Startups & Companies Entering India
Remote Indian-law advisory and retainer support for early-stage companies — particularly foreign startups entering the Indian market — together with NCLT matters and commercial disputes at Bangalore.
Who this is for
A startup entering India — through an Indian subsidiary, an Indian partner, Indian customers or an Indian team — soon meets questions of Indian law: whether its contracts are enforceable here, how to protect itself against non-payment, what its founders' and investors' documents should say, and what happens when a dispute arises. Large Indian law firms are often beyond an early-stage company's budget, while purely transactional providers do not appear in court.
Partha Law, the practice of Advocate Partha Sarkar at Bangalore, accepts this work on a retainer or matter basis, conducted remotely by video conference and email, so the client does not need to travel to India. Where a matter requires filings with the Registrar, tax or accounting work, it is coordinated with the client's company secretary or chartered accountant.
Retainer & Contract Advisory
Continuing advice on Indian law for a company operating in or selling into India, and the drafting and review of the documents it signs here. Contracts are reviewed for enforceability under the Indian Contract Act, 1872, for stamp duty, for the choice of law and forum, and for an arbitration clause that will actually work if a dispute arises.
Customer, vendor and service agreements
Founder and shareholder agreements
Consultant and employment terms under Indian law
NDAs and confidentiality arrangements
Arbitration and dispute-resolution clauses
Legal notices and responses
NCLT, Bengaluru Bench
Companies with a registered office in Karnataka fall within the jurisdiction of the National Company Law Tribunal, Bengaluru Bench. Matters accepted include oppression and mismanagement petitions under Sections 241 and 242 of the Companies Act, 2013, restoration of struck-off companies under Section 252, rectification of the register of members under Section 59, and insolvency applications under the Insolvency and Bankruptcy Code, 2016. A foreign shareholder may petition on the same footing as any other member.
NCLT & Company Law in detail →Commercial Disputes & Arbitration
Recovery of commercial dues and contract disputes before the Commercial Courts at Bangalore, including the mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, summary suits under Order XXXVII CPC, and domestic and international commercial arbitration under the Arbitration and Conciliation Act, 1996 — interim measures under Section 9, appointment under Section 11, challenges under Section 34 and enforcement.
Commercial Disputes & Arbitration in detail →Startups & Companies — Frequently Asked
Can a foreign company engage an Indian advocate without coming to India?
Yes. Advisory and documentation work is routinely 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.
Is pre-institution mediation required before suing to recover commercial dues in India?
In most cases, yes. Section 12A of the Commercial Courts Act, 2015 requires pre-institution mediation before a commercial suit unless urgent interim relief is sought. In Patil Automation Private Limited v. Rakheja Engineers Private Limited (2022) the Supreme Court held this to be mandatory. A dispute is triable by a Commercial Court where the specified value is not less than three lakh rupees.
Our Indian subsidiary was struck off while we were abroad. Can it be revived?
Usually. Section 252 of the Companies Act, 2013 provides an appeal to the NCLT within three years of the Registrar's order, and an application by the company, a member, a creditor or a workman within twenty years of the strike-off notice. Limitation runs from the Registrar's order, not from when the strike-off was discovered. See Restoring a Struck-Off Company.
Enquiries on a matter in this area
The office can be reached for correspondence, including from abroad, on the details below. An enquiry does not create a lawyer-client relationship, and no advice is given until a matter is formally accepted.
Informational only, per Rule 36 of the Bar Council of India Rules. No solicitation of work is intended.