Civil & Criminal Litigation Practice — Mumbai & Pan-India | Softwarees
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Civil & Criminal Litigation Practice — Mumbai & Pan-India
We represent individuals, businesses, banks and institutions in civil and criminal litigation before the
Supreme Court, High Courts, NCLT/NCLAT, Commercial Courts, Arbitral Tribunals, Consumer Commissions,
RERA, and other forums. Our approach blends case-winning strategy with procedural rigour
under India’s updated legal framework — BNS (substantive offences), BNSS (procedure), and
BSA (evidence) (effective 1 July 2024).
Note on new criminal laws: The Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) now replace the IPC, CrPC and Indian Evidence Act, respectively. Our pleadings, bail strategy and evidence plans reflect these changes.
What We Do
Civil Litigation
- Injunctions & urgent relief under Order 39 CPC (status quo, asset protection, anti-alienation).
- Commercial Suits under the Commercial Courts Act (pecuniary threshold ₹3 lakh) including Order XIII-A summary judgment.
- Specific Relief — specific performance, injunctions, declaratory reliefs.
- Contract, property & tenancy disputes; summary suits (Order 37 CPC).
- Arbitration — Section 9/17 interim measures, Section 34 challenges, Section 36 enforcement; adherence to Section 29A timelines.
- IBC/NCLT — insolvency, debt recovery, shareholder oppression/mismanagement (ss. 241–242 Companies Act).
- Consumer & RERA matters (homebuyer remedies, builder compliance).
- Bank enforcement under SARFAESI; DRT/DRAT proceedings.
Criminal Litigation & White-Collar Defence
- Anticipatory bail & regular bail under BNSS; quashing before High Courts (inherent powers).
- Economic offences, fraud, cheating, breach of trust, cybercrime (IT Act), corporate offences.
- PMLA — ED investigations, attachment, Adjudicating Authority & Appellate Tribunal strategy.
- Trials & appeals before Magistrate/Sessions Courts & High Courts; BSA-compliant e-evidence plans.
- Cheque dishonour (S.138 NI Act) — notice, prosecution, compounding/settlement.
Forums We Appear In
- Supreme Court & Bombay High Court
- NCLT/NCLAT · Commercial Courts · Consumer Commissions (District/State/National)
- Arbitration (ad hoc & institutional) · MSME Facilitation Council
- RERA (MahaRERA) · DRT/DRAT · Labour & Industrial Courts
Civil Litigation — Tools & Procedures
1) Injunctions & Interim Measures (CPC)
We secure urgent protection via Order 39 CPC (temporary injunctions) by demonstrating a prima facie case, balance of convenience and irreparable harm. We also deploy Order 38 attachments, Order 40 receivers, and Order 37 summary suits for liquidated claims.
2) Commercial Courts & Pre-Institution Mediation
Commercial suits of ₹3 lakh+ lie before Commercial Courts, enabling faster timelines and case management. Section 12A mandates pre-institution mediation (unless urgent interim relief is sought); non-compliance can lead to rejection of the plaint. We draft mediation-ready positions to improve settlement leverage.
3) Arbitration
- Section 9 (Court) / Section 17 (Tribunal) — interim measures to preserve assets, restrain dissipation, or secure claims.
- Section 29A — award timelines (12 months, extendable) to keep matters on track.
- Section 34 — set-aside challenges on limited grounds; Section 36 — enforcement as a decree.
4) IBC & Shareholder Disputes (NCLT)
For insolvency, defaults must typically meet the ₹1 crore threshold for creditor-initiated CIRP. Minority remedies lie under Sections 241–242 (oppression/mismanagement), including regulation of affairs, removal of directors, and protective interim orders.
5) Consumer & RERA
We prosecute and defend consumer complaints under the Consumer Protection Act, 2019 (pecuniary limits revised by 2021 Rules) and handle homebuyer disputes before RERA (possession, interest, compensation, enforcement).
Cheque Dishonour (Section 138 NI Act) — Timelines We Track
- Presentment & return memo → Notice within 30 days of dishonour.
- 15-day cure from receipt of notice — payment within this window ends prosecution.
- If unpaid, complaint within 1 month from expiry of the 15 days (court may condone delay).
Criminal Litigation — Strategy Under BNSS/BNS/BSA
Bail & Quashing
- Anticipatory bail (BNSS) for non-bailable offences; conditions tailored to case risk.
- Regular bail and modification/cancellation strategies as circumstances evolve.
- Inherent powers of High Courts (BNSS) — petitions to quash FIR/complaints where appropriate.
White-Collar & Special Statutes
- PMLA — attachment challenges, bail, trial strategy.
- IT Act (Sections 66C/66D etc.) — identity theft, cheating by personation, cyber evidence.
- Company law offences, bank fraud, public corruption, and allied economic offences.
Evidence & Technology
- BSA — admissibility of electronic records, chain-of-custody, device forensics.
- Forensics & e-discovery plans that align with latest procedural expectations.
How We Run Your Case
- Early case audit — facts, documents, limitation, jurisdiction, urgency.
- Procedural roadmap — forum selection, interim relief strategy, mediation/arbitration viability.
- Evidence build — affidavits, discovery, electronic evidence protocols (BSA-compliant).
- Hearing readiness — written submissions, compendiums, briefings for counsel.
- Enforcement — execution, contempt, decree/award recovery, regulatory follow-through.
FAQs
Is pre-institution mediation compulsory before commercial suits?
Yes, Section 12A makes mediation mandatory unless you need urgent interim relief. Courts have reiterated this requirement in recent rulings.
What’s the current IBC threshold for creditor filings?
₹1 crore default is the general threshold for initiating corporate insolvency (creditor petitions).
How fast can I secure an injunction?
For urgent matters, courts can hear Order 39 CPC applications on short notice or even ex parte, provided the affidavit and evidence show immediate risk.
What changed with BNSS/BNS/BSA?
The new codes overhaul offences (BNS), procedure including bail and timelines (BNSS), and evidence (BSA). We tailor bail/quashing and trial strategies accordingly.
How do cheque-bounce cases move?
Statutory notice within 30 days of dishonour; 15 days to pay; then complaint within 1 month of that lapse (courts can condone delay).
2010
Litigations
25+
Business Partners
130
Arbitration
1305
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