Practice Areas
We are one of the few firms in India with a stand-alone Governance, Ethics, and Anti-Corruption Practice which addresses defence and prosecution. We are recognised for our capacity to work together across our Transactions and Disputes Practice Groups to deliver seamless advice and representation to mandates concerning white collar crime.
Our expertise is recognised, and our advice is sought by clients ranging from market participants, to investigating agencies to other practitioners.
The Firm is known for its ability to quickly and comprehensively review facts, including by assisting with reviews and forensic exercises internal to our clients, and to develop innovative and successful strategies to effectively defend and protect our clients. The fact that we appear in-person adds to our capacity to efficiently execute the strategies which we develop.
We engage with clients under various circumstances. In some instances, we are engaged when a client apprehends an investigation or prosecution. In others, we are engaged pre-emptively to review management and operations and help develop and devise protocols which ensure compliance with law and ring fence risks.
Our engagement often commences at the investigation stage before a charge is framed. We help clients to provide relevant information to the investigating agencies with the, often successful, profilective intent to preclude adverse action against our clients. Where prosecution nonetheless commences, the work done at these early stages ensures that our client has a robust and holistic defence in place from the investigation stage.
Of course, we are also engaged after prosecution has commenced and, in some cases, only when an appeal against conviction is preferred.
We are increasingly mandated to help clients implement robust governance and compliance solutions which help them monitor and prevent inadvertent lapses and ring-fencing liability which may inadvertently arise. These mandates extend to compliance advisory, advisory on complex investigations, and for conducting internal investigations. Where required, our lawyers work closely with forensic experts and counsel qualified in other jurisdictions.
In all cases we appear before fora, including trial courts, across India. Our practice model of holistic lawyering ensures that lawyers across practice areas and sector support groups work together seamlessly to provide solutions tailor-made for each client ensuring best-in-class compliance models which do not compromise on the efficiency of client operations.
Indicative Experience
- Representing and successfully defending Unitech Wireless (Tamil Nadu) Private Limited in the 2G spectrum case, CBI v. A. Raja, in a trial. The litigation relates to the issuance of ‘telecommunications unified access licenses’ by the Government of India, allegedly resulting in loss of revenues to the national exchequer ranging from INR 300 billion to INR 17,600 billion.
- Advising and representing a high net worth individual in:
- Prosecutions arising out of the coal block allocation scam initiated by the Central Bureau of Investigation and subsequent appellate proceedings; and
- The Directorate of Enforcement proceedings initiated under the Prevention of Money Laundering Act, 2002.
- Advising and representing an Indian Company and its promoters in the prosecution initiated by the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002 regarding allocation of a coal block under the government route.
- Advising and representing an international cement company in a criminal complaint against Indian and foreign nationals for economic offences committed across jurisdictions, including India, invoking the extra-territorial jurisdiction provisions of the Indian Penal Code.
- Advising and representing a liquor manufacturer in the investigations launched by the Central Bureau of Investigation and the Directorate of Enforcement as regards the irregularities in the framing and implementing of the Excise Policy of NCT of Delhi for the period of 2021-22. The allegations pertain to corruption, kickbacks, and misdeclaration to the Excise Department and money laundering.
- Advising and representing HNIs in investigations launched by the state police and the Directorate of Enforcement as regards the illegal mining and transportation of stone in the state of Jharkhand.
- Advising and representing a leading auditing firm in a prosecution initiated by the Central Bureau of Investigation against the erstwhile promoters of DHFL (now Piramal Capital and Housing Finance Limited) in respect of diversion of funds obtained by DHFL from banks.
- Advising and representing private equity funds in investigations and prosecutions launched by the police and Directorate of Enforcement as well as in connected proceedings before various tribunals, High Courts, and the Supreme Court of India under the Foreign Exchange Management Act, 2002 and Prevention of Money Laundering Act, 2002.
- Advising and representing an erstwhile Promoter of Phoenix Group, a global trader of commodities, in cases of mismanagement, siphoning of money, and other penal and civil ramifications across the globe. The Firm is also advising on extradition proceedings, MLATs (Mutual Legal Assistance Treaty), and other such related processes as well as defending the execution of foreign decrees and awards.
- Advising and representing the former Managing Director of a company engaged in money transfer services, in appellate proceedings under the Foreign Exchange Management Act, 1999.
- Advising and representing an Independent Director on the Board of a shipping company in ongoing investigations launched by the Central Bureau of Investigation, Directorate of Enforcement, Serious Fraud Investigation Office, Securities and Exchange Board of India, and the Ministry of Corporate Affairs regarding allegations of siphoning of funds through related party transactions.
- Advising and representing a former Whole Time Director of an Indian group of companies in investigations and inquiries launched by the Central Bureau of Investigation, Directorate of Enforcement, Serious Fraud Investigation Office, and Securities and Exchange Board of India, as well as in proceedings before the National Company Law Tribunal, Allahabad.
- Advising and representing a leading Non-Banking Financial Company in inquiries initiated by the Ministry of Corporate Affairs regarding alleged financial irregularities and related party transactions uncovered during a special audit by the Reserve Bank of India.
- Advising and representing a Director of an Indian Company in prosecution initiated by the Department of Revenue Intelligence (DRI) for exports in violation of Special Chemicals, Organism, Materials, Equipment and Technologies (SCOMET) regulations purporting to have facilitated the Weapons of Mass Destruction Programme of Iraq, and technology regulations under the Customs Act, 1962 and connected proceedings initiated by the Enforcement Directorate under the Foreign Exchange Management Act, 1999.
- Advising and representing an infrastructure and projects company and its promoters in proceedings initiated by the Reserve Bank of India, Ministry of Corporate Affairs, and Serious Fraud Investigation Office regarding allegations pertaining to siphoning of funds and violations of various provisions of the Companies Act, 2013.
- Advising and representing the Godrej Group before various fora with respect to diverse disputes relating to white-collar crimes, realty development, consumer matters, Employee Provident Fund claims, and employee disputes.
- Advising and representing a key accused in bail proceedings before the Delhi High Court against allegations of forgery and siphoning of funds in conspiracy with a company engaged in unregistered collective investment schemes.
- Advising a telecom infrastructure company in investigations launched by the Central Bureau of Investigation alleging siphoning of funds.
- Advising Safeway Concessions (part of the Macquarie Group Limited and comprising 9 Indian concessionaires) with respect to raising approx INR 50 billion financing from Yes Bank Limited for funding the concession fee for the first Toll Operate Transfer concession package in India and subsequent and multiple reconstitutions of the lenders’ consortium including refinancing of around INR 20 billion by HDFC Bank Limited.
- Advising and representing Beacon Trusteeship Limited on legal issues arising out of the transactions with KKN Holdings Private Limited and the Radius Estate Projects Private Limited (Radius) with regards to the issue of non-convertible debentures (NCDs) by them.
- Advising and representing Diageo Plc in an appeal that was filed before the Securities Appellate Tribunal and Securities and Exchange Board of India against an order, in Special Leave Petitions filed before the Supreme Court, and Prevention of Money Laundering Act, 2002 proceedings before Special Courts, and assisting a foreign law firm in proceedings before the United Kingdom Courts.
- Advised a Chinese Company regarding prosecutions initiated under the Customs Act, 1962 in respect of evasion of Anti-Dumping Duty.
- Advising and representing CyberTech Systems and Software Limited and its senior management in criminal proceedings before the Bombay High Court.
- Advising a multi-national conglomerate in the Directorate of Revenue Intelligence (DRI) investigations initiated against it relating to criminal prosecution under the Customs Act, 1962 which were about to be initiated against its subsidiary in India for evasion of anti-dumping duty and misclassification of imports. Advising and representing the BBC Group in proceedings initiated by the Tax Authorities.
- Advising and representing Gautam Thapar, Avantha Holdings Limited, and other promoter entities before various fora including the Securities and Exchange Board of India, Securities Appellate Tribunal, and National Company Law Tribunal with respect to claims made by CG Power and Industrial Solutions Limited.
- Advising and representing the Collage Group, its promoters, and directors before various fora with respect to issues pertaining to economic offences, real estate, and various civil and criminal matters including matters under the Insolvency and Bankruptcy Code, 2016, and consequent restructuring as well as drafting operating policies and procedures.
- Advising and representing General Atlantic and Elevation Capital with respect to a criminal complaint filed by a competing firm against NoBroker and its directors. The investor/nominee director had been nominated by General Atlantic and Elevation Capital to the Board of Directors of NoBroker Technologies Solutions, a company in which they had invested their respective funds.
- Advising and representing a pharmaceutical company in proceedings before the Securities Appellate Tribunal and Securities and Exchange Board of India in relation to its alleged collusion with a second entity to ensure the success of a de-listing offer.
- Advising and representing Disc Assets India Limited and its promoters in prosecutions initiated by the Securities and Exchange Board of India and Directorate of Enforcement for violation of Collective Investment Schemes Regulations.
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.