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Detailed Knowledge Base

Frequently Asked Questions

We believe in transparent, predictable legal billing. Depending on the engagement scope, we offer fixed stage-wise fees for litigation & arbitration, milestone-based fees for contract drafting and due diligence, and dedicated monthly retainers for corporate advisory. Detailed fee estimates are provided upfront prior to formal engagement with zero hidden expenses.

Under Section 15 of the MSMED Act, 2006, buyers are statutorily mandated to settle MSME supplier invoices within 45 days. If delayed, the vendor can file an online claim on the MSME Samadhaan portal. The MSME Facilitation Council conducts conciliation, and if unresolved, refers the matter to arbitration where compound interest at 3x the RBI bank rate is statutorily enforced under Section 16.

No. As confirmed by the Supreme Court in JKERA v. Rash Builders (2026 INSC 368) and BBR India (2023), the seat of arbitration carries exclusive supervisory jurisdiction and remains fixed regardless of where physical hearings or venue meetings occur. A seat can only be relocated through express, recorded mutual agreement of both parties.

Under the Insolvency and Bankruptcy Code (IBC), the minimum default threshold for initiating Corporate Insolvency Resolution Process (CIRP) before NCLT under Section 7 or Section 9 is ₹1 Crore. For operational creditors under Section 9, sending a mandatory statutory Demand Notice in Form 3/4 is a prerequisite.

Our senior advocates regularly represent clients before the High Court, Commercial Courts, NCLT Benches, Debt Recovery Tribunals (DRT & DRAT), RERA Tribunals, and domestic and international arbitration tribunals.

Key high-risk clauses include unilateral indemnity obligations, limitation of liability caps, ambiguous termination for convenience clauses, choice of law/jurisdiction clauses, and intellectual property assignment scope. Our corporate team provides comprehensive contract risk audits within 48 hours.

Borrowers receiving Section 13(2) or 13(4) possession notices under SARFAESI Act can file a Securitisation Application (SA) under Section 17 before the Debt Recovery Tribunal (DRT) to challenge procedural illegalities, valuation errors, or obtain interim stays against property auction.

Urgent consultation requests submitted via telephone (`+91 81064 48705`), WhatsApp, or email (`istiaq@accendolaw.com`) are processed within 2 hours. Same-day emergency strategy sessions are available for restraining orders, injunctions, and tender disputes.

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