LexCounsel > New Delhi, India > Firm Profile

LexCounsel > Firm Profile

The firm: LexCounsel is a New Delhi-based full service law firm with an office in Bhubaneswar and associate offices in major cities across India. It provides comprehensive legal services to a broad spectrum of domestic and international corporations. The firm is recognised as a leading law firm and is known for its work in M&A, private equity and funding education, clinical trials, satellite leases, retail, and licensing and franchising.

Areas of practice: Some notable transactions, representations and advice for 2020-2021:

Corporate and M&A: EG A/S, Denmark in the India part of its global acquisition of FrontAvenue A/S, Denmark; Goodyear Tyres, India in conducting an Environment Health & Safety audit at a manufacturing site with reference to compliance with its global standards/regulations and Indian laws; Dhampure Speciality Sugars, India concerning transfer of a business including alternative structures and negotiation and finalisation of the shareholders and share subscription arrangement; DeepR Analytics Inc., Canada concerning setting-up the business operations in India and various contractual matters; Synergy Industries, USA concerning tender submission with a public sector enterprise in India for supply of equipment and advice concerning management and/or dissolution of an Indian LLP entity; Fern N Petals, India in development and advise on implementation of the Corporate Social Responsibility Policy; Prodigy Development Institution, India advising the section 8 company concerning loans from its foreign shareholder including advice on Reserve Bank of India regulations applicable to such ECBs; Kamonohashi Project, Japan on its India related programs concerning anti-human trafficking; LeapStart Trust a SEBI registered VC Fund in strategy and response to complaints filed with the Serious Fraud Investigation Office, Government of India and with SEBI and assisting in dismissal of  complaints; Gajju Technologies India on foreign exchange regulations and foreign contribution laws of India including related to receipt of grants and funding for the online platform of the company developed for assisting parents receive loans for school fees.

Data protection: Ropes & Gray LLP/Blackstone in collaboration with Ropes & Gray LLP, advising Blackstone on the the possibility of Blackstone requesting its Indian employees to provide information and documents concerning their COVID vaccination; A diplomatic entity on steps and measures to be taken concerning a proposed HR survey of employees related to performance and appraisals and the access and storage of such survey related information; Safehouse Technologies in drafting and finalizing the end user license agreement and privacy policy required to be agreed by the customers installing the mobile apps of Safety Technologies; New Line Networks LLC, US in comprehensive advice on a services agreement to be executed with an Indian services provider related to setting-up data station in India; Autus Capital Mauritius Ltd on its proposed arrangements for receiving services related to designing and development of automated trading strategies software to be used for itself and its investment funds.

Defence and aviation: AS Strategic LLP in review, negotiations and execution of contracts for collaboration with different domestic and international partners for engaging in manufacturing, marketing, distribution and sale of defence related components; and in setting-up the joint venture companies and implementing joint venture arrangements in India for undertaking licensing of proprietary technology used in defence and aerospace equipment; Steria India on issues related to the new Defence Acquisition Policy, its implications on the Indian Offset Partners and foreign parent with respect to offset contracts under the offset policy under DPP 2013 and enforceability issues.

Dispute resolution – arbitration: Depa India in obtaining a favourable award against NSD Global concerning interior works at Mumbai International Airport; SSIPL Retail in several arbitration proceedings with respect to dispute with retail outlets across India, triggered by COVID-19 and ensuing lockdowns; Carlsberg India in its disputes with vendors and third parties including and not limited to representation before the Supreme Court of India, Odisha High Court and NCLT in execution proceedings seeking enforcement of arbitral award; Viceroy Engineering in arbitration proceedings in relation to claims and counter claims by and against the Swiss counterpart towards the technical services provided for airport security screening equipment; Prem Nath Motors Group before the High Court of Delhi for securing and enforcing an arbitral award; Prodigy Development Institution in arbitration proceedings with respect to disputes with a school Trust arising out of an agreement to sell and obtaining an award in the favour of the company.

Dispute resolution – litigation: Indus Motors India in representation of shareholders in an oppression and mismanagement (O&M) petition before NCLT, Kochi Bench and in related proceedings including before NCLAT; Proceedings against Call Express Construction (India) Pvt. Ltd. in representation of shareholders and homebuyers including in criminal proceedings before the Madras High Court; Punjab Gas Cylinders in assisting the majority shareholder of the Company in an O&M petition before NCLT, Chandigarh; An HNI before the NCLT, New Delhi, in relation to transmission of shares to the legal heir and rectification of the statutory registers of a private limited company; Paviour Pharmaceuticals in a writ petition against National Pharmaceuticals Pricing Authority for arbitrary fixation of price of an operation theatre drug; Expedient Healthcare concerning a writ petition against wrongful suspension of the accreditation status by the NABL before Punjab and Haryana High Court; Habeas Corpus by a Sri Lankan Citizenconcerning filing of a writ petition seeking custody of minor children and directions against the mother of minor children; A major group in retail business in invocation of force majeure clauses of various lease arrangements arising from COVID-19 impact, in successful termination and vacation of the properties and receipt of refunds; CPA Global India related to notices received concerning new hires from their erstwhile employer and response to the notices and filings in court; Macmillan Publishers India before the District Court in Gurgaon, Haryana, in an action initiated by an ex-employee of the company concerning termination of his employment; Openmind e-Design in a case of data theft instituted by the previous employer of a former employee; Ferns N Petals India, and, Allmed India in host of recovery actions for cheque dishonour before various district courts across Delhi; Fortune Park Moksha Hotel representation before the District Court in Chandigarh in a dispute related to infringement of trade mark “Moksha”.

Education: FICCI ARISE, India, a collegium of stakeholders representing the school education industry within India in preparing and providing comments to the draft ‘School Safety Manual’ proposed to be introduced by the government for all schools across India; C2C Global Education Group, Japan in its project of setting-up and operating K-12 schools in India including incorporating subsidiary companies in India, advising on the foreign contribution laws of India and assisting with the services arrangements; DIT University assisting and advising in its collaboration with Wellington College, U.K for K-12 residential and non-residential schools in India; Meru International School, Hyderabad on restructuring and optimizing its operations in view of the applicable state education laws, laws governing the societies, income tax and GST laws; Elpro International School in collaboration with Naemd Eduworld LLP for introduction of specialized career oriented educational programs for  students; SAI International School in amending the rules and regulations of the society to enable it engage in setting-up and operating higher education institutions and also in its proposed collaboration for a K-12 educational institution in Kolkata; Mosaic International Education LLP in drafting and finalizing its template master services agreement to be executed with multiple education institutions; Global Indian Schools Group Companies assisted and advised 4 separate entities in each of their restructuring and amendment of the charter documents in view of exit of a foreign investor.

Health, lifesciences and biotech: Boston Scientific, in the India leg of the global acquisition of the surgical business of Lumenis Ltd. and assisting and advising on laws applicable to medical devices; LabourNet Services India in its setting-up and operation of Telemedicine Centres/Clinics in India including advice on the applicable state specific licenses/registrations/permits and compliances required for operating the Telemedicine Centres/Clinics in six states; Nomads Neutraceuticals India in conducting due diligence of the manufacturer of plant based nutraceutical products as a precursor to negotiations and execution of the Term Sheet for potential investments.

Intellectual property: Ferns n Petals in its contractual arrangement for acquisition of intellectual property rights in a book for conversion of book into a film and/or web series; Kamonohashi Project, Japan in its arrangement for engagement of a services provider for development of the MIS including copyright related advice related to development of MIS as ‘work for hire’ and transfer of all intellectual property rights in the MIS including the source code to Kamonohashi Project; DIT University in its sub-license arrangement with Wellington College, U.K for use of marks for setting up K-12 residential and non-residential schools in India under the Wellington brand; Hahn Loeser & Parks LLP in advising its client OBIC LLC vis a vis proposed Master License Agreements for license of trade marks to be used for solar heat reflecting coatings and water proofing products proposed to be sold in India; Dhampure Speciality Sugars Limited concerning transfer of the intellectual property including trademarks and copyrights from another entity; Ryan Foundation with respect to client’s brand license arrangement with a company engaged in operation and management of educational institutions; Macmillan Publishers India on issues related to author royalty payment and entitlements of the author’s legal heirs to receive royalty payments; Emerald Heights International School in legal action against a school using the name ‘Emerald Heights’ without authorization; Pathways School, Gurugram concerning unauthorized use of the mark ‘Pathways School’ in the name of the association formed by the parents including ‘cease and desist’ action; The Universities and Colleges Admissions Service, UK in registration of their mark ‘MYRIAD’ with the Registry of Trade Marks in India; an UK Client in protection of the trade mark ‘Little Life’ by filing an opposition against the registration of the trade mark and contesting the registration in the Kolkata trade mark registry. 

Labour and employment: Goodyear Tyres India in its conduct of disciplinary proceedings against sales associates based on complaints from dealers of the company; CPA Global India in preparing a response to the enquiry report issued by the labour inspector under social security legislation viz. Provident Fund; Openmind e-Design in relation to termination of a senior management employee for criminal and other misconduct related issues and in advice on payments and damages related to such termination of employment; NSF International with its India leg of global restructuring of operations and internal employee organogram and the issues of contention inter alia including change in work location of employees, amending the matrix of the reporting structure, assigning new role titles to the employees etc; EG A/S in drafting and finalizing a CEO employment agreement proposed to be executed with the CEO of FrontAvenue Infosolutions post acquisition of 100% stake in the Indian company; Emerald Heights International School in undertaking an HR audit and advising on the compliances required to be undertaken for all category of employees ranging from teaching to non-teaching staff, sports coaches etc.; Pluralsight Inc on the SOPs to be implemented and liabilities of an employer on account of any non-compliance with the safety protocols concerning COVID 19; Thea Kitchen in various issues related to reduction of salaries, termination of employment and structuring of rider arrangements with delivery personnel due to the issues arising from Covid 19; Suzlon Energy Limited, India: in relation to CTC/wage structure of its employees from the view point of applicable provisions of the recently enacted Labour Codes; DeepR Analytics Inc., Canada assistance concerning termination of services agreement with a service provider and transition of the employees from the service provider to client’s subsidiary company in India; SSIPL Retail with assistance in relation to transfer of its Nike retail business and transfer of employees under the applicable Indian laws.

Real estate: Takshila Educational Society in undertaking title due diligences for acquisition of properties in various states including Bihar, Gujarat and Delhi and preparation and registration of sale deeds for acquisition of properties in various locations; CPA Global in undertaking a title search from the records of the jurisdictional Sub-Registrar of Land and Registrations and offices of the Municipal Corporation for an identified property; Global Indian School, India in advising on FDI policy applicable to receipt and utilization of  foreign capital for acquisition of land parcels and constructing buildings for educational institutions; An US based HNI in title verification of his property situated in Gujarat, India and further advising on the title transfer procedures including but not limited to procedure related to sale of property treated as ancestral property; An India based HNI in collaboration with an entity for construction and sale of residential floors to individuals pursuant to assistance in acquisition of the land by the client; FNP Weddings & Events on termination of a lease/sub-license agreement for a property by client and potential strategies for post-termination disputes; Pilatus Aircraft in response to notice received from the erstwhile lessor claiming damages for terminated lease of India office; Mother India Education Society concerning unlawful termination of its lease deed for running a CBSE school by the lessor, a public sector undertaking.

Restructuring and insolvency:  Carlsberg, India in its participation in the corporate insolvency resolution process for Mount Shivalik Industries Limited as well as in initiating an action for insolvency against Accord Distillers and Brewers as operational creditor before NCLT, Chennai; Hindustan Coca-Cola Beverages, India in corporate insolvency resolution process of Integrated Caps Private Limited as financial creditor and attending meetings of the committee of creditors and representation before the IRP and vetting and submitting the claims of the company as a financial and operational creditor; White Metals, India before NCLT, Delhi and NCLAT against the wrongful and concerted acts of the alleged creditor and the financially weak prospective resolution applicant company and assistance in making of resolution plan by the promoter; Educomp Solutions, India on implications of the proceedings initiated by the banks under the SARFAESI Act and insolvency process under the IBC; Globalite Industries with regard to multiple actions for and against the Company by different entities before NCLT for debt and default and also advised on the post corporate insolvency resolution process regime of the Company and advised the management of the Company against the actions taken by the IRPs under various scheme of IBC; DEPA India concerning action for insolvency against Nitesh Hotels and Residency Ltd, a company based out of Bangalore before NCLT, Bengaluru; SKF India Limited in representing its Trust and initiating an action for insolvency against a government corporation before NCLT, Chandigarh Bench.

Retail and franchise: Lotto Sport Italia in structuring and finalization of documentation with Flipkart concerning marketing, advertising, promotion and sale of Lotto products in India on e-com marketplaces; Capital Ventures, India in its contractual arrangement with Multiplier Brand Solutions for receipt of services concerning development of store concept and interior designing and setting-up of the retail stores for sale of FMCG products; SSIPL Retail Limited in end to end assistance in transfer of its Nike retail business.

Tax: International Taxation – New Line Networks LLC, USA in assessment of potential GST applicability on the services fees proposed to be paid to Indian service provider for setting up data station in India; ARIGN Ltd., UK in conducting direct tax and indirect tax assessment of the service fee to be paid to a consultant engaged for sale of software subscriptions within India and indirect tax assessment of the subscription fee to be received from sale of software subscriptions to customers in India; Safety Technology Holdings Inc, USA in advising on tax structuring and agreements for appointment of consultants in India to providing specialized engineering services to the US company; DIT University in advising on tax issues including creation of permanent establishment in relation to collaboration with Wellington College, U.K.
Domestic Taxation – Direct Taxes – A diplomatic entity concerning taxability of the amounts sought to be withdrawn by employees from provident fund accounts prior to period stipulated in law and variation and exceptions applicable; Takshila Educational Society on income tax implications related to transfer of certain identified assets by the client to a Trust and assessment of the charter documents of both entities; Parivartan Foundation in applying for tax exemptions and seeking re-registration under the applicable provisions of the Indian income tax laws governing exemption of income; Suzlon Energy Limited, India concerning CTC/wage structure for its employees/workmen/consultants from perspective of Indian income tax laws and reviewed and assessed the standard workforce contracts.
Domestic Taxation – Indirect Taxes – Tech Force Composites, India in strategizing the grounds for defending a Special Leave Petition filed by the GST Department and representing in the dispute pertaining to non-entitlement of Input Tax Credit; Gajju Technologies, India on GST applicability on receipt of grants and funding for an online platform; Elpro International School, India in the proposed structure for setting-up a new school and GST applicability on the lease/license arrangement proposed to be implemented for the new school.

TMT: 10Band LLC, USA assisting and advising the Delaware based company, in collaboration with Hogan Lovells US LLP, on the applicable telecom regulatory regime of India including licenses from the Indian telecom authorities for its proposed project of setting up a radio antenna station in India for receiving data using identified frequencies; SKF India Limited in setting-up of an e-commerce platform for sale through distributors. Safehouse Technologies, India in relation to multiples agreements with the parent company in Israel engaged in manufacture of cyber security related products for distributorship rights and concerning transactions with leading Indian telecom service providers regarding sale and distribution arrangements of digital security solutions.

Additional information
Contacts
Seema Jhingan (sjhingan@lexcounsel.in)
Alishan Naqvee (anaqvee@lexcounsel.in)
Dimpy Mohanty (dmohanty@lexcounsel.in)

Languages: English, Hindi and other Indian languages

Other offices
Bengaluru
Bhubaneswar
Chennai
Hyderabad
Kolkatta
Mumbai

Member
Delhi High Court Bar Association
Alliott Global Alliance
ILN (International Lawyers Network)
IR Global

Number of lawyers: 35
At this office: 17

Lawyer Profiles

Photo	Name	Position	Profile
	Ms Rupal Bhatia	Partner	View Profile
	Mr Abhijeet Das	Partner	View Profile
	Ms Seema Jhingan	Founding Partner	View Profile
	Mr Dhruv Manchanda	Partner	View Profile
	Ms Dimpy Mohanty	Founding Partner	View Profile
	Mr Alishan Naqvee	Founding Partner	View Profile