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

Madhu-Gadodia

Madhu Gadodia

  • Deputy Managing Partner

Practice Area/Industry Focus

Technology, Media & Telecommunication (TMT), Banking & Finance, Non-Banking Financial Companies (NBFCs), Indian Bankruptcy Code, Intellectual Property Rights (IPR), Non-conventional Media practice (like Digital Platforms), Debt Recovery.

Highlights of Professional Journey

Madhu has been a known name in the Media & Entertainment sector, having represented some of the biggest individuals and brands. She is an expert in the field of Intellectual Property and her practice covers not only copyright, but also all areas covered under IP including trademarks and patents. She has an extensive experience handling multiple portfolios of work scattered across various fields including gaming and all facets of established and emerging new media.

She also handles Banking & Finance matters at the Firm and has been representing some of the biggest Financial Institutions and Non-Banking Financial Companies (NBFCs). She has handled some of the largest claims in Debt Recovery matters and is now handling a lot of work under the Indian Bankruptcy Code (IBC).

Madhu has advised over 500 film production and distribution deals, rendered legal assistance in acquisition of film libraries and format rights, service agreements, licensing agreements and technology related to intellectual property as well as E- Commerce. She has been instrumental in structuring complicated financing-cum-distribution deals, production and co-production deals for Bollywood production houses and Hollywood studios. Besides the Supreme Court of India and High Courts across various states, key forums where she has been appearing include National Company Law Tribunal (NCLT), Film Certification Appellate Tribunal (FCAT) and Debt Recovery Tribunal (DRT). She also has extensive experience and has represented Indian Broadcasting Federation, as well as the associations of television and film producers including IFTPC and IMPAA. She has also represented a leading broadcaster before TDSAT in its dispute with distributor and Indian Broadcasting Federation in its challenge to certain provisions of the Copyright Act, 1957 and amendments thereto.

Some of the noteworthy clients represented by her are Amitabh Bacchan, Deepika Padukone, Applause Entertainment, Maddock, Anil Kapoor, Sonam Kapoor, Ramesh Sippy, Manmohan Shetty, Shashi Ranjan, Viacom 18, T-Series, Tips Industries, Saavn, Phantom, Endemol, Creative Eye Ltd., Pen Films Ltd., Friday Film Works, Kwan, Bling, Collective, CA Media, IDFC Bank and Reliance Broadcasting.

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.

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).

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

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 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.

Represented T-series in a commercial 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 suit filed 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 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 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.

Advised Saavn 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.

Advised Times 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.

Advised Adlabs 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.

Advised BBC 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 assisted MSM Discovery in acquiring a film library of more than 100 films for satellite telecast.

Contact Me