IndusLaw

India

Review

Dispute resolution

The dispute resolution group at IndusLaw comprises seasoned professionals handling all matters of corporate litigation and arbitration. The firm aims to build strong, stable and competent litigation teams equally across all offices to provide true pan-Indian service. Its urgency to keep up with the uptick in work flow and growth of its newer litigation offerings in Mumbai, Delhi and Hyderabad resulted in the recent addition of four lateral partner hires and an internal partnership promotion. The advocacy-focused team handles a diverse range of matters, such as international and domestic arbitrations, commercial disputes, intellectual property, real estate, insolvency, writ petitions, constitutional law, recovery suits, public interest litigations and pro bono work.

Nine partners helm the litigation and dispute resolution department, including noted lawyers Lomesh Kiran Nidumuri, Palecanda Chinnappa, Amit Jajoo, Mayank Mishra and Sushmita Gandhi. There are over 40 disputes-dedicated associates across the three offices in Delhi, Mumbai and Bangalore.

The group has experienced a surge in intellectual property litigation since the joining of partner Amit Jajoo two years ago. For example, the team successfully represented PrepLadder Private and Sorting Hat Technologies Private in an appeal filed against an order obtained by Medical Joyworks. The latter had filed a regular suit before the City Civil Court alleging copyright infringement by the clients. After the lawyers made their arguments, the counterparty ultimately withdrew its suit.

In another IP matter, the firm acted for Nexus Ventures and Nexus India Capital Advisors in their dispute with Acko General Insurance Company Private. Acko is alleging breach of intellectual property residing in its confidential copyright data and trade secrets by one of its ex-employees. The allegations against Nexus arise out of the fact that Nexus provided seed capital to the ex-employee’s start-up only on the confidence that the confidential copyright data and trade secrets of Acko would be used to achieve commercial success. Therefore, besides the ex-employee as a defendant, Acko is going after Nexus.

In a high-profile case, the firm continues to represent Lakshmi Vilas Bank in relation to a commercial suit filed by Religare for the recovery of $103 million before the High Court of Delhi which is now pending adjudication. The dispute revolves around the fraud committed by the Religare group of companies. The matter is significant as it raises various issues in law such as whether security can be evidenced by circumstances, what is the doctrine of indoor management, and implied contract and such various issues. Once a decision is announced, it will impact the way loans are sanctioned and securities are created by banks.

On the competition front, the antitrust specialists are acting for Sumitomo Chemical India Private in a writ petition before the High Court of Delhi to challenge the demand for payment of interest on penalty imposed by the competition regulator. The same team is representing Tranter in another writ petition against the Competition Commission of India (CCI) challenging the constitutional validity of one of the competition rules’ sections relating to the imposition of penalties on directors and offices of a company. The decision in this matter will hold significance as it will settle the issue of whether the CCI has the power to regulate the conduct of an advocate under the general regulations. The decision in this matter will also have bearing on several other cases of a similar nature, where penalty has been imposed on officials of an erring company.

A unique and sensational matter that has tackled never-tested areas of law has the firm remain counsel to Bollywood actress Sharmila Mandre in her defamation suit against various media houses. Its team filed a civil suit seeking inter alia injunctive reliefs restraining the media houses from publishing defamatory content, directing them to take down all defamatory material and also seeking damages. It ultimately managed to convince the court that the media published the material without properly investigating the true facts. The case involves several important questions in defamation law including an individual’s right to reputation vis-à-vis the right of media houses to freedom of speech and expression, fair comment and justification as defences to defamation, and the defence of qualified privilege in civil defamation law.

In March 2022, Mumbai litigation partner Soura Subha Ghosh and his team joined from Paras Kuhad & Associates. Partner Mohit Chadha departed in late 2021.

Key clients of the disputes group include an enviable range of domestic and international conglomerates and financial institutions such as Arvind Mills, BGR Energy Systems, Big Basket, DBS, Diageo, Finolex Cables, ICICI Bank, JM Financial, Mahindra & Mahindra, PhonePe, Tata Communications, Unacademy, West Bengal Industrial Development Corporation and YES Bank.

Client feedback

“The lawyers deep dive into the matter and the quality of work is excellent.” – Commercial and transactions

“The partner and the associates work as a team and are always very, very well prepared. They are very familiar with the facts of the case, which makes the entire process very smooth.” – Commercial and transactions

“Its client communications and timeline adherence is impeccable.” – Insolvency

“They provide expert services for insolvency matters.” – Insolvency

“The partners are well read before every discussion, easily accessible and deliver the work on time. The firm has in-depth knowledge of the laws pertaining to the banking and financial sector in India. The lawyers are always helpful and make the clients feel at ease.” – Commercial and transactions

“The firm is prompt and efficiently provided a strategy for the litigation.” – Commercial and transactions

“The firm is reputed for handling all types of litigations. It has a very experienced and competent litigation team.” – Commercial and transactions

“It is well organised and responsive.” – Insolvency

Shabbeer Ahmed

“He deep dives into the matter and brings out practical solutions for resolving the matter.”

Sushmita Gandhi

“She is very well versed with the facts of the case, accessible and well prepared.”

“Sushmita has got in-depth knowledge of commercial litigation.  She is  very diligent in her work and is easily accessible. She almost always delivers on the work promises on time.”

“She is very prompt and hands on.”

“She is good and very methodical, her responses are very fast, and she has excellent subject knowledge.”

“She is good at her domain subject in court litigation regarding insolvency law and recovery suits in Indian courts.”

Lomesh Nidumuri

“Lomesh is a very responsive and helpful partner in the firm.”