Commercial Litigation

 
The Firm has extensive experience in handling commercial disputes for a variety of clients. The commercial disputes handled by us range from individuals wishing to sue on a straightforward breach of contract to handling multifaceted litigation for corporate houses arising out of complex transactions. Our advocates regularly advise and represent clients in commercial litigation arising out of contractual or tortious claims, disputes with government authorities over licenses and approvals, disputes arising out of partnerships, challenges to government tenders, etc. 

Our commercial litigation lawyers regularly advise on commercial litigation strategy and represent clients in the Supreme Court, the High Court of Delhi and subordinate courts and tribunals in a variety of commercial matters. We work closely with clients to come up with long-term and cost-effective solutions for their disputes. Our depth of experience has made us adept at strategizing and executing high profile commercial litigation. 

Commercial Litigation Law Firm

Key highlights

 

  • The Firm has been representing F Hoffmann La Roche Ltd. and its group companies in a commercial civil suit challenging the approval and authorization for marketing granted by the Drugs Controller General of India (DGCI) to a bio-similar drug of the rival defendant on the basis of its unfounded and wrong claim of bio-similarity to Roche’s innovator drug bevacizumab, which is approved globally for various forms of cancer. Roche’s claim is that the procedure prescribed under the applicable laws for the manufacturing of a bio-similar drug has not been followed while granting such approvals.  
  • The Firm represents DLF Info City Developers (Chennai) Ltd. and DLF Info City Hyderabad Ltd.in Special Leave Petitions filed by the Union of India before the  Supreme Court in a matter which raises the crucial question of law as to whether export duty can be levied on goods supplied from Domestic Tariff Area to a Special Economic Zone either under the SEZ Act, 2005 or the  Customs Act,1962.  
  • The Firm successfully represented the Mumbai International Airport Authority (“MIAL”) before the Supreme Court in a petition filed by the employees of Air India Ltd., challenging the actions carried out by MIAL in respect of the Housing Colony Lands that were demised to MIAL pursuant to the privatisation of Air India.   
  • The Firm successfully represented Mr. Nusli Wadia against Ivory Hotels and Properties Pvt. Ltd. and Ferani Hotels Pvt. Ltd. before a Full Bench of the Supreme Court in a landmark litigation pertaining to the interpretation of the term ‘jurisdiction’ used in Section 9A of the Code of Civil Procedure, 1908, as applicable in the State of Maharashtra. The Firm succeeded in the litigation, with the Supreme Court holding that a question of limitation cannot be decided as a preliminary issue of jurisdiction under Section 9A.  
  • The Firm successfully represented Tata Steel Ltd. in the Supreme Court when their lease of 100 acres of land in Adityapur, State of Jharkhand to establish a steel plant was cancelled by the State of Jharkhand. The Firm obtained a stay of the cancellation order and the cancellation was eventually set aside by the Supreme Court. 
  • The Firm has been representing Glenmark Pharmaceuticals before the High Court of Delhi to seek a price exemption for its novel drug under the Drug (Prices Control) Order, 2013 from the National Pharmaceutical Pricing Authority. The High Court has made the stay order absolute against the said price notification. 
  • The Firm successfully represented the Indian Jute Mills Association (IJMA) before the Supreme Court in a special leave petition filed by the South Indian Sugar Mills Association (SISMA) and the Indian Sugar Mills Association (ISMA) challenging an order of the High Court of Karnataka dismissing a writ petition filed by SISMA seeking quashing of a notification by which the Central Government had mandated that 20% of the total production of sugar shall be packed in jute packaging. The Supreme Court dismissed the special leave petition in favour of IJMA. 
  • The Firm represented Moon Beverages Ltd., the bottler for the Coca-Cola Company operating out of North India, before the Supreme Court challenging a decision by the National Green Tribunal by which it had saddled Moon Beverages with the liability to pay environment compensation. The Firm was successful in securing a stay order on the operation of the judgment of the NGT.   
  • The Firm successfully represented Modi Naturals Ltd. before the Supreme Court in a landmark judgment involving the interpretation of the provisions of the Uttar Pradesh Value Added Tax Act, 2008. The Supreme Court set aside the judgment of the Allahabad High Court and reinstated the orders passed by the Commercial Tax Tribunal, thereby allowing Modi Naturals Ltd to claim full Input Tax Credit on the purchased goods used in the manufacturing process. 

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