Fatema Kachwalla

Fatema’s core practice area is Dispute Resolution.

She mainly practices in the Supreme Court, High Court(s), City Civil Court(s), various benches of the National Company Law Tribunal, National Company Law Appellate Tribunal and Debts Recovery Tribunal.

She practices commercial dispute resolution and has advised several clients in matters related to shareholder disputes and disputes under commercial contracts.

Fatema specialises in handling matters under the Insolvency & Bankruptcy Code, 2016 and debt recovery proceedings. She has experience in various spheres of the Code by appearing for Financial Creditors, Operational Creditors and Corporate Debtors. She has advised Resolution Professionals and the Committee of Creditors during the Corporate Insolvency Resolution Process of Corporate Debtors. She routinely appears for Indian and foreign banks in Courts across India.

She has been practicing law and associated with the firm since 2009. She has been elevated to the position of “Partner” in 2022.

 

Memberships

Bar Council of Maharashtra and Goa

 

Education

B.L.S. LL.B, Government Law College, Mumbai

 

Languages

  • English
  • Hindi
  • Gujarati

Some of the key assignments in these areas handled and being handled by Fatema amongst others, cover the following: –

  • Advised resolution professionals in relation to the corporate insolvency resolution processes for corporate debtors including Smaaash Entertainment Private Limited, Ushdev International Limited, Uttam Galva Metallics Limited, Uttam Value Steel Limited, Sai Wardha Power Generation Limited and Sai Regency Power Corporation Private Limited.
  • Advised lenders/ committee of creditors in the insolvency of several non- banking financial companies and Companies like Wind World (India) Limited, Dewan Housing Finance Ltd., RICOH India, Reliance Communications Ltd., Reliance Telecom Limited, Reliance Infratel Limited and Reliance Communication Infrastructure Limited.
  • Advised lenders in the debt restructuring under RBI June 7 Circular for companies like Reliance Home Finance Ltd. and Reliance Commercial Finance Ltd.;
  • Advising leading Indian and Foreign Banks in its debt recovery proceedings (including corporate insolvency and personal insolvency) against corporate debtors and promoters;
  • Advised Robert Bosch Gmbh in structuring its Company in preparation of a possible litigation to mitigate its risks;
  • Represented the promoters of a leading Indian Company in a commercial dispute under its transaction documents;
  • Handling the litigations before the Hon’ble Bombay High Court and City Civil Court of a public charitable trust undertaking cluster redevelopment under Regulation 33(9), being the first of its kind in the city of Mumbai;
  • Advising a leading hospital in its ongoing litigations;
  • Represented a leading Indian promoter in an arbitration proceeding involving a complex commercial issue of the manner in which retention amounts should be handled under the commercial contracts entered between the parties to dispute.

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