Luthra and Luthra

Divij Kumar

Partner

Contact

+91 11 4121 5100

divijk@luthra.com

Overview

Divij joined as a Managing Associate and was made a Partner in the dispute’s resolution team of the Firm in 2019.

As a Partner, Divij has advised and represented numerous clients in disputes pertaining to Arbitration & Conciliation Act, Writs/Public Interest Litigation, Insolvency & Bankruptcy Code, Recovery of Debts due to Financial Institutions Act, SARFAESI Act, Sick Industrial (special provisions) Act, winding up, oppression and mismanagement, contractual disputes, suits for recovery, property disputes, consumer laws, matters related to negotiable instruments, banking laws and labour disputes.

Divij has extensive experience in conducting trial in civil proceedings. He has also represented three DISCOMS at the Hon’ble High Court of Delhi, as well as before the DERC, APTEL and CGRF.

Experience statement

  • Represented a leading Non-Banking Financial Company (NBFC) before the Hon’ble Supreme Court of India in a Special Leave Petition (SLP) filed by a Corporate Debtor, wherein the Corporate Debtor raised a question as to whether proceedings under the Arbitration and Conciliation Act, 1996 and Insolvency & Bankruptcy Code, 2016 (IBC) can take place simultaneously. The Hon’ble Supreme Court dismissed the SLP and held that a joint reading of Section 14 and Section 238 of the IBC does not stipulate any bar in invoking provisions of the Arbitration Act simultaneously.
  • Represented a leading NBFC before the Hon’ble Supreme Court of India in a SLP filed by a Borrower, wherein the questions raised were whether arbitration and SARFAESI proceedings can proceed simultaneously and whether SARFAESI Act has retrospective effect. The SLP was dismissed vide a landmark judgment titled M.D. Frozen Foods Exports Pvt. Ltd. v. Hero Fincorp Ltd. (Civil Appeal No. 15147 of 2017).
  • Advising and representing one of the major construction company in the country in a construction dispute with its joint-venture partner. The value of the dispute is INR 200 Crores.
  • Represented NHPC Ltd. in the successful approval of its resolution plan for taking over of Lanco Teesta Hydro Power Limited through Insolvency & Bankruptcy Code (IBC). This was the first time that a state-owned company bagged a project under the IBC.
  • Successfully represented a leading advertisement company wherein the said company invoked the writ jurisdiction of the Hon’ble High Court of Delhi challenging a notice from BSNL, blacklisting the advertising company. Divij successfully argued that the notice of blacklisting was in violation of the Doctrine of Natural Justice, especially when the notice was silent on (a) the breach of the GCC and (b) the repercussions of not replying to the showcause notice.
Bar Enrolment
  • Bar Council of India
  • Bar Council of Delhi

Bar Memberships

  • Delhi High Court Bar Association

Education

  • BA., LLB. – Army Institute of Law, Mohali

Awards / Recognition

  • Recognized as one of the ‘Top Individual Lawyers’ in India Forbes Legal Powerlist for Insolvency & Bankruptcy and Arbitration.
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