Corporate and Commercial Lawyers in Delhi
Most corporate legal spend that actually pays for itself happens before a dispute — in the contract, the shareholders agreement, and the compliance calendar. Where a dispute has already arisen, the forum is usually the NCLT, an arbitral tribunal or the commercial division of the court.
What we handle
- Commercial contracts, vendor and distribution agreements
- Shareholders agreements and founders agreements
- Company incorporation, LLP formation and ROC compliance
- Shareholder and director disputes before the NCLT
- Oppression and mismanagement petitions
- Insolvency proceedings under the IBC
- Startup documentation, term sheets and SAFE or CCPS rounds
- Import-export and cross-border commercial documentation
Key facts
- Governing law
- Companies Act, 2013; Insolvency and Bankruptcy Code, 2016; Indian Contract Act, 1872
- Where heard
- NCLT New Delhi for company and insolvency matters; commercial courts and the Delhi High Court commercial division for contract disputes
- Pre-institution mediation
- Ordinarily mandatory for commercial disputes above the specified value where no urgent interim relief is sought
- Corporate insolvency threshold
- Minimum default of Rs 1 crore for initiating corporate insolvency resolution
How it works
- Structure it correctly at the startJurisdiction, governing law, dispute resolution and termination clauses decide what happens when things go wrong. They cost nothing to get right on day one.
- DiligenceBefore investing, acquiring or contracting at scale, verify the counterparty's filings, charges and litigation history.
- Escalate deliberatelyNotice, then mediation or arbitration if the contract requires it, then the tribunal or court.
Common questions
What is the difference between the NCLT and a civil court for a company dispute?
The NCLT has exclusive jurisdiction over specified company law matters — oppression and mismanagement, mergers, insolvency, and certain shareholder rights. Ordinary contractual disputes involving a company still go to civil or commercial courts, or to arbitration if the contract so provides.
Do we need a shareholders agreement if we already have Articles?
Yes in practice. The Articles govern the company; the shareholders agreement governs the relationship between the shareholders — exit, drag and tag rights, reserved matters, deadlock. Provisions intended to bind the company should also be reflected in the Articles.
Can a small supplier use insolvency proceedings to recover dues?
Only where the default meets the statutory threshold and the debt is undisputed. The Code is not a recovery mechanism and tribunals dismiss petitions filed as pressure tactics where a genuine pre-existing dispute exists.
Speak to an advocate about this.
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