Vishrov Mukerjee

Vishrov Mukerjee, Partner, JSA

Vishrov specializes in litigation with a focus on disputes in the power and infrastructure sectors.

He handles matters relating to tariff fixation, fuel supply issues, contractual and regulatory issues including extension of time and cost claims, change in law, recovery of tariff and fuel cost pass through.

He represents leading developers in arbitration proceedings in the power and highway sector involving claims of breach, force majeure, recovery of costs and EPC disputes. He also advises clients on commercial disputes including relating to supply contracts and disputes in the IT/ITES sector.

Vishrov is also representing leading renewable energy companies in litigation pertaining to reduction and non-payment of tariff, renewal of existing PPAs and change in law claims.

He has also advised clients on challenges to environment clearances, regulatory proceedings before National Green Tribunal and project implementation issues such as tree felling, setting up of bird diverters and other environmental matters.

He regularly appears and argues matters before the Hon’ble Supreme Court, Tribunals and Commissions and arbitral tribunals

Before joining the Disputes Practice, Vishrov was in independent practice dealing with Civil, Criminal and Arbitration matters. He has also worked with the Firm’s Corporate Commercial Team.

 

Memberships

Bar Council of Delhi

 

Publications

  • Can IBC override existing contracts? Why giving primacy to insolvency law may set a wrong precedent” published in ET Rise, January 18, 2021
  • Economic Deprivation and the Right to Property”, published in EPC World, December 24, 2020
    Energy Storage in India – a perspective”, published in ET EnergyWorld, May 27, 2020
  • Systemic changes required to resuscitate India’s energy sector”, published in Corporate Dispute Resolution, June, 2018
  • What was ‘mine’ is now yours for a fair price” published in Moneycontrol.com, April, 12, 2017

 

Education

B.A. LLB, National University of Juridical Sciences, Kolkata (2007)

 

Languages

  • English
  • Hindi
  • Bengali

Some of the key assignments handled by Vishrov are:

  • Represented clients in matters before the Hon’ble Supreme Court in relation to COVID-related packages and measures announced by Government of India and RBI.
  • Represented Sasan Power, GMR, GVK and RattanIndia in change in law matters before Central and State Electricity Regulatory Commissions. The CERC Orders in change in law are precedent-setting on the basis of which subsequent change in law claims have been allowed by various Regulatory Commissions.
  • Represented Association of Power Producers and several power companies in proceedings before the Hon’ble Supreme Court challenging the 12th February RBI Circular which was ultimately quashed. This was the first instance of an RBI Circular being quashed.
  • Representing developers in disputes with NHAI and State Authorities relating to highway contracts.
  • Representing various renewable projects in relation to extension of PPAs in Maharashtra.
  • Representing clients in proceedings before the Andhra Pradesh High Court in relation to reopening of PPAs and reduction of tariff by AP Discoms.
  • Advising and representing gas-based generating stations in Andhra Pradesh in their ongoing litigation for recovery of capacity charges and other PPA related issues like use of alternate fuel, invocation of letter of credit.
  • Advising a leading IT/ITES company on its disputes with suppliers.