Poonam has been actively involved in the disputes and corporate practice of the firm with primary focus in the energy and transportation sector. For over a decade with the firm, Poonam specialises in power and aviation sectors. She is a litigator who covers the entire spectrum of advisory, risk analysis and arguing matters before specialised Commissions, Tribunals, various High Courts and the Supreme Court of India.
Poonam has a lead role in the aviation practice of the firm. She has been spearheading JSA’s civil aviation practice. She has been consistently advising and representing Federation of Indian Airlines and Inter Air Transport Association amongst individual airlines on legislative, policy and regulatory issues.
Poonam has represented her clients before various fora (Airports Economic Regulatory Authority of India, the Director General of Civil Aviation, the Appellate Tribunal, the High Courts and the Supreme Court of India) on issues relating to interpretation of agreements executed pursuant to PPP tendering processes, determination of aeronautical tariff, single till and other charges being levied by the Airport Regulator on Airlines.
She has regularly submitted her views on the Model Concession Agreements issued by the Ministry of Civil Aviation for introducing PPP for six airports, on National Civil Aviation Policy, Civil Aviation Authority Bill, etc.
Poonam has been consulted on urgent issues by Inter Air Transport Association, Federation of Indian Airlines and Association of Power Producers on several occasions for her valued legal opinions.
She has been regularly representing the country’s big corporate houses, government institutions and industry associations on several landmark and sectoral issues arising in two critical sectors of power and aviation transport. She has been regularly dealing with issues arising out of Power Purchase Agreements, Concession Agreements, Transmission Service Agreements, Operations, Maintenance and Development Agreement, State Support Agreement based on Model Private Public Partnership (PPP), and such relevant agreements issued by the concerned Ministries of the Government of India.
Poonam is a regular participant and speaker in nationwide conferences conducted by the Centre for Aviation, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry on energy and aviation sector related issues.
She attended an IATA training on Aircraft Acquisition, Leasing and Financing in June 2017 to hone her skills in the field.
Service Lines
- Regulatory proceedings before statutory authorities, tribunals and courts
- Sector specific commercial litigation
- Construction, engineering and infrastructure specialty contracting
Some of the recent deals Poonam has been involved with, are:
- Aviation
- Argued for Federation of Indian Airlines (FIA) before the Airports Economic Regulatory Authority Appellate Tribunal in a matter which laid the law on determination of aeronautical tariff of PPP airports, the adoption of several processes and till allocation of capital cost amongst other issues. This judgement is a first judgement to guide the sector and the regulator to adopt tariff principles going further
- Successfully represented FIA before the Bombay High Court challenging the increased levy by MIAL on the food and beverage items which are procured by the airlines and to be sold on-board the flights
- Successfully represented FIA before the Delhi High Court challenging a DGCA Circular which prescribed a ceiling limit on excess baggage charges (for baggage between 15-20 kilogram)
- Argued before the Supreme Court and Ministry of Civil Aviation on issues relating to the levy of Transaction Fee by the airlines on air ticket
- Assisted Hahn Air Lines in regulatory compliances to launch the products of Hahn Air Lines in India
- Appeared in Ahmedabad Court to defend the actions of Hahn Air Lines in implementing the International Air Transport Association (IATA) Resolutions and the Agency Agreement with the travel agents in India
- Represented IATA before the Airports Economic Regulatory Authority Appellate Tribunal on issues relating to Fuel Throughput Charges imposed on airlines by the airport operator.
- Advised IndiGo Airlines on the issue of royalty on food and beverage items payable to Mumbai International Airport Ltd.
- Defended Menzies Aviation Limited, a ground handler, before Airports Economic Regulatory Authority Appellate Tribunal on issues of tariff determination at the Bangalore International Airport arising out of the concession agreement with Bangalore International Airport Limited
- Energy
- Successfully represented Adani Power Limited, a power generating company having installed capacity of 4,620 MW in a landmark case from the lowest forum (CERC) to the highest forum (the Supreme Court of India). For the first time, the Supreme Court adjudicated upon the regulatory intervention and the principles governing contract readjustments in competitively bid-out long-term Power Purchase Agreements
- Represented Sesa Goa Limited in a matter first of its kind – where the status of one of the units of a power plant is converted and granted status of Captive Power Unit while other units remain part of an independent Power Plant
- Represented Tata Power Company Limited on regular basis in matters relating to the generation and distribution businesses of power, particularly on the issue of parallel licensing in distribution business in Mumbai
Poonam has been with the firm for over twelve years. Prior to joining JSA in 2006, she was working in the Chambers of Mr. Amarjit Singh Chandhiok, Senior Advocate and ex-President of the Delhi High Court Bar Association for two years.
