Professional Documents
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EXCELLENCE
VALUE
DISPUTE RESOLUTION
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H SA Advocates has a highly recommended Dispute Resolution practice.
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We are one of the top advisors in the area of civil, commercial and banking
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disputes, regulatory matters and criminal jurisprudence. Our dispute and
litigation lawyers have the expertise to identify and execute most appropriate business
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solutions to legal disputes including pursuing or defending litigation, arbitration,
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mediation and regulatory matters. We are one of the top tier firms handling disputes with a
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vast experience in sectors such as airports, banking, electricity, manufacturing, oil & gas, real
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estate, roads, intellectual property, service and telecommunication. We work in close
collaboration with the corporate commercial, contractual, regulatory and banking teams, to
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create compliance programs and perform risk assessments in order to serve the client better.
Chambers Asia Pacific 2017 Legal 500 – Asia Pacific 2017 Chambers Global 2016
Noted for – 'Dispute Resolution' Consistently ranked as a Tier 1 law firm - Noted for – ‘Dispute Resolution’
‘Dispute Resolution’
CLIENT SPEAK
“ I 'm very impressed. Their response time is great, their analysis has been helpful, and they 've been pretty
proactive.”
“The key strengths of this team are its efficiency and quick turnaround of deliverables, as well as its strong subject
matter expertise.”
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PRACTICE INCLUDE
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ARBITRATION
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Arbitration is one of the most prevalent modes of dispute resolution which comes with its own set of
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complexities and challenges. HSA has a well-recognised and award-winning arbitration practice and
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has represented various Indian and international clients in institutional as well as ad hoc arbitration
proceedings in India and overseas.
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Mediation is a form of alternative dispute resolution, although in India, the same may also be statutorily
mandated (for instance, under industrial dispute laws). HSA has represented the interests of its clients in
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various such mediation proceedings and has assisted clients in arriving at the best possible conclusion of such
matters.
LITIGATION
HSA has represented its clients on highly complex and technical commercial disputes before various judicial and
other fora, including disputes relating to M&A transactions, service and supply agreements, intellectual property,
tax and property-related matters.
HSA has defended its clients in criminal proceedings arising out of criminal statutes, as well as other statutes
providing for criminal penalties, including labour, industrial and environmental matters and handled cases of
white collar crimes and criminal trials.
Our team has represented clients in issues arising out of various provisions under the Companies Act, 1956 and
2013, including prevention of oppression, rectification of registers and mismanagement; and has also
represented clients in matters relating to the Insolvency & Bankruptcy Code.
Our banking litigation team also advises leading banks and other financial institutions on some of the largest and
most complex financial disputes. Our banking litigation clients typically face contentious issues which are high
value, reputation-threatening, and often multi-jurisdictional and our team at HSA have handled all such matters
successfully.
PRE-LITIGATION ADVISORY
We at HSA understand that in commercial disputes, arbitration, litigation, tax, competition/ antitrust law and
regulatory matters, the level of preparedness is achieved only by developing a strategic yet objective approach
and by critically analysing any issues that may arise prior to the commencement of any case. HSA not only
develops the strategy to be adopted but also advises on the potential risks and consequences of their actions with
respect to imminent disputes. Since litigations and disputes in India are based upon highly complicated
procedures, such services ensure that clients are fully prepared and positioned before even the commencement
of such disputes. We also advise clients in identifying potential disputes which may assist in remedial actions.
TAX
Providing both tax advisory and litigation services, HSA Advocates has quickly gained a reputation of being one of
the leading corporate tax law firm in India. Clients are advised on a wide range of tax related matters, including but
not limited to direct and indirect tax, customs, excise, foreign trade policy etc. The firm provides services to
several Fortune 500 companies, as the tax practice serves as an ideal complement to the other practice areas,
dovetailing with them to provide a seamless service experience to our clients.
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Shenzhen Shandong
Nuclear Power
Construction Co. Ltd.
Mandom
Corporation MIAL
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WORK HIGHLIGHTS
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Mahindra & Mahindra Ltd., in its various claims against Reliance Group for disputes
relating to Supply and Services Agreement for supply and service of Mahindra make
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Generator Sets. HSA also represents Mahindra & Mahindra (M&M) in several other litigation
and arbitration matters filed by dealers of M&M across the country.
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CTR Manufacturing Ltd. and Linc Pens, relating to intellectual property rights in several claims
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before the High Court, Supreme Court and Patents Controllers.
Kotak Mahindra Bank, Yes Bank, State Bank of India, Lakshmi Vilas Bank, IDBI Bank, IDFC
Bank and Allahabad Bank, in their multiple claims for recovery of debts from various borrowers
across the country. HSA has also represented banks and NBFC's in various proceedings relating to
SARFAESI Act.
SREI Group, in various litigation matters arising out of default by borrowers and enforcement of
securities such as mortgages and hypothecation, winding up/ insolvency proceedings before various
courts in India.
GATX India Private Ltd. (GIPL), a wholly-owned subsidiary of GATX Corporation, an entity
registered under the laws of the State of New York, United States of America, in several disputes
related to wagon leasing agreement against Arshiya Rail Infrastructure Ltd. (ARIL) involving a claim of
around US $ 30 million.
Blue Deebaj LLC, Dubai, in an arbitration proceeding under the International Chamber of Commerce
Rules of Arbitration in respect of a claim by Agstar Fertilizers, Sri Lanka under a contract for sale of
goods governed by English Law.
Tata Power Delhi Distribution Ltd., in several writ proceeding before the Delhi High Court,
challenging the terms and conditions of the Delhi Electricity Regulatory Commission (DERC) Tariff
Regulations.
Hindustan Power Pvt Ltd., (earlier named as Moser Baer Power Pvt. Ltd.) and its subsidiaries, in
relation to various regulatory issues with respect to its solar, thermal and hydro power projects before
different adjudicatory fora.
Mumbai International Airport Ltd., in several matters of tariff setting for the CSI Airport Mumbai and
levy of development fee towards pre-funding of capital expenditure at the airport.
Gujarat State Electricity Corporation Ltd., in several litigations challenging the order passed by the
Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Union of India rejecting
deemed export benefits being duty drawback claims, with respect to import of equipment and
machinery for setting up a non-mega power project in Gujarat.
Nabha Power Ltd., advised on several appeal filed by the client before the Customs Excise Service
Tax Appellate Tribunal, Chandigarh challenging the adjudication order passed by the tax officer
demanding huge service tax on fees charged by Indian Railways for various permissions / clearances,
approval of project report, trial run etc. sought by the client required for construction of a private railway
siding for transportation of coal to the project.
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OUR PRACTICE PARTNERS
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Hemant has extensive experience
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in handling a wide range of commer-
cial disputes, regulatory matters,
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project development related issues and
Hemant Sahai
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environment related matters. He regularly
Founding Partner provides strategic, analytical and technical
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hemant.sahai@hsalegal.com advice on procedural and substantive issues.
+91 11 66387000 Hemant is a trusted legal counsel to some of
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the largest corporates and he also represents
regulatory and policy making bodies, utilities
and authorities.
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Nand has represented numerous
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Nand Kishore corporates and banks in commercial
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litigation and regularly appears before
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various judicial fora in cases pertaining to
nand.kishore@hsalegal.com
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winding up/ insolvency / bankruptcy of
+91 22 43400400 companies, arbitration petition, recovery of
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debts, etc.
MUMBAI KOLKATA
Construction House, 5th Floor No. 14 S/P, Block ‘C’
Walchand Hirachand Marg First Floor, Chowringhee Mansions
Ballard Estate 30 Jawaharlal Nehru Road
Mumbai - 400 001 Kolkata – 700016
Phone : (+91) (22) 4340 0400 Phone : (+91) (33) 4035 0000
Fax : (+91) (22) 4340 0444 Fax : (+91) (33) 4035 0099
Email : mumbai@hsalegal.com Email : kolkata@hsalegal.com