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Amendments to PMLA 2002

November 4, 2019

INTRODUCTION

Through the Finance Act 2019, which became effective from August 1, 2019, few very important amendments under the Prevention of Money Laundering Act, 2002 (“Act”) were made. Interestingly, most of them were through addition of an ‘explanation’ or a ‘proviso’ to the sections. Given the number of matters pertaining to misappropriation of funds and frauds that have surfaced in India in recent times including Vijay Mallya’s default to the tune of INR 9,000 crores; the  IL&FS crisis;  PNB scam that surfaced thanks to Nirav Modi, it seems that the rationale behind all these amendments was to remove the ambiguity that previously existed in the Act, and to create a stricter law to prevent any financial crimes in future.

KEY AMENDMENTS

  • Scope of the offence of money laundering widened

In section 3 of the Act which defines and covers what constitutes the offence of money laundering, an ‘explanation’ has been inserted. According to the explanation, a person will be guilty of offence of money laundering if such person is found to have directly or indirectly attempted to indulged or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime such as:

  • concealment;
  • possession;
  • acquisition;
  • use;
  • projecting as untainted property; or
  • claiming as untainted property

Further, it has been clarified that the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment, possession, acquisition, use, or projecting/claiming it as untainted property in any manner whatsoever.

The abovementioned amendment can be credited to the Financial Action Task Force’s (FATF) observation in 2010, on the earlier Section 3 – that the said section did not cover concealment, possession, acquisition and use of proceeds of crime as a criminal offence.

  • Continuing offence

The ‘explanation’ under Section 3, as discussed above, clearly makes the offence of money laundering a continuing offence. It states that the process or activity which is connected to the proceeds of crime is a continuing offence. Simply put, any process or activity connected with ‘proceeds of crime’ will be a continuing offence till such time the person enjoys the ‘proceeds of crime’.

In Gokak Patel Volkart Ltd. vs. Dundayya Gurushiddaiah Hiremath, the Supreme Court defined the meaning of ‘continuing offence’ and observed that “the concept of continuing offence does not wipe out the original guilt, but it keeps the contravention alive day by day. The expression ‘continuing offence’ has not been defined in the Code. The question whether a particular offence is a ‘continuing offence’ or not must, therefore, necessarily depend upon the language of the statute which creates that offence, the nature of the offence, and the purpose intended to be achieved by constituting the particular act as an offence”.

Thus, a bare reading of Section 3 now makes it abundantly clear that it would be incorrect to say that money laundering is a one-time offence that ceases with concealment, possession, acquisition, and/or use of ‘proceeds of crime’. Now under the Act, a person will be guilty of money laundering till the time the said person enjoys the ‘proceeds of crime’.

  • Clarification on meaning of ‘Proceeds of Crime’

Section 2(1)(u) of the Act defined ‘proceeds of crime’ as any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country – then the property equivalent in value held within the country.

Now, an ‘explanation’ has been inserted vide the Finance Act, 2019, wherein clarity has been provided that, ‘proceeds of crime’ includes property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity related to the scheduled offence.

A related case namely, Rohit Tandon vs. Enforcement Directorate was heard in the Supreme Court wherein it was held that “…indeed the expression ‘criminal activity’ has not been defined. By its very nature the alleged activities of the accused referred to in predicate offence are criminal activities…However, the stated activity allegedly indulged into by the Accused named in the commission of predicate offence is replete with mens rea.

In that concealment, possession, acquisition or use of property by projecting or claiming it as untainted property and converting the same by bank drafts, would certainly come within the sweep of criminal activity related to a scheduled offence. That would come within the meaning of Section 3 and punishable under Section 4 of the Act, being a case of money-laundering.”

In light of the aforesaid, it is clear that the ambit of what constitutes ‘proceeds of crime’ has been widened, by including any proceed arising out of a criminal activity related to the scheduled offences. The authorities under the Act shall now have power to prosecute anybody if they have enough evidence against such person to prove that the properties are derived out of a criminal activity.

  • No requirement of FIR/Charge Sheet for Search and Seizure and Search of Persons

One of the most crucial amendments brought in by the Finance Act 2019 to the Act is the omission of the ‘provisos’ to section 17(i) (Search and Seizure) and 18(i) (Search of persons). Before the amendment, sub-section (i) of both sections 17 & 18 contained a ‘proviso’ which made a first information report (FIR) or a charge-sheet, or any other similar report, a pre-requisite to authorizing a probe under the said sections by other agencies. With the deletion of this ‘proviso’, any agency may conduct search and seizure operation or search of person operation without the prior requirement of an FIR, charge-sheet, etc. It seems that the said amendment was brought in to give authorities the power to quickly take actions against the culprits, however, the same power may also be abused by the authorities.

  • Amendment to Section 45

Section 45 of the Act – which provides that no person can be granted bail for any offence under the Act unless (i) a government appointed public prosecutor gets a chance to oppose the bail; and (ii) the court is convinced that the accused is not guilty of the crime and is not likely to commit any offence when out on bail – has been amended by adding an ‘explanation’ that reads “offences to be cognizable and non-bailable shall mean and shall be deemed to have always meant that all offences under this Act shall be cognizable offences and non-bailable offences, notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, and accordingly the officers authorised under this Act are empowered to arrest an accused without warrant, subject to fulfilment of conditions under Section 19 and subject to the conditions enshrined under this Section.”

It seems that the said amendment has been brought to give the authorities the power to directly arrest criminals, without waiting for the cumbersome process of waiting to obtain an FIR/ charge-sheet.

  • Other amendments
  • With the idea of making the Act more effective in terms of detecting and preventing money laundering, certain new reporting obligations have been introduced by way of amendment to the Act. A new Section 12AA has been inserted in the Act, which necessitates authentication of a client who proposes to undertake certain transactions. This amendment will increase the degree of due diligence conducted by the regulators, requiring reporting entities to take more steps to record the purpose behind conducting the specified transaction. To give effect to the same, AADHAAR based verification has been made applicable through the Act.
  • A ‘proviso’ in section 44 has been inserted, which provides for closure of investigations, wherein no offence of money laundering is found. In such circumstances, the authorities are required to submit a closure report before the special court through the procedure as prescribed under the Act.

CONCLUSION

These major amendments to the Act that have been brought in by the Finance Act, 2019 widens the scope of powers that the authorities earlier had to prosecute offenders. The rationale of the amendments seems to create a more active than passive role of the authorities. Powers to monitor, flag, investigate, and prevent future financial crimes can be considered steps toward the right direction, contrary to how earlier the authorities only acted upon commission of a crime. It is also possible that, given the numerous financial crimes discovered in recent times in India, the government thinks it’s appropriate to grant these powers to the authorities under the Act. These amendments are also in line with the Fugitive Economic Offenders Act, 2018 (“FEOA”), wherein a special court can declare a person as a ‘fugitive economic offender’ and take quick action against such person. The declaration of Vijay Mallya as a ‘fugitive economic offender’ by the special court formed under the Act read with the PEOA is a good example of how the government is trying to strengthen all the relevant laws by making them work together in tandem.

Additionally, it is pertinent to note even though certain scheduled offences under the Act such as attachment of ‘proceeds of crime’ acquired prior to the Act and predicate offence committed prior to them being declared a scheduled offence have already been challenged in courts, and there is a possibility that the authorities might practically implement the Act with retrospective effect, since they have support of few reported decisions of retrospective application of the Act that have been upheld by courts.

      MANU/SC/0535/1991

      MANU/SC/1403/2017

Disclaimer: This article is meant for information purpose only and does not purport to be advice or opinion, legal or otherwise, whatsoever. Pioneer Legal does not intend to advertise its service through this article.

Authors

  • Ayush Sinha
  • Sanket Jain

    Mergers and Acquisitions: advised on strategizing and structuring acquisition of entities and slump sale transactions including various legal aspects of transactions in the education, media and entertainment, healthcare, etc. provided guidance on regulatory approvals, disclosures and corporate governance issues, etc. and due diligence of companies operating in various sectors. This includes a wide variety of earn-out and deferred consideration transactions. Private Equity and Venture Capital: advised major investors, offshore and domestic private equity houses, start-ups and venture capitals on the entire cycle of making investments in diverse industries such as brokerage, hospitality, etc. till their exit including due diligences, structuring, regulatory advice and post-transaction support. General Corporate and Commercial Contracts: advised on formation and maintenance of entities and procedural requirement and documentation for private placement, rights issue, sweat equity and ESOP allotment. Advised on issues related to exchange control regulations, SEBI regulations, Companies act, etc.

PURBASHA PANDA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
E-mail: :  [email protected]

Education

  • BA LLB. (Hons.) at National Law
    University-Ranchi

Professional Memberships

  •  The Bar Council of New Delhi

Highlights

  • Graduated from National Law University-Ranchi, in 2020.
  • Started her professional career in December 2020 with ZEUS Law Associates, New Delhi with the Insolvency and Restructuring team of the
    firm.
  • Joined Pioneer Legal in June 2023.

About

  • Purbasha is an Associate with the General Corporate practice group of the firm. At Pioneer Legal, she advises clients on earn out structures, undertakes legal due diligence for entities at multiple jurisdictions. She also advises clients on employment benefits and forensic investigations.
  • Purbasha is an Associate with the General Corporate practice group of the firm. At Pioneer Legal, she advises clients on earn out structures, undertakes legal due diligence for entities at multiple jurisdictions. She also advises clients on employment benefits and forensic investigations.

YASH BHALE

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
E-mail: : [email protected]

Education

  • LL.B., I.L.S Law College, Pune
  • Chartered Wealth Manager (CWM®)
  • M.com., Pune University

Highlights

  • Graduated from I.L.S Law College, Pune in
    2021,
  • Started his professional career in a leading listed IT company – Persistent Systems Limited,
  • Joined Pioneer Legal in September 2023

About

  • Yash is an associate in the M&A team and
    brings extensive expertise in playing a key role in assisting the various end-to-end transactions which include carrying out the legal due diligence exercises, drafting various transactional documents, assessing legal risks, and dispensing strategic advice to clients hailing from diverse sectors such as aviation, cybersecurity, information technology, logistics, healthcare, media, etc.
    ▪ Additionally, Yash has reviewed, drafted and negotiated diverse commercial agreements, overseeing the complete lifecycle of commercial contracts to facilitate the smooth functioning of client businesses.

SHREYA MASALIA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
E-mail: [email protected] 

Education

  • B., Government Law College, University of Mumbai
  • Company Secretary, ICSI
  • Bachelor of Management Studies, HR College of Commerce and Economics, Mumbai

Memberships

  • Associate Member of ICSI

Highlights

  • Graduated from Government Law College, Mumbai in 2023
  • In July, 2022, she joined Pioneer Legal as a Paralegal wherein she assisted the corporate and commercial team.
  • She went on to become an associate with Pioneer Legal in July 2023 post her graduation.

About

  • Shreya is an associate in the General Corporate practice at Pioneer Legal. She has experience in providing advise on different aspects of corporate and commercial laws; compliance and secretarial; conducting due diligence to highlight key legal and commercial issues; and drafting and negotiating transaction documents.

SAI SMRITHI BALASUBRAMANIAN

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
E-mail: [email protected]

Education

  • B.B.A. LL.B., (Hons.), Symbiosis Law
    School, Pune

Highlights

  • Graduated from Symbiosis Law School,
    Pune in 2023
  • Started her professional career in June 2023
    with Pioneer Legal, Mumbai

About

  • Smrithi is an Associate with the General
    Corporate practice at Pioneer Legal. She is
    experienced in insolvency and bankruptcy
    law, real estate transactions, commercial
    litigation, and other allied corporate laws.

  • Prior to joining Pioneer Legal, Smrithi
    interned with law firms like IndusLaw,
    Keystone Partners and Samvad Partners
    and undertook assignments in both
    contentious and transactional spheres of
    law. She has regularly researched for and
    drafted commercial agreements, advocacy
    material for courts and tribunals, and other
    legal documents for high-value cases.

Jinal Shah

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation,
Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LLM in Intellectual Property from Boston School of Law
    in 2020
  • Graduated from Rizvi Law College, Mumbai (affiliated to University of Mumbai) in 2017.

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • LLM in Intellectual Property from Boston School of Law
    in 2020
  • Started her career in June 2017, with DSK Legal.
  • Joined Veritas Legal in September 2018.
  • In June 2021, she joined the General Corporate team at Khimani & Associates.
  • Joined Pioneer Legal in December 2022.  

About

  • At Khimani & Associates, she worked as an associate in the Corporate & Commercial and Media and Entertainment practices of the firm, where her role included advising and assisting various entities in the field of corporate and commercial laws. She also advised and represented various acting talent in their brand endorsement cum investment deals.

  • In her stint at Veritas Legal, she worked in the M&A practice area of the firm, where she advised various listed and unlisted companies in the areas of corporate laws and commercial laws as well as advised private equity funds in relation to their investments.

  • At DSK Legal, she advised and assisted various listed and unlisted companies in conducting due diligence exercise to highlight key legal and commercial issues; drafted and negotiated relevant transaction documentations and advised on corporate and regulatory approvals and foreign regulations compliances.

  • Jinal is an associate in the M&A and General Corporate practices at Pioneer Legal. Her role includes conducting due diligence on target entities to highlight key legal and commercial issues and advising clients on such identified risks and drafting, negotiating various transaction documents.

Some Name

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Master’s in Business Law, NLS Bangalore
  • LL.B., K.C. Law College, Mumbai
  • Company Secretary, ICSI
  • B.MOS, University of Western Ontario, Canada
  • B.Com, Jai Hind College, Mumbai
  • New Education

Professional Memberships

  • Bar Council of India
  • Associate Member of ICSI

Highlights

  • Sanket has almost a decade of experience as a corporate transactional lawyer. His areas of practice include mergers and acquisitions and forensic investigation in white collar crimes.
  • He has advised on various complex national and cross-border M&A transactions and conducted forensic investigations of suspected fraud, bribery and misappropriation of funds; advised on preventive action and building robust mechanisms/policies to counter such crime, etc.
  • He is a member of the Bar Council of India, the Institute of Company Secretaries of India and the Association of Certified Fraud Examiners.

Rugwed Dhage

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021 Tel: +91 22 6862 0000 Fax: +91 22 6862 0001 Email: [email protected]

Education

  • B.A.L.L.B, ILS Law College, Pune

Highlights

  • Graduated from ILS Law College, Pune in 2022
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Rugwed is an associate in the Corporate, Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, insolvency and bankruptcy laws and SEBI regulations. He has extensively assisted in matters before the NCLT, NCLAT, and Bombay High Court, in varied corporate and commercial matters. He has also assisted in multiple Joint Venture transactions including, conducting due diligences, along with drafting, and amending of various transaction documents.

AASHNA JAIN

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., New Law College, Mumbai
  • Bachelor of Arts in Economics and Commerce, Kishinchand Chellaram College, Mumbai

Professional Memberships

  • Th Bar Council of Maharashtra and Goa

Highlights

  • She began her career in the year 2018 when she joined the dispute resolution team at Aquilaw, Mumbai as an associate.
  • In 2019, she joined Tuli & Co.’s dispute resolution team.
  • In July 2022, she joined Pioneer Legal.

About

  • Her practice focuses on handling commercial arbitration, consumer disputes as well as legal advisory.
  • She has an extensive experience in arbitrations and handles civil as well as criminal matters.
  • She regularly appears before the Bombay High Court, City Civil Court at Mumbai, State Consumer Disputes Redressal Commission, Maharashtra, and Chief Metropolitan Magistrate Court. She has also appeared before the Delhi High Court, Allahabad High Court, Telangana High Court and the Supreme Court of India.

AASTHA ARORA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S/ L.L.B., SVKMs Pravin Gandhi College of Law, University of Mumbai
  • Advocate, Bar Council of Maharashtra and Goa

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Graduated from SVKMs Pravin Gandhi College of Law, Mumbai (affiliated to University of Mumbai) in 2020.
  • Started her career in January 2021, with an eminent litigation law firm.
  • Joined DSK Legal in December 2021.
  • Joined Pioneer Legal in June 2022.

About

  • In her previous experience under the litigation sector, she holds experience in commercial disputes and civil disputes before various courts and tribunals. She appeared before the High Court at Bombay, the City Civil Court at Mumbai and Dindoshi, the Small Causes Court and the Competent Authority at Mumbai.
  • In her stint at DSK, she worked in the infrastructure project development, finance and M&A, public private partnerships, government contracts and public procurement. She also drafted project documents including concession agreements, EPC contracts, O&M contracts, and reviewed project related licenses, etc.
  • Aastha is an associate in the M&A and General Corporate practices at Pioneer Legal. Her role includes conducting due diligence on target entities to highlight key legal and commercial issues and advising clients on such identified risks and drafting, negotiating various transaction documents.

Mamta Jain

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. National Law University, Odisha (University Gold Medalist)

Professional Memberships

  • Bar Council of Delhi
  • Young ICCA

Highlights

  • She started her career with the Industrial Financial Corporation of India (IFCI) Venture Capital Funds (A Government of India, Public Sector Undertaking) in 2019 as an in-house counsel.
  • She joined TPM Consultants, Delhi to work as an associate in 2020.
  • She has also worked with Justice C. Hari Shankar, Delhi High Court as a research associate.
  • Joined AKS Partners, Delhi as a General Corporate and M&A Associate in 2021.
  • In July 2022, she joined Pioneer Legal as an Associate.

About

  • Extensive experience in advising on corporate and commercial laws to private as well as government entities.
  • Her expertise and practice covers diverse areas including structuring of a corporate entity, foreign direct investment, private equity and venture capital, debt transactions, mergers and acquisitions and general corporate advisory.
  • She is a specialist in the areas of technology and finance laws.

VIJAY KUMAR CHAWLA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A.L.L.B (Hons.), Hidayatullah National Law University, Raipur

Highlights

  • Graduated from Hidayatullah National Law University, Raipur in 2022.
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Vijay is an associate in the Corporate & Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, commercial laws and arbitration laws. He has extensively assisted in matters before the Delhi High Court, NCLT and various Arbitral Tribunals in varied corporate and commercial matters. He has also assisted in multiple M&A transactions including, conducting due diligences and the drafting and amending of various Agreements.

VEDIKA SHAH

Senior Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S. LL.B., Government Law College, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • She started her career as an article clerk with the corporate and commercial practice team at DSK Legal in 2018.
  • In April 2019, she joined Pioneer Legal as an article clerk wherein she assisted the corporate and commercial team and subsequently assisted the litigation team.
  • She went on to become an associate with Pioneer Legal in the month of September 2020 post her graduation.

About

  • Vedika is an associate in the Corporate & Commercial and M&A practices of the firm. She has experience in advising and assisting various entities in the field of corporate and commercial laws, securities laws and other related laws.
  • She advises and assists various listed and unlisted companies in relation to: (i) conducting due diligence exercise to highlight key legal and commercial issues; (ii) drafting and negotiating relevant transaction documentations; and (iv) corporate and regulatory approvals and foreign regulations compliances.
  • She also advises and assists various prominent promoters of businesses on issues relating to succession planning and preparation of testamentary documents.

SHWETA VERMA

Associate Trainee

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.COM(H), LLB

Professional Memberships

  • The Bar Council of Delhi
  • Associate Member at ICSI

Highlights

  • Started her career at Shardul Amarchand Mangaldas in the year 2019 in General Corporate Practice.
  • In July 2021, she joined Pioneer Legal

About

  • Shweta is an associate trainee in the Mergers & Acquisitions and Corporate practices in the firm. She has experience on advising the clients in private equity, M&A Transactions and general corporate matters. Conducting due diligence on target entities and advising clients on such identified risks.

ABHISHEK GAUR

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A.L.L.B (Hons.), Institute of Law, Nirma University

Highlights

  • Graduated from Institute of Law, Nirma University in 2022.
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Abhishek is an associate in the Corporate, Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, insolvency and bankruptcy laws and arbitration laws. He has extensively assisted in matters before the NCLT, NCLAT, Delhi High Court, and various Arbitral Tribunals in varied corporate and commercial matters. He has also assisted in multiple Joint Venture transactions including, conducting due diligences, along with drafting, and amending of various Joint Venture Agreements.

NIYATI KHULLAR

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. (Hons.), Symbiosis Law School (Pune), Symbiosis International University

Highlights

  • She started her professional career in the year 2020 as an in-house counsel at Tata Communications Limited, New Delhi.
  • She joined Pioneer Legal in June 2022.

About

  • Niyati has joined the Corporate and Mergers & Acquisitions practices at the firm.
  • She has experience in advising on various aspects of corporate laws, employment, telecom, and technology matters. She also has experience in contract review, negotiation, and end-to-end closure of commercial contracts with international clients across the globe.

MANAS MAHESHWARI

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LLM in Banking and Finance Laws, Queen Mary University of London
  • LL.B, Campus Law Centre, Faculty of Law, University of Delhi
  • B.Com (Hons.), Ramjas College, University of Delhi 

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Service Lines and sectors

  • Private Equity
  • Mergers and Acquisitions
  • Forensic Practice

Highlights

  • He started his working career in April 2022 as an assessment intern at Pioneer Legal.
  • From June 2022, he started out as an Associate at Pioneer Legal.

About

  • Manas has extensive knowledge in banking and financial laws.
  • His area of interest includes private equity, capital markets, mergers and acquisitions and corporate finance laws.

ANANT S. TRIPATHI

Senior Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021 Tel: +91 22 6862 0000 Fax: +91 22 6862 0001 Email: [email protected]

Education

  • B.L.S. LL.B., Pravin Gandhi College of Law, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Started his working career in the year 2016, after graduating from Pravin Gandhi College of law (Mumbai University)
  • Previously, he has worked in the Dispute Resolution Team of Naik Naik & Co. and Clasis Law.
  • In February 2022 he joined Pioneer Legal.

About

  • Anant has extensive experience in civil Litigation and Arbitration. He regularly advises and represents clients in matters before the High Court at Bombay, National Law Company Tribunal, City Civil Court and other Courts/Tribunals/forumsa across Mumbai.

  • He is actively involved in strategizing and handling arbitration matters, insolvency proceedings and other matters involving complex commercial and/or civil disputes.

Nidhi Chaudhary

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.B.A. LL.B., NMIMS School of Law.

Highlights

  • Nidhi is a graduate of NMIMS School of Law (Class of 2022). Nidhi started interning at Pioneer Legal in December 2020 and thereafter joined as a Paralegal in February 2021.
  • She has interned with corporate law firms and advocates appearing before the Family Court, BKC and the Bombay High Court.
  • She has also worked with policy and research-oriented organizations.

About

  • Nidhi advises clients on varied disputes arising out of commercial transactions, arbitration, leave and license agreements and insolvency matters at both the litigation and pre-litigation/litigation strategy stage.

Shivek Sharma

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B., Institute of Law Nirma University, Ahmedabad

Professional Memberships

  • The Bar Council of Delhi

Areas Of Practice

  • Mergers and Acquisitions
  • Private Equity
  • Debt Capital
  • Insolvency and Restructuring

Highlights

  • Shivek started his career in 2018 and joined Agram Legal Consultants, Mumbai as an Associate and joined Pioneer Legal as an Associate in 2019.
  • He is a part of the Corporate & Commercial, Debt Capital and M&A practices of the firm.

About

  • He has experience in carrying out due diligence pertaining to e-commerce, NBFCs, defence, infrastructure, electronics and transportation sector; and has been involved in drafting of various transactional documents including Term Sheet, Investment Agreement, Share Purchase Agreement and Shareholders’ Agreement.
  • He has advised several companies in raising of debt capital through issuance and allotment of non-convertible debentures.
  • He has also advised the resolution professional on the various aspects of the Insolvency and Bankruptcy Code, 2016 and has been involved in the drafting of various applications and replies including application for approval of resolution plan.

Param Gupta

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. (Hons.), Symbiosis Law School (Pune), Symbiosis International University

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Advising and assisting Merkle, Inc. in its multi-jurisdictional acquisition of global e-commerce fulfilment provider PFSweb, Inc.
  • Advising and assisting dentsu group in its acquisition of a majority stake in Extentia Information Technology Private Limited.
  •  Advising and assisting Amsterdam-based DEPT in its acquisition of a majority stake in Tekno Point.
  • Advising and assisting Gold Plus Glass Industry Limited in raising an INR 600-crore private equity investment from Kotak Special Situations Fund and PI Opportunities Fund.
  • Conducting a data privacy diligence as part of International Data Group Inc.’s multi-jurisdictional acquisition of Selling Simplified Inc. and its subsidiaries across the globe.
  • Conducting a forensic investigation into alleged fraud, manipulation of accounts, and siphoning of funds by
    promoters of an Indian marketing company.
  • Conducting a forensic investigation into alleged bribery in the procurement of government tender by an Indian advertising company.
  • Conducting a forensic investigation into alleged money laundering disguised as CSR activities by an Indian company

About

  • Param is a senior associate in the corporate & commercial, M&A, forensic, and TMT practices of the firm. He has experience in advising and assisting clients in the field of corporate and commercial laws and has assisted private equity funds in relation to investments across several industry sectors. He also has experience in matters pertaining to white-collar crimes and has conducted forensic investigations into suspected fraud, money laundering, bribery, etc. Further, he has advised clients on technology and data privacy–related matters.

Shreya Gokhale

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S. LL.B., Government Law College, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Graduated from Government Law College, Mumbai in 2021
  • Started her professional career in August 2021 with Bharucha & Partners, Mumbai
  • Joined Pioneer Legal in September 2022

About

  • At Bharucha & Partners, she worked in the Capital Markets team of the firm where her role included advising companies and book running lead managers, and conducting due diligence on entities proposing to raise funds through initial public offerings and rights issues; drafting of draft red herring prospectuses/ red herring prospectuses etc.
  • Shreya is an associate in the General Corporate practice at Pioneer Legal. She has experience in providing advise on different aspects of corporate and commercial laws; conducting due diligence to highlight key legal and commercial issues; and drafting and negotiating transaction documents.

Rushad Irani

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Kishinchand Chellaram College of Law, University of Mumbai.
  • B. Com., Jai Hind College, University of Mumbai.

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • He started practice under an eminent technology law practitioner from late 2015 to early 2017 earning a basic grounding in technology law.
  • From February, 2017, he joined a prominent commercial dispute resolution and insolvency law practitioner whom he worked under and took up independent assignments as well. He joined Pioneer Legal in February, 2021.

About

  • His practice revolves around dispute resolution including commercial litigation and arbitration.
  • He has experience in advising and appearing for clients on varied disputes arising out of commercial transactions, insolvency, corporate disputes and partnership disputes.
  • He has extensive experience in commercial disputes and civil disputes before various courts and tribunals. He also has experience in handling arbitrations spanning a wide range of disputes. He has appeared in matters relating to insolvency proceedings.
  • He regularly appears before the High Court at Bombay, the National Company Law Tribunal at Mumbai, the City Civil Court at Mumbai and Dindoshi and the Small Causes Court at Mumbai. He has also appeared before the Sessions Court, various Magistrate’s Courts, Consumer Fora, Family Court, Charity Commissioner, Registrar of Co-operative Societies and SEBI.
  • He additionally advises clients during pre-dispute/pre-litigation stage in finalizing strategy including the appropriate mode of dispute resolution to ensure the most favorable outcome for the Client.

Pavana Padmakumar

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S./L.L.B., SVKMs Pravin Gandhi College of Law
    University of Mumbai

Highlights

  • Graduated from SVKMs Pravin Gandhi College of Law, Mumbai (affiliated to University of Mumbai) in 2019.
  • She started her career as an ‘Associate’ in Pioneer Legal since the firm’s inception in 2019.

About

  • Pavana is an associate in the Corporate & Commercial and M&A practices of the firm. She has experience in advising and assisting various entities in the field of corporate and commercial laws, securities laws and other related laws. She has assisted in advising various listed and unlisted companies in the areas of corporate laws, commercial laws and securities laws as well as in advising private equity funds in relation to their investments and exits. She also advises clients on employment and labour laws and the related compliances.

Eishan Agnihotri

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A – LL.B (Business Law Hons.), Institute of Law, Nirma University (Ahmedabad)

Professional Memberships

  • The Bar Council of Delhi

Highlights

  • He started his working career in the year 2018, after graduating from Institute of Law, Nirma University, Ahmedabad.
  • He joined DSK Legal, (a leading law firm) at their Mumbai office as an Associate with the general corporate and M&As team.
  • In April 2019, he joined the newly founded ‘Pioneer Legal’ as an Associate. Currently, there are more than 25 lawyers with 6 partners working in Pioneer Legal.

About

  • He has experience in advising various listed and unlisted companies in the areas of corporate laws, commercial laws as well as in advising private equity funds in relation to their investments and exits.

Adwait Munje

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.B.A. – LL.B., Symbiosis Law School (Pune),
    Symbiosis International University

Highlights

  • He started his professional career in the year 2018, when he graduated from Symbiosis Law School, Pune.
  • He joined DSK Legal, (a leading law firm) as an Associate with the General Corporate and Mergers & Acquisitions team at their Mumbai office.
  • In April 2019, he joined Pioneer Legal. 

About

  • Adwait has extensive experience in advising and assisting various listed and unlisted entities, and private equity and venture capital funds in the field of corporate and commercial laws, securities laws and other related laws; and his experience spans across various sectors such as manufacturing, healthcare, pharmaceutical, healthcare, e-commerce and logistics.
  • He has worked on various domestic and cross-border transactions and provided his assistance in key processes including: (i) due diligence exercise to highlight key legal and commercial issues; (ii) drafting and negotiating relevant documentation; (iii) regulatory approvals, compliances.

Sohil Shah

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Kishinchand Chellaram College of Law, Mumbai
  • B. Com., Narsee Monjee College of Commerce & Economics, University of Mumbai
  • Company Secretary, Institute of Company Secretaries of India

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • He started his career when he joined the dispute resolution team at DSK Legal in the year 2013 as an Article Clerk and then went on to become an Associate when he graduated as an Advocate in 2014.
  • In February, 2019, he briefly joined the International Arbitration team at Shardul Amarchand Mangaldas & Co. and then joined Pioneer Legal in December, 2019.

About

  • His practice focuses on commercial arbitration and litigation.
  • He has experience in advising clients on varied disputes arising out of commercial transactions, private equity transactions, media, consumer and insolvency.
  • He has extensive experience in arbitrations and has represented clients for obtaining interim reliefs, appointment of arbitrators, representation before tribunals and appeals. He also has vast experience in handling civil and commercial litigations before various Courts.
  • He regularly appears before the High Court of Bombay, National Company Law Tribunal at Mumbai, City Civil Court at Mumbai and Dindoshi. He has also appeared before the Supreme Court of India, High Court of Delhi, District Court at Pune, Magistrate Courts, Family Court, Labour Court, Registrar of Co-operative Societies and SEBI.
  • He also advises clients during pre-disputes/pre-litigation stage in finalizing strategy and adopting the most appropriate mode of dispute resolution to ensure the most favorable outcome for the client.

Shoubhik Dasgupta

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Symbiosis Law,
  • MBA in Business Administration, ICFAI

Professional Membership

  • The Bar Council of Maharashtra and Goa

Highlights

  • Shoubhik has over 12 years of experience in private equity funds, multi national companies on corporate and commercial transactions, mergers & acquisitions and joint ventures with a special emphasis on sectors such as gaming, automobiles, chemicals and Insurance.
  • He advises various clients on a wide array of general corporate matters, employment laws, foreign exchange and security regulations and sector specific regulations.
  • After a decade long stint at DSK Legal, Shoubhik has been a part of Pioneer Legal since its inception.
  • He is a regular speaker for the Institute of Company Secretaries on matters pertaining to mergers and acquisitions and private equity.

Pritha Jha

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • BSL. LL.B, ILS Law College, University of Pune

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Pritha is a co-founder of Pioneer Legal and a distinguished expert in the realms of private equity, strategic mergers & acquisitions, and corporate advisory. Her primary focus centers on advertising, media, and entertainment sectors, where her exceptional knowledge and experience have earned her a trusted reputation among clients. With an impressive career spanning over 16 years, Pritha has played a pivotal role in numerous domestic acquisitions, joint ventures, private equity investments, and intricate cross-border transactions, making her a sought-after advisor for complex multi-jurisdictional deals.
  • Beyond her core areas of specialization, Pritha provides crucial counsel to advertising agencies and media houses on their day-to-day operations and commercial contracts. She has been instrumental in successfully navigating through sector-specific regulatory challenges, contributing significantly to her client’ success and ensuring compliance with relevant regulations.
  • After a successful tenure of 9 years at DSK Legal, Pritha co-founded Pioneer Legal with three partners, further solidifying her position as a leading legal professional. Her exceptional achievements have earned her prestigious recognitions, including being named one of ‘Asia’s Top 15 Female Dealmakers, India and Middle East’ and being listed among Asia’s 40 under 40 lawyers. Asialaw has ranked her as a rising star in Private Equity, and India Business Law Journal identified her as one of India’s Future Legal Leaders. Moreover, she was featured as one of the Top 20 emerging leaders for the Indian Legal Market in the RSG Emerging Leaders Report of 2019.

Narendra Dingankar

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0040
Email: [email protected]

Education

  • Solicitor, Supreme Court of India
  • Solicitor London and Wales
  • Advocate, High Court of Bombay
  • B.Com., University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa
  • The Bombay Incorporated Law Society
  • International Bar Association (presently inactive)
  • Law Society of London and Wales (inactive)

Highlights

  • Narendra is the founding partner of Pioneer Legal with work experience as an Advocate and Solicitor, of 28 years. Narendra worked with Arthur Andersen, an international accounting firm, Dua Associates, and DSK Legal, part of the Andersen Legal Network.
  • Narendra advises multinational and domestic companies and private equity funds in the areas of mergers and acquisitions, joint ventures, infra projects and corporate laws. Narendra also assists clients in dispute resolution and formulating strategy for disputes. Narendra also assists in succession planning, family settlement, creation of family trust structures, preparation of Wills, and related documents.

Sanket Jain

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Master’s in Business Law, NLS Bangalore
  • LL.B., K.C. Law College, Mumbai
  • Company Secretary, ICSI
  • B.MOS, University of Western Ontario, Canada
  • B.Com, Jai Hind College, Mumbai

Professional Memberships

  • Bar Council of India
  • Associate Member of ICSI

Highlights

  • Sanket has almost a decade of experience as a corporate transactional lawyer. His areas of practice include mergers and acquisitions and forensic investigation in white collar crimes.
  • He has advised on various complex national and cross-border M&A transactions and conducted forensic investigations of suspected fraud, bribery and misappropriation of funds; advised on preventive action and building robust mechanisms/policies to counter such crime, etc.
  • He is a member of the Bar Council of India, the Institute of Company Secretaries of India and the Association of Certified Fraud Examiners.

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Satish Kishanchandani

Managing Partner

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Solicitor, Supreme Court of India
  • Advocate, High Court of Bombay
  • B.Com., University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa
  • The Bombay Incorporated Law Society
  • International Bar Association

Highlights

  • An advocate and Solicitor from 1989-90, Satish An advocate and Solicitor from 1989-90, Satish joined Arthur Andersen, a leading international accounting firm in its tax and business advisory practice to set up its corporate business advisory team.
  • In 1997, he joined Dua Associates as a Partner and set up its legal practice in Mumbai and Pune. In 2001, he co-founded DSK Legal, as a part of the Andersen Legal Network, and built it into a 130-lawyer firm over 18 years. In April 2019, he along with others founded Pioneer Legal.
  • Satish has over three decades of experience advising on large PE and M&A transactions and strategy for complex disputes.
  • Satish’s exceptional legal expertise has earned him several prestigious recognitions. The Indian Business Law Journal included him in the “A-List” of Lawyers in India. Additionally, Chambers and Partners, RSG India, acknowledged him for his outstanding work in Corporate/M&A. Notably, Asialaw identified him as a distinguished practitioner for Corporate/M&A and Private Equity. Moreover, Asian Legal Business honoured him by naming him one of the Super 50 Lawyers in India.