Overview
Abhishek Emmanuel Kisku currently serves as a Partner at Luthra and Luthra Law Offices India and is part of the Dispute Resolution practice. He possesses expertise in mainly civil disputes including corporate and commercial disputes, insolvency & bankruptcy matters, and alternate dispute resolution.
His specialization includes arbitrations, special leave petitions and writ petitions, debt recovery proceedings through proceedings before the DRT, civil suits or ADRs, banking and financial matters including proceedings before the NCLT under IBC. Abhishek has also assisted clients in criminal matters, particularly white-collar crimes and cross-border enforcement of decrees and awards, assisting foreign corporations, including international banks, in enforcing foreign awards and decrees within the Indian legal system.
Throughout his career, Abhishek has appeared before various Courts and Arbitral Tribunals across India, including the Hon’ble Supreme Court of India and several High Courts. He has also represented clients before National Company Law Appellate Tribunal (NCLAT), National Company Law Tribunals (NCLT) in New Delhi, Mumbai, Chandigarh and Kolkata, Debt Recovery Tribunals (DRT) at Delhi and Jaipur, Debt Recovery Appellate Tribunals (DRAT), among others.
Experience Statement
- Representing Kroll Group, which is a global financial and risk advisory Firm, in a civil suit filed for recovery of monies based on damages under torts to the tune of USD 5 Billion, alleged to have caused destruction of large diamond business of the Plaintiff. The law involved is Indian Law along with the usage of international convention and treaties. The case is significant as this is one of the first and few cases in India which deals with the issue of breach under tort at this scale, which includes the tort of conspiracies against the client including authorities of the Government of India and will lay down jurisprudence on this subject.
- Represented Mauritius Commercial Bank (MCB) in litigation in Hyderabad against Hestia Holdings which is a wholly owned subsidiary of a company in Hyderabad. The said litigation was for the enforcement of a foreign decree obtained by MCB directing Hestia to repay the loan of USD 20 Million. The case is one of the few cases which deals with the enforceability of a foreign decree in India, involving issues such as what is a decree on merits, under what circumstances an ex-parte decree can be enforced etc. which has been upheld by the Supreme Court of India.
- Advised and assisted Escorts Heart Institute and Research Centre Limited before the Sole Arbitrator Mr. Justice (Retd.) Madan Lokur, Former Judge, Supreme Court of India in an arbitration proceeding initiated against it for an alleged wrongful termination of several pharmacy agreements. In the same proceedings, he has also successfully argued client’s Counter Claim and achieved a favourable Award on the same.
- Advised and represented ANI Technologies Pvt. Ltd. (Ola Cabs) in a number of litigations pending adjudication across various jurisdictions in India in relation to disputes over the regulatory framework within which Ola cabs is to operate. Matters includes a Writ Petition before the High Court of Calcutta challenging ban orders against Ola issued by the Government of West Bengal as well as the applicability of the existing taxi licensing scheme to Taxi Aggregators such as Ola.
