§ · Corporate & commercial law
Corporate Lawyer in Delhi
Advisory and dispute work for companies, founders, and small businesses across Delhi NCR, covering contracts, commercial litigation, company law, and recovery.
Corporate and commercial work covers two broad areas: the documentation and counsel that keep a business running, and the disputes that arise when an arrangement breaks down. At Thakur & Associates, the chambers of Adv. Aman Thakur, this practice spans contract drafting and advisory, commercial litigation, company and insolvency matters, and the recovery of dues. The work is carried out across the relevant forums in Delhi NCR, including the High Court of Delhi, the District Courts at Saket, Patiala House, Tis Hazari, Rohini, and Dwarka, and the National Company Law Tribunal.
This page explains, in general terms, how each of these areas is approached and which forum ordinarily deals with which kind of matter. It is intended as information about the practice and the applicable law, not as advice on any particular situation. The right course of action depends on the facts, the documents, and the commercial relationship in question, which is why a matter-specific discussion with an advocate is sensible before any step is taken.
Contracts and commercial advisory
A large part of commercial practice is preventive: drafting and reviewing the documents that govern a business relationship so that the parties' rights and obligations are clear before any dispute can arise. Indian contracts are principally governed by the Indian Contract Act, 1872, with specific transactions falling under statutes such as the Sale of Goods Act, 1930 and the Specific Relief Act, 1963.
- Drafting and review of service agreements, supply and distribution contracts, and master agreements.
- Shareholders' agreements, founders' agreements, and partnership and LLP deeds.
- Non-disclosure, licensing, lease, and employment-related arrangements.
- Advisory on clauses that often decide later disputes, such as termination, indemnity, jurisdiction, and dispute-resolution provisions.
Clear drafting at the outset, including a well-considered arbitration or jurisdiction clause, frequently determines where and how a future dispute will be resolved.
Commercial disputes and recovery
When a commercial arrangement breaks down, the forum depends on the nature and value of the claim. Higher-value commercial suits in Delhi are governed by the Commercial Courts Act, 2015, which provides for dedicated commercial courts and a commercial division of the High Court of Delhi, along with prescribed timelines and pre-institution mediation in eligible matters.
- Suits for breach of contract, recovery of money, and damages, filed in the District Courts or the High Court of Delhi depending on pecuniary value.
- Recovery of outstanding dues, including action on dishonoured cheques under Section 138 of the Negotiable Instruments Act, 1881 before the Metropolitan Magistrates.
- Arbitration under the Arbitration and Conciliation Act, 1996, including drafting of notices, conduct of proceedings, and related court applications.
- Interim relief such as injunctions and attachment before judgment where the facts warrant it.
Company law and NCLT matters
Matters concerning companies are largely governed by the Companies Act, 2013 and, for insolvency, the Insolvency and Bankruptcy Code, 2016. Many of these are heard by the National Company Law Tribunal, with the Principal Bench and a New Delhi bench situated in Delhi, and appeals lying to the National Company Law Appellate Tribunal.
- Advisory on company incorporation, structuring, and ongoing compliance obligations.
- Disputes between shareholders and directors, including matters of oppression and mismanagement.
- Corporate insolvency resolution and related applications under the Insolvency and Bankruptcy Code, 2016.
- Representation before the NCLT and coordination with the relevant regulatory filings.
Counsel for founders and small businesses
Founders, sole proprietors, and small enterprises often need practical legal support without a full in-house function. The aim here is to address the common pressure points early, so that ordinary business decisions do not turn into avoidable disputes.
- Choice of entity, including proprietorship, partnership, LLP, or private limited company, and the legal consequences of each.
- Founder and co-founder arrangements covering roles, equity, vesting, and exit.
- Standard-form customer and vendor contracts suited to the size of the business.
- Guidance on responding to legal notices and on the practical steps for recovering dues.
Because every business stands on its own facts and documents, it is advisable to consult an advocate before signing or acting on any arrangement.
§ · Questions
Common questions
Which court hears commercial disputes in Delhi?
It depends on the value and nature of the claim. Higher-value commercial suits fall under the Commercial Courts Act, 2015 and are heard either by the designated commercial courts at the district level or by the commercial division of the High Court of Delhi. Ordinary civil suits are filed in the District Courts at Saket, Patiala House, Tis Hazari, Rohini, or Dwarka according to territorial jurisdiction. Eligible commercial matters may require pre-institution mediation before a suit is filed. An advocate can assess which forum applies to your specific facts.
What is the difference between civil court and the NCLT for company matters?
Broadly, disputes arising under the Companies Act, 2013, such as oppression and mismanagement, and insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, are heard by the National Company Law Tribunal, which has benches in Delhi. Contractual and recovery disputes are generally pursued in the civil or commercial courts. The correct forum turns on the precise nature of the claim, so it is sensible to discuss the facts with an advocate before filing.
How is a contract dispute usually resolved?
The route depends on the contract itself. If the agreement contains an arbitration clause, the dispute is ordinarily referred to arbitration under the Arbitration and Conciliation Act, 1996. If not, the matter is typically pursued by a civil suit in the court having jurisdiction. Many disputes also pass through a notice stage and, in eligible commercial matters, mandatory pre-institution mediation. This is general information; the appropriate path depends on the wording of your contract.
What can a business do to recover unpaid dues?
Options commonly include a formal demand or legal notice, a civil suit or summary suit for recovery of money, action under Section 138 of the Negotiable Instruments Act, 1881 where a cheque has been dishonoured, and, in qualifying cases involving companies, proceedings under the Insolvency and Bankruptcy Code, 2016. The suitable step depends on the amount, the documents available, and the debtor's status, which an advocate can review.
Do founders need legal documents in place from the start?
Putting key arrangements in writing early, such as a founders' agreement, a shareholders' agreement, and clear vendor and customer contracts, tends to reduce disputes later by recording roles, equity, and responsibilities. The right structure and documents depend on the chosen entity and the stage of the business, so a matter-specific discussion is advisable before you commit.
How does this chambers approach a corporate or commercial matter?
Work generally begins with a review of the relevant documents and the commercial background, followed by an assessment of the applicable law and the appropriate forum, whether that is advisory work, a court or tribunal in Delhi NCR, or arbitration. The aim is to set out the available options and their implications so a decision can be made on the facts. You can reach out through the /contact.html page to discuss a specific matter.
By appointment
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Initial consultations are by prior appointment at our chambers in Saket, or over a call.