PRIYANK KAPADIA

Email : priyank.kapadia@resolutpartners.com

Phone : +91 9619991429

overview

Priyank is an of-counsel at the firm and helps manage the dispute and pre-dispute advisory practice at the firm. He practices predominantly in the Bombay High Court, National Company Law Tribunal, Mumbai, Civil Courts, SAT / SEBI in Mumbai. He has appeared in matters relating to Arbitration, Commercial Disputes, Company Law Litigation, Insolvency Matters, IP litigation, Writ Petitions and other related matters on the Original and Appellate side of the Bombay High Court.

Representative Matters

  • Part of the team advising SEBI with respect to an ongoing writ petition relating to enforcement of whistleblower policies
  • Appearing in execution proceedings filed against Inox Wind Ltd. for enforcement of a INR 200 mn award
  • Appeared on behalf of the Official Liquidator, Bombay and Official Liquidator, Karnataka in various proceedings relating to winding up of companies under the erstwhile Companies Act, 1956
  • Appearing for the Award Debtor in ongoing proceedings involving a challenge to the Award passed in an international commercial arbitration relating to investor claims and indemnity claims arising out of Shareholders and Share Purchase Agreements
  • Appearing in an international commercial arbitration on behalf of some of the members of the Promoter Group in arbitration relating to loss of shareholder alleged by investors
  • Part of the team advising the promoters affected by an anti-suit injunction granted by courts in Singapore restraining prosecution of oppression and mismanagement litigation in India against institutional investors
  • Appeared for a leading EPC sub-contractor in pre-arbitration proceedings filed by a contractor with respect to EPC contracts in Rajasthan
  • Part of the team advising a leading investment bank opposing a scheme of demerger involving an Infrastructure group which would affect the Infrastructure Group’s obligations under a Shareholders Agreement
  • Appeared for the personal guarantors in a Summary Suit filed by a private equity fund before the High Court, Bombay
  • Appeared for the borrower in proceedings filed by a Debenture Trustee with respect to disputes concerning issuance of redeemable, unlisted, unrated, secured NCDs
  • Appeared on behalf of a leading multinational FMCG company in a dispute arising out of a leave and license agreement for residence of its KMPs in Mumbai
  • Appeared for AMS LLC who had successfully purchased a luxury aircraft from Kingfisher’s fleet in liquidation in a dispute with the Directorate General of Civil Aviation
  • Appeared in voluntary winding up proceedings before the NCLT
  • Appearing in a matter challenging a collusive and fraudulent Award passed by DHFL’s nominee arbitrator
  • Appearance in various oppression and mismanagement disputes before the NCLT
  • Appeared for the claimant in arbitration proceedings filed against GoAir with respect to cargo freight and logistics operations
  • Appeared on behalf of the Louis Dreyfus Group in arbitration proceedings before the Cotton Association of India
  • Appeared in a dispute between commercial unit purchasers and the Hubtown Group with respect to a commercial building in Andheri (East)
  • Appeared for Tech Mahindra and Star India at various stages before the NCLT for approval of schemes of arrangement involving merger, demergers and reorganization of share capital
  • Appeared in a suit and appeal on behalf of Netflix in a copyright infringement suit filed before the High Court, Bombay
  • Appeared for the defendant in copyright infringement claims filed by Zee Entertainment with respect to their repertoire of films which were made available on YouTube
  • Appeared on behalf of Cloudtail India Pvt. Ltd. in a design infringement dispute filed by the Cello group against Cloudtail and Amazon
  • Appeared on behalf of Havells India in a design infringement dispute filed by the Phillips Group
  • Appearing on behalf of CTR Manufacturing Industries Pvt. Ltd. in a patent infringement dispute
  • Part of the team advising Indian Performing Rights Society in a copyright infringement suit filed by Yash Raj Films Pvt. Ltd.
  • Appearing against the Bharat Diamond Bourse in proceedings filed before the High Court, Bombay with respect to disputes pertaining to access to the BKC infrastructure of BDB
  • Appeared on behalf of YouTube in various copyright disputes filed by the owners of copyright against infringers who make the infringing material available on YouTube
  • Appeared on behalf of Operational Creditor, Financial Creditor, Corporate Debtor, and various other stakeholders during the Corporate Insolvency Resolution Process and in Liquidation Proceedings

EDUCATIOn

B.A. LL.B. (Hons.), NALSAR University of Law

Experience as Arbitrator

Appointed as the Sole Arbitrator by the Bombay High Court in the following Arbitration Applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 out of which 2 are presently ongoing:


I. Arbitration Application No. 105 of 2017
ii. Arbitration Application No. 45 of 2018
iii. Arbitration Application No. 126 of 2018
iv. Arbitration Application (L) No. 13977 of 2021

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