Namita Shetty

Partner

people

Namita has over 12 years of experience in Dispute Resolution and focuses on commercial and corporate litigation, regulatory litigation and domestic arbitration.

She has wide-ranging experience in handling disputes including those relating to joint ventures, shareholder agreements, private equity transactions, media rights contracts, general commercial contracts, construction projects, and securities and other regulatory litigation. She has represented clients before the Supreme Court, High Courts and various other tribunals such as Securities Appellate Tribunal, Appellate Tribunal for Foreign Exchange, Debt Recovery Tribunal, National Company Law Tribunal, National Green Tribunal and regulators such as SEBI, Directorate of Enforcement, ROC, etc.

 

Relevant Experience:

  • Representing a technology company in a series of litigations initiated before the Bombay High Court for alleged defaults on the part of its subsidiary commodity exchange company.
  • Successfully represented and acted for a technology company before the Bombay High Court and Supreme Court in challenging the order of amalgamation passed by the Central Government forcibly merging the parent technology company with its subsidiary commodity exchange company.
  • Representing a Singapore-based international trading company and its Indian subsidiary in relation to disputes arising out of several interconnected contracts with a steel mining company. Proceedings include execution of award obtained in favour of Singapore based company – filed before the Bombay High Court.
  • Represented a SPV (contractor) of a renowned fund anchored by the Government of India in the infrastructure sector in an arbitration proceedings against the sub-contractor before Mumbai Centre for International Arbitration (MCIA) where the claim related to wrongful termination of contract by the SPV contractor. Successfully secured a favourable emergency award against the sub – contractor.
  • Successfully represented a leading Indian private sector bank in proceedings before the Bombay High Court and recovery proceedings in the Debt Recovery Tribunal, Mumbai, in respect of foreign exchange derivative transactions entered into by the bank with various customers.
  • Successfully represented/ advised high net-worth individuals before SEBI in an insider trading case pertaining to trading in scrips of listed company and its group companies on the basis of alleged price sensitive information. SEBI eventually revoked its ex-parte ad interim orders against these individuals.
  • Represented a technology company and its promoters and directors in respect of action taken by the Ministry of Corporate Affairs to supersede its board of directors with government nominees and proceedings filed for the purpose before the Company Law Board (now the National Company Law Tribunal).
  • Represented a Bangalore based realty player before the National Green Tribunal, Pune in an execution application taken out by the counter party for alleged non – compliance with the directions issued by NGT.
  • Represented one group of family members in an arbitration proceedings arisen out of a complex family dispute involving division (pursuant to a family settlement agreement), of a business conglomerate involved in several ventures across industries. Also represented the group in proceedings before the National Company Law Tribunal (NCLT) on account of oppression and mismanagement by the other group (and entities controlled by them), in various companies, including by virtue of attempting to conduct a fraudulent rights issue. Also represented the group in proceedings before the various lower courts.
  • Advised a private equity investor in relation to disputes with its partner, the promoter family of a privately run hospital. Advised on interpretation of the various shareholders and investment agreements, limitation for exercise of rights, exit options, application for interim reliefs pending arbitration, renewal of rights, advice on proceedings under the SARFAESI Act, 2002, rights under the lending documents.
  • Represented and successfully opposed ad- interim relief sought against an Indian travel company before the Bombay High Court in relation to a claim made by its competitor in relation to alleged misappropriation of data belonging to the competitor.
  • Advised the Indian subsidiary of a multi-national company in the geodata and survey space in relation to a whistleblower complaint of bribery to government officials. Assisted in conducting an investigation by way of interviews of certain key employees. The employee’s services were terminated and also assisted in a labour dispute that arose from this action.

 

Memberships

  • Bar Council of Maharashtra and Goa, India
  • Permanent Member, Bombay Bar Association
  • Chartered Institute of Arbitrators UK, Fellow

 

Published Works

Qualifications

  • 2012 B.L.S., LLB, Government Law College, Mumbai
  • 2015 LL.M., University of Mumbai
expertise

Expertise

Practice Areas

  • Disputes
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