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 Non-metro
airport modernisation
In March, 2008, the Airports
Authority of India (AAI) appointed M.V. Kini & Co. as the sole Legal
Advisor to assist them in all legal matters pertaining to the city-side
development of four non-metro airports - Amritsar, Udaipur, Trichi and
Vizag-which is being undertaken through Public Private Partnerships. Our
firm is advising the AAI on all legal matters associated with the
successful conduct of the bidding process and execution of the Concession
Agreement with the selected bidder.
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Teaching at IIM, Ahmedabad
Starting 2008, M.V. Kini & Co.
has developed the coursework for the Indian Institute of Management (IIM),
Ahmedabad, on infrastructure disputes. Mr. Krishnan Venkataraman, an IIT
and Harvard alumni, and lawyer at our Delhi office, teaches the said
course.
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Drafting Legislation
In 2008, we were appointed as
the Legal Consultant to the Ministry of Food Processing Industries for the
revision of The Fruit Products Order, 1955.
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Contracts
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Air India, India’s national
air carrier, has recently decided to purchase 68 aircrafts worth US$ 7
billion from the Seattle-based Boeing Company. The firm has been
appointed as the legal advisors for the vetting and negotiating of the
aircraft purchase agreements.
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In collaboration with a
leading French engineering consultancy company, the firm is involved in
an ambitious US$ 605 million sea-link bridge project at Mumbai, for the
Maharashtra State Road Development Corporation Ltd. (MSRDC), for which
it is preparing the tender documents, BOT Agreements and the legal
component of the Feasibility Study of the project.
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We have vetted and
negotiated more than 15 BOT Agreements, valuing approximately US$ 45
million each, on behalf of the National Highways Authority of India.
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We negotiated on behalf of
Air India the contracts for the purpose of in-flight entertainment from
Thales. Similarly, we recently drafted and negotiated Air India’s
purchase agreements of software services for ground handling equipment
from SITA.
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On behalf of UNICEF, we
drafted an Agreement between them and Prasar Bharati for the telecasting
of an informative serial on the Indian National Network, as well as an
agreement to be executed with the production house for the production of
the serial.
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Our firm assisted Larsen &
Toubro Ltd. In the drafting of agreements pertaining to the construction
and development of a Residential Township, and represented them during
the related negotiations.
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Corporate
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The firm has advised the
international Bank of Muscat S.A.O.G. on legal pre-and post-merger
compliances for the US$ 44.5 million merger deal between its Bangalore
branch operations and the India-based Centurian Bank.
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We have assisted Utair, the
largest Russian helicopter airline, in the setting up a private limited
company in India and assisted them in obtaining the prerequisites
approvals from the Directorate General of Civil Aviation, Government of
India.
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M.V. Kini & Co. assisted Air
India in the setting up of its 100% subsidiary, Air India Express, a
low-cost carrier and also we have Vetted of Aircraft Operating Lease
Agreements executed by Air India Ltd. in respect of Airbus A310-300
Aircrafts.
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We have vetted the Aircraft
Sale Agreements executed between Indian Airlines Ltd. and INV 320 Ltd.
relating to Seven Airbus A-320-200 Aircrafts and also vetted the
Aircraft Operating Lease Agreement executed between Indian Airlines Ltd.
and INV 320 Ltd. relating to Seven Airbus A-320-200 Aircrafts and
supporting documents executed between Indian Airlines Ltd. and Investec
Bank (UK) Ltd.(the Security Trustee) relating to Airbus A-320-200
Aircrafts.
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Our firm is providing
Consultancy Services to MSRDC, we are providing legal services in
respect of the for Implementation of Mumbai Trans Harbour Link Project (MTHL)
on Build, Operate and Transfer basis which includes its design,
construction, financing, operations, monitoring, maintenance and
transfer. The project is of US$ 605 million connecting Sewri on Mumbai
side to Chirlie on Navi Mumbai side in Maharashtra, India and includes
Flyovers, ROB’s, Underpasses, Cross Drainage Structures, Toll Plaza
Complex, Bridge Control Station etc. along the length of the project of
21.827 Km. The assignment includes drafting of Bid Documents, Concession
Agreement, Opinions, Participation in negotiations, legal component of
the Feasibility Study of the project etc.
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We are also acting as legal
expert for a leading Consultant providing Consultancy Services to MSRDC
in respect of the project of Urban Re-engineering of Sion- Panvel
Highway comprising the stretch from Kalamboli to BARC Junction i.e. from
km 115/800 to 140/690. The Consultancy includes drafting Bid Document,
invitation and evaluation of bids etc.
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Our firm is engaged in
drafting of Agreements for BEST in respect of H.V. Consumers and draft
Franchisee Agreement as per the requirements of Electricity Act, 2003
and also regulations framed by Maharashtra Electricity Regulatory
Commission.
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We have drafted the share
purchase agreement for the disinvestments of the Cement Corporation of
India (CCI)
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Our firm assisted the Indian
subsidiary of Tele-Atlas Belgium in the down-sizing of its soft-ware
division.
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Legal Due
Diligence and Audit
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In 2008, we undertook a
pre-acquisition due diligence on behalf of Cosmos Brands Distributors
Pvt. Ltd. for the taking over of a plastic manufacturing company.
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We were assigned the task of
auditing about 6,000 dealer-funding documents for ICICI Bank, India’s
second largest bank.
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We have conducted the legal
audit for Citibank’s Mortgages Division (Home Loans)/
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Our firm undertook the legal
audit for Churchill Software Services, India Pvt. Ltd., the subsidiary
of a leading British software services supplier, to assess its
compliance with all Indian laws, ranging from company law, Software
Technology Part of India regulations, customs and excise procedures, tax
laws and labour laws. We also scrutinized our client’s existing
contracts to assess their liabilities and risk exposures.
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Banking
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We have drafted and
negotiated the retail portfolio of the Bank of NovaScotia.
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The firm assisted the Bank
Internasional Indonesia in obtaining the necessary registration and
other government approvals for its operation in India.
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We advised Centurion Bank on
more than ten forward trade agreements, currency agreements, and other
SWAPS and derivates agreements based on the ISDA Master Agreement.
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We have restructured the
Security Documents for all loans granted by nationalized banks, to bring
them in compliance with recent legislative developments.
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Litigation
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The Delhi branch of the
firm, headed by Mr. Ravi Kini, has a few reported judgments to its
credit, including the landmark case Air India Cabin Crew Association vs.
Yeshawinee Merchant, in which the Supreme Court upheld the Air India
policy of differential flying ages for male and female cabin crew
members.
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Mr. M.V. Kini, the founder
member of the firm, was appointed as the Special Prosecutor for the
prosecution of striking Air Traffic Controllers of the Airports
Authority of India at Mumbai.
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Environment
We regularly advise corporate
clients, including Huntsman Advanced Materials, a global manufacturer of
chemicals, on environmental compliance requirements. We also represent
timber companies and local waste management companies before
quasi-judicial environmental bodies and judicial authorities.
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Real Estate
M.V.Kini & Co. act as the
Legal Advisors for various land acquisitions being acquired by the House
of Hiranandanis (HIRCO) involving various agricultural/non-agricultural contiguous lands of not less than 100
acres, for developing various large townships, industrial estates and Residential Projects, etc.,
around Mumbai and other Metropolitan cities and other 15 major cities
spread all over India.
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