MVKini has extensive experience in legislative drafting and has drafted new provisions and identified the provisions for the amendment of the Merchant Shipping Act, 1958. The Firm is currently in the process of drafting the Airport Development Fees Rules for the Airports Authority of India and Airport Economic Regulatory Authority.
Key Assignments
Over the years MVKini has handled numerous prestigious assignments.
- The Firm is part of the panel for the Mumbai Port Trust as well as the Shipping Corporation of India. It handles all types of litigations and other documentation and opinion issues for the two organisations.
- MVKini advised the Shipping Corporation of India in its dispute with a JV Company. The case had international legal ramifications because it involved interpretation of the governing documents. The Firm also advised the Corporation on the case’s consequential implications on international loan commitments. Apart from interpreting agreements and participation in dispute resolution, the Firm has rendered legal opinion on various issues relating to corporate laws and de-merger.
- It advised on the issue of Tax-Free Secured Redeemable Non-Convertible Bonds on the nature of debentures having tax benefit under Section 10(15)(iv)(h) of the Income Tax Act, 1961. The case involved leading Port Trust’s revenue of US$322 million in the 2012-13 fiscal year. The assignment involved carrying out due diligence, drafting offer documents and other transaction related documents, legal opinion, discussions and meetings with lead managers (merchant bankers), SEBI officers etc.
- The Firm assisted in the drafting and execution of a “Memorandum of Agreement” for the purchase of a vessel for one of its clients.
- It vetted an agreement to design, build and launch a ship for its client and to equip a 3,000 dead weight ton mini bulk carrier through ship building contractors based in China.
- The Firm drafted the supplementary agreement to a shipbuilding contract for the construction of a 300 dead weight ton mini bulk carrier for a client.
- The Firm vetted a time charter agreement for another client.
- MVKini vetted a Memorandum of Understanding for the provision of two self-propelled barges on a time-share basis by a client. The charter facilitated the smooth barging of cargo operations at the outer Kandla Port in Gujarat, India.
- It advised clients in the preparation of a proposed Memorandum of Understanding for sub-contracting services provided to the appointed contractor in a prestigious project in respect of single point mooring support vessel operations at Bhogat in the Indian state of Gujarat.
- The Firm drafted the consulting services agreement between a client and their consultant for the provision of technical expertise and experience with respect to barge, coastal and inland operations and lighterage.
- It drafted the show cause notice and the winding up of a company petition on behalf of its client for the recovery of outstanding dues for the barge operations undertaken by the Client.
- It drafted and identified the provisions for the amendment of the Merchant Shipping Act, 1958. It carried out legislative gap analysis in the existing Merchant Shipping Laws/ Rules to implement the Maritime Labour Convention of 2006.
- The Firm drafted the proposed Merchant Shipping (Cargo ship-Construction and Survey) Rules of 2010 for the Directorate General of Shipping, Ministry of Transport and Shipping in supersession of the Merchant Shipping (Cargo Ship-Construction and Survey) Rules of 1991. This was done in accordance with rules pertaining to International Convention for the Safety of Life at Sea (SOLAS) of 2009.
Key People Anil Kumar Saxena