Subir Kumar

Mr. Subir Kumar, Founder, SDS Advocates, is experienced in the field of International Commercial Arbitration, Dispute Resolution, litigation, corporate laws and specializes in civil and commercial disputes, criminal laws including white collar crime, service matters, indirect and direct taxes, insolvency laws, property laws, arbitration, power sector, banking and finance, energy sector including power and gas, infrastructure and intellectual property matters.

He has appeared in relation to various matters, including for the Ministry of Finance and Union of India, before the Bombay High Court and Central Administrative Tribunal. Mr Kumar is experienced in the drafting of service and insolvency matters and has appeared before the NCLT, NCLAT and Central Administrative Tribunal and in writ petition, suits, special leave petitions, arbitration matters and other petitions before the High Courts and the Supreme Court of India. He has drafted and appeared before the Maharashtra Electricity Regulatory Commission; Appellate Tribunal for Electricity, New Delhi; Debt Recovery Tribunal; and High Courts and represented banks in various litigations before the DRT, DRAT, BIFR, AAIFR, Trial Courts, High Courts and Supreme Court of India.

He has drafted company petitions before the NCLT – Mumbai and Delhi; Company Law Board and High Courts and represented companies in litigations including incorporation and registration of documents with the Registrar of Companies, winding-up and amalgamation petition suits. He has conducted company due diligence and worked extensively on writs, property disputes, electricity laws, company laws, service laws, arbitration, testamentary matters, family laws, excise and income tax matters and criminal matters including economic offences.

Mr Kumar is experienced in drafting documents such as memorandum of entry, deed of hypothecation, indenture of mortgage, pledge agreement and share pledge agreement. He has good knowledge of stamp duty implication, board resolution and title search of property to ascertain its marketability, among others. He has drafted matter including SLPs, plaints, writs, statements of claims, original applications, rejoinders etc. Some examples of his drafting are:

• Parallel License Applications under the Electricity Act, 2003
• Software Licensing Agreements
• Service Provider Agreements with airline and telecom companies
• Confidentiality/Non-Disclosure Agreements (NDAs)
• Facility Agreements, including Term Loan and Working Capital facilities
• Board Resolutions
• Labour Law-related Agreements
• Hire Purchase Agreements
• Drilling and Compressor Agreements

Prior to founding SDS Advocates in 2013, Mr Kumar started his career at Paras Kuhad & Associates, Mumbai and DSK Legal and interned at various law firms including Paras Kuhad & Associates; Luthra & Luthra Law offices; and Fox Mandal Little. He prepared a paper presentation on “Foreign Venture Capital Investor” while at Luthra & Luthra Law Offices, Mumbai, in 2008 and a project on “Derivatives and its implication” while at Paras Kuhad & Associates also in 2008.

Mr Kumar is a Member of the International Chamber of Commerce (Corporate Member); International Bar Association; Confederation of Indian Industry; and INSOL India. He is admitted to the Bar Council of Maharashtra & Goa, and is admitted to practice before the Original and Appellate side of the High Court of Judicature at Bombay and its various benches, CAT, NCLT, NCLAT, Supreme Court of India, all Tribunals, and High Courts within the territorial jurisdiction of Bombay and India. He holds key positions such as Central Government Standing Counsel and is a Senior Panel Counsel for conducting Central Government Litigations before High Court of Bombay and Tribunals.

Mr Kumar was invited as Guest Speaker to the legal conclave “Make in India” held on December 1, 2016 in London, where he held forth on “Are arbitrations ethical or just a private unethical fight?”. He was also invited as Guest Speaker to the legal conclave “General Congress” organized in 2017 by Legal Era Magazine. Mr Kumar has completed his Bachelor in Laws from ILS Law College, Pune University.

He has keen interest in arbitration and have appeared for Governmental bodies involving foreign parties in India and truly believes that Alternate Dispute Resolution plays an important role in resolution of dispute. He is a member of Association of Swiss Arbitration (ASA), Young Member of Singapore International Arbitration Centre and Member of Young International Council for Commercial Arbitration (YICCA).