Retainer Advisory · Contracts · NCLT · Commercial Disputes & Arbitration
Partha Law, the practice of Advocate Partha Sarkar at Bangalore, accepts Indian-law advisory and retainer work for early-stage and growing companies — particularly foreign startups entering the Indian market — together with NCLT matters and commercial disputes. The work is conducted remotely, by video conference and email, so the client does not need to travel to India.
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NCLT Bengaluru Bench · Commercial Courts, Bangalore · High Court of Karnataka
A startup entering India — through an Indian subsidiary, an Indian partner, Indian customers or an Indian team — soon needs answers on Indian law. Large Indian firms are often beyond an early-stage budget, while purely transactional providers do not appear in court. This practice sits between the two.
Entering India with customers, vendors, a team or a subsidiary, and needing a standing Indian legal contact.
Where the promoters live overseas and problems — a strike-off, a register dispute, a director issue — surface late.
Co-founder exits, shares promised but never allotted, and minority shareholders facing oppression.
Continuing advice on Indian law on a monthly retainer or per matter: customer, vendor and service agreements, founder and shareholder agreements, consultant and employment terms, NDAs, arbitration clauses and legal notices.
Startup Advisory & Retainer →Before the NCLT, Bengaluru Bench: oppression and mismanagement under Sections 241 and 242, restoration of struck-off companies under Section 252, rectification of the register under Section 59, and insolvency applications under the IBC.
NCLT & Company Law →Recovery of commercial dues, contract disputes, pre-institution mediation under Section 12A, summary suits, and arbitration under the Arbitration and Conciliation Act, 1996 — interim measures, appointment, challenge and enforcement.
Commercial Disputes & Arbitration →Section 138 matters in a commercial setting — company cheques, director liability under Section 141, interim compensation, and coordination with a suit, arbitration or insolvency application as part of a single recovery strategy.
Cheque Dishonour →Consumer matters before the Karnataka State Commission and the National Commission — homebuyers against builders, repudiation of substantial insurance claims, and medical negligence.
Consumer Disputes →Business email compromise and payment diversion, theft of confidential data or source code by insiders, hacking, and frozen business accounts — compensation under Sections 43 and 46 of the IT Act, injunctions and criminal remedies.
Cyber Disputes →Enforcing in India a judgment or arbitral award obtained abroad — execution under Section 44A CPC for reciprocating countries, suits on judgments from other countries, and enforcement of New York Convention awards.
International Clients →The practice accepts a limited number of corporate engagements at a time, so that each receives the advocate's personal attention. A general outline follows; it is not a commitment as to timing or outcome in any matter.
A video call, scheduled across time zones, to understand the business and the question.
A written engagement letter — a monthly retainer for ongoing advice, or a defined scope for a single matter — with professional fees agreed at the outset.
Drafts, reviews and advice in writing; calls when needed. Filings and accounting are coordinated with the client's CS or CA.
If a dispute reaches the NCLT or a court at Bangalore, it is conducted here on the client's authorisation.
Yes. Advisory and documentation work is carried out by video conference and email. Where court or tribunal proceedings are needed, the company can authorise a representative in India by board resolution or power of attorney, and tribunals have permitted appearance by video conferencing in appropriate cases.
Depending on the contract and the amount: through arbitration if the contract has an arbitration clause; through a commercial suit after pre-institution mediation under Section 12A of the Commercial Courts Act, 2015; or, where the default is one crore rupees or more, through an operational creditor's application under Section 9 of the IBC — which a genuine pre-existing dispute will defeat. See the Section 9 IBC route.
Yes. Eligibility under Sections 241 and 242 of the Companies Act, 2013 turns on membership of the company, not on citizenship or residence, subject to the thresholds in Section 244, which the Tribunal may waive in a fit case. See Oppression and Mismanagement.
For corporate and commercial matters, please write by email with a short description and your time zone, or send a WhatsApp message. Consultations are by appointment, by video conference. An enquiry does not create a lawyer-client relationship.
Informational only, per Rule 36 of the Bar Council of India Rules. No solicitation of work is intended. Family and matrimonial matters are dealt with in the Family Practice.