Judgment
Rehlnleh Moval from Advocate Rolls Requires Proof of Fraud Nexus
The Delhi High Court held that removal from advocate rolls under Section 26 of the Advocates Act requires proving fraud directly secured the enrolment.
5 min read
Practice area
Litigation
Civil and commercial litigation, company and insolvency proceedings, writs and appeals, before the courts and tribunals of South India.
The Litigation Landscape
Commercial disputes in India are increasingly triaged by forum before they are triaged by merit. The Commercial Courts Act, 2015 introduced case management timelines for commercial suits above the specified value, while ordinary civil suits proceed under the Code of Civil Procedure, 1908 in the district judiciary. Specialist tribunals now decide much of what used to be general civil litigation — the NCLT for company and insolvency cases, RERA authorities for real estate, consumer commissions for consumer claims, and the writ jurisdiction of the High Courts for regulatory and administrative action.
Choosing the wrong forum, or missing the procedural step that keeps a claim alive, costs more time than losing an interlocutory application. Limitation, jurisdiction and the correct cause of action are questions we resolve before drafting starts, not after a defendant raises them.
In practice the early weeks of a case matter disproportionately. Interim protection — an injunction, an attachment before judgment, the appointment of a receiver — frequently shapes the settlement range long before any final hearing, and a case built on a thin factual record rarely recovers later.
How We Support You
We advise on strategy before we advise on pleadings: whether the claim is worth bringing, which forum gives the best route to the relief you actually need, what interim protection is available, and what the realistic cost and timeline look like. Where a commercial settlement is the better outcome, we say so early.
The team handles the full course of contentious work — pre-action notices and replies, interim applications, pleadings and evidence, cross-examination, execution of decrees, and appeals. We act on both sides, including in cases filed against clients without notice, and we run the litigation, insolvency and regulatory angles of a dispute as one brief rather than several.
Who We Act For
Indian and international companies, banks and financial institutions, promoters and shareholders in governance and oppression disputes, infrastructure and construction parties in claims arising out of delay and variation, and individuals in significant civil and commercial cases.
What We Handle
The work inside this practice. Each has its own page setting out what it covers, how it is sequenced and where it is heard.
Civil and Commercial Litigation
Contractual claims, recovery suits, specific performance, property and title suits, guarantee and indemnity claims, and shareholder and joint venture disputes. We handle proceedings before the commercial divisions, the district judiciary, the High Courts and — where the case warrants it — the Supreme Court of India.
Read moreInterim and Injunctive Relief
Injunctions and ex parte applications, attachment before judgment, appointment of receivers, and Order XXXIX applications under the Code of Civil Procedure, 1908 — together with the undertakings and security a court will usually require in return.
Read moreCompany and Insolvency Litigation
Proceedings before the NCLT and NCLAT — insolvency applications and objections under the Insolvency and Bankruptcy Code, 2016, oppression and mismanagement petitions under Sections 241 and 242 of the Companies Act, 2013, and scheme objections.
Read moreWrit and Regulatory Litigation
Writ petitions before the High Courts challenging regulatory action, licensing decisions, tender and procurement outcomes, and tax and levy demands, together with statutory appeals before sectoral appellate tribunals.
Read moreExecution and Enforcement of Decrees
Execution proceedings under Order XXI of the Code of Civil Procedure, attachment and sale of judgment debtor assets, and coordination of parallel civil, criminal and regulatory tracks where a recovery has more than one available route.
Read moreAppellate Litigation
First and second appeals, revision petitions, and appeals to the Supreme Court of India on special leave — with a view on the merits of an appeal given separately from the outcome below, because the two questions are not the same.
Read moreConsumer and Real Estate Litigation
Allottee and consumer commission claims, proceedings before the Real Estate Regulatory Authorities and their appellate tribunals, and civil suits arising out of construction delay and possession disputes.
Read more
How the Work Is Sequenced
Indicative stages and what each produces. Timelines depend on the case. Where we can give a realistic range, the FAQs below say so.
Case assessment
Merits, limitation, forum and enforceability reviewed together, with a candid view on what the claim is realistically worth after costs and time. We would rather advise against a weak claim at this stage than at the hearing.
Pre-action steps
Notice and reply, evidence preservation, and pre-institution mediation where the Commercial Courts Act requires it. Where interim relief is needed, moving without delay — laches is a real defence.
Institution and interim relief
Pleadings, documents and the interim application filed together, since the first hearing is often where practical protection is won or lost.
Evidence and hearing
Witness statements and affidavits, expert evidence where quantum is contested, discovery and interrogatories, and cross-examination, tracked against the applicable case management timeline.
Judgment and after
Execution of the decree, or appeal. We advise on the cost-benefit of appeal separately from the outcome below, because the two questions are not the same.
Jurisdictions, Forums and Regulators
Where cases in this practice are heard, filed or determined.
- Supreme Court of India
- High Court of Telangana; High Court of Andhra Pradesh; High Court of Karnataka
- Commercial Courts and the district judiciary across Telangana, Andhra Pradesh and Karnataka
- National Company Law Tribunal and National Company Law Appellate Tribunal
- Debts Recovery Tribunals; Consumer Disputes Redressal Commissions
- Real Estate Regulatory Authorities and Appellate Tribunals
Related Insights
- Judgment
Interim Bail to Candidate: SC Declines Bengal Challenge
The Supreme Court refused to revoke the interim bail to candidate Milan Pradhan, holding that an accused should not feel unfairly denied the right to contest.
4 min read
Frequently Asked Questions
General information about how this practice works. It is not legal advice and does not create a lawyer–client relationship.
How long does a civil or commercial dispute take in India?
It varies widely by forum. A commercial suit at first instance commonly runs two to four years, though the Commercial Courts Act timelines have compressed some stages. An ordinary civil suit in the district judiciary can take longer. Appeals and execution add further time.
What is the difference between an interim injunction and an attachment before judgment?
An injunction restrains a party from doing something — disposing of an asset, continuing a disputed act — while an attachment before judgment freezes a specific asset so it remains available to satisfy a future decree. Courts grant either only on a real showing of urgency and risk, not as a matter of course.
We have an unsatisfied decree. What can we actually recover?
Execution proceedings can attach and sell the judgment debtor's assets and garnish debts owed to them. The practical constraint is usually locating assets rather than the law — we typically start with an asset search before filing.
Can we get an injunction quickly?
Urgent interim relief can be sought at the time of filing, and courts do hear genuinely urgent applications at short notice. But the threshold is real: a prima facie case, irreparable harm, balance of convenience, and clean conduct. Courts commonly require an undertaking as to damages or security as a condition.
How do you charge for litigation work?
Usually a combination of a retainer for the case and appearance fees, or hourly rates for advisory and drafting stages. We give a written estimate at the outset broken down by stage, and flag when a development is likely to move the estimate.
Do you act on the defence side as well?
Yes. We regularly act for parties who have been sued or served with a petition, including on short notice. The same team runs both claimant and defence work, and we run a conflicts check before taking on any new instruction.