S. Dutt & Co. Solicitor & Advocates
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AREA OF PRACTICE
 

Admirality & Maritime:

 

  • Admirality & MaritimeCargo Claims
  • Leasing
  • Marine Insurance
  • Oil Spillage
  • Ships Assets and Releases
  • Ship Finance
  • Ship Registration
  • Shipping Litigation and arbitration
  • Collision and Salvage
  • Charter Party Disputes
  • Contracts for Construction
  • Use and Operation of Ships
  • Ship Sale and Purchase

We advise on contentious and non contentious maritime matters including related insurance matters for ship-owners, charters, hull insurers, P&I Clubs, Cargo owners and underwriters, composite insurers, traders, freight forwarders, shipyards and port authorities.

The contentious work embraces litigation, arbitration and mediation including claims and disputes involving/relating to bills of lading, charter parties, salvage, death and personal injury, oil pollution, cargo damage and loss as well as the arrest and release of vessels.

The non contentious areas of work include advice on matters such as the sale and purchase of ships, ship financing, registration and related insurance contracts.

Anti Dumping:

 

Anti-dumping Policies, Laws and Notification
Challenging Anti Dumping Duties before Proper Authorities
Filing appeals

Arbitration & Conciliation:

 

  • Arbitration & ConciliationMediation and Conciliation
  • Domestic and International Arbitration
  • Enforcement of Awards in India
  • Enforcement of Awards outside India
    Arbitration in the field of sports
  • Matters relating to inter-state disputes
  • Matters relating to Bilateral Investment Treaties

This is a very important aspect of the firm’s practice. Partners of the firm are involved with various Arbitration Councils including International Chamber of Commerce, Council of Arbitration for Sports, International Court for Commercial Arbitration, London Court of International Arbitration, Singapore International Arbitration Centre, Indian Council for Arbitration, etc.

Banking Laws:

 

  • Banking LawsApproval of Prospectus
  • Asset Management
  • Banking Regulation
  • Bank Merger and Acquisition
  • Bonds
  • Consortium lending
  • Debt securities
  • Development financing
  • Establishment/Closure of banking office
  • Floatation
  • Foreign exchange
  • Leasing and asset finance
  • Loan documentation
  • Management buy outs and buy ins
  • Private placements
  • Public offerings
  • Restructuring and compliances
  • Securitization of movable and immovable assets 
  • Stock exchange listings
  • Trade finance
  • Venture Capital Fund

One of the strongest practice groups of the firm. Our Banking team represents foreign and domestic lenders and borrowers, financial institutions, financing and insurance companies in all aspect of sophisticated commercial loan transactions and other credit transactions.  We are continuously involved in advising them on various financing transactions, loans and project financing. In the area of corporate finance, our work covers rights issues, private placements, corporate restructuring, schemes of arrangement and advice on security regulations.

The firm advises clients in connection with various traditional lending transactions and derivative financial instruments.

Capital Market, Private Equity and Fund:

 

  • Capital Market, Private Equity and FundOfferings in the market
  • Drafting Documents for IPO, ADR etc
  • Due Diligence
  • Compliance with listing requirements
  • Raising of debts
  • Issuance of Equity
  • Fund and Funds Investment


The firm’s capital markets’ practice offers a range of legal services to Indian corporates planning to raise funds from the domestic and/ or the international markets. FML owing to the rich experience of several reputed capital markets transactions, has emerged as a leading participant at both the Indian and global markets. We enjoy an unparalleled ability to offer our clients a highly practice-specific advice given our combined knowledge base of securities law and the expertise of working with various industry sectors. Further, due to our ability to draw from our tax, banking and other expert practice areas, we are able to provide our clients with a complete legal and business solution. The firm’s close ties with the local stock exchanges and regulatory bodies helps us to ensure that we are able to offer to our clients all the necessary assistance in complying
with legal requirements.

Consumer Disputes:

 

  • Consumer DisputesProduct Liability Claims
  • Consumer Protection Issues
  • Warranties
  • Terms and Conditions
  • Consumer Credit and Finance
  • Litigation

We handle complex product liability claims for both domestic and foreign clients before tribunals and courts throughout the country as well as review measures adopted by clients vis-à-vis dealers, customers, insurers, experts
and administrative agencies.

Corporate Laws:

 

  • Corporate LawsFormation of Companies
  • Foreign Investment Proposals
  • Corporatisation and Privatization
  • Foreign Direct Investment
  • Foreign Investment Promotion Board
  • Corporate Reorganization and Reconstructions
  • Reserve Bank of India
  • Liquidations
  • Import & Export Code
  • Joint Ventures / Shareholders Agreement
  • Asset Acquisitions
  • Trade Arrangement and Technology Transfers
  • International Trade
  • Statutory Filings under Company Law

The Firm provides a comprehensive range of services necessary for the establishment of business and operation in India by foreign investors and Indian business houses.  We also assists in obtaining statutory permissions and sanctions from various regulatory and Government bodies, departments and agencies i.e., Foreign Investment Promotion Board, Reserve Bank of India, Directorate General of Civil Aviation, Secretariat of Industrial Assistance, Ministry of Industry, Company Law Board, Department of Electricity, Ministry of Finance and Department of Telecommunication

Employment and Industrial Relations:

 

  • Employment and Industrial RelationsCompliance and regulatory issues
  • Employment aspects of business transfer
  • Employment contracts
  • Disciplinary and grievance matters and rules
  • Maternity provisions
  • Handbooks and compensation packages
  • Director’s duties
  • Wrongful and unfair dismissal claims and redundancy

Our practice in Employment and Industrial Relations assists the management in understanding and incorporating industrial relations policies and employment practices, complying with health and safety legislation as well as licensing and regulation of the sector.

We also represent the management before Tribunals, Commissions, other Quasi-Judicial and Judicial bodies in matters connected with employment and industrial disputes.

Environment Laws:

 

  • Environment LawsNational and International Legislations and Treaties
  • Pollution Control in any environmental medium
  • Construction related environmental issues
  • Assistance for obtaining necessary permits, approvals, exemptions
  • Compliance advice concerning new and existing statutes and regulations
  • Due diligence assessment and allocation of environmental implications for mergers and acquisitions, lease requirements
  • Counseling on issues relating to eco-auditing and eco-assessment
  • Obtaining environmental clearances for infrastructure projects
  • Environmental Audit
  • Environmental Litigation

Our Environment Practice Group represents clients over the full spectrum of environmental and health matters. Our team regularly counsels clients in every substantive area of environmental law including air, water, solid waste, hazardous chemicals, infectious waste, underground storage tanks and pollution insurance. .

Immigration & Nationality:

 

The investment scenario has changed the practice and need of service in this area. The firm advises clients on Business Immigration and assists expats in getting their work permits in India. The issue of dual citizenship has just become another practice area with the Government recently allowing Dual Citizenship.

Information Technology:

 

  • Information TechnologyRegistration Renewal of trade/service marks, copyrights, patents and designs
  • Initial investigations into potential patentability of inventions
  • License agreements including shrink-wrap and click-wrap licenses
  • Merchandising agreements
  • Assisting clients in obtaining and protecting domain names
  • Infringement and Passing-off action
  • Counterfeit Product Investigation/Seizure
  • Trade secrets

Our Intellectual Property team has expertise in all areas of trade/service mark, trade secret, copyright and patent law. We advice our clients on the selection, availability, use and registration of trade/service marks, patents and copyright applications within India and abroad.  This practice area contains several individuals with scientific backgrounds to facilitate patent prosecution. We also have attorneys who have extensive experience in the litigation of intellectual property conflicts.  In addition, our team is also experienced in negotiating and drafting a variety of license agreements.

Infrastructure (Road, Air Port, Rail):

 

  • Infrastructure (Road, Air Port, Rail)Preparing tender forms
  • Liaising with the Government Authorities
  • Structuring projects 
  • Loan agreements
  • Escrow agreements
  • Guarantees
  • Mortgage and hypothecation deeds
  • Supply agreements
  • EPC contracts 
  • Engineering agreements
  • O&M contracts      

Our Infrastructure team advises clients on various infrastructure projects relating to roads, bridges, airports, rail and ports.  In addition to these sectors, the firm advises on a range of issues relating to Water Resource Contracts and Projects, Telecommunications and Satellite Transactions including basic, cellular and satellite system, Broadcasting Law and Policy, Data Communications, Computer and Information Technology. The Firm has in the process represented the Government, International and Domestic sponsors, lenders, investors and contractors in such projects.

The firm is one of the approved ‘Lender’s Counsel’ by the Financial Institution

Insurance MattersInsurance Matters:

 

  • Regulatory approvals and advising on foreign direct investment in insurance pre-post-entry compliances
  • Acquisition and/ or sale of insurance companies
  • Corporate reorganization

                                                                    
The firm’s insurance team advises clients on contentious and non-contentious issues as mentioned above. We also represent insurance companies at the trial and appellate stages in Tribunals and other forums.

Intellectual Property:

 

  • Intellectual Property Matrimonial MattersRegistration Renewal of trade/service marks, copyrights, patents and designs
  • Initial investigations into potential patentability of inventions
  • License agreements including shrink-wrap and click-wrap licenses
  • Merchandising agreements
  • Assisting clients in obtaining and protecting domain names
  • Infringement and Passing-off action
  • Counterfeit Product Investigation/Seizure
  • Trade secrets  

Our Intellectual Property team has expertise in all areas of trade/service mark, trade secret, copyright and patent law. We advice our clients on the selection, availability, use and registration of trade/service marks, patents and copyright applications within India and abroad.  This practice area contains several individuals with scientific backgrounds to facilitate patent prosecution. We also have attorneys who have extensive experience in the litigation of intellectual property conflicts.  In addition, our team is also experienced in negotiating and drafting a variety of license agreements.

Litigation Matrimonial Matters:


  • Litigation Matrimonial MattersCommercial contract dispute claims
  • Monetary  claims
  • Debt collection employment disputes
  • Trust and Probate
  • Mortgage claims
  • Insurance claims
  • Tax claims
  • Personal injury claims
  • Enforcement of Decrees
  • Enforcement of Foreign Decrees
  • Serving Summons
  • Providing expert advice on Indian Law
  • Writ Petitions

The firm practices and assists clients on all types of civil and commercial litigation in all the courts in the country. The firm’s network of offices around the country is very useful for our clients who have litigation around the country as they don’t have to look for local lawyers. This effectively saves the client on cost of travel and time.

It is a well established practice in India to engage Senior Advocates (equivalent to QC in England) to argue important matters. The firm has, whenever necessary and in the interest of the client, engaged the most appropriate Senior Advocate. The firm has excellent relations with the country’s most recognized Senior Advocates.

The firm is an Advocate on Record of the Supreme Court of India, which allows the firm to file directly in Hon’ble Supreme Court of India.  (In India, only an Advocate on Record is permitted to file a matter in the Supreme Court of India.)

Merger & Acquisitions:

 

  • Merger & AcquisitionsConducting Due-diligence
  • Assist in Negotiations
  • Preparation and finalization of Agreements
  • Obtaining necessary permissions from the requisite authorities
  • Execution and completion of the Transaction
  • Obtaining Court sanction with regard to amalgamations
  • Advice relating to the Takeover Code

The Firm offers cast iron experience in Merger & Acquisitions “M&A” having worked for Major Indian and multinational corporations and is rated as the best by various reputed International legal journals. The firm advises its clients on all aspects of M&A. Our M&A Practice Group is assisted by experts from other key areas such as employee benefits, environmental regulation, antitrust, intellectual property, real estate and tax.

Outsourcing:

 

  • OutsourcingFormation of companies
  • Registration with the Department of Telecom
  • Customs
  • Real estate negotiations
  • Tax issues
  • VSNL & BSNL permissions
  • Labour & Personnel issues     

The firm's Outsourcing team has represented a wide range of companies in connection with the outsourcing of their requirements in areas such as procurement, manufacturing, logistics, network and software support. Our BPO team has structured and negotiated on issues that define the expectations and responsibilities for both parties, related remedies in case of failure, ownership and use of intellectual property and data, personnel, real estate, tax implications etc. Lawyers from different practice groups in the firm work together to provide BPOs with comprehensive legal services required for successful business ventures.

Project Finance:

 

  • Project FinanceLoan Agreements/Bridge Loan Documents
  • Debenture Subscription Agreement
  • Debenture Trust Deeds
  • Deed of Mortgage/ Creation of Mortgage by deposit of Title Deeds
  • Deed of Hypothecation, Guarantee, Promissory Notes, etc
  • Share Pledge Agreements
  • Deferred Payment Guarantees
  • Underwriting Contracts
  • Escrow Agreements
  • Investigation of title of properties offered as security     
  • Credit Agreements
  • Inter Creditor Agreements
  • Concession Agreements
  • BOT Contracts
  • O&M Agreements
  • Instructing of the tender process and preparation of tender documentation
  • Assistance on the preparation of enabling legislation
  • Bidding strategy

The firm acts for a variety of clients in all types of banking, finance, and capital market transactions. Our experience in structuring, negotiating, and documenting financial transactions is supported by extensive experience in tailoring such transactions to all relevant legal, regulatory, and tax requirements.

Real Estate and Land Laws:

 

  • Real Estate and Land LawsJoint Venture Development
  • Development of Townships
  • Development and promotion of Real Estate
  • Lease and Sale Documentation
  • Title Investigation

The firm's Real Estate practice has a wide client base including banks, real estate agents, hoteliers, institutions and Government authorities.  Our expertise allows us to advice them in their roles as investors, developers, occupiers, borrowers, owners, funders or lenders. Our services in title investigation, purchase, sale and development of real estate have been used by a large number of developers of commercial and residential project.

Tax Matter:

 

  •  Tax MatterCommercial Taxation
       (a) Excise Duty     
       (b) Customs Duty
  • Sales Tax
  • Corporate and Personnel Income Tax
  • Off-shore Tax Planning
  • Company and Partnership Income and Capital gains tax
  • Tax effectiveness of commercial ventures
  • International tax Planning                                  
India has a very integrated personnel and corporate tax system. We closely follow all legislative

TMT (Telecom, Media & Technology):

 

  • TMT (Telecom, Media & Technology)Domain Name registrations
  • E-Commerce
  • Web-hosting
  • Internet banking
  • Management of computer hardware and software contracts
  • Data Protection
  • Foreign Direct Investment in Telecommunication /Media/Technology.
  • Regulatory Advice on Telecommunication/ Media/Technology     
  • International Shrinkwrap, Clickwrap and operating licenses and distribution agreements;
  • Exhibition agreements;
  • Co- production, pre-sales and territorial licenses;
  • Location and inter-party agreements;
  • Film, Television Program and Format licensing; 
  • Merchandising and Promotion agreements
  • Project Finance for Telecommunication/ Media/Technology

Our firm is well known for its TMT practice. We strive to keep our lawyers current on the developments and innovations that affect the market. With our expertise we have advised a number of telecoms, media and technology companies on issues such as IP, transactional, regulatory issues, outsourcing agreements, privatizations etc. Our Telecommunication Group is involved in a wide range of telecommunication projects. We have advised clients on licensing, securing private and public financing, contractual advice on building networks and advice on regulatory matters.

Information Technology emerged as one of the stronger areas of the firm’s practice within the last few years with our office at Bangalore (“The Silicon Valley of India”) doing extensive work in this field.

We not only act for companies seeking to exploit their technology assets or develop their businesses using technology but also for joint ventures and start-ups involved in e-commerce ventures, B2B exchanges, emerging telecoms, wireless communications, etc.

 
 
 
 
 
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