Top deals, all in oneTop deals, all in oneWhen 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

Private equity

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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Recommend! +0 Objection! -0 HHH 2012-09-12 17:06
Hi,

Is it possible to post a link to the supreme court order please?

Thanks,

HHH
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Recommend! +0 Objection! -0 law student 2012-09-12 17:12
how can i get this order of the competition commission of india?
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Recommend! +0 Objection! -0 XYZ 2012-09-12 17:48
The order was put up on the CCI's website in June I think. Its available at cci.gov.in/May2011/OrderOfCommission/CaseNo13of2012MainOrder.pdf
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Recommend! +0 Objection! -0 Prachishrivastava 2012-09-12 18:09
Actually, in the June order you've linked to, the CCI has closed the case holding that no case was made out against Orissa Mining Corp on the face of it.

The correct order is from 23 August. We've now linked to it in the story.

Best wishes,
Prachi
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Recommend! +0 Objection! -0 Prachishrivastava 2012-09-12 18:09
Dear law student,

We've now linked to the CCI order in the story.

Best wishes,
Prachi
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Recommend! +0 Objection! -0 Inside Outside 2012-09-12 17:29
"Early-stage global investment firm New Enterprise Associates invested an undisclosed sum for a minority stake in wind power development company Trishe"

This deal must have been extremely complex, otherwise it's difficult to comprehend the need for a partner and an associate partner on the deal. Unless an associate partner at KCo is nothing more than a glorified senior associate. Is that the case?
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Recommend! +0 Objection! -0 Eyewitness 2012-09-12 23:47
Tata Capital briefed Sr. Counsel Janak Dwarkadas. The papers in the matter were produced before Kathawalla J. at 3 p.m. and the matter was taken up out of turn. Case Number ARBITRATION PETITION (LOD GING) NO.1156 OF 2012
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Recommend! +0 Objection! -0 GK 2012-09-13 15:58
Have worked extensively with Subodh. Excellent person to work with. Wish you many more deals.
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