Managing Partner

M. L. Joseph

Managing Partner, Chennai Law Associates

Synopsis

A lawyer with over 30 years of experience in civil, criminal, banking, corporate and constitutional matters, 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, 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, Joseph has successfully applied, and strongly encourages, alternative dispute redressal mechanisms like mediation, conciliation & arbitration to bring about amicable settlements between disputing parties.

Areas of Expertise

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.

Litigation

  • 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 (Above Rs.1 crore).

  • 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 5th Jan 2010, has founded his own Law firm by name Chennai Law Associates, at Old No.48 New No.99, III Floor, Armenian Street, Chennai 600 001, and is currently heading a multi-faceted practice handling a wide range of legal assignments for both individuals and corporates.

  • Since Feb’2001, was working with Surana and Surana, Chennai as a Key Member of The Litigation Division & during this period, he successfully handled various High Stake cases independently in varied branches of law across courts.

The Accountabilities

  • Managing litigation on the Original Side, OSAs arising out of interim orders, all CPs, all SAs apart from all Writ Petitions, Writ Appeals, Criminal matters etc., in the High courts of Delhi, Mumbai, Punjab and Haryana, Kerala, Karnataka, Andhra Pradesh and Madras;

  • Handling High Stake Arbitrations independently;

  • Handling cheque dishonour cases under S. 138 of The Negotiable Instruments Act; One such case, which is an authority on the point of a single complaint being filed for several cheques which have been dishonoured, was reported in Current Tamilnadu Cases;

  • Handling several cases for various Banks and asset recovery companies in various Debt recovery tribunals including several appellate tribunals.

  • Handling IP litigations including patent cancellation, trademark infringement & passing off and copyright infringement cases; One such case which laid down the law on the subject was reported in the Company Cases 2006 in which the dismissal of a Quash Petition filed by the accused in respect of the criminal complaint for the offence punishable under section 63 of the Copyright Act, was obtained from the Hon’ble High Court of Madras.

  • Several cases reported in Law Journals until recently involving various interesting / complicated questions of Law.

    • Since September 1995 associated with various High Courts in South India 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

  • 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.

Para Legals:

  • Three male staffs designated as office assistants for Litigation and Real Estate has been duly appointed.

  • One Female staff to take care of office systems, filing procedure inside office and maintenance of records apart from handling visitors / walk in clients has taken charge.

Office Equipments:

  • A fully computerized state of art office with all modern facilities of a large size (5000 sq.ft) with a fully fledged Library, fully air conditioned conference halls and an inhouse Arbitration Centre have been established to render effective services to our clients.

Our Associate Advocates:

Tamil Nadu

  • Chennai: Chennai Law Associates
  • Madurai: Mr. Ananth C. Rajesh, Advocate
  • Coimbatore:
    • Mr. Malavan
    • Ms. Vanitha
    • Advocates
  • Tirunelveli: Thiru. Mangala S. Jawaharlal, Advocate
    Ex-Chairman of Bar Council, Tamil Nadu
  • Tirupur: Mr. Pillai, Advocate

New Delhi

  • Smt. Kiran Suri, Senior Advocate, Supreme Court of India
  • Mr. Parvesh Bhuttan, Advocate, Bhuttan Associates, New Delhi

Maharashtra

  • Mumbai (State Capital): Thiru. Mangal Chand Bhandari, Advocate

Karnataka

  • Bangalore (State Capital):
    • Thiru. Tomy Sebastian, Senior Advocate, Karnataka High Court
    • Mr. Rajendra Babu, Advocate

Andhra Pradesh

  • Hyderabad (State Capital): Mr. Premkumar Pothina, Advocate

Kerala

  • Cochin (High Court): Mr. T.K. Ibrahim, Advocate
  • Trivandrum (State Capital): Mr. Navin, Advocate
  • Calicut: Mr. Yusuf, Advocate

Note:

Please note that all entrustments to the Associate Advocates shall be done only by Chennai Law Associates directly. All briefs are to be handed over to our Chennai Office only.