LITIGATION

Litigation is one of the cornerstones of the firm. MVKini’s attorneys have vast experience in defending clients’ interests in the Supreme Court of India, High Courts, District Courts, Commissions and Judicial & Quasi Judicial authorities for matters relating to government contracts, tender laws, labour and service laws, land acquisition, companies, arbitration and financial laws.

The firm’s founder and chairman, M. V. Kini heads up the firm’s litigation team. The team is highly proficient in conducting high profile, complex legal issues. The firm has several seasoned lawyers who previously held senior positions in the legal and recovery departments of reputed banks giving the firm a distinct edge in financial matters. MVKini is the Standing Counsel for various Public Sector Undertakings before various High Courts and the Supreme Court of India. It is part of a panel of advocates for numerous multinational corporations and statutory bodies among others. The firm also advises on matters of tender law.

MVKini represents its Indian and international clients regarding industrial relations and service law. before India’s various conciliation and tribunal authorities. The firm regularly advises clients on labour law compliances and on social welfare legislations.

Land acquisition is another of the firm’s core practice areas. MVKini advises and represents clients throughout the process, defending them on concerns around the validity of issued notifications, acquisition procedure and compensations awarded.


Key transactions
Highlights of MVKini’s litigation experience includes:

Successfully represented an electricity distribution major at the Supreme Court in a matter requiring interpretation of provisions of Electricity Act of 2003. This resulted in allowing our client to cross-subsidize amongst its various operations.

Represented Air India in an appeal against the judgment of the National Consumer Disputes Redressal Commission. The outcome of the case is likely to settle new propositions of this law.

Successfully represented the Airports Authority of India to vacate government land that had been unlawfully occupied after the license period expired. The matter was disposed off with an award of Rs500,000 (US$8,000).

M. V. Kini was appointed the Special Public Prosecutor to prosecute the striking Air Traffic Controllers of the Airports Authority of India.

Represented its client in the case about an accident involving a B737-800 Aircraft in May 2010 near Mangalore Airport.

Representing the NHAI before the High Court and Supreme Court in matters involving interpretation of terms of the Concession Agreement for Highways and having financial implication of over 1600 crores.

Represented Brihanmumbai Electricity Supply and Transport in the Bombay High Court regarding a mass strike called by its transport employees that prevented the company from plying its buses. The strike was declared illegal.

Represented the National Highways Authority of India (NHAI) in their case challenging the government of India’s policy decision preventing individuals from participating in the tender process for toll collection.

Successfully defended NHAI before the High Court of Delhi in a matter challenging the award of a concession to construct a national highway in Maharashtra.

Regularly represented, and successfully sought wildlife clearances and approvals to divert forest land in protected areas for non-forest purposes such as tree felling for infrastructure projects of national importance.

Conducted matters before the Central Administrative Tribunal involving the interpretation of the service and recruitment regulations of statutory authorities;

Successfully contested the transfer process of the entire Maintenance, Repair and Overhaul department of Air India to a separate legal entity affecting around 7,000 employees;

Representing the NHAI before the High Court of Delhi in matter relating to Delhi-Gurgaon Expressway and having financial implication of over 1500 crores.


Key People
S.D. Shetty, Sumit Gupta, Tavinder Sidhu and Janardhan Gupta.





S.D. Shetty
Partner

The law firm that S.D. Shetty joined fresh out of law school at Mumbai University in 1987 is virtually unrecognisable to him today. From the tens of clients that the firm had back then, the MVKini of today represents thousands of clients, both in the public and private sector, in several different practice areas across the country.

The partner at the firm has been with MVkini his entire career as a litigation lawyer and specialises in property law, arbitration and documentation relating to agreements, company schemes and property matters. He is also an expert in litigation work in service matters relating to articles 226, 227.

S.D. Shetty has been instrumental in some of the firm’s high profile cases relating to property law. He represented the International Airports Authority of India (IAAI) to help prove their ownership of Mumbai’s Chhatrapati International Airport. The long-running case went from the lower court all the way to the Supreme Court. The decision was given in his client’s favour proving ownership of the property valued at over Rs10bn.

His other landmark cases involved the resolution of the service matter case between the Maharashtra State Electricity Distribution Company and concerned its 12,000 employees. The favourable decision taken in favour of S.D. Shetty’s client in the high court was upheld in the country’s Supreme Court. Whether it is cases relating to infrastructure law relating to highways, airports or family property disputes, his diverse experience in criminal proceedings including in service and property cases of all kinds has served MVKini well.

S.D. Shetty feels that MVKini’s impressive track record over last 10-12 years and its growth to include a new tax department and documentation section will help it cater to the various needs of different organisations. “Our expanding portfolio makes us a one stop shop for clients like multinational companies who can have all their legal needs met once they walk through our door,” S.D. Shetty said.

Practice Areas
Dispute Resolution
Litigation


Contact details
Mumbai office
sd.shetty@mvkini
+91 22 2281 5883


SUMIT GUPTA
Partner

Sumit is the lead partner at the Delhi office with over 13 years experience in major practice areas of MVKini. He has extensive experience in advising clients on general corporate commercial transactions, service and arbitration matters and supervising related litigation at various forums and levels of the Indian court system.



Sumit advises government and private sector organizations on issues relating to service and labour laws apart from other regulatory issues.

Sumit has led several corporate commercial transactions as well as high stake litigation matters involving interpretation of statutes, commercial contracts and tender documents.

He has also advised government bodies in finalisation of model agreements for use in the highway sector.

Over the years, Sumit has advised government and private sector clients in the infrastructure sector. He specialises in the highways, roads, power, railways and aviation sectors. He has been advising clients on issues regarding tenders and contracts. He is also an expert in matters related to concession, EPC and consultancy services agreements. With his experience in the infrastructure sector, he continues to provide advice to the Indian government as well as private entities.

Practice Areas
Dispute Resolution
Litigation
Industry & Labour


Contact details
New Delhi office
sumitgupta@mvkini.com
+91 11 2437 1038


Tavinder Sidhu
Partner

Tavinder is an advocate with the Supreme Court of India. He is qualified to practice as a solicitor in the Senior Courts of England and Wales. Tavinder has active trial experience in mercantile, property, succession and criminal matters. He represents clients on issues relating to government contracts, tender laws and labour & employment related matters.

Tavinder’s expertise extends to arbitration appeals before various courts. He represents clients before arbitral tribunals relating to major infrastructure contracts on both item-rate and Build Operate Transfer bases.






Practice Areas
Dispute Resolution
Litigation
Industry & Labour


Contact details
Delhi office
sidhu@mvkini.com
+91 11 2437 1038


V. Ramaswamy
Senior Advisor

In legal practice since 1997, this Madras Law College graduate also has a post-graduate diploma in company law, banking and insurance law.

In a career spanning 27 years, he has worked in the public and private sector, providing specialised commercial-legal services. He has worked in the legal department for large-sized fertilizer, chemical, boiler, cement and sugar plants. His work included drafting, vetting, negotiation and finalisation of contracts with overseas and Indian parties for joint venture arrangements and transfer of technology, expertise, basic and detailed engineering, procurement of equipment/supplies, inspection and expediting services. Apart from providing contract management services at post-contract stage covering drafting, negotiation and finalisation of agreements with sub-contractors, collaborators and vendors, he also has experience working with construction and project management. He provides in-house legal advice, makes claims, issues notices and demands and takes care of legal correspondences.

Ramaswamy devises strategies and prosecution of claims and disputes through courts arbitral tribunals, appointment and briefing of counsels as well as control and co-ordination thereafter.

He provides legal counsel and provides specialised client services - advice on legal strategy, legal opinion, drafting and vetting of statement of claims, replies and counter statements, counter claims, rejoinders and sur-rejoinders. He makes affidavits, statements and submissions and applications under sections 8, 9, 11, 12, 14, 16, 17, 33, 34 and 37 of the Arbitration and Conciliation Act. He acts as the arguing counsel before arbitral tribunals representing clients in high profile disputes relating to big infrastructure projects all over India.

Practice Areas
Dispute Resolution
Litigation


Contact details
New Delhi office
vramaswamy@mvkini.com
+91 11 2437 1038


JANARDHAN GUPTA
Partner

The government affairs and land acquisition expert has been with MVKini for the last 14 years. A student of STS High School (Minto Circle) and Aligarh Muslim University, Janardhan started his legal carrier representing high profile political figures. He has a solid understanding of the political set-up and the political process across party lines in northern India and has also worked as the personal legal advisor to the Central Cabinet Ministers, helping him organise their social welfare initiatives.

At M.V.Kini he heads the Lucknow and Allahabad offices and handles the land acquisition and real estate/property portfolio in the northern India.

He maintains government relations and has established a network spanning almost every district in northern India. He handles a large number of land acquisition cases on behalf of the National Highway Authority of India.

He is also an expert on real estate property disputes and has been instrumental in amicably settling many family related property matters.

Janardhan has deep understanding of the difficulties faced by businesses especially in the north and is instrumental in overcoming them by bridging the communication gap between the local government/ communities and the corporate India.

Practice Areas
Litigation


Contact details
Allahabad Office
+91 532 242 2199