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CV__DEC 2016 160816

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CV__DEC 2016 160816

  1. 1. 1 AMARNATH GHOSE LL.B. Residence: “Rail Vihar”,Flat 237, 2nd Floor, Anandapur,Ward no.108, Kolkata – 700107 Mobile: 9874367186 / Email ID:adv_amar1@yahoo.co.in SYNOPSIS An astute professional having about Fourteen years of cumulative experience in the field of legal services (litigation / non litigation matters / labour and statutory compliances under the applicable laws) with a winning combination of experience, specialization and compassion. An accomplished legal professional having an enriched exposure in the legal arena from law firms to corporates, capable of providing sound legal advice based on thorough analysis of legal principles, procedures and precedents. ACADEMIA  I.C.S.E. from ST. Joseph & Mary’s School in 1995.  I.S.C (Commerce) from Orient day School in 1997.  LL.B from Calcutta University in 2002.  Pursuing from NUJS Diploma in Entrepreneurship Administration and Business Laws from 2016 Computer Skills: Working knowledge of MS Word and Excel. Area of Expertise A. Legal advice and support and co-ordination:  Develop a thorough understanding on the businesses and functional/governance coverage requirements so as to comprehensively assess the impact including of changes in the legal and regulatory regime.  Provide clear and timely advise/ guidance/ leadership to management, businesses and functions, and work closely with Organizations Legal team on the legal matters of the company.  Review / Improve / Enhance internal policies / procedures/documentation in accordance with Legal and regulatory requirements on an ongoing basis.  Handle & review the contracts, claims, disputes or litigation matters on a regular basis and provide updates on the same to management on the legal remedies, legal risk management and actionable taken and/or contemplated to be taken. B. Legal support in growth plans and related activities:  Providing guidance/ assistance/ leadership in legal risk management, advisory, documentation & dispute management to ensure necessary, appropriate and proper legal risk assessment approach & tools and a healthy legal compliance environment. C. Legal support in Property Management:  Ensuring adequate title investigation comfort after scrutinizing and verifying documents.  Provide effective legal support in litigation and management of properties in terms of all the paper work required, transaction management and post agreement support (Manual and Computerised).  Assist in evaluation of land records and conducting a thorough due dilligence for all deals and transactions, highlight concern areas and recommend risk mitigations strategies/options.  Ensuring due Registration of Agreements.  Monitoring and handling properly MIS.
  2. 2. 2 D. Legal support in litigation and non litigation cases:  Handling litigation cases ,recovery of money and appeared before Calcutta High Court, District Courts, Arbitration Matters, CMM Courts, ESI Court and Tribunals and experience of Trial in civil suits before Calcutta High Court.  Researching and preparing cases, drafting of suits, statement of claim, counter claim, complaints, written statement, writs, appeals, evidences etc..  Drafting/Vetting Agreements, Structuring, drafting, negotiating and closing contracts and transactions; Lease Deeds, Leave and License, Business Conducting, Commercial Contracts, purchase order, work order, sub contract agreement, Non-Disclosure Agreement, Master Service Agreement, Tripartite Agreement, Joint Venture Agreement, Power of Attorney replies to show cause notices and other legal correspondences, Gift Deed, etc.  Drafting and negotiating commercial transactions.  Providing legal opinion, briefing, suing and defending the cases.  Handling legal requirements and solving all legal issues independently. and had in-depth concepts of procedural laws and exposure at work in the areas of LAW. E. Skills:  Strengthen the existing legal risk governance framework that integrates legal compliance with the business model.  Provide timely advice to the management/clients on varied aspects requiring adherence by from legal perspective.  Analytical background.  Interpreting and applying legislation and/or policies. F. Legal support in Statutory and Labour Compliances:  Having a very good liason with the government departments and competent in obtaining various Labour and statutory licenses/registration certificates/orders including renewals and also timely filing of all statutory returns, maintenance of monthly registers, etc. under the applicable laws.  Some of my services under the umbrella of statutory and labour compliances also includes: i. Obtaining permission for 365 days operations [exemption from the provisions of Sec 5(1) of West Bengal Shops and Establishments Act 1963 under different notifications] for Retail Stores /I.T. establishments / Non -Nationalized Banks, etc. and permission of employment of women employees working at night shifts to I.T establishments. ii. To obtain permission U/R. 55 of West Bengal Shops and Establishments Act 1963 for maintaining registers in soft copies. iii. To keep track of and update each and every notification/amendment which gets published under the applicable laws. CAREER HIGHLIGHT Flipkart Internet Pvt. Ltd. 6 July 2015 – Till Date Legal Counsel Reporting to General Counsel & V.P – Legal Key Accountabilities  Active participation as Member of the Legal Team and the Zonal Head of Eastern Region with the business and the first point of contact on legal issues arising out of the Channels and the Commercial business.  Advice Business Teams on broad range of legal disciplines, including commercial contracts, Lease of immovable properties, business law, Competition Law, IP, compliance, anti corruption, Global Trade compliance issues, regulatory matters, interacting with Government Officials as well as relevant Industry Groups and ensuring ongoing compliance with local regulatory requirements.
  3. 3. 3  Litigation management including recovery of money from the fraudulent sellers through court and police assistances, labour issues, advice on disciplinary actions.Liasoning with external agencies including counsel and solicitors.  Ensuring full legal compliance with all statutory requirements and for working with internal and external agencies for carrying out legal compliance.  Make sound legal judgment to facilitate business execution, while also minimizing risk.  Liaison with local authorities both on Regulatory and other aspects and provide General Legal advice to the Business teams, Finance, Brand Protection, Corporate Fraud Investigations.  Excellent in working knowledge on commercial contracts, including technology sales, Distributor/Agency Agreements, License and Services Agreement,3PL, Business law, Non- Disclosure agreements and competition law basics with ability to negotiate, draft and review complex Agreements, petitions, evidences,written arguments,etc. in high pressured environment.  Balancing priorities and Risk with Business benefits.  In-house experience in a sales organization, dealing with executives and strategic customers  To act as a trusted advisor of the senior management and to enable and guide the stakeholders to take judicious decisions and developing and implementing processes in respect of Legal Due Dilligence and Documentation, supply chain issues and avoiding litigation and resolving escalations. Hon’ble High Court at Calcutta and other District Courts & Tribunal Advocate 8 December 2012 – 5 July 2015 Key Accountabilities:  Ensuring adequate title investigation comfort with scrutinizing and verifying documents and giving Title Reports and drafting and vetting of documents, drafting and vetting of Tenders.  Drafting, Vetting, Reviewing and filing of Replies/Objections/Revisions/Appeals before the courts of law and other statutory bodies in accordance with the relevant provisions of law.  Handling litigation cases and appeared before Calcutta High Court, District Courts, CMM Courts, ESI Court and Tribunals, Arbitration, Civil and criminal matters.  Briefing, assisting and coordinating with Advocates/Senior Advocates in preparation of Court Arguments.  Obtaining permission for 365 days operations [exemption from the provisions of Sec 5(1) of West Bengal Shops and Establishments Act 1963 under different notifications] for Retail Stores /I.T. establishments / Non -Nationalized Banks, etc. and permission of employment of women employees working at night shifts to I.T establishments for Tata Consultancy Services and Indusind Bank.  Obtaining permission U/R. 55 of West Bengal Shops and Establishments Act 1963 for maintaining registers in soft copies.  Various Compliances both Labour and Statutory under the Applicable Laws.  Emapnelled with Eastern Railway and State Bank of Mysore and dealt with various type of matters.  Worked with Khaitan & Co. on various litigation/non litigation assignments. Spencer’s Retail Limited 17th February 2010 – 7th December 2012 Manager-Legal Reporting to General Manager – Legal Key Accountabilities  Heading the Legal Department for the Eastern Region.  Ensuring adequate title investigation comfort with scrutinizing and verifying documents for acquisition of particular site for opening new outlets throughout Eastern Region after interacting with Business and Property team inorder to resolve queries & issues arising while acquiring the properties.
  4. 4. 4  Drafting, Vetting and Reviewing of various Contracts & Agreements including Lease agreements, Leave and License Agreements, Business Agreements, Sourcing Agreement, Non Disclosure Agreement etc..  Strengthen the existing legal risk governance framework that integrates legal compliance with the business model including Liquor licenses. Overall having a very good liason with all the government departments. Nicco Corporation Limited 9th July 2009 – 15th February 2010 Asst. Manager-Legal Reporting to V.P. Corporate Affairs & Legal Key Accountabilities  Involving and assisting the company in legal negotiations pertaining to EPC projects on Lump sum Turnkey basis, Construction works and services, technology transfer, IPR, commercial contracts, licensing, joint ventures, tenancy,acquisitions and drafting of relevant contracts and ag reements pertaining to Corporate, Plant and Regional Offices.  Provide clear and timely advise/ guidance/ leadership to management, businesses and functions, and work closely with various Departments on the legal matters of the company. The MobileStore Limited Executive Legal 1st September 2008 –8th July 2009 Reporting to Head Finance Key Accountabilities  Heading the Legal Deptt. for the Eastern Zone .  Responsible for drafting of day to day opinions, Power of Attorneys, lease deeds, leave and licenses, Maintenance Agreements, Business Conducting, Franchisee Agreement, tie up with new agencies, etc. which inter alia includes standardising of major contracts as per the new business models, customising contracts as per business needs, handling day to day operational changes in documentation like amendments, renewals, terminations, etc  Ensuring adequate title investigation comfort with scrutinizing and verifying documents for acquisition of particular site for opening new outlets throughout Eastern Region after interacting with Business and Property team inorder to resolve queries & issues arising while acquiring the properties.  Handling the entire MIS of agreement and litigations of the Zone by keeping the Electronic Data as well as hard copy of the same. RPG Cellucom India Pvt. Ltd. 27th August 2007- 29th August 2008 Sr. Officer-Legal Reporting to Head-Finance Key Accountabilities  Heading the Legal Deptt..  Drafting of day to day opinions, lease deeds, leave and licenses, Business Conducting, Notices, etc.  Proper title investigation comfort and Registration of Agreements with scrutinizing and verifying documents for acquisition of premises for opening new outlets throughout India.  Ensured the refund of security deposits/token advances in case of termination of the agreement/cancellation of the deal due to defective title or otherwise. Khadim India Limited 4th August 2006 - 24th August 2007 Officer-Legal Reporting to Company Secretary cum Head-Legal Key Accountabilities  Drafted various legal documents such as Agreements, MOU, Lease, Leave and License, Maintenance Agreements, replies to showcause notices and other legal correspondences, petitions, power of attorney, affidavit, indemnity, guarantee, etc.
  5. 5. 5  Having thorough exposure and experience in the field of Real Estate and land matters and conducted legal search in the office of the Register of Assurance and District Register Office, Alipore and Sub Registry Office and Courts.  Travelled extensively throughout India inorder to get the agreement executed and registered at the concerned places for acquisition of premises for opening new outlets after verifying documents and conducting search in registry offices by appointing local advocates.  Handled all litigations (civil, consumer, criminal including S.138 proceedings and infringement of trade marks).  Played an active part of the core legal team and assist in advising on the implications of various legislations in formulating its long term plans, preparing necessary documentation for implementing decisions, ensuring various legal compliances, taking offensive/defensive actions on behalf of the company to protect its interests and implementing the company’s corporate policies and procedures affecting business operations. Medicare TPA Services (I) Pvt. Ltd 10th February 2006 – 3rd August 2006 Legal Executive Reporting to Manager-Legal Key Accountabilities  Drafting/vetting various types of agreements, petitions, written version, replies to legal notices.  Conducting cases, making appearances before tribunals, quasi judicial authorities. Briefing advocates/counsels.  Providing legal advice and opinions on a host of issues pertaining to day to day operations.  Preparation of MIS. ICICI Bank Ltd. 16th May 2005 – February 2006 (Under i-Process Services (India) Pvt. Ltd) Legal Executive Reporting to Manager Legal & Regional Collection Head of Two Wheeler and Four Wheeler Departments Key Accountabilities  Drafting of legal notices to all defaulting notices and follow up after coordinating with the collection department (two wheeler and four wheeler division of ICICI Bank) to recover the outstanding from the defaulting borrowers.  Initiated money suits, summary suits, Arbitration proceedings, complaints U/S.138 of Negotiable Instrument Act, Securitisation Act, DRT matters and Lok Adalats to recover the outstanding and put best endeavours inorder to get favourable awards/orders.  Negotiate with parties and facilitate out of court settlements. Representing and defending the company in legal proceedings.  Briefing and conducting advocates/counsels.  Accountable for forwarding the daily legal activities of the eastern region to the Manager Legal. Hon’ble High Court at Calcutta Advocate December 2002 – May 2005 Key Accountabilities  Drafted money suits, plaints, written statements, opinions, agreements, appeals, notices, replies, complaints U/S.138 of Negotiable Instrument Act, revision, applications arising out of civil, writ and criminal cases.  Appeared before Calcutta High Court, District Courts, CMM Courts, and Tribunals.  Building and maintaining healthy business relations with clients, ensuring high client satisfaction matrices by understanding their requirements and providing solutions accordingly and achieving favourable orders.
  6. 6. 6 PERSONAL DOSSIER Date of Birth : 1st November, 1979. Linguistic Abilities : English, Bengali & Hindi. Father’s Name & Occupation : Mr. Asoke Kumar Ghose (Retd.– Eastern Railway) Mother’s Name & Occupation : Late Malati Ghose (Retd.-Eastern Railway) Date: __________________________ Place: Kolkata (AMARNATH GHOSE)

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