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

Deepak-Deshmukh

Deepak Deshmukh

  • Associate Partner

Practice Area/Industry Focus

Litigation, Arbitration - Domestic and International, Insolvency & Bankruptcy, Commercial Disputes, Criminal Litigation.

Highlights of Professional Journey

In his 12 years of practice, Deepak has gained varied experience in the field of Dispute Resolution. He has been advising and representing clients before forums located across the country, with special focus on forums located in Mumbai and other jurisdictions in Maharashtra. He plays a key role in advising clients on complex issues, including cross border disputes. He regularly appears at the Bombay High Court, NCLT, NCLAT, DRT, DRAT and City Civil & Sessions Court Mumbai.

With his varied experience and active involvement in the Litigation and Arbitration matters, he also has expertise in representing clients from diverse industry sectors including Finance, Retail, Media & Entertainment and Private Equity sectors. Due to his ability to find solutions and creating legal strategies with finesse, he has been a preferred choice of clients for in handling matters that involve complex legal issues

Some of his notable clients he has worked for include, Future Group, ADAG Group, SRS Investment, Percept etc.

International Arbitration

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.

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

Dispute Resolution

High profile white collar

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.

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,

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

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, Work store 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 Infra projects 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 group whose 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.

Advising Eberspächer Group in a dispute with a JV partner in regards to a claim of EUR 6,905,753 in respect of the outstanding payments in relation to (a) Royalties; (b) Research & Development, (c) Expat & Support, (d) Support; and (e) Technical Support.

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