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Corporate Laws

Operating in the sectors of insurance, FMCGs, eCommerce, Information Technology (IT), real estate and foods & beverages. Our highly-experienced attorneys with a high-sustained success rate frequently appear before National Companies Law Tribunals (NCLTs) & National Companies Law Appellate Tribunals (NCLATs), Debt Recovery Tribunals (DRTs), High Courts and Supreme Court on various commercial, regulatory and oppression & mismanagement cases. We have drafted 2,400+ airtight legal documents for our corporate clients spanning from commercial contracts to petition & applications. Here is a detailed description of our services:

  • Litigation & Litigation drafting: Petition for approval/ winding-up/ mismanagement & oppression/ conducting an investigation, etc; Appeals under S. 58 & 59, CA Act, 2013; Application for cancellation of rights/reduction of capital/initiate insolvency proceedings; Scheme of Arrangement clauses, Invitation for expression of interest (S. 29A) and other pertinent legal documents. 
  • Drafting & Negotiation: Assets Sale/Purchase Agreements; Franchising Agreements; Distribution and Licensing Agreements; Management and Consultancy Agreements; Joint Venture, Shareholders and Partnership Agreements; Outsourcing Agreements; Goods Purchase & Sale Agreements; Land and Property acquisition agreements; Engineering Procurement and Construction (EPC) contracts; Manufacturing or Service Rendering Agreements; Rent Agreements and Lease and other pertinent documents as per client demands/requirements. 
  • Consultancy to businesses on statutory compliances & regulations; setting up of business operations & processes and legal procedure for diversification, expansion & growth.

Domestic and International Commercial Arbitration & Mediation

 We advise our corporate litigation clients to first explore Alternate/Online Dispute Resolution (ADR/ODR) methods like mediation and arbitration before where the legal quarrel can be resolved objectively with mutual give and take instead of delving into litigation, which is comparatively cumbersome, perilous, less providential and expensive. Working in this niche for 6+ years with multiple MSMEs, startups and conglomerates, our attorneys are versed with the procedural as well as substantive aspects of the ADR and ODR proceedings. Here is a detailed description of our services:

  • Drafting tailored arbitration clause and multi-tiered arbitration clauses for all commercial contracts and med-arb clauses & arb-med-arb clauses (mediation and conciliation procedures);
  • Advisory on venue and seat of Arbitration as per the nature and specifics of cases for effective resolution;
  • Drafting & reviewing of pertinent documents like the statement of claim, statement of defence, applications for interim measures, etc;
  • Appearing before courts and arbitral tribunal;
  • Legal advisory for devising innovative business solutions to resolve disputes and re-negotiating the contract;
  • Enforcement of arbitral award;
  • Challenging arbitral award.
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Cross Border Processes and Extradition

Many a time we see economic offenders fleeing abroad after scamming financial institutions and stock markets for billions. The extradition of such fugitives is crucial not merely in the interest of justice but also for preserving the public’s faith in government institutions. 

Very few attorneys and even government officials for that matter in India are versed with the legal intricacies of Mutual Legal Assistance Treaty (MLAT) & Letters Rogatory (Letters of Request) to assist international clients. KMA Attorneys has 7+ years of practice in transnational criminal laws (including white-collar & cyber crimes.

Having extensive experience working with various international entities, we provide legal consultancy on Extradition Act, 1962; international treaties & conventions and other pertinent regulation on procedure & procedural requirements, rights, safeguards, etc Cetera. We also provide legal assistance on formalities for extradition/multiple extraditions between India and the United States/ Canada/ United Kingdoms/ United Arab Emirates and coordinating with government authorities.

Insolvency, Bankruptcy and Liquidation Laws

At KMA Attorneys, we have represented organisations as well as creditors in multiple insolvency, bankruptcy and liquidation proceedings. Having worked with multiple insolvency professionals on all kinds of cases, we have a holistic understanding of the Insolvency and Bankruptcy Code, 2016 and the nexus between the Code and other laws like Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), Real Estate (Regulation and Development) Act, 2016; tax statutes; merger and acquisition laws; arbitration laws; money laundering laws, etc. Here is a detailed description of our services:

  • Real estate insolvency cases;
  • Initiating corporate insolvency (by financial, operational creditors as well as by corporate debtors);
  • Business insolvency and bankruptcy cases;
  • Drafting: Demand Notice; Resolution Plans; Proof of Claims; Application under Section 9 & 10 and other pertinent documents;
  • Litigation: NCLT, NCLAT, High Court and Supreme Court litigation;
  • Chairing the Committee of Creditors and coordinating with the resolution professional(s).
  • Liquidation of the company;
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White-Collar Crime Litigation

< p style="text-align: justify;> Our extensive experience in this niche gives us a vast edge in dealing with concerned government authorities like the Enforcement Directorate, Income Tax Department, Securities Exchange Board of India (SEBI) and other pertinent government authorities.

Our highly-experienced, specialised attorneys in this niche appear before all the concerned judicial and quasi-judicial forums including Supreme Court, High Courts Special CBI Courts and PMLA Tribunal across India representing various companies and their top-management personnel, banks, NBFCs, hedge funds, Venture Capital (VC) investors, stockbrokers, etc. Here is a detailed description of our services:

  • Corruption cases
  • Money Laundering cases;
  • Corruption cases;
  • Forgery cases;
  • Creative Accounting cases;
  • Insider trading & securities fraud cases;
  • Consultancy on anti-corruption; money laundering and securities laws.

Real Estate and Construction Laws

We provide consultancy and litigation services to banks, NBFCs, insurance companies, business owners and professionals operating in real estate businesses on building bye-laws, master plans, Real Estate (Regulation and Development) Act, 2016, Insolvency and Bankruptcy Code, 2016, Transfer of Property Act, Land Revenue Code and FDI regulation. Here is a detailed description of our services:

  • Registrations: Registration of real estate businesses & co-operative housing societies and real estate projects;
  • Litigation: We have significant experience in appearing before Real Estate Regulatory Authority (RERA) & Real Estate Appellate Authority (REAA); National Companies Law Tribunal (NCLT) & National Companies Law Appellate Tribunal (NCLAT); consumer forums; High Courts and Supreme Court;
  • Drafting: Legal Notices; Sales Deed; Joint Development agreements; Agreement to sell; Leave and License agreement; Commercial lease agreements; Power of Attorney and all other required documents; 
  • Obtaining ground level and other clearances;
  • Title search and verification;
  • Stamp Duty and registration of agreements;
  • Delayed possession litigation cases;
  • Incomplete Construction litigation cases;
  • Property due diligence (compliances and permits),
  • Structuring deals and document reviews.
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Family Law

 Everything from submission & claims to testimony & evidence is not only governed by the laws but also by the opinion of the presiding judge and jury. Thus, in family law matters, along with legal competence, scenario and opinion building skills are imperative for lawyers. A single mistake by a lawyer can keep the case hanging in the courts for years.

style=”text-align: justify;”We have handled 187 family law matters of all kinds and have secured significant reliefs for our clients. In our 9+ years of experience in the niche of family law litigation our highly experienced lawyers who have represented many businessmen, industrialists and politicians understand the finest nuances of succession and inheritance cases and are well-aware of the tactics the opposite side might adopt. We provide umbrella legal services in such cases and stand strong with clients till the end. Here is a detailed description of our services:

  • Drafting: Legal Notice; Criminal Complaints; Memorandum of Understandings (MoUs) & agreements; Power of Attorney; Will; Living will; Petitions and other pertinent certificates;
  • Litigation: Family Courts; Sessions Courts; District Courts; High Courts and Supreme Court;
  • Legal consultancy on negotiation and litigation strategy in property and land succession/inheritance cases; bequeathing/selling the inherited properties; surrogacy and adoption cases; etc;
  • Marriage registration;
  • Restitution of conjugal rights;
  • Divorce and judicial separation cases;
  • Domestic violence and dowry cases;
  • Custody of children;
  • Maintenance;
  • Effectuating partition;
  • Intestate succession;
  • Execution of the Will;
  • Division of property;
  • Family disputes’ mediation.

Criminal Law

We understand the ignominy one goes through facing a criminal trial. Unlike civil litigation, where one can redeem himself by paying penalties and writing apologies, a criminal trial can hamper one’s life permanently in regards to career prospects, employment opportunities, public image, routine socio-economic dealings & credibility and even marriage prospects.

In KMA Attorneys 7+ years of criminal practise, we have maintained a high success rate in criminal trials. Our attorneys appear on the behalf of multiple corporates, politicians, businessmen and High Net Worth Individuals (HNWIs) across all the courts in India and are versed with the art of dealing with police, evidence collection, cross-examination, expert testimony and forensics. Here is a detailed description of our services:

  • Securing Bail and Illegal detention cases;
  • Fraud and Forgery cases;
  • Cheque bounce cases;
  • Sexual harassment cases: Rape and Gang rape and POSCO and POSH cases;
  • Homicide and murder and attempt to murder cases;
  • Extortion cases;
  • Kidnapping & abduction cases;
  • Theft; robbery and dacoity cases;
  • Illegal possession;
  • Threatening and grievous hurt cases;
  • Defamation (online and via the print) cases;
  • Nuisance & trespassing cases.