FIRM PROFILE

A Limited Liability Partnership Firm, registered with Registrar of Companies, under Ministry of Corporate Affairs, with Mr. Samir Kumar Sabat (as Founder- Cum-Managing Partner ), who is head of the Firm, Mr. Sunil Kumar Sabat as Associate Partner, looking after the court cases in all levels including DRT, DRAT, NCLT, NCLAT, NCDRC, High Court and Supreme Court and Mr. Lalit Kumar Sarangi as Associate Partner, who is looking after all counselling matters with Banks/FIs for mortgage related compliances.

“SCOPE OF ACTIVITY UNDERTATKEN BY THE FIRM”

  • Initiating the criminal cases like mis-appropriation of funds, cheating, fraudulent & breach of trust in Corporate affairs; a
  • Civil cases like recovery of dues by way of Summary Suits, Winding-up & Writ Petitions, Proceedings for dishonor of cheques, arbitration & reconciliation processes
  • Issuance / Renewal of License for Trade Mark, Copy right registration and Patent related cases.
  • Customs / Excise related court cases
  • Consumer disputes and employment, labour service related issues.

Arbitration/Reconciliation through Alternative Dispute Resolution (ADR)

Alternative dispute resolution has become an important step in the dispute resolution process, which expanded over the last several years.

We are an emerging law firm in India providing alternative dispute resolution services. Our law firm assists clients with resolution of disputes in all areas of general and special practices in a broad range of industry sectors including Power and Energy, Construction and Infrastructure, Real Estate, Banking and Finance, Labor & License Compliance.

Our attorneys have acted as counsels and arbitrators in high stake arbitrations providing best advice and support in resolving the dispute through Alternative Dispute Resolution (ADR) such as conciliation and mediation. We have a dedicated team of lawyers with specific expertise to meet our client’s requirements and handle complex arbitration matters both in India and abroad.

Services provided by our Group

  • The Corporate Litigation Division of our Firm manages a full range of corporate and commercial matters which inter alia include the following:
  • The firm’s other areas of practice can be summarized as follows:
  • Banking & Finance unde Insolvency and Bankruptcy Code (IBC)
  • Retail Regulatory Compliances
  • Corporate and Commercial Laws
  • Litigations & Dispute Reconciliations

Corporate & Commercial Practice 

We represent a number of government bodies, companies as well as individual clients in civil litigation.
Our sphere of representation ranges from

  • High Courts
  • District Courts
  • Consumer Disputes Forum (National, State, District)
  • National Company Law Tribunal and its Appellate Tribunal
  • Debt Recovery Tribunals including its Appellate Authority
  • Divisional Commissioner and other Revenue Authority

We represent clients on all types of civil and commercial litigation in all the courts and tribunals in the country. We have our network of civil litigation attorneys around the country and thus our clients do not have to engage local lawyers. We cater to the needs of our clients in all areas of civil and commercial litigation. We represent our clients in an array of matters such as-

Civil:-

  • Company Law
  • Service Law
  • Banking and Finance Laws
  • Consumer Law
  • Recovery Suit
  • Property Suit
  • Disputes related to Contracts/Agreements
  • Labour and Employment Laws
  • Wills and Probate
  • Enforcement of Decrees,
  • Enforcement of Arbitration Awards

White Colour Corporate Crimes

With the advent of Globalization and Industrialization taking place at a rapid pace the world over today, we are faced with Crimes of a nature which is becoming institutionalized and hard to detect. Corporate Crimes is a major challenge to the legal fraternity, the law makers, and the law enforcers.
Corporate crimes in a globalize economy has no borders and can affect the economies of countries on a large scale and on a smaller scale can cause huge losses to Corporate houses and bring to halt the functioning of their businesses. Keeping in view the disadvantages brought by the changing economy we render our expert advice to corporate houses and also leading corporate personalities in mitigation of Corporate Crimes like:

  • Bankruptcy fraud,
  • Financial and securities fraud,
  • Evading corporate taxes
  • Misappropriation of funds
  • White Color crimes

We represent clients on all types of civil and commercial litigation in all the courts and tribunals in the country. We have our network of civil litigation attorneys around the country and thus our clients do not have to engage local lawyers. We cater to the needs of our clients in all areas of civil and commercial litigation. We represent our clients in an array of matters such as-

  • Family Law
  • Company Law
  • Service Law
  • Banking and Finance Laws
  • Consumer Law
  • Recovery  Suit
  • Property Suit
  • Disputes related to Contracts/Agreements
  • Intellectual Property Laws
  • Labour and Employment Laws
  • Tax Laws
  • Environmental Law
  • Wills and Probate
  • Enforcement of Decrees,
  • Enforcement of Arbitration Awards,

OUR SERVICES INCLUDE

  • Special Leave Petitions
  • Transfer Petitions
  • Writ petitions
  • Appeals
  • Suits for injunctions
  • Recovery Suits
  • Consumer Complaints
  • Property disputes
  • Proceedings under the Public Premises (Eviction of unauthorized occupants) Act
  • Suits for eviction, mens profits, and damages
  • Suits for specific performance of contract
  • Suits under the Indian Partnership Act
  • Suits for Mortgage claims
  • Petitions before the National Company Law Tribunal and Appellate Authority (NCLT/NCLAT) for oppression and mismanagement, winding up
  • Proceedings before the Debt Recovery Tribunal (DRT/DRAT)
  • Matters under section 138 Negotiable Instruments Act 1881
  • Real Estate and Construction disputes under RERA
  • Legal Notices

CRIMINAL 

We represent clients on all types of criminal cases in all the courts and tribunals in the country. We have our network of criminal lawyers around the country and thus our clients do not have to engage local lawyers. We cater to the needs of our clients in all areas of criminal litigation. We represent our clients in an array of matters such as-

  • Quashing of FIR
  • Police Complaints
  • Criminal Complaints
  • Domestic Violence
  • Bank/Financial Institutions Fraud and Forgery
  • Misappropriation of funds
  • Violation of Intellectual Property Rights /Cyber Laws
  • Dishonour of Cheques
  • Criminal Breach of Trust
  • Cheating
  • Bails
  • Trial
  • Evidence
  • Suspension of Sentence
  • Appeals & Revisions

CORPORATE

With the advent of Globalization and Industrialization taking place at a rapid pace the world over today, we are faced with Crimes of a nature which is becoming institutionalized and hard to detect. Corporate Crimes is a major challenge to the legal fraternity, the law makers, and the law enforcers.
Corporate crimes in a globalize economy has no borders and can affect the economies of countries on a large scale and on a smaller scale can cause huge losses to Corporate houses and bring to halt the functioning of their businesses. Keeping in view the disadvantages brought by the changing economy we render our expert advice to corporate houses and also leading corporate personalities in mitigation of Corporate Crimes like:

  • Antitrust violations,
  • Bankruptcy fraud,
  • Environmental law violations,
  • Tax evasion,
  • Financial and securities fraud,
  • Illegal exploitations of employees,
  • Mislabeling of goods,
  • Violation of weights and measures,
  • Evading corporate taxes
  • Misappropriation of funds
  • Work place crimes

BANKING FINANCE AND MORTGAGE

We are one of the well known law firms in India empanelled for legal services in various banks and financial institutions. We advise domestic and international financial companies, institutions and banks including non-banking financial companies on securitization laws, securities, derivatives, restructuring, banking and insolvency, asset finance, project finance and insurance. Our banking attorneys possess significant experience with legislation and regulation concerning securities, securities transfers, and privacy, including the collection, use, and disclosure of information in a financial context.

Services rendered by our law firm in the financial sector include acquisition finance, project finance, legal opinions, drafting escrow, consortium, mortgage, pledge and lien agreements and loan agreements, credit & security documentation. Our law firm also deals in securitization of assets, cases with respect to dishonor of cheques, debentures, guarantees and other form of securities etc. Our law firm represents the leading non-banking financial companies in India in civil and criminal litigation, consumer matters and arbitration.

Our law firm’s finance practice represent lenders, underwriters, arrangers, borrowers and other clients in their various roles in financing transactions, and provide reasoned and timely advice concerning mergers and acquisitions, leveraged buyouts, tender offer financings, joint ventures, and other credit transactions. We also deal in obtaining licensing and regulatory approvals for unit trusts and investment companies. Our team is dedicated to mortgage compliances for Banks/FIs in the following aspects:

a) Title Search & Investigations

  • Conduct legal search of the land records in sub-registrar’s office to establish the chain of land transactions
  • Thoroughly check the current ownership and encumbrances on the property and provide his opinion regarding the property.
  • Submit a comprehensive report in the manner as instructed by Banks/FIs on the aforesaid investigation, in formats prescribed by the Clients.
  • Scrutinize the title documents in the current owner’s name for the project/ property referred by Banks/FIs to establish the ownership and the validity of the documents.
  • The comprehensive report shall be duly signed and authenticated by the Advocate himself (list of authorized officers/partners as mentioned in the schedule.
  • Scrutinize the chain of title documents for the project/ property evidencing the transfer of the ownership in the current owner’s name.
  • Call for further documentation / information if deemed necessary.
  • To scrutinize the documents executed by the seller and the purchaser, Banks/FIs’ Borrowers, evidencing the sale/intention to sell the house with clear, free from encumbrances and marketable title.
  • In connection with the above, the Advocate shall thoroughly scrutinize thoroughly all documents forwarded to him by Banks/FIs.
  • Carry out a thorough investigation and verification of title to the properties notified to the Advocate on behalf of Banks/FIs

b) Vetting of Loan Documents and Disbursement Kit

  • Check and verify that the original ‘Sanction letter’ is found in docket/disbursement kit and the same is signed by authorized signatory of Banks/FIs with his name & employee code and duly accepted by all the Borrowers
  • Check and verify that account name, branch code/name, borrower name etc. are mentioned on Disbursement Kit
  • Check and verify that all documents found in the Disbursement Kit are found satisfactory and are not torn/ mutilated.
  • Check and verify that the Disbursement Kit is filled up completely and correctly without any alteration
  • Check and verify that particulars like loan amount, name of the borrowers and details of Security etc. are correctly mentioned in Loan Documents and same is signed by all borrowers
  • Check and verify that adequate stamp duty (state-wise) is paid for Loan Documents
  • Check and verify that original ‘Demand Promissory note’, ‘Letter of Continuity’, Declaration cum undertaking, ‘Memorandum of Entry, are found in docket/disbursement kit and same is executed by all borrowers/POA holder/authorized signatory of Banks/FIs
  • Check and verify that the Disbursement kit is signed by authorized signatory of Banks/FIs (wherever required)
  • Check and verify that original disbursement receipt is found in disbursement kit and same is signed by all borrowers
  • Check and verify that the original Deed of Guarantee is found in docket/disbursement kit (if any)
  • Check and verify that duly signed original legal reports found in docket/disbursement kit and same is accepted by all borrowers/POA holder, report irregularity.
  • Check and verify that the copy of signed legal search receipt is held in docket
  • Check and verify that the copy of legal search receipt is found in docket
  • Check and verify that the property details match with legal report and property documents
  • Check and verify that the original vetting report is found in all cases
  • Certified copy of the title document shall also be obtained in order to confirm that original tallies with the certified copies and in order to minimize possible fraud / deception and duplicity as and when required by Banks/FIs.
  • Confirm that borrower has complied with building bye laws and/or the conditions and approvals required from different authorities under the statute, building bye laws, rules and regulations frame there under.
  • To verify and confirm the change of land use under the relevant local laws of the particular state.
    Check and verify that all repayment instalments have been received as per the sanction conditions and if they have been duly filled.

c) Vetting of Property Documents

  • To vet all original ‘Title deeds as per P&D are held in docket/disbursement kit
  • To scrutinize whether all original/ photocopies of documents (other than Title Deeds/ Collateral documents) as per P&D are held in docket/disbursement kit
  • To check and verify that tripartite agreement has been executed in eligible cases
  • To vet the list of property documents received
  • To check and verify whether any waiver has been obtained with respect to any original title document (if not collected)

d) Transactions & Collection/submission of OTC and PDD documents:-

  • To collect all the documents, both at the time of disbursement and subsequently from the office of the Sub-Registrar, Institutions, Authorities and Customer, as applicable in the manner as intimated by Banks/FIs from time to time and to deliver the documents within two working days to the concerned branch of Banks/FIs or within such time as required by Banks/FIs.
  • To collect documents and title deeds for the Balance Transfer, Resale, Purchase Transactions.  Advocate shall ensure all Post Disbursal Documents including the registered sale deeds are collected and submitted within the stipulated time to the concerned nominated person / branch of Banks/FIs. In cases of resale of the property from the Builder/ Developer where title documents have not yet been executed, the Advocate shall get the documents endorsed and deposit the endorsed documents with the branch of Banks/FIs within two working days or within such time as required by Banks/FIs. The Advocate shall collect the title documents from the concerned financial institution and deliver the demand draft / pay order to the concerned financial institution and thereafter deposit the title and other related documents within the stipulated time to the nominated person/ concerned branch of Banks/FIs.
  • To execute deed of mortgage, memorandum of deposit of title deed or any other document for creating or being an evidence of mortgage for and on behalf of the Banks/FIs, to secure the loans advanced by Banks/FIs to customers and have the same registered before the concerned sub-registrar and further to appear in person and to represent Banks/FIs before any person, authority, forum, office, regulator, commission, association, society, office of the sub-registrar of assurances, land records office, revenue department office, or any other Government Authority, etc. for the said purpose, and in particular and without prejudice to the generality of the foregoing, if necessary to sign , execute, admit , register the mortgage deed , memorandum of deposit of title deed and /or any other document/s , writing /s or deed/s for said purpose and on behalf of Banks/FIs and to present and lodge for registration and admit the execution of all such documents and indentures relating to mortgage, and to do all other acts, deeds and things in relation thereto.
  • To verify the KYC documents of the Seller and the Customer in his presence at the time of registration of the title documents with the office of the Sub-Registrar of Assurance (SRO).
    To render services for getting the title documents / sale deed or any other relevant document registered with the Office of the Sub-Registrar of Assurance (SRO) in his presence and providing services for the collection of such title documents from the SRO and delivering them to the respective Banks/FIs branches and at a place as required by them.
  • To procure registration receipt after satisfying himself with the contents of the title documents
  • To get the requisite permissions pertaining to mortgage in case the same is required from local authority / lessor.
  • To undertake any other service related to the aforesaid or other than the ones set out aforesaid as required by Banks/FIs from time to time.
  • To make, do and perform all the acts, deed and things required for the aforesaid purpose.

e) Vetting of Other Documents

  • To check and verify that the original POA is held in docket/disbursement kit (in case of NRI /POA issued by resident of India with justification)
  • To check and verify that original Board resolution/ Partnership firm resolution/ Partnership firm authority letter etc. (as per applicability) is held in docket/disbursement kit
  • To check and verify that all other original documents (as per specific format/ ready kit for every type of case like LRD/Escrow/ Borrower BT/BT seller etc. are held in docket/disbursement kit (wherever applicable)
  • To check and verify that Disbursement Memo is signed by Branch Credit Officer and Branch Head is held in docket/disbursement kit
  • To check and verify that Disbursement Request form (DRF) is signed by Branch Credit Officer and held in docket/disbursement kit

f) Vetting/ Updating Documents in the system Kastle

  • Whether all documents correctly updated in docket list /P&D in Kastle as per legal report, report irregularity.
  • Whether all property related documents transaction details are adequately and correctly captured in Kastle under Docket list – transaction module.
  • Whether all the required particulars in the loan documents match with the details captured in the system?
  • Whether any waiver has been obtained with respect to updation of any documents in the system (if not collected)?
  • If Yes, whether such waiver has been obtained as per the approval matrix?

REAL ESTATE LITIGATION 

We, represent owners, Builders / Promoters / Collaborators / developers, secured lenders, loan participants, government bodies, bondholders, borrowers, landlords, tenants and other clients. We work closely with our clients to identify their objectives from the beginning so that, together, we can formulate strategic and tactical objectives, and provide clear, proactive and practical advice. We represent our clients in disputes involving-

  • Notification / Publication of Sale / Purchase transaction
  • Sale / purchase contracts including acquisition, specific performance and other fraud/mistake claims
    Mortgage on secured loans including foreclosure, receivership, guaranty enforcement and disbursement issues, as well as lender liability and bad faith claims
  • Loan participations and other co-ownership arrangements, including inter-creditor agreement and agent disputes
  • Public financing of, and public-private partnerships relating to, infrastructure, low-income housing, and other governmentally supported projects
  • Management and operating agreements, including resort, hotel and shopping center operator issues, as well as common area maintenance and other reconciliation issues
  • Ownership structures and Title matters
  • Commercial leases, including eviction and forcible ejectment actions.
  • Major construction disputes, including subsidence, excavation, general contractor and subcontractor disputes
  • Labour and employment matters.

This multidisciplinary approach and broad experience translates into efficient and highly effective handling of clients’ real estate issues and disputes before, during, and after they result in litigation or other formal dispute resolution.
We also assist our clients in interpretation of leases, covenant enforcement, tenant renewals, rent review, notices, easement and covenant disputes, service charge disputes, boundary disputes.

This multidisciplinary approach and broad experience translates into efficient and highly effective handling of clients’ real estate issues and disputes before, during, and after they result in litigation or other formal dispute resolution. 
We also assist our clients in interpretation of leases, covenant enforcement, tenant renewals, rent review, notices, easement and covenant disputes, service charge disputes, boundary disputes.

TRANSACTIONAL DOCUMENTS

We draft and negotiate various kinds of agreements and contracts related to real estate and construction which include Joint Development Agreement, MOU, Settlement Deeds, Maintenance Agreements, Mortgage, Pledge and Hypothecation Agreements, Guarantee Deeds, Asset Purchase Agreement, business agreements, Escrow Agreement, etc.

We also negotiate, implement and review investment agreements, land purchase agreements, lease deeds, license agreements, sale deeds, agreement to sell, and Collaboration agreements. We also deal in necessary documentation for joint ventures, mergers and acquisitions, development of townships and establishing Group Housing Colonies.

RESEARCH AND OPINION

We, also conduct property title searches and due diligence, provide a full range of legal research services and solutions to private and public sector companies, firms and individuals. Our experienced lawyers have diversified experience in varied fields of law and render research based services and opinions to our clients on all fields of Corporate Laws, Mergers And Acquisitions, Joint Ventures, Taxation, Banking, Real Estate, Intellectual Property Rights, Employment and Industrial Relations, Power and Energy sector, Retail Sector, Litigation, Arbitration and Case Law Research.

We understand the needs and requirements of our clients and provide the best legal solutions at the shortest span of time. We analyse the risks and potentials of the transactions into which our client is entering and assist them in making the right decisions by conducting legal due diligence and investigations.

DUE DILIGENCE

We, at Excel Law Group, assist our clients in conducting due diligence for assisting our clients on financial position and credibility of their potential business partners, before entering into major transactions like Joint Ventures, Mergers, Acquisitions, transfer of shares, Commercial Lease etc. We conduct due diligence of corporate documents, title deeds and records, capital and share holding details, credits and borrowing, tax, valuation of assets and intellectual property, filings with the ROC etc. Our due diligence reports are comprehensive, integrated and present true valuations. Our due diligence meets the specific requirement of the industry and the transaction. We have conducted due diligence for various private and multinational companies

POWER AND ENERGY 

We advise clients in building and operating major power projects and securing production and distribution business. We understand and are aware of the risks and opportunities arising at every stage from conception to drawdown and from production to consumption.

We deal in negotiating and drafting the project documents, including Concession Agreements, EPC Contracts, O&M Contracts and financing and security documentation, Power Purchase Agreements, Fuel Supply Agreements, Land Agreements, Construction Agreements, Production Contracts, Implementation Agreement, and BOOT projects. In the electricity sector, we act for state owned, public and privatized power generation, transmission and distribution companies such as BSES Rajdhani Power Ltd. And BSES Yamuna Power Ltd., (both subsidiaries of Reliance Power Ltd.)
.
We advise our clients on tax, loan, insurance and guarantee, counter-guarantee documents, joint venture, joint operation and maintenance agreements, opportunity exploration memorandum of understanding and related agreements. We also advise on regulatory and environmental compliance related to power and energy projects.

EMPLOYMENT & INDUSTRIAL RELATION 

We provide services in all laws and regulations related to labour and employment, industrial relations including enactments such as Industrial Dispute Act 1947, Trade Union Act 1926, Minimum Wages Act 1948, Payment of Wages Act 1936, Factories Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976, Payment of Gratuity Act 1972, Workmen’s Compensation Act 1923 etc.  Our law firm represents various clients including in Labour Court, Industrial Tribunals, Central Administrative Tribunal, Court of the Labour Commissioner, Controller of Standard Weight and Measures,etc.

Services rendered by our law firm include-   
  • Audit the Retail outlet / stores of leading brands, stores
  • Maintain the registers, manuals, Muster Rolls, applicable under several labour laws
  • Comply the display of Abstracts, Notices and Manual, as per provisions of labour laws
  • File the Deductions, Returns and Registers before the concerned Authoroties,
  •  Advise on Employment laws, labour laws, and industrial relations.
  • Advice on Disciplinary proceedings, Employees Rights, Employment and service contracts, Labour disputes and Industrial actions, safety legislation, Provident fund, statutory benefits and trade disputes.
  • Assist in complying with employment laws and labour laws.
  • Assist in implementation, monitoring and enforcement of policies dealing with sexual harassment, discrimination, employee privacy and family and medical leave.
  • Assist in wage and hour issues, collective bargaining and interpretation of work rules, grievances and industrial disputes under the labour laws.
  • Assist in compliance with labour and tax implications of cross-border movement of executive level employees.
  • Draft employment agreements, appointment letters, offer letters for consultants, termination agreements, non-competition agreements and non disclosure agreements concerning confidentiality, etc.
  • Assist in design, implement and administer all types of employee benefits and executive compensation programs and pension plan and advice on all aspects of legislative, regulatory and fiscal requirements.
  • Assist and represent our clients in disputes under employment laws relating to employment benefits, housing, group insurance (health, dental, life etc.), disability income protection, retirement benefits, social security, and other specialized benefits.
  • Assist in managing the employment effects of major corporate restructurings and transactions and provide legal advice on employment and human capital issues that occur in major merger and acquisition activities, as well as post-acquisition integrations.
  • Draft and conduct audits on trade secret protection issues.
  • Draft Employment Standing Orders and advice on Employee Provident Fund (EPF) under the Employee Provident Fund Act, Gratuity Act, etc.
  • Draft legal notices on behalf of companies as well as employees with respect to employment.
  • Represent clients in industrial relations matters such as strike, lockout, retrenchment, settlement, closure of establishment etc.; conditions of employment such as transfer, promotion, increment, industry-cum-region basis payment, bonus etc.; termination of service matters such as discharge simplicitor, dismissal by way of punishment etc.
  • Represent clients in disciplinary matters with respect to dismissal on various charges of misconduct related to duty, discipline and moral e.g. absenteeism, go slow, riotous behavior, theft, moral turpitude, loss of confidence as well as drafting show cause notices, charge sheets, conducting inquiries, advising disciplinary action etc.
  • Represent clients in Contract Labour Related such as claim of contract labour for regularization etc.
  • Represent clients in respect of claims of wrongful discharge, discrimination, harassment and whistleblower actions.
  • Draft original suits and petitions, interlocutory applications, criminal complaints, legal notices, consumer complaints and complaints relating to monopolistic and restrictive trade practices.

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