Practice Areas
The Infrastructure Practice group at the Firm is recognised for its in-depth knowledge of sectoral regulations with transactional, financing, and disputes experience and provides holistic advice to our clients. This practice group comprises of transportation, power & energy, ports & shipping, railways, aviation, telecom, water management and sanitation, steel, and social and commercial infrastructure.
Our Infrastructure Practice group blends the expertise across practice areas, and our partners assist holistically in a manner that is adapted to our clients and covers the full spectrum of the legal requirements, including:
- Assisting and advising with bidding for Public Private Partnership (PPP) projects (including advising on India’s first Toll Operate Transfer (TOT) bundle tendered by the National Highway Authority of India (NHAI);
- Advising on complex merger & acquisitions transactions and fundraising in the infrastructure sector including where control changes as a consequence of the transaction;
- Assisting and advising with contract management for EPC, O&M, capital equipment procurement, and other agreements;
- Assisting with raising secured and unsecured debt facilities for lenders and borrowers; and
- Advising on a range of disputes.
Our team has worked with Union and State Government entities, public sector undertakings, multilateral agencies, developers, sponsors and promoters, banks, infrastructure and pension funds, project vehicles, contractors, engineers, operators, investors, lenders, and consultants across the spectrum of infrastructure asset classes.
Our mandates span mergers & acquisitions, joint ventures, project finance, service concession arrangements, development arrangements, PPP projects of various types, engineering procurement construction (EPC) contracts, restructuring, public and private placements, insolvency and bankruptcy, and dispute resolution.
Our multidisciplinary approach and frequent interaction with sector regulators enable us to identify potential issues and structure complex transactions efficiently and allows us to help clients successfully navigate the Indian regulatory framework.
Indicative Experience
- Advising Ogden Energy Group with respect to:
- The Maheshwar Hydel Project (Madhya Pradesh);
- The Bakreshwar Coal Project (West Bengal);
- The Vemagiri Project (Andhra Pradesh); and
- A Lease Renovate Operate and Transfer (LROT) contract for an existing power plant in India.
- Advising Citigroup, Inc. and Natixis with respect to structuring and documenting the purchase of Carbon Emission Reductions issued by SRF Limited and Gujarat State Energy Generation Limited, respectively.
- Advising Suzlon Energy Limited with respect to:
- Tendering for renewable energy projects; and
- Refinancing of its domestic and offshore debt of approximately INR 110,000 million.
- Advising DNV GL Group with respect to various matters regarding certification of renewable energy projects.
- Advising GE Energy Financial Services with respect to:
- Its investment in Greenko Group’s wind energy projects in India; and
- Its investment in the hydro power project on the Teesta river being developed by GATI Infrastructure Private Limited.
- Advising NIIF Infrastructure Finance Limited (formerly known as IDFC Infrastructure Finance Limited) with respect to refinancing of a 32 MW/46.4 MW solar project of CleanMax Photovoltaic Private Limited.
- Advised Tbea Sunoasis Company Limited on setting up a 50-megawatt solar project at Surat, Gujarat under an EPC contract.
- Advised Tata Projects Limited with respect to the setting up of the Bhusawal Thermal Power Project.
- Advising JM Baxi Group with respect to its bids and subsequent documentation for concessions at Vishakhapatnam Port, Paradip Port, Haldia Port, Kolkata Port, and Kandla Port.
- Advising International Cargo Terminals and Infrastructure Private Limited with respect to a joint venture in order to qualify for operation and maintenance tender floated by Kuwait Port Authority at Shuaiba port.
- Advising ICICI Bank Limited (the lenders) with respect to the financing of Dhamra Port in Orissa.
- Advising the Gujarat Maritime Board with respect to:
- Structuring and drafting a model concession agreement for private ports in Gujarat; and
- Drafting and negotiating the concession agreement for Pipavav port in Gujarat.
- Advising Birla Copper with respect to the development of a port in Gujarat.
- Advised HPC Hamburg Port Consulting Gmbh with respect to the Kandla Port Build, Operate, and Transfer (BOT) tender and the Kolkata Port tender.
- Advising Macquarie Group Limited with respect to:
- Its successful bid for the first Toll Operate Transfer (TOT) project tendered by the National Highways Authority of India; and
- Its debt funding from a consortium of Indian banks, led by Yes Bank Limited.
- Advising Valecha Engineering Limited with respect to various matters pertaining to its highway concessions and projects.
- Advising IJM Corporation Berhad with respect to the acquisition of shares of Swarna Tollway Private Limited.
- Advising Metro Tunneling Chennai (Larson & Toubro) with respect to the documentation for the construction of a tunnel from Gundavali (India) to Bhandup Complex (India), shafts, and other allied works, as well as on the sub-contract documents for the Delhi Metro tunnelling project.
- Advising and representing Idea Cellular Limited on various matters including:
- The merger of Vodafone India Limited and Vodafone Mobile Services Limited with Idea Cellular Limited;
- The issue of listed, unsecured, partially paid non-convertible debentures by Idea Cellular Limited to IDFC Bank;
- Before the Competition Commission of India in various competition law matters;
- On transfer of the right to use spectrum in service areas of Gujarat and Bihar by Videocon Telecommunications Limited; and
- The sale of its wholly owned passive infrastructure subsidiary to ATC Telecom Infrastructure Private Limited.
- Advising Buongiorno SpA with respect to the transfer of Buongiorno Digital Innovation India Private Limited as part of global restructuring.
- Advising Macquarie-SBI Infrastructure Fund with respect to its investment in Viom Networks (telecom tower company) and transfer of multiple investments in the infrastructure sector to SBI Macquarie Investment Trust.
- Advising and representing the Reliance-ADA Group and its employees before the Special Court, Delhi High Court, and Supreme Court with respect to the proceedings in the ‘2G Scam’ case.
- Advising Global Cloud Xchange with respect to their application to the Foreign Investment Promotion Board, seeking permission for investment in an Indian company engaged in the telecom industry.
- Advising Exotel Techcom Private Limited (cloud telephony services) with respect to a 100% acquisition of its shares by Twilio, Inc., a listed company incorporated in the United States of America.
- Advising Washington Consulting Group Inc. with respect to its joint venture with Sakthi Aviation Consultancy Services Private Limited regarding setting up of training academies in India for air traffic controllers for the Airports Authority of India.
- Advising French Risk Mutual Fund (FCPR) danone.communities with respect to its various investments in Naandi Community Water Services Private Limited.
- Advising New Earth Bio Remedies Private Limited, a wholly owned subsidiary of Clean Water LLC, with respect to setting up its distribution network in India.
- Advising JSW Steel Limited with respect to its acquisition of the entire shareholding of Praxair India Private Limited in JSW Praxair Oxygen Private Limited.
- Advising Srei Infrastructure with respect to:
- The legal vetting of bid documents pertaining to the development of customized fertilizer plant in Aurangabad, Maharashtra;
- The draft development agreement for the Mussoorie Dehradun Development Authority (MDDA) Aquarium Project; and
- The draft development agreement pertaining to the development of an integrated housing project at Cuttack, Odissa.
- Advising JSW Ispat Special Products Limited with respect to environmental and regulatory compliance claims regarding capacity expansion of the works at Dolvi.
Testimonials
Highly qualified team acting on the full range of corporate matters including M&A, foreign direct investment and joint ventures. Provides general corporate advice to major companies, financial institutions and investors on both the sale and purchase sides. Provides support to private equity and venture capital entities as well as target companies on the entire life-cycle of investment and fund issues. Handles fund formation, management buyouts, minority and controlling-stake acquisitions and a range of follow-on transactions. Notable ability in the financial services, telecommunications, logistics and energy sectors.
They are very thorough, proactive and knowledgeable.
They are a competent team, very capable.
They are customer centric and respond in detail to points raised or opinion sought. They are not ambiguous in their response.
MP Bharucha is lauded by market sources as “one of the leading lawyers in the country” who “has been on the top of his game for a long time. Active on a range of commercial disputes, he maintains a particularly high reputation as a litigator in the Mumbai market.”
Alka Bharucha “boasts a stellar reputation in corporate transactions. She is renowned for her expertise in cross-border M&A as well as her proficiency in providing advice on general corporate issues, in particular within the power, telecommunications and banking sectors.”
Hiroo Advani “is highly sought after for the breadth of his experience in arbitration issues. He often takes on cases in the energy, infrastructure and construction sectors.”
Justin M Bharucha “specialises in foreign direct investments in highly regulated sectors. He is regularly active on complex cross-border transactions, utilising his deep knowledge of inbound and outbound M&A.”
Vandana Pai “commands a strong reputation among market commentators, who praise her excellence in providing assistance with private equity transactions. Her clients are effusive with praise, with one reporting: ‘She foresees business and legal issues and is very proactive in addressing potential concerns.’
We receive top-notch partner time. They are realistic in negotiations, which results in the work being handled faster in a more congenial atmosphere.