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Business Law
For a small or growing business, most legal problems can be traced back to a document that was never written, or one that was written without anyone asking what would happen if things went wrong. A partnership formed on trust, a supply arrangement agreed over the phone, or a customer who keeps delaying payment can each become a serious dispute.
Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, advises businesses and their owners in Kochi and across Kerala on how to set up, document and protect their arrangements, and advises them when disputes arise. The emphasis is on practical documentation that the people running the business can understand and rely on.
When a dispute does arise, the options are weighed in commercial terms: a firm notice, negotiation, mediation, arbitration where the contract provides for it, or a suit before the appropriate court.
Business matters handled include:
Questions people often ask
Should a partnership firm be registered?
Registration is not compulsory, but under Section 69 of the Indian Partnership Act, an unregistered firm cannot file a suit against a third party to enforce a right arising from a contract. For most working firms, registration is worth doing early.
Is mediation compulsory before filing a commercial suit?
For commercial disputes covered by the Commercial Courts Act, Section 12A requires the plaintiff to first attempt pre-institution mediation, unless the suit seeks urgent interim relief. This step should be planned for when calculating timelines.
A buyer is not paying my small business. Is there a remedy other than a civil suit?
If your business is registered as a micro or small enterprise, the MSMED Act requires buyers to pay within the agreed period, which cannot exceed forty-five days, and allows the supplier to approach the Micro and Small Enterprises Facilitation Council for delayed payments with interest.
To discuss your business matter, you can book a consultation or call the office on +91 94472 90234.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
