Kunal Kaul


Kunal’s area of practice involves regulatory proceedings before statutory authorities, tribunals, courts and constitutional & administrative law litigation. He is also into commercial litigation, except where the core dispute is sector specific. 

He handles matters relating to tariff fixation, open access, cross subsidy surcharge, fuel supply disputes, challenging sub-ordinate legislations/ bye-laws, other disputes relating to energy sector, grant of various licenses/ approvals, evaluation of contractual arrangements as well as regulatory and legal framework to facilitate compliance and advising clients on various issues relating to the energy sector. 

Kunal has been advising on various regulatory issues like eligibility of ports for grant of distribution licence, regulatory treatment of Indirect Taxes, interest and penalties levied thereon, expansion of existing generating capacity, termination of PPA, issues relating to Electricity Duty and various issues relating to generation and distribution of electricity. 

He has also worked on general corporate commercial laws including the establishment of investment funds, private equity investment, foreign investments and advising clients on various aspects of Indian laws. 

Some of the key assignments handled by Kunal are: 

  • Advised and appeared for a power generating company in compensatory tariff matters before CERC, APTEL and the Supreme Court of India. These matters arose due to unforeseen, uncontrollable and unprecedented escalation in the imported coal price because of a change in law by the Government of Indonesia 
  • Advised and appeared before the Bombay High Court and the Supreme Court of India, for a distribution licensee in defending the constitutional validity of sub-ordinate legislations made by the MERC 
  • Advised and appeared before MERC, on behalf of a distribution licensee for grant of a parallel distribution licence and thereafter defending the grant of licence before APTEL and the Supreme Court of India 
  • Advised and appeared before MERC and APTEL, on behalf of a parallel distribution licensee for establishing principles relating to laying down of parallel distribution network and migration of consumers from one distribution licensee to another distribution licensee 
  • Advised and appeared before CERC and APTEL in matters relating to change in law claim for a thermal power generating company 
  • Advised and appeared on behalf of a thermal power plant with regard to the issues relating to declaration of commercial operation date

Kunal has a total experience of over ten years. Prior to joining JSA, Kunal worked with Nishith Desai Associates, Mumbai and with Senior Advocate Mr. Gopal Jain, Delhi.

PRACTICE AREAS

SECTORS

MEMBERSHIPS

  • Bar Council of Maharashtra & Goa

EDUCATION

  • BSL LL.B, Symbiosis Law School, Pune

LANGUAGES SPOKEN

  • English
  • Hindi

Last Updated on 25th January 2019

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