, District Courts and other jurisdictions as required. This includes litigation in courts exercising civil and criminal jurisdiction, City Civil Courts, Debt Recovery Tribunals, Consumer Forums and other forums having statutory authority.

Our lawyers represent clients in tribunals such as the Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, National Company Law Tribunal (NCLT), National Consumer Disputes Redressal Commission, National Green Tribunal and Central Administrative Tribunal. Litigation before these tribunals requires technical expertise as most statutes have prescribed limitation periods and procedural requirements.

What may appear on the surface to be a simple money lending or financial dispute can have multiple facets to it. For example, a lender may seek to file recovery proceedings against a borrower based on a contract or loan agreement. However, before the recovery claim is admitted by the Tribunal, questions regarding jurisdiction, limitation, maintainability of the application, interim relief, evidence and the right to appeal may need to be addressed.

Our lawyers examine all correspondence related to the dispute from beginning to date and help you file your reply/application before the appropriate forum. We ensure that you are aware of the stages in which the proceedings may go, what documents will be needed from you and how long each stage may take.

Straightforward Approach to Legal Problems

Every legal problem is unique. Legals365 does not use a one-size-fits-all strategy for every client or legal proceeding. Before advising a client on litigation, settlement or any other legal course of action, we assess the agreements executed by the parties, any notices or correspondence sent/received, account statements, e-mails, court documents and any other information that may be relevant to the dispute.

Generally, we first try to understand the facts of the dispute, the relationship between the parties, the relief sought by the client and any other party to the dispute, the limitation period for filing a claim and whether any immediate relief is required by way of an injunction or temporary order. Further, we try to resolve disputes without necessarily going into a protracted litigation battle. Where possible, we attempt to negotiate with the other party, mediate the dispute or send a legal notice to the other party in order to bring them to the negotiating table.

If litigation is required, we prepare a factual chronology based on your documents and assist you in drafting your pleadings. Pleadings are the initial documents filed in any lawsuit. They are extremely important because these documents contain the facts of the case, legal points and issues that are expected to be raised by the other side.

Banking Law, Finance Litigation and Loan Disputes

Our banking law and finance litigation practice includes representing borrowers, guarantors, lenders, companies and individuals in disputes arising out of loans, credit lines, mortgages, guarantees and security enforcement. We have advised clients regarding recovery claims, default disputes, loan settlements and one-time settlements.

Financial disputes can arise out of term loans, credit cards, home loans, loans against property, business loans, working capital limits, overdrafts and any other monetary accommodation provided by a lender to a borrower. Disputes may relate to recovery of outstanding amount, interest rates, penalty charges, enforcement of security interests, account classification, wrongful enforcement and attempted recoveries.

Our lawyers conduct a thorough review of loan agreements, sanction documents, loan repayment schedules, account statements, demand notices and other relevant correspondence exchanged between the parties. Where necessary, we check if the bank or lender has followed the statutory process and whether the stated dues are accurate as per the records. We offer legal representation and assistance in matters involving lender communication, preparation of responses and objections, representation in recovery proceedings before courts or tribunals and negotiating loan settlements or restructuring plans.

Legal Assistance for DRT and DRAT Cases

Legals365 represents borrowers and lenders before the Debt Recovery Tribunal and Debt Recovery Appellate Tribunal. These tribunals adjudicate upon disputes and proceedings initiated by or against banks, financial institutions and other lenders. Recovery cases are typically filed by banks or finance companies for recovery of outstanding amounts against loans provided.

Advocate BK Singh assists clients in DRAT matters including replies and objections filed in DRT proceedings, securitisation applications, interim applications, applications for stay of orders, restoration applications, appeals and other proceedings that are permitted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time).

If you have received a notice from the DRT or have been approached by a lender’s legal team regarding recovery action, please contact us. We will review the loan account details and help you understand your rights and options.

Legal Help for SARFAESI Cases

Our lawyers also represent clients in matters arising out of recovery action under the SARFAESI Act. Any residential or commercial property which is mortgaged to a bank or financial institution may be sold off to recover unpaid dues. Sarfaesi cases can impact houses, shops, commercial establishments, offices, factories, industrial units or any other property that has been pledged as security for a loan.

Legals365 assists borrowers, guarantors and other affected parties by reviewing demand notices received from banks, responding to symbolic possession notices, physical possession attempts by banks, auction lists and sale of secured assets. We have represented guarantors, co-owners, tenants, allottees, purchasers, legal heirs and third parties who may have an interest in the property and are affected by SARFAESI action.

It is important to respond to SARFAESI notices quickly. If you have received a demand notice, physical possession notice or notice of auction from your bank or financial institution, please contact us. Our legal team will help you understand whether the notices are legally valid and what relief is available to you.

Loan Settlement and One-Time Settlement Advocacy

If you are unable to repay your loan on account of job loss, business losses, medical emergencies, delayed payments from your employer or any other reason, it may be possible to negotiate a loan settlement or one-time settlement with your bank.

Legals365 advocates can review the outstanding amount, history of your loan account, disputed charges if any and your current financial situation to determine if sending a loan settlement request is a viable option. We assist clients with drafting representations for hardship, settlement requests, payment in instalments, responses to notices sent by banks or lenders and other correspondence for seeking closure documents after payment.

If the bank accepts your loan settlement or OTS request, make sure you get the terms in writing from the bank. Verify the amount to be paid, payment schedule, account references and terms of default as mentioned by the bank before making a payment. Our lawyers can also send follow-up requests to obtain a no-dues certificate, account closure letter or other relevant documentation on your behalf.

While we cannot promise that your lender will accept a loan settlement request, we will make sure that your current financial situation and offer to settle the account is communicated properly to the bank in writing.

Cheque Bounce Litigation Under Section 138

Advocate BK Singh has handled cheque dishonour cases under Section 138 of the Negotiable Instruments Act for borrowers as well as complainants. If you have received a cheque that was returned by the bank, please contact us for a free initial consultation. We can review the documents related to the transaction and help you decide on the appropriate course of action.

For complainants, our lawyers can send the statutory demand notice, file a cheque bounce complaint and represent you before court by producing all the relevant evidence. Documents such as the original cheque, bank memo, invoices, loan agreement (if any), account statements and previous correspondence with the party holding the cheque would be required.

For individuals who are accused of committing a cheque bounce offence, we analyse if the cheque was presented for a lawful debt or liability, if the notice demanding payment was sent and served according to law and whether the outstanding amount was correctly mentioned.

The defence in a cheque bounce case will depend on several factors including the nature of the cheque, reason for which the cheque was issued and documentary evidence in possession of the accused. We attempt a settlement where possible and can also file a compounding application or help dispute parties settle their matter in a timely manner.

Consumer Law and NCDRC Matters

The lawyers at Legals365 represent consumers and businesses in consumer disputes pertaining to defective goods, deficient services, non-delivery of ordered goods, insurance claim disputes, delayed possession, banking services, medical negligence, travel services, denial of services and e-commerce disputes.

Consumer law disputes are handled in District Consumer Forums, State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission. Matters instituted in a Consumer Forum require a fact-specific narration of how the transaction took place, what deficiency existed, what damages were caused to the consumer and the relief sought by way of compensation, replacement, refund or punishment.

Whether you are a consumer or a business/service provider faced with a consumer complaint, we assist with sending legal notices, consumer complaints, preparation of written statements, rejoinders, evidence affidavits, interim relief applications, drafting of appeals and references, preparation of replies to appeals and assistance in execution proceedings.

Establishing evidence is key in consumer disputes. We help clients compile evidence such as the invoice/register memo of the purchase, agreements, booking/tickets confirmations, payment receipts, correspondence through email, cash memo, complaint acknowledgment from retailer/service provider, medical or expert reports and written commitments made by the business or service provider.

Companies Act, NCLT, Corporate and Insolvency Law

Legals365 assists companies, creditors (operational and financial), investors, promoters, directors and other parties in disputes within the ambit of the National Company Law Tribunal. NCLT and insolvency-related work involves insolvency petitions, claims by operational creditors and financial creditors, company disputes under multiple statutes, oppression and mismanagement complaints and restoration of company names.

Our lawyers help prepare demand notices, petitions, responses, written statements, interlocutory applications and represent clients before the tribunal and other authorities. For insolvency-related disputes, we closely review the nature of the debt, documents proving default and payment, invoices, acknowledgements, correspondence and other documents pertaining to the transaction.

Insolvency and company law disputes can impact the management of a company, its assets and operations. Businesses and companies should understand all their options and we make sure clients are made aware of legal, financial and business implications of any decisions made during an NCLT proceeding.

Civil and Commercial Disputes

Legals365 represents clients in civil and commercial litigation matters involving contracts, recovery of money, business relationships and enforcement of rights under a contract or law. Civil and commercial litigation can relate to breach of contract, payment of invoices, disputes between business partners, disputes concerning real estate or commercial property, injunctions, declarations, specific performance and recovery claims.

If you have been wronged in a business deal or in a contractual relationship by someone else, our lawyers can review the terms of your contract and help you determine what legal remedies are available. In some cases, we may recommend sending a legal notice to the other party or initiating a negotiation process to prevent further disputes. We also assist in the drafting of agreements and contracts to avoid ambiguity in business transactions.

Criminal Law Practice

The lawyers at Legals365 offer legal advice and representation in criminal law matters. We assist clients in bail applications, anticipatory bail, regular bail matters, criminal complaints, trial hearings and offer legal representation in court.

Legals365 lawyers review the allegations made against you, the FIR, complaint file, affidavits by witnesses, other documents and the history of the case file. We then work with you to prepare your defence and represent you before police officers, courts and other agencies as required. We understand that being arrested, detained or charged with a criminal offence can be overwhelming. Please contact us immediately if you or someone you know has been accused of committing a crime.

Appeals for bail are decided on several factors. These factors include the seriousness of the offence, whether the accused is likely to assist the investigation, chances of fleeing from justice, influence over witnesses or any misuse of bail. Please contact us if you need assistance with a bail application/renewal.

We represent complainants and third parties during police investigations by ensuring that the interests of our clients are protected. If you are the accused, speak to us about your rights during investigation and thereafter.

Divorce, Matrimonial Law and Related Disputes

Our lawyers represent clients in matrimonial disputes including divorce cases, maintenance claims (both under Section 24 and 125 CPC), child custody, domestic disputes, restitution of conjugal rights and negotiating mutual consent divorce terms.

Matrimonial disputes require a high degree of sensitivity and compassion. We realise that disputes between spouses are difficult to deal with and while we protect your legal rights, we try to advise you on the best possible course of action for you and your family. Legals365 represents clients during contested divorce proceedings and mutual consent divorce cases. We help draft terms of settlement if parties are willing to negotiate and settle a marriage dispute out of court.

Environmental Law and NGT Matters

Legals365 lawyers have experience handling matters relating to pollution, compensation, industrial disputes, environmental clearances, construction disputes and alleged NGT violations.

Environmental law cases require very specific technical knowledge. We review government notices, site inspection reports, laboratory analysis, prior communications with government authorities and other evidence before advising our clients. Whether you are an individual resident, institution or business affected by an environmental violation, we can prepare a comprehensive set of documents for filing a complaint or supporting your claims.

Legals365 has handled disputes involving government bodies, municipal corporations and local authorities. Environmental cases can involve multiple departments, technical analysis and expert reports. We help you compile all necessary documents and information before drafting your complaint/reply to ensure that the information before the tribunal is accurate and complete.

CAT and Service Law

Advocate BK Singh represent employees, officers and other parties appearing before the Central Administrative Tribunal. Service matters include disputes regarding employment, promotions, disciplinary action, transfers, seniority lists, retirement benefits and claims by government servants.

If you have received a show cause notice, departmental notice or have been accused of misconduct at work, our lawyers can examine the details of your employment and verify if due process was followed. We prepare replies, rejoinders and send interim relief requests on behalf of our clients.

Drafting Legal Documents

Law firms exist to help clients solve legal problems. However, many legal issues can be avoided by simply having well-drafted contracts and agreements in place. Businesses and individuals consult Legals365 for legal document preparation such as legal notices, replies to legal notices, drafting of agreements (business agreements, loan agreements), affidavits, representation letters and drafting of settlement agreements to avoid disputes in future.

The language used in legal documents is very important. Ambiguity in the description of rights and obligations can cause misunderstandings at a later date. Lawyers at Legals365 take care to ensure the wording in agreements is clear and all the terms specific to the business transaction are mentioned in the agreement.

Responsive Client Support

The clients who choose Advocate BK Singh appreciate our straight forward case handling, timely responses and support during your legal matter. We take care to explain legal terms in simple language and keep our clients informed about the process, important documents and attend court hearings on your behalf.

Whether you need assistance with bank recovery laws, SARFAESI actions, Debt Recovery Tribunal cases, cheque bounce laws, consumer law disputes, criminal defence, divorce proceedings or drafting commercial agreements, we offer transparent legal advice based on the merits of your case, facts and evidence you provide us and the applicable law.

Consultations can be booked via our Vaishali office in Ghaziabad or Dwarka office in New Delhi. Please note that legal advice and results will depend on your specific case details, evidence available and decision made by the court, tribunal or authority.