Sudipta Ghosh – GC Powerlist
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India 2023

Energy and utilities

Sudipta Ghosh

General counsel | Apraava Energy

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India 2023

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Sudipta Ghosh

General counsel | Apraava Energy

Team size: 11 

  

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?  

Apraava, which begun as an independent conventional power producer, ventured into multiple business arenas within the energy and resources sector to renewable energy sources, transmission, and now advanced metering infrastructure (AMI) as well. In the last calendar year, Apraava has won two AMI bids, its maiden AMI projects. With a new business area being introduced, our legal team identified an opportunity for innovation within the field of AMI contracts. We decided to train our team members in the specialised area of AMI, which not only enhanced their technical expertise but also allowed us to develop templated AMI contracts. 

This approach had a two-fold benefit. First, our team members gained valuable technical knowledge about AMI, which made them better equipped to handle related legal matters. Second, the organisation benefited from having templated contracts readily available without the need to incur expenses on hiring external law firms for each contract review and drafting. This innovative initiative not only improved our team’s capabilities but also significantly streamlined our contract management process, all while keeping costs in check. 

  

What are the most significant cases or transactions that your legal team has recently been involved in? 

In the past 12 months, the company has undergone substantial changes and growth, with change in the shareholding, board composition, new acquisitions and venturing into newer avenues. Apraava’s legal team has grown together with the company. One of the significant contributions of the legal team was during the change in shareholding of the company. In the year 2022, Apraava fortified its partnership with Caisse de dépôt et placement du Québec (CDPQ) and strengthened its commitment towards growing its renewable energy business. A change that ultimately led to drastic corporate changes within Apraava, the legal team provided great assistance throughout this transaction, from drafting all the requisite documents making sure that the interests of all stakeholders, CLP, CDPQ and of Apraava are being safeguarded all the while ensuring that the transaction timelines are being adhered to. 

With this renewed commitment towards renewable energy and sustainable growth, Apraava has undergone major changes post transaction as well, at the business end. Over the course of its corporate existence of over two decades, Apraava, which begun as an independent conventional power producer, ventured into multiple business arenas within the energy and resources sector to renewable energy sources, transmission, and now advanced metering infrastructure (AMI) as well. In the last calendar year, Apraava has won two AMI bids, its maiden AMI projects. The team is providing assistance to the AMI team and other corporate functions all throughout the company to build this new venture. From reviewing the bid documents and processes at the bidding stage, ensuring compliance of the swift timelines with regards to regulatory compliances post winning the bid and issuance of the letter of award, to business development including review of all the documents and agreements between various AMI-related service providers, project financing, and due diligence, the legal team has played an unparalleled role of guidance, support and strength, ensuring that Apraava’s AMI business grows in an efficient and poised manner. 

Being an in-house corporate function, the prime focus of the legal team is to provide support and assistance to other functions of Apraava wherever necessary and beyond. The team works with the business development team, mergers and acquisitions, financing, company secretarial team, and asset management team on a daily basis to ensure efficient and accurate functioning. A perfect example of the team’s integration within the corporate is the development and commissioning of ~100MW out of the 250MW wind project. The project of 250.8 MW capacity and is Apraava’s biggest to-date greenfield wind power project located at Sidhpur, Gujarat. 

Being a heavily regulated sector with multiple statutory and governmental stakeholders, it is of prime importance that the legal and compliance team stays on top of the constant changes in the sector. Further, being entirely foreign owned, Apraava also is subject to multiple corporate regulations as well, all of which require swift and strict compliance. Accordingly, the legal team has ventured into the regulatory practice in 2022, attempting to not only ensure compliance on the corporate’s end but also for the team to learn new information and to understand the business better. The team’s inquisitive attributes have also led to multiple new L&D opportunities, and every month, the team presents and deliberates on a new regulatory aspect in a knowledge sharing format. Furthermore, when faced with the government’s implementation of Press Note 3, a policy curbing investment from neighbouring countries, I spearheaded our organisation’s efforts to safeguard its interests. Taking the lead in liaising with the government, I successfully secured the necessary registration for our organisation despite these regulatory constraints, thereby ensuring our continued growth and compliance with regulatory changes. 

  

If you had to give advice to an aspiring in-house lawyer or general counsel, what would it be and why?  

Cultivate a collaborative partnership with the business, sharpen your communication skills, and uphold unwavering ethics. Your capacity to align with the company’s goals, convey legal guidance clearly, and demonstrate integrity is pivotal for excelling in this dynamic and influential role. 

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