PEOPLE

Samiron Borkataky

Partner

LOCATION
New Delhi

Profile

Samiron has an extensive experience of over a decade in advising and representing clients from varied sectors, and primarily focuses on renewables, insolvency, real estate, construction and education.

Samiron regularly advises large corporates on critical commercial and regulatory issues and provides pre-dispute advice and workable solutions for mitigating risks. Amongst others, he frequently advises independent power producers, original equipment manufacturers on key issues concerning the electricity sector, and real estate funds and developers on risk assessment in the Indian real estate sector.

He also has extensive experience in handling a wide range of disputes and has represented clients in domestic and international commercial arbitrations, suits, writs, appeals and in various regulatory matters.

He is also admitted as an Advocate-on-Record (AOR) of the Supreme Court of India.

Expertise

Publications

Education

  • LL.M – International Commercial Law, University of Aberdeen
  • LL.B – University of Delhi
  • BA (Political Science) – University of Delhi

Memberships

  • Supreme Court Advocates On Record Association
  • Bar Council of Delhi
  • Delhi High Court Bar Association

Select Experience Statement

  • Represented a prominent airline company in the Supreme Court in a batch of writ petitions filed by individual passengers, passenger associations, travel agent associations, seeking refund of airfare as opposed to credit shells offered by airlines against cancellation of air tickets during Covid-19 related lockdown imposed by the Ministry of Aviation, Government of India.
  • Represented a renowned listed company in the area of logistics before the Supreme Court in setting aside order of the the High Court which restrained the company from including agenda item for removal of managing director in notice of board meeting.
  • Represented Abu Dhabi based successful resolution applicant in the Supreme Court in an appeal filed by a city municipal corporation seeking rejection of resolution plan on the grounds that corporate debtor’s assets were located on land belonging to the corporation.
  • Represented Indian subsidiary of a Singapore based wind power producer in the Supreme Court in defending order passed by Appellate Tribunal for Electricity which quashed the order of state electricity commission and directed state distribution company to provide banking of surplus wind energy.
  • Represented chairman of a leading business house in the Supreme Court in an appeal against order of the High Court which quashed summons for criminal defamation, issued to the Chairman Emeritus and other directors of one of India’s largest business group.
  • Represented a public limited company before the Delhi High Court in seeking declaration of validity and legality of agreement which deferred debts owed by plaintiff company; and further seeking restraint of arbitration proceedings (anti-suit injunction), on grounds of allegations of fraud by defendant/ claimant in arbitration proceedings.
  • Represented a credit card processing company before the Punjab and Haryana High Court in setting aside order passed by Micro and Small Enterprises Facilitation Council referring company to arbitration on grounds of non-payment of success fee to an investment banker for services provided under capital raising advisory agreement.
  • Represented Wind Turbine Manufacturer in an ICC arbitration against former joint venture partner in a dispute involving cross claims for alleged breach of post exit agreements.
  • Represented a leading Indian construction company in a dispute with client under general civil works and piling works contract, for recovery of monies and damages.
  • Represented client in international mediation proceedings at London under JAMS Mediation Rules for arriving at Global Settlement amongst parties litigating in multiple jurisdictions.

Industry Presence

  • Speaker at Webinar on Supreme Court – Practice & Procedure hosted by an online legal journal.
  • Judge at 15th K.K. Luthra Memorial Moot Court Competition, 2019.
  • Judge at 6th Jamia National Moot Court Competition, 2016.

Contact Details

  • 11th Floor, Tower A, DLF Towers Jasola, Jasola District Center,
    New Delhi 110025 (India)
  • +91 11 4111 5222, 4312 9300
  • +91 11 4056 3813
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