Abhishek Sarkar

Abhishek Sarkar, Associate, JSA

Abhishek graduated from National Law University, Odisha with a B.A. (Economics) LL.B. (Honours). His core subjects had been Contract Law, Corporate Laws and Infrastructure Laws.

Abhishek is a member of the Projects, Regulatory and Policy practice. He focuses on Electricity and Renewable Energy Project Development, and Construction. In addition, he also advises on other Infrastructure Projects such as Airports and Railways.

He has been involved in reviewing and drafting power purchase agreements, supply and service contracts, operation & maintenance contracts, wrap agreements, concession agreements, development agreements, project management agreements, requests for proposals and term sheets.

 

Memberships

Bar Council of Delhi

 

Education

B.A. (Economics) LL.B. (Honours), National Law University, Odisha (2016)

 

Languages

  • English
  • Bengali
  • Hindi

Some of the key assignments in these areas handled and being handled by Abhishek include:

Projects and Infrastructure

  • Advising the Airports Authority of India in connection with the privatization of operations, management and development of six airports — Guwahati, Thiruvananthapuram, Lucknow, Mangaluru, Ahmedabad and Jaipur.
  • Advising Tata Group, GIC Infra Holdings Private Ltd and SSG Capital Management (Singapore) Private Limited in relation to conducting a legal due diligence, and review of transaction documents for their proposed investment in the airport business of GMR Airports Limited.
  • Advising an international client in relation to the public procurement process in the Indian healthcare industry.
  • Advising Dilip Buildcon Limited in relation to an EPC agreement with the concessionaire for developing a road project.
  • Advising several airport operators in relation to drafting and review of tender documents for the competitive bidding process for selection of an EPC contractor, and standardization of infrastructure and commercial contracts.
  • Advising Bangalore International Airport Limited in relation to drafting and review of project management agreement and scope of services for the appointment of a project management consultant for expansion of the airport.
  • Advising private entities in relation to review of tender documents for the competitive bidding process for selection of concessionaire for establishment of a greenfield airport on PPP basis at Bhogapuram, Andhra Pradesh; Navi Mumbai, Maharashtra; Mopa, Goa; and Dagadarthi, Nellore, Andhra Pradesh.
  • Advising SpiceJet Limited in relation to drafting agreements and memorandum of understanding for the maintenance services arrangement with Air India Limited for provision of maintenance, repair and overhauling services by Air India Engineering Services Limited to SpiceJet Limited.
  • Advising Turbo Jet Aviation Private Limited in relation to drafting of a corporate and due execution legal opinion for the hire purchase arrangement of an aircraft.
  • Advising Turbo Jet Aviation Private Limited in relation to the review of a guarantee and indemnity document, lease agreement and side letter for the lease of helicopters.
  • Advising Delhi Mumbai Industrial Corridor Development Corporation Limited in relation to drafting of amendment agreement to deed of public trust for reconstitution of the trust as a single nodal agency tasked with the development of industrial corridors in India.
  • Advising GMR Group in relation to the bid process for selection of a private entity for the development of Bijwasan railway station at New Delhi.
  • Advising Maharashtra Film, Stage and Cultural Development Corporation Limited in relation to drafting and review of tender documents for the competitive bidding process for selection of concessionaire for the modernization and development of the Dadasaheb Phalke Chitranagari – Film City on PPP basis at Mumbai, Maharashtra.
  • Advising JSW Steel Limited in relation to the tender process for hiring of equipment and appointment of contractor for operation and maintenance of the coal handling and preparation plant at Moitra Coal Mine, Hazaribagh, Jharkhand.
  • Advising Sterlite Ports Limited in relation to the competitive bidding process for selection of concessionaire for establishment of additional berths and capacity augmentation of port of Mormugao in Goa and execution of the concession agreement.
  • Advising JSW Steel Limited in relation to the contracting arrangement for supply and service of equipment for a vacuum pressure swing adsorption unit at Dolvi, Maharashtra.
  • Advising Systems Tek India Private Limited in relation to review of services and purchase agreements for providing software services to Citi.
  • Drafting legal opinions on the authority of a concessionaire to enter into a concession agreement and enforceability of the provisions thereof, and applicability of transparency legislations on a client.

 

Renewable Energy

  • Advising Berkeley Energy in relation to structuring, negotiating and finalizing its strategic acquisition of a renewable energy development and services company providing energy management services.
  • Advising DBS Bank Limited and Standard Chartered Bank in relation to conducting a legal due diligence for extending an external commercial borrowing facility to Vena Energy Shivalik Wind Power Private Limited for development of a 96.8 MW wind energy project in Gujarat, India.
  • Advising India Grid Trust in relation to conducting a legal due diligence, and drafting and negotiating the transaction documents for acquisition of 74% shareholding and management control in Parbati Koldam Transmission Company Limited from Reliance Infrastructure Limited.
  • Advising Kyotherm SAS in relation to reviewing and finalizing the EPC, and operations and maintenance contracting arrangements for a concentrated solar thermal project supplying steam to a hospital facility in Kerala, India.
  • Advised the Atha Group in relation to supply and service contracts, O&M contract and wrap agreement for 200 MW solar power projects in Tamil Nadu.
  • Advising Vestas Wind Technology India Private Limited in relation to conducting a legal due diligence, and drafting and negotiating a share purchase agreement, lease deed and wind data use agreement for acquisition of two special purpose vehicles established by an independent power producer.
  • Conducting legal due diligence on 100 MW solar power projects in Maharashtra.
  • Conducting legal due diligence for projects and assets of Hero Future Energy.
  • Conducting legal due diligence on a 25 MW solar power project owned by Waaneep Solar Private Limited at Nagari, Andhra Pradesh.

 

Regulatory and Policy

  • Drafted a procurement policy underlying the principles of procurement for an airport operator.
  • Drafted a document underlying the economic regulation of airports in India.