A lawyer with over 25 years of experience in civil, criminal, banking, corporate and constitutional matters, MR M.L.Joseph has been an active litigator representing a multifarious clientele in courts and tribunals across the country. With his extensive knowledge of applicable laws, he addresses legal problems in a comprehensive manner involving elements of strategy formulation, preparation of legal documentation, and effective representations in court backed by a sense of preparedness and thorough research.
Adept at drafting agreements often involving complex issues with far-reaching implications, MR Joseph has consciously acquired a corporate and commercial laws expertise, which both complements, and draws insights from, his trial and appellate practice. His areas of specialization include drafting, vetting and finalizing of all types of documents defining legal relationships, rendering advisory opinions on a wide range of legal issues, corporate compliances and liaisoning with regulatory authorities.
Notwithstanding a robust career in contentious litigation, MR Joseph has successfully applied, and strongly encourages, alternative dispute redressal mechanisms like mediation, conciliation & arbitration to bring about amicable settlements between disputing parties.
Legal Strategy Planning
- Analyzing the pros and cons of alternative legal strategies and devising an appropriate strategy for each case to secure the best possible reliefs in the shortest time;
- Integrating legal strategy with business strategy by structuring business transactions/decisions from the legal standpoint;
- Utilising available resources for achieving best results.
itigation
- Drafting and pleading before various civil and criminal courts, consumer courts, specialized tribunals such as the Intellectual Property Appellate Tribunal, Debt recovery appellate tribunal,etc., ; Has appeared and conducted cases successfully before The High Courts of Delhi, Mumbai, Punjab and Haryana, Andhra Pradesh, Kerala, Karnataka and the Madras in matters involving high stakes.
- Appearing before the Debt recovery tribunal in matters relating to Banks and also debtors involving high stakes {i.e. Rs.100 Crores and more}
- Presenting the clients’ imminent needs at the stage of interim applications for obtaining injunctions and other interim orders.
- Assisting clients in identifying & rely upon evidences to suit and enhance their cases.
- Engaging and briefing Designated Senior Advocates in various High Courts of India and the Hon’ble Supreme Court of India.
Drafting & Vetting
- Drafting pre-litigation documents such as legal notices, reply notices, rejoinders etc, court documents such as plaints, written statements, counter affidavits, appeals and applications clearly depicting both the legal and factual positions;
- Issuing opinions on legal issues as requested by the various departments, organizations, corporates, individuals etc., from time to time;
- Drafting and vetting of agreements, deeds, and memoranda of understanding, undertakings and all other documents creating or regulating legal relationships.
Organisational Details
Since September 1995 handling litigation of all types in various High Courts in the country as Advocate:
Practised under a leading Senior Advocate at Bangalore for five years and headed the entire office which included 14 Junior advocates 3 para legal staff 3 stenographers and 4 Admin staff, before moving on to Surana and Surana International Attorneys, Chennai.
Since 20th Jan 2010, has founded his own Law firm by name Chennai Law Associates, at Old No.30, New No.4, II Floor, Errabalu Street, Chennai 600 001, and currently in a new state of art facility at Old No.48, New No.99, Armenian Street, IIIrd Floor, Chennai 600 001, heading a multi-faceted practice handling a wide range of legal assignments for both individuals and corporates.
Since Feb’2001upto Dec 2009, was working with Surana and Surana, Chennai initially as a Key Member of The Litigation Division & went on to Head the Division from 2004 onwards, he successfully handled various High Stake cases independently in varied branches of law across courts.
The Accountabilities
- Practising on the Original Side of the Madras High Court including New Suits, Applications for Interim Injunction, Attachment before Judgment, Prohibitory orders and all other interim applications.
- Handling Company Petitions for winding up and all other Company applications, Writ Petitions for various relief, Civil and Criminal revision Petitions, Quash Petitions of High Stake criminal cases including case against CBI. Criminal Appeals, Original Second appeals & Civil Miscellaneous Appeals arising out of Family Court Cases.
- Co-ordinating Intellectual Property Litigation: Obtaining Injunction on infringement of registered Trade Marks, Copyrights and passing of action, apart from pursuing criminal action against the infringing persons. Getting Advocate Commissioners appointed for obtaining relief by taking inventory and ensuring further infringement does not take place.
- Filing & defending independently Section 9 Applications under the Arbitration and Conciliation Act 1996 for interim relief, Section 11 Applications under Arbitration and Conciliation Act 1996 for appointment of Arbitrator, section 34 Petitions under the Arbitration Act for setting aside the Award.
Conferences, Allied Activities And International Assignments
- Regular speaker from 2003 onwards at the Tamil Nadu Judicial Academy for District Judges on various topics including “Cyber Crime Detection and Enforcement”, “Fraud Risk Management”, Criminal Procedure Code, Indian Evidence Act, Intellectual Property Rights and their enforcement etc.
- Faculty Member/speaker at the Institute of Chartered Accountants of India, Tamilnadu Police Academy, conferences of Chambers of Commerce and Bar Associations on diverse subjects.
- Presentation on “An Overview of Indian judicial System” for a delegation of German Judges who visited Chennai in 2006.
- Overseas Exposure: Travelled to the United States of America to discuss a case relating to the dishonour of cheques in New York; and also visited Detroit , Michigan for providing support to a Michigan Attorney (Post Conviction Specialist) in preparing & filing a Criminal Appeal in Detroit, Michigan State – USA in 2003, in a case that involved an Indian national.
Intellectual Property
- Handling IP litigations including patent cancellation, trademark infringement & passing off and copyright infringement cases
- Co-ordinating Intellectual Property Litigation
- Obtaining Injunction on infringement of registered Trade Marks
- Writ Petitions for various relief
- Getting Advocate Commissioners appointed for obtaining relief by taking inventory and ensuring further infringement does not take place.
- Trade Mark searches.
- Registration of Trade Mark.
- Handling Oppositions proceedings and cancellation proceedings.
- Watch and renewal – Trade Mark.
- Patent searches in all jurisdictions tent n.
- Patent Watch.
- Copyright and Design registrations and prosecution.
- Investigation and raid actions in cases of infringement and counterfeiting
- Intellectual property due diligence.
- Drafting and drawing the framework for Intellectual Property of companies.
- Strategizing and Management of all types of intellectual property.
- Training for Intellectual Property provided to in-house lawyers and brand protection managers of companies.
Corporate
- We provide practical consultation-based solutions and deliver services of high quality and consistent results.
- Enable timely legal solutions and assess cases efficiently and accurately, saving time and money.
- Handling cases before Company Law Board
- Handling Company Petitions for winding up and all other Company applications before the Hon’ble High Court.
- Day to day operational consultations as and when need arises in various aspects.
- HR related issues that require legal drafting, vetting and timely guidance.
- Also handles technology and know-how transfer, licensing and protection of confidential information in the PRC.
Alternate Dispute Resolution
Chennai Centre For Excellence In Arbitration – The Adr ( Alternative Dispute Resolution) Division Of Cla
- A specialisedcentre for Alternate Dispute Resolution with ARBITRATION as the main area of practice has been established under the Able Leadership of its Director – Mrs. Meera Gupta, who has more than 20 years of experience in the Bar and more than 15 years of experience in handling Alternate Dispute Resolution matters with superior skill and expertise.
- Advising on the applicability of Arbitration Clause in the contract.
- Conducting Arbitral Proceedings
- Filing & defending independently Section 9 Applications under the Arbitration and Conciliation Act 1996 for interim relief
- Section 11 Applications under Arbitration and Conciliation Act 1996 for appointment of Arbitrator
- Section 34 Petitions under the Arbitration Act for setting aside the Award.
