Argus Partners

India

Review

Dispute resolution

The disputes group at Argus Partners continues to win marquee instructions with its sizeable team of experienced litigators and arbitration experts. Its clients are some of the best-known companies and brands in the global marketplace. The offering is primarily focused on commercial, contractual, insolvency, arbitration, regulatory, banking and taxation disputes. Peers have nodded to the visibility of Argus Partners on a number of the country’s higher-profile insolvency matters. The litigators have a long track record of advising clients on strategies in ongoing litigation, potential disputes, recovery and enforcement proceedings, arbitration, conciliation and mediation, and a host of regulatory matters. The team has advocated before all levels of the court, quasi-judicial authorities and various tribunals. The arbitration group is active in domestic cases and international proceedings, with experience in matters before the SIAC and ICC. The team has helped clients enforce or challenge awards and foreign decisions in sectors such as energy, banking and finance, construction and infrastructure, power, automation and engineering. This year, the firm climbed up a notch in the government and regulatory, insolvency and international arbitration rankings.

The practice has 10 partners covering primarily commercial, contractual and regulatory disputes, and it is active in domestic and international arbitrations. The firm has offices in Mumbai, Delhi, Bangalore, Kolkata and Ahmedabad.

Key figures within the team are senior partners R Sudhinder, [JD(1] Abeezar Faizullabhoy and Ranjit Shetty. Seven other disputes partners round out the group, including Soorjya Ganguli, Murtaza Kachwalla and Pooja Chakrabarti.

The team is representing Sociedade de Fomento Industrial Private before the National Company Law Tribunal (NCLT) against a shareholder who had filed a petition claiming oppression and mismanagement. Skoda Auto Volkswagen India has instructed the firm for its special leave petition that is pending before the Supreme Court, challenging the decision of the Delhi High Court. The client had challenged the constitutionality of certain provisions of the Competition Act, including the composition of the Competition Commission of India and the manner of conducting proceedings before the Delhi High Court. The Delhi High Court, while striking down some of the provisions of the Competition Act, has upheld the other provisions.

The firm acted for the Adamjee Peerbhoy Sanatorium Trust and several other Dawoodi Bohra trusts before the Supreme Court in a dispute related to the categorisation of public trusts. The State of Maharashtra and the Waqf Boards filed more than 57 special leave petitions challenging the order of the Bombay High Court in 2011, setting aside the incorporation of the Maharashtra State Wakf Board and the lists of Wakfs prepared under the Wakqf Act. More than 20,000 Muslim public trusts would be categorised as wakfs and would be unable to alienate their properties except as provided under the Waqf Act.

The insolvency team is acting for the liquidator in the liquidation process of Concast Steel & Power. This is one of the first large accounts that was unsuccessful under the resolution process and was directed by regulators to be liquidated. It is also the first case where the resolution professional obtained an order from the NCLT for appointment of the Special Frauds Investigation Office for investigating the affairs of the company, even though the Companies Act does not confer any specific power on the NCLT to appoint the same.

In a landmark matter, the firm continues to act for a client in the seminal Sabarimala matter, which deals with the entry of women in a temple. This has been one of the most significant constitutional cases in the country deciding on the equal rights of women. This case judgment, which will be decided by a rare nine-judge bench, will have a significant impact on all religions. It will settle the law as regards the interpretation of two articles of the constitution. It will clarify the rights of religious denominations and the extent to which they can manage affairs of religion.

Last year, the firm welcomed disputes partners Bhavya Mohan and Namitha Mathews from Arista Chambers and Algo Legal, respectively. It bid farewell to Maneesha Kongovi, who left for IndusLaw.

The firm counts ABB, Edelweiss, ICICI Bank, IL&FS Investment Managers, HDFC Group, KKR, Tata Group, Volkswagen Group and Volvo as loyal clients.