Dispute Resolution
“Our law firm is founded on the philosophy of ‘WIN-WIN’ where our lawyers act as peace-makers to help our clients transform their conflicts into meaningful business relationships through an effective dispute resolution strategy.”
As dispute resolution lawyers, we firmly believe in helping our client reach a ‘win-win’ situation where commercial interests of both conflicting parties are protected. Thus, our first step is to formulate an effective litigation strategy. We understand that every dispute needs to be treated differently and many disputes can be resolved through pre-litigation mediation. We help our clients in formulating the best litigation strategy with out robust team with experts in Commercial Mediation, Arbitration, Commercial and Corporate Disputes, Labour Disputes and Intellectual Property.
Our dispute resolution practice involves representing our clients in Litigation, Domestic and International Commercial Arbitration and Commercial Mediation across a variety of complex cases. We have represented our clients in disputes of the following kind:
- Commercial and contract disputes;
- Corporate litigation;
- Winding-up matters;
- Insolvency and bankruptcy matters;
- Property disputes;
- Banking and insurance disputes;
- Cheque bounce cases under Section 138 of Negotiable Instrument Act, 1881;
- Employment and service matters;
- Recovery of monetary claims;
- Consumer disputes;
- Writ petitions;
- Direct tax appeals;
- Intellectual property disputes; and
- Sucession disputes, probate etc.
We have represented our clients before various courts, quasi-judicial authorities, and tribunals, including the Supreme Court of India, Bombay High Court, Bombay City Civil Court, National Company Law Tribunal, Consumer forums etc. The law firm has assisted clients in enforcement of judgments of foreign courts in India. We also advise international and domestic creditors on initiating insolvency and bankruptcy proceedings; and assist insolvency professionals in proceedings against distressed companies.
International and Domestic Arbitration is one of K Singhania & Co.’s major areas of expertise. We represent clients at all stages of Domestic and International Arbitration. We have also assisted clients in enforcement of foreign awards and in defending and challenging arbitral awards, both before the Bombay High Court and the Supreme Court of India. We have also represented foreign clients in arbitration proceedings abroad. Our founder, Mr. Krrishan Singhania, has also been instrumental in shaping the arbitration laws in India. He assisted his father, Mr. D. C. Singhania, in drafting the Arbitration and Conciliation Act 1996, who was one of the core members of the drafting committee. He was also involved in the landmark case of NTPC v. Singer, AIR 1993 SC 998, where the Supreme Court of India for the first time opined on the governing law of the arbitration agreement, when the arbitration agreement was silent.
The law firm has received multiple accolades for its Dispute Resolution Practice. Benchmark Litigation, the definitive guide to the world’s leading litigation firms and lawyers, has ranked the Firm as Tier 4 in Commercial and Transactions disputes, Tier 5 in Construction disputes, and ‘Notable Firm’ in International Arbitration in the year 2020. The Firm has also been awarded ‘Litigation Dispute Resolution Team of the Year in small and medium category’ by India Legal Awards 2019 in the year 2019.
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How to resolve disputes through Arbitration in India?
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Key Deals
Smita Conductors Ltd. v. Euro Alloys Ltd., Supreme Court of India, Appeal (Civil) 12930 of 1996
Successful in enforcement of UK London Metal Exchange foreign arbitral award against an Indian Company for damages caused due to failure to honor its contract with the foreign supplier. The Apex Court upheld the existence of an arbitration agreement through the correspondence and conducts of the parties, and held that the award was not contrary to the Indian legal policy.
M/s Mytimasters Engineering Pvt. Ltd. vs. Hexagon Metrology S.P.A. & Anr., Bombay High Court, Suit No. 1337 of 1993
The Firm was successful in establishing that the Indian Court does not have jurisdiction to entertain the dispute as the parties had agreed to the jurisdiction of foreign courts under the agreement. The matter was referred to the Italian Court as the parties had conferred exclusive jurisdiction to the Courts of Italy under their agreement.
Software Art Corporation vs. Satyajit Gopalkrishanan & Ors., Bombay High Court, Misc. Petition No. 8 of 2008
Successful in enforcing the Letters of Request issued by the United States District Courts for the District of New Jersey, U.S.A. in the Civil Proceedings between the Petitioner and Respondents for examining an officer of bank, as a witness in the civil action between the parties as well as production of documents of the bank. It was held that the Indian Courts had power to issue commission to examine a witness once the conditions mentioned in Order 26 Rule 19, Civil Procedure Code 1908, were satisfied.
National Thermal Power Corporation (NTPC) v. Singer, AIR 1993 SC 998
This was a landmark case relating to challenge of interim award by NTPC for ICC Arbitration which resulted in incorporation of new Arbitration & Conciliation Act 1996. This was the case where the Supreme Court of India for the first time opined on the governing law of the arbitration agreement, when the arbitration agreement was silent
Man Producten, UK
Our Client a UK based company dealing in commodity trading. We were successful in enforcing their foreign arbitral award against the Indian party.
Saipem, Italy
Acted as attorneys in their arbitration proceedings against Oil and Natural Gas Corporation Limited for recovery of their dues for services rendered for the Bombay High Project.
Land & Marine, UK
Acted as attorneys in their arbitration proceedings against Oil and Natural Gas Corporation Limited for the project for laying down pipes in Tapi river in Hazira, Gujarat.
J.C. Penney Corporation, USA
We were successful in getting our cleint’s name removed as a party from the suit filed before the Bombay High Court as our client did not have jurisdictional presence in India.
Protech Engineering
Acted as attorneys on advising on various legal matters including cheque bouncing matters under Section 138 of Negotiable Instruments Act, 1881.
Schenker, Germany
Acted as attorneys in their arbitration proceedings for recovery of their dues for providing management and storage services to their customers. The matter finally got settled by way of a consent award.
DIESL India
Acted as attorneys for recovery of money for their services against their clients before the Bombay High Court and City Civil Court.
Regency Ispat
Acted as attorneys in recovery proceedings under Section 138 of Negotiable Instruments Act, 1881 and for winding-up proceedings before the Bombay High Court for recovery of dues from their customers.
Doka India Private Limited
We represented the Client in a summary commercial suit filed based on Cheque Bounce before the Bombay High Court. We were successful in obtaining a decree in favour of our client within 12 months period.
IMS Ship Management Pvt. Ltd.
The Firm successfully represented the Client, who was a corporate debtor, in Company Petition No. 2693 of 2019 before the National Company Law Tribunal Mumbai Bench. The Corporate Debtor had to de-hire the services of the Operational Creditor due to change of scope of the work and the same was communicated to the Operational Creditor. Despite being informed the Operational Creditor was claiming an amount for the entire period of the contract and accordingly bills were also raised by the Operational Creditor for the services, which were not provided. We were able successfully defend the Client and assisted in reaching an amicable settlement with the Operational Creditor for making payments only for the period for which the services were provided. We were able to get the case disposed off in a short time period of 2-3 months ,which was a big relief for our client and they applauded us for our efficiency.
Sudhir Cranes Private Limited
The Firm is representing the Client in two arbitration petitions before the Vellore District Court, Tamil Nadu, where the arbitration award passed by the arbitrator in domestic construction arbitration is being challenged. The significance of this matter is that we were able to amend the pleadings at the stage of challenging the arbitral award. The District Court permitted this amendment to the pleadings as the arbitrator was an ex-employee of the opposite party and thus disqualified under the Arbitration & Conciliation Act, 1996.
The Client is in a global provider of power managament and IT solutions, and are in the business of high-storage batteries. The Firm has successfully represented the Client in domestic construction arbitration and received an award favourable to the Client. The Client (Respondent) had floated a tender for construction of their factory premises. The Claimant was selected as successful bidder and the parties entered into a contract.
The Claimant was required to achieve substantial completion of the project within 13 months from the date of execution of the contract. The Claimant failed to achieve the same and there were various issues/concerns raised by the Respondent, which were never addressed by the Claimant. One of the major concerns of the Respondent was on the poor quality of work done by the Claimant.
The Respondents claimed Liquidated Damages from the Claimant as they have failed to complete the work on time and also damages for poor quality of work done by the Claimant. This had caused the Respondent to incur expenses on getting repair work done through third party vendors. The Arbitrator awarded our Client the counter-claim and set it off against the claim of the opposite party.
Daewoo Anchor
Advised and assisted in recovery of commercial dues from the dealers based at different cities in India, appeared before various judicial forums including the Bombay High Court.
Bank of India
Acted as Counsel in various litigations before the Presiding Officer of Debt Recovery Tribunal, Mumbai for recovery of various loan amount from the borrowers of the Bank. Successfully obtained Recovery Certificates in favour of the Bank from the Hon’ble Tribunal.
Central Bank of India
Acted as Counsel before the Bombay High Court for recovery of money from the defaulting borrowers. Also acting as Counsel in various litigations before the Presiding Officer of Debt Recovery Tribunal, Mumbai, Debt Recovery Appellate Tribunal and Recovery Officers for recovery of various loan amount from the borrowers of the Bank.
Union Bank of India
Acted as Counsel before the Presiding Officer, Debt Recovery Tribunal, Mumbai in one of the most complicated litigation relating to recovery of Housing Loan dues. Handled landmark case where the loan defaulter took loans from multiple banks on the basis of coloured xerox of title documents of the property, when the coloured xerox machine was newly invented. Successfully obtained a judgment in favour of the client.
IDBI Bank Ltd.
Acted as Counsel in a high-value litigation before the Presiding Officer of Debt Recovery Tribunal, Mumbai arising out of a consortium loan facility where several leading banks and financial institutions were involved.
Eurovo, Italy
Advised and assisted in recovery of a commercial debt relating to supply of a high value goods when the Indian Company went into liquidation and the matter before the Board of Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act, 1985.
General Motor Co. Ltd. USA
Acted as a Counsel and represented them in multiple consumer disputes before various consumer forums at Mumbai.
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What Our Clients Say
Mr. Allan Aranjo, Vice President, Hindustan Logistics Pvt. Ltd.
“The lawyers at K Singhania & Co. have regularly advised and represented our Company in various legal disputes, relating to recovery of dues from our customers for freight. In most of our cases, they have been successful in helping us recover our dues even before initiating litigation. We appreciate their efficient and effective dispute resolution strategies.We have been given sound legal advice with patience, care and due diligence”
Mr. Nandagiri Raghavendra Rao, Head of Finance & Controlling, Doka India Private Limited
“Our Company has been seeking legal advice from the law firm for about 8 years now. They have been regularly advising us from drafting and reviewing our commercial contracts to representing us in various commercial disputes before the Bombay High Court and National Company Law Tribunals across the country. They have been successful in getting favourable orders for us in our commercial suits and have ensured that our matters are disposed in a timely manner. They have also regularly advised us on our commercial and property matters. ”
Benchmark Litigation Reviews
“Best known for its commercial disputes, shipping and construction practices…The firm’s disputes group has specialisations in international commercial arbitration, domestic arbitration, insolvency and bankruptcy, and civil and commercial litigation. Industry sector strengths include shipping, oil and gas, construction and aviation. Offshore, the firm has an alliance with the Dubai office of Goodwins and Russian law firm, Maxima Legal.
Firm founder and managing partner Krrishan Singhania serves as the key contact for all dispute resolution work.
Mr. Krrishan Singhania provides all-in-one solutions and good communication skills.”
Mr. Pradeep Gupta, Director, Narsingh Dass & Company Pvt. Ltd.
“We had initiated criminal proceedings against the opposite party. The opposite party initiated proceedings under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court to quash our criminal proceedings. The Firm has been successful in defending us in the quashing proceedings and arguing that the contractual default was in fact criminal in nature and was a case of cheating. The Bombay High Court gave us an order in our favour and held that the criminal proceedings have to continue in the lower court in Daman. We appreciate the Firm’s support and expertise in helping us win this case.”
German Garnacho, Country Head India, Alsina Formwork (India) Private Limited
“The Firm has been our legal counsels from 2014 and have assisted us in incorporating our company in India under the Companies Act, 2013. They support us constantly with company secretariat services and by advising us on our legal queries arising out of our day-to-day operations. They also assist us in company law compliances and Reserve Bank of India (RBI) compliances arising out of Foreign Direct Investment (FDI), and in negotiating, drafting and executing various business agreements. The Firm’s legal support is invaluable and it is as if they are working as a part of our organisation. We highly appreciate their accessibility, prompt delivery and practical legal solutions.”
Deepak Shewani, Director Business Development Middle East & India Rematec AG/SA (IWK Group Company)
“We would like to extend our thanks to the law firm for their exceptional service when it came to protecting our intellectual property. They have assisted us in getting our trademarks registered across six different classes and did so in an efficient manner. They constantly intimate us about any conflicting trademarks and have assisted us in filing and defending oppositions. They have acted not only as our lawyers but as our business advisers. It is a pleasure working with them”.