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Neeraj Kumar
CS, LL.M., MBA (Finance), LL.B.
Mob: +91 9313127275 (India)
email: dr.neeraj@outlook.com
Address:101, Tower 9, Vipul’s Green,
Sector 48, Gurgaon
Company Secretary, MBA (Finance), LL.M. and LL.B., an exposure of around 14 years including 10 years of Energy,
Oil and Gas, Infrastructure, Business Development, Engineering Procurement Construction Contract (EPC),
Drilling Contracts, Production Sharing Contracts, FIDIC, Public Private Partnership, Procurement, Bank
Guarantee, Project Finance, Closure of Accounts, Balance Sheet finalization, Internal Audit, Litigation &
International Arbitration, in various jurisdiction India, Singapore, Malaysia, Indonesia, UAE, Oman, Kenya.
Presently associated as Sr. Legal Counsel cum Company Secretary, with Abengoa Group, DGEN Transmission
Ltd, from September, 2015 and handling matters related to EPC, Project Finance, Procurement, Bank Guarantee, Bid
Process Advisory, Risk Management, Corporate Laws, Compliance, FEMA, RBI, Litigation & Arbitration.
And also associated with University of Petroleum and Energy Studies, Dehradun as Visiting Faculty for Energy
Laws, Upstream
Professional Experience:
General Manager, Austen Group, Nairobi, Kenya
Duration: February, 2013 to August,2015
Legal Advisor,Feedback Ventures Private Ltd, Gurgaon
Duration: April, 2010 to January, 2013
Senior Associate,Singhania & Partners, Delhi
Duration: July, 2008 to April, 2010
Advocate,Supreme Court of India
Duration: July, 2005 to July, 2008
Member, Magadh Stock Exchange Association,Patna
Duration: July, 1995 to July, 1999
Membership of Professional Associations:
Member, Supreme Court Bar Association. Membership No. 179/2005
Member, Bar Council of Delhi, Membership No. D/2106/2005
Associate Member, Institute of companies Secretaries of India, Membership No. 39720
Professional Qualification:
LL.M. in Energy Laws, from University of Petroleum and Energy Laws, 2014
M.B.A. ( Finance) from ICFAI University, Hyderabad, 2010
Company Secretary, from ICSI, India, 2010
LL.B. from Campus Law Center, University of Delhi, 2002-05
B.A. from University of Delhi 1998-2001
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Profile Summary
Infrastructure, Energy & Public Private Partnership
Review of RFPs and Agreements, Bidding Process issued by Indian Government departments, agencies or
undertakings and foreign, International funding agencies e.g. World Bank, ADB.
Truncation & Policy Advisory to Government of India for Energy, Power projects, Port, Highway, Skill
Development..
Oil & Gas:
Advisory on the issues related to Oil & Gas sector including of exploration and Production Sharing, foreign
law and political risk analysis, joint operating agreements, shareholder agreements. construction of energy
infrastructure, off take agreements, supply agreements, insurance, trading and transportation of crude, gas
transportation etc.
Upstream Contracts drafting and vetting of exploration and production sharing agreements, joint operating
agreements, shareholder agreements, licenses including assignment and novation, foreign law and political risk
issues.
EPC/EPIC Contracts: experience of advising operators and contractors in relation to oil and gas construction
projects, from the tender process through contract negotiation, to disputes, litigation and arbitration.
Power:
Review of Ministry of Power and advised Power Finance Corporation for development of Power Projects.
EPC Contract ; Drafting & Vetting of EPC Contract for Transmission Lines, Power Project, Facility
Agreement, Joint Venture Agreement, Project Finance etc.
Handled disputes including Arbitration & Litigation related to EPC Contract with Employer, Supplier & Sub
Contractor.
Handled Insurance disputes with Insurance Companies and other Sub Contractor.
Advised for the Tender Process related to Power Grid, Railway, NHAI, State Infrastructure Board.
Advised for selection of developers on tariff based competitive bidding documents for Talwandi Saboo Power
Ltd, 1800 MW Coal Based Thermal Power Project and Drafted and Vetted Agreements including procurement
Agreements Power Purchase Agreement, Share Purchase Agreement, Escrow Agreement, Hypothecation
Agreement, Concession Agreement, Facility Agreement, Loan Agreement, Trust & Retention agreement.
Advised for selection of developers on tariff based competitive bidding documents for Nabha Power Ltd 1200
MW Coal Based Thermal Power Project and Drafted and Vetted Agreements including procurement
Agreements Power Purchase Agreement, Share Purchase Agreement, Escrow Agreement, Hypothecation
Agreement, Concession Agreement, Facility Agreement, Loan Agreement, Trust & Retention agreement.
Highways & Port:
Advised for the Development of National Highway stretches- Raiganj- Dalkola, Parwanoo-Solan, Farrakka
Raiganj, Patna- Mujaffarpur, Hajipur- Mujaffarpur, Muradabad- Bareilly, Kundapur – Suratkhal, Kudappa –
Kurnool, and Ranchi- Hazaribagh in PPP format.
Transaction Advisory Services for development of Multipurpose Cargo Handling Facilities at Kandla Port
Trust, India from April, 2010 to January, 2014 on PPP mode.
Review of Policy of Ministry of Shipping and advised to Kandla Port Trust accordingly for development of
Projects.
Review of policy of MoRTH and advised NHAI and Private Bidders.
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Corporate Laws
Advised clients on matters related to Corporate Law in accordance with prevailing legal provisions in v arious
Jurisdiction such as Dubai, Oman, Singapore, Malaysia, Kenya, etc.
Assisted companies to enter the market in the GCC and African region and advised on different forms of
establishment, including partnering and joint venture type arrangements.
Provided Legal advice & due diligence on M&A transactions, cross border deals.
Drafting and vetting of Joint venture Agreements, share purchase and holding agreements including but not
limited to the issues related to limitations of foreign share holding and local sponsor, buy back of share, along
with tag-along right, drag- along right, Worked out method of valuation of shares in case of bye back,
mechanism of protection of interest of foreign investors in India and Foreign Jurisdiction.
Handled the Board and General Meeting of the Company, Preparation of Minutes of the meeting, Filing the
returns with ROC etc. ensure compliances as per the provision of the law related to secretarial functions.
Provided legal opinion on issues arising from actual or anticipated lawsuits and guarded against legal risks
facing the company.
Handled assignment of more than 100 Trademark from Dabur Pharma Ltd to Fresenius Kabi Oncology
Limited.
Handled assignment of more than 100 Trademark from Fresenius Kabi Oncology Limited to Alembic Ltd.
Handled assignment of more than 100 Trademark from Alembic Ltd to Alembic Pharma Ltd.
Experience of engaging/ briefing / interaction the Senior/ expert / external Counsels in India and other
Jurisdiction.
Litigation & Arbitration
Practiced before the Supreme Court of India from 2005 and participated in various Corporate, taxation and
Civil and Corporate matters in the form of SLP, Appeal, and Arbitration.
Participated in International Arbitration & Litigation, Appointment of Arbitrator, Interim Relief, Appeal
against the award of the of the Arbitrator.
Represented Iranian Oil Corporation against ONGC before the Supreme Court of India in International
Arbitration.
Represented Fresenius Kabi Oncology Limited in multiple Writ Petitions before Bombay High Court.
Participated in a dispute related to pipeline in which theft of oil was alleged against my client in Kenya.
Participated in a dispute in which theft of 100 Billion Kenyan Shilling was alleged against my client in Kenya.
Participated in Liquidation Proceeding before the High Court and Supreme Court.
Advised to one of the oil companies in Kenya on dispute related to Kenya Pipe Line and Kenya Commercial
Bank.
Technical Skills: MS Word, Power Point, Excel, Financial Modelling etc.
Languages known: English, Hindi
Date of birth: 2nd April 1976
Date: November 30, 2015
Neeraj Kumar