Firm Profile > Titus & Co > New Delhi, India

Titus & Co
TITUS HOUSE
R-77A, GREATER KAILASH PART-I
NEW DELHI 110 048
India

Corporate and M&A Tier 5

Titus & Co acts for a range of international clients, including household global corporations, on mandates involving M&A, corporate restructuring and takeover. Diljeet Titus is the key point of contact.

THE FIRM                                                                           

Titus & Co. is one of India’s leading full-service independent law firms, with substantial representations in transactional, tax, intellectual property, civil & criminal litigation and arbitration matters. Titus & Co. represents a wide range of clients from the US, Europe, Australia and Asia, including 60 Fortune 500 Global Corporations. In July 2010, the Firm established an office in Milan, Italy in association with a prominent Italian law firm with an India-focused practice.

Praises earned by the Firm include: The National Law Day Award for ‘unique achievements and leadership in the practice of corporate and commercial laws’ by the President of India awarded Commendatore dell’Ordine della Stella della Solidarieta Italiana (Order of the Star of Italian Solidarity) by the President of Italy; Star Export House status by the Ministry of Commerce and Industry, Government of India; ‘Asialaw  Leading Lawyers in M&A’; ‘PLC Which Lawyer  in M&A’ ‘Most Trusted Law Firm – Asia’ (ACQ Global Awards); ‘best examples of this fine breed’ of transaction-focused law firms and ‘impressive general corporate and commercial experience’ (The Asia Pacific Legal 500); ‘prominent player in the M&A, banking, project finance and restructuring markets’ (Chambers and Partners); ‘Indian firm to watch’ (Asia Law & Practice); ‘ranked among the world’s leading financial law firms’ (International Financial Law Review 1000); ‘leaders in projects works in India’ (Chambers Global – The World’s Leading Lawyers); ranked ‘Leading Lawyers of the World’ for project works (Chambers and Partners U.K.); and ‘highly recommended law firm’ (The Global Counsel 3000). The Firm is rated ‘Excellent’ in Banking Finance and Capital Markets, Corporate/M&A and Projects and Energy; ‘business sensitive and commercial’ in Intellectual Property; ‘attentive and responsive’ in Real Estate and ‘business sensitive and pragmatic’ in Tax by the Asia Pacific Legal 500. Clients comment on the Firm’s ‘incredible work’, excellent administration, response times and co-operation and believe the Firm handles complex cases very well and in a ‘western style’. A client describes the Firm as ‘the best law Firm that they have ever engaged globally’ (The Asia Pacific Legal 500). Titus & Co. was ranked by Business Today as ‘one of the top eight law firms of India’.

AREAS OF PRACTICE

  • Dispute Resolution (Civil, Commercial & Criminal Litigation, Arbitration & Mediation): The highly successful practice group represents clients in litigation from trial right through all levels of appeal and has obtained precedent-setting court orders in several landmark cases of contract enforcement, competition, insolvency, intellectual property infringement and other civil, criminal and commercial litigation. Titus & Co. has substantial experience in prosecuting as well as defending arbitration claims under various Indian and International Arbitration Rules. Titus & Co. is fully conversant with and experienced in the conduct of arbitration cases involving complex issues under Indian and International commercial laws and has an in-depth understanding of and extensive experience in Arbitration and Mediation/ADR, a valuable alternative to litigation, and hold a successful track record of handling high value and sensitive cases.

The team headed by Diljeet Titus represents the Republic of Italy and its Military Officials concerning criminal prosecution initiated against the Italian Military Officials for alleged firing on the High Seas and in this regard represented in the landmark matter in the Kerala High Court and the Supreme Court of India in the dispute involving important issues of Public International Law, Law of the Seas and issues of Sovereign and Functional Immunity. Titus & Co. represents WallMax in multiple proceedings relating to Design, Trademarks, Copyright, Passing Off, breach of confidential information, criminal law issues, mediation etc. The Firm also represents Orangefish Entertainment (India) in a dispute involving several complex issues pertaining to interpretation of contractual provisions, issues relating to joint ownership of intellectual property rights, court’s jurisdiction, arbitrator’s and arbitral institution’s jurisdiction, enforcement and interpretation of court orders, interpretation and effects of statutory arbitration laws and institutional rules, contractual breaches, damages and multiple settlements. The Firm’s representations include those of Red Bull in multiple legal proceedings before the Supreme Court of India,various Indian High Courts and District Courts; Knorr Bremse (Germany), Sapient (USA), L&T (India),Danieli Group (Italy), Logix Group (India), Marathon Oil Company (USA), Cadila Pharmaceuticals Limited (India), Power Machines (Russia),Berger Paints (India),Yokogava Electric Corporation (Japan) and Raytheon Ebasco Overseas (US)  in arbitration related proceedings. The Firm also represents Riley Power, Gruppo Tessile Abbigliamento (Italy), Came (Italy), Siron (Italy); ABRO Industries (US) in several IP enforcement actions; Monnalisa (Italy) in injunction proceedings against trademark infringement; Danieli India in Special Leave Petition before the Supreme Court of India concerning a multi-million dollar transactional dispute; Raytheon Company (US) in  Writ Petitions concerning  the award of tenders by PSUs; JAS-ANZ in recovery/liquidation proceedings against debtors; OJSC Power Machines in  multimillion dollar claims for liquidated damages; Morgardshammar (Sweden) in injunction proceedings against its former licensee for trademark infringement and Logix Group in connection with disputes and arbitration proceedings pertaining to investments. The Firm also represents New Lupex Di Lupone Pasquale (Italy), St. Stephen’s College, ARB (USA), Petronas, GV Macero (Italy), Quebec Gears (Canada), Pizzolato (Italy), Jetway Information (Taiwan),  Sapient Corporation, Forbo Seigling, Dresser Inc, United Parcel Services, DEN Soccer, Hungama Digital Media Entertainment (India), Sanrok Enterprises, Herbalife International, Stoll Financial Services, Itochu Corporation, Trend Group,  Real Networks Asia Pacific, Faser (Italy), Inox Market Service (Italy), DOOR International (Netherlands), Nuance Communications (Ireland) and StashFin(India) . The Dispute Resolution team is described as ‘Business savvy and responsive’, ‘True stars in their field’ … ‘ooze confidence, which makes the client feel much better and safer in a harsh legal environment’ by the Asia Pacific Legal 500.

Diljeet Titus, Rai S. Mittal, Baljit Singh Kalha and Ujjwal Sharma are well known leading professionals in Titus & Co.’s Dispute Resolution Team.

  • Insolvency and Restructuring: Titus & Co. provides representation and advisory on complex issues emanating from the evolving Insolvency and Bankruptcy Code, 2016 (IBC). Titus & Co. has obtained precedent-setting orders from the National Company Law Tribunals (NCLT), National Company Law Appellate Tribunal (NCLAT) and the High Courts in various commercial disputes. The Team responsible has an in-depth understanding of the IBC as well as the rules and regulations issued thereunder and is extensively engaged in advising leading companies, both domestic and international, on these issues.

Titus & Co.’s range of representation includes: (i) advising financial or operational creditors on initiating insolvency proceedings for recovery of debts; (iii) advising and defending corporate debtors in insolvency proceedings initiated by creditors; (iii) advising domestic and foreign companies investing in distressed companies undergoing insolvency proceedings including evaluation of resolution plans and other aspects related to the proceedings; and (iv) advising entities that have executed contracts with a company undergoing insolvency on the available remedial actions to safeguard their investments, the step-wise procedure to effectively deal with any eventuality, how best to claim damages at the right stage of the proceedings, etc., amongst others. Titus & Co. has assisted Nuance India in successful closure of insolvency proceedings initiated against a company acquired by Nuance India; representation and advisory to Area Projects Consultants concerning its bid to acquire a company undergoing insolvency proceedings under the IBC; assisting Stera Engineering India in its Insolvency Application with the NCLT, Chennai for its liquidation under IBC; representing and assisting Carazoo (Source Interlink) in corporate compliances, share transfer, equity issue, liquidation plans and exit strategies under the Companies Act, 2013, etc.

Diljeet Titus, Baljit Singh Kalha and Akshat Bhatnagar are leading professionals in Titus & Co.’s Insolvency & Restructuring Practice Group.

  • Public International Law: Titus & Co. is extensively involved in advising foreign governments and international organizations on complex and nuanced application of public international law on matters involving land and maritime boundaries, jurisdiction and sovereignty disputes, State and diplomatic immunity, law of the sea, State responsibility, property rights and expropriation, air and water rights, human rights and international humanitarian law and proceedings before international courts and tribunals and the Firm’s significant experience in the field has helped evolve public international law jurisprudence in India.

One such representation has been to the Republic of Italy and its Military Officials in a dispute between Italy and India concerning the “Enrica Lexie” Incident. Titus & Co. has successfully represented and assisted the Republic of Italy and its Military Officials concerning criminal prosecution initiated regarding alleged firing on the High Seas and has provided representation in the landmark matter before the Kerala High Court and the Supreme Court of India in the dispute involving important issues of freedom of navigation, prompt release of vessels and crews, criminal jurisdiction on board a foreign ship, bases on which Italy is entitled to exercise jurisdiction and other issues related to Law of the Seas. The Firm continues to represent and assist in the matter including in international arbitration proceedings before the International Tribunal for the Law of the Sea (ITLOS) and the Arbitral Tribunal established under Annex VII of United Nations Convention on Law of the Sea (UNCLOS) under the auspices of the Permanent Court of Arbitration at the Hague and has represented in the Supreme Court of India to implement and enforce in India two international arbitration orders passed by the International Tribunal in favour of the Republic of Italy staying all domestic proceedings in the matter and allowing the Italian Military officials to leave India and remain in Italy during the International Arbitration.

Diljeet Titus, Baljit Singh Kalha, Ujjwal Sharma and Akshat Bhatnagar are leading professionals in Titus & Co.’s Public International Law Group.

  • Real Estate: representation in connection with sale, mortgage, lease, license and development agreements, perfection of title, declaration of title and rights, adverse possession, specific relief, acquisition of undivided interest in land, demarcation of boundaries, government grants, settlement and adjudication of disputes, land use, planning and development, negotiations of long term leases with commercial property owners, developers, mall owners and High Street property owners, administrative licenses and authorizations, sub leases, under leases, mall management contracts, advise on best types of property (government or private) and strategies for acquisition. The Firm conducts counterparty diligence, advises on and negotiates investments with State Governments in various Indian cities including Delhi, Noida, Gurgaon, Jaipur, Chandigarh, Shimla, Manali, Amritsar, Ludhiana, Dehradun, Lucknow, Allahabad, Indore, Bhopal, Raipur, Guwahati, Kolkata, Bangalore, Mangalore, Mumbai, Pune, Goa, Hyderabad, Chennai and Kochi. Titus & Co.’s representations include H&M, IKEA, Decathlon, Daniel Wellington, Tecumseh Products Company, Knorr-Bremse AG, Delphi Automotive Systems, Danieli India, Danieli& C. Officine Meccaniche, SIAC and BPTP.

Baljit Singh Kalha, Senior Partner, heads the Firm’s Real Estate Practice Group, which acts for major international clients setting up operations in India. A specialist in commercial real estate transactions, Baljit has been awarded the Real Estate Lawyer of the Year (India) for 2016 by the Lawyer Monthly (Legal Awards 2016). Nupur Singh is well known and a highly respected professional in Titus & Co.’s Real Estate Practice Group.

  • Corporate and Commercial: work includes representation and advice regarding foreign investment; regulatory approvals; exchange control; joint ventures; technical collaborations; licensing and franchising; investment structuring; private equity and venture capital investments; import-export; securitisations; due diligence; feasibility studies; corporate legal audits; liability analysis and retail and direct marketing. The Firm represents Fratelli Zucchini (Italy), Brevini Fluid Power (Italy), Seco (Italy), Zaitex (Italy), Breviglieri (Italy), Barausse (Italy), G&W Electric Company, Trafimet (Italy), Rivit (Italy), Edw C Levy Co (US), John Deere (US), Tecumseh (US), OPIC (US), Amsphere (UK), Costa Coffee (UK), CMD (US), Bulgari (Italy), Angiotech Pharmaceuticals (Canada), Banca Popolare di Vicenza (Italy), Paul Wurth Italia (Italy), SACE (Italy), Pilkington (UK), Taplast (Italy), Rautaruukki Oyj (Finland), PMS Engineering (Italy), BonSante De Latino America Corporation (Panama), Sterling Jewelers (US), WallMax (Italy), SICMA (Italy), Free Balance (US),  Fi Mo Tec (Italy), Danieli (Italy), Techno Service (Italy), Epsco (Italy), Disano Illuminazione (Italy),  Pietro Fiorentini, Luigi Carnevali (Italy), Power Electronics Espana (Spain),  Ravano Green Power (Italy), Open Link Financial (UK), Vitesse Semiconductor Corporation (US), Amer (Italy), Aviva Holdings (Italy), Minitube (Germany), Schmitz Cargobull Gotha (Germany); Fincantieri-Cantieri NavaliItaliani (Italy), Pyramis Metallourgia A.E. (Greece) and SIAC (Italy) in connection with their operations in India; Advanta Bank Corp (US) in its winding up operations; Cargoitalia in its  closure of business operations in India; Piquadro (Italy) in its JV with DLF; Hard Rock Café, TGI Friday’s, Wendy’s Global Restaurants, California Pizza Kitchen (US) and Arthur Murray International (US) on franchise operations in India and Red Bull (Austria) in import and distribution operations; IKEA Group (Sweden) in connection with its Euros 1.5 Billion investment in retail trading in India and in structuring its subsidiary operations in India; Furla Group Italy, Innisfree Cosmetics (Korea), Monnalisa (Italy) and Daniel Wellington (Sweden) in setting up its retail operations in India; Nicola Pantaleo in its proposed investment in retail trading entity in India; Celio International (France) with its expansion of retail trading operations in India; Gruppo Coin  in connection with restructuring of its retail operations in India and negotiations with its JV Partner; H&M (Sweden) in setting up a single brand retail subsidiary and local business operations across India; Edw. C. Levy Co., USA and Landi Renzo in connection with operating their JV Company in India; LU-VE,  Exponent Leadership Coaching Services, JBC Soldering and Antolini Luigi & C. in setting up their wholly-owned subsidiaries in India; CMD in establishing its Project Office in India; Artsana India (‘Chicco’) in connection with its wholesale and franchise operations; United Parcel Services (US) and Jabil (US) in connection with FCPA investigation. The Firm also represents Ferrero Group (Italy), Rudolf WILD (Germany), Red Bull (Austria) and GNT Group (Netherlands) on compliance with Indian food legislation, risk analysis and product labelling. The Firm represented EchoStar Satellite in its international affiliation agreement with B4U, Medipass in connection with its JV with Clearview Healthcare and Raytheon Company (US) concerning negotiations with the largest Indian defence PSUs. The Firm represents Building Energy in connection with its JV for setting up a solar power plant in India and TCOM on its investments in the Air Defence sector in India and negotiations with the Indian Defence PSUs. The Firm also advises Nuance Communications (Ireland) on its employment policy and liability analysis, CAD Software India on oppression and mismanagement and other employment matters and Ceres (US) on licensing of transgenic technology issues. Titus & Co. assisted Panaria Group in share acquisition transaction and related aspects; advising Ebara Corporation (Japan) in a dispute with an Indian entity under a Joint Venture arrangement including issues such as right of first refusal, shareholding pattern, exit terms; Dr. Kroll & Partners in connection with share acquisition transaction; Vitagene in connection with the Company’s liability and any potential violation of Indian privacy laws if the Company sends saliva samples for DNA testing to the US; assisted Frontenac in conducting corporate and legal due diligence; Fonderia S.p.A in an acquisition transaction and related aspects.

Diljeet Titus, Baljit Singh Kalha and Monica Bansal are leading professionals in Titus & Co.’s Corporate and Commercial Practice Group.

  • Mergers and Acquisitions: work includes cross-border transactions and M&A. Titus & Co. represents Open Link Financial (UK) in connection with the acquisition of Cubelogic (India); The Enthusiast Network in connection with the acquisition of Carazoo India. Titus & Co. represented Cadila Pharmaceuticals on investment options of US$ 11m; Sumitomo Heavy Industries (Japan) on its US$ 118m transaction with Madison Capital Partners; Mitsubishi UFJ Securities on triangular mergers in India; Sanyo Semiconductor (US) on the sale of its Indian subsidiary; Dresdner Kleinwort (Germany) on an acquisition; Avocent Corporation on its proposed US$ 70m acquisition of an Indian Company; Edw. C Levy Co (US) in connection with its JV with Tata Steel, Tecumseh Products Company (US) in the restructuring of its business operations and Raytheon Company (US) in connection with several investments into India.

Titus & Co. also represents Delphi Automotive Systems with regard to acquisition of a large Indian Automotive Company. Diljeet Titus and Baljit Singh Kalha are recognized as amongst the world’s leading lawyers for M&A by PLC Which Lawyer and Asialaw Leading Lawyers.

  • TMT: work includes government regulations and policies on investment options with companies providing basic, cellular, value-added services, global mobile personal communications by satellite; establishment of ISPs with/without gateways; foreign investment ceiling and structuring; licensing issues; provision of WIFI, ILD and NLD services and licensing; interconnectivity and IPLCs. Titus & Co. assisted Sony Entertainment Television on its media distribution joint venture; MTV in connection with the production of a reality show; EchoStar Technologies (US) in procuring Indian movies for display in North America; Rai Radiotelevisione Italiana in connection with its news gathering and bureau services agreement;  Raytheon Company (US), Dreamworks (US), Red Bull (Austria) before the Advertising Standard Council of India concerning TV commercials and Limelight Networks (US) in its strategic partnership with Bharti Airtel for Content Delivery Services in India. Titus & Co.  also represents You Mint (India), Maxpeak (UK) and Real Networks India.
  • Energy and Infrastructure: representation in connection with regulatory, transactional and legislative advice to international clients including those involved in energy related transactions world-wide. Titus & Co. advises on reforms in the energy sector, commercial and contractual issues in the oil and gas sector, investment options, structures and vehicles, advise on financing, legal audit of project documents including power purchase agreements, EPC contracts, O&M contracts, trust and retention agreements, concession agreements, joint development agreements, production sharing contracts, shareholders agreements, fuel supply agreements, agreements for sale of crude oil, gas supply and value added products, advise on right of way issues, advise on negotiated and tendered project developments, alternative payment structures, environmental compliances, land acquisition and related issues, guarantees, alternatives and enforcement issues, liaison with Government departments and day to day advise on ongoing development of infrastructure projects in India and in this regard, drafting and obtaining investment approvals, approvals from the Reserve Bank of India to establish project offices, company formation, advise on negotiated and tendered oil & gas projects, project development and privatisation.

Titus & Co.’s extensive knowledge of the industry, coupled with vast experience in structuring, negotiating, drafting and reviewing agreements for gas sales contracts, gas offtake agreements, oil supply agreements, oil & gas leases, production sharing contracts, joint operating agreements, letters of intents, agreements for upstream project development, contracts of affreightment, daywork offshore drilling agreements, agreement for transportation of natural gas and associated condensate, farm-in agreements, etc., all make the Firm uniquely qualified in this area.

Titus & Co. continues to represent Electric Power Development Company, Japan (J-Power) in setting up of its new power projects in India and has previously assisted J-Power on a substantial number of transactions including on a joint development agreement with JSW Energy to jointly develop, build, own and maintain a power plant, using coal as aprimary fuel to generate electricity, advised on approvals/Licenses for setting up a Hydro Electric Power Project in Maharashtra as also on environmental concerns related to conduct of feasibility studies for the establishment of Hydro electric power plants in India; rendered assistance to Himalaya Steel Mill Services Private Limited (Edw. C. Levy Co.) in its project financing in Indiaincluding in preparing the Commercial Terms for bidding and in negotiations with regard to a steel project for Tata Steel at Kalinganagar; Arsari Group (Indonesia) in connection with investment in a venture for prospecting and reconnaissance for minerals in India; Zad Investment (Saudi Arabia) and Building Energy (UK) on power projects in India and related due diligence investigations; represented Solar Ventures (Italy) in its joint venture with Indo Powertech Limited for production of photovoltaic energy including negotiations of JV Agreements, Shareholders Agreement, Supply Agreements, etc.; Tecnimont S.p.A. (Italy) in negotiations and structuring of an Engineering, Procurement and Construction contract which include Overall Agreement, Onshore Supply Agreement, Offshore Supply Agreement, etc., advised US Exim Bank on its multimillion-dollar lending and represented JBIC on investments in the power sector in India. Titus & Co. also represents Caterpillar (US), Danieli (Italy) and Setisco (Spain).

  • Information Technology: work includes setting up of IT-enabled/BPO business; hardware manufacturing; tax structuring; regulatory approvals, licensing and compliance; infrastructure and network providers; content providers; confidentiality issues; data protection; software development and licensing agreements; cybercrimes and punishment. Titus & Co. represents Red Bull with Cyber Crime Investigation Cell in connection with offences of SMS spoofing, cyber defamation and IP cybercrime; Tata Consultancy Services (India) on its £3bn guarantee; Charles Schwab & Co. concerning software development; Sapient Corporation in obtaining OSP License and Herbalife International, AIG (US), and Daniel Wellington for advise on data privacy laws. Titus & Co. also advised DZ Cards India, Sunlife (UK), L&T (India), United Parcel Service (US), Lexis Nexis (US) and Seagate Technology (US).
  • Intellectual Property: work includes registration, assignment/licensing and protection of trademarks; conducting investigations and market surveys in identifying any infringing activities to protect client trademarks, advising and handling anti-counterfeiting campaigns including injunction, searches and police raids relating to trademark; prosecuting contempt proceedings against habitual trademark infringers; providing patentability analysis and prior art searches; advising on drafting of patent specifications and claims; filing and prosecuting applications for registration of patents; representing clients in oppositions, revocation and cancellation proceedings before the IP office as well as before intellectual appellate board (IPAB), advising on assignments, licenses and technology transfer agreements; advice on registrability of copyrightable subject matters such as artistic, literary, musical, dramatical works; preparing filing -registration applications in India; advice on registrability of designs and conduct design availability and registrability searches and prosecution and defending infringement matters pertaining to trade marks, design, patent, piracy, data protection and copyright registration and misuse of confidential information. The Firm’s representations include WallMax (Italy), European Business and Technology Center, Angiotech Pharmaceuticals (US), Akonni Biosystems (US), Hard Rock Café, Baxter IP, Itochu Corporation (Japan), Raci, Raytheon Company (US), Allied Biotech (US), Pfizer, Bioscrypt (Canada), Herbalife International (US), TSG (India), ABRO Industries (US), Morgardshammar (Sweden), JAS-ANZ; Andrews Kurth; Waterfurnace International; Taplast (Italy), ETIIP Holdings (US), Smiley (UK),  BonSante De LatinoAmerica Corporation (Panama), Tristem Corporation (UK),  Pidilite International Pte (USA),  Weddingline Consulting (India),V ivacelle Bio Inc (USA), BonSante De LatinoAmerica Corporation (Panama), Red Bull (Austria), Monnalisa (Italy) Knorr-Bremse AG (Germany),  Orangefish Entertainment Private Limited (India), Red Lion Cement Technology,  Porscia Yeganeh (Italy), Dicofarm (Italy) and SELCO Solar Light (India) on IP registrations, IP transfers and enforcement actions.

Diljeet Titus, Rai S. Mittal and Ankur Manchanda are leading professionals in Titus & Co.’s Intellectual Property Practise Group.

  • Anti – Corruption: work includes conducting internal company investigations of possible FCPA/anti-corruption law violations, compliance audits, counselling on proposed business transactions, developing and implementing corporate anti-corruption compliance policies and procedures, reviewing regular enhancements to compliance programs, drafting and reviewing documents including purchase orders, contractors’ agreements, distributorship agreements, etc. to avoid FCPA and other anti-corruption law implications, conducting due diligence into and advice on strategies to deal with consultants, newly acquired companies, joint venture partners and representatives to address FCPA compliance and other anti-corruption issues, identifying and addressing corruption risks and remedial measures to improve compliance, conducting trainings programs on FCPA compliance and other anti-corruption regulations, handling litigation/enforcement actions, action against company employees and third-party contractors, providing formal opinions on FCPA and other anti-corruption issue. The Firm’s representations include Raytheon (USA), United Parcel Service (USA), Tecumseh (USA), Jabil (USA), Gold’s Gym (USA), Dresser Inc. (USA), Joint Accreditation System of Australia and New Zealand (Australia), Arstana Group (Italy), Gruppo Coin (Italy),IKEA Group (Sweden), Volkswagen (Germany) and former Chief Minister of a State in Western India.
  • Tax: work includes formulation of tax strategies; providing tax analysis and solution in all kinds of tax issues involved in a commercial transaction. Titus & Co. represents Raytheon Company (US) in proceedings for refund of US$14 m before the Supreme Court of India; ARB (US) on US$2m tax assessment proceedings. The Firm also represents DOOR International B.V. (Netherlands), Ferrari Ventilatori Industriali (Italy), JAS-ANZ, CMD, Hirotech America, Modec International, Global Ventures (US), Lehman Brothers (US), DZ Cards India, Techno Service (Italy), JBC Soldering, Maspero Elevatori and Trend Group on various tax advisory and litigation matters.

Diljeet Titus, Managing Partner and Rai S. Mittal, Baljit Singh Kalha and Ujjwal Sharma, Senior Partners are well-known at Titus & Co. Diljeet Titus chairs the Indo Italian Chamber of Commerce and Industry (Northern Region), is Vice President of the Society of Indian Law Firms, General Secretary of the Policy and Planning Group and Member of the Supreme Council and Governing Body of St. Stephen’s College, Delhi.

Department Name Email Telephone
Mergers, acquisitions, takeovers, corporate restructuring, project finance Diljeet Titus
Mergers, acquisitions, takeovers, corporate restructuring, project finance Baljit Singh Kalha
Mergers, acquisitions, takeovers, corporate restructuring, project finance Ujjwal Sharma
Mergers, acquisitions, takeovers, corporate restructuring, project finance Nupur Singh
Mergers, acquisitions, takeovers, corporate restructuring, project finance Sonali Pruthi
Mergers, acquisitions, takeovers, corporate restructuring, project finance Siddharth Iyer
Corporate governance, compliance and legal audits Diljeet Titus
Corporate governance, compliance and legal audits Baljit Singh Kalha
Corporate governance, compliance and legal audits Nupur Singh
Corporate governance, compliance and legal audits Sonali Pruthi
Corporate governance, compliance and legal audits Siddharth Iyer
Telecommunications, IT and outsourcing Baljit Singh Kalha
Telecommunications, IT and outsourcing Ankur Manchanda
Telecommunications, IT and outsourcing Siddharth Iyer
Aviation Ujjwal Sharma
Aviation Akshat Bhatnagar
Banking and finance Baljit Singh Kalha
Banking and finance Nupur Singh
Banking and finance Sonali Pruthi
Insurance R S Mittal
Insurance Nupur Singh
Insurance Sonali Pruthi
Tax (direct and indirect) Baljit Singh Kalha
Tax (direct and indirect) Pawan Agarwal
Tax (direct and indirect) Sonali Pruthi
Regulatory and government affairs Diljeet Titus
Regulatory and government affairs Ujjwal Sharma
Regulatory and government affairs Ankur Manchanda
Regulatory and government affairs Akshat Bhatnagar
Regulatory and government affairs Siddharth Iyer
Real estate and construction Baljit Singh Kalha
Real estate and construction Ujjwal Sharma
Real estate and construction Manjeet Titus
Real estate and construction Nupur Singh
Real estate and construction Siddharth Iyer
Admiralty, maritime and shipping Diljeet Titus
Admiralty, maritime and shipping Baljit Singh Kalha
Admiralty, maritime and shipping Ujjwal Sharma
Admiralty, maritime and shipping Akshat Bhatnagar
Admiralty, maritime and shipping Siddharth Iyer
IT, franchising and licensing Baljit Singh Kalha
IT, franchising and licensing Ujjwal Sharma
IT, franchising and licensing Nupur Singh
IT, franchising and licensing Siddharth Iyer
Risk analysis Baljit Singh Kalha
Risk analysis Siddharth Iyer
Risk analysis Nupur Singh
Antitrust and competition Baljit Singh Kalha
Antitrust and competition Akanksha Tiwari
Commercial litigation Diljeet Titus
Commercial litigation Baljit Singh Kalha
Commercial litigation R S Mittal
Commercial litigation Ankur Manchanda
Commercial litigation Akshat Bhatnagar
Commercial litigation Siddharth Iyer
Commercial litigation Akanksha Tiwari
Public international law Diljeet Titus
Public international law Baljit Singh Kalha
Public international law Ujjwal Sharma
Public international law Akshat Bhatnagar
Arbitration, dispute avoidance and resolution (domestic/international) Baljit Singh Kalha
Arbitration, dispute avoidance and resolution (domestic/international) R S Mittal
Arbitration, dispute avoidance and resolution (domestic/international) Ujjwal Sharma
Arbitration, dispute avoidance and resolution (domestic/international) Ankur Manchanda
Arbitration, dispute avoidance and resolution (domestic/international) Akshat Bhatnagar
Arbitration, dispute avoidance and resolution (domestic/international) Siddharth Iyer
Criminal litigation Diljeet Titus
Criminal litigation Baljit Singh Kalha
Criminal litigation R S Mittal
Criminal litigation Ujjwal Sharma
Criminal litigation Ankur Manchanda
Criminal litigation Akshat Bhatnagar
Food and drugs law R S Mittal
Food and drugs law Ujjwal Sharma
Food and drugs law Ankur Manchanda
Employment and labour Ujjwal Sharma
Employment and labour Ankur Manchanda
Employment and labour Akshat Bhatnagar
Employment and labour Siddharth Iyer
Capital markets and securities Baljit Singh Kalha
Capital markets and securities Pawan Agarwal
Capital markets and securities Nupur Singh
Capital markets and securities Sonali Pruthi
Energy and infrastructure Diljeet Titus
Energy and infrastructure Baljit Singh Kalha
Energy and infrastructure Akshat Bhatnagar
Venture capital and private equity Diljeet Titus
Venture capital and private equity Baljit Singh Kalha
Venture capital and private equity Nupur Singh
Venture capital and private equity Sonali Pruthi
International trade and anti-dumping Diljeet Titus
International trade and anti-dumping Baljit Singh Kalha
International trade and anti-dumping Siddharth Iyer
Media and entertainment Diljeet Titus
Media and entertainment Baljit Singh Kalha
Media and entertainment R S Mittal
Media and entertainment Ankur Manchanda
Media and entertainment Akanksha Tiwari
Intellectual property, comparative advertising and anti-counterfeiting P N Sewak
Intellectual property, comparative advertising and anti-counterfeiting R S Mittal
Intellectual property, comparative advertising and anti-counterfeiting Akanksha Tiwari
Data protection K Sultan Singh
Data protection Diljeet Titus
Data protection R S Mittal
Data protection Akanksha Tiwari
Biotechnology and life sciences P N Sewak
Biotechnology and life sciences Ujjwal Sharma
Environment and resources Diljeet Titus
Environment and resources Baljit Singh Kalha
Environment and resources Akshat Bhatnagar
Sports law Diljeet Titus
Sports law Baljit Singh Kalha
Sports law Ujjwal Sharma
Sports law Akshat Bhatnagar
Number of lawyers : 75
at this office : 45
English
French
Gujarati
Hindi
Italian
Malayalam
Punjabi
Spanish
other Indian languages
International Bar Association
Inter-Pacific Bar Association
Licensing Executives Society
Indo Italian Chamber of Commerce and Industry
India Israel Business Alliance
Indo-American Chamber of Commerce
Indo-German Chamber of Commerce
Canada-India Business Council
ICC India (International Chambers of Commerce)
Association of Trial Lawyers of America
US India Business Council
The Association of European Lawyers (AEA International)
Swiss Business Forum
Contacts : Diljeet Titus (dtitus@titusindia.com)
Contacts : Baljit Singh Kalha (bskalha@titusindia.com)
Contacts : R S Mittal (rsmittal@titusindia.com)
Contacts : Ujjwal Sharma (usharma@titusindia.com)

TITUS & CO.’S PRO BONO REPRESENTATIONS

Titus & Co. regularly takes up pro bono matters and recent representations include:

  • AFLIN – Advice and assistance in incorporation of AFLIN India (Association Filament of Light), a Section 8 Company committed to providing a better life and future to underprivileged children in India including advice on matters relating to conduct of business and other statutory compliances, acquiring land permissions from concerned authorities per the local laws of Rajasthan, amongst others.

  

  • Tejas AsiaAdvice and representation to the NGO Tejas Asia in obtaining permissions and approvals from the concerned Government authorities and in successfully facilitating the organization of a Walk in Delhi in October 2019 to raise awareness about the need to stop human trafficking.  

  

  • Royal Maverick Foundation – Representation and assistance to the Foundation including in its formation as a Society, advice on matters including finalization of undertakings to be executed by riders participating in rides organized by the Foundation and matters relating to liability issues.

  

  • Heritage Motoring Club of India (HMCI) – Titus & Co. has successfully assisted and represented HMCI before the Hon’ble National Green Tribunal to obtain an exemption for antique vehicles from NGT’s directions of banning diesel and petrol vehicles over 15 years old to ply on the roads of Delhi NCR. Titus & Co. also continues to work closely with the Ministry of Road Transport and Highways, Government of India to achieve special registration of antique vehicles based on their preservation and use.

 

  • Delhi Diocesan Trust Association – Represented and assisted the Delhi Diocesan Trust Association in injunction proceedings to restrain certain individuals from acting for or in the name of the Delhi Diocesan Trust Association and from fraudulently representing to the public at large that they are the Directors/Members of the Management Committee of the Association. Titus & Co. successfully obtained an injunction order from the Delhi High Court restraining such individuals from dealing with the assets of the Association or from operating any of the bank accounts of the Association or from opening any new bank account in the name of the Association and further restraining them from entering into any kind of arrangement in respect of the assets/properties of the Association.

 

In addition, Titus & Co. also assisted the Delhi Diocesan Trust Association in filing a criminal complaint with the Economic Offences Wing, Crime Branch, Delhi Police to restrain such individuals from acting for or in the name of the Association and from fraudulently representing to the public at large that they are the Directors/Members of the Management Committee of the Association, got the FIR registered and the entire matter investigated to unearth the conspiracy behind the illegal acts committed by such individuals, including tampering with the computer codes, computer networks and the MCA records by altering information available on the MCA portal and cheating the public by personating themselves to be the Directors of the Association, illegally operating the bank accounts of the Association and/or entering into deals and agreements on behalf of the Association.

 

  • Indo-Italian Chamber of Commerce and Industry (IICCI) – Represented and advised the Chamber in connection with various matters including on (i) change in its shareholding pattern and its governance structure; (ii) preparing and finalizing the “Report on Differences of IPR laws between Europe & India for European SMEs: How to tackle them”; (iii) preparing and finalizing the “Report on Leveraging Madrid Protocol in India: How European SMEs can benefit and protect their Trademarks”; (iv) constitution of its bilateral Arbitration and Mediation Centre, AD IDEM and in review and finalization of the arbitration rules, mediation rules and administrative rules of the Centre.

  

  • Leper Mission Society, Ambala – Assisted the Society in its dispute to recover the land belonging to the Society and the Heritage Bailey Memorial Church in Ambala, Punjab.

  

  • Policy and Planning Group – Advised and assisted in setting up and registration of the Group as a Society. The Group, run by socially sensitized citizens of Delhi, has over the years organized a number of interactive informal discussions with eminent Indian dignitaries.

CLIENT: Ms. Emma Kylberg, Legal Counsel IMEA
COMPANY/FIRM: Daniel Wellington
TESTIMONIAL: “I would like to thank you for always being very helpful when it comes to our commercial lease projects. This was a great year for our retail expansion and we could not have done it as good without your assistance.”


CLIENT: Mr. Joseph Wojcik, former Vice-President
COMPANY/FIRM: Herbalife Nutrition
TESTIMONIAL: “I wanted to write to you and your staff at Titus & Co. to express my sincere appreciation for your outstanding contribution to our opening of the India market. We were particularly impressed with the expertise and breadth of knowledge you and your staff possess and it was convenient for us to have one source of representation on areas as diverse as product labelling, FIPB, taxes, company law, contracts and manufacturing.”


CLIENT: Mr. Frank Morse, former General Counsel
COMPANY/FIRM: Herbalife International
TESTIMONIAL: “Thank you for your cooperation and allow me to add my deep appreciation for your major contribution to the successful opening in India”


CLIENT: Mr. Timothy H. Nesler, former President and Group Director
COMPANY/FIRM: Marathon Power Company
TESTIMONIAL: “Marathon has had the fortunate opportunity to work with you and your organization over the past four years. During this time your firm has advised/ worked on the acquisition or development planning of two major Indian power projects in excess of eight hundred megawatts. Your insights into both the legal and the commercial aspects have been invaluable to Marathon’s efforts. Your firm’s legal work has been reviewed internally by Marathon and externally by lenders. It has been found to meet international standards and has been complimented by several parties.”


CLIENT: Ms. Deborah E. Nesbitt, former Vice President and General Counsel
COMPANY/FIRM: Raytheon Canada Ltd
TESTIMONIAL: “you and your litigation team at Titus & Co have provided outstanding service to Raytheon Company in connection with its arbitration against the Airports Authority of India. I would commend your ability to address the concerns of a large multinational…your knowledge of Indian laws is outstanding and you have repeatedly demonstrated a commitment to responsiveness and timeliness that is notable in any jurisdiction. You have a solid appreciation of the business practicalities that must be respected in situations where it is critical that customer relationships are preserved… Your advice, while legally based, is always tempered with business pragmatism, which makes it extraordinarily valuable. I have always felt that our case is your first priority, despite knowing that you have other large matters underway as well. This, in my view, is truly indicative of an extraordinarily high level of commitment to your client.”


CLIENT: Sasan “Sonny” Sohrab, International Sales and Marketing Manager
COMPANY/FIRM: ABRO Industries, Inc. USA
TESTIMONIAL: “It has been a pleasure working with your firm. We sincerely appreciate your efforts and your professional approach in handling our legal matters in India.”


CLIENT: Michael T. Eckhart, former President
COMPANY/FIRM: Solar International Management, Inc., USA
TESTIMONIAL: “The study was conducted on time, on budget, and completely to our satisfaction, even, in my opinion, exceeding our expectations considering the budget that was available for this work. It is a very professional piece of work. I wish to thank you and your associates for this excellent work.”


I. Republic of Italy

  • Titus & Co. represented and assisted the Republic of Italy and its Military Officials in a dispute between Italy and India concerning the “Enrica Lexie” Incident which, in public international law circles, is considered the most complex and challenging case since the 1927 Lotus case between France & Turkey.
  • This dispute concerned which nation had jurisdiction over the MV Enrica Lexie, an Italian-flagged oil tanker, and over two Italian Marines stationed on board the Enrica Lexie, in respect of an incident that occurred on15 February 2012 on the high seas about 20.5 nautical miles off the Indian coast of Kerala.
  • The case resulted in a landmark Judgment passed by the Hon’ble Supreme Court of India reported as Republic of Italy & Ors. v. Union of India & Ors. (2013) 4 SCC 721.
  • Titus & Co., as part of a larger International Legal Team, provided further representation before the International Tribunal for the Law of the Sea (ITLOS) and an Arbitral Tribunal established under Annex VII of United Nations Convention on Law of the Sea (UNCLOS) under the auspices of the Permanent Court of Arbitration at The Hague.
  • The Final Award of May 2020 of the Annex VII Arbitral Tribunal inter-alia held that the two Italian Marines are entitled to military and functional immunity and that India is precluded from exercising any jurisdiction over them, thus finding merit in the arguments that had long been agitated before Indian courts.
  • Titus & Co. provided representation in the matter at all levels of Indian courts including the Supreme Court of India and was the sole Indian Counsel on the International team of lawyers representing the Republic of Italy at the aforesaid International Tribunals. The case provided unique insights and experience to members of Titus & Co. on varying aspects of public international law and workings of International Courts & Tribunals.

II. The Raytheon Company, USA

  • Titus & Co. provided representation to Raytheon Company in a US$ 150 million international commercial arbitration proceeding with the Airports Authority of India for claims arising out of contracts relating to modernization of Air Traffic Systems at the Delhi and Mumbai airports. The Firm was able to successfully obtain a substantial Award in favour of Raytheon.
  • Titus & Co. provided representation to Raytheon in a significant dispute in an action for a permanent and interim injunction against Jindal Tractebel Power Company Limited (JTPCL) to prevent encashment by JTPCL of performance bond executed by Raytheon in favour of JTPCL for performance of its duties under an Offshore Equipment Supply and Related Services Contract entered into between both the parties.
  • The Firm represented Raytheon before the High Court of Bombay and in appeals before the Supreme Court of India whereupon the Firm successfully challenged the orders passed by the High Court of Bombay and obtained favourable orders.
  • The Firm also successfully represented Raytheon before the ITAT, State High Courts and the Supreme Court of India in challenging orders passed by the Income Tax Authority in a significant off-shore transaction involving retrospective tax amendments.

III. Brown Forman, USA

  • Titus & Co. provided representation in connection with disputes between joint venture partners and the liquidation proceedings of its Indian Joint Venture Company in the High Court of Delhi and in this regard obtained significant orders and favourable directions from the High Court of Delhi.

IV. IKEA Group, Sweden

  • Titus & Co. provided representation to a number of large single brand multinational retailers on their foray into the Indian market, notable being the Euros 1.5 Billion investment proposal of the IKEA Group.
  • Titus & Co. representation of the IKEA Group involved extensive consultations and engagement with the Indian Government including the erstwhile Foreign Investment Promotion Board, Secretariat for Industrial Assistance and the Department of Industry Policy and Promotion for relaxations and modifications resulting in the new Single Brand Retail Trading Policy that would allow for a business friendly model for India while providing greater economic benefits to the country. The representation included drafting of the extensive proposal to the Foreign Investment Promotion Board and subsequently facilitating the approval for the investment.
  • The approval process faced a number of challenges but was instrumental in developing and streamlining a number of contentious issues related to the Policy including the manner of compliance with various conditions related to brand ownership, sourcing requirements, the structure of sourcing entities, inclusion of sub-brands, e-commerce, amongst others.
  • Titus & Co. also advised IKEA on various issues pertaining to real estate acquisition, development, building norms and bye-laws and related approval processes and procedures across various states of India including the States of Haryana, Uttar Pradesh, Rajasthan, Maharashtra and the Union Territory of Delhi in respect of its proposed retail trading venture in India for the expansion of IKEA’s retail business in India.

V. Itochu Corporation, Japan

  • Titus & Co. provided comprehensive representation to the Itochu Group in setting up over 16 ventures in diverse industries in India and in litigation management and exit strategies and execution.

VI. Hennes & Mauritz AB, Sweden

  • Titus & Co. assisted in setting up of the Single Brand Retail Trading Subsidiary in India, in obtaining requisite Government approvals and advised on various business issues such as business set-up, tax structures, local law compliances in retail industry, labour law and secretarial compliances, lease of large commercial spaces, etc.
  • The Real Estate practice group of Titus & Co. has directly assisted the entity in establishing more than 45 stores in 23 cities across India by conducting counterparty diligence and advising on risk mitigation measures, drafting, negotiating and concluding all types of transactional agreements including sales and long-term leases with some of India’s largest real estate majors in respect of prime locations PAN India.

VII. Decathlon S.A, France

  • Titus & Co. provides legal representation and assistance to the Indian subsidiary of the renowned French multinational sporting goods retailer company in conducting diligences in respect of retail spaces and advising on risk mitigation measures and in negotiations and contract formulation with real estate developers for purposes of renting, lease and development of Decathlon retail stores in India.

VIII. Red Bull GmbH, Austria

  • Titus & Co. provided representation to Red Bull, its distributors and vendors in a much publicized criminal proceedings initiated by the Indian Food and Drug Administration Department against major energy drink manufacturers. The case primarily rested on allegations of excess caffeine content in the Energy Drink; that the Indian subsidiary of Red Bull and its distributors and vendors were selling the product without holding any food license and that the label on the Energy Drink was non-compliant with law. Titus & Co. was able to prevent any detrimental enforcement action by the authorities and eventually obtained acquittal orders for the directors of the Indian subsidiary of Red Bull, its distributors and vendors.
  • Titus & Co. also represented the Indian subsidiary of Red Bull in multiple proceedings in the Bombay High Court, Madras High Court and District Courts of Maharashtra with regard to correct categorization of Energy Drink under Prevention of Food Adulteration Act, 1954 and Prevention of Food Adulteration Rules, 1955 and obtained precedent setting orders impacting Food Adulteration Act and Rules and the Criminal Procedure Code.

IX. Knorr-Bremse AG, Germany

  • Titus & Co. represented Knorr-Bremse in arbitration proceedings against its erstwhile partner for claims arising under a License Agreement involving complex issues relating to effects of government approval post policy relaxation and restraint of trade issues. Titus & Co. also represents the Client in ongoing litigation before the High Court of Delhi for challenging the award passed by the Arbitrators in the arbitration proceedings.

X. UPS Inc., USA

  • Titus & Co. provided representation on a number of acquisitions by the company in India in order to consolidate its position in the Indian market. This also included complex JV related issues and challenges which the Firm was able to negotiate while avoiding escalation and dispute scenarios. Titus & Co. also assisted in licensing and regulatory compliance requirements and obtaining approvals from various Government regulatory bodies.
  • Titus & Co. was the sole legal counsel for the Group for its Pan-India litigation matters, with the Firm being chosen to consolidate and handle hundreds of long pending cases with the mandate to negotiate and reduce the litigation numbers on merits.
  • Titus & Co. provided representation as part of a global initiative, under the US FCPA laws, on anti-corruption laws in India in public and private sectors including exercise of discretion by government servants and private employees at various levels, roles and liabilities of middle-men, influence peddlers and intermediaries facilitating bribery, abetment and liability of bribe givers and corporate liability for bribery and corruption offences and various remedies and consequences under Indian law. Titus & Co. also assisted in conducting interviews across India in an extensive inquiry in respect of operations of the Indian subsidiary.