ENERGY INFRASTRUCTURE & RESOURCES  (TRANSACTIONS, ADVISORY & LITIGATION)

Our team is well known for its finesse in transactions, financing, policy work and disputes. Known for its power sector work, the Firm is also doing cutting-edge work in the Renewable Energy. We assist the clients throughout issues involving Public Policy, Market Economics, Technology, Finance, and Project management. Our Team has contributed to several landmark precedents in the field. In such assignments, we represent a cross section of stakeholders, including finance funding agencies, regulatory/ statutory authorities, corporate houses, public sector undertakings, and industry bodies. Our Team regularly conducts and leads complex dispute proceedings. We have a deep understanding of the challenges involved in conceiving a project, constructing it and taking it to commercial operation. Our Team has deep experience in advising clients on various aspects of developing infrastructure projects and manufacturing facilities, in particular on equipment procurement, construction and services arrangements. Our Team has extensively worked on matters pertaining to Change in Law Compensation, Disputes arising out of occurrence of Force Majeure events, Renewable Purchase Obligations for Captive Power Plants, Relinquishment of LTA, Issues relating to Non-Payment by DISCOMs, Regulation of Power Supply by Transmission Licensee, Issues relating to POC and Non-POC Charges, Determination of Generation Tariff, Deviation Settlement Mechanism etc. Mr. Nishant has unparalleled expertise in matters relating to determination of tariff, both under cost plus regime and under competitive bidding route, and has represented some of the leading power generating and transmission companies before the Electricity Regulatory Commissions, the Appellate Tribunal for Electricity and the Hon’ble Supreme Court. Our Team endeavors to render tailor made services with an objective of regulatory solution to clients. We have done a lot of work with regard to re-opening of Power Purchase Agreements, executed under either Section 62 or Section 63 of the Electricity Act, 2003, for re-working of the tariff component. Mr. Nishant and his team has played a major role in the development of the law relating to re-opening of concluded PPAs. Our Team has been at the forefront of India’s RE regulatory practice. Mr. Nishant has represented a diverse spectrum of RE power generators including wind, solar, hydro and biomass based generating stations. We have advised major private players with respect to power management and RPO compliance. We have advised small hydro power developers in the States of Himachal Pradesh and Uttarakhand on various regulatory issues, including tariff revision in Power Purchase Agreements on account of change in law or force majeure conditions, calculation of transmission charges for alleged dedicated networks, grant of open access etc. Further, the team has an unparalleled reputation in dealing with matters involving complex issues like Change in law and Relinquishment of LTA. Mr. Nishant had the opportunity of representing maximum private Generating Companies before the Hon’ble CERC in 92/MP/2015 dealing with relinquishment of LTA capacities. We have advised and handled various private generators of electricity over disputes relating to their Change in Law claims qua Power Purchase Agreements executed with distribution licensees. Mr. Nishant successfully represented one of the electricity generating company over a dispute wherein post bidding process, issuance of LOI and execution of PPAs, the State Regulatory Commission reduced the RFP quantum thereby proportionately reducing the quantum of power to be supplied to distribution licensees. In the said dispute, the Hon’ble Supreme Court finally granted relief and held that RFP and PPA quantums cannot be reduced post bidding process. Our Team has also represented various generators and trading licensees in disputes related to open access, connectivity and relinquishment of open access. Further, Mr. Nishant continuously appears before various arbitral tribunals in disputes pertaining to various corporate giants. Mr. Nishant has advised and appeared before various arbitral tribunals in disputes relating to infrastructure and commercial disputes with questions involving complex questions of contractual interpretation, the disputes being worth several thousand crores. Further, Mr. Nishant’s team dealt with one of the biggest arbitrations pertaining to Waste to Energy, on delay in approval by the Delhi Municipal Corporation for commissioning of the said WTE plant. Further, Mr. Nishant and his team had the opportunity to represent various electricity generating companies before the Hon’ble Supreme Court in matters pertaining to mandatory initiation of Insolvency Proceedings against companies having a debt of more than 2000 crores from a Banking institution. Mr. Nishant and his team received unparalleled victory in the matter and the Hon’ble Supreme Court of India quashed the RBI circular dated 12.02.2018 as unconstitutional. Mr. Nishant also advised and represented various renewable energy generators before the Hon’ble High Court of Andhra Pradesh in the matter pertaining to re-negotiation of tariff under the concluded PPAs.