KANIKA TANDON

Associate Partner, Dispute Resolution

DESAI & DIWANJI

03.2020 - Current

Represented a prominent Indian construction conglomerate in intricate arbitration proceedings emanating from Engineering, Procurement, and Construction (EPC) agreements, wherein a judiciously crafted, multi-pronged strategy was employed to safeguard the client's interests. Initially, we successfully invoked the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, to secure the claim amount by obtaining an interim measure in the form of a first charge on the counterparty's assets, thereby ensuring the preservation of the client's rights prior to the commencement of arbitration proceedings. Subsequently, instituted arbitration proceedings, presenting a robust case on behalf of client, which culminated in a favorable arbitral award, wherein all counterclaims asserted by the counterparty were repudiated. The arbitral award was a testament to our team's meticulous preparation, strategic advocacy, and in-depth understanding of the underlying contractual matrix. To ensure the efficacious enforcement and recovery of the awarded amount, our team filed simultaneous contempt petitions and execution petitions, while also implementing a range of safeguard measures to forestall any potential attempts by the counterparty to evade or obstruct the execution of the award. Through our diligent efforts, the client ultimately received the awarded amount, thereby vindicating its rights and interests.
Represented a multinational corporation operating in the wellness products sector in a recovery suit. The engagement involved a detailed examination of the company’s business model and internal policies to safeguard its interests against the claims asserted in the proceedings, while also advising the company to institute appropriate proceedings to safeguard its trademark and protect itself from any future attempts of passing off.
Represented a leading Indian hospitality business in multiple arbitration proceedings against vendors. The disputes primarily concerned recovery of dues from vendors who had raised counterclaims against the client. Successfully argued the client’s case, leading to the dismissal of counterclaims through meticulous cross-examination and reliance on relevant evidence and case law. Thereinafter successfully defended the arbitral award against its challenge before the High Court.
Successfully represented the Indian subsidiary of a foreign social impact company in multiple disputes across India involving state governments. These cases pertained to the recovery of unpaid remittances owed to the client and were managed from the issuance of notices to the final resolution of the disputes.
Acted on behalf of a global leader in real estate and e-commerce in relation to its investments in real estate, which were subsequently utilized in the operation of supermarkets. The matter involved a dispute concerning specific performance of a contract initiated by the former landowner against our Client in relation to its investments in real estate. The case required a strategic approach to establish the client as a bona fide purchaser while ensuring that the dispute did not trigger any regulatory restrictions and simultaneously did not hamper the ongoing operation(s) running on such land.
Represented one of the largest financial services companies in the formulation of its employee termination policy and conducted a forensic audit to ensure compliance with regulatory norms. This engagement involved the analysis and assimilation of financial data, bids, and market reports to identify discrepancies and deficiencies in the company’s financial records, as well as to determine the accountability of delinquent employees. The process included issuing inquiries and, where necessary, termination notices to employees. Certain terminations led to litigation, in which successful representation was provided and the same is ongoing.
Handled comprehensive legal due diligence and transactional advisory for marquee real estate acquisitions, and development agreements on behalf of a leading infrastructure conglomerate and a global logistics real estate investor. The assignments included end-to-end legal support—starting from title scrutiny across multiple Indian jurisdictions, risk identification and mitigation, compliance strategies, review of construction-linked obligations, environmental clearances, and finalizing sale deeds.
Advised prominent stakeholders in commercial and industrial real estate, including international asset managers and major Indian developers, in structuring complex land aggregation and divestment transactions.
Involved in high-value lease structuring for airport-related infrastructure development, including coordination with statutory authorities and resolution of overlapping land rights, while simultaneously mitigating regulatory and contractual risks to achieve transaction closure within stringent timelines.
Acted on behalf of a foreign investor and its Indian subsidiary in a defamation suit filed by a former employee. In addition to defending the client in the defamation proceedings, a passing-off suit was initiated against the former employee, who had misappropriated company data and intellectual property of the company and had developed a competing application, thereby diverting business. The matter involved complex analysis of financial data, customer acquisition records, account statements, and proprietary company information to secure an injunction in favour of the client.

Senior Associate

SINGHANIA & PARTNERS LLP

08.2016 - 02.2020

Advised one of India’s largest construction companies in relation to a major ongoing project involving HRD jacket procurements and fabrication, which was the subject of maritime arbitration.
Empanelled as an advocate on the roster of NHAI and MORTH; drafted, appeared, and argued various arbitration proceedings on behalf of the National Highways Authority of India (NHAI), and successfully maintained challenges to arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, before the High Courts, representing the Ministry of Road, Transportation and Highways (MORTH).
Advised on price adjustment in EPC contracts and ancillary agreements for three national highway projects in the State of Uttar Pradesh. As a panel lawyer for NHAI, assistance was provided in drafting policy circulars in consonance with the Ministry of Road and Home Ministry for capacity augmentation in existing BOT contracts. Advice was provided on the legal nuances of green-field alignment in construction contracts.
Drafting of varied contract agreements with respect to concession fees and escrow, including advisory on the construction of analogous clauses in a design, engineering, finance, construction, operation, and maintenance of a 6-lane elevated highway on the Delhi-Agra section of NH-2 on a BOT basis.

Associate

CHAMBERS OF MR. PARAG P. TRIPATHI

10.2013 - 07.2016

The interests of the largest currency minting organisation in India were efficaciously defended in matters relating to purchase orders with the Reserve Bank of India (RBI) and a London-based printing company in a suit qua blacklisting and recovery.
The interests of a noted joint venture company were efficaciously defended before the High Court and Supreme Court of India in hotly contested cases involving the Delhi Airport Metro Line debacle.
Assisted the senior counsel in relation to preparation of various commercial matters and constitutional matters relating to the Airport Authority Act, National Highways Act, 1956, before the Supreme Court of India and other ancillary matters relating to the environment before the National Green Tribunal.

Summary

Overview

Work History

Associate Partner, Dispute Resolution

Senior Associate

Associate

Education

B.A. LL.B. (Hons.) -

Diploma in Cyber Law - undefined

Skills

Public Engagements

Personal Information

Key Attributes And Impact

Timeline

Associate Partner, Dispute Resolution

Senior Associate

Associate

Diploma in Cyber Law - undefined

B.A. LL.B. (Hons.) -

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