image.jpg

Experience

Founded in 2012, Capstone Legal has extensive experience in representing clients before various Courts & Tribunals in more than 1500 cases. Our advisory team has undertaken numerous assignments related to renewable energy, land due diligence and mergers and acquisitions.

Detailed List

Arbitration & related Applications before Courts

COURT APPLICATIONS

  1. Appearing for Hindustan Copper Limited (a Government of India Company) in a challenge to arbitration award on the grounds of improper interpretation of contractual terms and public policy. The total disputed amount is ₹ 300 million excluding interest on delayed payment.

  2. Challenge to an arbitral award amounting to ₹ 150 million on behalf of a leading copper manufacturing company. Jurisdiction of the Arbitrator has been challenged on the ground of being a Director in one of the companies in which the opposite party was a service provider.

  3. Appeared in an application opposing appointment of the Arbitrator by the High Court arising out of a contract for supply of oxygen to a plant. The High Court held that the Arbitrator cannot be appointed as there is no existing dispute between the parties.

  4. Represented a construction company in an arbitration application arising out of a license agreement. The premises were let to the franchisee of a global salon brand which was the subject matter of arbitration proceedings.

  5. Appeared on behalf of Mayo College Ajmer, which is ranked as India’s best school, in an arbitration application arising out of a brand licensing agreement for setting up schools at various locations in India. The case was filed by one of the franchisee holders seeking urgent relief which was successfully defended by Mayo College.

  6. Representing Mushkan Constructions in a challenge to arbitral award passed in relation to construction of power plant by NTPC in India. The total value of claim and counterclaim is ₹ 175 million .

  7. Appeared for the judgment debtor in a challenge to an arbitral award for delay in construction of an oxygen plant and downtime involving complex questions of facts. Case was eventually settled out of court.

ARBITRATION 

  1. Represented one of India’s largest IT companies in six ad-hoc arbitration proceedings with Power Transmission Companies for supply of software development and support services. The document review exercise itself involved looking at 27,000 documents. Total value involved ₹ 1750 million from the claimant’s side.

  2. Represented the Rajasthan Seeds Corporation in an arbitration initiated by contractors against short payment of money. The arbitration involved the entire operation of the Seeds Corporation in eastern Rajasthan which was being stalled due to the inaction by the contractors.

  3. Represented a major construction company in an arbitration proceeding against Shapoorji Pallonji Co. Ltd. in relation to Chhabra Power Plant.

  4. Representing a leading exporter of handmade rugs in an Indian law, London seated arbitration arising out of an agreement for supply of high quality rugs to a leading whole-seller in the United Kingdom. The arbitration proceedings are scheduled to begin in July 2020.

    Banking & Finance

  1. Represented a consortium of six Indian banks led by Corporation Bank in a debt recovery application for default of loan extended to a leading hotel chain and its associated companies. The total amount claimed by the consortium was ₹ 3,000 million.

  2. Represented Balnath Turnings in a notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 filed by The Nainital Bank. The notice was successfully defended and the bank entered into a one-time settlement with the lender.

  3. Represented New Age Hotels and Resorts in a challenge to a one time settlement entered with U.P. Financial Corporation. The total value of assets which were the subject matter of the litigation was ₹ 900 million. Led by Mr. K V Vishawanathan SA in this case.

  4. Representing the lender in a petition challenging the auction proceedings on the ground of mala-fide and bias. The total value of assets which are a subject matter of litigation is ₹ 100 million.

  5. Represented a consortium of banks in a SARFAESI Application filed by a leading shoe manufacturer against recovery of dues amounting to approximately ₹ 300 million.

Commercial Dispute Resolution

DISPUTES WITH GOVERNMENT

  1. Represented Binani Cement Limited [now Ultratech Nathdwara Limited] in cancellation of a coal block allotment by Union of India. The case was filed in light of the decision of the Supreme Court of India giving guidelines in coal block allocation in India.

  2. Representing ACC Limited (Holcim Lafarge – Swiss Cement Company) in a dispute involving cancellation of mining lease due to change in the nature of the company from a private limited to a public company without prior intimation.

  3. Appearing in the High Court for India’s leading cement company in a challenge to fly ash tender floated by state owned electricity producers.

  4. Representing Jai Balaji Industries in a challenge to the conditions of a tender concerning procurement of iron pipes for an irrigation project by the water works department.

  5. Represented Philips Limited in a writ petition challenging a statutory appeal order passed by the Secretary, Medical Education, Government of Rajasthan. The appeal was filed by Siemens Limited in relation to a high-technology medical equipment purchase.

  6. Appearing for Metso (Finnish industrial machinery company) in a series of writ petitions challenging levy of tax on mobile stone crushers manufactured in India.

  7. Advising and appearing for a leading solar power manufacturer (EU) in a dispute with the government with respect to payment of development charges etc.

  8. Representing a Delhi based hotelier in a dispute with Development Authority on alleged irregularity in the allotment of land in pursuance of an auction and for recovery of monies amounting to ₹ 100 million.

OTHER COMMERCIAL DISPUTES

  1. Representing a BVI company represented by a Japanese Bankruptcy Trustee in a commercial suit for recovery of illegal amounts paid by the company to its Directors. The total disputed amount which is sought to be recovered by the BVI company in total is ₹ 1000 million.

  2. Representing the owners of a Relais & Châteaux hotel in a title dispute with another company and individuals. The total value of disputed estate is ₹ 5,000 million.

  3. Represented a leading hospital chain in a suit for specific performance and premature termination of a license agreement seeking more than ₹ 500 million in damages. The case was eventually settled through mediation.

  4. Representing Emaar Limited (India’s leading real estate company) in a land title dispute with previous owners. Issues ranging from land allotment to inheritance law were agitated before the Land Tribunal.

  5. Representing the organisers of Jaipur Literature Festival (world’s largest free literary festival) in a number of suits filed seeking injunction and damages for improper use of land and violation of permission granted to organise the festival.

Civil Litigation

  1. Represented members of the erstwhile royal family of Kota in an appeal in a partition suit pending before the High Court. Led by several senior counsel in this Appeal from time to time.

  2. Representing erstwhile royal family of Diggi house in a series of more than 20 cases before various courts in Rajasthan including the Rajasthan High Court. Cases are related to rent disputes, title disputes and declaration suits.

  3. Representing heirs of Raja Laxman Singh in several civil suits related to a civil dispute related to a will. The properties are situated in various cities in Rajasthan.

  4. Representing House of Rohet in several civil disputes pending before the Board of Revenue, Rajasthan High Court and various trial courts.

  5. Represented a leading international brand in a dispute pertaining to a lease with World Trade Park, which is Rajasthan’s biggest shopping mall.

    Constitutional Litigation

  1. Representing Commonwealth Human Rights Initiative (CHRI) in a Public Interest Litigation (PIL) filed on prison reforms. Due to submissions to the Court, a reformed prisoner visitor system has been introduced. Prison visitors are public officials and representatives from non-government organisations who conduct prison visits and ensure compliance with the prison manual. CHRI is India’s leading organisation in the field of prison reform and based on their studies and reports, the Court was persuaded to issue detailed directions which had an effect on the lives of thousands of under trial prisoners and convicts. [Rajasthan High Court, CW (PIL) 2808 of 2012].

  2. Representing National Commission for Protection of Child Rights (NCPCR) in a PIL on suicides among students preparing for competitive exams. Through reports filed by NCPCR, the Court was persuaded to issue directions to the State to formulate detailed guidelines on hostels, coaching institutions, stress management and counselling for students. This issue was widely covered by Indian national media due to its important and sensitive nature. NCPCR is a statutory body established by an Act of the Parliament whose mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.[Rajasthan High Court, CW (PIL) 99 of 2016].

  3. Appearing for NCPCR in a PIL filed after deaths of 109 children were reported in a government hospital due to suspicious reasons. The High Court sought a reply from NCPCR about the reasons for such an incident and to conduct an exercise to affix liability on those responsible for negligence. These deaths have been termed by the media as one of most horrific disasters due to state negligence in the last decade. [Rajasthan High Court, CW (PIL) 391 of 2020].

  4. One of the partners was appointed as an Amicus Curiae by the Rajasthan High Court in a case regarding drug abuse among children and adolescents. On the basis of detailed submissions made in the Amicus brief submitted to the Court, directions were given to build Rajasthan’s first de-addiction centre at Ajmer. Directions were also issued to form a committee of senior government officials including Secretaries for the Department of health, police, finance, law etc. to form a comprehensive drug abuse prevention policy and provide separate budgetary allocation for its implementation.[Rajasthan High Court, CW (PIL) 6672 of 2016].

  5. Represented Federation of Animal Protection organizations (FIAPO) in a PIL on stray animals and dogs. India faces a huge problem of stray animals which has caused a safety concern for people and animal abuse for stray animals. FIAPO is India’s apex animal rights organisation which was sought to be impleaded as a party in pursuance of an application. Suggestions are being submitted from time to time to ensure animal rights are protected after they are caught by municipal authorities. [Rajasthan High Court, CW (PIL) 21797 of 2017].

  6. Representing Animal Aid Unlimited (AAU), which is an international non-government organisation working in the field of animal welfare, in a petition for non-compliance with orders passed by the Supreme Court of India in Animal Welfare Board of India v. A. Nagaraja (2014) 7 SCC 547 wherein, the Supreme Court has laid down guidelines for animal birth control programs which are being blatantly overlooked by the State. [Jodhpur High Court, CW 1304 of 2020].

Company Law & Corporate Insolvency

  1. Appearing for one of India’s largest hospitality companies in a dispute regarding transfer of shares and a claim of oppression and mismanagement. The market value of disputed shares is around ₹ 25000 million. The case is one of the largest in terms of value at National Company Law Tribunal, Jaipur.

  2. Represented an Asset Reconstruction Company in a proceeding to recover money from a Guarantor of a loan amounting to ₹ 500 million before the NCLT, Ahmedabad.

  3. Advising one of India’s oldest conglomerates in a series of cases filed by vendors as an operational creditor. Capstone Legal formed a strategy to settle most of the cases through mutual settlement and negotiations. The total value of cases settled through professional help is ₹ 900 million.

Due Diligence

  1. Advised a leading food park development company in due diligence of land - including title verification, revenue records procurement, encumbrance check etc. for a food park in Bundi district.

  2. Advised a leading Cement manufacturer in development of a green field plant in Nagaur district. This included procurement of all government licences in addition to land due diligence.

  3. Advising a leading renewable energy company in carrying out due diligence exercise for setting up a solar power project. Permission from Rajasthan Renewable Energy Corporation Limited, Pollution Control Board and other statutory authorities was a part of the mandate fulfilled by Capstone Legal.

  4. Advising a leading hotel chain in conducting due diligence exercise for purchasing a hotel in Pushkar. The hotel is now leased to one of India’s largest hospitality chains.

  5. Advising a foreign owned & controlled entity in purchase of a company with assets in three states. The exercise is being conducted in association with an international law firm.

Criminal Law

  1. Appeared on behalf of the ballistic expert in the infamous Jessica Lal Murder case (led by Mr. K V Vishwanathan, SA) in the Supreme Court. The ballistic expert was accused of giving a false report upon examination of cartridges. Proceedings were sought to be initiated against him for perjury upon an application filed in the High Court. On Appeal, the Supreme Court decided the scope of expert witnesses and perjury and set aside the proceedings against the ballistic expert. [Supreme Court of India, Criminal Appeal 9-10 of 2016]

  2. Represented the accused in a petition where the primary issue was recalling a witness after cross examination under Section 311 of the Code of Criminal Procedure, 1973. The petition was partially allowed and the case was made reportable by the High Court.

  3. Appeared on behalf of a father wrongly accused of killing his own daughter. The case was argued before the Sessions Court and the father was acquitted after a full trial of murder. He was however convicted for manslaughter without intent. Upon appeal in the High Court, the sentence was suspended upon a full hearing.

  4. Represented the Chief Executive Officer, Chief Financial Officer and Chief Information Officer of India’s leading IT company in securing a favourable order of quashing the first information report (police report) by the High Court in a case involving allegations of corporate fraud.

  5. Represented a billionaire entrepreneur accused in a case accused of corporate fraud. The police report was eventually quashed based on documents by the Hon’ble High Court.

  6. Representing a former public official accused of accepting illegal gratification in the course of his duties. It is a high profile case which was covered by leading newspapers. [Anti Corruption Court, Jaipur].

  7. Appeared for a main accused in a case where allegation of gang rape was made against six accused. Chargesheet has been filed by the police and cognisance has been taken by the Sessions Court. [Additional District & Sessions Judge, Bharatpur].

  8. Representing the complainant, who is a member of an erstwhile royal family in a First Information Report and subsequent police investigation related to forgery of a will.

  9. Represented and advised Ramkrishna Mission in a case filed alleging robbery, criminal intimidation and other allegations. The case was later published in leading magazines such as India Today.

  10. Representing the promoter of a leading hospital in Delhi in a petition challenging FIR lodged alleging fraud, criminal intimidation and forgery of documents related to an oil Public Sector Undertaking.

Energy Law

  1. Representing Ultratech Nathdwara Limited in two petitions filed by Rajasthan Renewable Energy Corporation Limited (RRECL) for compliance with RPO obligations. The petition was dismissed against Ultratech by a detailed order passed by Rajasthan Electricity Regulatory Commission.

  2. Represented a rooftop solar company in a petition seeking permission to operate within the state of Rajasthan and seeking amendment in the powers of DISCOMs with respect to disconnection for non-payment of dues. Specific directions were issued by RERC favouring the petitioner.

  3. Representing Rajasthan Steel Chamber, which is an association of steel re-rolling mills challenging fuel charge calculation due to change of regulation in 2019. Another challenge by the Chamber also includes a levy of special fuel surcharge.

  4. Representing rolling mills in Ajmer in a challenge to increase in electricity duty before the Rajasthan High Court by challenging the notification issued by the Government. In pursuance of the stay order passed, the government was constrained to issue a fresh notification in suppression of the notification under challenge.

  5. Advising salt manufacturers in Sambhar and Nawa on illegal calculation of electricity charges by Ajmer DISCOM. The levy was challenged before the Principal Seat at Jodhpur and all demands were set-aside by a detailed order.

Taxation Law

  1. Represented Binani Cement Limited in an application under the VAT Act, 2003 for granting installments in pursuance of a demand for payment of ₹ 4,000 million along with interest of ₹ 2120 million. Led by Mr. S. Ganesh SA, Mr. Amrendra Sharan SA, Mr. R.P. Singh SA, Ms. Bansuri Swaraj in this case.

  2. Representing Century Metals Private Limited, India’s leading aluminum scrap importer, in a set of six appeals filed by Union of India before the High Court. Total tax value demanded is ₹ 400 million.

  3. Representing numerous companies in the ship breaking industry in an appeal filed by Union of India before the Tax Tribunal for setting aside a clandestine removal allegation which was set-aside by the Commissioner Central Excise.

  4. Represented Twenty First Century Wire Rod Limited in an Article 32 Writ Petition seeking special permission to waive pre-deposit in light of the poor financial condition of the company. Total tax value involved was ₹ 1,500 million.

  5. Representing a leading manufacturing company in an appeal filed regarding classification of coal imported from South Africa and Indonesia, on the issue of characterization of the coal. The Appeal has now been transferred to a Special bench constituted on the directions of Supreme Court of India. The total tax demanded in appeal is ₹ 320 million.

  6. Representing a leading company in a writ petition challenging illegal search and seizure of documents from the premises of the company during a raid. Led by leading tax lawyer J.K. Mittal in this case.

  7. Appearing for a series of iron and steel traders and directors of companies accused by DGGI for issuing fake GST invoices and availing input tax credit. Chargesheet has been filed in some cases and the rest are pending investigation. The total disputed amount for all cases is around ₹ 600 million.

Practice Areas

 

Arbitration & related applications before Courts

From high stakes construction, commercial and industrial arbitrations to complex IT disputes, we have extensive experience in arbitration and related court applications. We appear before the Commercial Division of the High Court, Commercial Courts and before Arbitral Tribunals.

 

Civil Litigation

We represent several erstwhile royal families of Rajasthan in various Courts, including Revenue Courts and tribunals in matters pertaining to family law & succession, revenue & tenancy laws, real estate law and law related to municipal or development authorities.

Banking & Finance

Lawyers at Capstone appear regularly before the NCLT, Jaipur and DRT. We represent ARCs, NBFCs and operational creditors in a wide range of disputes.

 

Company Law & Corporate Insolvency

Our key highlight in 2020 was a leading billion dollar dispute related to transfer of shares including allegations of oppression and mismanagement of Rajasthan’s leading hospitality companies. In 2018, we worked with world’s leading consultancy companies on a US$ 1 billion insolvency process.

Commercial Dispute Resolution

We regularly appear before Commercial Courts and High Court for India’s leading companies. Capstone also has experience in appearing before the Appellate Authorities under the Rajasthan Public Procurement Act.

 

Constitutional Law

Judicial Review is our forte. We have represented leading non-government organisations on issues related to animal protection, environmental protection, prison reforms and drug abuse. Lawyers at Capstone have been appointed as Amicus Curiae and Court Commissioner by Constitutional Courts.

Criminal Law & White Collar Crime

We represent companies in cases where criminal cases have been lodged arising out of civil or contractual transactions. We provide legal opinion and assistance to clients in investigations by the ED, CBI, state police, anti-corruption bureau and CID-CB Rajasthan.

 

Due Diligence - Land

We assist leading law firms in their due diligence exercise for a wide range of projects including hospitality, asset purchase, food park and solar projects. Our team can assist with assignments which require inputs from Municipal Bodies, Development Authorities, RIICO, RSSML and Sub-Registrar offices.

Energy Law

From appearing before the Rajasthan Electricity Regulatory Commission to procuring approvals from RRECL, Capstone is a one-stop destination for India’s leading renewable energy companies with projects in Rajasthan.

 

Mergers & Acquisitions

For companies based in Rajasthan, legal due diligence requires expertise on a variety of local laws and environmental regulations. Based on our specialised know-how, we are often instructed to advise on share purchase agreements and deal structuring for companies based in Rajasthan.

Taxation Law

Representing clients in wide of industries including plastic, iron & steel, textile, EOUs etc. in appeals before the High Court and CESTAT. We are regularly instructed to appear on industry wide issues related to direct and indirect taxation by trade bodies.

 

Regulatory Approvals

Lawyers at Capstone advise companies on approvals from RERC, RIICO, RRECL, Transport, Mining & Industries Departments. We have had the privilege of introducing various startup companies in Rajasthan by assisting them to get regulatory approvals from various agencies of the State Government.

 

Reported Cases

Cases in which lawyers from Capstone have appeared have been reported by the Hon’ble Supreme Court of India and several High Courts. These cases arise out of complex issues pertaining to constitutional law, indirect taxation, arbitration and criminal law. An illustrative list of cases is as follows -

 
  • Abhiraj Meena v. Rajasthan University of Health Sciences [Rajasthan High Court, D.B. Special Appeal (Writ) 102 of 2015]. Reported as (2015) SCC Online Raj 2037 and (2015) 5 WLC 96.

  • Bhagwati Gases Limited v. Hindustan Copper Limited [Rajasthan High Court, S.B. Arbitration Application 58 of 2014].

  • Dalveer Singh v. State of Rajasthan [Rajasthan High Court, SB Criminal Misc. Petition 616 of 2009]. Reported as (2013) SCC Online Raj 3754, (2013) Cr.LJ. 3064 and (2013) 4 WLC 593.

  • Himanshu Prasad v. Rajasthan University of Health Sciences [Rajasthan High Court, D.B. Special Appeal (Writ) 100 of 2015].

  • Kamaljeet v. The Labour & Industrial Tribunal, Ajmer [Rajasthan High Court, D.B. Special Appeal (Writ) No. 920 of 2014].

  • Kishan Gopal Verma v. State of Rajasthan [Rajasthan High Court, D.B. Civil Writ Petition No. 11894 of 2013]. Reported as (2015) SCC Online Raj 2037 and (2016) WLC 214 and AIR 2015 (NOC) 1170 Raj.

  • Mahamantri, Food Industries Employees Union v. The Labour & Industrial Tribunal, Ajmer [Rajasthan High Court, D.B. Special Appeal (Writ) No. 864 of 2014].

  • P.S. Manocha v. State of NCT Delhi [Supreme Court of India, Criminal Appeal 9-10 of 2016]. Reported as (2016) 4 SCC 571, (2016) 2 SCC (Cri) 315 and (2016) SCC Online SC 15.

  • Philips India Limited v. The Principal Secretary, State of Rajasthan [Rajasthan High Court, S.B. Civil Writ Petition No. 13491 of 2018].

  • Ram Pratap v. Anand Kanwar [Supreme Court of India, Civil Appeal 8504 of 2018].

  • Suo Motu v. State [Rajasthan High Court, D.B. Civil Writ Petition No. 2808/2012].

  • Shiv Shakti Udyog v. CCE, Jaipur [Rajasthan High Court (2018) 360 ELT 1001].

  • Sanwaria Sweets Private Ltd. v. UOI [Rajasthan High Court (2019) 24 GSTL 193].

  • Nasik Strips v. CCE [Bombay High Court (2018) 362 ELT 1023].


Latest Updates about our practice