Sudeshna Guha Roy

Partner
Professional Summary

Practice Areas

  • Commercial Litigation
  • Insolvency Resolution & Bankruptcy

Professional Affiliations

  • Bar Council of Maharashtra & Goa

Office

Mumbai, India

Languages Known

  • English, Hindi, Bengali

Education

  • BLS LL.B, Symbiosis Law School Pune

Contact

  • T. +91 22 2289 9300
  • M. +91 98335 50318
  • E. sudeshna.roy@bharucha.in

Experience

Introduction

Sudeshna is an experienced litigator and has advised and represented clients in a range of commercial causes. She has appeared in fora ranging from the Supreme Court of India, High Courts, and subordinate courts, to tribunals such as NCLT, NCLAT, and RERA. She also represents clients in domestic and international arbitration including institutional arbitration.

Sudeshna has significant experience in addressing litigious mandates relating to land laws, development and redevelopment projects, real estate regulations, and immovable property generally. She is recognised for her experience in mandates requiring expertise with development control regulations and slum rehabilitation in the Mumbai Metropolitan Region.

Sudeshna regularly advises and represents resolution professionals, borrowers, banks, financial & operational creditors, asset reconstruction companies in restructuring and insolvency proceedings.

Her clients include institutional investors and multi-national corporations who seek her advice on non-contentious mandates. She advises them on mitigating risk arising from investment agreements shareholders’ arrangements and also helps structure transactions which allow for robust insolvency resolution.

Indicative Experience

  • Representing and advising several real estate developers in litigation across different fora including the Supreme Court of India, High Courts, and in arbitrations in relation to disputes arising out of their development agreements, joint venture agreements, and disputes with tenants.
  • Representing and advising several financial and operational creditors enforce their claims in (debtor) insolvency proceedings before the NCLT and NCLAT.
  • Advising (debtor and creditor) clients in relation to Insolvency and Bankruptcy Code laws and helping them strategise and implement business reorganisations in context of insolvency proceedings.
  • Representing and advising a client holding secured debt of nearly INR 2000 crores, in a complex multi-party dispute arising out of liquidation proceedings before the Bombay High Court.
  • Representing and advising nearly 200 private high net worth individuals in litigating and then settling their disputes with a developer in relation to their investments in a marquee real estate project in Mumbai. Enforcing the settlement including ensuring distribution of the receivables to financial creditors and ensuring that the project was completed.
  • Representing a large real estate developer in litigation arising out of a joint venture with the Government of Maharashtra undertakings across fora, ranging from the Charity Commissioner up to the Supreme Court of India.
  • Advising several clients in relation to Schemes under Regulation 33(5), 33(7), 33(9) and 33(10) of the Development Control Regulations for Mumbai, and SRA schemes, and cluster redevelopment in Mumbai, including structuring and executing documentation for the purpose.
  • Advising a large real estate company in taking over the operation of an unfinished shopping mall; negotiating and executing various agreements with retailers including license agreements, revenue sharing agreements, business conducting agreements, and lease agreements, and helping the project achieve commercial operation.
  • Representing and advising a real estate developer progress and settled litigation in relation to the construction of a hospitality project, including originating and enforcing settlement documents.