Litigation

litigation

Fireflies Legal LLP has a presence in the District and Session Courts of Mumbai, High Court of Mumbai, and various subordinate courts, NCLT, Tribunals, Forums, etc. Fireflies Legal LLP conducts Civil and Criminal litigation on behalf of its clients such as:
  • Section 138 Cheque Bouncing Cases
  • Original Suits
  • Appeals
  • Civil and Criminal revision petition
  • Company matters
  • Matrimonial matters
  • Consumer Matters
  • Property related litigation
  • Rental Cases
  • Money recovery matters
 

Arbitration

ARBITRATION

Fireflies Legal LLP represents all matters coming under the purview of Alternative Dispute Resolution including Arbitration:


  • Represent our Clients in Arbitration
  • Approach the court for obtaining interim orders which includes attachments, injunctions, seizures, garnishee orders etc. to secure the amount in dispute
  • Approach the Court for Appointment of Arbitrator/s
  • Challenge the validity of Arbitration
  • Challenge Arbitral Awards
  • Enforcement of Awards

MSME

MSME

There is no doubt that Delayed Payment has been and is the biggest problem majority of the business entities are facing and there are very less companies who pay to its vendors in time. This delay in payment to MSME creates a huge financial problem as due to this the money is stuck and the MSME business entities are not able to use the money for business growth and are stuck due to less finance and infact sometimes this money becomes claimable money and for this such business entities have to approach Court or Forum for recovery and this is where they have to approach Lawyers for recovery of money and in India to recover the money as such is big headache from legal point of view due to lengthy and more lengthy procedure and also a Litigation is a costly affair.


As per the published Annual Statement of MSME Body they have stated that “The Micro, Small and Medium Enterprises (MSME) sector has emerged as a highly vibrant and dynamic sector of the Indian economy over the last five decades. It contributes significantly in the economic and social development of the country by fostering entrepreneurship and generating largest employment opportunities at comparatively lower capital cost, next only to agriculture. MSMEs are complementary to large industries as ancillary units and this sector contributes significantly in the inclusive industrial development of the country. The MSMEs are widening their domain across sectors of the economy, producing diverse range of products and services to meet demands of domestic as well as global markets”.


There is no doubt of the relevance MSME business sectors are getting from the Government of India and infact many schemes and guidelines are being made to ensure a good future and success for MSME. It is very interesting to note that more than 38.95 lakh UAMs have been filed since September 2015 upto December 2017.


Benefit of MSME: Registration of an MSME is not legally mandatory but registering it will help you reap several benefits from the government including credit at low interest rate, incentives on products for exports, excise exemption, statutory aid such as reservations, and the interest on the payments delayed due to unavoidable Fees for MSME registration: There is no fee being charged for MSME Registration or popularly called as Udyog Aadhar Registration.


There are many benefits under MSME Act and infact getting business registered under MSME only plays an important part in availing the benefit of all the schemes under MSME Act. One of the most important and best advantages given to all MSME holders is the simplest process and procedure to recovery their pending dues from MSME Forum which is nothing but popularly called as Statutory Arbitration.


How MSME Registration helps in the Recovery of Dues?
There is a defined period for raising any dispute regarding goods or services under MSME rules from delivery and if there is no such raised dispute/s, then raising dispute at later stages is of no use and these reasons have been used by many in court matters in any monetary claim as defense and hence this benefit take away one of the major Defense of the proposed defaulter and secondly, the invoice payment has to be made within 45 days from the date of invoice except for any credit period mutually agreed between parties to the business. In case there is a default in making the payment, the following steps be followed:(The person who files the case is called Aggrieved Party/Claimant/s and against whom it is filed is called as Opposite Party/Respondent/s)
  • Issue MSME Civil Notice stating the provisions of MSME
  • In case of no payment, issue another Demand Notice
  • In case of no payment, then start drafting MSME Petition in the format as per MSME Act with the help of legal advisor and not else as a legal advisor is the best to understand the importance of drafting and its relevance at the time of argument. The process is that one has to submit the reference letter as per Form1 of said Act and rules and thereafter Petition and then Petition once accepted then will be forwarded to MSME Department for Conciliation/Arbitration and in the event, there is no response from defaulter, the Arbitration Proceedings will start to be held at MSME Office. As per MSME Act, all MSME proceedings shall be closed within 180 days and one of the prayers in MSME Petition shall always be claiming interest at the compound rate and other damages.
The biggest advantage of MSME Act is that MSME overrides the Contractual Arbitration clause between the Parties

Business and Commercial Agreements

Business and Commercial Agreements

FIREFLIES LEGAL LLP serves as your In-house Legal Advisor regardless of the type or size of your business. FIREFLIES LEGAL LLP are experienced in the drafting, review, and negotiation of the various types of contracts and the diverse business relationships encountered in your everyday business operations. FIREFLIES LEGAL LLP stay on top of the legal issues facing businesses so that we can help you innovate and refine our Clients business to better adapt to the fluctuations in this sophisticated and ever-changing commercial environment. FIREFLIES LEGAL LLP can help you to stay up-to-date on current trends in various areas of contract laws. The lawyers at FIREFLIES LEGAL LLP are well-versed in all aspects of business law contracts and the legal issues you encounter in daily business dealings:
  • Review and Drafting of all types of contracts
  • Employment and Labour Related Agreements
  • Non-Compete Agreements
  • Franchise Agreements
  • Indemnity Agreements
  • Waivers and releases
  • Independent Contractor Agreement
  • Sales Representative Agreements
  • Service Agreements
  • Lease Agreements
  • Sales Agreements
  • Licensing Agreements
  • Settlement Agreements
  • Confidentiality/Non-Disclosure agreements
  • Transactional documents of all types
  • Banking/Finance Related Agreements
  • Teaming Agreement
  • Strategic Alliance Partnership Agreement
  • Insurance Third Party Related Agreements
  • Information Technology Related Agreements (ex., Master Service Agreement,
  • Server, SAP, etc)
  • Printing Materials Agreement
  • Space Usage Agreement
  • Brand Usage Agreement
  • Buy-Sell Agreements
  • Commercial Leases
  • Disputes Between Owners
  • General Counsel Services
  • Property Related Contracts
  • Drafting And Negotiating Employment Agreements
  • Preparing HR-related Internal Bye-Laws and Policies
  • advising clients on contentious matters
  • advising clients on employee-related data protection issues
  • assisting clients in employee transfers and employment succession issues assisting clients in relation to termination of employment contracts and mass redundancies
  • License Agreements/Advice;
  • Company/Business start-ups;
  • Franchise Agreements/Business Partner Agreements;
  • Joint ventures;
  • Partnership & Limited Liability Partnership agreements;
  • Business Terms Sheet
  • Agency & Distribution Agreements;
  • Non Disclosure and Non Compete Agreements
 

Trademark Services

trademark services

Intellectual Property is an important asset that preserves the clients’ corporate and product brand and identity, a Trademark must be intelligently created, meticulously protected and carefully maintained and in fact it is an on-going challenge in today competitive market
  • Trademark Searches (National & International)
  • Liaison with the office of the Trademark (National & International – Through our Associates)
  • Trademark Registration, Infringement Analysis/ Opinion
  • Status of Registration/ Scope of protection
  • Preparing, Filing, and Prosecuting of Trademark Applications (India/ International)
  • Replying to the various queries
  • Trademark Watch & Litigation
  • Management of all renewals Formalities
  • Management of ownership updates required at the time of renewal
  • Tracking and reporting of key renewals events
  • Ability for you to track online status of renewals
  • Management of official receipts and renewal certificates
  • Trademark Opposition, Rectification, Removal Action of Infringement & Passing Off Assignment, Licenses and Transmission, Drafting Deed Form, Consequent Registration of Assignment
  • Keeping clients update on similar mark published in gazette
  • Drafting of Agreement relating to Trademark
  • Providing status of pending marks daily along with intimation of examination reports as soon as are uploaded on registry website.
  • Monthly class wise filing of marks.
  • Monthly new filling of any particular proprietor
  • Yearly renewal list of marks due for renewal
  • Litigation of Trademark matters, Opposition, Infringement, Enforcement

Copyright Services

COPYRIGHT SERVICES

Copyright is a legal concept and instruments which, while respecting and protecting the rights of creators in their works, also contribute to the cultural and economic development of nations. Copyright law fulfils a decisive role in articulating the contributions and rights of the different stakeholders taking part in the cultural industries and the relation between them and the public.

 

Copyright gives the creators of a wide range of material, such as literature, art, music, sound recordings, films and broadcasts, economic rights enabling them to control use of their material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line. It also gives moral rights to be identified as the creator of certain kinds of material and to object to its distortion or its mutilation. Copyright protection is automatic as soon as there is a record in any form of the material that has been created. Under the Indian Copyright Act there is a provision to register copyright although this is voluntary.

 
  • Liaison with the office of the Copyright
  • Copyright Registration, Infringement Analysis/ Opinion
  • Status of Registration/ Scope of protection
  • Preparing, Filing, and Prosecuting of Copyright Applications
  • Replying to the various queries;
  • Copyright Watch & Litigation
  • Copyright Rectification, Removal
  • Action of Infringement & Passing Off
  • Assignment, Licenses and Transmission, Drafting Deed Form, Consequent Registration of Assignment
  • Keeping clients update on similar mark published in gazette;
  • Drafting of Agreement relating to Copyright
  • Copyright Portfolio Management and maintenance
  • Software Programs Copyright
  • Drafting Deeds for Transfer of Copyright and Royalty, etc.
  • Litigation of Copyright matters, Opposition, Infringement, Enforcement

Patent Services

PATENT SERVICES

 
  • Patent Drafting
  • End-to-End Drafting of Patent Applications [Provisional/ Complete]
  • Interacting with inventor(s);
  • Drafting complete specification and claims per the requirements
  • Patent Search
  • Prior Art search and Novelty Search
  • Patentability Assessment
  • Freedom to Operate (FTO) Search
  • Analysis and Opinion
  • Filing & Prosecuting of Patent Applications
  • PCT Applications / PCT National Phase Applications
  • Litigation of Patent matters, Opposition, Infringement, Enforcement
 

Consumer and Insurance Matters

Consumer and Insurance Matters

Fireflies Legal LLP advises and provides services in all the fields for the protection of rights of the consumers and product liabilities to consumers, as well as to the manufacturers and suppliers of product and service. We also actively promotes consumer awareness by way of providing legal consultation.  
  • Drafting, Filing and Defending all kinds of Consumer Court Cases including District, State and National
  • Legal advice on all Consumer Matters.
  • Unfair trade practice matters and Competition Laws
  • Legal documentation related to Consumer Laws
  • Providing Opinion on Insurance Products for Insurance Companies
  • Appearing for Insurance Companies before Consumer Forums and Courts
 

Family Laws

Family Laws

Family law is a practice area concerned with legal issues involving family relationships, such as adoption, divorce, and child custody. Attorneys practicing family law typically handle divorce, child custody, child support, and other related legal matters. There are five broad sets of family laws in India – Hindu law, which governs all Hindus as also Buddhists, Jains and Sikhs; Muslim law for the Muslims; Christian law for the Christians; Parsi law for the Parsi’s and a secular law i.e. the Special Marriage Act. The religion-based laws are derived from religious texts. We have been handling various confidential matters in Family laws since good years.

 

RERA

RERA

No matter what your interest in Real Estate – as investor, financier, owner, occupier or developer – you strive for the maximum return on your investment with minimum exposure to risk. The Fireflies Legal LLP primarily provide services pertaining to real estate such as drafting, reviewing & negotiating various property documents for Sale, Mortgage, Agency, Leave and Licence/Lease, Property Joint Ventures, Property Development Transferable Rights, Contractor arrangements, Title search of the property (through our clerk/associates) and Registration of the property documents (through our clerk/associates)

RERA is changing the way Real Estate market is being run and in this fast changing market, it is always better to be update on the RERA aspects as to how it may come as a savior to your problems and we at Fireflies Legal LLP keep you updated on how to use RERA for your benefits and at same time to ensure not falling contravening the provisions of RERA. We take care of RERA documentation, RERA appearance before Tribunal.