Neeti Niyaman has an impressive bench of talent to represent clients in high value, complex disputes with proven track records of success. The team works with clients across industries and sectors on a wide array of legal issues. We understand the importance of finding practical solutions and employ disciplined and systematic processes to address clients’ unique legal and business interests.
1. Alternate Dispute Resolution:
- Represented Petronet LNG in a dispute against the Cochin Port Trust (CPT) to secure confidential commercial and proprietary information of Petronet. The matter arose out of applications filed before CPT under the Right to Information Act, where the applicant was seeking confidential information on the designing and commercials of Petronet’s berth in CPT. The arbitration was concluded successfully with CPT agreeing to the terms of Petronet not to disclose its confidential business information. Neeti Niyaman guided the entire proceedings to ensure that the issue was resolved at the initial stages of the arbitration process to avoid a full-fledged arbitration proceedings.
- Representing Indian Oil Corporation Ltd. (IOCL) in an arbitration against Suzlon related to wind projects set up in the State of Rajasthan by Suzlon for IOCL. The matter involves a complex question of liability of project developers to secure returns in line with financial parameters underlying the evaluation of bids.
- Represented Dhariwal Infrastructure Ltd. in an arbitration against Singareni Collieries Co. Ltd. in relation to disputes arising under the Special Forward E-Auction Scheme for coal distribution. The matter involved detailed examination of the coal auction and coal transportation process and complex questions of computation of damages for unlifted coal in a dynamic coal pricing scenario.
- Representing Environ Energy Services Pvt. Ltd. (Environ) in proceedings related to enforcement of contracts against Telecom tower operators like ATC and Indus. Environ is providing energy optimization services for telecom towers that are generally reliant on diesel generation for providing power to the telecom equipment. These contracts involve complex issues of reciprocal obligations amongst parties at multiple levels. The proceedings involve identifying such obligations and identifying the responsibility of contracting parties and their breach.
- Represented Tata Power Delhi Distribution Limited in an arbitration proceeding relating to liabilities of Tata Power towards the cost of repairs, maintenance, inventory and disposal of old transformers, switchgears and other equipment of erstwhile Delhi Vidyut Board after the unbundling and privatization of the Board.
- Advising Society for Affordable Redressal of Disputes (SAROD) a body set up by NHAI and NHBF for providing an alternate dispute resolution forum on adopting best practices in line with the Indian and international arbitration procedure and for streamlining and digitization of the secretarial process.
- Representing Discovery before the Delhi High Court in multiple proceedings challenging TRAI regulations and orders introducing substantive changes in the interconnection agreements between broadcasters and distribution platforms. The matter involved extensive research on the economic rationale for pricing a-la carte and bouquets for channels.
- Representing Jaiprakash Power Ventures Ltd in a matter involving treatment of Additional Levy imposed by Supreme Court on mining of coal. The matter raises important issues of right of JPVL that has paid additional levy as part of coal price to recover this amount from its customer.
- Representing Nidar Utility (a Hiranandani Group company) for seeking extension of its electricity distribution license to a new area. The matter involves an important and interesting issue of whether a co-developer of an SEZ area who has been given a distribution license in such SEZ can seek to expand its distribution activity to other areas.
- Representing Punjab State Power Corp in multiple proceedings involving disputes related to coal pricing, procurement of imported coal and recovery of charges on account of inefficient coal washing.
- Represented Serum Institute before the Bombay High Court to challenge the levy of stamp duty on transfer of land for SEZ developed by the client.
- Represented Orange Maha Wind Energy Pvt. Ltd., Sembcorp and Berkeley Energy before Bombay High Court challenging the order passed by Maharashtra Electricity Regulatory Commission directing Maharashtra Energy Development Agency to re-classify wind zone of the wind plants who have consistently achieved higher generation.
- Representing Punjab State Power Co. Ltd. before Jharkhand High Court in proceedings related to penalty on account of excess mining of coal.
Neeti Niyaman is ideally placed to assist corporate clients in assessing and designing their compliance programmes to ensure they are appropriately robust to mitigate the risk of regulatory or investigative intervention. Our compliance team is well equipped to help companies identify risks, assist with due diligence processes and enquiries, and ensure controls are embedded. We help clients revise and design policies, procedures and internal controls to be in full compliance.
- Advised Orange Renewable in all its labour and factory laws related compliances applicable to its wind and solar assets spread across multiple states of India. This involved detailed opinions on applicability and compliance implications under Factories Act, Contract Labour Regulation Act, BOCW Act, EPF Act and other connected laws.
- Advising West Bengal Power Development Co Ltd in developing a comprehensive compliance checklist for various coal mines owned and controlled by West Bengal Power Development Corporation Limited in order to ensure compliance with various contractual as well as statutory requirements in terms of Coal Mines Regulations, 2017, MMDR Act, Mines Act & Rules and other applicable Acts, Regulations, circulars, etc.
- Advised H-Energy (a Hiranandani group company) on issues related to the environmental clearance of its floating storage and regasification unit at Kakinada.
- Advising Sterlite Power in relation to alternate use of OPGW (Dark Optical Fibre) used in electricity transmission lines for the purpose of telecommunication business and license/lease of such asset to a third party.
- Advised West Bengal Power Development Co. Ltd. on various issues arising out of operations and for ensuring compliance by the MDO under Coal Mining Agreement.
Neeti Niyaman delivers practical, proactive, commercially-focused advice and counsels clients on a range of complex transactions in the realm of economic regulation. Our advisory team works in tandem with clients and assists them in tackling complex issues and capitalize on opportunities that help them grow, optimize and protect their businesses. The team delivers strategies specific for clients.
1. Corporate and Commercial Advisory:
- Advising an integrated power utility in restructuring its power and other business verticals including demerger of its generation and distribution verticals and preparation of necessary transaction
- Advising a large textile conglomerate in Maharashtra on restructuring of the group for re- aligning its power and other business assets.
- Advising H Energy, a Hiranandani group company on structuring and documentation for formation of SPVs for their captive generation business model. This included segregation of some of the solar assets.
- Advising Hero Future Energies Private Limited on structuring and documentation for formation of SPVs for their captive generation business model.
- Advised Hungama Digital Media Entertainment Private Limited in its amalgamation with other subsidiary companies before the High Court of Bombay.
- Advised and represented Stream Global Services Inc. in a Company Petition filed by it before the Company Law Board alleging operation & mismanagement.
- Advising Indihire Consultants on issue of shares to employees towards incentive. The assignment involved advising the client on the instrument to be issued and drafting all documents in relation to the same.
2. Projects & Regulatory Advisory:
- Advising clients and holding training programs on project execution planning and contractual risks related to project execution, coordination between execution, business and legal teams on project planning, development of correspondence related to project execution and project related claims.
- Preparing detailed report on setting up of renewable energy projects in India for Ampyr Energy including regulatory and other legal framework and compliances including open access, captive structuring, banking and commercial issues.
- Advising and assisting a global energy major in foraying into retail power trading business in India, that involved securing a power trading license and membership with power exchange.
- Advised a global leader in renewable energy backed by a sovereign government in developing new products for Indian RE market.
- Advised West Bengal Power Development Co. Ltd. in developing and executing the Coal Mining Agreement with Mine Developer-cum-Operator selected through competitive bidding route for operating its captive coal mines.
- Advised West Bengal Power Development Co. Ltd. in handling the investigation by Central Bureau of Investigation on suspected illegal allocation of coal mines. This involved advising WBPDCL on the applicable legal framework on coal allocation, mining, price fixation and also preparing the documentation for responding to CBI inquiry.
- Advising Punjab State Power Co. Ltd. on matters related to coal washing and recovery of cost towards improper disclosure of yield loss under coal washing process. This assignment required detailed understanding of coal washing process and the correlation of yield loss with the heat value of coal.
- Advised CESC Ltd. in responding to queries raised by West Bengal Electricity Regulatory Commission on various aspects of operation and supply of coal from its captive coal mine e.g. necessity of coal beneficiation, prudence of captive washery, filings made with Coal Controller etc.
- Advised CESC Ltd. on utilization of coal extracted from captive coal mine in non-Specified End Use Plant and possibility of merchant sale of power under the Coal Mine Development and Production Agreement signed with Government.
- Advising Jaiprakash Power Ventures Ltd. on capitalization of Additional Premium paid by the company to acquire captive coal mine in auction held under Coal Mines (Special Provisions) Act of 2015 for the purpose of inclusion in the fixed cost of project.
Neeti Niyaman advises clients on complex policy matters across industries, to provide practical and commercially sound inputs in line with sectoral and business requirements.
- Advised H-Energy (a Hiranandani Group company) on proposed amendment to the PMP Act and PMP Rules to facilitate smooth and seamless procedure w.r.t. acquisition of right of way rights in relation to laying of natural gas pipelines in a time bound manner in coordination with state government authorities.
- Advised and assisted TERI University in preparing a report on addressing land issues for utility scale Renewable Energy deployment in India. The report assessed land-related policies, regulations and field practices for utility-scale wind and solar projects in different states.
- Advised West Bengal Power Development Co. Ltd. on various aspects of amendment in the Electricity Act and Coal Mines Special Provisions Act.
- Advising Punjab Government in vetting of agreements to be executed between department of civil supplies and vendors for automation and digitization of the public distribution system and the ancilliary systems in the State of Punjab.
- Advising and Representing SB Energy before Rajasthan Electricity Regulatory Commission on amendment to RE related regulations in relation to banking, open access, metering, captive capacity and such other factors.
- Advising Nidar Utilities on issues of implementation arising out of SEZ policy and Integrated Township Policy in Maharashtra, preparing representations to relevant government departments in relation to issues arising out of implementation of such projects and grant of license for infrastructure facilities.