Business Legal Updates
Business legal updates from Delhi's courts
When the Supreme Court, the Delhi High Court, the NCLT or a regulator changes what a business should do, we explain what was decided, what it changes and what to do now — for owners, finance teams and in-house counsel.
Latest updates
The first updates are on their way. Until then, our business guides below cover the questions we are asked most.
Guides for businesses
- Insolvency
IBC Section 9: The Demand Notice for Operational Creditors
A supplier, contractor or employee owed at least one crore rupees by a company can serve a demand notice under Section 8 of the Insolvency and Bankruptcy Code and, if the company neither pays nor raises a genuine dispute within ten days, apply to the NCLT under Section 9.
Read - Business disputes
Oppression and Mismanagement Under the Companies Act: A Shareholder's Guide
A shareholder who is being squeezed out or sees a company run against its interest can petition the NCLT under Sections 241 and 242 of the Companies Act, 2013, if the member threshold in Section 244 is met or waived.
Read - Business disputes
Recovering Unpaid Invoices from an Indian Company
An unpaid invoice is recovered by a legal notice first, then by the route the facts allow: an MSME Facilitation Council reference for registered small suppliers, a summary suit under Order XXXVII, a cheque bounce complaint if a cheque was given, or insolvency for large undisputed debts.
Read - Cross-border disputes
Enforcing a Foreign Judgment or Arbitral Award in India
A decree from a reciprocating territory can be executed in India directly under Section 44A of the Code of Civil Procedure, a decree from any other country needs a fresh suit, and a foreign arbitral award is enforced under Part II of the Arbitration and Conciliation Act, 1996 as a decree of the court.
Read - Commercial disputes
Commercial Courts Act: Pre-Institution Mediation and Summary Judgment for Business Disputes
A commercial dispute of specified value must usually go through pre-institution mediation before a suit is filed, and a party with a claim or defence that has no real prospect of success can be met with an early summary judgment under Order XIII-A of the Code of Civil Procedure as applied to commercial suits.
Read - Foreign business
Setting Up in India as a Foreign Business: Subsidiary, LLP, Branch or Liaison Office
A foreign business that wants to trade or invest in India usually chooses between a wholly owned subsidiary company, a limited liability partnership, a branch office or a liaison office, and the choice turns on whether it will earn income in India, which sector it is in and how much control it wants over liability.
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All articles, including guides on other topics, are on the blog.
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