Samir Malik

Samir Malik

Partner

Level 5 – Max House, Okhla Industrial Estate, Phase III, New Delhi – 110020, India

Key Practice Areas

  • Projects, Energy & Infrastructure
  • Dispute Resolution
  • Crisis Management

Key Sectors & Industries

  • Electricity
  • Infrastructure
  • Oil and Gas
  • Power – Renewable and Non-Renewable Energy
  • Corporate Restructuring and Insolvency

Education

  • LL.M (Warwick, U.K)

Professional Memberships

  • Member, Bar Council of Delhi
  • Member, Supreme Court Bar Association
  • Member, Supreme Court Advocate-on-Record Association

Languages

  • English
  • Hindi

Experience

Samir is an arguing counsel, strategic thinker, trusted advisor, skilful draftsman, and Advocate on Record in the Supreme Court of India.

He has exceptional and prolific experience of more than 15 years, in both contentious and non-contentious practice with specialisation in energy and policy – electricity, oil and gas, insolvency and bankruptcy, and arbitrations – particularly in the steel industry and commercial litigation.

He has led many groundbreaking and law-settling litigations before various fora pan India.

He is well-equipped to navigate the intricate legal landscape, providing strategic, insightful, and effective counsel for the most challenging and complex legal issues.

He has earned several awards and recognitions including Legal500 Asia-Pacific, IFLR1000, India Business Law Journal, Legal Powerlist, and Benchmark Litigation. He has also been featured in India Business Law Journal’s Powerlist and has been recognized as a “40 under 40” practitioner by Legal Era.

Recent Key Assignments

  • Samir has successfully assisted, advised, and represented Uno Minda before SIAC, Delhi High Court, District Court with respect to its disputes with WFS Italia S.r.l. pertaining to exclusive rights under their Joint Venture Agreement, for supply of systems and components enabling the use of Alternate Fuels like LNG, CNG., LPG, Hydrogen etc.
  • Samir successfully represented and advised Proud Securities Pvt. Ltd. before the Delhi High Court and secured an laying down the judicial precedence wherein the party will be entitled to a complete refund of the court fees in case a moratorium is imposed on the creditor during the pendency of the suit, which is an exception to the general rule and existing provisions under the Court fees Act.
  • In the PME Power Solutions (India) Pvt. Ltd. and Uttar Haryana Bijli Vitran Nigam , PME Power claimed INR 1800 Crores for unpaid invoices, seeking penal interest under the MSME Act 2006. We argued that once the principal amount is paid, penal interest ceases. The Arbitrator accepted this, reduced the claim from INR 1800 Crores to INR 1.54 Crores.
  • Samir successfully represented and advised MSEDCL in its appeal filed before Supreme Court against TANGEDCO in securing a landmark judgment that settles the fundamental principle of captive power generation and the interpretation of Electricity Rules, 2005.
  • Samir successfully advised and represented IIRF India Realty XII Ltd. in CIRP proceedings of Shree Ram Urban Infrastructure Ltd. The NCLT, Mumbai allowed the multi-billion rupee claim, which involved interpreting complex legal issues regarding whether funds raised by a subsidiary through Compulsorily Convertible Preference Shares, indemnified by the Corporate Debtor, constituted financial debt.

Recent Awards and Recognition

  • Legal500 Asia-Pacific
  • IFLR1000
  • India Business Law Journal
  • Legal Powerlist
  • Benchmark Litigation.
  • He has also been featured in India Business Law Journal’s Powerlist and has been recognized as a “40 under 40” practitioner by Legal Era.
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