Answers for businesses facing disputes, defaults and unpaid dues.

Start with a properly drafted legal notice setting out the computation, the due date and the consequence of non-payment. A large share of commercial dues settle at this stage. Where the debtor stays silent, we escalate to a summary suit, a Section 138 complaint, arbitration or an NCLT petition depending on the paperwork and the amount involved.

Very often, yes. A properly drafted and served legal notice resolves a large share of commercial dues. We attempt amicable settlement first and litigate only when the other side does not respond.

Invoices, purchase orders or the contract, the ledger or account statement, delivery proof, and any email or WhatsApp correspondence confirming the dues. Dishonoured cheques and the bank return memo help considerably.

Send a formal demand for refund or performance within a fixed timeline, and preserve the purchase order, payment proof and all correspondence. If the vendor stays unresponsive, a summary suit under Order XXXVII CPC or a criminal complaint for breach of trust is usually the fastest route, depending on the facts.

Yes, provided you inspect and reject within a reasonable time and document the defect — photographs, an independent lab report or a formal rejection letter all help. Delaying the rejection, or using the goods, can weaken the claim later.

Under the MSMED Act, a buyer must pay a registered micro or small enterprise within 45 days of acceptance of goods or services. Delay attracts compound interest at three times the RBI-notified rate, and the claim can be enforced through the MSME Samadhaan portal and the Micro and Small Enterprises Facilitation Council (MSEFC), without needing a full civil suit.

It can be. Indian contract law does not require a signed paper document — a clear offer, acceptance and consideration recorded over email or WhatsApp can constitute a binding agreement. The practical difficulty is usually proving the terms, which is why we recommend confirming key commercial terms in writing wherever possible.

The remedy depends on the paperwork. A written contract or purchase order supports a summary suit for quick recovery; even without one, invoices, delivery records and correspondence can establish the debt. A legal notice is usually the first and often sufficient step.

Courts can award reasonable interest even where the contract is silent, though a specified rate in the agreement makes the claim far easier to enforce. Registered MSME suppliers have a separate statutory right to compound interest at three times the RBI rate regardless of what the contract says.

The statutory notice must be issued within 30 days of the return memo, and the complaint within the following limitation window. Many matters compound within a few months; contested trials take longer but follow a predictable timeline.

Arbitration is a private, usually faster process before an arbitrator you and the other party agree on, with limited grounds to appeal the award. Court litigation is public, follows the Code of Civil Procedure, and generally takes longer but allows a fuller right of appeal. Which is better depends on your contract and the nature of the dispute.

Yes. Once a valid arbitration clause exists, either party can invoke it, and courts will generally refer the dispute to arbitration rather than entertain a fresh suit. We also seek interim relief under Section 9 of the Arbitration and Conciliation Act to freeze assets before they move, while the arbitration is set up.

An operational creditor petition under Section 9 of the IBC is available for undisputed debts above the statutory threshold. For smaller or disputed amounts, a summary suit or Section 138 complaint is usually faster and cheaper.

Check the company's CIN, registered office and director details on the MCA portal, review its filing history for red flags like chronic non-filing, and run a basic litigation and charge search. For larger commitments, we carry out a fuller legal due diligence before you sign or pay.

Generally three years from the date the debt fell due, under the Limitation Act. Acknowledgements and part payments reset the clock, so it is worth having your ledger reviewed before assuming a claim is time-barred.

A retainer is an ongoing arrangement — a fixed periodic fee for continuing advisory support — as against a one-time fee for a single matter such as a notice or a court filing. We agree the structure that fits your need in writing before any work begins.

Yes. We are based in Chennai and coordinate matters across Indian courts, DRTs, NCLT benches and arbitral tribunals, including cross-border matters for exporters and international clients.

We agree the fee in writing before work begins — typically a professional fee for the stage of work, plus court and statutory expenses at actuals. Please speak with us for a quote on your specific matter.