Majmudar & Partners

Majmudar & Partners has a top-notch corporate/M&A practice which is well regarded in India and abroad. We advise overseas and domestic clients on a wide range of corporate issues, strategic M&A, joint ventures, corporate restructuring, and general corporate work. We are a market leader in corporate transactions in the sectors of industrials, technology, life sciences, insurance and consumer.

We have an established and leading dispute resolution practice (including litigation, arbitration and white-collar work).  We represent top companies, national and international banks, and financial institutions. Our dispute resolution team believes in making every effort to provide practical solutions with reasonable speed to its clients, which can make or break a case in India. The work primarily comprises advising on litigation strategy relating to civil and criminal actions across India; and drafting, filing, and prosecuting actions for money recovery, injunctive relief, commercial and banking disputes, IP infringement, etc. Our dispute resolution and litigation team is well trained in representing clients before various judicial authorities in India and has been credited for its business solutions, which have saved many clients from the inordinate delays of the Indian judicial system.

Recent Transactions

• Positronic Inc. on a dispute relating to industrial land owned by its Indian subsidiary, Positronic Interconnects Private Limited, in Pune, India. 
• MNP Interconnection Telecom Solutions India Pvt. Ltd in proceedings filed by Bharti Airtel Limited before the Hon’ble Telecom Disputes Settlement & Appellate Tribunal. 
• Asia Capital Reinsurance in carrying out winding-up and insolvency related searches at the National Company Law Tribunal against Punj Lloyd Ltd., an Indian corporate defaulter, primarily, to ascertain whether proceedings were filed against it and to advise on the status of these proceedings. 
• Pelliconi & C.S.p.A. before the arbitral tribunal in Mumbai regarding the termination of the Sale and Purchase Agreement and Shareholders Agreement, and Section 17 applications (filed by both parties in dispute) under the Arbitration and Conciliation Act, 1996.
• Cooperativa Muratori & Cementisti – CMC di Ravenna on a joint venture dispute.
• NP Bridging as regards a petition filed by SOWIL Limited before the Industry Facilitation Council, MMR Region, Mumbai, under the Micro, Small and Medium Enterprises Development Act 2006, and helped in finalizing replies. Also advised the client on strategy to defend and to go on the counter offensive.
• Rabigh Refining & Petrochemical Company against a breach of contract by a UAE entity. 
• The Solution House UK Ltd. on recoveries from an Indian entity in relation to supply of defective goods. 
• JSC Energony on possible remedies against an Indian entity under the Insolvency & Bankruptcy Code. 
• Intertape Polymer Group Inc. on a dispute challenging an order passed by the Collector, Daman, declaring a part of the factory land of IPG’s wholly-owned Indian subsidiary, Powerband Industries Private Limited, as government land.
• Jeumont SA, France in enforcing in India an ICC arbitration award and representing it in execution proceedings before the Bombay High Court.
• Ceres BioSystems in its dispute with Gujarat State Fertilizer and Chemicals Limited, arising out of a breach of contract.
• SABIC UK Petrochemicals Limited in executing a foreign judgment against Punj Lloyd Limited and in winding-up proceedings in the Delhi High Court.
• Wockhardt Limited in a dispute in connection with the cancellation of Wockhardt Limited’s license for manufacturing and distribution of drugs.
• Clariant Chemicals (India) Limited in a dispute in connection with the recovery from another major pharmaceutical company of a claim of reimbursement of service tax, which was introduced by the Government of India with retrospective effect.
• Hongkong and Shanghai Banking Corporation Limited in a dispute in connection with the dishonour of cheques tendered for due repayment of liability under availed credit facilities.
• Dhanlaxmi Bank Limited in a dispute in connection with the attachment of assets of Dhanlaxmi Bank Limited, before the Bombay High Court.
• Punjab National Bank in a dispute in connection with the enforceability of the loan and security documents against a borrower company in default, and its guarantors.
• Axis Bank Limited on the enforcement of decrees passed by the Bombay High Court in connection with the recovery of Axis Bank Limited’s security deposit amounts under license agreements.
• Hertz International Limited in a dispute under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Carzonrent in the Delhi High Court against the international arbitration award rendered in favor of Hertz International Limited.

Majmudar & Partners’ employment law practice is one of the best in India and has been so recognized by several legal research directories. The core work comprises advising and drafting employment and consultancy agreements, structuring HR policies for organizations, advising on retrenchment and termination of employees, advising on contract labour laws and local Shops and Establishments Acts, structuring stock options and employee benefits agreements, and counseling companies on the practical aspects of Indian employment laws.

Recent Transactions

• Morneau Shepell Limited (now LifeWorks) on Indian employment law issues in connection with its Indian subsidiary.
• FrontdoorGlobal Holding Company I, Inc. on drafting and finalizing different employee policies, standard employee offer letters and employment termination documents for its subsidiary, Frontdoor India Private Limited.
• GlobalEnglish on Indian employment law issues in connection with its Indian subsidiary, Agile English India Private Limited.
• KeepTruckin, Inc. on Indian employment law issues in connection with its Indian subsidiary, KeepTruckin India Private Limited.
• Tecnimont Private Limited on Indian employment law issues, including advice on the building and construction workers law in India and compliances for payment of cess.
• Ministry of Business, Innovation and Employment, New Zealand, on Indian employment law issues in respect of termination of employment and separation documents.
• EisnerAmper (India) Consultants Pvt. Ltd. on Indian employment law issues in relation to the Indian government’s lockdown measures on account of the COVID-19 pandemic.
• Ridgemont Equity Partners on Indian employment law issues pertaining to execution of an exclusive services agreement with a Chennai-based company in the technology sector.
• Maven Silicon Softech Pvt Ltd. regarding the validity of employment bonds, as also drafting the employment deed and other requisite documents for onboarding of employees.
• Minance Technologies Private Limited on the actions to be taken for data theft and violation of confidentiality obligations by ex-employees.
• Hamburg Sud India Private Limited in drafting employment agreements and separation documents for change of a whole-time director of its Indian subsidiary.
• Kamstrup A/S on Indian employment law issues in connection with termination of engagement of a managerial level employee of its Indian subsidiary.
• Availity LLC on Indian employment law issues in connection with termination of engagement of a managerial level employee of its Indian subsidiary, FORE Support Services India Private Limited, and in reviewing the separation documents.
• International Game Technology PLC (NYSE: IGT) on employment law and corporate governance implications in connection with separation of senior level employees of its Indian subsidiary.
• NerdWallet, Inc., a US-based fintech company, on Indian employment law issues in connection with its Indian subsidiary, NerdWallet India Private Limited.
• Demant A/S on the Indian law implications of engagement of employees in India by a foreign company.
• Novum Holdings UK Ltd. on reduction of employees as part of closure of operations in India of its subsidiary, including the best option for reduction of employees and on the documentation required for resignation or termination of employees in India.
• OANDA India Private Limited, the wholly owned subsidiary of Oanda Corporation, in drafting separation documents for all employees as a part of the wind down process.
• Gallup Inc. on retrenchment issues in connection with its Indian subsidiary.
• United Retirement Plan consultants, Inc. on complex Indian employment law issues about an entity to be incorporated in India.
• Solmax International Asia Pacific Sdn. Bhd. on Indian employment law issues in connection with termination of employment of a senior level employee.
• CHEP South Africa on Indian employment law issues in connection with its Indian subsidiary, CHEP India Private Limited.
• Goglio S.p.A., Italy in drafting a comprehensive agreement for a senior level employee of its Indian subsidiary.
• Rofu (HK) Ltd. on Indian employment laws with special reference to the impact of foreign exchange and income tax laws on the foreign parent employing personnel in India and in preparing a detailed employment contract for such employment.
• H&R Block on Indian corporate and tax law issues in relation to the grant of employee stock options to certain employees of its Indian subsidiary, and certain sexual harassment matters in India.
• Empaxis Data Management on Indian employment law issues in connection with its Indian subsidiary, Empaxis Data Management India Private Limited, and in drafting and finalizing employment agreements, a comprehensive human resources manual for its employees, and payroll and recruitment agreements.
• Essence Group Holding Corporation on the release and separation of the employees of its Indian group company, Lumeris India Private Limited.
• Hearfon Systems Private Limited on drafting an offer letter and advising on a matter where a resigned employee had filed a complaint with the labour authorities.
• Valagro S.p.A on drafting and finalization of a country manager and whole-time director agreement for its subsidiary company in Hyderabad, and on the legal requirements and issues related to termination of employees in India.

Well known for its insurance regulatory advisory capabilities and setting up insurance joint ventures.

Recent Transactions

• Ambridge Partners, USA, on matters related to insurance coverage: (i) in respect of a prominent tax case pending before the Supreme Court involving Clifford Chance; (ii) in relation to a matter pending before the Authority of Advance Rulings; and (iii) on a transaction in which it was going to provide tax indemnification and insurance to Summit Partners on a purchase of shares of Calypso Technology, Inc.
• Liberty Global Transaction Solutions on Indian tax matters on a potential M&A insurance deal that Liberty was looking at in India.  
• CIGNA International Corporation in respect of the proposed replacement of TTK Group, an Indian conglomerate, by the Manipal Education and Medical Group as the Indian joint venture partner in its Indian joint venture, CignaTTK Health Insurance Company Limited (CignaTTK).
• Axis Bank on a major investment in Max Life Insurance Company Limited and also on its stake acquisition in the mega merger of HDFC Life and Max Life, which has been one of the largest insurance deals in India.
• CPP Assistance Services Private Limited on various Indian insurance laws in respect of its card protection services.
• Mapfre Asistencia on insurance broking laws in India.
• Globality S.A. on Indian insurance law issues.
• Netafim Irrigation India Pvt. Ltd. on maintainability of its claim under a Fire and Special Perils Policy and Consequential Loss Policy.
• CNP Assurances S.A. on its proposed insurance joint venture project with a large Indian company.

Well-established practice assisting global organizations in safeguarding their intellectual property assets (trademarks, copyrights, designs and patents) in India.

Recent Transactions

• Technicolor Trademark Management on trademark renewal and change of proprietor address.
• Foodcare Sp. Z o.o. in issuing a cease and desist legal notice on a Delhi-based distributor, seeking to refrain the distributor from passing-off their product under an unregistered trademark.
• Horseware Products Limited, a leading manufacturer for equestrian life, and filed two trademark applications.
• Carl Freudenberg KG in prosecuting its trademark applications in India.
• Eddie Bauer Licensing Services LLC in prosecuting its trademark applications in India for the mark FIRST ASCENT.
• APN Health, LLC on an investment by an Indian resident in APN Health, LLC, by way of a share subscription, from a regulatory and IP perspective.
• GlobalEnglish Corporation on issues relating to assignment of intellectual property rights by the employees of a service provider and by the service provider to the service recipient pursuant to a stock purchase transaction involving GlobalEnglish Corporation.
• Brighthaven Ventures, L.L.C. on a major contract concerning sub-licensing of its intellectual property rights to an Indian pharmaceutical company.
• Woolmark Services India Pvt. Ltd. and represented it before the Trademark Registry in matters involving infringement of one of the world’s most well-known trademarks, “Woolmark.”
• QA Systems GmbH in responding to objections raised by the Trademark Registry on an international trademark application.
• Temple Wellness Ventures LLP on IP and regulatory issues with reference to a distribution contract for a neutraceutical and wellness products in India.
• European Renal Association – European Dialysis and Transplant Association (ERA-EDTA) and assisted in preparing and sending legal notices in a complex case of passing off involving fraud.
• TA PDI Holdings, Inc. on a major Indian IT company acquisition involving major IP ownership issues.
• Appear TV AS on the legal steps and issues in connection with infringement / passing off of its domain name.
• Escapology LLC and Escapology Guernsey Limited in a passing-off claim against its ex-business partners.