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Sankhla & Associates-Firm Profile-2020-sept

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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
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OFFICE:
24 C, Shatabdi Vihar, SECTOR 61, NOIDA, UP
CCH
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GA
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OFFICE:
Flat No. 1470, Progressive Enclave, Sector 50-B, Chandigarh
IIN
NTTEERRN
NA
ATTIIO
ON
NA
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BOSTON:
8, Bucklin Road, North Andover, M.A., Boston, U.S.
Ω New Jersey
Ω New York
Ω Boston
O
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WEEBBSSIITTEE
www.sankhla.in
Private and confidential
Ω Andover
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