Practice Leaders

Infrastructure

Firm’s infrastructure lawyers counsels in Public Private Partnership (PPP) projects, transaction advisory, project documentation, tender and pre-bid advisory, risk analysis, operation and maintenance contracts as well as regulatory issues in the sectors. Our infrastructure lawyers provide advisory in both contentious and non-contentious matters inInfrastructure Projects. Our clients include domestic and international infrastructure companies, Government entities, project sponsors, developers, construction contractors, lenders/investors, multilateral agencies, banks and financial institutions, project equipment suppliers, project service providers and consulting organizations.We conduct drafting, negotiating and reviewing of tender documentations that are integral to the infrastructure projects and Contractual Disputes

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Recent Transactions

GAIL (India) Limited for the review and opinion on enforceability of Gas Sale and Purchase Agreement with Sabine Pass Liquefaction Lender’s Legal Counsel for purchase of 3.5 MMTPA over a 20 years period. Also opined on the enforceability of the Direct Agreement with the lender of the Gas Seller for assignment of the benefits under the agreement. Also, assisted the client for review of various agreements and issues related to providing guarantee by Indian parent to its overseas subsidiary. Advise relating to international gas supply contract, vetting of joint operating agreement relating to liquefied natural gas.

Indraprastha Gas Limited, a leading clean energy solutions provider, for various regulatory approvals for its Initial Public Offering in India.

Jindal Steel and Power, one of India’s major steel producers, for review and vetting of the Coking Coal Sales Purchase Contract between Jindal Steel and Power Limited, Gujarat NRE Coking Coal Limited and an Australian company. Advised on INCOTERMS 2010, Price Adjustment Formula, Damages and Indemnification by the Seller. Comparative study of the Coal Purchase and Sale Agreement of various countries, such as, Master Coal Purchase and Sale Agreement approved by U.S.A based Coal Trading Association, Contract for Sale and Purchase of Indonesian Non-Coking Coal and Coal Supply Agreement of Coal India Limited.

Ministry of Road Transport and Highways (MoRTH) for development of Two-laning of selected NH sections (20 projects) through Public-Private Partnership on Design, Build, Finance, Operate and Transfer (DBFOT) basis. Mandate included drafting/reviewing of the concession agreement in light of the Model Concession Agreement; Bid documents – RFQ/RFP and other related documents.

National Highways Authority of India (NHAI) for BOT/BOT (Annuity) projects of 4/6 laning in Tamil Nadu, Andhra Pradesh & Karnataka, Punjab, Madhya Pradesh, Rajasthan and Uttar Pradesh . The activities included carrying out the “Due Diligence” on behalf of NHAI as the Project Owner’s Consultant; drafting of request for proposal (RFP) documents, concession agreement, O&M concession agreement and other related documents. Continued handling of more than 4000 cases pertaining to land acquisition for NHAI.Also, against Obedullaganj Betul Tollways Pvt. Ltd. in dispute worth US$ 105 million (Rs700 Crores) pertaining to a Concession Agreement and the Common Loan Agreement in State of Madhya Pradesh for ‘Four Laning of Obedullaganj- Betul Section of NH-69 f on BOT (Toll) Project basis.

Flughafen Munchen GmbH, Germany,  a limited liability company operating the Munich Airport, Germany, for their participation in the bid for Restructuring and Modernization of Mumbai and Delhi Airports.

GMR Hyderabad International Airport, a joint venture company promoted by the GMR Group, in partnership with Government of India , Government of Andhra Pradesh and Malaysia Airports Holdings Berhad , for legal advice and drafting of Request for Proposal and License Agreement for Retail Facilities at new Greenfield Hyderabad International Airport. Also advised on issues relating to Government policies on foreign investment in retail trading pursuant to a Concession Agreement between GMR Hyderabad International Airport Ltd. and the Ministry of Civil Aviation, Government of India for Public Private Participation for development of the new airport and for setting up of retail facilities at the airport.

Mormugao Port Trust, Goa, one of the oldest ports on the west coast of India, for transaction advisory services for development of an 8 MMTPA iron ore Terminal at the west of Breakwater at the port, which is a leading major port of India. The Project was on DBFOT bid process management-both for the selection of the developer and appointment of independent Engineer for management of the Project.

Mumbai International Airport Ltd. (MIAL) in legal proceedings before the High court of Karnataka against Kingfisher Airlines and consortium of Banks (led by State Bank of India). MIAL challenged the order passed by Debt Recovery Tribunal restraining the client to take any further steps against process of disposal of assets of Kingfisher Airlines stored in MIAL’s premises and mortgaged with banks.

Indian Railway Manufacturing Facilities Project, Ministry of Railways, which has the largest rail network in Asia in consortium with PwC for conceptualization of the project including review of various acts, drafting of RFQ, RFP and project specific documents such as procurement agreement, lease agreement, bid process management, evaluation of various models of development including private public models, and bid evaluation including selection of the private bidder.

Metro Link Express for Gandhinagar and Ahmedabad (MEGA) Company Ltd. for advice and drafting of FIDIC based EPC contracts and tender documents for implementation of the first phase of 111 km Metro Rail project in Ahmedabad.

Ministry of Railways for drafting of model framework agreements/ concession agreements to be executed between Ministry of Railways and the private developer for operation of- private passenger trains, standalone passenger corridors, existing freight etc. and providing an appropriate framework for sharing responsibility, risks and revenue between Ministry of Railways and the private developer in the areas pertaining to concession, operation, maintenance, termination, dispute resolution, etc.

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– With our best wishes

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– With our best wishes

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– With our best wishes

Our Infrastructure Practice at a Glance

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