Deepak Kumar Thakur

Overview

Deepak is amongst the leading practitioners in the Projects, Energy and Infrastructure practice area with vast experience of more than couple of decades. He concentrates mainly on the project structuring, pre-development and implementation of the projects, project management during implementation stage, operations and maintenance and related aspects, with respect to projects in India or outside.

His practice varies from advising clients under the public private partnerships framework, private arrangement or otherwise, in relation to any aspect of the project. He has also been actively involved in the M&A deals involving project companies, and advising clients on claims and demands arising out of concession/ construction/ development contracts and representing them at the appropriate forums.

Experience Statement

Deepak has acted for and advised on some of the major transactions in sectors forming part of the Projects, Energy and Infrastructure practice area.

AIRPORTS

• CIDCO Limited (Navi Mumbai International Airport Project) – While acting as the Authority’s counsel in respect of the designing, building, financing, operation and management of the Navi Mumbai International Airport, assisting in the evaluation of bids at Request for Qualification stage and Request for Proposal stage, drafting and finalization of the Request for Proposal, Concession Agreement, CNS-ATM Agreement (with Airports Authority of India), State Support Agreement (with Government of India), State Government Support Agreement (with Government of Maharashtra), Non-Disclosure Agreement, Novation Contract, Shareholders’ Agreement and other related Project Agreements, advising on various legal issues raised from time to time arisen during such drafting and finalization of these documents, attending meetings with the Authority, other Government Instrumentalities, bidders, Preferred Bidder and Concessionaire, etc. and advising on day-to-day Project implementation related issues faced by the Authority and the Concessionaire, and further commenting on the EPC Contract provided by the Concessionaire for the purposes of the implementation of the Project.

ENERGY (POWER) – RENEWABLE

• Arcelor Mittal and Nippon Steel Group – While acting as the investor’s counsel, assisted in conducting the legal due-diligence over the renewable energy platform set up in India by Actis (through Sprng Energy) – a global investor in sustainable infrastructure – for a capacity around 2.5 GW of renewable energy including solar and wind, under implementation and operation through several special purpose vehicles.

ENERGY (POWER) – NUCLEAR

• Assystem Energy & Infrastructure (Juridique Groupe), a France located nuclear energy-based company (through Pinsent Masons) – While acting as the legal counsel for the company, assisting it in the structuring for its proposed investment in India, structuring of the project documents that it would enter into with Indian Contractor (Reliance Infrastructure Limited), drafting and negotiating the term sheet/ heads of terms for the project contracts, in relation to the implementation and development of the proposed 9900 MW Jaitapur nuclear power project at Madban village of Ratnagiri district in Maharashtra and in such regard advising on all aspects of its concern.

ENERGY (POWER) – CONVENTIONAL

• Coastal Gujarat Power Limited (a wholly owned subsidiary of Tata Power Company Limited) – While acting as project developer’s counsel for the development of 5 X 800 MW of thermal power project in Mundra District, Gujarat, advising on various aspects of the Project development including Power Purchase Agreement, EPC Contract, Fuel Supply Agreement, Fuel Transportation Agreement, land acquisition related issues, financing documents, Sea Water Intake and Outfall Channel Contract and various other contracts and documents in relation to the project and in such regard also advised on the issues arising in respect of the land acquired under the Land Acquisition Act, 1894 and local laws prevalent in the State of Gujarat.

ROADS AND HIGHWAYS

• National Highways Authority of India (through KPMG India Limited) – While acting as the Authority’s legal counsel, advised on the drafting and finalization of the bidding documents including the Request for Proposal, Concession Agreement and various Project Agreements therein, for the award of the first bundle of 9 toll national highways on toll-operate-transfer (TOT) basis, reviewed the bid submissions made by various bidders, assisted in the bid evaluation, selection of the Preferred Bidder (Macquarie), and execution of the Concession Agreements for such projects between the Authority and the Concessionaires (incorporated by the Preferred Bidder).

PORT (INCLUDING INLAND WATERWAYS)

• International Finance Corporation (Inland Waterways Project) – While acting as transaction counsel for the implementation of the first inland waterways project under public private partnership mode at Kolkata and Patna, assisted in the structuring of the transaction, conducting the due diligence for the implementation of the Project, drafting and finalization of the transaction documents, advising on various legal issues raised from time to time including but not limited to various land related issues under the Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and various land laws applicable in the States of Bihar and West Bengal, assisting in the bidding process for the selection of the preferred bidder for the implementation of the Project, attending meetings with the Inland Waterways Authority of India along with the clients’ representative and the bidders, etc.

URBAN INFRASTRUCTURE (INCLUDING PUBLIC TRANSPORTATION, METRO, ETC.)

• Delhi Airport Metro Express Private Limited (a wholly owned subsidiary of Reliance Infrastructure Limited) – While acting as project developer’s counsel for the Delhi Airport Metro Express Project, advising on the issues arising out of the Concession Agreement in the operations, maintenance and management of the project and the Financing Documents on the issues arising thereunder.