UTKARSH TIWARI
Phone : +91-9560657447
Email : utkarsh.tiwari@aulegalservices.com
Website : www.aulegalservices.com
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Professional Experience
Utkarsh is a lawyer with over seven years of post-qualification experience. He has handled matters related to liquidation of companies, amalgamation of companies, direct and indirect taxation and represented Government offices before Courts.
He has worked for several companies and structured the Franchise business along with contracts involved in franchise business, under Advocate on Record, Supreme Court of India. He has proficiently handled regulatory disputes, litigation disputes of Multinational E-commerce entity and worked on wide array of matters in Commercial disputes.
Utkarsh has also been instrumental in takeover of companies including that of Bevzilla and Khelgully, wherein he curated the definitive amalgamation agreements and took care of complete transfer of share rights and investment.
Presently, he is a legal practitioner based in New Delhi, India. His practice primarily focuses on corporate litigation and alternative dispute resolution matters and he handles a wide portfolio of clients including e-commerce start- ups as well as private individuals across India.
Utkarsh regularly advises and represents clients in the realm of commercial disputes, Arbitration matters, consumer protection laws, insolvency, corporate laws and taxation laws and holds a position of Partner in AU Legal Services.
Detailed Work Profile as a Partner in AU Legal Services
- Corporate Advisory to Amazon and also handled additional responsibilities of preparing local counsels, explaining legal strategy and arguments to local counsels, circulating notes for hearing for consumer cases and civil cases all over India.
- Worked closely with AZB & Partners for the E-commerce
- Managing litigation for the office of the Official Liquidator of the Bombay High Court in various matters in New Work involved drafting of pleadings, appearing and arguing for the office of OL before the Delhi District Courts.
- Drafting of Petitions U/s 11 for appointment of Arbitrator in Arbitration and Conciliation Act, 2019.
- Representing clients before the Arbitral Tribunals and MSME Councils. Popular case involved a domestic arbitration wherein two manufacturing companies were involved to recover their dues, wherein the Respondent company has already filed a civil suit and the principle of Resjudicata under Section 10 of CPC, 1908 was applicable on the arbitration proceedings.
- Worked on multiple Drafting of Franchise Contracts, Licensing Contracts, Vendor Agreements, Real estate Agreements, Joint Venture Agreement.
- Worked on multiple Due Diligence exercises
- Worked on Drafting of Writs, Suits, Bail Applications, procedural applications, reply, replication, rejoinders. Also worked on cases u/s 138 of Negotiable Instruments Act and drafting of
- Handled IPR, privacy issues, data theft, contractual disagreement for a well-known Automobile startup in India.
- Conducting Arbitration of Commercial matters in partes Arbitrator. Popular case involved a case of a company whose directors and guarantors were proceeded against by a major Insurance company and received an Arbitral Award from Sole Arbitrator. Delhi High Court U/s 37 of the Arbitration and Conciliation Act, 2019 set aside the award and appointed Mr. Sunil Agarwal as Arbitrator.
- Popular case of International Taxation involved the world’s largest alternative asset manager through its fund management company in Singapore seeking credit of taxation pursuant to Tax Residency Certificate from Income Tax Department, where after days of effective hearing Delhi High Court refused the Petitioner (Fund management company) any relief.
- Managing litigation for the office of the Official Liquidator of the Bombay High Court (“the office of OL”) in various matters in New Delhi. Work involves drafting of pleadings, appearing and arguing for the office of OL before the Supreme Court, National Consumer Disputes Redressal Commission and District Courts.
- Successfully argued an arbitration matter for advertisement printing company, before the MSME Council and then handled Arbitration.
PUBLICATIONS
- Article on the topic – Centralised Collection Mechanism in the Stamp Duty Amendment Act, 2019 in relation to Merger and Acquisition, published in Ipleaders Blog What is the Centralized Collection Mechanism and how does this impact Stamp Duty?
- Article on the topic Director’s Duty in case of Takeover, published in Ipleader Blog Director’s duty in case of takeover – iPleaders