At Patnaik and Associates we are dedicated to provide practical, efficient legal advice to our Clients. We are committed to provide effectively and efficiently a comprehensive range of legal services in the field of corporate and commercial laws, Litigation and Arbitration laws, Intellectual Property laws, Taxation Laws, Infrastructure laws, our firm today flourishes on its reputation and on its Client relationship. With the aim of Client satisfaction, it insists on quality performance, practical advice and strict confidentiality. With our unlimited desire and energy to serve and the wisdom of experience our firm is determined to make a difference.
Anti-Trust Laws & Regulations
- Antitrust and Trade Practice
- Consumer Protection Practice
Advising the companies on various laws relating to the Monopolies, Restrictive & Unfair Trade Practices. Consumer's right under Consumer protection enactments and appearing on behalf of the companies before the MRTP Commission, New Delhi and appearing before the Consumer Forums all over India including District Consumer Forums, State Commissions and National Commission.
Banking & Finance
a) Advising the companies and corporations on project financing, financial restructuring, establishing new projects, arranging finances from the national level institutions, such as, State Financial Corporations and Industrial Development Banks and from the various financial institutions in India. Appearing on behalf of various companies and individuals and financial institutions and banks in various Tribunals and Courts. Acting for and on behalf of the foreign commercial banks, holding companies, leasing companies, assets based lenders, investment banks, non-banking companies. Rendered legal services for establishment of power projects, infrastructural projects, technological park and software centers in India.
b) Acting as lawyers for loan syndication, registration of documents, bank guarantee, creation of security and preparing and finalizing loan documents and security documents.
Corporate/Company Laws
Following are few of major areas of practice:
- Mergers & Acquisitions
- Securities
- Venture Capital & Private Equity
- Corporate Restructuring
a) The firm is doing extensive legal work relating to mergers, amalgamations,
take-over and financial restructuring. Advising the companies on financial
aspects, restructuring before mergers and takeovers and making appearances
through its advocates before all the authorities of the Government of India and
before the concerned High Courts, for seeking necessary approvals under the
applicable laws. Advising the companies and maintaining secretarial records.
Overseeing the minutes, records, agreements and other documents. Advising
and also obtaining approvals of Registrar of Companies and Department of
Corporate Affairs.
b) Incorporating companies, finding joint venture partners in India, transfer of
technology, arranging foreign collaborations and tie-up arrangements;
organizing and advising direct foreign investment in India, obtaining approvals
from the Reserve Bank of India and Foreign Investment Promotion Board in
India, arranging for equity and drafting the Joint Venture Agreement, Foreign
Collaboration Agreements, Memorandum & Articles of Association of
Companies, in accordance with the laws and regulations applicable to the
Companies under the Companies Act, 1956, Securities and Exchange Board of
India Act, Indian Contract Act, Guidelines of the Government of India for
Foreign Collaborations, Direct Foreign Investments and Equity Participation
in the Joint Ventures in India under the provisions of Foreign Exchange
Management Act, 1999 and the Reserve Bank Regulations applicable to
companies in this regard. Advising the companies to establish industrial
undertakings in India, arranging for purchase of real estate and preparing the
documents of title in respect thereto.
c) Advising the companies about the raising of public funds in accordance with the
guidelines issued by the Securities and Exchange Board of India from time to
time. Advising in the preparation of the public prospectus and also other
private deals, such as bought-out deals, investment by Non-Resident Indians,
investment by overseas corporate bodies, investment by Foreign Institutional
Investors and foreign companies in the public issues as well as in the joint
ventures in India. Advising Non-Banking Financial Companies for their business
in accordance with Reserve Bank of India (RBI) directions and guidelines (RBI
Act).
Criminal Litigations with regard to dis-honour of cheques
The firm is advising the Corporations & big & medium size Companies on Negotiable Instruments such as; Promissory Notes, Bills of Exchange and Cheques. The firm's Lawyers have successfully fought & defended number of cases on behalf of both complainants & accused respectively in the Court of Metropolitan Magistrate or Judicial Magistrate all over the country.
Court Litigation
The firm has an experienced team of lawyers who attend litigations before the Supreme Court of India and all other High Courts in the States and also before specialized Tribunals. The Firm specializes in all litigations relating to the Corporate, Commercial, Civil, Intellectual Property and Constitutional matters.
Environmental Litigations
There is extensive application of environmental legislations applicable in all the States in the Union of India, such as Air Pollution (Prevention & Control) Act, Water Pollution (Prevention Control) Act, advising the industrial undertakings in respect of such Pollution Control Legislation and obtaining the necessary approvals from the Pollution Control Boards operating in various States
Telecommunication, Internet And Intellectual Property
At Patnaik and Associates we provide our Clients with pragmatic solutions for all situations and transactions, from Brick Mortar Business to Internet /electronic-related business. In India finally the Telecom Regulatory Authority of India Act, 1997 (in short TRAI) was enacted to for smooth functioning of Telecom sector and discourage un-healthy competition among various service providers, recommending need for new service providers, interpretation of terms and conditions of the licence agreements of service providers, ensuring technical compatibility and effective inter-connection between different service providers. We ensure the compliance of terms and conditions of licence, facilitated competition and promote efficiency in the operation of telecommunication services. That TRAI Act was incorporated to protect the interest of the consumers of telecommunication services, to facilitate the growth in such services, monitor the quality of services, ensure effective compliance of universal service obligations, render advise to the Central Government in matters relating to the development of telecommunication technology and to settle and adjudicate the disputes between the service providers. It was also empowered to notify the rates at which the telecommunication services are to be provided. The Firm assists its Clients to realize and maximize the value of their Intellectual Property Rights (IPRs) in all aspects, including the management & Registration of their IPRs, structuring, negotiations and documentation of transactions and dealings relating to IPRs and protection and enforcement of all types of Proprietary Rights, including Patents, Trade Marks, Copyrights and trade secrets. The Firm advises the companies and the corporations on the registration of trademarks, patents, designs and protection of law for copyrights, under The Trade and Merchandise Marks Act, Indian Patent Act, The Designs Act, and The Copyright Act. Attending to litigations in various High Courts and before the Registrar of Trade Marks & Patents, Copyright and other related litigations in the areas of protection of Intellectual Property Rights.
Litigations, Arbitration And Conciliation
The Firm's Lawyers advising extensively MNCs and companies of Indian origin on various legal issues relating to litigations in the Court and advising on international, commercial arbitration/conciliation proceedings.
Revival, restructuring & acquisition of sick industrial undertakings
a) Advising the companies in India and other foreign investors to acquire existing
sick industrial companies, preparing schemes of rehabilitation and financial
package and processing the same by making appearance before the Board for
industrial and Financial Reconstruction, New Delhi and also making appearance
before the Appellate Authority for Industrial and Financial Reconstruction and
the concerned High Courts. Advising the companies about further litigations in
this regard and filing the necessary constitutional writs for this purpose in
High Courts and Supreme Court of India.
b) Major insolvencies, corporate rescues & corporate shareholder disputes.
Taxation
The firm extensively advises its clients on the Direct and Indirect Taxation, such as laws relating to Central Excise and Customs which are the largest revenue collecting legislations in India, Direct Taxes, such as Income Tax, Gift Tax, Sales Tax and property transfer charges and stamp duties as applicable in various states. The lawyers of the firm are appearing before the Customs Excise Service Tax Appellate Tribunal (CESTAT), Sales Tax Tribunal and also before the various High Courts in the related litigations and authorities, dealing with aforesaid tax matters.
Property & Real Estate Development Management
The firm is rendering services to help Non-Resident Indians and Foreign Corporations and firms, to verify and search titles of immovable properties to be hired or purchased. The firm also helps the Non-Resident Indians and Foreign Corporations to identify, negotiate and finalize the deals for hire/purchase of immovable properties and obtain necessary approvals and information. The firm’s lawyers are well equipped with the laws relating to Special Economic Zones, Transfer of Property Act, Contract Act, Land Acquisition Act.
Pro-Bono Work
To meet social obligations, the law firm is involved in extending legal services to the poor and needy individuals, litigants in the form of “Free Legal Aid” We have also associations with few of the Non-Governmental Organisations of India through whom we provide free legal services to the needy.