When miners, car importers, cricket team owning media houses and tobacco producers marched to the referees, the advisors won. Here’s presenting firsts in CCI orders, the post-Bhatia International field, errant Deccan Chargers’ owners and more…
Litigation and competition
The Competition Commission of India (CCI), in a first, ordered a abuse of dominant position investigation against state run mining company Orissa Mining Corporation for artificially fixing and increasing the price of Chrome ore.
The order marks a CCI debut in ordering investigation for artificial price fixation. CCI orders on abuse of dominant position have so far been made on the issue of formation of cartel or imposition of unfair market terms. [Letter enclosing the order of 23 August]
Odisha Steel Federation: Mitter & Mitter Co partner and Advocate-on-record Amit Gupta
Orissa Mining Corporation: In-house
The Supreme Court dismissed the special leave petition of Precision which is the former importer and distributor of German luxury car Porsche in India. Precision had challenged the termination of its exclusive importer agreement by Porsche Middle East & Africa (PME) by bringing a Section 9 application under the Indian Arbitration & Conciliation Act 1996.
The district court in Jaipur, the High Court of Rajasthan and the Supreme Court heard the matter on merits and disposed of it in a span of five months. In line with the Supreme Court’s 6 September overturning of the Bhatia International doctrine the court held in its 21 August order that Precision’s application is not maintainable since Part I of the Act does not apply to international commercial arbitrations held outside India.
PME and Porsche AG Germany: Clasis LawDelhi partner Sumeet Lall who briefed senior advocates Ashok Desai and UU Lalit
Precision: KJ John & Co managing partner Pratap Venugopal who briefed senior advocates Harish Salve, Mukul Rohtagi and Shyam Diwan
Tata Capital’s non-banking financial company Tata Capital Financial Services won a Bombay high court order directing a court-supervised auction for Deccan Chargers – the Indian Premiere league cricket team owned by the Hyderabad-based media company Deccan Chronicle. Deccan Chronicle group owed Rs 101 crore to Tata Capital Financial Services.
In a September 4 order passed by the same judge as in today’s hearing, also on Tata’s recovery of dues petition, Deccan Chronicle group had been restrained from creating third party rights in the Mumbai-office premises for its newspaper Asian Age, TOI reported today.
Tata Capital: MDP & Partners managing partner Ashok Paranjpe
India’s largest natural produce exporter Sopariwala Exports won a trademark infringement suit filed against Indian flavored tobacco producer Kuber Khaini in the Bombay high court. Sopariwala had intituted a passing-off action against Kuber Khaini for unauthorised use of similar trade-dress.
Sopariwala Exports: Khaitan & Co Mumbai principal associate Adheesh Nargolkar
Kuber Khaini: Mumbai firm Gordhandas & Fozdar founding partner Hemang Engineer
Corporate/M&A and joint venture
Swedish global aerospace and defence equipment leader SAAB AB agreed to invest Rs 210 crore in Indian defence equipment major Pipavav Defence and Offshore Engineering Company
SAAB AB: Seth Dua & Associates Delhi senior partner Sunil Seth with partner Subodh Sadana, senior associate Sharad Tyagi and associate Mehak Oberoi
Pipavav Defence: K Law founding partner Naina Krishnamurthy and partner Praveen Raju
Indian laminations producer Pitti laminations’ subsidiary Pitti Castings bought the Secunderabad-based foundry division of private steel producer Vaksh Steel for Rs 83 crore
Pitti Castings: Lakshmikumaran & Sridharan Hyderabad joint partners Karan Talwar and Raghavan Ramabadran with principal associate Noorul Hassan and senior associate Jagannadh Grandhi
Vaksh Steel: In-house
Early-stage global investment firm New Enterprise Associates invested an undisclosed sum for a minority stake in wind power development company Trishe
New Enterprise Associates: Khaitan & Co Mumbai partner Amitabh Sharma and associate partner Nishant K Singh
Trishe: Vichar Partners Chennai partner Chitra Narayan
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