{"id":20991,"date":"2022-10-31T10:37:13","date_gmt":"2022-10-31T10:37:13","guid":{"rendered":"https:\/\/forkandflavor.in\/?post_type=partner&#038;p=20991"},"modified":"2024-01-03T17:34:20","modified_gmt":"2024-01-03T17:34:20","slug":"divij-kumar","status":"publish","type":"partner","link":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/partner\/divij-kumar\/","title":{"rendered":"Divij Kumar"},"content":{"rendered":"\n<h5 class=\"wp-block-heading\"><mark style=\"background-color:rgba(0, 0, 0, 0);color:#1a4c3d\" class=\"has-inline-color\">OVERVIEW<\/mark><\/h5>\n\n\n\n<p>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&amp;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.<\/p>\n\n\n\n<p>As a Partner, Divij has advised and represented numerous clients in disputes pertaining to Arbitration &amp; Conciliation Act, Writs\/Public Interest Litigation, Insolvency &amp; 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.<\/p>\n\n\n\n<p>Divij has been recognized as one of the \u2018Top Individual Lawyers\u2019 in India for Insolvency &amp; Bankruptcy and Arbitration, in the Forbes LegalPowerlist.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><mark style=\"background-color:rgba(0, 0, 0, 0);color:#1a4c3d\" class=\"has-inline-color\">SELECT REPRESENTATIVE CLIENTS\/MATTERS<\/mark><\/h5>\n\n\n\n<ul>\n<li>IBC v. Arbitration &amp; Conciliation Act: Represented a leading Non-Banking Financial Company (NBFC) before the Hon\u2019ble 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 &amp; Bankruptcy Code, 2016 (IBC) can take place simultaneously. The Hon\u2019ble 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.<\/li>\n\n\n\n<li>SARFAESI v. Arbitration &amp; Conciliation Act: Divij and team represented a leading NBFC before the Hon\u2019ble 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).<\/li>\n\n\n\n<li>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.<\/li>\n\n\n\n<li>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 &amp; Bankruptcy Code. This was the first time that a state-owned company bagged a project under the IBC.<\/li>\n\n\n\n<li>Blacklisting and tender matter: Divij successfully represented a leading advertisement company wherein the said company invoked the writ jurisdiction of the Hon\u2019ble 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.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"featured_media":20047,"menu_order":0,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}}},"practice_area":[22,27],"location":[39],"acf":[],"_links":{"self":[{"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/partner\/20991"}],"collection":[{"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/partner"}],"about":[{"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/types\/partner"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/media\/20047"}],"wp:attachment":[{"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/media?parent=20991"}],"wp:term":[{"taxonomy":"practice_area","embeddable":true,"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/practice_area?post=20991"},{"taxonomy":"location","embeddable":true,"href":"https:\/\/demosite.finlabsindia.org\/demo\/Luthra\/wp-json\/wp\/v2\/location?post=20991"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}