116 B, Mittal Towers, Nariman Point, Mumbai, India

Ameet B. Naik

  • Founder & Managing Partner

Regarded as a 'Litigator Par Excellence' and carries several important reported judgments and landmark decisions to his credit. Ameet has been at the forefront of several high-stake litigations. With over two decades of experience in the fields of dispute resolution, international arbitration, and general corporate advisory, Ameet is a lawyer with a rare combination of skill sets and brings varied experience that allows him to provide bespoke advice to clients, enabling them to achieve their business and commercial objectives within the contours of law.

“Ameet Naik is widely acknowledged by market sources to be a standout practitioner in the media and entertainment space, where he frequently acts on high-profile pieces of media-related litigation at High Court level. Characterised by one interviewee as "a big name who does a lot of good media work”. Chambers & Partners 2022

“Leading Lawyer Legends” – for litigation - Legal Era 2022

International Arbitration

Representing and advising Future Group against Amazon Disputea retail giant in an arbitration proceeding initiated by ‘Amazon.com NV Investment Holdings LLC’ (“Amazon”) under the SIAC Rules. In its disputes with Amazon.Com NV Investment Holdings LLC (“Amazon”), before the Singapore International Arbitration Centre and multiple Courts such as the Supreme Court of India and Delhi High Court and the National Company Law Tribunal. Amazon by virtue of the rights granted to it under a Shareholders Agreement executed with Future Coupons Private Limited and its Promoters, seeks to assert rights in FRL, even though FRL is not a party to this understanding.

Hardy Exploration – representing an arbitration proceeding initiated by Aban Offshore Limited (“Aban”).  Aban’s contention was inter alia entitled to receive damages/compensation arising out of an alleged force majeure event during the non-operation of the system provided by Aban.

Singapore Exchange Securities Trading -Represented Singapore Exchange Derivatives Trading Limited (“SGX-DT”) and Singapore Exchange Securities Trading Limited (“SGX-ST”) in an arbitration against initiated by Indian Index Services and Products Limited, a subsidiary of National Stock Exchange of India.

RepresentedEssar Group and its External Counsels, in matters arising out of a commercial rivalry with the ArcelorMittal Group, which is spread across numerous jurisdictions such as before the Commercial Courts in United Kingdom, Cayman Islands, Mauritius, India etc.

In United Kingdom, Advised Essar Group in a wide range of proceedings which include Conspiracy Claims and Applications being filed for seeking a Worldwide Freezing Order against certain Essar Companies and its Directors and KMPs.

Advised and briefed in the commercial courts in Cayman Islands and in Mauritius, advised Essar Group on the strategy to be adopted in proceedings initiated by or against the Essar Group; legal opinions on issues pertaining to Mauritian Companies Act, Insolvency Act, Administration of Companies etc. Instrumental in procuring favourable orders for the Essar Group in these jurisdictions.

Represented and advised the Essar Group, in matters arising from or relating to the disputes with the ArcelorMittal Group and other independent and stand-alone matters before various Courts and Tribunals in India. These proceedings include Contempt Proceedings, Arbitration Proceedings, Enforcement Proceedings, Execution Proceedings etc. Represented and advised the Essar Group in certain related matters before the Supreme Court of India.

Future – Axiom Dispute Representing in an arbitration proceeding held in Singapore under the SIAC Rules in relation to disputes arising out of a Shareholders’ Agreement with its joint venture partner, Axiom Telecom LLC, Dubai.

Aitreya Limited - Advised Aitreya Limited (“Aitreya”) in a private equity dispute against in the investee company, Dans Energy Private Limited. The dispute was adjudicated in Singapore under the ICC Rules.

Represented SRS Investments Bengal Tiger Ltd (“Petitioner”/ “Claimant”) in the arbitration proceedings filed against Rahul Todi &Ors (“Respondents”), whereby the Arbitral Tribunal in terms of the Award directed the Respondents to provide the Petitioner an exit from Shrachi Realty Pvt. Ltd.(“Company”), by buying and/or buying back the equity shares held by the Petitioner in the Company.

Represented Cinema Capital Venture Fund (“CCVF”)in an investigation was carried out by the SEBI (Securities and Exchange Board of India) into the affairs of CCVF to ascertain if there was any foul play. Advising CCVF on various investor complaints and have also been advising and representing CCVF in various proceedings

Represented MCX And Financial Technologies challenging a SEBI order in relation to non-issuance of license to trade in segments like trading in shares derivatives, etc. Also, represented and advised to obtain the approval to start operations in both cash and derivatives segments of equities as well as interest rate of future and wholesale debt segment.

RepresentedFuture Group on various SEBI SCORE complaints and various queries raised by SEBI

Domestic Litigation

High profile white collar

Representing Mr. Vipul Ambani in Nirav Modi-PNB Bank scam, for bail applications representing him against CBI (Central Bureau of Investigation).

Represented Mr. & Mrs. Goyal (Jet Airways) before the Bombay High Court inter alia challenging the action taken by banks against them under the RBI Master Circular on Fraud. Instrumental in getting the interim orders injunction.

Representing DOIT Urban Ventures(Rana Kapoor Family are shareholders of Morgan Credits) in a petition regarding alleged fraudulent transactions under section 7,95,45 and 66 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

Representing a group company of HDIL Group in petitions filed under section 7 of the Insolvency and Bankruptcy Code, 2016. Obtained dismissal orders in one of the petitions against one of the most renowned banks.

Litigation

Multi Commodity Exchange of India Ltd - Represented MCX and Financial Technologies, in challenging a SEBI order in relation to non-issuance of license to trade in segments like trading in shares derivatives, etc.

Also, represented MCX before the Whole Time Member of SEBI to obtain the approval to start operations in both cash and derivatives segments of equities as well as interest rate of future and wholesale debt segment.

Believe International S.À RL [“Believe”]: Advising Believe in relation to the cross-border merger with its wholly owned subsidiary - Ishtar Music Pvt. Ltd. [“Ishtar”]. In a first of a kind “Outbound Merger” taking place under the regulatory regime of - (a) Foreign Exchange Management (Cross Border Merger) Regulations,

Telecom Regulatory Authority of India (TRAI) - Represented TRAI in litigations initiated by telecom companies against certain regulations issued by TRAI.

Percept D’Mark Gulf LLC and Percept Holdings Pvt. Ltd. - Representing the two Percept Group entities in the Arbitration

Sony Pictures Films India Pvt. Ltd. - Advising Sony in initiating litigation including action under the Insolvency and Bankruptcy Code

Film and Television Producers Guild of India - Represented Film and Television Producers Guild of India before the Hon’ble Ministry of Human Resource Development with regard to the amendments to the Copyright Act, 1957

IDFC First Bank Ltd. (“IDFC”) - Instrumental in successfully effecting the merger of Capital First Limited (CFL) and IDFC Bank on record and in the transition of proceedings from the Hon’ble Bombay High Court to the appropriate Debt Recovery Tribunal for continuance of the recovery procedure. After merger, it is known as IDFC First Bank Ltd.

Cape Of Good Hope (Akshay Kumar’s Production House) - Representing them in key litigation for their various films.

Bankruptcy & Insolvency

Represented IDFC First Bank in various insolvency proceedings initiated against its corporate debtors before the National Company Law Tribunal, Mumbai as well as the National Company Law Appellate Tribunal.

Reliance Infratel Ltd, Reliance Telecom Ltd & Reliance Communications Ltd, represented before the National Company Law Tribunal , Mumbai Bench in respect of three separate Company petitions filed against the aforesaid companies by the Petitioner namely Ericsson India Pvt. Ltd. (Operational Creditor/ “Ericsson”) under Sec.9 of the Insolvency and Bankruptcy Code, 2016 for having defaulted in paying Ericsson for the aggregate sum of INR 9,78,72,06,974/- in relation to the services rendered by it in terms of the Managed Services Agreement.

Advised and represented Reliance Communication Ltd. & its affiliates (ADAG), in the insolvency proceedings initiated against them by one of the operational creditors. The matter was of great significance for ADAG and was taken right up to the Supreme Court, to safeguard the interest of ADAG’s lenders, including major public sector banks.

Advised and represented ADAG group of companies (erstwhile Reliance Nippon Life Asset Management Limited), against one of the renowned real estate development companies in New Mumbai, in proceedings filed before NCLT, Mumbai, under Section 7 of the Code.

Advised and represented ADAG group of companies, against a real estate development company in Pune, in proceedings filed before NCLT, Mumbai, under Section 7 of the Code. We were successful in getting the matter settled between the parties.

Advised and represented ADAG group of companies, in an intervention application filed in the insolvency proceedings initiated under Section 7 of the Code by another investor, Vistra ITCL (India) Limited against one of the real estate development companies in Mumbai, namely, Darvsh Properties Private Limited

Advising and representing the suspended directors of Dighi Port Limited (“Dighi Port”), in the Corporate Insolvency Resolution Process (CIRP), initiated against Dighi Port. Dighi Port owns the multi cargo, all weather port in India, which pursuant to the approval of the resolution plan by NCLT and NCLAT has been transferred in favour of Adani Group.

In addition to the CIRP process, we are representing suspended Directors of Dighi Port in various miscellaneous applications filed, inter alia, challenging the process followed by the Resolution Professional in seeking approval of Resolution Plan of Adani Group.

Represented Balaji Roads Infrastructure Limited (“BRIL”), promoter of Dighi Port, in a Company Petition filed by Supreme Infrastructure India Limited under Section 9 of the Code, for initiation of the CIRP, wherein we disputed the claim made arising out of the terms of separate contracts relating to the construction of roads, warehouses, etc. The company petition was dismissed is pending before NCLT, Mumbai for adjudication.

Advising and representing, Workstore Limited, a leading office supplies manufacturer in a petition filed against it under Section 9 of the Code, by one of its alleged operational creditor, for the alleged dues under the Leave & License Agreement.

Advised and represented Unity Infraprojects Ltd. (“Unity”) in a petition filed under Section 10 of the Code, considering Unity’s financial crunch that required its debt restructuring.

Advising and representing Radiant World Assets Management Company Limited (“Radiant”), successful resolution applicant, before NCLT, Mumbai in respect of the Corporate Insolvency Resolution Process of Gajanan Industries Limited. The resolution plan of Radiant is approved by the Committee of Creditors (“COC”) and the same is pending approval of NCLT. We are advising Radiant in seeking withdrawal of its resolution plan after approval by COC in light of change of circumstances.

Twin Star Technology Limited (“Twin Star”)part of Vedanta groupwhose resolution plan is approved by the Committee of Creditors. Twin Star is a part of Vedanta group of Companies. The resolution plan of Twin Star is pending for NCLT’s approval, whereas another resolution applicant, a jersey-based company has challenged the resolution plan on the ground of basis. We are advising and representing Twin Star

Advising and representing various entities of Future Group in various proceedings initiated by the Operational Creditors. We have also been instrumental in negotiating the settlement terms on behalf of Future Group.

IPR Litigation

Represented Lux Industries Limited in a complaint instituted by J G Hosiery Private Limited, wherein it was claimed by Amul that the Lux. advertisement starring Actor Varun Dhawan was a copy of the ‘Amul Macho Toing Ad’. ASCI’s Consumer Complaint Council (CCC) while considering the complaint and the response filed on behalf of Lux, held that the over-all form and impression between the Two Television Commercials is entirely different.

Represented a pharmaceutical company, Cipla Industries Pvt. Ltd, before the Full Bench of the Bombay High Court, wherein the Court passed a dictum on the inter play between Sections 29(4) and (5) of the Trade Marks Act, 1999, and discussed at length the nexus between the two, where the subject matter of dispute revolved around use of similar trademark by third-party as part of trade identity and whether the same would constitute as trademark infringement.

Represent Quantum Advisors Pvt Ltd, before the Bombay High Court for a trademark infringement suit wherein claims are raised against Quant Mutual Fund advisors for trademark infringement for thre infringing use of the mark “Quant”, wherein the Courts have reserved orders for Interim Relief.

Represented Super Cassettes Industries (Tseries) in the matter filed by one Nandi Chinni Kumar at the before the District Court Kukatpally Telangana, High Court of Telangana and Supreme Court of India. Claiming copyright in personality rights, in an Amitabh Bachchan-starrer "Jhund" movie.In view of the successful settlement and order against Nandi Chinni Kumar for breach of settlement terms the film JHUND was theatrically released on 4th March 2022, without any objections or demur.

RepresentedT-series in acommercial IP Suit filed by musician Ritviz Shrivastava for the alleged infringement, adaptation and use of the song ‘Udd Gaye’ in the film Pati Patni Aur Woh.The matter has not received any injunction order, as a consequence thereof the film titled “Pati Patni Aur Who” was successfully exhibited and exploited Theatrically and on Television and on the OTT platform ‘Amazon Prime’ without any demur.

Represented Pooja Entertainment Pvt. Ltd. in a copyright infringement suitfiled at the City Civil Court in Bangalore to stay the release of the Film, “Bellbottom” alleging that it infringes the rights in his Kannada film by the same name. Detailed arguments were advanced in the matter and the Interim Application was rejected by the Hon’ble Court.

Represented Abundantia Entertainment Private Limited to protect the remake rights in respect of the Tamil language filmtitle SooraraiPottru. The Madras High Court vacated an Ad-Interim Ex-Parte Injunction which was granted against 2D Entertainment Private Limited and Abundantia. The Court observed that the dispute involves a monetary claim, and the Petitioner did not in any way retain any specific Hindi rights in the film.

Represented the writers of the book “Mafia Queens of Mumbai” viz. Mr. Hussain Zaidi and Ms Jane Borges, before City Civil Court, Bombay High Court and Supreme Court, whose book is adopted into the cinematograph film produced by Bhansali Productions - “GangubaiKathiawadi” and defended claims from stay of sale of books and the cinematograph film.Received favourable orders from the Bombay City Civil, Bombay High Court and Indian Supreme Court, the sale and distribution of the book titled “Mafia Queens of Mumbai” was not stayed.

Representing an airlines “GOFirst” in trademark infringement litigation before the Bombay High Court for obtaining restraining orders.

Corporate Advisory

Advised Vedanta in relation to joint venture with Taiwan based electronic manufacturing conglomerate in setting up a manufacturing facility for semiconductor and display fabs in India.

Advised and assisted RunayaMetsource in setting up joint venture with a global manufacturer of mining and infrastructure solutions.

Advised Imagicaaworld Entertainment (erstwhile Adlabs Entertainment), in relation to fund raise through private equity. We also advised the company and its promoter in debt restructuring and settlement with multiple banks / financial institutions.

Advised and assisted Believe SAin drafting and finalization of the share purchase agreement for acquisition of 100 percent stake in one of the biggest South India based music and film distributor company. Our services included drafting and finalization of transaction documents.

Advised CNIPL in finalization of the share subscription cum shareholders agreement for subscription of 10 percent of its shareholding by the Singapore based technology unicorn.

Advised SRS Orion on the course of action that they need to adopt to secure their rights under the settlement. involved in advising SRS Orion I Investments Limited, SRS Orion II Investments Limited, SRS Orion III Investments Limited (“SRS Orion”) against Maytas Properties Limited (a group of Satyam Computers).

Advised and assisted Flex Trade India (US based company) in transfer of its business undertaking housed in its Indian subsidiary to a Singapore based listed entity, business undertaking was sold on slump sale basis

Advised Yes Bank Limited in relation to multi- parties, multi- jurisdiction funding for a film

Advised and assisted Instastarz in preparation of employment stock option scheme and employment agreement.

Advised Tata Sky Limited conducted research and drafted a Gaming Law Opinion with pan-India analysis in respect of state-bans for online gaming and state restrictions imposed for introducing online gaming in specific territory.

Advised National Film Development Corporation (NFDC) on various co-production deals with Indian as well as foreign film producers.

AdvisedSaavn LLC / Saavn Media Private Limited , inter alia, legal compliance and due diligence measures to be adopted by Saavn as an intermediary under the provisions of the Information Technology Act, 2000. Advised on issues relating to curbing of online piracy of its licensed content, fair dealing provisions under the Copyright Act, 1957.

Advised and assisted Viacom 18 Media Private Limited (Colors, MTV, Comedy Central, etc.) in end-to-end documentation support and services for their film production and distribution business of Indian films in multiple formats worldwide, including theatrical, television syndication and digital platforms.

Advised and assisted Eros International Media Limited (Eros Now) pertaining to their Over-the-Top platform “Eros Now”, telecom and OEM integration deals and marketing deals.

AdvisedTimes studio, a division of Bennett Coleman & Co. Limited  in structuring varied production and development deals with leading publishers and writers to develop original fiction and non-fiction shows and formats for broadcasters and OTT platforms.

AdvisedAdlabs Entertainment Limited in the set-up of theme park ‘AdlabsImagica’, including advice in relation to statutory compliance and certifications, licenses, permissions, and other intellectual property rights issues.

AdvisedPrime Focus World, NV / Prime Focus Limited in the structured investment agreements and production service agreements for VFX and 3D services. Additionally, assisted Prime Focus in relation to private equity investment from AID Partners Capital Limited.

AdvisedBBC Worldwide India Private Limited on ensuring compliance of their content with applicable Indian laws.

Advised and assisted in drafting and closure of the commissioning agreement with Netflix for the web series “Sacred Games” along with all production agreements. Including, all cast and crew agreements in relation to the web-series “Ghoul”.

Advised and assisted Endemol Shine India Private Limited innegotiationson a wide range of agreements including but not limited to assignment/license agreements, writer agreements, cast and crew agreements and provided documentation and advisory support in relation to popular television and digital productions such as Bigg Boss, Masterchef, Khatron Ke Khiladi (Fear Factor), etc. Additionally, advised them on royalty payments in relation to producing films and series.

Advised and assistedMSM Discovery in acquiring a film library of more than 100 films for satellite telecast.

Advised and reviewedOtro Global Limited all the regulatory requirements applicable to broadcasting on-demand programming in India for Otro, a sports platform showcasing exclusive video content created in conjunction with premier footballers including the likes of Beckham, Messi, Neymar Jr., etc.

Author

Some of the books authored: -

  • The Role and Rule of Law: A legal handbook on the Indian Media & Entertainment Industry’ and its subsequent editions.
  • Author of the Book ‘360º OF LAW on Cinematograph Works.
  • Behind the Scenes - Film and Television Trade Associations in India.

Awards

  • Leading Lawyer Legends – Legal Era 2022
  • Elite Practitioner by Asia Law Profiles 2022
  • Top 15 Lawyers of the country – Asia Law Business (ALB)
  • Top Managing Partners – Forbes – Legal Power List 2021
  • India’s Top 100 Lawyers& Legal Icons – India Business Law Journal (IBLJ)
  • Leading lawyer by Chambers & Partners and Legal 500 Asia Pacific region (leading listing journals of UK)
  • Leading Lawyers Rankings 2022 by Legal Era for TMT and Dispute Resolution, Arbitration & Litigation practice
  • In the list of India’s Top 100 Lawyers & Legal icons by India Business
  • Law Journal consecutively since 2016.
  • Recognized in Band 1 for TMT by Chambers & Partners Asia-Pacific 2022.
  • Included in ALB India’s Top TMT/Fintech Lawyers 2021.
  • Awarded Lawyer of the Year (Media & Entertainment at Legal Era Awards, 2021.
  • Awarded Legal Excellence Award for Corporate & Commercial Litigation at Legal Era Awards, 2021.
  • The Economic Times felicitated with the Young Professional Award.
  • Included as Elite Practitioner in Media and Entertainment by Asialaw Profiles 2021.

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