Expertise

Civil Litigation

1. Represented members of the erstwhile royal family of Kota in an appeal in a partition suit pending before the High Court. Led by several senior counsel in this Appeal from time to time.

2. Representing erstwhile royal family of Diggi house in a series of more than 20 cases before various courts in Rajasthan including the Rajasthan High Court. Cases are related to rent disputes, title disputes and declaration suits.

3. Representing heirs of Raja Laxman Singh in several civil suits related to a civil dispute related to a will. The properties are situated in various cities in Rajasthan.

4. Representing House of Rohet in several civil disputes pending before the Board of Revenue, Rajasthan High Court and various trial courts.

5. Represented a leading international brand in a dispute pertaining to a lease with World Trade Park, which is Rajasthan’s biggest shopping mall.

   Constitutional Litigation

1. Representing Commonwealth Human Rights Initiative (CHRI) in a Public Interest Litigation (PIL) filed on prison reforms. Due to submissions to the Court, a reformed prisoner visitor system has been introduced. Prison visitors are public officials and representatives from non-government organisations who conduct prison visits and ensure compliance with the prison manual. CHRI is India’s leading organisation in the field of prison reform and based on their studies and reports, the Court was persuaded to issue detailed directions which had an effect on the lives of thousands of under trial prisoners and convicts. [Rajasthan High Court, CW (PIL) 2808 of 2012].

2. Representing National Commission for Protection of Child Rights (NCPCR) in a PIL on suicides among students preparing for competitive exams. Through reports filed by NCPCR, the Court was persuaded to issue directions to the State to formulate detailed guidelines on hostels, coaching institutions, stress management and counselling for students. This issue was widely covered by Indian national media due to its important and sensitive nature. NCPCR is a statutory body established by an Act of the Parliament whose mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.[Rajasthan High Court, CW (PIL) 99 of 2016].

3. Appearing for NCPCR in a PIL filed after deaths of 109 children were reported in a government hospital due to suspicious reasons. The High Court sought a reply from NCPCR about the reasons for such an incident and to conduct an exercise to affix liability on those responsible for negligence. These deaths have been termed by the media as one of most horrific disasters due to state negligence in the last decade. [Rajasthan High Court, CW (PIL) 391 of 2020].

4. One of the partners was appointed as an Amicus Curiae by the Rajasthan High Court in a case regarding drug abuse among children and adolescents. On the basis of detailed submissions made in the Amicus brief submitted to the Court, directions were given to build Rajasthan’s first de-addiction centre at Ajmer. Directions were also issued to form a committee of senior government officials including Secretaries for the Department of health, police, finance, law etc. to form a comprehensive drug abuse prevention policy and provide separate budgetary allocation for its implementation.[Rajasthan High Court, CW (PIL) 6672 of 2016].

5. Represented Federation of Animal Protection organizations (FIAPO) in a PIL on stray animals and dogs. India faces a huge problem of stray animals which has caused a safety concern for people and animal abuse for stray animals. FIAPO is India’s apex animal rights organisation which was sought to be impleaded as a party in pursuance of an application. Suggestions are being submitted from time to time to ensure animal rights are protected after they are caught by municipal authorities. [Rajasthan High Court, CW (PIL) 21797 of 2017].

6. Representing Animal Aid Unlimited (AAU), which is an international non-government organisation working in the field of animal welfare, in a petition for non-compliance with orders passed by the Supreme Court of India in Animal Welfare Board of India v. A. Nagaraja (2014) 7 SCC 547 wherein, the Supreme Court has laid down guidelines for animal birth control programs which are being blatantly overlooked by the State. [Jodhpur High Court, CW 1304 of 2020].

Company Law

1. Appearing for one of India’s largest hospitality companies in a dispute regarding transfer of shares and a claim of oppression and mismanagement. The market value of disputed shares is around ₹ 25000 million. The case is one of the largest in terms of value at National Company Law Tribunal, Jaipur.

2. Represented an Asset Reconstruction Company in a proceeding to recover money from a Guarantor of a loan amounting to ₹ 500 million before the NCLT, Ahmedabad.

3. Advising one of India’s oldest conglomerates in a series of cases filed by vendors as an operational creditor. Capstone Legal formed a strategy to settle most of the cases through mutual settlement and negotiations. The total value of cases settled through professional help is ₹ 900 million.

Due Diligence

1. Advised a leading food park development company in due diligence of land - including title verification, revenue records procurement, encumbrance check etc. for a food park in Bundi district.

2. Advised a leading Cement manufacturer in development of a green field plant in Nagaur district. This included procurement of all government licences in addition to land due diligence.

3. Advising a leading renewable energy company in carrying out due diligence exercise for setting up a solar power project. Permission from Rajasthan Renewable Energy Corporation Limited, Pollution Control Board and other statutory authorities was a part of the mandate fulfilled by Capstone Legal.

4. Advising a leading hotel chain in conducting due diligence exercise for purchasing a hotel in Pushkar. The hotel is now leased to one of India’s largest hospitality chains.

5. Advising a foreign owned & controlled entity in purchase of a company with assets in three states. The exercise is being conducted in association with an international law firm.

Criminal Law

1. Appeared on behalf of the ballistic expert in the infamous Jessica Lal Murder case (led by Mr. K V Vishwanathan, SA) in the Supreme Court. The ballistic expert was accused of giving a false report upon examination of cartridges. Proceedings were sought to be initiated against him for perjury upon an application filed in the High Court. On Appeal, the Supreme Court decided the scope of expert witnesses and perjury and set aside the proceedings against the ballistic expert. [Supreme Court of India, Criminal Appeal 9-10 of 2016]

2. Represented the accused in a petition where the primary issue was recalling a witness after cross examination under Section 311 of the Code of Criminal Procedure, 1973. The petition was partially allowed and the case was made reportable by the High Court.

3. Appeared on behalf of a father wrongly accused of killing his own daughter. The case was argued before the Sessions Court and the father was acquitted after a full trial of murder. He was however convicted for manslaughter without intent. Upon appeal in the High Court, the sentence was suspended upon a full hearing.

4. Represented the Chief Executive Officer, Chief Financial Officer and Chief Information Officer of India’s leading IT company in securing a favourable order of quashing the first information report (police report) by the High Court in a case involving allegations of corporate fraud.

5. Represented a billionaire entrepreneur accused in a case accused of corporate fraud. The police report was eventually quashed based on documents by the Hon’ble High Court.

6. Representing a former public official accused of accepting illegal gratification in the course of his duties. It is a high profile case which was covered by leading newspapers. [Anti Corruption Court, Jaipur].

7. Appeared for a main accused in a case where allegation of gang rape was made against six accused. Chargesheet has been filed by the police and cognisance has been taken by the Sessions Court. [Additional District & Sessions Judge, Bharatpur].

8. Representing the complainant, who is a member of an erstwhile royal family in a First Information Report and subsequent police investigation related to forgery of a will.

9. Represented and advised Ramkrishna Mission in a case filed alleging robbery, criminal intimidation and other allegations. The case was later published in leading magazines such as India Today.

10. Representing the promoter of a leading hospital in Delhi in a petition challenging FIR lodged alleging fraud, criminal intimidation and forgery of documents related to an oil Public Sector Undertaking.

Energy Law

1. Representing Ultratech Nathdwara Limited in two petitions filed by Rajasthan Renewable Energy Corporation Limited (RRECL) for compliance with RPO obligations. The petition was dismissed against Ultratech by a detailed order passed by Rajasthan Electricity Regulatory Commission.

2. Represented a rooftop solar company in a petition seeking permission to operate within the state of Rajasthan and seeking amendment in the powers of DISCOMs with respect to disconnection for non-payment of dues. Specific directions were issued by RERC favouring the petitioner.

3. Representing Rajasthan Steel Chamber, which is an association of steel re-rolling mills challenging fuel charge calculation due to change of regulation in 2019. Another challenge by the Chamber also includes a levy of special fuel surcharge.

4. Representing rolling mills in Ajmer in a challenge to increase in electricity duty before the Rajasthan High Court by challenging the notification issued by the Government. In pursuance of the stay order passed, the government was constrained to issue a fresh notification in suppression of the notification under challenge.

5. Advising salt manufacturers in Sambhar and Nawa on illegal calculation of electricity charges by Ajmer DISCOM. The levy was challenged before the Principal Seat at Jodhpur and all demands were set-aside by a detailed order.

Taxation Law

1. Represented Binani Cement Limited in an application under the VAT Act, 2003 for granting installments in pursuance of a demand for payment of ₹ 4,000 million along with interest of ₹ 2120 million. Led by Mr. S. Ganesh SA, Mr. Amrendra Sharan SA, Mr. R.P. Singh SA, Ms. Bansuri Swaraj in this case.

2. Representing Century Metals Private Limited, India’s leading aluminum scrap importer, in a set of six appeals filed by Union of India before the High Court. Total tax value demanded is ₹ 400 million.

3. Representing numerous companies in the ship breaking industry in an appeal filed by Union of India before the Tax Tribunal for setting aside a clandestine removal allegation which was set-aside by the Commissioner Central Excise.

4. Represented Twenty First Century Wire Rod Limited in an Article 32 Writ Petition seeking special permission to waive pre-deposit in light of the poor financial condition of the company. Total tax value involved was ₹ 1,500 million.

5. Representing a leading manufacturing company in an appeal filed regarding classification of coal imported from South Africa and Indonesia, on the issue of characterization of the coal. The Appeal has now been transferred to a Special bench constituted on the directions of Supreme Court of India. The total tax demanded in appeal is ₹ 320 million.

6. Representing a leading company in a writ petition challenging illegal search and seizure of documents from the premises of the company during a raid. Led by leading tax lawyer J.K. Mittal in this case.

7. Appearing for a series of iron and steel traders and directors of companies accused by DGGI for issuing fake GST invoices and availing input tax credit. Chargesheet has been filed in some cases and the rest are pending investigation. The total disputed amount for all cases is around ₹ 600 million.