AREA OF PRACTICE
The Firm’s practices cover the following area of law:
Litigation Civil Matters
Corporate Crisis Advisory Mediation
Investment Arbitration Commercial Arbitration
Insolvency and Bankruptcy Constitutional Cases
Transfer Petitions, PILs
Income Tax SLP Consumer Appeals
Divorce case SLP’s Animal Rights PILs
Criminal SLP’s Writ Petitions
Dispute Resolution - Arbitration & Mediation Civil and Criminal litigation
Mergers and Amalgamation General Corporate & Commercial
Corporate Employment, Labour and Industrial Laws
Real Estate and Land Acquisition Banking, Finance and Insurance Laws Intellectual Property Media, Retail, Entertainment and Telecommunications All Tribunal Disputes
Dispute Resolution Arbitration
The lawyer(s) of the Firm represents clients in domestic and international arbitrations including the arbitration under the aegis of institutions of international repute like International Chamber of Commerce (ICC), International Court of Arbitration (ICA), London Court of International Arbitration (LCIA), American Arbitration Association (AAA), Singapore International Arbitration Centre (SIAC), Zurich Chamber of Commerce (ZCC) etc. The Lawyer(s) of the Firm have considerable experience in handling complex domestic and international arbitrations including drafting of the arbitration notices, statement of claims, counter claims, evidence expert and others as well as the enforcement of the Foreign Awards in India. The Firm supports and actively works towards expeditious settlement of disputes, which facilitates and promotes business development. The Firm supports resolution of commercial disputes through Alternative Dispute Resolution Mechanisms including Mediation and Conciliations.
The lawyer(s) of the Firm represent clients before various Courts, Tribunals and Commissions such as Supreme Court and other High Courts, District Courts, Consumer Courts, Company Law Board, the Competition Commission, Foreign Exchange Appellate Tribunal. The lawyer(s) in the Firm have vast experience in handling complex civil disputes arising out of contract, property or other arrangement/understanding including drafting and filing of civil suit, injunctions application, petition, affidavits, counter claims, undertaking trail and submitting oral and written arguments. The lawyer(s) also have major experience in drafting writ petitions against statutory authorities and other government bodies including prosecuting the same. The Firm’s lawyer(s) are specialized in drafting Special Leave Petitions and representing the Clients before the Supreme Court of India.
The lawyer(s) of the Firm also have sound experience in handling criminal matters. The Firm advises and represents its clients both Accused and Complainants before various courts including the Trial Courts, High Courts and the Supreme Court of India. The lawyer(s) of the Firm have wide experience in conducting trial of various offences under the Indian Penal Code and various other special statues providing for offences including the offences under the Negotiable Instruments Act, Companies Act, and Food Adulteration Act etc. The lawyer(s) of the Firm are experienced in conducting cases under the Prevention of Corruption Act. The lawyer(s) of the firm also have vast experience in drafting of complaints, criminal revision petitions and criminal writ petitions, criminal special leave petitions and various other petitions. The lawyer(s) of the Firm also have vast experience in dealing with the cases. Pertaining to complex corporate frauds including banking frauds. Besides above, the lawyer(s) of the Firm also advises Client in all types of Matrimonial Disputes including Divorce, Maintenance and Guardianship. The lawyer(s) of the Firm also have considerable experience in handling various types of Defamation cases.
Merger & Amalgamation
The lawyer(s) of the Firm have considerable experience and expertise in mergers and amalgamation including mergers and de-mergers through the Court/NCLT process. The Firm assists in formulating tax efficient structures, legal risk assessment, identifying practical time lines, due diligence reviews, implementation strategies, obtaining regulatory approvals and preparation, negotiation and finalization of relevant documentation including drafting of the Scheme of Arrangement including mergers and de-mergers followed by approval of the same through NCLT and/or other authorities including the Ministry of Corporate Affairs, Government of India.
General Corporate & Commercial Contracts
The lawyer(s) of the Firm provide advice on legal aspects of undertaking business activities in India covering corporate, commercial, regulatory, compliance and corporate governance aspects. The Firm provides assistance in evaluating business options, corporate restructuring, negotiating and establishing commercial arrangements. The Firm also provides day-to-day advice on commercial transactions, contractual matters, technology transfer, licensing and franchise arrangements, financial and corporate restructuring, regulatory and compliance matters, corporate governance, due diligence reviews, exchange control regulations, import and export regulations, intellectual property protection, competition laws, employee issues, real estate matters and consumer disputes.
The Firm assists foreign entities to establish an India presence through a liaison, branch or project office or through a subsidiary company or joint venture or an export oriented unit. Post establishment of an India presence, the Firm provides assistance on regulatory issues and filings, compliance reviews, maintenance of statutory records and commercial documentation, and establishing a framework for corporate governance and operations with requisite control mechanisms and exit options.
Corporate Employment, Labour and Industrial Laws
The Firm advises clients on the corporate and commercial aspects of employment laws in India, especially in relation to structuring of commercial transactions. It provides assistance in forming innovative schemes for employee retention, structuring employee compensation packages, employee benefits and incentives, drafting of employee stock option schemes, advising in dispute resolution mechanism and framing voluntary schemes and structuring various employment regulations and contracts, regulatory and compliance matters, disciplinary proceedings, trade union relations and management.
Real Estate and Land Acquisition
The Firm assists clients on all aspects of real estate transactions including securitization arrangements and land acquisition proceedings including title search, purchase, lease, sale and lease-back arrangements of commercial/industrial property including advice on applicable stamp duties and registration process, documentation relating to service apartments, buyer agreement, service maintenance agreement, Interiors and utility agreement. The Firm also advises all issues including complaints under the provisions of the RERA.
Banking, Finance and Insurance Laws
The Firm assists in all aspects of banking, finance and insurance laws. Lawyer(s)’ of the Firm have experience drafting and finalization of loan documentation, guarantees as well as advising clients on advice on Government policy, insurance claims and advice on insurance regulations.
The Firm renders assistance on the corporate and commercial aspects of intellectual property such as trade mark, patent and copyright. The Firm assists clients in protection of intellectual property rights involving registration of trademarks, copyrights and patents, and initiating infringement actions in case of breach. The Firm also assists clients in negotiating and finalizing agreements/ documents for trademarks licensing, copyright licensing, trademarks assignment, copyright assignment, software licensing, software development and also takes into consideration all aspects of intellectual property protection while finalizing joint venture and/or acquisition documentation or other contractual arrangements.
Media, Retail, Entertainment and Telecommunications
The Firm provides advice on all areas of media, retail entertainment, telecommunications and information technology. The lawyer(s)’ of the Firm have the experience of assisting clients’ in relation to agreements pertaining to the distribution of TV signals other Marketing and Service agreements relating to retail and media houses. The lawyer(s) of the Firm also have the experience of handling regulatory issues pertaining to Media and Telecommunications. The Lawyer(s) of the Firm also have wide experience in handling high profile defamation cases against and in favour of media companies.
Members of the Firm:-
O.P. Saxena (Advocate)
Ex-Standing Counsel Central Information Commission
Ex-Standing Counsel MCD & D.U.S.I.B
Ex-Public Prosecutor Delhi
President: All India Lawyer Forums for Civil Liberties
Ex-Faculty: Faculty of Law, Delhi University)
VISION, MISSION, VALUE
Book A Professional Bap India LLP, team puts meticulous efforts to meet the requirements of the clients. We have an excellent track record and are very passionate about our work. Regardless of the situation in which you find yourself in or how you arrived there, we believe you should benefit from the protection of the law and be treated with respect and dignity. We help our clients to achieve this. With a large number of satisfied clientele behind us, there is an urge to maintain continuity of positive results essentially to meet growing expectations and retaining the established reputation of the Firm. With such excellent attributions 'The Practice' is the paramount and should be the first choice to represent you in the Supreme Court of India and lead you towards justice.
O.P. SAXENA (ADVOCATE)
Ex-Standing Counsel Central Information Commission,
Ex-Additional Public Prosecutor Govt. of N.C.T of Delhi,
Ex-Standing Counsel, MCD & D.U.S.I.B,
President: All India Lawyer Forums for Civil Liberties.
Mandeep Singh (Advocate)
Firm's Constitutional Law practice is headed by Adv. O.P. Saxena, who has had considerable amount of success in Supreme Court cases and Delhi High Court. He has close associations with Lawyers and Senior Advocates, in and outside Delhi on the litigation/ trial side as well as consulting side, besides having a strong network and business associations with Senior Lawyers and other Law offices across the length and breadth of the Country. A number of Advocates on Record are also a part of this prestigious law firm thus it enables us to assist you from the start i.e. filing of the case till you get justice.
Law Firm has a versatile and efficient team of advocates/lawyers who are specially trained and have distinguished experience. We specialize in Appellate and Supreme Court practice and provide the best of representation before Supreme Court. We provide representation in Special Leave Petitions, Transfer Petitions Writ Petitions and Public Interest Litigation. Attention to detail, confidentiality, correct application of law and total indulgence with focus on efficiency in performance are the keys to our functioning in the field of law.
What we do
Principally, our core area of practice are:
1. Litigation (at every level)
2. Corporate Consultancy
3. Alternate Dispute Resolution (ADR)
1. LITIGATION (AT EVERY LEVEL)
Under this chapter, we practice
law at every forum/court of law including Trial Court, Revisional and Appellate
Court, NCLT & NCLAT, DRT & DRAT, SCDRC & NCDRC, High Courts and
Supreme Court under any area of law including civil, criminal, corporate,
consumer & competition law, IBC, company law etc which suits the need and
requirements of our clients. We practice law from the court of Metropolitan
Magistrate or Munsif/Civil Judge to the Supreme Court of India. Defending our
client and securing relief for them is our core objective. We do not hesitate
to appear before any forum, commission, Tribunal or any Court of law.
Our aim is to deliver comprehensive legal solutions to all legal requirements of our clients. We have a highly qualified and responsive team of lawyers comprising of young as well as experienced legal professionals who have attained specific expertise in their specific area of laws. Our emphasis is on identifying the client’s needs down to the last detail, ensuring that our work is technically faultless and ultimately managing our cases to surpass our client’s expectations.
What We Practice:
Insolvency & Bankruptcy NCLT Practice
Offence under Companies Act Cheque Bouncing Cases (Us 138)
Debt Recovery Cases Arbitration & Conciliation Laws
Consumer & Competition Law Real Estate (RERA) Law
Intellectual Property Rights Banking & Finance Law
Offence under SEBI/FEMA Supreme Court Cases
Civil Law Criminal Law
Family & Divorce Law Cyber & IT Laws
Anti-Corruption Money Laundering/ED Cases
NDPS Cases Sexual Offences/POCSO
Offence under Passport Act Constitutional Law Practice
Where We practice:
1. Supreme court of India, New Delhi
2. High Courts across the country specially Delhi, Mumbai, Bangalore, Hyderabad, Ahmadabad, Chandigarh, Allahabad etc.,
3. District & Session Courts, at Delhi, Gurgaon, Faridabad, Noida, Ghaziabad, Mumbai, Ahmadabad & Bangalore.
4. National Company Law Tribunal (NCLT)- New Delhi & all other benches of NCLT across the country.
5. National Consumer Dispute Redressal Commission (NCDRC), New Delhi
6. State Consumer Dispute Redressal Commission (SCDRC), New Delhi and all other SCDRCs across the country.
7. Debt recovery Tribunals (DRT) in Delhi, Jaipur, Chandigarh, Lucknow & DRAT
8. Special CBI Courts under Prevention of Corruption Act & PMLA
9. National Green Tribunal, New Delhi
10. Central Administrative Tribunal, Delhi & other benches across the country.
11. Central Information Commission (CIC), New Delhi.
12. Competition Commission of India, New Delhi.
13. Arbitrators across the Country
14. Telecom dispute settlement & Appellate Tribunal (TDSAT)- New Delhi
15. Intellectual Property Appellate Tribunal, New Delhi.
16. Income Tax Appellate Tribunal, New Delhi.
17. GST Tribunals and all cases of Evasion, Refund.
18. Cyber Appellate Tribunal, New Delhi.
19. Armed Forces Tribunal, New Delhi.
20. Labour Courts & Industrial Tribunals, New Delhi.
21. Fast track Special-CBI Court trial; under Prevention of Corruption Act (Disproportionate of assets & Corruption charges).
22. NDPS (Special Court), New Delhi & Mumbai
23. POCSO (Special Court), New Delhi & Mumbai
Besides Litigation, Corporate Consultancy is also our other core area of practice of law, wherein we serve or have served our numerous clients on their multifarious projects/disputes in various manner/ways under various laws including Company Law, Contract Law, SEBI, FEMA, RERA, Consumer & Competition Law tec. Our Corporate team we are well equipped with Corporate Lawyers, Trade Mark Attorneys, Charted Accountants and Company Secretaries. Our practice includes the following:
i. Practice before NCLT at New Delhi and other benches across the country & NCLAT
ii. Insolvency and Bankruptcy law (IBC) practice before NCLT
iii. Incorporation of Companies/LLP in India and abroad
iv. Foreign Direct Investment & its approval from Ministry of Finance & RBI
v. Taxation & Practice before Tax Tribunals
vi. Regulatory compliances of ROC/MCA/RBI
vii. Corporate Approvals & Project financing
viii. Secretarial Compliances
ix. Joint Venture
x. Wholly Owned Subsidiaries and holding companies
xi. Mergers and Acquisitions
xii. Security Documentation
xiii. Project Finance Documentation
xiv. Establishment of Branch, Liaison & Representative Offices
xv. FEMA Exchange Control & Regulatory Matters
xvi. Arbitration & Conciliation proceedings
xvii. Distribution, Agency & Franchise Agreements
xviii. Foreign Collaborations & Joint Ventures
xix. Schemes of Arrangements
xx. Debt Restructuring
xxiii. Securities Law & Regulations
xxiv. Corporate & Shareholders’ Disputes
xxv. Corporate Restructuring & Reconstruction
xxvi. Action against Oppression & Mismanagement
xxvii. Winding-up & Bankruptcy Proceedings
xxviii. Negotiations and documentation
xxix. Securitization and Hypothecation
xxx. Proceeding before Corporate
xxxi. Insolvency Resolution Professional (IRP)
xxxii. Practice under SARFAESI & RDDBFI laws
xxxiii. Proceedings before Recovery Officers appointed by DRT
xxxiv. Redressal of Consumer Grievance
xxxv. Advisory on compliance related to RERA & other laws related to building and infrastructure, societies and colonies
ALTERNATE DISPUTE RESOLUTION (ADR)
We always encourage our client to settle their disputes through mediation or conciliation. “Mediate, don’t litigate” is our motto and we have always shown the paths to our clients to avoid multiplicity of litigations and encourage to explore possibility to settle disputes by way of mediation and conciliation. Many a times, we have filed pre-litigation mediation application before the Delhi High Court Mediation Center and got the disputes resolved at the pre-litigation stage. This kind of situation gives more satisfaction than winning a case to us. Basically, ADR includes following process of laws:
Conciliation Lok Adalat
Under this chapter, our approaches include the following:
a. Encouraging clients to file Pre-Litigation Mediation or Conciliation Application before Mediation Centers
b. Promoting Mediation/Conciliation to resolve the disputes at nascent stage
c. Actively participation in Lok Adakats & other dispute resolution mechanism, workshops etc.
d. Filing application before the High Court for appointment of arbitrator, if any
e. Petition before the court seeking “Interim relief” before or during the pendency of arbitration proceedings u/s 9 of Arbitration Act
f. Petition under section 34 of Arbitration Act, 1999 seeking setting aside of Arbitration award
g. Execution petition seeking realization of the arbitration award before civil court or any other court having jurisdiction
h. Appear before Arbitrators across the country
i. Arbitration in Commercial Disputes
j. Domestic and International Arbitration
k. Enforcement of Awards in India and outside India
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