The firm regularly represents its clients in various matters before the different courts/forums including the Hon’ble Supreme Court of India; different High Courts; various District Courts, City Civil Courts and Magisterial Courts across India; and different tribunals and forums including various District Consumer Forums, the State Consumer Disputes Redressal Commission in different states, the National Consumer Disputes Redressal Commission, the Telecom Disputes Settlement and Appellate Tribunal, the Competition Appellate Tribunal, the National Green Tribunal, the National Company Law Tribunal and the National Company Law Appellate Tribunal.
The litigation and dispute resolution practice at ASG & Partners is principally structured around the following areas:
Civil and corporate commercial litigation
The firm is widely engaged by various clients in civil and corporate commercial litigation including the matters pertaining to the aspects of securities laws, the Companies Act, consumer disputes, insolvency matters, competition law and telecom laws.
The members of the firm have been recently involved in the following:
- In the matter of unfair trade practice in the futures and options segment of derivatives market wherein the firm represented the traders before the Hon’ble Supreme Court of India in an appeal by the Securities and Exchange Board of India.
- Advising one of the leading commercial banks of UAE, headquartered in Dubai, with respect to the entire strategy and process pertaining to litigation for the recovery of its debts from various erstwhile customers who are outside the jurisdiction of UAE, and are currently in India. Also advising various body corporates and individuals with respect to the entire strategy and process pertaining to litigation for the recovery of their respective debts from various erstwhile customers who are currently in India.
- Advising various entities and financial institutions with respect to insolvency and bankruptcy matters; and regularly representing them before various National Company Law Tribunals and the National Company Law Appellate Tribunal.
- In a matter pertaining to a dispute initiated by a shareholder of an Indian company (having foreign investment and engaged in business of providing mobile data solutions and messaging products) with respect to the inferior rights provided to such shareholder in the shareholders’ agreement entered pursuant to a subsequent round of funding into the company. The team was involved in drafting of rejoinder to the company petition of the disputing shareholder and representing the client before the Hon’ble Delhi High Court.
- In a matter pertaining to a dispute raised by a minority shareholder pertaining to oppression and mismanagement of a company engaged in business of wholesale trading of branded fashion goods and accessories and providing back-end services to e-commerce retail companies in India. The firm represented the client before the Company Law Board.
- The members of the firm regularly represent various telecom service providers before the Telecom Disputes Settlement and Appellate Tribunal against Department of Telecommunications (“MCIT”) for reduction and release of performance and financial bank guarantees contained in the Unified Access Service License (“UASL”) executed between the MCIT and the Service Provider in respect of the various telecom service areas.
- In a matter pertaining to abuse of dominant position wherein the firm represented Tamil Nadu Power Producer Association (an association of power producers formed in 2004 with an objective to promote and protect the interests of the power producers in Tamil Nadu) opposite Chettinad International Coal Terminal Pvt. Ltd. (“CICTPL”).
- In a matter pertaining to abuse of position and arbitrariness, wherein the firm represented the Industry and Commerce Association, Dhanbad (Jharkhand) opposite the Coal India Limited and its subsidiary Bharat Coking Coal Limited.
Arbitration
The Firm has immense experience in international as well as domestic arbitration. The Firm acts in numerous arbitration proceedings in diverse areas of infrastructure development, corporate disputes, and contracts in construction and engineering, information technology, and domestic and cross-border investments.
The Firm has significant experience in national and international institutional arbitrations under numerous rules such as UNCITRAL, ICC, LCIA, SIAC and other specialist institutions. The Firm regularly advises and acts in international law disputes concerning, amongst others, Bilateral Investor Treaty (BIT) issues and proceedings.
The recent matters include the following:
- The members of the firm acted for a company engaged in the business of media and broadcasting representing the company in an arbitration matter pertaining to the dispute arising out of payment of royalty for the use of trade name.
- The members of the firm have acted for various government and private energy companies in India in the matters pertaining to high stake commercial arbitration.
- The firm is representing a Chinese Government Company – Xian Electric Company Ltd. in high stake commercial international arbitration opposite a Government of India undertaking company.
- The members of the dispute resolution team of the firm regularly represent various companies in domestic arbitration arising out of breach of various business contracts.
Criminal litigation
The firm is widely engaged by various clients in criminal litigation matters pertaining to the aspects of white-collar crimes, money laundering matters, corporate frauds, government investigations and compliance with the Prevention of Corruption Act, 1988 and other domestic anti-corruption laws.
- The members of the firm have represented various coal and telecommunications companies and individuals in the coal scam matter and the matter pertaining to 2G spectrum scam right from the stage of trail courts to the Hon’ble Supreme Court of India.
- The members of the firm have acted for various individuals and companies in Sharda Scam Case.
- The firm has represented various government office bearers /officials and the medical institution in cases arising out of renewal of license by the Medical Council of India.
White Collar Crimes
The firm has very considerable experience in the area of handling and defending investigations into criminal investigations and proceedings concerning corporate white-collar crime. It regularly advises and acts in proceedings before the investigating authorities and the courts.
Banking litigation
The Firm represents numerous foreign and Indian banks and financial institutions in disputes before the Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal. The members of the Firm regularly advise on the matters pertaining to insolvency and bankruptcy, and represent clients before the National Company Law Tribunals; and the National Company Law Appellate Tribunal.
Regulatory and Infrastructure
The Firm has acted in several prominent disputes in diverse infrastructure sectors such as ports, power, aviation, telecom, broadcasting, and oil & gas. The members of the Firm have handled complex legal issues involving public policy, market economics, technology, finance, and project management. The Firm is regularly consulted by governments, regulators, development financial institutions, think-tanks, industry bodies, suppliers, lenders and investors.
Construction and Engineering
The Firm regularly advises and acts for leading national and multi-national clients in disputes concerning complex construction projects relating to power (hydro, thermal and renewable), Oil & Gas (on-shore and off-shore), industrial plants, ports, pipelines, roadways and buildings.
