Aman Avinav

Arbitration

• Represented an OTT aggregator platform in an arbitration against a broadcaster in a dispute arising out of the agreement for content distribution and led the settlement discussions.
• Representing a Swiss trading firm dealing in technical equipment in a challenge under section 34 of the Indian Arbitration & Conciliation Act, 1996 to the award rendered by ICC.
• 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 the 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 a 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 an importer of gourmet consumer products in a dispute arising out of a construction contract for the construction of a warehouse on a turnkey basis. The claims were made for liquidated damages for delay in completion of the project, loss of profit resulting from such delay, damages for breach of the terms of the said agreement in carrying out civil and structural works as per the agreed design, make and standard represented in the BOQ and loss suffered by the client for undertaking rectification work.
• Acted on behalf of an Infrastructure joint venture company against NHPC Ltd. in a Section 34 petition challenging the award made against the client arising out of the contract awarded for setting up a Hydro Electric Power Project in Himachal Pradesh.
• Represented a waste management company in several 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

• Successfully represented a partnership firm engaged in real estate renting business in an appeal before the Delhi High Court against the judgment and decree of the trial court and secured reversal of the trial court’s decree.
• Represented one of the largest operators of fast-food restaurant chains in the country before the Delhi High Court in a Writ Petition against the order of attachment issued by the Employees’ State Insurance Corporation for recovery of alleged ESIC dues.
• Acted on behalf of an operational creditor against one of the world’s largest health, hygiene, and nutrition brands under Sections 8 & 9 of the Indian Bankruptcy Code, 2016, and led the settlement process.
• Handled and supervised the 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 the Transfer of Property Act, 1882 before the Delhi High Court seeking eviction and recovery of rent for 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 the 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).
• 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.
• Acted on behalf of an IT Infrastructure service provider in a Writ Petition filed before the Jaipur High Court, successfully setting up a challenge to the illegal termination of contract, by a state entity, awarded after being declared the successful bidder in the public tender.
• Acted on behalf of one of the largest restaurant operators in India before the Delhi High Court, challenging the attachment order issued by Employees’ State Insurance Corporation (ESIC) for ESI contribution dues outstanding against the predecessor in interest, prior to acquisition of restaurants under a Business Transfer Agreement. Successfully obtained stay on the attachment notice during the pendency of the Writ Petition.

Internal Investigation & White-Collar Crime

• Successfully represented one of the directors of an online news media company before the Delhi High Court in a quashing petition against the investigation being conducted by the Economic Offences Wing for offences under the Indian Penal Code as well as the Directorate of Enforcement for offences under the Prevention of Money Laundering Act, 2002.
• Successfully represented a wholly owned subsidiary of a REIT in an Income Tax prosecution launched under section 276-B and Section 278B of the Income Tax Act, for failure to submit deducted TDS within the prescribed period, resulting in closure of complaint.
• Successfully represented the editor of one of the largest news media companies before the Delhi High Court in a quashing petition filed against issuance of summons in a criminal complaint filed for defamation.
• Successfully represented a news media company before Sessions Court, Ghaziabad in a revision petition filed against the order of the trial court not summoning the editor-in-chief and director of the company.
• Representing one of the directors of digital news portal before the Appellate Tribunal-PMLA in an appeal against confirmation of seizure of property and records under section 17(4) of the Prevention of Money Laundering Act, 2002.
• Representing the employee of the Indian subsidiary of a German Science and Technology Conglomerate in a criminal prosecution for offences under the Wildlife Protection Act, 1972 and Indian Forest Act, 1927 as well as the quashing proceedings before the Patna High Court.
• Representing a major real estate company and its directors in seizure proceedings initiated by the Directorate of Enforcement under Section 17 of PMLA before the Adjudicating Authority, PMLA.
• Representing a major cryptocurrency trading platform in appellate proceedings before the Appellate Tribunal under the PMLA, challenging the confirmation order passed by the Adjudicating Authority in relation to provisional attachment proceedings initiated by the Directorate of Enforcement under Section 5 of the PMLA.
• Representing a major wealth management company before the Delhi High Court in proceedings seeking the quashing of criminal proceedings, including the FIR and all consequential proceedings.
• Represented a major real estate conglomerate in proceedings initiated by the Directorate of Enforcement under the PMLA, including appearances before the Adjudicating Authority and the Special Court in connection with the Prosecution Complaint, and advised on all aspects of the enforcement proceedings.
• Represented a major European footwear & apparel company before the Punjab & Haryana High Court and Gurgaon District & Sessions court about 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 Directorate of Enforcement (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 an FIR against the firm as well as its proprietor for committing theft, cheating, criminal breach of trust and forgery to unjustly enrich themselves.
• Representing one of the Directors of an online news media company before the Delhi High Court against investigation by the EOW as well as the ED.
• Acting on behalf of the Complainant company in a quashing petition filed before the Delhi High Court by the accused persons against the FIR registered by the EOW.
• Represented a Global Retail Brand and its Directors in the criminal prosecution launched by the State Pollution Control Board for alleged violation of the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1975.
• Represented the subsidiary of a Fortune 500 company and its directors in a criminal complaint filed for second offence under the Legal Metrology Act, 2009.
• Represented an importer of premium FMCG goods and its authorized representative before the sessions court against their conviction for selling “misbranded” goods and secured their acquittal.
• Acted on behalf of an Indian subsidiary of a Japanese Conglomerate and successfully prosecuted the Criminal Complaints for cheque bouncing against the counter party for its failure to honor the cheques issued pursuant to the settlement agreement.
• Conducted internal investigation and detailed forensic audit pursuant to red flags raised in the annual audit of the Indian subsidiaries of a well-known international sports performance brand in relation to financial and accounting irregularities involving by senior management of the Indian subsidiary.
• Conducted internal investigation into the processes followed by the Indian subsidiary of an American Automobile manufacturer for ensuring vehicular safety and compliance with the provisions of the Motor Vehicles Act (MVA), 1998, and Central Motor Vehicles Rules, 1989.
• Conducted internal investigation into the deviations in procedures and processes followed by the sales professionals of a well-known Pharmaceutical Company operating across territories within India, based on the ethics complaint received through the complaint portal of the Company.
• Conducted internal investigation and assisted in forensic audit of an Indian subsidiary of German system developer for automation industry on behalf of the parent company on allegations of financial wrongdoings and local compliance issues.
• Conducted detailed due diligence for a digital media outlet to ensure the provisions Foreign Contribution Regulation Act, 2010 was not violated during infusion of foreign direct investment and issuance of equity shares to the foreign investor.