M. Rishi Kumar Dugar

M. Rishi Kumar Dugar

M. Rishi Kumar Dugar

WORK EXPERIENCE

2007 onwards Independent practice in Chennai, Tamil Nadu, India
2004 – 2006 Junior Counsel, Chambers of Senior Counsel Mr. Arvind P. Datar, Madras High Court, Chennai, Tamil Nadu, India
2001 – 2003 Associate Advocate, AZB & Partners (formerly known as Chambers of Zia Mody) Advocates & Solicitors, Mumbai, India
1998 – 2000 Advocate Assistant & Articled Clerk Mulla & Mulla and Craigie Blunt & Caroe Advocates and Solicitors, Mumbai,
India

Other Laws

• M.Rishi Kumar – “Minority Shareholders Buying Out Majority Shareholders – An Analysis” (National Law School of India Review, 2010 – 22 (2) NLSI.Rev.105 (2010))
• M. Rishi Kumar, “Company Director as a Fiduciary” – Since company directors enjoy a fiduciary relationship with the company, they ought not to misuse the trust reposed in them. A brief comparison of Indian Law with that of the United States of America and United Kingdom is made to drive home the scope of the fiduciary role of directors. (Chartered Secretary – Journal published by the Institute of Company Secretaries of India, March 2007)
• M. Rishi Kumar (co-authored), “Same Problem, Differing Verdicts” In a rush to comply with India’s obligations under the WTO, amendments were made to the Patents Act, 1970. It may be difficult to implement some of the provisions of the Act, analysis of two recent rulings by India’s High Courts (The Economic Times, December 11, 2005)
• M. Rishi Kumar, “Flying High” – Civil aviation in India, in its entire history has not seen a time like the present. With several new airlines and an increasing demand for pilots, there have been several cases of airlinespoaching pilots from the other. What legal recourse do airlines have in such a situation? (The Economic Times, September 11, 2005)
• M. Rishi Kumar, “Suits Them Fine?” – Does the Company Law Board have the power to issue an injunction to stop a person from filing a suit in a foreign court? (The Economic Times, August 01, 2004)
• M. Rishi Kumar, “Control or Delete? Decide… ” – Competition Act, 2002, is fraught with controversy. Is this Act necessary? (The Economic Times, March 21, 2004).

Legal Commentaries

• Assisted Mr. Arvind P. Datar for the 2nd 2007 Edition of “Datar on Constitution/Published by Wadhwa Nagpur- Lexis-Nexis” by researching, making notes on case laws and following up on developments in the field of constitutional law in India
• Assisted Mr. Arvind P. Datar (co-editor) by researching, making notes on case laws and other developments in the field of company law for the 2004 Edition of “Ramaiya’s Commentary on Companies Act, 1956 Published by Wadhwa Nagpur- Lexis-Nexis”.
• Assisted Mr. Feroz Ali for the 1st Edition of “Commentaries on Indian Patents Act, 1970 Published by Wadhwa Nagpur- Lexis-Nexis” by finalizing certain chapters on injunctions and specific relief’s.

Company Law Board, Additional Principal Bench, Chennai
Appearing and assisting as Junior Counsel in various petitions under Sections 397 and 398 (Oppression and Mismanagement) of the Companies Act, 1956 and various interlocutory applications.

Appellate Tribunal for Electricity, New Delhi

Acting as legal advisor and appearing as Junior Counsel in defending an appeal for PPN Power Generating Company Pvt. Ltd filed by Tamil Nadu State Electricity Board against an order passed by the Tamil Nadu Electricity Regulatory Commission awarding refund of energy charges claimed by Tamil Nadu State Electricity Board.

Tamil Nadu Electricity Regulatory Commission, Chennai

• Acting as legal advisor and appearing for and arguing a dispute resolution petition on behalf of PPN Power Generating Company Pvt. Ltd challenging the wrongful claim of energy charges and deposits by Tamil Nadu Electricity Board.
• Acting as legal advisor and appearing as Junior Counsel in a dispute resolution petition on behalf of PPN Power Generating Company Pvt. Ltd against the Tamil Nadu State Electricity Board for certain disputes relating to non-payment of certain specified taxes as per the provisions of the power purchase agreement.

Entertainment & Media Law
• Advising and drafting agreements for engaging artists, music director, executive producer and composer for Applause Entertainment (Birla Group), a film production company.
• Advising and drafting agreements for engaging film director, screenplay writer, story writer, music director and composer for Dharma Productions Pvt. Ltd., Mumbai a leading film production company.
• Advising and reviewing a terrestrial rights agreement for Dharma Productions Pvt. Ltd entered into with Sony Entertainment Television for few blockbuster Hindi movies produced by it.
• Preparing an internal firm memorandum (for AZB & Partners) on the entertainment industry in India.

Legal Opinions
• Giving several opinion’s to ETA Star, Dubai relating to proposed guarantee’s being given by it to certain lenders and issues involving the Foreign Exchange Management Act, 1999 and regulations framed thereunder.
• Assisted in giving legal opinion to Reliance Industries Ltd on certain ambiguous provisions under the Competition Act, 2002 in their proposed bid for a disinvestment in a State owned company based in West Bengal.
• Assisted in giving legal opinion to Kirloskar Industries Ltd on certain issues arising under the Companies Act, 1956, Securities and Exchange Board of India Regulations, (SEBI (Prohibition of Insider Trading) Regulations, 1992, and SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.
• Assisted in giving a legal opinion on a contractual dispute between Indian Oil Corporation’s subsidiary Lanka IOC and the Government of Sri Lanka;
• Assisted in drafting various opinions relating to the Companies Act, 1956 and Securities and Exchange Board of India Regulations, (SEBI (Prohibition of Insider Trading) Regulations, 1992, SEBI (Merchant Bankers) Regulations, 1992 and SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.

Intellectual Property Law
Organising trademark registrations and filing’s in the Trademark Registry at Mumbai and Chennai for various national and multinational companies. Carrying out searches in the Trademark Registry at Mumbai and drafting replies to be filed to the preliminary examination reports.

Commercial and Regulatory Laws
Advising and drafting applications to be filed on behalf of various multinational companies for seeking various approvals from the Reserve Bank of India and the Foreign Investments Promotion Board including for starting a branch office and a liaison office in India.

Conveyancing
Carrying out title search and giving Title opinion to Foodworld, a supermarket chain and Health and Glow.

Miscellaneous Documents
Drafting and/or reviewing various documents including: Partnership Deed, License to use Property, Company Resolutions, Brewing and Distribution Agreement, Various Memorandum of Understandings, Confidentiality Agreement; Trademark License and Technology Know How Agreement and Distribution Agreement.

Corporate and Commercial, Mediation

Registered With Bar Council of India – September, 1998
Supreme Court of India Bar Association, September – 2014

B.Com, University of Madras
LL.B, Bangalore University
Associate, Chartered Institute of Arbitration, London
Diploma in Screenwriting, New York Film Academy, New York City. U.S.A

English, Hindi, Tamil
Chennai

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