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Aman Avinav

Partner
New Delhi

Aman is a Partner based in the Delhi office of Phoenix Legal. He has over twelve years’ experience in dispute resolution. Aman represents clients across sectors before courts in India including the Supreme Court, various High Courts and trial courts on a range of issues.

He has extensive experience before forums such as APTEL, DRT, NCDRC, NCLT, TDSAT and related appellate and ancillary proceedings. He regularly advises and represents parties in arbitrations both ad hoc and institutional and related court proceedings for interim relief, appointment of arbitrator, enforcement of awards.

Aman also defends clients against criminal proceedings launched by the police, ED, EOW and SFIO and has successfully represented them at different stages of the investigation/prosecution.

His areas of practice include arbitration, commercial & regulatory litigation and white-collar crime.

An indicative list of some transactions undertaken by her in the energy and infrastructure sector is as follows:

Arbitration

  • Represented a UK based footwear and apparel company in a Petition under Section 34 of the Arbitration & Conciliation Act, 1996 before the Delhi High Court challenging the arbitral award passed by London Court of International Arbitration (LCIA) award.
  • Represented one of the largest multi-brand retail chains across the globe in a Petition under Section 34 of the Arbitration & Conciliation Act, 1996 against the award of the Micro and Small Enterprises Facilitation Council (MSMEC).
  • Represented a French rolling stock company and its Indian subsidiary before the Delhi High Court in a suit for declaration and permanent injunction filed by the Contractor seeking declaration that the arbitration agreement under the contract between the contractor and Indian subsidiary as illegal, null and void and unenforceable.
  • Represented one of the petitioners in the batch of petitions culminating in the landmark constitution bench judgment of the Hon'ble Supreme Court in Bharat Aluminium Co. vs. Kaiser Aluminium Technical Service Inc., (2012) 9 SCC 552 (BALCO Case).
  • Represented a waste management company in a number of arbitration claims seeking recovery of money from the municipal bodies/urban local bodies for undertaking collection, segregation and disposal of municipal waste from the respective municipal areas for which tender had been awarded to it.

Commercial & Regulatory Litigation

  • Acted on behalf of an operational creditor against one of the world's largest health, hygiene and nutrition brands under Section 8 & 9 of the Indian Bankruptcy Code, 2016 and led the settlement process.
  • Handled and supervised pan-India litigation docket of one of the largest European banks as a retainer assignment and assisted in their banking license handover process.
  • Defended a London based Banking Corporation in a recovery suit filed for recovery of money lost as a result of hacking, cyber fraud and phishing before the Delhi District court.
  • Represented a European bank before the Hon'ble Supreme Court in a Special Leave Petition arising out of a PIL seeking inquiry into the loan operations of banking companies.
  • Represented an American Holding company and its Indian subsidiary in suits filed by its erstwhile directors for wrongful termination under the companies act, 1956.
  • Represented the chairman and directors of one of the largest Indian conglomerates before the Guwahati City Civil court as well as the Guwahati high court in a defamation suit and related proceedings.
  • Defended a High Net Worth Individual (HNI) in an eviction suit filed by the Landlord under Transfer of Property Act, 1882 before the Delhi High Court seeking eviction and recovery of rent with respect to premises protected under the Delhi Rent Control Act, 1958.
  • Represented various telecom companies before the Supreme Court, the Delhi High Court and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in disputes including intra-circle roaming arrangements for 3G and Adjusted Gross Revenue (AGR).
  • Represented major telecom operators before Supreme Court in relation to an appeal preferred by the telecom regulatory authority of India from the judgments of TDSAT on Mobile Termination Charges;
  • Acted on behalf of an airport construction/operator Joint Venture before the Hon'ble Airport Economic Regulatory Authority Appellate Tribunal (AERAAT) in an appeal against the Tariff Order passed by the Airports Economic Regulatory Authority (AERA).
  • Represented a major power production and supply entity before the Appellate Tribunal for Electricity (APTEL) for revision and renegotiation of prices for sale of electricity to the government on account of global increase in price of coal.
  • Acted on behalf of a major sports brand in a Writ Petition before the Delhi High Court challenging the Companies (Incorporation) Fourth Amendment Rules, 2016.

Criminal & White Collar Crime

  • Represented a major European footwear & apparel company before the Punjab & Haryana High Court and Gurgaon District & Sessions court in relation to financial and accounting fraud by senior officials in the Indian subsidiary.
  • Represented a subsidiary of a major German sports giant before the Punjab & Haryana High Court as well as Gurgaon District and Sessions court in relation to the Serious Fraud Investigation Office (SFIO) investigation and the complaint filed subsequently by the SFIO.
  • Represented a fortune 500 company in relation to an investigation before the Enforcement Directorate (ED) for unauthorized repatriation of funds.
  • Represented a sub-brokering firm and its proprietor in a criminal complaint filed by one of its clients before the Economic Offences Wing (EOW), Gurgaon for registering FIR against the firm as well as its proprietor for committing theft, cheating, criminal breach of trust and forgery in order to unjustly enrich themselves.