Arbitration and commercial suits
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In Re: Interplay between arbitration agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, 2023 INSC 1066 - 7 Judge bench judgment on the effect of default in payment of stamp duty on the arbitration agreement at the stage of appointment of arbitrators by Court.
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BCCI v. Kochi Cricket Pvt. Ltd., 2018 INSC 238 on the retroactive operation of the 2015 amendment to the Arbitration and Conciliation Act, 1996, involving an overview of the scheme of the arbitration law in India.
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Vidya Drolia v. Durga Trading Corporation, 2019 INSC 290 on the scope of judicial review of arbitrability under S. 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrators by Court.
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Represented a Times Group company in the Supreme Court for appointment of arbitrator against Liberatum group.
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Successfully obtained conditional stay of execution of a foreign arbitral award of USD 8 mn. from the Supreme Court, when the challenge to the award had been rejected by the seat Court (London).
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Represent an Indian subsidiary of a major Japanese company in several commercial suits in the Delhi High Court, DIAC arbitration and NCLT.
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Advised and successfully represented several Medium Enterprises and a Navratna PSU (Ircon International) in domestic arbitrations conducted ad-hoc as well as through the DIAC.
Arbitration and commercial suits
Insolvency
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Dilip B. Jiwrajka v. Union of India, 2023 INSC 1018 on the constitutional validity of provisions of the Insolvency & Bankruptcy Code, 2016 relating to personal guarantors to corporate debts.
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Amit Katyal v. Meera Ahuja, 2022 INSC 260 - represented the Chairman of ITC Ltd. and other HNIs as homebuyers in insolvency proceedings of the builder for the project Krrish Provence Estate, Gurgaon.
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Routinely represent a major NBFC in proceedings under the Insolvency and Bankruptcy Code, 2016 in the Supreme Court and NCLAT. Various reported judgments from NCLAT, some illustrations below:
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Srei Equipment Finance Ltd. v. Kalpataru Properties Pvt. Ltd. - S. 14 of Limitation Act, 1963 for an intervention application in an appeal that was eventually withdrawn (appeal pending in Supreme Court).
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Shweta Sharma v. SREI Equipment Finance Ltd. - commencement of insolvency resolution proceedings when the debt has been adjudicated in an arbitration award that is under challenge in the jurisdictional High Court.
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Vikram Bhawanishankar Sharma v. SREI Infrastructure Finance Ltd. - application of S. 14 of Limitation Act, 1963 for writ proceedings
Mining, Taxation and the Constitution
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Mineral Area Development Authority v. SAIL, 2024 INSC 554 a landmark judgment rendered by a 9-judge bench of the Supreme Court of India on the issue of States’ power to charge royalty under the Mines and Minerals (Development and Regulation) Act, 1957.
Mining, Taxation and the Constitution
Indirect tax
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State of Telangana v. Tirumala Constructions, 2023 INSC 942 - on legislative competence of States in the sunset period following introduction of the GST regime in the Constitution of India and the effect of ordinances.
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Commissioner of Customs v. M/s. Canon India Pvt. Ltd., 2024 INSC 854 - on jurisdiction of officers of Directorate of Revenue Intelligence to issue show cause notices under S. 28 of the Customs Act, 1962.
Securities and Corporate law
Securities and Corporate law
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Laurel Energetics Pvt. Ltd. v. SEBI, 2017 INSC 616 - on the obligations and trigger for an open offer in a demerger under the Takeover Code.
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Representing a promoter of a public listed company in an oppression, mismanagement and unfair prejudice action pending before the Supreme Court - Successfully obtained stay of concurrent interim orders of status quo ante in favour of the opposing faction.
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Represented an e-commerce shipping and logistics company - Bigfoot Retail Solution Pvt. Ltd. and a supply chain management company - Glaucus Supply Chain Solutions Pvt. Ltd. before NCLT, Delhi - Successfully argued and obtained sanction of the scheme of merger.
Environmental Law
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Successfully argued for recall of an adverse order - representing Hindustan Construction Company before NGT, Pune in the case challenging construction of Coastal Road in Bombay due to allegation of noise pollution.
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Represented officers of the Delhi Government (Forest Department) in the Supreme Court of India.
Securities and Corporate law
Environmental Law
Amicus briefs and pro bono assignments
Amicus briefs and pro bono assignments
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Meters and Instruments Pvt. Ltd. v. Kanchan Mehta, 2017 INSC 1009- landmark ruling on compounding of cheque dishonour complaints. It led to amendment of the Negotiable Instruments Act, 1882 to incorporate the directions of the Supreme Court in Sections 143A and 148.
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Canara Bank v. NG Subbaraya, 2018 INSC 385 - lays down the law on res judicata and abuse of process.
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Represent various indigent persons pro bono and handled civil rights cases on disability rights, livelihood and personal liberty.
Other commercial matters
Environmental law
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Federation of Hotel and Restaurant Associations of India v. Union of India, 2017 INSC 1217 - sale of mineral water bottles above MRP by hotels and restaurants permitted after analysing the law on legal metrology.
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Represented real estate developers and co-operative housing societies from Bombay in various disputes in the Supreme Court involving issues of arbitration law and real estate laws.
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Routinely represent the association of private medical and dental colleges from Andhra Pradesh and Telangana in the Supreme Court on issues of medical education.
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Routinely advise and represent commercial pilots in their employment disputes with airlines.
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Represented LAS Ground Force Pvt. Ltd., a ground handling, cargo, and aircraft maintenance company in a written petition in the Delhi High Court against their disqualification in a tender process by the Airports Authority of India.
Other commercial matters
Notable Cases
Siddhant Buxy
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