Nilava Bandyopadhyay

Nilava Bandyopadhyay

Nilava Bandyopadhyay

Experience:

A Senior Partner in the Litigation and ADR Practice Group, Mr. Bandyopadhyay has been practicing, appearing and arguing matters before the Hon’ble Supreme Court of India, various Hon’ble High Courts in the country and Tribunals/Forums for the last more than 10 years.

Apart from the Court litigations, he has extensive experience in handling various Domestic and International Arbitration matters (Institutional as well as Ad-hoc) including under the rules of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Singapore International Arbitration Center (SIAC), the London Maritime Arbitrators Association (LMAA), the Delhi International Arbitration Centre (DAC), the Indian Council of Arbitration (ICA), the International Centre for Alternative Dispute Resolution (ICADR) and the SCOPE Forum of Conciliation & Arbitration (SFCA), etc.

Apart from various prestigious national and international clients, Mr. Bandyopadhyay has represented many government agencies and PSUs like New Delhi Municipal Council, Delhi Transco Limited, IRCON International Ltd., Container Corporation of India in Arbitration as well as Litigation matters.

He is currently advising and handling litigations for Jindal Group of Companies, one of the prominent business houses of India, a large infrastructure development Company and its associate and sister companies. He is also handing various arbitration and litigation matters related to various infrastructure

He is currently advising and handling litigations for Jindal Group of Companies, one of the prominent business houses of India, a large infrastructure development Company and its associate and sister companies. He is also handing various arbitration and litigation matters related to various infrastructure development companies related to projects pertaining to NHAI, NTPC, BHEL, AAI, IOCL, etc.

A Few Recent/Notable Matters

  • Award against NHAI for Rs. 500 Crore along with interest. Singh & Associates, successfully represented its client an Infrastructure company in an Arbitration matter against National Highways Authority of India (NHAI). The arbitration was relating to the dispute arising out of the Design, Construction, Development, Finance, Operation and Maintenance of the work of construction of New Four Lane Bypass of the length 42.033 KM on Build, Operate, Transfer, Annuity Basis executed by our Client. Our Client was awarded the Project on a semi Annuity amount of INR 26.53 Crores (Rupees Twenty Six Crore and Fifty Three Lacs Only). It was our Client’s case that NHAI failed to adhere to its obligations as set forth in the Concession Agreement (including but not limited to providing encumbrance free land, Right of Way etc.) on account of which the construction work could not get completed on the Scheduled Project Completion Date. The complete stretch of land and Right of Way was handed over to our Client with a delay of more than 2 years. The Arbitration Award was pronounced in August 2018 by the Hon’ble Arbitral Tribunal, which was constituted of three Hon’ble Members. In the Final Award, the Hon’ble Tribunal held NHAI has majorly contributed towards the delay in handing over the land and Right of Way and breached the terms of the Concession Agreement. The Hon’ble Tribunal, was pleased to allow our Client’s claims to the tune of Rs. 500 Crores along with interest.
  • At present, the Firm is contesting a large arbitration case for India’s waterways transportation company against NTPC, arguments have been heard and Award has been reserved. During the arbitration, we were able to secure in favour of our Client two interim orders for payment of not one but two Minimum Guaranteed Quantity Amounts, for two respective years. We successfully represented Client in Section 17 Applications filed before the Hon’ble Tribunal for directing NTPC to make payment of INR 158.50 Cr. and INR 197.81 Cr., being the MGQ Amount to our Client and also for staying of invocation of Client’s Bank Guarantee and unlawful termination by NTPC. The said interim orders have been upheld by the Hon’ble High Court of Delhi and the Hon’ble Supreme Court of India (the Firm also successfully represented the client in the said appeals). Our Client received the payment for the said MGQ amounts, against submission of BGs, the termination was stayed and Bank guarantee invocation was also stayed. The total arbitration claim in the matter is INR 2021 Crore.
  • Successfully represented ERA Infra Engineering Limited, a large Indian Infrastructure Company in an international arbitration involving complex FX derivatives (the ISDA Master Agreement) before the LCIA.
  • Successfully represented and settled the matter for and on behalf of Delhi Transco Ltd. in an international arbitration before the Arbitral Tribunal for resolution of disputes through international commercial arbitration following the ICC Rules on arbitration.
  • Represented IRCON International (a Government of India Public Sector Undertaking Company) against a major infrastructure multi-national company in an international commercial arbitration before the ICC, Paris.
  • Successfully won a matter before the Hon’ble National Green Tribunal, safeguarding the interest of a leading waste management company converting waste into energy who had invested more than INR 200 Crores in the business.
  • Assisted its client, a leading solar energy company in India, in an arbitration matter against NTPC and successfully represented the client in a Petition before the Hon’ble Delhi High Court under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia praying that NTPC should release the amount and also handover the goods for the execution part of the Contract.
  • Successfully defended its client (two admiralty suits filed before the Bombay High Court) in releasing of a panamax size vessel (capacity 70,000 Metric Ton) of the Client which got arrested at the instance of one of the service providers of our Client. The firm also assisted its client in amicable settlement of disputes between the parties.
  • The Firm is defending its Client before the Hon’ble High Court of Rajasthan which is involved in large scale mining operations and has also made considerable investments in the State of Rajasthan. In the said petitions many bogus yet scathing allegations about illegal mining against the Client have been made but till date we have successfully defended all such attempts and mining activities are going on unperturbed.
  • The Firm is also before the Hon’ble Supreme Court of India and Supreme Court appointed Committees defending its Client, again a very reputed name in the mining industry, against which the State of Odisha had sought for determination of the mining lease and allegations of benami transactions were made. In the said matters as well despite motivated attempts by vested interest parties, the interests of the firm’s clients have been very well protected.
  • The Firm is representing Infrastructure giant PNC in the matter of M/S PNC RAEARELI HIGHWAYS PVY. LTD. -VS- NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI). A demand notice of Rs. 302.71 Crore has been sent to NHAI due to reasons attributable to NHAI and other causes which led to delay in execution of the project as planned. Failing response to the same, arbitration has been invoked.
  • Firm is representing JITF in 3 disputes that have arisen out of Concession Agreement in the pioneer projects initiated by the Department of Local Government, Government of Punjab for the collection, transportation, disposal of Municipal solid Waste as well as for processing the said waste and conversion of the same into energy. The said matters involves the consequences and effects of non-fulfilment of conditions precedent by the Authority and the resultant losses and damages incurred by the company.
  • In continuation of the Firm’s commitment towards providing strategic and comprehensive reliefs to Our Client’s across the judicial spectrum, the Firm is also assisting its Clients before Hon’ble National Green Tribunal to substantially assist in defending against the baseless allegations of violations of Environmental laws.
  • Award against APCPL, Jhajjar for around Rs. 55 Crore along with interest. The Firm successfully represented Era Infra Engineering Limited in an Arbitration case against Aravali Power Company Private Ltd. in an Arbitration relating to the civil works executed by EIEL at APCPL’s power plant at Indira Gandhi Super Thermal Power Project (IGSTPP). APCPL is a Joint venture company with 50% share of NTPC Ltd, 25% of Haryana Power Generation Company Ltd (HPGCL, Haryana State company), and 25% of Indraprastha Power Generation Company Ltd (IPGCL, Delhi State company).APCPL awarded the contract to EIEL for carrying out civil works of the Main Plant and offsite civil works at the IGSTPP (3x500MW) at Jhajjar, Haryana. The total contract value was Rs.284,94,97,820/- (Rupees Two Hundred Eighty Four Crore Ninety Four Lacs Ninety Seven Thousand Eight Hundred and Twenty only). In the Final Award dated 02.09.2017, the Hon’ble Tribunal held that it is APCPL, which has majorly contributed towards the delay and therefore, has breached the terms of the Contract. The Hon’ble Tribunal has also agreed with the contention of EIEL that the termination of the Contract by APCPL is illegal as it failed to serve mandatory Notice as per Clauses of the GCC. The Hon’ble Tribunal, as a consequence, allowed various Claims of EIEL to the tune of more than Rs. 55 Crores along with interest. The Hon’ble Tribunal has also dismissed all the Counter Claims of APCPL for Risk and Cost and Liquidated Damages.
  • The Firm is representing a leading Rail Infrastructure Company against the Indian Railways in an ongoing arbitration proceeding. The dispute pertains to the award of extra quantities of wagons to the Claimant under the subject tender, over and above the distribution formula prescribed in the tender; and dual pricing adopted by Indian Railways. The Claim amount in the matter is around Rs. 52 Crores. The matter is being adjudicated by a Retd. Supreme Court Justice and is currently at the stage of Final Arguments.

Publications:

The Legal 500 & The In-House Lawyer Comparative Legal Guide: India – Arbitration

Corporate and Commercial, Intellectual Property, International Arbitration, Mediation

Alliance of Business Lawyers
Associated Chambers of Commerce & Industry of India
Bar Council of India
Chartered Institute of Arbitrators (CIArb)
Confederation of Indian Industries
Delhi High Court Bar Association
Federation of Indian Chamber of Commerce & Industry
Indo-American Chamber of Commerce & Industry
Indo-China Chamber of Commerce
Indo-French Chamber of Commerce
Indo-German Chamber of Commerce
Indo-Italian Chamber of Commerce & Industry
Indo-Japan Chamber of Commerce
Institute of Company Secretaries of India
Inter Pacific Bar Association (IPBA)
International Bar Association
International Trademark Association
New York State Bar Association
Society of Indian Law Firms
Supreme Court Bar Association
The Council of EU Chambers of Commerce in India
The United States Commercial Service

Law Firm of the Year, India Legal Awards 2018
Notable Law Firm in Dispute Resolution, Asialaw Profiles 2019 Rankings
‘Best Use of Knowledge Management of the Year’ Award by Indo-American Chamber of Commerce (IACC), 2018
Tiered Law Firm for Energy & Infrastructure practice area by IFLR1000, 2018
Recognized as Notable Law Firm for Banking and Finance practice area by IFLR1000, 2018
Recognized as Notable Law Firm for Corporate and M&A practice area by IFLR1000, 2018
Tiered Law Firm for Commercial and Transactions, Construction and Tax practice area by Benchmark Litigation Asia-Pacific 2018
Ranked Law Firm for Dispute Resolution, Corporate and M&A, Intellectual Property Rights, Labor & Employment and Tax practices by The Legal 500, 2017-2018
A “Notable Firm” by Asian Legal Business M&A Rankings 2018
‘Excellence in Professional Services’ Award by Indo-American Chamber of Commerce (IACC), 2017
Law Firm of Year Award at India Legal Awards 2016
Corporate Governance Law Firm of the Year by Lawyer Monthly Legal Awards, 2015
Recognized as Notable Law Firm by IFLR1000 for Financial & Corporate practice, 2015-2016
Recognized as Notable Law Firm by IFLR1000 for Energy & Infrastructure practice, 2015
Recognized Law Firm In India by Indian Lawyer 250 (a sister publication of Who’s Who Legal)
India Business Law Journal Award for Corporate & Commercial category, 2013-2014
Arbitration Law Firm of the Year by Finance Monthly Awards, 2012
Certificates of Appreciation from World Bank for contribution in its publications, namely:
Doing Business 2018: Reforming to Create Jobs
Doing Business 2017: Equal Opportunity for All
Doing Business 2015: Going Beyond Efficiency
Understanding Regulations for Small and Medium-Size Enterprises in 2014
Smarter Regulations for Small and Medium-Size Enterprises in 2013
Doing Business in a More Transparent World in 2012
Doing Business in a More Transparent World in 2011
Making a Difference in Entrepreneurs in 2010
Doing Business 2009: Reforming Through Difficult Times
The Firm was invited by the Secretary, Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, Govt. of India for giving inputs and suggestions to existing regulatory framework on Ease of Doing Business in India in order to improve the current ranking of India in World Bank Group’s Doing Business Report.

University of Calcutta, Law Camps, Hazra [LL.B (Hons.)]

English, Hindi
Delhi

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