Firm Profile > LexCounsel > New Delhi, India

LexCounsel
B-4/232, Safdarjung Enclave
New Delhi - 110 029
India

Corporate and M&A Tier 3

The corporate and commercial practice at LexCounsel has a broad service offering, which covers acquisitions, share purchase transactions, foreign exchange regulations, as well as company law and contractual issues. The team is retained by a range of clients, showcasing sector-specific expertise of not-for-profit entities, education and life sciences. Alishan Naqvee is the key point of contact for the pharmaceutical industry, while Seema Jhingan has extensive experience handling matters involving educational institutions. Dhruv Manchanda is extremely involved in M&A transactions.

Dispute resolution: litigation Tier 4

LexCounsel predominantly represents clients in corporate and commercial litigation and arbitration. In addition, the firm has recently handled IP, employment, and family law disputes. Alishan Naqvee utilises his background as a corporate lawyer to represent large domestic and international companies in various cases.

Practice head(s):

Labour and employment Tier 4

Dimpy Mohanty leads the employment practice at LexCounsel, emphasising advisory support and HR guidance. Recent matters pertained to workforce restructuring, disciplinary and whistleblower policy implementation, furlough programmes, immigration support and compliance with the Industrial Disputes Act for warehouse staff.

Real estate and construction Tier 4

Transactional matters and title verification are core aspects of the real estate practice at LexCounsel. The team is a go-to choice for educational institutions seeking support in relation to real estate matters. Other areas of focus include assisting with acquisition and leasing of land, commercial and residential property. Seema Jhingan is one of the legal advisors to note in the group.

Other key lawyers:

The firm: LexCounsel is a New Delhi-based corporate and commercial law firm with 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 2019-2020:

Corporate and M&A: G4S Securities, India concerning foreign exchange control and customs regulations applicable to export remittances and factors relevant to adverse lists of Director General of Foreign Trade and the Reserve Bank of India (RBI); Invictus Fund, Singapore in sale transaction of equity shares held in Authorgen Technologies; Hindustan Coca-Cola Beverages, India on foreign exchange laws and other applicable laws and structuring for setting-up merchandise kiosks for sale of branded merchandise from factory and office premises; World Learning Inc, USA inoverseeing implementation of compulsory removal of director in compliance with the Indian subsidiary’s Articles of Association and other corporate documents; Four Tower LLC, USA concerning proposed Master Services Agreement including enforceability of warranty, indemnity and limitation of liability provisions and enforceability of e-contracts; Bain Capital, UK in relation to an Indian entity forming part of a global takeover, conducted pharmaceutical regulatory due diligence and assessed status of pharmaceutical related licenses at the facility of the Indian entity; Expedient Healthcare Marketing, India, viz. ‘Healthians’, in multiple rounds of fund raising from various different resident and non-resident investors, and in agreements with vendors and service providers in representation before the RBI for compounding of contraventions.

Dispute Resolution: 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 before the High Court of Delhi and in arbitration proceedings before the Sole Arbitrator in relation to claims and counter claims by and against the Swiss counterpart towards technical services provided for airport security screening equipment; Prem Nath Motors Group before the High Court of Delhi for securing and enforcing the rights accrued by the client pursuant to an arbitral award arising out of family disputes with respect to division of family properties amongst legal heirs; Zaffarano Hospitality in arbitration proceedings before the Sole Arbitrator in relation to claims qua a commercial lease deed; APT Infrastructure India before the Haryana Real Estate Regulatory Authority and National Consumer Dispute Redressal Commission with regard to it’s real estate project at Gurugram; A UK Citizen with respect to repatriation of funds lying in the India bank account of his deceased father before the Delhi District Court in a dispute initiated by a party claiming right over the funds; A major group in footwear retail business in inter alia recovery proceedings before the High Court of Delhi, contempt petition before High Court of Delhi and other matters relating to trade mark, contracts, employee related and representation(s) before Government departments.

Labour and Employment: CPA Global Support, India in review of internal policies and procedures including whistleblower policy and conducting inquiry for misconduct by an employee and assistance  in relation to a foreign national’s employment visa; NSF International, USA, on India leg of global level reorganization of workforce including concerning legal reporting and organisational structure requirements and specific advice on sexual harassment committees and committee under the Industrial Disputes Act; Thinkthrough Consulting, India concerning fixed term contracts, probation period, renewal provisions and ‘without cause’ termination; Hahn Loeser & Parks LLP, USAconcerning potential hiring of an employee in India by a client in US, creation of permanent establishment and recommendation of alternative arrangement; A diplomatic entity concerning, including but not limited to, COVID-19 pandemic related advice in view of multiple notifications, advisories and guidelines of central governments and various state governments.

Real Estate: Hill Top India Warehousing LLP in its acquisition of land on lease basis in Haryana from individual owners including title verification and in review and finalization of the term sheet for lease with leading global e-commerce company for warehouse; IMS Society, Dehradun in title verification of land in Mumbai for setting-up an IB school in affiliation with an international school brand; Goldspace LLP in potential acquisition of large areas of land from multiple individual owners and assistance in negotiations of arrangement and agreements with DHL for lease of the land for setting-up a warehouse; Thea Kitchen (Biryani Blues) in review of several lease deeds executed for different restaurant premises across India for deferment/suspension of payment of lease rentals due to closure of restaurants on account of COVID-19 pandemic; Galgotias University on laws applicable to private universities within the state of Uttar Pradesh and regulations and land allotment terms prescribed by Yamuna Expressway Industrial Development Authority and Greater Noida Industrial Development Authority; Edvance Pre-Schools, India in undertaking title verification for premises situated in Gurugram and Chandigarh and in negotiations and finalization of the lease deeds and in termination of a leave and license agreement in Hyderabad.

Tax: Four Tower, LLC, USA on potential direct and indirect tax implications related to Master Services including concerning amendments to the Income Tax Act proposing to tax foreign companies determined as having “significant economic presence” (SEP) and criteria specified for determining SEP and Goods and Services Tax (GST) implications arising from provisions applicable to ‘Online Information Database Access and Retrieval’ (OIDAR) services with supplier outside India and the recipient in India; Kamonohashi Project, Japan on activities of a partner NPO to determine the possibility of Permanent Establishment being deemed in terms of the Indo-Japan DTAA; Autus Capital, Mauritius on benefits available to and restrictions imposed on foreign investors to access Indian financial markets through a Mauritian company in view of Indian Income Tax Act, 1961 read with the provisions of the India-Mauritius Tax Treaty; BC Examinations and English Services concerning provisions of Punjab Goods and Services Act, 2017 and Civil Procedure Code and guidelines of the indirect tax department for notices and scope of summons and investigations and the limitations thereon.

TMT: Konami Gaming Inc in drafting and finalization of the software development agreement executed with India based software company for development of gaming software; Four Towers LLC, USA concerning Master Services Agreement for provision of software applications including concerning licensing or registration requirements based on factors including no physical presence in India and location of data servers and permissibility of pass-through terms upon first time access the software; Transaction Solutions International, India concerning e-Surveillance Services Agreement and advice related to e-surveillance services being provided as SaaS without licensing of software; Business World, India’s leading business magazine concerning all legal matters including general advisory and regulatory matters; Exchange 4 Media, India an entity engaged in publishing articles and coverage aimed at media and advertising professionals on multiple legal matters across India.

Data Protection: Four Tower LLC, USA concerning Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Personal Data Protection Bill for end user of the client’s software and assessment and advice on requirement for notification concerning collection of cookies; NSF International, USA concerning storing global employee data centrally in one location and global access by permissioned individuals and advice related to local storage requirements, consent/permission requirements; and transfer or access requirements and placement of employee privacy policy on intranet; QSC India in preparing the terms and conditions for conduct of an online contest amongst the users/customers of the company; Link Locality in preparing the terms and conditions and privacy policy for two different mobile apps; Expedient Healthcare India in framing the terms and conditions of use and privacy policy for different business verticals of the company viz. online platform for providing test sample collection services, telemedicine platform and web platform for creating a database of blood donors; Triggerise B.V. Netherlands concerning applicability of data privacy laws to enrolment of partners, stockists and customers in the earning of ‘Miles’ programs

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; LV Global, India, advice and assistance concerning malicious actions of the IRP in concert with the alleged financial creditor and on risk mitigation during the entire CIRP; 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; Shareholder of Call Express Construction, India in  action for insolvency against the company before NCLT, Chennai including advise to other stakeholders for initiating action in the capacity of homebuyers as financial creditors under IBC; Educomp Solutions, India on implications of the proceedings initiated by the banks under the SARFAESI Act and insolvency process under the IBC; Indus Motors, India before NCLT, Kochi in assisting the shareholders of the Company in opposing an oppression and mismanagement petition filed by the sleeping and dormant shareholders.

Banking, Finance and Investment Funds: Bank of Baroda, Brussels concerning legality of grant of signing power to an incoming expatriate officer in view of the applicable banking laws of India, resolutions passed by the Bank of Baroda and the requirements of the resolution in compliance with the Hague convention; LeapStart Trust in representations before SEBI pursuant to a complaint filed by a unit holder contributor and successful closure of the matter through submissions to SEBI; Autus Capital, Mauritius in collaboration with a UK based investment fund and also advice concerning income tax changes introduced in the budget for financial year 2019-2020 and implications for Category II foreign portfolio investor registered under SEBI.

Health, Lifesciences and Biotech: Goldfinch Bio – The Kidney Company, USA on compliances for the export of DNA samples from India to USA and with reference to proposed Master Service Agreements for accessing patient samples and to use related data and for obtaining clinical and non-clinical related genomic services; Memorial Sloan Kettering Cancer Centre USA concerning telemedicine consultations to physicians in India by MSK’s physician located in New York and the export of human biospecimen for the purpose of reviewing the biospecimen through MSK’s genomic sequencing test; NSF International, USA on the requirements prescribed by the Agricultural and Processed Food Exports Development Authority for obtaining accreditation for certifying organic products.

Intellectual Property: CPA  Global India advise to the company engaged in intellectual property management concerning provisions of the Trade Mark Act and Patents Act related to rights and obligations of registered agents. Also assessed and advised concerning bid criteria for a leading Indian Oil company’s global IP management; Enso Tyres Limited, UK in reply to the provisional refusal order issued by the Registrar of Trade Marks, India; Symbiosis Educational Consultants, Inc.USA in its intellectual property, trade mark protection related matters in India; Indian School of Development Management (ISDM) in trade mark registrations and in responding to issues raised by the Advertising Standard Council of India related to the online advert campaigns. IMS Society, Dehradun in its proposed collaboration with an international school brand for setting up IB schools, conducting an assessment of the trademarks registered by such international educational group in India and rights and liabilities of client as a permitted user of such trademarks; Slingshot Learning in undertaking detailed trade mark searches and preparing search reports related to registration of different trademarks used by the company for its business activities.

Insurance: IVM Intersurer B.V. in its investment in Toffee Insurance group, an insurance intermediary engaged in selling insurance products through a proprietary web platform.

Oil and Gas: Synergy Industries, USA, a leading manufacturer in wireline equipment, in representation with the Ministry of Petroleum and Gas in relation to a tender released by a public sector undertaking in India for procurement of wireline equipment.

Projects and Energy: Usha Breco Limited, India in relation to the Swiss Challenge Method procedure for application and bidding in a ropeway project in Uttarakhand, assistance in preparation of the application and the pre-feasibility report in relation to their proposed ropeway project.

Education: FICCI ARISE, India, a collegium of stakeholders representing the school education industry within India in drafting and finalizing the Framework Document for recording the relationship between FICCI (Federation of Indian Chambers of Commerce) and FICCI ARISE and the management and governance of FICCI ARISE; Association of Unaided CBSE Schools, Madhya Pradesh in representation to the state education department against the notification restricting conduct of online classes by private schools during lockdown due to COVID-19 pandemic; Doon Business School in its proposed arrangement with a state university for managing and operating the business management schools in the Delhi-NCR region; Yamanashi Gakuin School Corporation, Japan on the proposed structure from the perspective of applicable education and foreign exchange control laws and Foreign Contribution Regulation Act, 2010; The Sanskaar Valley School, the ICSE affiliated school in operational audit of the school and review of licenses and registrations of the school; Ryan Schools in its arrangement for operating a K12 CBSE affiliated school in Mumbai; Vidya Mandir Classes in establishing an employee stock option scheme for the chief operating officer and other key personnel.

Not For Profit/Social Development Sector: Kamonohashi Project, Japan concerning inter alia permissibility of the range of operations by partner Not for Profit Organisations (NPOs) in view of foreign contribution/laws related to grants of India and on  options for setting up a not for profit/section 8 company and the short and long term impact of the manner of setting up such company on operations; Triggerise B.V. concerning the regulatory regime applicable to Triggerise group activities viz. engagement in empowerment of women in lower income groups and advice related to queries concerning Grant Agreements, cash pay outs and best operational models.

 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
Chennai
Hyderabad
Kolkatta
Mumbai

Member

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

Number of lawyers: 35

At this office: 17

Department Name Email Telephone
Corporate & Commercial Seema Jhingan
Corporate & Commercial Alishan Naqvee
Corporate & Commercial Dimpy Mohanty
Investment Funds Seema Jhingan
Dispute Resolution Alishan Naqvee
Labour and Employment Dimpy Mohanty
Projects & Energy Seema Jhingan
Restructuring & Insolvency Alishan Naqvee
Taxation Dimpy Mohanty
Telecommunications and IT Seema Jhingan
Media Alishan Naqvee
Aviation & Defence Seema Jhingan
Aviation & Defence Alishan Naqvee
Banking & Finance Seema Jhingan
Banking & Finance Dimpy Mohanty
Education Seema Jhingan
Licensing and Franchising Alishan Naqvee
Regulatory Dimpy Mohanty
Life sciences and biotechnology Alishan Naqvee
Life sciences and biotechnology Dimpy Mohanty
Real estate Seema Jhingan
Real estate Alishan Naqvee
Real estate Dimpy Mohanty
Insurance Dimpy Mohanty
Intellectual property Seema Jhingan
Intellectual property Alishan Naqvee
Intellectual property Dimpy Mohanty
Photo Name Position Profile
Ms Seema Jhingan  photo Ms Seema Jhingan Founding Partner
 Dhruv Manchanda photo Dhruv Manchanda Principal Associate
Ms Dimpy Mohanty  photo Ms Dimpy Mohanty • Position: Founding Partner. • Areas of Practice: General Corporate and Commercial;…
Mr Alishan Naqvee  photo Mr Alishan Naqvee Founding Partner
Number of lawyers : 35
at this office : 17
English
Hindi and other Indian languages
Delhi High Court Bar Association
Contacts : Seema Jhingan (sjhingan@lexcounsel.in)
Contacts : Alishan Naqvee (anaqvee@lexcounsel.in)
Contacts : Dimpy Mohanty (dmohanty@lexcounsel.in)

CLIENT: Dr Engel Dual Academy.

COMPANY/FIRM: LexCounsel 

TESTIMONIAL: We have found LexCounsel to be a highly professional and knowledgeable law firm providing high end and detailed counselling for its clients globally.

A professional approach coupled with quick response time and positive outcomes has been their hallmark in our business association.


CLIENT: Director, Education Salad and ex-Chairman IPSC (an association of 70 plus top boarding and day schools across India).

COMPANY/FIRM: LexCounsel

TESTIMONIAL: Seema Jhingan drafted all documentation regarding educational arrangements undertaken by Education Salad, a consultancy which deals with some of the leading schools.

Impressed with her professional eye to detail I have, in my capacity as former Chairman of IPSC, recommended her to be appointed as Advisor to IPSC so that her expertise is available to many educationists.


CLIENT: A US law firm

COMPANY/FIRM: LexCounsel

TESTIMONIAL: LexCounsel is an outstanding firm – their lawyers are responsive, insightful and focus on what really matters. Seema Jhingan is excellent – very pro-active and thoroughly helpful. She manages her team efficiently and provides sound and careful advice. We have been  thoroughly impressed and would recommend her to others without hesitation.


CLIENT :World Learning Inc. USA

COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Lex Counsel has provided timely and detailed counsel to our organization, including thorough advice and planning on complex corporate and tax matters. We find Lex Counsel to be clear in their responses and reliable even on short timeframes. We have also needed Lex Counsel for a crisis situation and their willingness and ability to jump in and assist was outstanding. They are a solid firm and we highly value our partnership with them.


CLIENT: Raj Mohindra Consultants

COMPANY/FIRM: LexCounsel 
TESTIMONIAL: We have worked with LexCounsel on establishing international educational ventures in India on a range of areas including general corporate and commercial matters, education laws, investment structuring, foreign direct investment and remittance issues, direct and indirect tax etc. We are quite impressed with the depth of knowledge and insight of the LexCounsel Team especially Seema Jhingan on international collaborations/investments in India, structuring of educational ventures, education laws, FDI issues etc.  Promptness, professionalism and high quality services are other positive points while working with the team. We would be happy to recommend LexCounsel for legal assistance/requirements in India.


CLIENT: World Learning Inc. USA.
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Lex Counsel has provided timely and detailed counsel to our organization, including thorough advice and planning on complex corporate and tax matters. We find Lex Counsel to be clear in their responses and reliable even on short timeframes. We have also needed Lex Counsel for a crisis situation and their willingness and ability to jump in and assist was outstanding. They are a solid firm and we highly value our partnership with them.


CLIENT: Raj Mohindra Consultants
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: We have worked with LexCounsel on establishing international educational ventures in India on a range of areas including general corporate and commercial matters, education laws, investment structuring, foreign direct investment and remittance issues, direct and indirect tax etc. We are quite impressed with the depth of knowledge and insight of the LexCounsel Team especially Seema Jhingan on international collaborations/investments in India, structuring of educational ventures, education laws, FDI issues etc.  Promptness, professionalism and high quality services are other positive points while working with the team. We would be happy to recommend LexCounsel for legal assistance/requirements in India.


CLIENT: British Council
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: LexCounsel has provided some really good advice to us on various cross-border transactions. They were knowledgeable about complex areas of law and the advice was well researched.  It was really helpful in taking good management decisions. The firm deputed competent personnel to work with us. They were available when required. It has been a real pleasure working with them.


CLIENT: Interglobe Enterprises (including for Indigo Airlines)
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Many congratulations to you Seema and your team!!  I will also take this opportunity to let you guys know that we have always been very pleased with our engagement with you. It’s a pleasure to work with people who know the meaning of quality and responsiveness and have thus always recommended your firm to others. Keep up the good work!!


CLIENT: Orange Business Services
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: We recently had engaged the services of LexCounsel on a certain complex regulatory matter. I am impressed by their professionalism, dedication and genuine concern towards the matter. LexCounsel and its members have the capability to seized upon a complex matter and articulate a well-reasoned solution for achieving the objectives. We derive great comfort and assurance from the depth of their experience and responsiveness. We look forward to a growing mutually beneficial relationship.


CLIENT: Hollard India Liaison Office
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: As the India head of the liaison office, I have to ensure that we are guided in India by sound legal counsel due to myriad laws and regulations in the financial services sector. LexCounsel has been providing invaluable guidance to us on various regulatory and operational issues from time to time for the last 8 years. We continue to trust Alfred and team’s extensive experience. LexCounsel remains the go-to law firm for us in India.


CLIENT: Off-Highway Research Limited
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Doing business successfully anywhere depends very largely on securing the best professional advice available, and especially in India where things might not be as straightforward as they may initially appear. I was particularly fortunate in the appointment of LexCounsel when opening my business in India almost a decade ago, and in its recent sale.

LexCounsel partners proved to be very understanding of what was needed to be done at every stage of negotiations, and were very proactive in offering clear advice that was able to cut through the acres of red tape. Friendly, positive and ultimately successful: the perfect solution to a client’s request for support.


CLIENT: Thea Kitchen
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Thank you, Seema for going the extra mile and passionately batting for our rights till late last night. Must share that we finally signed the SHA and SSA at around 2 am in Gurgaon. This definitely would not have happened without the combined efforts that you all have been putting in till the last minute. We really appreciate it.

We do hope to have a longstanding association in the years to come.


CLIENT: Tratec Engineers
COMPANY/FIRM: LexCounsel 
TESTIMONIAL: Seema, this is in reference to the legal services provided to us for the recently negotiated slump sale agreement with a German Company.

At the outset of the negotiations, we knew we were on a weaker wicket with the Germans, but you managed to pull back many a commercial points which we never imagined we could score.

We highly commend you for your top-notch efforts, not only to protect our legal rights, but also to bring home many brownie commercial points.

Your team’s legal acumen is highly commendable and we shall definitely recommend LexCounsel to our contacts.