Dispute Resolution – Litigation & Arbitration
The Only Firm in India to have an exhaustive practice across all areas of dispute resolution starting from traditional litigation between individuals, estates and property, corporate litigation, regulatory practice, constitutional law, white collar crimes and competition law.
Our Dispute Resolution Practices, being one of the largest in India, with over two decades of experience, helps our clients effectively manage their businesses through strategic risk management advice and mitigating risk at the outset.
The team represents individuals and companies in the biggest graft prosecutions in India and boasts of handling white-collar prosecutions which are on a rise in India. The Firm provides specialized advisory and represents parties in high-stake commercial and civil disputes, Alternative Dispute Resolution (ADR), and international commercial and domestic arbitrations.
The Firm has been at the forefront of major legal developments in India and was the first-ever Law Firm to obtain a stay of Arbitration under the ICC Rules at Singapore between two foreign parties by the Division Bench of Hon’ble High Court at Mumbai.
Our Partners:
New Delhi
Aakarshan Sahay
New Delhi
OVERVIEW
Aakarshan Sahay graduated from Government Law College (GLC), Mumbai University, Mumbai in 2012 and began his career in litigation with Karanjawala & Co.
Aakarshan joined Luthra and Luthra Law Offices India in August, 2018 as a Senior Associate and was elevated to Partner Designate in November, 2020. Since joining Luthra and Luthra Law Offices India, Aakarshan has been extensively and actively involved in significant matters relating to Insolvency and Bankruptcy Code and regularly appears before various NCLT’s, NCLAT and the Hon’ble Supreme Court. He has ably advised and represented Resolution Professionals, Resolution Applicants as well as the Committee of Creditors (CoC) in numerous Corporate Insolvency Resolution Process.
Given his diverse and rich litigation experience, spanning well over a decade and dealing with wide a multitude of laws, Mr. Sahay brings to the table his comprehensive set of skills and insightful appreciation of complex legal issues. The same are truly valued by the Clients and make him and the Firm a first choice for public sector undertakings and other public and private sector undertakings for pursuing litigation and obtaining opinions, particularly in the fields of arbitration, civil litigation and insolvency resolution.
Aakarshan Sahay has also been recognized in the Forbes Power List 2021 as ‘Best Individual Lawyers’ with experience under 10 years in the field of Insolvency & Bankruptcy.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Shree Maheshwar Hydel Power Corporation Limited
Representing: Mr. Vijender Sharma, Resolution Professional
Total Debt: INR 12,000 crore (approx) - Standard Chartered Bank vs. Ruchi Soya Industries
Represented: CoC
Total Debt: INR 12,000 crore (approx) - EPC Constructions India Limited (“EPCIL”)
Represented: Mr. Abhijit Guhathakurta, Resolution Professional
Total Debt: INR 9,000 crore (approx) - Vardhman Industries Limited
Represented: JSW Steel Limited, Successful Resolution Applicant Resolution Plan - Crest Steel & Power Pvt. Ltd.
Representing: Resolution Professional
[Total Debt: INR 3651 crore (approx); Represented before: NCLT, Cuttack]
New Delhi
Abhimanyu Kampani
New Delhi
OVERVIEW
With over 11 years of experience, Abhimanyu is a Partner at the Firm’s Litigation practice. He has represented clients in complex litigation matters and handled high-valued matters before various judicial authorities of the country.
Prior to joining Luthra and Luthra Law offices India, Abhimanyu, co-founded Rajiv Mohan Law Offices, which initially specialized in Chamber practice, and has today become a premier practice specialising in criminal trial, advisory and economic offences. He mentored over 25 people in learning the nuances of criminal trial spread across the District Courts and Hon’ble High Court of Delhi.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Directorate of Enforcement v. Robert Vadra: Assisting in the course of investigation and litigation strategy on behalf of one of the accused.
- Directorate of Enforcement v. RK Garg: Representing on behalf of two of the contractors alleged to have bribed the Chief Engineer of the Military Engineering Services Mr. RK Garg. Successfully secured an order tendering pardon to the two contractors in lieu of a true and full disclosure of facts within their knowledge.
- CBI v. M/s Jharkhand Ispat Private Limited: Representing the company and its Directors in the first ‘Coal Scam’ chargesheet filed by the Central Bureau of Investigations (CBI).
- Directorate of Enforcement v. M/s Jharkhand Ispat Private Limited: Assisting and representing the client in relation to attachment proceedings initiated by the Enforcement Directorate (ED).
- Maran Brothers: Representing an accused in the ongoing investigations by the CBI and the ED pertaining to grant of licences and allocation of spectrum during the tenure of Mr. Dayanidhi Maran, former Minister of Communications and Information Technology and the investment made by a Malaysian company.
New Delhi
Abhishek Ghai
New Delhi
OVERVIEW
Abhishek, a Bachelor of Laws (LL.B.) Honors from University Institute of Laws, Panjab University, Chandigarh, completed his law degree in 2012 and has been practicing as a litigator before various forays including Supreme Court of India, Delhi High Court, National Company Law Tribunal and Trial Courts.
He has represented the Central Government for nearly three years in high value matters including sensitive white-collar crime, policy, treaty investment and enforcement matters. He is well versed with the Civil, Commercial, Corporate as well as Criminal Laws of India. His main areas of practice are Arbitration (Domestic & International), Criminal Law, Commercial laws, Indirect Taxation, Foreign Trade Policy Matters, Constitutional law, Company Laws, Intellectual Property Laws, Corporate Law, Banking and Finance, Land & Property laws, Labor laws, Cyber laws & E-commerce, Consumer Laws & Anti-Competitive law to name a few.
He has successfully represented major international and national clients (including the Government) in the areas of commercial law, indirect taxation, foreign trade, bilateral treaty investment and commercial arbitrations, multi-jurisdictional shareholders disputes, custom matters, infrastructure development laws, intellectual property, labor and employment litigation.
He also has experience in international cross border transactions, taxation, legal due diligence, joint ventures, shareholders’ issues, company formation and maintenance, establishment of subsidiaries, leasing and structuring, real estate, property conveyancing and foreign trade. He has represented and advised the Government on various legal issues and litigation concerning the Foreign Trade Policy, Goods and Service Tax, Tender Matters, Custom Matters, Prevention of Money Laundering, Company Law, Foreign Exchange Management, Service law and Constitutional matters.
SELECT REPRESENTATIVE CLIENTS/MATTERS
Abhishek’s representative matters’ experience is set out below:
- Energy Arbitration: Advising and assisting India’s state-owned gas enterprise in a US$4 billion international energy arbitration arising on account of Russian Sanctions.
- Investor’s Dispute: Advising and representing a global technology public company in its disputes enumerating out of its investment in a tech start-up.
- Infrastructure | Hydropower Sector: Representing India’s largest hydropower development organization in its arbitral disputes arising out of its hydropower projects.
- Ad-hoc | Oil Sector: Representing a market leading innovative gas solutions and technologies company in its dispute with an Indian central public sector undertaking under the ownership of the Ministry of Petroleum and Natural Gas, Government of India.
- LCIA arbitrations between PE Investor and Promoter: Abhishek has handled two multi-million-dollar international arbitrations, seated in Geneva, administered by the London Court of International Arbitration, arising out of a dispute between a Private Equity (“PE”) Investor and majority shareholder/promoter (in the FMCG space). Abhishek along with his team represented and advised the Client before the LCIA tribunals as well as various allied litigations spread across the globe, including England, Mauritius, Cayman Islands, Luxembourg, Dubai, and India. The matters involved complicated legal questions relating to enforceability of ‘drag along’ clauses, implied obligations of good faith, value destruction, non-compete obligations, directors’ fiduciary responsibilities and involves strategy with respect to complex decisions of corporate governance, shareholders’ obligations, and company laws, cutting across various legal systems.
- Panama and Pandora leaks: Abhishek has advised and successfully represented individuals, whose names have appeared in Panama and Pandora papers, in the criminal prosecution initiated by the Income Tax department.
New Delhi
Aditya Vikram
New Delhi
OVERVIEW
Aditya has been a part of the dispute resolution practice of the firm for over eight years during which time he has been involved in advising and representing clients in various arbitrations and litigations across a variety of forums. He has experience in servicing pre-eminent start-ups and multinational corporations, particularly in the ride-hailing, social networking, automobile, infrastructure and the energy industry, amongst others, on substantive laws, regulatory compliances and different facets of dispute resolution, notably, domestic and international arbitrations under the widely accepted rules of arbitration and procedures.
SELECT REPRESENTATIVE CLIENTS/MATTERS
A few of the key assignments in his experience of over a decade in the practice of dispute resolution and advisory, include:
- Represented the erstwhile promoters of an Indian airline carrier in their dispute with the airline and its current chairman, arising out of a share sale and purchase agreement, in an ad-hoc domestic arbitration seated in India.
- Represented a leading manufacturer of automobiles in a dispute with its dealers in a domestic arbitration seated in India before the Arbitration & Conciliation Centre (Domestic & International), Bengaluru.
- Represented a domestic ride-hailing start-up in constitutional challenges to the regulatory frameworks brought into effect by the State Governments under the Motor Vehicles Act, 1988 before various High Courts across India.
- Represented a public-sector undertaking in an international commercial arbitration under the LCIA Rules seated in London, England.
New Delhi
Amrita Tonk
New Delhi
OVERVIEW
Amrita graduated in 2010 and joined Luthra and Luthra Law Offices India (formerly L&L Partners Law Offices) as an Associate with the Real Estate Team. Thereafter, she shifted to a secondment position at Accenture wherein she closely worked with the legal team from March 2012 to March 2013. In 2013, Amrita secured the 7th rank in the prestigious Delhi Judicial Services Examination and served as a Metropolitan Magistrate in Delhi. During the course of her tenure in the Judicial Service, she presided over criminal courts in Patiala House and Tis Hazari Courts. She resigned from the Delhi Judicial Service in January 2018 and focused on her independent practice. In 2021, she was offered a position as a Partner in the Disputes Resolution Team at Luthra and Luthra Law Offices India.
As a Partner, Amrita is primarily involved in advising and representing clients in disputes pertaining to Insolvency & Bankruptcy Code, Arbitration, Suits for Recovery, Property Disputes, Consumer Laws, matters related to Negotiable Instruments, matters related to Intellectual Property, matters under Writ/Public Interest Litigation, White Collar Crimes including Corporate frauds, Offences under the Indian Penal Code and anticipatory and regular bail applications.
Ms. Tonk has previously been part of the Delhi Judicial Services wherein she has presided over trial courts in Patiala House Court and Tis Hazari Court. During the course of her tenure in the Delhi Judicial Service, she has dealt with offences against women and children, and has extensive experience in recording their statements under the relevant provisions of the Code of Criminal Procedure. She has also attended workshops on Making Courtroom Practices Responsive towards Victims of Sexual Offences and Sensitisation Programme on Women and Child Rights and their Enforcement organised by the Delhi Judicial Academy, and has been a member of the Vulnerable Witnesses Protection Committee at the Patiala House Court. Her experience as a Trial Court Judge is an asset in ensuring due compliance with applicable principles of natural law and due process. Further, Ms. Tonk has also done her LLM wherein she had submitted her Dissertation on the topic “An Analysis of the Law relating to the Sexual Harassment at the Workplace”.
Ms. Tonk was featured in the special edition of the Insights Success Magazine on “Outstanding Women Lawyers 2022”. Ms. Tonk has been a panelist for discussion on “Representation of Women in Law and ADR” organized by WICCI, and an Expert Guest for the discussion on “Multi-Tier Arbitration Clauses” organized by Jindal Global Law School.
Ms. Tonk has also co-authored “Know your Legal Rights- A Handbook for Women” published by the CII-Indian Women Network in the year 2021
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Represented the Promoters of a leading bicycle manufacturing company in an oppression and mismanagement petition before the National Company Law Appellate Tribunal (NCLAT) and the National Company Law Tribunal (NCLT).
- Representing a leading hydro power PSU in an arbitration pertaining to claims amounting to over INR 350 crore.
- Representing a client before the Hon’ble High Court of Delhi in a first of its kind dispute pertaining to the issue of bio similarity in the medical field.
- Representing a developer in an ongoing arbitration. The parties to the dispute are in the business of construction and development of real estate. The arbitration involves a claim from a leading real estate developer for an amount of over INR 500 crore. The team is representing one of the proposed Respondents in the matter and is dealing with the question of composite performance and lifting of the corporate veil in case of group companies.
- Defending an SLP on behalf of a leading real estate developer before the Hon’ble Supreme Court.
New Delhi
Ankit Jain
New Delhi
OVERVIEW
Ankit is a Partner Designate at Luthra and Luthra Law Offices India and is a part of the firm’s dispute practice.
He has been a trusted adviser to a diverse range of clients from multinational corporations, public sector undertakings, and large Indian corporates to startups. Ankit is a versatile litigator who has regularly represented clients across different courts, tribunals, and in international and domestic arbitrations.
His principal areas of practice include commercial arbitration, corporate commercial disputes, and banking & insolvency litigation.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Schlumberger: Acted for the company in an international commercial arbitration for its Lost-in-hole claims exceeding USD 800,000 arising under a contract for directional drilling and allied services in the states of Assam and Arunachal Pradesh.
- PSI InControl Sdn Bhd: Successfully represented the company in an international commercial arbitration for its claims under a contract pertaining to supply of services and equipment for the Mumbai Monorail Project, including proceedings for appointment of arbitrator before the Supreme Court and Section 29A proceedings under the 1996 Act before the Bombay High Court.
- American Tower Corporation: Acted for the ATC in arbitration proceedings, as well as in Section 9 proceedings for interim relief and Section 11 proceedings for appointment of arbitrator before the Hon’ble Delhi High Court, in respect of its claims against Reliance Communications and Sistema Shyam exceeding 1000 Crores arising out of Master Services Agreements for providing passive telecom infrastructure services.
- KEC International: Acting for the company in ongoing arbitration proceedings arising out of an EPC contract for development of solar power project.
- Evergreen Power Mauritius Private Limited: Acted for and advised the company in SIAC arbitration proceedings arising out of SHA and SPAs executed with a renewable energy major for joint development of renewable energy projects in India.
New Delhi
Astha Ojha
New Delhi
OVERVIEW
Astha is a Partner with the Disputes Resolution Team of the Firm. She specializes in Environmental Matters Civil and Criminal Litigation, Arbitration, Insolvency Matters, Labour and Employment Related Disputes and Consumer Disputes.
SELECT REPRESENTATIVE CLIENTS/MATTERS
Certain major transactions handled by Astha are:
- Godrej Properties Ltd.- Advising and appearing for Godrej Properties Ltd. before the Hon’ble Supreme Court with respect to an ongoing environmental matter.
- PNB Housing Finance Ltd.- Appearing for PNB Housing Finance Ltd. before the Hon’ble Supreme Court in the issue concerning the constitutional validity of Part III of IBC.
- Godrej Properties- Represented Godrej properties before the Ld. NGT Principal Bench, New Delhi as well as NGT Chennai.
- Hero- Represented Hero in another SLP filed by one of its Corporate Debtor against the action taken by Hero first under Arbitration Act and thereafter against the IBC. The Hon’ble Supreme Court vide its judgment dated 03.10.2017, held that a reading of Section 14 along with Section 238 of IBC clearly stipulates that there is no bar in invoking the provisions of Arbitration Act, and dismissed the SLP preferred by the Corporate Debtor.
- Krishidhan Seeds Ltd- Advised and represented Krishidhan Seeds Ltd. in insurance related dispute against Oriental Insurance Company before National Consumer Commission, New Delhi. Also advised Krishidhan Seeds Ltd. in Arbitration related to family dispute.
New Delhi
Divij Kumar
New Delhi
OVERVIEW
Divij graduated in 2010 and worked as a corporate and transaction lawyer at PSA Legal till 2013. Thereafter, he shifted to litigation and disputes resolution wherein he worked with Mr. Sudhir K. Makkar, Senior Advocate from May 2013 to December 2014. Subsequently, he worked as a junior to Mr. Krishnedu K. Datta till end of 2015. In 2016 he focused on his independent practice. In 2017 he was offered a position as a Managing Associate in the disputes resolution team of Luthra and Luthra Law Offices India (formerly L&L Partners Law Offices) and in 2019 he was made a Partner in the Disputes Resolution team at the New Delhi office of the firm.
As a Partner, Divij has advised and represented numerous clients in disputes pertaining to Arbitration & Conciliation Act, Writs/Public Interest Litigation, Insolvency & Bankruptcy Code, Recovery of Debts due to Financial Institutions Act, SARFAESI Act, Sick Industrial (special provisions) Act, Winding up, Oppression and Mismanagement, contractual disputes, Suits for Recovery, Property Disputes, Consumer Laws, matters related to Negotiable Instruments and Banking Laws, matters under labour disputes. Divij has extensive experience in conducting trial in civil proceedings. He has also represented the three DISCOMS in Delhi at the High Court at Delhi, as well as before the DERC, APTEL and CGRF.
Divij has been recognized as one of the ‘Top Individual Lawyers’ in India for Insolvency & Bankruptcy and Arbitration, in the Forbes LegalPowerlist.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- IBC v. Arbitration & Conciliation Act: Represented a leading Non-Banking Financial Company (NBFC) before the Hon’ble Supreme Court of India in a Special Leave Petition (SLP) filed by a Corporate Debtor, wherein the Corporate Debtor raised a question as to whether proceedings under the Arbitration and Conciliation Act, 1996 and Insolvency & Bankruptcy Code, 2016 (IBC) can take place simultaneously. The Hon’ble Supreme Court dismissed the SLP and held that a joint reading of Section 14 and Section 238 of the IBC does not stipulate any bar in invoking provisions of the Arbitration Act simultaneously.
- SARFAESI v. Arbitration & Conciliation Act: Divij and team represented a leading NBFC before the Hon’ble Supreme Court of India in a SLP filed by a Borrower, wherein the questions raised were whether arbitration and SARFAESI proceedings can proceed simultaneously and whether SARFAESI Act has retrospective effect. The SLP was dismissed vide a landmark judgment titled M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (CIVIL APPEAL NO. 15147 OF 2017).
- Arbitration: Divij and his team are currently advising and representing one of the major construction company in the country in a construction dispute with its Joint-Venture partner. The value of the dispute is INR 200 Crores.
- Approval of Resolution Plan-NHPC Ltd.- One of the first for a Public Sector Undertaking: Divij and team represented NHPC Ltd. in the successfully approval of its resolution plan for taking over of Lanco Teesta Hydro Power Limited through Insolvency & Bankruptcy Code. This was the first time that a state-owned company bagged a project under the IBC.
- Blacklisting and tender matter: Divij successfully represented a leading advertisement company wherein the said company invoked the writ jurisdiction of the Hon’ble High Court of Delhi challenging a notice from BSNL, blacklisting the advertising company. Divij successfully argued that the notice of blacklisting was in violation of the Doctrine of Natural Justice, especially when the notice was silent on (a) the breach of the GCC and (b) the repercussions of not replying to the showcause notice.
New Delhi
Faisal Sherwani
New Delhi
OVERVIEW
Faisal Sherwani is a Partner in the Dispute Resolution practice at Luthra and Luthra Law Offices India and is an Advocate-on-Record at the Supreme Court of India.
Faisal graduated from the Faculty of Law, AMU as second in his class. He went on to gain his master’s degree i.e. LL.M from the George Washington University Law School, Washington, DC, which he attended on a law school merit scholarship.
With an experience of over a decade in the field of dispute resolution and dispute advisory services, he has a deep understanding of procedural and substantive issues of law and is regularly consulted on such issues. He regularly practices before the Hon’ble Supreme Court of India as well as the Hon’ble High Courts at Delhi, Bombay, Karnataka, Telangana, Allahabad and Madras as also the NCLT and NCLAT. He has a host of reported Judgments to his credit.
Corporates have acknowledged that his true strength lies in his one-stop-shop ability to advise on complex and diverse disciplines of law. Also, that he provides solid, workable and business friendly solutions. As such, he advises and acts for clients on a range of subjects such as constitutional law aspects, government contracts and levies, arbitration laws, corporate, commercial and insolvency laws, transport and motor vehicles laws, technology and gaming laws, labour legislations, white-collar crimes and penal laws. Also, he is frequently engaged to advise in criminal investigations by clients.
Faisal has considerable experience in both domestic and foreign seated arbitrations. He is currently handling a number of complex arbitrations. His stronghold on the rules of evidence, civil procedure is widely acknowledged and the same has afforded him valuable in-sight into the functioning of the alternate dispute resolution system in the country and across foreign jurisdictions. Over the years he has been engaged in various arbitrations thereby garnering significant skill and understanding of arbitral proceedings.
Having focused strongly on the practice of writs, he also understands government work, issues of states-craft and has the acquired skill of the seasoned counsel to pick up on instances of executive and administrative excess. This has proved immensely important in a time when the private client is genuinely anxious to understand fast-changing executive orders and regulations. For the same reasons, his counsel is often sought on issues of statutory interpretation.
He employs the approach of a tactician to issues of law and regulation. Already, he has emerged as a coveted legal advisor and strategist in the start-up circles of India, having successfully advised and assisted a number of niche industries and young businesses such as transport aggregators, start-ups in the agri-produce market, the gaming industry, the technology sector, as also the cash and carry sector among others.
Faisal is also a sought-after columnist and speaker. His work runs the gamut from law, history, and satire. His style is one which grapples with the realities and ideals of a modern India. He regularly engages on issues related to law, polity and other socio-economic subjects.
Faisal has been recognized and featured in India Business Law Journal’s list of ‘India’s Future Legal Leaders, 2021’, as a 'Top Individual Lawyer' for Litigation in the Legal Powerlist 2021 by Forbes India and elite list of ‘40 under 40’ – India’s top lawyers and legal influencers, 2020 by BW Legal World.
New Delhi
Nakul Sachdeva
New Delhi
OVERVIEW
Nakul Sachdeva began his career in litigation in the chambers of Mr. Amarjit Singh Chandhiok, the then, Additional Solicitor General of India and subsequently joined Karanjawala & Co.
Nakul joined Luthra and Luthra Law Offices India in July, 2018 as Partner Designate and was elevated to a Partner in November, 2019. Since joining Luthra and Luthra Law Offices India, Nakul has been extensively and actively involved in significant matters relating to the Arbitration Act as well as the Insolvency and Bankruptcy Code and regularly appears before various NCLT’s, NCLAT and the Hon’ble Supreme Court.
He has ably advised and represented Resolution Professionals, Resolution Applicants as well as the CoC in numerous Corporate Insolvency Resolution Process. Given his diverse and rich litigation experience, spanning well over a decade and dealing with wide a multitude of laws, Mr. Sachdeva brings to the table his comprehensive set of skills and insightful appreciation of complex legal issues. The same are truly valued by the Clients and make him and the Firm a first choice for public sector undertakings and other public and private sector undertakings for pursuing litigation and obtaining opinions, particularly in the fields of arbitration, civil litigation and insolvency resolution.
Nakul Sachdeva has been recognized in the Forbes Power List 2020 as ‘Best Individual Lawyers’ with experience above 10 years in the field of Insolvency & Bankruptcy and Arbitration.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Binani Industries Limited vs. Bank Of Baroda and Ors.: Represented Mr. Vijay Kumar Iyer, Resolution Professional
Total Debt: INR 6,500 crore (approx) - Standard Chartered Bank vs. Ruchi Soya Industries: Represented Committee of Creditors (“CoC”)
Total Debt: INR 12,000 crore (approx) - EPC Constructions India Limited (“EPCIL”): Represented Mr. Abhijit Guhathakurta, Resolution Professional
Total Debt: INR 9,000 crore (approx) - Nakul has extensively advised and represented NHPC in numerous Arbitration related matters. As on date NHPC Limited is the largest organisation for hydropower development in India, with capabilities to undertake all the activities from conceptualization to commissioning in relation to setting up of hydro projects.
- NHPC has a project known as Parbati Hydroelectric Project (Stage-II) which is a run-of-the-river scheme proposed to harness hydro potential of the lower reaches of the river Parbati. Nakul alongwith his team has been advising and appearing for NHPC in all Arbitration Proceedings relating to the said Project.
- NHPC has another project known as Subansiri Lower HE Project. The said project is the biggest hydroelectric project undertaken in India so far and is a run of river scheme on river Subansiri. The Project is located near North Lakhimpur on the border of Arunachal Pradesh and Assam. Nakul alongwith his team has been advising and appearing for NHPC in the Arbitration Proceedings relating to the said project.
- In addition to the above, Nakul also assisted and advised NHPC in conducting a study of numerous Arbitral Awards against NHPC and provided suggestion/recommendations as to how Arbitral Proceedings are to be conducted in an efficient, cost effective and timely manner.
New Delhi
Ritu Bhalla
New Delhi
OVERVIEW
Ritu Bhalla is a Partner in the Dispute Resolution practice of the Firm. In her career spanning over 3 decades, she has gained extensive experience in corporate commercial disputes, arbitration matters and specialises in litigation and dispute resolution in areas such as banking & finance, insolvency, regulatory, infrastructure, administrative, white-collar, etc.
She has represented both Indian and multinational clients in various fora including Supreme Court, High Courts, NCLAT, NCLT, DRAT, DRT, quasi-judicial tribunals, domestic and international commercial arbitrations, and has also led teams in undertaking investigations and legal forensic assignments.
She has handled high stake matters including pioneer cases of & mismanagement. She has represented clients in several commercial arbitration matters and has successfully obtained favourable awards for her clients. Ritu has also advised clients on critical litigation strategies.
Ritu has been ranked Band 2 for Dispute Resolution by Chambers Asia Pacific, from 2014-2021 and 2023 and by Chambers and Partners Global, for seven successive years 2014 -2021. Ritu has been ranked as “Distinguished Practitioner” for Dispute Resolution by Asialaw Asia Pacific Profiles, 2020-2021 & 2022-2023 and also recommended as “Administrative Law Expert” by Advisory Excellence 2020. Ritu has also featured among “Top Lawyers in Forbes India” – Legal Powerlist 2020 and 2021
Ritu has been awarded “Leading Lawyers” for Dispute Resolution at the Legal Era Awards, 2022, “Expert in Litigation” by Euromoney Expert Guides, 2020-2021 and “Best in Commercial Arbitration” by Euromoney Asia Women in Business Law Awards, 2019. She has also been recognised in Legal Media 360 ratings - Practitioner Dispute Resolution 2022.
New Delhi
Sanjay Kumar
New Delhi
OVERVIEW
Sanjay has been a Partner at Luthra & Luthra Law Offices India for a decade and a half now. Sanjay looks after the dispute resolution practice and has a vast experience of close to 30 years in advising and representing clients in civil and commercial disputes, criminal litigation, and cybercrime related litigation.
In recognition of Sanjay’s expertise, he was appointed by the Bureau of Police Research and Development (BPR&D), the organization under the Union Home Ministry, as a member of the Committee constituted to review the Indian Evidence Act, 1872. Sanjay was recognised as the “Recommended Partner for Litigation” in the RSG India Report 2017.
SELECT REPRESENTATIVE CLIENTS/MATTERS
Sanjay has advised clients in some of the most complex, high profile and sensitive litigations and arbitration in India.
Those that can be disclosed include:
- An Indian company operating in the television production & syndication industry in an International Chambers of Commerce (ICC) arbitration conducted in Singapore. The dispute related to the payment of the facilitation fee by the client to a Mauritian entity for acquiring the television broadcast rights of the Indian Premier League.
- Represented a French Government owned renewable energy company in a multimillion-dollar proceeding instituted under the Singapore International Arbitration Centre (SIAC) Rules.
- A multinational corporation in the personal care products segment in arbitration proceedings initiated under the London Court of International Arbitration (LCIA) Rules. • One of the leading manufacturers of storage solutions in an ad hoc arbitration. The entire business model of the Company was questioned in these proceedings.
- A leading American global investment firm in arbitration proceedings conducted under the Singapore International Arbitration Centre (SIAC) Rules.
- eBay. in (formerly known as Baazee.com) and its CEO in one of the first cases involving intermediary liability in India. The law on corporate criminal liability was settled in this case by the Supreme Court of India. Sanjay was also closely involved in the process which resulted in the subsequent amendment of the Information Technology Act whereby safe harbor provisions were added to protect the internet intermediaries.
Mumbai
New Delhi
Sanjeev Kumar
Mumbai
New Delhi
OVERVIEW
Sanjeev Kumar is a Partner in Luthra and Luthra Law Offices India (Litigation), a premier full service law firm having been enrolled as an advocate with the Bar Council of Delhi in the year 1996.
Sanjeev looks after the Dispute Resolution practice and possesses vast experience in Corporate and Commercial Disputes, Insolvency & Bankruptcy Matters, Litigation and ADR. Sanjeev specializes in Civil Law, Arbitration, Alternate Dispute Resolution, Environmental Law, Labor Law, Criminal Law, more particularly White Collar Crimes, International Crime Syndicates, Extradition and Frauds. Sanjeev is also proficient in cross border enforcement of decrees and awards.
Sanjeev has worked in many fields of law and his experience of over twenty-five years extends to virtually all aspects of litigation, dispute resolution and arbitration. Sanjeev has extensive experience in both domestic and international jurisdictions. Sanjeev has extensively advised on debt recovery, banking and financial issues, commercial and corporate disputes and real estate in various Courts all over India as well as before Arbitral Tribunals.
Sanjeev regularly appears before the Hon’ble Supreme Court of India and various High Courts, more particularly, the High Court of Delhi, the High Court of Bombay, the High Court of Andhra Pradesh and Telengana, High Court of Calcutta, Punjab and Haryana High Court, High Court of Rajasthan, High Court of Gujarat and High Court of Bihar. Sanjeev has been appearing as lead counsel before various Judicial and quasi – judicial forums including, National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal (NCLAT), Debt Recovery Tribunal (DRT), Debt Recovery Appellate Tribunal (DRAT), National Green Tribunal (NGT) etc. Sanjeev has successfully represented clients and argued execution, jurisdictional issues, challenge to summoning orders, charge-sheets, bails etc. before various Courts.
Sanjeev has successfully argued applications for recovery before the Debt Recovery Tribunal, Company Petitions and Insolvency Proceedings etc., on behalf of leading multinational banks, financial institutions and Non-Banking Financial Companies. Sanjeev has also appeared before the National Green Tribunal in several highly sensitive matters.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Acted for Resolution Professional in the CIRP of Educomp Infrastructure Solutions and Marketing Limited, a company in Education infrastructure space.
- Acted for Committee of Creditors of Reliance Naval & Engineering Ltd., before NCLT, NCLAT and Supreme Court.
- Acted for Mauritius Commercial Bank in one of the first matters at NCLT, Mumbai for CIRP based on a Corporate Guarantee. Also acting for the Bank against a Joint Lenders Forum seeking damages in a civil suit as well as criminal proceedings before the EOW, Mumbai.
- Acting regularly for Yahoo Inc., in various proceedings, civil and criminal, across courts in India dealing with Information Technology Act.
- Acted for Wärtsilä (Denmark) in criminal proceedings against the CBI in Chennai on the complicated issue of successorship of criminal liability post mergers/acquisitions of companies.
New Delhi
Shikher Deep Aggarwal
New Delhi
OVERVIEW
Shikher completed his graduation in 2012 from National University of Law, Patiala and joined the Chambers of Dr. SK Verma at Supreme Court of India straight after the law school. At his time in the Chamber, Shikher learnt various facets of litigation and dispute resolution. He assisted his senior before various courts and forums. From 2013 to 2016, Shikher focused on his independent practice. In 2016, Shikher was offered the position of Senior Associate in the Dispute Resolution team of L&L Partners Law Offices (formerly known as Luthra and Luthra Law Offices) and in 2020 he was promoted to the position of Partner Designate.
Shikher has demonstrative career with experience of almost a decade at the bar. He specializes in advising clients on a wide variety a legal issues. Shikher has enabled various companies to establish themselves, especially where there is a lack of proper regulatory regime. Shikher regularly appears before the Supreme Court of India, Delhi High Court (till date he has appeared before 8 High Courts), Districts Courts and various tribunals. SHIKHER DEEP AGGARWAL Partner sdaggarwal@demosite.finlabsindia.org New Delhi At the firm, Shikher has advised and represented some of the most prominent corporates which include Toyota Kirloskar Motor Pvt. Ltd., Renault Nissan Automotive India Ltd., ANI Technologies Pvt. Ltd. (Ola Cabs), Twitter Communications India Private Limited, M/s Fashnear Technologies Pvt. Ltd. (Meesho), Rebel Foods Pvt. Ltd. (Foodpanda), In-shorts Group, Star India Pvt. Ltd., Dish TV India Ltd., etc.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- M/S KAL Airways Ltd. & Anr. v. Spicejet Limited & Ors.- Represented former promoter group comprising of KAL Airways and Mr. Kalanithi Maran against SpiceJet Limited and its promoter - Mr. Ajay Singh. KAL Airways and Mr. Kalanithi Maran initiated arbitration proceedings citing various breaches / non-compliances with the terms of the Share Sale & Purchase Agreement by SpiceJet and Mr. Ajay Singh.
- Crystal Crop Care Protection Ltd.- At present, handling a complex criminal prosecution launched by CBI, Gandhinagar and Directorate of Enforcement (ED) against clients in relation to alleged fraudulent claim of Terminal Excise Duty running into crores of rupees. Recently, the Adjudicating Authority, PMLA, had passed an order confirming the provisional attachment order whereby ED had attached properties worth crores of rupees. Shikher has successfully obtained a stay on the order passed by the Adjudicating Authority, PMLA. The case is currently pending adjudication before the Hon’ble High Court of Delhi.
- Philips India Ltd.- Represented his client Philips India Ltd. (Mr. Mehul Kamik of Philips India Ltd.) successfully in a pending Common-Wealth Games matter (CBI case) before the Special Judge, CBI. Shikher representing the accused on behalf of the Firm and was successfully able to seek discharged of the accused. This was the first occasion where a CBI Special Court had discharged an accused in the Common-Wealth Games scam, purely on merits.
- Advisories to Twitter India- Advices Twitter India regularly in relation to various compliances under the regime of the IT Act as well as the recently framed Information Technology (Intermediary Guidelines and Digit Media Ethics Code) Rules, 2021. Apart from this, Shikher has also assisted the clients in strategizing and formulating responses to the notices (for e.g., Notice issued u/s 91 of the Code of Criminal Procedure, 1973, take-down notice issued by various law enforcement agencies, etc.) to the client.
RECOGNITION
- Shikher is the recipient of the prestigious LEX-FALCON award conferred upon him in Dubai, UAE.
New Delhi
Sidhartha Das
New Delhi
OVERVIEW
Mr. Sidhartha Das is a Partner with Luthra and Luthra Law Offices India. He has an experience of over 16 years in dispute resolution and litigation practice. He has regularly advised various clients on complex legal issues concerning Insolvency laws, White Collar Crimes/ Financial Fraud, Corporate and Commercial laws, Constitutional/ Writ Petition, Debt Recovery, Construction and Real Estate, Consumer Protection, Arbitration etc.
Sidhartha regularly appears before the Supreme Court of India, Delhi High Court and other Courts, besides National Company Law Tribunals and other Tribunals/ Forums/ Authorities/ Commissions in Civil and Criminal litigations, at original and appellate levels. He has been representing many Clients of the Firm in Arbitration proceedings. He is also a part of matters involving advisory as well as legal strategy on domestic and international disputes.
Sidhartha is a part of the Firm’s Insolvency and Bankruptcy practice. He has recently been involved in the pre-packaged insolvency matter of a leading real estate company under Section 54C of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, New Delhi. The National Company Law Tribunal, New Delhi admitted the Application and the same is the first admission order passed by the Tribunal, after introduction of the provisions for pre-packaged insolvency resolution.
Sidhartha has been involved in several matters concerning public causes. In one such matter, the High Court of Delhi directed the Government to make mandatory Rules to provide protective headgear with purchase of two wheelers. (CWP 7769/2009). He was also involved in the matter for implementation of Master Plan Delhi 2021 to decongest the traffic of Delhi. (CWP 11159/2015).
New Delhi
Venancio D’Costa
New Delhi
OVERVIEW
Venancio D’Costa is a Litigation Partner in Luthra and Luthra Law Offices India. He specializes in civil and criminal litigation, insolvency matter under IBC, recovery of debts and related matters, arbitration, property disputes, labour and employment related disputes, matrimonial disputes, media related litigation etc. He has a strong expertise in evidence and cross examination.
Mr. D’Costa has extensively advised both domestic and international clients on various nuances of law. He regularly appears as lead counsel before various Courts and Tribunals in India.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Representing banks and financial institutions such as SBI, Hero FinCorp Ltd., PNB Housing Finance to name a few in initiating insolvency against its various Debtors and their Personal Guarantors.
- Represented Hero in another SLP filed by one of its Corporate Debtor against the action taken by Hero First under Arbitration Act and thereafter against the IBC. The Hon’ble Supreme Court vide its judgment dated 03.10.2017, held that a reading of Section 14 along with Section 238 of IBC clearly stipulates that there is no bar in invoking the provisions of Arbitration Act, and dismissed the SLP preferred by the Corporate Debtor. VENANCIO D'COSTA Partner vdcosta@demosite.finlabsindia.org New Delhi.
- Appearing for the Resolution Professional appointed under the Insolvency and Bankruptcy Code, 2016, in the liquidation case of Amrapali Builders.
- Appeared as an Operational Creditor before NCLT Calcutta for his client M/s Aditya Birla Group.
- Representing and advising IDBI Bank, a leading national bank, which is a financial creditor of Deccan Chronicle Holdings Limited, in proceedings presently before the Hon’ble NCLAT. IDBI Bank has challenged provisions of the Resolution Plan of SREI Multiple Asset Infrastructure Trust - Vision India Funds which was approved by the committee of creditors for the Corporate Debtor.
- Advised ArcelorMittal, in its court mandated repayment of the entire outstanding debt of Uttam Galva Steels Limited, one of the largest manufacturers of cold rolled steel and galvanized steel in India.
- Advised JSW Infrastructure as a prospective bidder for Dighi Ports Limited, a greenfield port being developed as a multipurpose, multi cargo, all weather port with deep draught, direct berthing facilities and cargo handling equipment, within outstanding debt in excess of USD 440 million. The Firm advised in review of the various facilities established by the company and legal ownership and title risk related issues attached to the Company.