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Consumer Protection Act, 2019

July 17, 2020

The Consumer Protection Act, 2019 (“CP Act 2019”) received the Presidential assent and was published in the Official Gazette on August 9, 2019. The Central Government, vide notification dated July 15, 2020, has brought into force certain provisions of the CP Act 2019, relating to product liability, consumer protection councils, mediation etc. effective from July 20, 2020. Section 107 of the CP Act 2019 has also been notified which repeals the Consumer Protection Act, 1986 (“CP Act 1986”). However, provisions in relation to the Central Authority, liability for endorsing misleading advertisements and certain ancillary provisions have not been notified yet. In light of the above, it becomes imperative for every consumer to understand the spectrum of rights available to them under the CP Act 2019.

WHAT SETS THE CP ACT 2019 APART FROM THE CP ACT 1986?

The CP Act 2019 is a progressive step towards recognizing and protecting the rights of the consumers. The CP Act 2019 has attempted to include under its ambit, various aspects like product liability, liability on endorsers and advertisers of products, regularization of e-commerce, alternate dispute resolution mechanism for consumer grievances etc.

The key highlights of the CP Act 2019 are as follows:

Establishment of Central Authority

While the provisions are yet to be enforced, the CP Act 2019, under Section 10, provides for the establishment of a central authority known as the Central Consumer Protection Authority (“Central Authority”). The Central Authority has been allotted the powers to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. The Central Authority will also have an investigation wing, to conduct enquiries or investigation on the complaints received in relation to violation of consumer rights, unfair trade practices and false or misleading advertisements. Powers have also been granted to the Central Authority to recall goods, issue directions in cases of false and misleading advertisements, order the discontinuation of unfair practices etc.

It is pertinent to note that the Central Authority can initiate any inquiry or take any action either on its own or pursuant to receiving directions from the Central Government. The Central Authority is a body in addition to the District, State and National Commissions and any appeal against the order passed by the Central Authority will lie before the National Commission. Barring the increase in pecuniary jurisdiction as detailed below, the CP Act 2019 does not contemplate any alterations to the District, State and National commissions.

Definition of ‘Consumer Rights’

In an endeavour to cover all aspects of rights available to a consumer, a definition of what constitutes ‘consumer rights’ has been inserted in the CP Act 2019. It includes (i) right to be protected against marketing which are hazardous to life and property, (ii) right to be informed, (iii) right to be assured, (iv) right to be heard, (v) right to seek redressal and (vi) right to consumer awareness.

Liability on endorser / advertiser

The CP Act 2019 provides for penalties against false or misleading advertisements not just against manufacturers, traders, advertisers and publishers, but also against endorsers of these products. The Central Authority has been granted the power to impose a fine of INR Ten Lakhs for the first occasion of violation and a fine extending up to INR Fifty Lakhs for every ensuing contravention. Further, the Central Authority can also ban an endorser from endorsing any products or services for a period extending up to one year for the first instance and period extending up to three years for every subsequent contravention. However, the endorser will not be penalized if they can prove that due diligence was exercise by them to verify the authenticity of the claims made in the advertisement. The provisions of the CP Act 2019 in relation to the above have not been brought into force yet.

Unfair contracts

The CP Act 2019 has introduced the concept of unfair contracts. An ‘unfair contract’ is defined as a contract between a consumer and a manufacturer, trader or service provider containing terms which significantly change the rights of the consumers and it includes: (i) requiring an excessive security deposit for the performance of a contract; (ii) imposing a disproportionate penalty for breach of contract; (iii) refusing to accept early repayment of debts; (iv) unilaterally terminating a contract without reasonable cause; (v) transferring a contract to a third party to the detriment of the consumer without the consumer’s consent; or (vi) imposing unreasonable charges or obligations which put the consumer at a disadvantage.

Inclusions to ‘unfair trade practices’

In addition to the unfair trade practices under the CP Act 1986, the CP Act 2019 lists three more practices as unfair trade practices. These are: (i) the failure to issue a bill or receipt; (ii) the refusal to accept goods returned within 30 days; and (iii) the disclosure of a consumer’s personal information given in confidence (unless required by law or in public interest).

Regulation of e-commerce

The CP Act 2019 accounts for unfair trade practices in the e-commerce sector and grants the government power to take any measures to prevent malpractices in the e-commerce sector. The government has rolled out draft rules seeking public comments in this regard. The rules, inter alia, cover the general conditions for carrying on e-commerce business, liabilities of the e-commerce entity, and liabilities of the seller.

Consumer Mediation Council

The CP Act 2019 provides for the establishment of a consumer mediation cell, which will be attached to each District Commissions and State Commissions and the National Commission. The empanelment of mediators will be based on the recommendation of a selection committee consisting of the President and a member of the District, State or National Commission, as the case may be. The procedure for mediation has been detailed out in the CP Act 2019. The settlement arrived at between the parties shall be duly recorded by the mediator and submitted to the respective commission. The government has issued draft rules in this regard for comments from the public stakeholders.

Inclusion of Product Liability

The term ‘product liability’ has been defined under the CP Act 2019. The manufacturer or service provider is bound to compensate the consumer if the goods or services have caused any harm or injury, or if they are defective in design, specifications, warranty etc. The liability of the manufacturer, service provider as well as the seller has been described in detail. Further, a product manufacturer will be held liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.

Increase in pecuniary jurisdiction

The CP Act 2019 has also increased the scope of pecuniary jurisdiction of the consumer forums. Where the value of goods and services paid is up to INR One Crore, the jurisdiction lies with the District Commission. If the value is above INR One Crore but does not exceed INR Ten Crore the State Commission has the jurisdiction to entertain such matters. Any claims above INR Ten Crore shall lie before the National Commission.

Under the CP Act 1986, the pecuniary limit was inclusive of the value of goods and services along with the compensation sought by the consumer. However, under the CP Act 2019, only the value paid for the goods or services will be considered for the purpose of assessing the limit.

CONCLUSION

The CP Act 2019 has made a tremendous attempt in addressing the needs of consumers in a dynamic market environment. The inclusion of provisions for regulating e-commerce businesses is a welcome change, keeping in mind the fact that large number of consumers have now shifted to using online platforms for buying goods and availing services. Further, including false and misleading advertisements under the spectrum of the CP Act 2019 in addition to holding the endorser liable for any false claims, is a positive change, especially at a time when blind faith is being placed in the words of an endorser as well as the excessive coverage of brand endorsements on social media.

The expansion of the scope of unfair trade practices is progressive. Most importantly, the disclosure of consumer information as a means of unfair trade practice is a laudable move which becomes relevant at a time when personal data protection is becoming more and more important. Mediation as a mode of dispute resolution and the introduction of product liability are also noteworthy.

The establishment of the Central Authority, which has a plethora of powers under the CP Act 2019, will ensure that consumer rights are upheld. At the same time, the CP Act 2019 strikes a fine balance between accommodating the needs of the consumers as well as the right of the sellers or service providers to defend themselves from consumer claims. Once notified, the CP Act 2019 will steer in an improved mechanism for redressal of consumer grievances.

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.

Author

  • Pioneer Legal - Consumer Protection Act, 2019

    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.

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

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]ioneerlegal.com

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

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

  • He started his professional career after graduating from Symbiosis Law School, Pune in 2020.
  • In August 2020, he joined Pioneer Legal.

About

  • Param is an associate in the Mergers & Acquisitions and Corporate practices of the firm. He has experience in providing advice and assistance to clients through M&A transactions, conducting legal and forensic investigations into white collar crimes, and general corporate matters. He has also assisted in cases involving due diligence, equity investments, and share purchase agreements—including those involving earn-outs.

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.

Khushboo Jha

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, Bharati Vidyapeeth University, Pune, Maharashtra
  • B. Com (Specialization in Accounting), University of Burdwan, West Bengal

Highlights

  • She started her career in the year 2016 at DSK Legal, New Delhi where she worked on various General Corporate and Capital Markets transactions.
  • In 2018, she joined the Capital Markets team at Shardul Amarchand Mangaldas & Co., New Delhi.
  • She then joined Desai & Diwanji, Gurgaon in the year 2019 where she worked on various General Corporate Advisory and Mergers & Acquisitions Transactions.
  • In September 2021, she joined Pioneer Legal.

About

  • Khushboo has experience in advising companies, including both listed and unlisted companies and private equity funds in their investments, in mergers and acquisitions and takeovers.
  • She has also advised companies on general corporate and commercial laws including labour laws, foreign contribution regulation laws and securities laws.
  • Khushboo has been involved in advising various domestic and international clients across varied sectors such as healthcare, infrastructure, manufacturing, non-banking financial companies, defence, automotive, real estate and e-commerce.

Vishesh Nahata

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

  • Started his career at Mulla & Mulla, Cragie Blunt & Caroe as an Advocate, in the year 2013 and worked with the Corporate and Commercial practice team.
  • In 2019, he joined Crawford Bayley & Co. and worked and led transactions in the Capital Markets team.
  • In November 2021, he joined Pioneer Legal.

About

  • Vishesh has extensive experience in varied fields of law including securities laws, ports / maritime laws and corporate & commercial laws. He has assisted companies in raising capital through both public issues and on private placement/ preferential allotment basis. He has also worked on various M&A 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) assisting in obtaining regulatory approvals.

Suraj Soni

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. LLB (Corporate Hons.), National University of Study and Research in Law, Ranchi
  • Company Secretary (Executive), Institute of Company Secretary of India

Highlights

  • He started his professional career in the year 2018, when he graduated from National University of Study and Research in Law, Ranchi.
  • He is also pursuing Company Secretary (Executive Level)
  • He has prior working experience at Indian Law Partners (best friend referral arrangement with Ashurst (Global Law Firm)) and ARA Law (now known as Begur and Partners) where he was handling the private equity, venture capital, mergers and acquisitions and banking and finance work.
  • In 2021, he joined Pioneer Legal.

About

  • He has extensive experience in advising well known PE Funds, Corporates on corporate and commercial transactions, private equity, mergers and acquisitions and joint ventures across varies sectors such as education, healthcare, infrastructure, textiles, logistics and media and entertainment.
  • He has also provided guidance on regulatory and secretarial compliances, corporate governance issues and due diligence of companies operating in various sectors.
  • Apart from these, he has successfully drafted and negotiated business transfer agreements, acquisition agreements and investment agreements such as share purchase agreement, share subscription agreement and shareholders agreement.

Rushad Irani

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

  • 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

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 (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

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.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.

Sameer Raina

Principal Associate

Mumbai Office:

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

Education

  • LLB, Government Law College, University of Mumbai
  • B.Com (Specialization in Financial Accounting and Audit), Jai Hind College, University of Mumbai.

Professional Memberships

  • Bar Council of Maharashtra & Goa

Service Lines and Sectors

  • Private Equity
  • Mergers and Acquisitions
  • Regulatory and Governance
  • Logistics
  • E-Commerce
  • Manufacturing
  • Financial Services
  • Healthcare and Pharmaceutical

Highlights

  • He worked with Crawford Bayley & Co. as a paralegal in the year 2015.
  • He joined DSK Legal in the year 2017 where he worked with Satish Kishanchandani.
  • In April 2019, he joined Pioneer Legal with Satish Kishanchandani.

About

  • Sameer has experience in advising companies and private equity funds on investments, exits and mergers & acquisitions.
  • Sameer has also been involved in advising promoters and directors of Indian companies on complex governance issues and providing strategic inputs. He also advises on He also advises on general corporate laws, commercial laws and exchange control laws.
  • He advises funds on investments and exits including assessing legal risks and advising on documentation.
  • Sameer has been involved in several domestic and cross-border transactions. His experience on advising funds and companies spans across various sectors such as manufacturing, healthcare, pharmaceutical, e-commerce logistics and non-banking financial institutions.

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.

Mayank Mehta

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, University of Mumbai
  • B.Com, MDS University, Rajasthan

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Mayank has more than a decade of experience in private equity and venture capital investments, and mergers and acquisition (M&A), across range of sectors, including logistics, financial services, healthcare, pharma, and ecommerce.
  • He has advised on large and complex M&A involving listed companies in India, including takeover offers, regulatory issues, acquisition of stressed assets. He also advises earlystage companies in raising funds from venture capital funds, HNIs, family offices, etc.
  • He is one of the Co-founding partners of Pioneer Legal. Prior to joining Pioneer Legal, he was an Associate Partner with DSK Legal.

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 the Co-founding partner of Pioneer Legal, with over 14 years of experience, she is a specialist in private equity transactions; strategic mergers & acquisitions across sectors specifically in advertising, media, and entertainment.
  • She advises various advertising agencies and media houses in their day-to-day operations and commercial contracts. After 9 years in DSK Legal, she along with 3 partners founded Pioneer Legal. Asia Law ranked her a rising star in 2022 for Private Equity, India Business Law Journal identified her as one of India’s Future Legal Leaders in 2020, she was featured as one of the top 20 emerging leaders for the Indian Legal Market by 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.

Pioneering the Future

Enabling Intelligent Legal Solutions

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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 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.
  • Asia Law has ranked Satish as distinguished practitioner in the Asia 2022 Corporate M&A and PE rankings.
  • Satish has been recognised as one of the Super 50 Lawyers in India by Asian Legal Business in 2020.