The dispute resolution group at Economic Laws Practice excels in competition, international arbitration, regulatory and tax work. Its white-collar crimes practice is maturing and the team has seen increasing work in this space. These practices are regarded as some of the best in the country, with many peers and clients affirming their dominance in these areas. The team is proud of its in-house advocacy capabilities, which enable its lawyers to provide clients with a holistic review of all relevant matters in a dispute. In the past year, the team has been active in multiple shareholder, and oppression and mismanagement disputes, as well as handling large private client and intellectual property disputes. The firm recently opened a new office in GIFT City, Gujarat to complement its six other offices across India.
Ten senior lawyers are focused purely on litigation, arbitration and dispute resolution, including partners Naresh Thacker, Jitendra Motwani, Dinesh Pednekar, Mumtaz Bhalla, Shailesh Poria and Alok Jain.
The team represented the CEO of Zee Entertainment Enterprises (ZEE) in a litigation matter against Invesco on its requisition notice for the removal of three executive directors of ZEE and the appointment of six independent directors. After considering the requisition notice and receiving legal opinions from retired judges, the Supreme Court declined Invesco’s request and refused to act upon the notice, as it was in contravention of various regulations. This matter has been one of the most widely reported in India, not only because of the high-profile individuals involved but also because it involves a key issue on corporate governance. This case deals with the important question of law: the ability of a shareholder of a publicly-listed company to call for an EGM. This matter is being closely monitored as it will set a precedent.
Thacker and his team were engaged by JM Baxi Ports and Logistics for a challenge raised by an unsuccessful bidder, Bollore Africa Logistics, assailing the award of the tender for a large terminal container port project to the client. The ELP team had the writ petition dismissed before both the single judge and division bench of the Madras High Court.
The team is also representing several clients in defending allegations by India’s National Green Tribunal and Endowments Tribunal. Adani Enterprises has instructed the firm for a matter pertaining to coal mines in Chhattisgarh in an auction held under the Coal Mines Act. The team is representing the client before the Coal Mines Tribunal against a decision from the Government of India appropriating the bank guarantees given by the client.
The tax controversy team advised Kotak Mahindra Group right from the investigation stage to obtaining a stay on the proceedings from the Hon’ble High Court with respect to the demand of service tax on an average monthly balance maintained by customers of the bank. The matter is an all-industry issue affecting various banks. This would have an impact on the entire banking industry and would indirectly affect all customers having savings in banks. The outcome of this issue would affect past transactions as well as ongoing transactions under the GST regime.
Partners Ashish Prasad and Mukta Dutta left last June to establish their own firm, Acara Law. Associate partner Abhay Chattopadhyay and counsel Ashishchandra Rao joined early last year after being independent practitioners.
Notable recent clients of the firm include All Cargo Logistics, Advanced MedTech Solutions, Cargo Motors, Coca-Cola, Duff & Phelps, INX Media, Lex Sportel Vision and Tata Sons.
Client feedback
“They are simply excellent.”– Commercial and transactions
“ELP has a niche practice in indirect taxation and handles all related matters very efficiently and successfully.” – Tax
“The approach, dedication towards work and the timely, effective advice sets them apart from other firms.” – White-collar crime
Mumtaz Bhalla
“I find her solutions proactive and she provides advice that is in the long-term interest of the client. She doesn’t buckle under pressure and cut corners for short-term solutions. She is brilliant in her approach and explains the situation well.”
Alok Jain
“He is a problem solver, with innovative ideas to come out with solutions. He tackles issues very well.”
Jitendra Motwani
“Prompt responses, excellent knowledge of indirect taxation and very good results in most of our litigation matters.”
