Case Studies

Case Studies

Corporate Law

The assignment was at a company ABC that was engaged in the business of importing as well as supplying jewelry as wholesalers to the local market in Delhi. There were four directors in the company. One day the company decided to expand itself due to the growing competition. To achieve their expansion objective, they had taken a huge loan from a private bank.  They had spent all the loan money in expanding the business. Out of the four directors, one director Mr. X contacted a retailer of another jewelry company that was looking for a reliable supplier. But this man would not associate with the company ABC but ready to work with the director Mr. X. Mr. X did not want to miss the opportunity, and so he set up his own business and entered into a contract with the retailer without informing the other directors. After several months, Mr. X resigned from his directorial post as the company ABC became insolvent and failed to pay the interest on its loan. There were many cases and facets and breaches involved in this one case. Madhur Keswani & Associates were approached to deal with the corporate law case and finally, Keswani’s firm could get the company out of all troubles with minimal compensation.

 

Family Law

Mr. and Mrs. Gupta, the resident of Mumbai and both holding good positions in reputed organizations in India, were filing for separation last year. The cause of separation was completely personal and in fact, Mr.Gupta was involved in many fraudulent activities that his wife came to know about. She was quite adamant about her decision and she wanted to stay away from all the bad influences. At that time, Mr. Gupta was not willing to divorce his wife due to various reasons, one of which the fear of defamation. However, he tried proving all the faults of his wife and settling down the matter. Mrs. Gupta had hired Madhur Keswani for advising on the legal procedures. The case went on for almost a year, and finally, she could get the much-awaited divorce from her husband.

 

 

Real Estate Law

Zero Lot Line Disclosure

A zero lot line refers to the lot line for a structure that runs along the foundation of the structure, there is no set back from a separate property line.A real estate agent in Gurgaon represents the seller of a home. While reviewing the home with the seller, they discover that one of the neighbors’garages encroaches onto the seller’s property. Then the seller approaches the neighbor to tell that she wants to build a proper fence on the true property line. The neighbor then tells her that they have owned the property by adverse possession and will never consent for fencing. The seller gets a survey that shows the garage encroaching onto her property. The Realtor tells the seller to get a lot of line adjustment and assumes it has been done. The realtor includes a description of the zero lot line in the Multiple Listing Service listing. He also verbally tells the seller’s agent about the zero lot line but does not disclose it in the earnest money agreement. The Realtor never checked to see that the lot line adjustment had been done. The buyer purchases the seller’s home and finds out about the neighbor’s adverse possession claim and the encroaching garage. This led to a strong case with complexities. Madhur Keswani had handled the case with integrity and care. He could solve the case successfully after months of trial in court.

Intellectual Property Law

Last year in 2019, a signature brand of ladies’ hand-bag had lost an outrageous copyright infringement case in India against another popular high-end brand. The case was handled by Madhur Keswani who left no stone unturned to gather data, work on various facets of the case, and coming up with legal suggestions to his big client. Surprisingly, the court had ruled against such baseless claim of copyright breach, and stated that the products were adequately unique, thereby negating any copyright or trademark infringement by the client company. There were a lot of arguments that were carried on during the trials, and after several months of constant effort and progress, finally, the decision came in favor of the advocate’s client.