Restructuring & Insolvency
The Restructuring and Insolvency Practice Group is known for its solution-oriented approach, navigating through the complex legal landscape in India, without losing sight of the commercial and business objectives, and continues to enjoy the reputation of being able to deliver effective advice and provide guidance on complex restructurings and insolvency proceedings.
As a full-service law firm, we are able to draw on our expertise across different practice areas in order to provide our clients with top-quality service. The most notable feature of The Firm’s practice is the integrated corporate restructuring and disputes offering, allowing us to service clients right from board room discussions to courtroom proceedings.
Our Team has built up significant expertise in acting for distressed funds, bidders/resolution applicants, foreign and domestic lenders/Committee of Creditors and the insolvency professionals in restructurings, insolvency resolution processes and liquidations under the Insolvency and Bankruptcy Code (“Code”).
The Firm is also working with industry participants in engaging with the Ministry of Corporate Affairs and the Insolvency and Bankruptcy Board of India in resolving various issues faced in the implementation of the Code.
Our Partners:
New Delhi
Akshit Kapoor
New Delhi
OVERVIEW
Akshit Kapoor has extensive experience in areas of Real Estate laws, Mergers & Acquisitions, Private Client and Family Office Practice, Banking and Finance Sector, PE Investments, Insolvency and Bankruptcy and Corporate Restructuring.
Akshit has represented and advised both Indian and International clients on general corporate matters, M&A, joint ventures and commercial contracts across various business sectors like health care, automobile, telecom, consumer goods sector etc.
Akshit has closely collaborated with a wide range of international and domestic corporations, advising them on their business operations in both India and abroad. His expertise encompasses providing general commercial guidance, handling mergers & acquisitions, private equity matters, corporate restructuring, joint ventures, fundraising activities, and drafting commercial contracts, among other areas.
As being part of the Firm’s real estate practice, Mr. Kapoor has advised some of the largest real estate companies in India and has been involved in advising numerous international clients for their projects in India.
Akshit has represented and advised HNIs and HNFs, business owners, family offices, corporate fiduciaries as well as charitable and not for profit entities on restructuring, creation of trusts and wills, migration of residency and change in citizenship.
Akshit possesses a profound grasp of the intricate commercial and legal intricacies surrounding land ownership, land acquisition, land use and conversion, regulatory and approval matters, foreign investments, and more. Additionally, Akshit offers valuable counsel on real estate financing, playing a pivotal role in structuring and drafting documentation for real estate mortgages, trust deeds, sales contracts, and various financing transactions.
As part of the Firm’s insolvency and bankruptcy practice, Akshit has gone on to advise clients on exit strategies, refinancing, debt restructuring, distressed sale etc. Akshit specializes in representing distressed funds, bidders/resolution applicants, lenders / Committee of Creditors, and insolvency professionals in the context of restructurings, insolvency resolution processes, and liquidations governed by the Insolvency and Bankruptcy Code, 2016.
Akshit excels in helping clients strategize and navigate complex transactions by offering guidance on structuring and negotiation.
New Delhi
Girish Rawat
New Delhi
OVERVIEW
Girish Rawat is a qualified lawyer and company secretary with close to 15 years of experience. He is a member of the Supreme Court Bar Association. Girish has been involved in numerous complex and high-profile transactions. Girish advises across several sectors, including real estate, projects, infrastructure, hospitality, technology, manufacturing among others.
Girish focuses on banking, finance and restructuring, including structured finance, cross border lending, hybrid debt financing, project finance, acquisition finance, real estate finance as well as restructuring and security enforcement assignments, and the corporate insolvency resolution process.
He actively advises clients on various investment and financing transactions, including bond/ debt securities, both listed and unlisted, buyback of listed securities. He also advises clients on their investment and disinvestment strategies as well as takeover of the listed companies.
Girish has been recognized “40 Under 40 Rising Star” by Legal Era and as “Leading Lawyer” in “Financial and Corporate” by IFLR 1000 since 2017. He has been consistently recommended for his work in the practice areas of “Banking & Finance”, “Corporate and M&A”, “Capital Markets”, “Project Finance” and “Real Estate & Construction” by Legal 500, Chambers and Partners and Asia Law Profiles. He has also been named the “Finance Lawyer of the Year- India” at the Finance Monthly Global Awards 2012 and the “Finance Lawyer of the Year – India” at Corporate Live Wire 2013 edition. Prior to joining Luthra and Luthra Law Offices India, Girish has worked as Partner with Dhir & Dhir Associates for 13 years.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Banking and Finance:
- Advised Power Finance Corporation Limited in availing external commercial borrowing to the extent of INR 2340 Crore (US$ 360 Million) from State Bank of India, Hong Kong Branch. The transaction involved interalia advising the client on various regulatory aspects governing the said borrowing transaction and negotiating the financing documents with the counter party and also to cover the foreign currency risk by entering into hedging contract.
- Projects and Infrastructure:
- Advised GRT Jewelers Private Limited on setting up of solar power project with total capacity of 25 MW at various locations in the State of Karnataka. The Firm advised and assisted GRT on the matters pertaining to acquisition of the land for the said project. The scope inter-alia included structuring the acquisition of project land through KREDL, drafting of documentation/ agreement between the land owners, KREDL and GRT and conducting due diligence on the land measuring 100 acres in the State of Karnataka, drafting of turnkey EPC contract along with general conditions of contracts and special conditions of contract for construction, supply, services and operations.
- Project Finance:
- Acted as the Lenders’ Legal Counsel to the consortium of lenders comprising of Power Finance Corporation Limited, Rural Electrification Corporation Limited and Bank of India, led by Power Finance Corporation Limited for the financial assistance of INR 3772 Crore to Western UP Power Transmission Company Limited for part financing the cost of setting up the transmission lines in the Western Uttar Pradesh from Mainpuri – Hapur, Mainpuri- Greater Noida and Noida – Hapur Line.
- Real Estate:
- Advised Landmark Infracon Private Limited on acquiring land parcel of 39.0083 acres, situated in the revenue estate of Village Rajokri, Sub-Division, Vasant Vihar, District North West, Delhi. The scope inter-alia included drafting of title due diligence report, inspection/ verification of various documents and advising over legal issues regarding the title search over the 39.0083 acres, situated in the revenue estate of Village Rajokri, Sub-Division Vasant Vihar, District North West, Delhi.
- Capital Markets:
- Acted as the sole legal counsel to the public issue of tax free bonds in the nature of secured redeemable non-convertible debentures aggregating to INR 5,000 Crore by Housing and Urban Development Company Limited.
Harry Chawla
OVERVIEW
Harry Chawla has extensive experience in the areas of Banking & Finance, Mergers & Acquisitions, and Real Estate. Harry has advised clients in the banking and financial services sector, real estate sector as well as the hospitality, health care, automobile, aviation, telecom, IT, ITES, consumer goods sectors.
He has represented some of the largest players in the Indian real estate market, including several Indian companies as well as foreign investors. He has also assisted the Government of India as well as State Government(s) in the drafting of legislations in this sector.
Harry has worked closely with a large number of international and domestic corporations with respect to their business in India and abroad, in the areas of general commercial advice, mergers & acquisitions, private equity, corporate restructuring, joint ventures, fund raising and commercial contracts, etc.
He has advised and represented clients on issues pertaining to corporate finance (both domestic and cross border), debt restructuring and refinancing, securitization, acquisition finance, structured finance, bonds and similar instruments. He has acted for both lenders and borrowers and been involved in complex transactions involving multiple lenders across jurisdictions.
He has also participated in the evolution and formulation process of business strategies with several clients, vis-à-vis their new ventures and business initiatives and has advised in establishing, operationalizing and implementing such business strategies of the clients. He has also advised several clients on strategizing in dispute resolution, negotiation and settlement etc.
RECOGNITION
- Ranked in India Business Law Journal’s A-list of Top 100 lawyers in 2020 and 2022-23.
- Recognized as the Real Estate Lawyer of the Year at the 12th Legal Era Awards, 2022-23.
- Awarded Corporate Law Firm of the Year – 2022 and Real Estate Law Firm of the Year – 2020 by Global Law Experts.
- Awarded Real Estate Law Expert of the Year 2022 by The Lawyer Network.
- Awarded Leading Legal Mind in Corporate Finance (India) by APAC Legal Awards 2020.
- Awarded M&A and Banking Finance Law Firm of the Year in India by 2020 Corporate INTL Global Awards.
Mumbai
Jay Parikh
Mumbai
OVERVIEW
Jay is a Partner in the Banking & Finance, Insolvency & Corporate Restructurings and Corporate/M&A/PE teams at Luthra and Luthra Law Offices India Mumbai office.
Previously, Jay has been a Partner at Shardul Amarchand Mangaldas (Mumbai) (SAM). Before SAM, he was a founder-partner of Verus and was Co-head of the firm’s corporate advisory & transactions practice. Prior to founding Verus, Jay worked at Bharucha & Partners having joined as part of the founding team from (the erstwhile) Amarchand Mangaldas (Mumbai) where he started his career.
Over the years, Jay has gained considerable experience in Banking & Finance, Restructurings & Insolvency and Corporate/M&A/Joint Ventures/Private Equity and Capital Markets practices.
Jay has been recognized in the ‘A-List – India’s Top Lawyer 2022’ by India Business Law Journal.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Banking & Finance
- Currently advising SWAMIH Fund on several matters ranging from standardisation of documents to enforcement actions.
- Advised GMM Pfaudler Ltd. on acquisition finance facilities for its acquisitions in India and abroad.
- Insolvency & Corporate Restructurings / Debt Resolution
- Advised UVARCL in its resolution of debts of Reliance Communications Ltd. and Reliance Telecom Ltd. as part of their respective corporate insolvency resolution processes. Debt resolved is INR 82,000 crores and INR 42,000 crores approx., respectively. This deal is subject to NCLT and other approvals.
- Advising Reliance Capital Ltd. and a few of its operating subsidiaries on certain debt and business restructuring mandates.
- Mergers & Acquisitions
- Advised Dr. Lal Path Labs Ltd. on its acquisition of Suburban Diagnostics (India) Pvt. Ltd. for INR 12,000 million (approx.).
- Advised Bayer BioScience Private Limited and Bayer CropScience Ltd. in sale of their cotton seed (sold under the Surpass® brand) & pearl millet, sorghum and mustard seed (sold under the ProAgro® brand) businesses and related assets in India to Crystal Crop Protection Limited.
- Private Equity & Venture Capital
- Advised Neev Fund II on its follow-on investment in Blue Planet Environmental Solutions India Pvt. Ltd. – a leading end to end solutions company for waste management and up-cycling.
- Advised Growthpond Technology Pvt. Ltd. (operating its business under Dukaan) and its founders on its pre-seed funding from Matrix Partners & Lighthouse Funds. Also advised the client on its much publicized and high-stake dispute with Khatabook and its founder.
- Joint Ventures
- Presently advising a leading laser and marking systems manufacturer in its proposed Indian joint venture with a leading Indian conglomerate.
- Advised a Government company on the assignment of its unsecured debt instruments to another Government company in lieu of issuance of fresh equity shares by way of a scheme of arrangement.
- General Corporate
- Presently advising a German engineering company in the winding down and ultimate closure of the operations of its Indian wholly owned subsidiary.
- Advised Luxottica group on the restructuring of its Indian operations involving inter alia reduction of capital of RayBan Sun Optics India Limited.
- Private Client Practice
- Advised several HNW individuals and promoters of large Indian corporates on setting up of family trusts, family arrangements, wills and succession & estate planning matters.
- Capital Markets
- Advised Union Bank on its proposed QIP of INR 20,000 million in 2017.
- Advised on several SME IPOs (Ambition Mica Ltd. Shree Krishna Constructions Ltd., Mangalam Seeds Ltd., MD Inducto Ltd. etc.)
- Projects & Infrastructure
- Advised Rolls-Royce Power Systems on its proposed bid as a Contractor in connection with an Asian Development Bank (ADB) funded 70MW gas-based replacement power project at Sivasagar district, Assam.
- Advised UltraTech Cement Ltd. on an O&M agreement for its Wall Care Putty plant at Katni, Madhya Pradesh.
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.
Mumbai
Nishant Singh
Mumbai
OVERVIEW
Mr. Nishant Singh is a Partner at Luthra & Luthra Law Offices India and specializes in the area of Mergers & Acquisitions, Private Equity & Venture Capital and Banking & Finance.
Nishant is admitted to practice law in India and the State of New York (USA). In the last 19 years, Nishant has worked on a wide array of equity and debt financing transactions across multiple sectors and countries. In the M&A space, he has worked on listed as well as unlisted company transactions including, public takeover, PIPE, going private, JV and minority or majority equity investments. As regards the debt investment, he advises on structured debt funding and re-structuring transactions.
Nishant also advises corporate houses and HNI’s in relation to investigations by government agencies like Serious Fraud Investigation Office, Central Bureau of Investigation, Enforcement Directorate, Economic Offence Wing for charges of bribery, money laundering, corporate fraud and various other offences and assists clients in formation of internal corporate policies and structures against anti-bribery, anti-corruption, anti-corporate fraud, whistleblowing, anti-sexual harassment, data privacy and cyber security.
Prior to joining Luthra & Luthra Law Offices India, Nishant was a partner with IndusLaw, Mumbai and prior to that with Khaitan & Co, Mumbai. Also, his past international experience of working with the top tier law firms in San Francisco (Perkins Coie LLP), New York and London (Dewey & LeBeouf LLP) offers his clients a distinctive approach and expertise on cross-border deals.
Nishant has consistently been endorsed as a ‘Leading Lawyer’ for financial and corporate law in India by IFLR1000 (2019-23) and as an ‘Elite Legal Practitioner’ in Asia Pacific Region by Legal 500 (2018-2022).
Nishant has been recognized as one of the ‘Leading Lawyers of India’ for Banking & Finance, Corporate/M&A and Private Equity by asialaw (2015-2023), and a ‘Rising Star’ by Legal Era Awards 2016.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Future Group in relation to USD 5 billion debt re-structuring of Future Retail Limited, Future Enterprises Limited, Future Lifestyle Fashions Limited, Future Consumer Limited, Future Supply Chain Solutions Limited, and other unlisted companies for all outstanding debt owed to 28 Indian banks-consortium under the resolution framework for COVID-19-related stress announced by the Reserve Bank of India.
- Agritrade Resources Ltd., a listed company on the Hong Kong Stock Exchange, in relation to acquisition of SKS Power Generation (Chhattisgarh) Limited through a One Time Settlement of INR 2170 crores (approx. USD 350 million) for all outstanding debt to State Bank of India, L&T Infrastructure Finance Company Limited and PTC (India) Financial Services Limited.
- Engie Solar SAS and Electro Solaire Private Limited in a project financing for an amount of USD 100 million approximately availed from the Asian Development Bank and Société Générale for setting up a 2x 100MW AC grid-connected solar PV project in Raghanesda Solar Park, Gujarat.
- IndoStar Capital Finance, a listed company, in relation to Brookfield Asset Management’s acquisition of 40% stake for INR 1225 crores through a mix of primary and secondary shares from Everstone Capital, infusion of capital in IndoStar Capital Finance, and public shareholders under the Takeover Code.
- American International Group Inc. in its sale of American Life Insurance Corporation to MetLife Inc. for USD 15.5 billion.
Mumbai
Piyush Mishra
Mumbai
OVERVIEW
Piyush is a Partner in Infrastructure, Finance, Insolvency, and Restructuring Practice of Luthra and Luthra Law Offices India. Before joining Luthra and Luthra Law Offices India, he has worked with AZB Partners, Cyril Amarchand & Mangaldas, Allen & Overy LLP (London) and Amarchand & Mangaldas.
He is a dual-qualified lawyer, Advocate (India) and Solicitor (Non-Practicing), England & Wales, and is recognised as a ‘Notable Practitioner’ by asialaw, ‘Leading Lawyer’ by international publications including IFLR 1000 and Chambers & Partners.
He has extensive experience in distressed assets space including restructuring and insolvency, enforcement of security and acquisition of such assets. He has acted for Lenders (CoC and individual), Resolution Professionals, Bidders and Distressed Debt Funds in pre-IBC resolutions, CIRP process and liquidations.
Piyush is associated with reputed industry groups such as the Core Group on Insolvency, Federation of Indian Chamber of Commerce. He has authored and presented papers at various forums. These include various national and international seminars by INSOL (HK), IBBI (Delhi, Mumbai, Chennai), CFA Institute, SBI, ICSI (Eastern Region) and ICAI on insolvency laws. His publications include The Restructuring Review, 2019 and 2020, PLC’s Structured Finance & Securitisation Multijurisdictional Guide (2012) and various articles in Project Finance International.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Acted for various Resolution Professionals in the Corporate Insolvency Resolution Process (CIRP) for Punj Lloyd Limited, Jhabua Power Limited, Educomp Infrastructure Solutions and Marketing Limited.
- Advised a consortium of lenders, on sale of more than 51% shares in Jindal India Thermal Power Limited and Monnet Ispat and Energy Limited through an e-auction process under S4A and SDR schemes.
- Acted for State Bank of India and HDFC Bank Limited on a syndicated secured term loan of INR 10.8 billion approximately for Dalmia Cement (Bharat) Limited.
- Acted for a consortium of 27 lenders lead by PFC and SBI on INR 130 billion senior and sub debt secured syndicated facility for KSK Mahanadi.
- Acted on the first reserve based funding in India for Cairn India Limited in relation to approximately INR 40 billion syndicated secured facility from reputed lender through participating interest based funding and refinancing of the facility through listed rupee bond issuance.
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.
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
Shivani Sinha
New Delhi
OVERVIEW
Shivani graduated from Symbiosis Law School, Pune in 2008, and has over 12 years of experience in representing banks/financial institutions (domestic and foreign) in respect of restructuring, insolvency and finance matters.
Prior to joining the Firm, Shivani has worked with Shardul Amarchand Mangaldas & Co., Mumbai, Link Legal- India Law Services, Delhi, and Amarchand & Mangaldas & Suresh A. Shroff & Co., Mumbai.
She has extensive experience in distressed assets space including restructuring and insolvency, and acquisition of such assets. She has acted for Lenders (CoC and individual), Resolution Professionals, and Bidders in pre-IBC resolutions, CIRP process and liquidation process. She has been recognised as ‘Notable Practitioner’ by IFLR1000.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Acting for the Committee of Creditors in the Corporate Insolvency Resolution Process (CIRP) of Reliance Capital Limited. SHIVANI S.K. SINHA Partner ssinha@demosite.finlabsindia.org New Delhi.
- Acting for the Resolution Professional in the Corporate Insolvency Resolution Process of Indo Global Soft Solutions.
- Acting for a resolution applicant in its resolution plan for Lanco Amarkantak Power Limited, a leading power generation company in Chhattisgarh, under CIRP.
- Acted for the Committee of Creditors in the corporate insolvency resolution process and in the implementation of the resolution plan of Uttam Galva Metallics Limited.
- Acted for banks/financial institutions (domestic and foreign) in respect of restructuring of several loan accounts under CDR and JLF, S4A, SDR and flexible structuring namely: Panduranga Energy Systems Pvt. Ltd., Gati Infrastructure Private Limited, Soma Enterprise Limited, MB Power Madhya Pradesh Limited etc.
- Advised IIFL Home Finance Limited and IIFL Finance Limited in revising its loan documents (both for its existing loans and new loans) and necessary customer communications to ensure compliance with the NPA guidelines of Reserve Bank of India.
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
Varun Vaish
New Delhi
OVERVIEW
Varun comes with over a decade of experience in M&A, Private Equity and General Corporate Advisory. Varun’s involvement in various transactions help both the investors as well as the target company navigate a very uncertain regulatory environment and close large investment rounds. He has played instrumental role in bringing clarity on certain grey areas of the regulatory framework, for instance, surrounding restructuring of such ECB Loans. His insights and legal advisory on transactions in relation to private acquisitions of assets during ongoing insolvency of the asset owner’s group companies has been incredible.
Varun’s approach towards solving client’s problem is one of his strongest forte. He brings solution-oriented mind set to the table, helping client navigate the transactions in the most reasonable and timely manner and simultaneously VARUN VAISH Partner v.vaish@demosite.finlabsindia.org Delhi creating space for his team to learn, adapt and grow into an even better professional.
SELECT REPRESENTATIVE CLIENTS/MATTERS
- Advised Apollo Hospitals in its INR 450 Crore hospital asset acquisition in Gurugram, Haryana.
- Advised a leading real estate company on the resolution and eventual acquisition of a landowning company owning 110 Acres of land valued at over USD 140.5 Million under the Pre-packaged insolvency regime.
- Advised M3M India Private Limited (M3M) on INR 900 Crore Debt infusion by Oaktree Capital through subscription to NCDs.
- Advised a leading real estate company on its acquisition of real estate assets valued at USD 40.6 Million from Indiabulls Housing Finance.
- Advised IFFCO and reviewed financing documentations and corresponding amendments thereto, arising out of the restructuring of the credit facilities amounting to USD 850 Million availed of by IFFCO’s foreign subsidiary i.e. Jordan India Fertilizer Company.
- Advised on USD 20 Million External Commercial Borrowings (ECB) by Kunshan Q Tech Microelectronics (India) Private (QTech) Limited.
- Advised QTech on USD 13.5 Million purchase of Havells Land in Greater Noida.
RECOGNITION
- Varun has been recognized as one of the ‘Top 100 Lawyers’ (below 10 years) experience in Forbes Legal India Powerlist 2022.