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, various 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 Act, 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. Mr. M. V. Kini is the Standing Counsel for many Public Sector Undertakings before various High Courts and the Supreme Court of India. The Firm is on the panel of advocates for numerous multinational corporations and statutory bodies among others.

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. The Firm also advises on matters of tender law.

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


Key transactions


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 leading aviation company in an appeal against the judgment of the National Consumer Disputes Redressal Commission.

Successfully represented the Airports Authority of India to get the government land vacated that had been unlawfully occupied after the license period had expired. The matter was disposed off with an award of Rs. 500,000 (US$8,000).

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

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

Represented 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 Rs. 1,600 crores.

Represented leading power distribution company in the Bombay High Court regarding a mass strike called by its transport employees that prevented the company from plying its buses and got the strike declared as illegal.

Represented 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.

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


Key People
M.V. Kini, 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 in service matters relating to Articles 226 and 227 of the Indian Constitution.

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 its 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 Rs.10bn.

His other landmark cases involved the resolution of the service matter between the Maharashtra State Electricity Distribution Company and its concerned 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 or highways, airports or family property disputes, his diverse experience in criminal proceedings including service and property cases of all kinds has served MVKini well.

Practice Areas
Dispute Resolution
Litigation


Contact details
Mumbai office
sd.shetty@mvkini
(91) 22 2261 2527


M. V. Kini
Founder

M.V. Kini's desire to build something of his own and his passion for law inspired him to turn his back on a promising career in banking and turn to criminal law. Started out of one office with four employees in Mumbai back in 1978, MVKini has now grown its operational base to 16 locations around India with more than 150 employees.

The Firm's portfolio has grown and diversified over the years and now includes practitioners in corporate, banking, finance, environmental, consumer finance, infrastructure, customs and international business taxation law. This growth is fuelled by M.V. Kini's ability to always see the bigger picture and stay ahead of the curve - recognising up and coming sectors in the Indian market and providing legal assistance to industry pioneers. Whether it is aviation, infrastructure or, more recently, banking and environmental law, the Firm's success has hinged on this key ability.

M.V. Kini is on the panel of lawyers representing the Airports Authority of India (AAI) and has personally represented AAI in several landmark cases. From coming up with innovative solutions to end a standoff between the AAI and the Mumbai municipality, effectively resolving the issue of the unionisation of the air-traffic control department to ending the aviation company's pilot strike, M.V. Kini is widely recognised as one of the foremost experts in aviation law in the country. M.V. Kini is also recognised as an expert in prosecuting white collar crimes. He has led several high profile prosecutions in fraud cases in banks, both nationalised and private, including against cover-ups of scams in the financial sector in general.

In recent years he has represented various international business interests in India, helping them navigate the often-daunting legal and infrastructural set up in the country.

Working with pan-India entities like the National Highways Authority of India has in part led to the Firm's expansion in operations throughout the country. MVKini now also represents more than 63 international and local banks and in excess of 100 public sector undertakings. Drawing on his background and interest in banking he is the author of two books on the Negotiable Instruments Act, 1881 and a separate practical guide for bankers dealing in consumer finance.

The Firm's expansion has been characterised by a streamlining of the corporate management with the appointment of professional business administrators to oversee operations, leaving lawyers to get on with advising clients. As India grows and finds its place in a rapidly shrinking world, M.V. Kini is driving the Firm's evolution. With the largest network of offices of any Indian law firm, MVKini provides a full service offering to its clients. ''Our goal is to provide complete legal cover for our clients' various needs. So that when they come in to our offices, they know their legal issues, no matter how diverse they may be, will be taken care of,'' said M.V. Kini. ''So the next five years will be very crucial to those growth plans.'”

Practice Areas
Corporate and Commercial
Banking & Finance
Litigation
Aviation
Project Finance in Infrastructure
Shipping and Maritime


Contact details
Mumbai office
mvkini@mvkini.com
+91 22 2261 2527


SUMIT GUPTA
Partner

Sumit is the lead partner at the Delhi office with over 17 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. 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
Infrastructure
Project Management
Litigation
Arbitration
Industry and Labour
Dispute Resolution
Government Affairs


Contact details
Delhi office
sumitgupta@mvkini.com
(91) 11 2437 1038/1039/1040


Tavinder Sidhu
Partner

Tavinder is an Advocate on Record with the Supreme Court of India and is qualified to practice as a Solicitor in the Courts of England and Wales. Having active trial experience in mercantile, property and banking matters, he currently represents clients on issues relating to government contracts, tender laws and labour & employment related matters.

He regularly represents clients in the matters before Supreme Court and other Authorities seeking wildlife clearances and approvals to divert forest land in protected areas for non-forest purposes like infrastructure projects of national importance.

Tavinder's expertise extends to arbitration appeals before various courts. He represents clients before arbitral tribunals relating to Civil Engineering Contracts on both item-rate and Build Operate Transfer bases.






Practice Areas
Infrastructure
Environmental Law
Industry & Labour
Land Acquisition
Dispute Resolution
Government Affairs
Litigation
Aviation


Contact details
Delhi office
sidhu@mvkini.com
(91) 11 2437 1038/1039/1040


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 good 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 them 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 NHAI.

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
Project Management


Contact details
Delhi office
(91) 11 2437 1038/1039/1040