Firm Profile Sankhla & Associates 2020 Sankhla & Associates Commercial and Corporate Law Firm Delhi Offices at: N-252, 2nd Floor, Greater Kailash Part One, New Delhi-110048 & A-10/13, Vasant Vihar, New Delhi-110057 Chamber: 354, Lawyers’ Chamber, Delhi High Court, Sher Shah Suri Marg, New Delhi110003 Phone: 91 11 46597475, 91 9871236666, 91 9810901009 __________________________________________________ Delhi Gurugram Chandigarh NOIDA Prayagraj Mumbai Boston New York Private and confidential Sankhla & Associates was established in 1999 as a full-service law firm with offices and tie-ups in every major city in India and presence in New York, New Jersey, Boston and Andover, USA. Our network of Alliances, Partners and Associate Partners gives the benefit to the clients of a single window service provider, to deal with all kind of matters across the country and abroad under one umbrella. With a large team of professionals led by a significant collegium of Partners and Associate Partners, the firm advises leading companies (both domestic and international), financial institutions, and governments on a wide array of matters ranging from Corporate M&A, private equity, capital markets, banking and finance, projects, infrastructure and energy, tax, regulatory and policy and disputes and litigation. Our areas of practice include Corporate & Commercial, Corporate Restructuring & Insolvency, Regulatory, Banking, Employment, Dispute Resolution through Arbitration and Mediation, Intellectual Property and Criminal. Some of the sectors we assist in are Infrastructure & Energy, IT, Outsourcing, Media & Broadcasting, Real Estate, and Telecommunication. The firm represents a large number of business houses across the country as also a couple of transnational entities, multinational corporations, banking & financial institutions, public sector undertakings, various ministries and state and central government authorities, NGOs as well as individuals. The firm’s expertise coupled with effective, timely and practical solutions are the factors which are predominant in choosing the firm by the clients. The firm has a team consisting of dedicated professionals including lawyers, Chartered Accountants, Company Secretaries and Management Consultants who are result driven. The firm believes in the importance of partners’ involvement and accessibility to its clients. Private and confidential Kapil Sankhla Managing Partner Registration No. D-2630/1999 Mr. Kapil Sankhla is a well-known lawyer for making winning strategies for politicians and companies and is also in the limelight for his arguments and Court craft1. He is an arguing counsel who is regularly engaged by solicitors and lawyers and to represent a certain point of view by politicians, industrialists and think tanks. Mr. Sankhla has vast experience of handling criminal as well as public interest cases and representing NGOs and Think Tanks all the way to the Hon’ble Supreme Court of India2. Mr. Sankhla is an alumnus of Faculty of Law, Delhi University. He started practicing in 1999 handling political and criminal matters of national magnitude. He has represented various politicians, industrialists and even the Government of India in highly sensitive matters, in India and abroad. Mr. Sankhla is a regularly featured and well known face on national media as a legal expert and is known for his clear and broad point of view.3 As an internationally recognized lawyer, he successfully lobbied for reduction in age for juvenile offenders in cases of rape and heinous crimes.4 He was one of the panelists in the India Today’s Big Lawyers Roundtable on the issue of four senior most Judges of the Hon’ble Supreme Court.5 Last but not the least, Mr. Sankhla has been titled the coveted SUPERLAWYER in the year 2016.6 1 http://zeenews.india.com/news/nation/geetika-sharma-suicide-case-court-grants-bail-to-gopal-goyalkanda_ 915671.html 2 https://economictimes.indiatimes.com/news/politics-and-nation/cng-kit-makers-can-register-online-fromtomorrowgovernment-to-high-court/articleshow/55604129.cms 3 http://www.millenniumpost.in/not-a-criminal-desire-51170 4 https://www.youtube.com/watch?v=Z6c-OXjcKxA 5 https://www.indiatoday.in/india/video/roundtable-debate-implications-of-senior-sc-judges-revolt-against-cji-1144731-201801-14 6 https://superlawyer.in/kapil-sankhla-founder-sankhla-associates-litigation-managing-firm/ Private and confidential Mrs. Meghna Sankhla Senior Partner Registration No. D-811/2001 Mrs. Meghna Sankhla is a qualified lawyer having more than decade and half experience practicing in various appellate forums. A Merit holder from Pune University in the year 2001 and having enrolled with the Bar Council of Delhi the very same year, she began her practice under the guidance of her father Mr. S.P. Mital who being in expert in arbitration, consumer and taxation laws, mentored her in various aspects of law. She has extensive experience as an Appellate Lawyer and is a known face in the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and National Consumer Dispute Redressal Commission, National Company Law Tribunal inter alia. Mrs. Meghna Sankhla, is the Senior Partner of Sankhla & Associates and manages the Corporate, Consumer, Banking, Property Taxation, Arbitration and advisory work within the Firm. Mrs. Meghna Sankhla has also been the elected representative in the Executive Committee of the Delhi High Court Bar Association (DHCBA) in the year 2014. She is widely sought as a member or to chair Internal Complaints Committee and as advisor on Vishaka Guidelines. As the empaneled counsel for various insurance companies she regularly with various facets of consumer law including insurance, medical negligence, accident and other claims. She is regularly sought as an expert in consumer matter, insurance matters, property tax issues as well as her out of the ix thinking in contracts and contract negotiations. She has also handled International Arbitrations in Singapore and London for the Petroleum Ministry (MoPNG) and several individual and Corporate clients. She has extensive experience in handling matters relating to various aspects of Arbitration, Company laws, Mergers, Acquisitions, Winding up etc. Conversant in handling matters in various fields relating to property, labour matters, writs etc. She holds a degree in B. A. (H) Economics and is a Merit holder from Pune University in L.L.B. She has been Amicus Curie for the National Consumer Disputes Redressal Commission for several years. She is a member of the Supreme Court Bar Association, Delhi High Court Bar Association, Saket Courts Bar Association, Indian Council of Arbitration inter alia. Private and confidential Our Practice Areas and Focus Sectors * In alphabetical Order a) AEROSPACE Sankhla & Associates has immense experience in handling matters pertaining to the aviation sector. The firm has handled prestigious matters in India and abroad negotiating wet and dry aircraft leases to handling disputes with maintenance agencies. The firm has also handled innumerable legal disputes from labour to employment issues, to recoveries to drafting various contracts. We have been part of Sexual Harassment committees and other committees specifically created for the aviation industry. Significant amongst our clients are national airlines like SpiceJet Ltd, Jagson Airways, Alchemist Air, MDLR Airlines including many regional airlines, which we have helped over the years. b) ARBITRATION & DISPUTE RESOLUTION In its endeavor to a speedy resolution of disputes the firm actively handles arbitration as an effective mode of Alternate Disputes Resolution. Our counsels have and continue to handle arbitrations and also act as arbitrators enlisted with the Indian Council of Arbitration. The firm handles and takes pride in associating itself with experts in matters relating to Finance, Oil & Gas, Property Disputes, Construction & Infrastructure, Government Contract, Real Estate, Aviation, Insurance, Mining etc. Counsels of the firm are members of the Indian Council of Arbitration. We take pride in handling high stake arbitrations from their very inception. The firm is adept to provide complete services as regards Arbitration and Conciliation including drafting of agreements, invocation of arbitrations, mediating for dispute resolution, suggesting arbitrators as per the need and disputes involved in matters inter alia filing appropriate applications, petitions, statements of claim and all related drafting required in the proceedings all directed towards a speedy and effective resolution of matters for our clients. The firm has also been advising several of its clients on several domestic and international arbitration related matters, including international arbitrations before the Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC) etc. The firm handles arbitration at both domestic and international levels. We have not only represented individuals, Corporates, Multinationals but also handled multi-million stake arbitrations for the Government of India including the Ministry of Petroleum, Aviation Industry inter alia in Singapore, London and India as well as arbitration’s pertaining to Infrastructure and Construction against Government of India. c) BANKING AND FINANCE The firm endeavors to provide all advisory and legal solutions to matters relating to banking and finance. The SARFAESI Act, gives unfettered powers to the banks enabling them to take immediate possession of properties of defaulters as per Act. We represent various individuals, infrastructure companies, banks and financial institutions, borrowers, lenders etc. Our services include drafting of various finance related documents inter alia loan agreements, credit and security documentation, legal opinions, term-sheets, share purchase agreements amongst others. Our firm handles all kinds of issues and matters pertaining to the SARFAESI ACT, the petitions in the DRT, DRAT, High Courts and the Supreme Court of India. d) CAPITAL MARKETS & SECURITIES Our team comprise of dynamic lawyers, Chartered Accountants, Company Secretaries and Board Advisors that have built a reputation in handholding young startups and established businesses. We help our clients from preparatory checks, preparatory restructuring and step by step due diligence advisory. We have immense experience in dealing with SEBI on various issues and disputes. Private and confidential e) COMPLIANCE AND RISK GOVERNANCE From Data Protection and Privacy to Confidential Information Contracts, from labour dispute assessments to sexual harassment compliances, Sankhla & Associates is forerunner in risk mitigation, compliances check lists and advisory. Our team of highly qualified and experienced professionals works diligently with client's corporate compliance team to set up tailor made compliance programs and audits, conducts risk assessments and workshops. Our specialised team and associates handle effective corporate compliance, risk management advisory and broad issues of corporate governance. f) COMPETITION AND TRADE LAW Sankhla & Associates provides advice to clients on competition law and trade related matters. Competition law and trade law related aspects govern the manner in which companies compete, market, distribute their products, price their goods and services, deal with customers, suppliers, distributors, wholesalers, retailers etc. The firm is engaged in providing legal advice and services to clients (across sectors) in relation to competition law related matters, including on anti-competitive agreements etc. g) CONSUMER DISPUTES Sankhla & Associates is a regular face in NCDRC as well as lower consumer forums. The firm has handled substantial number of matters for some of the largest consumer companies in India as well as major construction companies. Likewise, we have advised hundreds of home buyers who have lost here investments due to delayed housing projects or where the builder has failed to handover the flats. Substantial amongst our clients are Life Insurance Company (LIC), Sriram Life Insurance Company Ltd etc. h) CRIMINAL LITIGATION The firm’s strength lies in its criminal litigation wing. Mr. Sankhla is a well-recognised criminal litigator having handled matters such as Urea Scam to strategising entire bail and trial of ex Home minister of Haryana. The firm specialises in white collar, financial and fraud cases and is regular in various foras handling bails, quashing and litigation. Sankhla & Associates has handled anti corruption matters from its inception to appellate stage. i) ENVIRONMENTAL LAW Sankhla & Associates is at the forefront in this emerging area of legal practice and has handled nation changing cases pertaining to CNG and petroleum laws. Our services include advising on structuring of the transaction, advising on related Indian laws, conducting due diligences, advising on transaction agreements and other related documentation. We have been advising on diverse legal and regulatory issues and giving advice on Indian laws. Significant work handled by Sankhla & Associates has been in automotive sector, CNG Laws and hospitality industry. j) EMPLOYMENT, LABOUR AND SEXUAL HARASSMENT COMPLIANCE The firm has handled whetting and drafting of contracts for various levels of employees and other related contracts and documentation like employee bonds, Non-Disclosure Agreements, NonCompete Contracts specially crafted for small and medium enterprises (SME). Our team has also advised clients on labour issues, labour and employee management, as well as sexual harassment cases and ways to avoid them. For this purpose, the firm regularly ties up with NGOs undertakes regular assignments with employees, senior management etc. to avoid such issue. The firm has also made template check lists to help our clients discover bottle necks and red herrings Private and confidential to mitigate and manage issues relating to labour disputes, employment issues and sexual harassment cases. K) ENERGY AND PETROLEUM We have been advisors to private players as well as the government in the energy and petroleum sector and have advised major stakeholders in clean energy segment. Apart from advisory and compliances, we have handled International arbitration’s in London and Singapore including for the Government of India, for Ministry of Petroleum and Natural Gas. l) INFRASTRUCTURE Sankhla & Associate typically acts as the lead legal counsel in the projects it is retained for and has handled several infrastructure developments projects in various sectors. Sankhla & Associates has traditionally been the leading law firm in India with a recognized market leading practice in the infrastructure sector. We have extensive practice in NCLT and other forums. Sankhla & Associates has advised and worked for several large infrastructure companies in India and overseas, significant amongst them being Fortune 500 companies like CH2M HILL, fortune 200 company Jacobs Engineering Group, and Indian companies like Era Infra Engg. Ltd. m) INSURANCE Sankhla & Associates is well placed to assist and advise clients on complex legal and commercial issues relating to the Insurance sector in India and share its expertise on current and emerging industry issues. Sankhla & Associates has the expertise in drafting, reviewing and negotiating transaction documents such as joint venture/share purchase agreements, licensing agreements, distribution agreements, outsourcing agreements, etc.; assisting clients in obtaining regulatory approvals. Sankhla & Associates also has the expertise to advise insurance companies on rules and regulations issued by IRDA relating to the operations and management of insurance companies in India such as outsourcing of certain functions by insurance companies, soliciting of insurance business by insurance companies and intermediaries, advertising by insurance companies and intermediaries. Sankhla & Associates advises many companies like CS Insurance Brokers Ltd. and insurance has significant presence in NCDRC and High Court for many of its clients like Life Insurance Corporation, Sriram Life Insurance Company etc. n) INTELLECTUAL PROPERTY Sankhla & Associates provides comprehensive IPR services including transaction assistance, prosecution and litigation. Sankhla & Associates also has the expertise to advise on areas that directly or indirectly touch upon IPR, such as Trade-marks; Copyrights; Patents; Designs; Trade-secrets; Geographical Indications; Domain Names; Franchising; Anti-counterfeiting; Passing-off; Infringement; Disparagement & Unlawful Competition; Publicity and Celebrity Rights; Cyber and Computer Law; Advertising and Media Law. Sankhla & Associates has also handled several transactions which includes IPR Assignment Agreements; IPR Licensing Agreements; Technology Transfer Agreements; Web Designing, Hosting and Maintenance Agreements; Technology Licensing Agreements; Technology Transfer Agreements; Software Development Agreements; Broadcasting Agreements; Web Development Agreements; Registered User Agreements, Software Licensing Agreements; E-Commerce Agreements etc. o) INSOLVENCY AND BANKRUPTCY The firm provides complete Corporate and Commercial services including advisory and litigation services before the NCLT, NCLAT, High Courts, Supreme Court and other forums throughout India. We represent various individuals, corporates, builders and other entities too. Our team gets into the core of intricate financial issues, guiding on financial matters, strategise and deal with Private and confidential complex issues. We provide insightful suggestions and thought over solutions. Highly qualified, multi tier professionals with specialized knowledge in IBC understand that there are situations when a distressed business can be rescued, rehabilitated or reorganized to enhance value. Our restructuring and insolvency team helps maximize values, protect businesses or investment and formulate strategies, which can guide the clients through the statutory process of bankruptcy or liquidation under IBC. We work together with clients whether debtors in default or creditors to identify, adopt and implement the best resolution mechanisms. p) IT AND E-COMMERCE In a world where businesses and consumers alike are worried about Data theft and privacy laws, we advise our clients on protection against data theft and the best possible modes of resolution. Data theft is one of the most common problems faced by the companies today. We assist our clients in drafting agreements in the IT domain space including contracts pertaining to software licensing, support management website development agreements and help IT companies protect their intellectual property and undertake information technology related compliance. We advise our clients on cyber laws, Indian Information Technology laws, data protection, IP protection, e-commerce, etc. Sankhla & Associates is well versed with the cyber laws, data protection and information technology laws and have handled various serious and sensitive matters in India, Singapore and USA. Our lawyers represent clients in all forums including trial Courts, tribunals, High Courts and the Supreme Court in matters as diverse as IPR related disputes, disputes relating to contracts and domain names to litigation pertaining to internet fraud, hacking, privacy and security related issues etc. q) LITIGATION Sankhla & Associates provides multi-disciplinary, multi-level and multi-forum wide scale litigation services on commercial, criminal and civil side of law and is renowned for its strategies and litigation practice. Significant amongst our clients/ work has been representing North Delhi Municipal Corporation of Delhi (NDMC), Delhi Development Authority (DDA), Gas Authority of India (GAIL), Federation Of Indian Chambers Of Commerce And Industry (FICCI), etc. r) MEDIA AND BROADCASTING When it comes to media and entertainment, the range of services provided by Sankhla & Associates is extensive. We thrive in crafting innovative legal solutions give personalised attention to all aspects, from IPR protection, to contracts and agreement negotiations, to advising on issues pertaining to corporate law, information technology law and taxation. Few of our significant clients in the domain space are Haryana News, Balle Balle, STV erstwhile Jain TV, CVoter News Services Pvt. Ltd. etc. s) MERGER, JOINT VENTURE AND ACQUISITION Our experienced M&A team has expertise to handle complex inbound and outbound transactions with multi-jurisdictional focus across a diverse range of industries. We conduct Legal Due Diligence and Drafting and negotiating the term sheet, structuring of the transactions to complete conveyance and deed drafting and from advisory for completion of conditions precedent to post-closing compliances as required. Sankhla & Associates has advised and handled drafting and negotiating transaction documents, advising on diverse legal, regulatory and compliance related issues, obtaining governmental and regulatory approvals, advising on Securities Exchange Board of India (SEBI) rules and regulations, advising on risk factors and risk allocation, Our significant work has been handling major transactions in automobile sector, retail and organic products sector. Private and confidential t) REAL ESTATE Sankhla & Associates is a well-known name in the real estate sector, having advised some of thanks most well-known companies in the domain space. We have extensive practice is HRERA, NCLT, NCLAT, Company Courts on the litigation side and are regularly engaged to negotiate, create and whet various contracts. Significant work done in real estate by Sankhla & Associates is in hospitality sector for hotels, restaurants, pubs and eateries, in franchise and sales outlets like US Dollar Store and Republic of Chicken, and for property development companies like MDLR Group, Adel landmark Ltd etc. u) RETAIL AND FRANCHISE We have extensive retail and wholesale trade practice including advising clients running brick n mortar stores, online trading /e-commerce for regulatory and legal provisions governing the business and have handled structuring of partnerships / joint ventures and assists in drafting, negotiating and finalising related agreements. Our team has handheld several clients to nurture their retail and franchise vision, including Us Dollar Store (Retail Chain), Republic of Chicken (RoC), Alchemist Food And Beverage Ltd. etc. v) SHIPPING AND MARITIME With our presence in Goa, Mumbai and Port Blair (Andaman and Nicobar Islands) Sankhla & Associates has a strong presence in Shipping and Maritime laws. We have successfully strategized, filed and argued matters pertaining to offshore casinos in Goa as well as drafted sand negotiated contracts for ships in Goa as well as Port Blair. Significant work done by us has been for the casinos in Goa. w) START UP AND VC FUNDING Sankhla & Associates has been handholding many startups over the years. With its offices and tie ups in New York and Boston, we are perfectly placed to advise clients from inception of the idea to protecting its IPR, advising on copyright, trademark and even patent issues and introducing them to venture capitalists and angel investors. x) TAX LAWS Real-estate transactions in India are controlled by many tax regulations. Sankhla & Associates advises clients about applicable taxes while buying or selling property, and the component of taxes applicable while retaining property. Our team also handles challenges and disputes, which may have to be raised to challenge the tax calculations by the authorities. Significant amongst our clients are star hotels, Federation Of Indian Chambers Of Commerce And Industry (FICCI) etc. y) TELCOM The firm practices both in the regulatory sphere and litigation and has advised clients pertaining to matters in Telecom Regulatory Authority of India (TRAI) and the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), arbitral tribunals, the High Courts and the Supreme Court of India. The team also advises clients on issues pertaining to use and import of tele- communication equipment, agreements negotiation and drafting, license fee payment as well as Registration of Service Providers with the appropriate Authorities. The team has successfully handled inter-alia issues pertaining to transponder payments before the Directorate of Revenue Intelligence (DRI) and other related issues for its clients. Private and confidential OUR CLIENTS 7 He has represented various corporate clients some of the Ministry of Petroleum and Natural Gas in several International arbitrations and has represented the DGH in Singapore and London. Ministry of Petroleum and Natural Gas (MoPNG) Gas Authority India Ltd. (GAIL) Federation of Indian Chambers of Commerce and Industry (FICCI) Institute of Town Planners India (ITPI) Life Insurance Corporation of India (LIC) DDA (Delhi Development Authority) DSIDC (Delhi State Industries Development Corporation) Sriram Life Insurance Company Limited MDLR Group of Companies Waqf Board (Chandigarh) DHI (India) Water & Environment Ltd. CH2m Hill (India) US Dollar Stores Republic of Chicken Spicejet Ltd. Era Group of Companies Adel Landmarks Pvt. Ltd. Kotak Insurance Almondz Global Securities Ltd. Alchemist Group Institute of Town Planners India Indian National Press Pacific Business Centre British Education Centre …And various others Professional Memberships Federation of Indian Chambers of Commerce and Industry (FICCI) Society of Indian Law Firms (SILF) International Council of Jurist Delhi High Court Bar Association (DHCBA) Delhi Bar Association (DBA) Supreme Court Bar Association (SBA) Indian Council of Arbitration (ICA) …amongst others 7 The list of our clients is dynamic and may change from time to time and thus indicative. Private and confidential Contact Us: D DEELLH HII PRINCIPAL OFFICE: N-252, Second Floor, Greater Kailash Part One, New Delhi Phone: 91 11 46597475, 91 9871236666, 91 9810901009 BRANCH OFFICE: A-10/13, Vasant Vihar, New Delhi Phone: 91 11 26140280, 91 11 40392459 CHAMBER: 354, Lawyers’ Chambers, Delhi High Court, Sher Shah Suri Marg, New Delhi Phone: 91 11 23381142, 91 11 23387262 U UTTTTA ARR PPRRA AD DEESSH H OFFICE: 24 C, Shatabdi Vihar, SECTOR 61, NOIDA, UP CCH HA AN ND DIIG GA ARRH H OFFICE: Flat No. 1470, Progressive Enclave, Sector 50-B, Chandigarh IIN NTTEERRN NA ATTIIO ON NA ALL BOSTON: 8, Bucklin Road, North Andover, M.A., Boston, U.S. Ω New Jersey Ω New York Ω Boston O OU URR W WEEBBSSIITTEE www.sankhla.in Private and confidential Ω Andover