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.

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.

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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.

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.

OVERVIEW

Shinoj is a dual-qualified attorney, qualified in India and England & Wales. He has extensive experience in key financial centers of London, New York, Dubai, Mumbai and New Delhi, working on domestic and cross-border M&A transactions and private equity investments. He has acted on both sell and buyside mandates. Over the last 18 years of his practice, he has advised on transactions with a cumulative deal value of over USD 40 billion.

His practice focuses on corporate transactions, particularly M&A; joint ventures, corporate finance (equity and debt investments); commercial dispute resolution (shareholder disputes, post-closing pricing disputes in M&A); employment matters, governance issues and internal investigations in matters related to anti-bribery & anti-corruption and FCPA & UKBA compliance).

Shinoj’s diverse and global experience gained at Linklaters and Cleary Gottlieb Steen & Hamilton has helped him understand clients’ business and commercial objectives, to advise and implement legal strategies to achieve their objectives most optimally. He has advised several corporates, private equity and SHINOJ KOSHY Partner skoshy@demosite.finlabsindia.org New Delhi sovereign wealth funds on their investment strategies for emerging markets like India, and countries in South Asia Middle-East & North Africa.

Shinoj is closely associated with industry associations like the Federation of Indian Chambers of Commerce & Industry (FICCI) and Invest India; advising them on ways to promote FDI in key sectors like Infrastructure, Manufacturing & Retail and E-commerce. Additionally, he is also a member of the India-Jersey Advisory Group advising the States of Jersey government on its interactions with the Government of India. Shinoj regularly lectures at law universities like the National Law School of India University (NLSIU), Bangalore and National University of Juridical Sciences (NUJS), Kolkata. His analytical writing and comments are published in both national and international peer-reviewed journals and industry publications like IFLR, IBLJ, IBA Asia Pacific Journal, The Mint and The Hindu Business Line.

SELECT REPRESENTATIVE CLIENTS/MATTERS

• Anhui Conch: Advised Anhui Conch Cement Company Limited, China’s largest cement manufacturer on its bid to acquire Lafarge’s cement manufacturing business in North India.
• British Telecom: Advised on its USD 90 million acquisition of an Indian telecom company and start its outsourcing operations in India.
• DoIT Smart Hospitality (India) Private Limited: Advised on its USD 15.23 million acquisition of the Ambience Hospitality Management Private Limited and its subsidiary which runs The Palms Town and Country Club.
• Everstone: Advised on its USD 52 million acquisition of Aon Hewitt’s payroll processing business through a combination of share and asset purchases in India, China, Singapore and Philippines.
• Multiples Private Equity: Advised on its USD 35 million investment in Delhivery.
• Vodafone: Advised on its USD 10.9 billion acquisition of Hutchison Essar to launch Vodafone’s operations in India.

RECOGNITION

• He has been featured in the “Top 20 Emerging Leaders for the Indian Legal market” in the inaugural RSG Emerging Leaders Report 2019, supported by Allen & Overy, London and in the “50 Super Lawyers” based on client feedback in a survey conducted by Asian Legal Business.