Practice Area
Litigation And Dispute Resolution:
Bhavake and Associate has had a strong litigation practice for over 2 years and is known for having successfully represented clients in complicated and intricate disputes across the country. The firm has handled civil, criminal, commercial, testamentary matters for clients before fora from the lowest courts in India to the Supreme Court.
Banking And Finance
Bhavake and Associate advises on all aspects of banking law, including banking regulations, secured commercial lending, leasing and hire-purchase, the raising of loan finance, loan agreements and negotiations. With appreciable experience in debt recovery litigation, the firm also advises on the enforcement and realization of security interests.
The firm advises on the structuring and assists with legal due diligence, legal audit, documentation, procedural follow-up and closing for loan and financing transactions. The firm advises on both joint venture and project finance contracts. Bhavake and Associate also acts for clients in the following specialized banking and finance sectors:
REAL ESTATE FINANCE
Bhavake and Associate is a pioneer in the emerging field of real estate investment in India. The firm has advised on real estate investments through Non-Banking Finance Companies (NBFCs), funds, non-convertible debenture / optionally convertible debenture structures and inter-corporate deposits. The firm has the knowledge, information and resources to advise clients on the legal, technical and strategic issues involved in real estate financing transactions, including real estate investment trusts (REITs). The services provided by the firm include conducting due diligence exercises, providing title reports and documentation and negotiating and preparing loan, investment, mortgage and other security documents, such as loan or investment agreements, mortgage and hypothecation documents, debenture trust deeds etc.
FOREIGN INVESTMENT
Bhavake and Associate advises international companies on Indian government policies on foreign investment in various sectors
Real Estate, Developments And Property Law
The firm’s real estate practice is deep and extensive and its work includes assisting clients in the purchase, leasing, licensing, arrangements, sale and lease – back arrangements, joint development / collaboration arrangements etc. The firm also advice for large scale development projects, SEZ projects, redevelopment of buildings, redevelopment of societies buildings, slum redevelopment projects, regional real estate investments, property and project financing, commercial and residential leasing, purchase and sale of immovable property and drafting of related documentation. The firm also drafts documents relating to title, lease, mortgage deed, development agreement, partition, family arrangements, transfer of tenancy, mortgage of tenancy and lease. The firm and its Associates have considerable experience in providing comprehensive and innovative advice on regulatory requirements, including payment of stamp duty and registration of documents.
Due Diligence, Title Search/Verification Of The Properties
The firm advises and/ or day to day carry out the due diligence, title search / verification and issue the certificate and the title of the properties as well as give our legal scrutiny report on the title of the properties to various companies, financial intuitions, Banks and real estate companies. We are having the sufficient, competent and knowledgeable staff for the aforesaid work including the trained Advocate, Title Search Clerks/ Title Search Investigator and we are providing our best professional service for the aforesaid professional work to various organization, Bank/ companies.
Insurance
The firm advises some of the largest global insurance and reinsurance companies in relation to their joint ventures in India and has consequently been involved in almost all the major joint ventures in India in the insurance sector. The advice includes corporate, commercial and regulatory issues.
Infrastructures And Contract Law
The firm advises and consults on the various infrastructure projects, management and consultancy projects and drafting the documents including tender documents and various types of contracts for the infrastructure and consultancy projects. We are also successfully handling the disputes and litigations arising under the infrastructure and consultancy projects including the arbitrations and court litigations.
Electricity Laws
The firm advises and consults on various issues and matters arising under the Electricity Act and Rules framed thereunder including representation before the various tribunals including MERC, APTEL and before the various courts of laws including the High Courts and Supreme Court of India.
Transferable Development Right (Tdr)
The firm also advises on acquiring, generation and utilization of the Transferable Development Right (TDR) of plot of land, in city of Mumbai and for the same drafting and finalizing the necessary agreements.
Arbitration
Bhavake and Associate has represented clients in numerous arbitration matters over the years. The firm has appeared for clients in Indian arbitration matters, and in both ad hoc and institutional arbitration matters.
The firm’s arbitration experience is widespread, ranging from construction disputes, family disputes, foreign investment disputes, corporate disputes and contractual disputes.
In addition, the firm has appeared in various Indian courts in proceedings arising out of arbitration matters. Amongst other things, the firm has applied to the court to seek the appointment of arbitrators, to obtain interim relief for clients in drawn-out arbitration matters and to challenge awards given by arbitral tribunals. The firm has also advised on, and represented clients in, complicated proceedings for the enforcement of arbitral awards in India.
The firm has participated in arbitration proceedings at a pan-India level, and has appeared before the Supreme Court and various High Courts in arbitration-related matters.
Arbitration proceedings in India often occur in conjunction with parallel court proceedings in various courts and specialized statutory tribunals. The firm is well-equipped to handle such matters and provide strategic as well as legal advice to clients, in addition to drafting pleadings and representing clients before tribunals and courts.
Corporate And Commercial Practice
The firm advises on various corporate and Commercial issues / disputes and litigation Including corporate advisory, regulatory and compliance, commercial transactions, share and business acquisitions and disposals, corporate reorganization and restructuring, joint ventures, foreign technical and financial collaboration, mergers and acquisitions, buy outs, schemes of arrangement, amalgamation and reconstruction, corporate administration, capital restructuring, private placements, anti-trust regulations and commercial contracts, insurance and exchange control regulations.
Intellectual Property Law
The firm handles law pertaining to copyrights, designs, patents and trademarks and the documentation relating to the same such as franchising and licensing agreements, assignments, marketing rights, etc. We also provide services at the international level such as transfer of intellectual property rights from one country to another as well as in convention countries of the World Trade Organization under the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS). Protection of undisclosed and confidential information as well as traditional knowledge and its documentation is one more aspect where we provide legal guidance. We also look after the law pertaining to geographical indications and its repercussions on our Indian industry and the means to protect the same under the international scenario as well as its registration. We prosecute on behalf of and defend our clients’ intellectual property rights in India for the protection against piracy and infringement or breach of any agreement, make urgent court applications for injunction as well as search and seizure. Our non-contentious work includes registration of designs, patents, copyrights and trademarks and drafting and negotiation of documentation relating to intellectual property.
Information Technology, E-Banking And E-Commerce,
The firm advices and handling the issues / matters relating to internet and cyberspace, electronic banking, cross-border electronic commerce, security and encryption including digital signatures, trusted third parties, certification authorities and public key infrastructure, convergence technology, semi-conductors and hardware design, software services and private equity and venture capital investments in information technology enabled companies and information exchange in diverse fields like biotechnology, healthcare, pharmaceuticals, computers, telecommunications, banking, media – entertainment, on-line contracts and agreements with service providers, software license agreement, software development agreement, Website Transfer Agreement etc.
Municipal And Revenue Law
The firm advises on matter relating to Town Planning, Redevelopment, assessment of municipal taxes, Land under Construction Tax, Land being built upon, Sewerage Charges, Extra Water Charges, and all other related matters. Application for change of Mutation entry, 7/12 Extract, Property Register Card etc. We are successfully handling the disputes and litigations under the Municipal and Revenue Law in the state of Maharashtra.
Labour And Employment
The firm advises various organizations / companies as well as employees unions on the issues of labors and employment Including regulatory requirements and litigation relating to employment and employee unions.
Criminal Laws
The firm advises and practice in Criminal Law including economic offences under Indian Penal Code, Bombay Police Act, M. C. O. C. Act, M.P.I.D. Act, Cyber Crime / Law, Foreign Exchange Management Act (FEMA), Maharashtra Regional Town Planning Act, IPR, Negotiable Instrument Act and any other laws including application for bail, discharge of accused, making miscellaneous application, revision application, Criminal Writ Petitions.