Question 1

What legal documents does a company need when raising investment?

Accepted Answer

The core legal documents for an equity investment are: (1) Shareholders Agreement (SHA) — rights and obligations of all shareholders, including investor protections; (2) Share Subscription and Purchase Agreement (SSPA) — terms of the investment, representations & warranties; (3) Board resolution — authorising the share allotment; (4) Amended Articles of Association — reflecting new investor rights. JCA drafts and reviews all of these.

Question 2

What is a title due diligence for property?

Accepted Answer

Title due diligence verifies that the seller has clear, marketable title to the property and that there are no encumbrances (mortgages, litigation, attachments) that would affect the buyer's ownership. JCA reviews the registered sale deed chain, encumbrance certificate (EC) for 30 years, patta and chitta, approved building plan, RERA registration, and any pending court orders. Title DD is essential before purchasing any immovable property in India.

Question 3

What is the difference between arbitration and court litigation?

Accepted Answer

Arbitration is a private dispute resolution process agreed in advance by the parties (via an arbitration clause in their contract). An arbitrator (or panel) hears the dispute and issues a binding award. It is generally faster (12–18 months) and more confidential than court litigation. Court litigation follows the Civil Procedure Code and can take 3–10 years. JCA advises on whether arbitration or litigation is the better strategy given the facts, the contract, and the counterparty.

Question 4

What is DRT (Debt Recovery Tribunal) and when is it used?

Accepted Answer

The Debt Recovery Tribunal (DRT) is a specialised court that handles applications for recovery of debts due to banks and financial institutions. If a bank or NBFC has lent money and the borrower has defaulted, the lender can file an Original Application (OA) before the DRT for expedited recovery — without going through the regular civil court process. Borrowers can also file counter applications before the DRT if they dispute the bank's claim. JCA represents both lenders and borrowers in DRT proceedings.

Question 5

What is NCLT and what matters does it handle?

Accepted Answer

The National Company Law Tribunal (NCLT) handles company law matters including: (1) Insolvency resolution proceedings under the IBC (CIRP); (2) Corporate mergers and amalgamations under Section 230-232 of the Companies Act; (3) Oppression and mismanagement petitions; (4) Winding up petitions; (5) Company law compliance defaults. JCA advises companies, creditors, and resolution professionals in NCLT proceedings.

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