Sinha & Company, Advocates

As the festive season of Durga Puja begins, we celebrate the values of strength, resilience, and the triumph of good over evil. The rhythmic beats of the dhaak reflect the spirit of togetherness and the enduring traditions that make this occasion special. Sinha & Company, Advocates, wishes everyone a শুভ দুর্গোৎসব. May the festivities bring peace, prosperity, and renewed hope. #ShubhoDurgotsav #DurgaPuja2026 #FestiveGreetings #SinhaAndCompany

We are pleased to share that we have successfully represented the plaintiffs, Pulak Modi and Anr., before the Hon’ble Calcutta High Court in a commercial dispute arising from the non-payment of consideration under a Share Sale Contract involving the transfer of shareholding in Ambicon Ventures Private Limited and the associated steel plant in Georgia. The dispute arose from a Share Sale Contract dated 14 April 2023, under which the plaintiffs agreed to transfer their shareholding for an agreed consideration. Despite the transfer of shares and the handover of possession of the steel plant, the defendants paid only ₹1 crore towards the consideration payable to the plaintiffs. The plaintiffs subsequently initiated proceedings to secure their outstanding monetary claim, raising concerns regarding the defendants’ commercial credibility and the enforceability of a future decree. By its judgment dated 6 October 2026, the Hon’ble Calcutta High Court, held that a commercial court can exercise its inherent powers under Section 151 of the Code of Civil Procedure, 1908, to direct a defendant to secure a plaintiff’s claim at an interim stage in an appropriate case. The Court observed that where the defendant’s commercial credibility, probity or substratum is prima facie in question, such a direction may be warranted to protect the plaintiff’s claim pending adjudication. The Court further clarified that an order directing interim security is a protective and tentative measure and does not convert an unsecured claim into a secured claim. Such an order remains subject to modification or reversal at the final trial. Accordingly, the Hon’ble Calcutta High Court allowed the plaintiffs’ application and directed the defendants to deposit ₹5,43,70,000 with the Registrar, Original Side, within eight weeks. Our team was led by Mr. Paritosh Sinha, Founder and CEO and Ms. Shrayashee Das, Principal Associate, along with Mr. Tridibesh Dasgupta, Associate and Mr. Subhradip Bhattacharyya, Junior Associate. #MatterUpdate #CalcuttaHighCourt #CommercialLitigation #CivilProcedureCode #Section151CPC #CommercialCourtsAct #SinhaAndCompany #LegalUpdate

𝗥𝘂𝗹𝗶𝗻𝗴𝘀 & 𝗥𝗲𝗮𝘀𝗼𝗻𝗶𝗻𝗴 | 𝗢𝗰𝘁𝗼𝗯𝗲𝗿 𝟮𝟬𝟮𝟲 We are pleased to share our October 2026 Newsletter, bringing you concise updates on the latest legal and regulatory developments relevant to businesses, legal professionals, and market participants. Our October issue highlights key regulatory developments from the Insolvency and Bankruptcy Board of India (IBBI) and the Securities and Exchange Board of India (SEBI), including measures to address the misuse of insolvency proceedings, simplified compliance requirements for Foreign Portfolio Investors investing exclusively in Government Securities, consolidated regulatory guidance for Debenture Trustees, and revised position limits in the commodity derivatives segment. The issue also covers the commencement of the Bankers’ Books Evidence Act, 2026, recognising electronic, digital, virtual, and cloud-based banking records. Alongside these developments, the edition features notable judicial pronouncements across arbitration, insolvency, banking & finance, corporate law, intellectual property rights, real estate, tax, and securities/capital markets. The judgments address key issues such as the incorporation of arbitration clauses into personal guarantees, the continuation of interest on arbitral awards where deposited amounts remain unavailable to award-holders, the recall of insolvency proceedings initiated fraudulently or collusively, and the enforcement of assigned debts under SARFAESI. The issue also examines corporate criminal liability, the jurisdiction of Commercial Courts in trademark disputes, specific performance of oral agreements for the sale of immovable property, the limits of tax reassessment and revisionary powers, and SEBI’s authority to independently examine allegations of fraudulent or misleading conduct under securities laws. From evolving insolvency jurisprudence and arbitral principles to financial regulation, corporate accountability, intellectual property disputes, tax certainty, and securities market compliance, this newsletter captures significant legal developments shaping India’s evolving regulatory and commercial landscape. 📖 Read the full newsletter to stay informed and ahead of the curve. #RulingsAndReasoning #LegalUpdate #RegulatoryUpdate #Arbitration #InsolvencyLaw #BankingAndFinance #CorporateLaw #IPR #RealEstateLaw #TaxLaw #SecuritiesLaw #LegalInsights

We are pleased to share that we have successfully represented our client, 𝐈𝐂𝐇𝐎𝐑 𝐁𝐢𝐨𝐥𝐨𝐠𝐢𝐜𝐬 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐢𝐦𝐢𝐭𝐞𝐝, before the Hon’ble Calcutta High Court in proceedings challenging its disqualification at the technical evaluation stage of a tender concerning plasma-derived products. The dispute arose after ICHOR Biologics Private Limited’s manufacturing licence was renewed by the Licensing Authority under Form 26-I of the Drugs Rules, 1945, for the period from 1 April 2026 to 31 March 2031. However, the renewed licence was awaiting approval from the Central Licence Approving Authority. The tendering authority rejected ICHOR’s technical bid on the ground that the renewed licence did not bear the approval endorsement of the Central Licence Approving Authority. Following the rejection of its technical bid, ICHOR Biologics Private Limited challenged the decision before the Hon’ble Calcutta High Court. The writ petition was dismissed by the Single Judge on 30 September 2026, following which ICHOR preferred an appeal before the Division Bench. The appeal concerned the interpretation of Rules 68A, 122F and 122H of the Drugs Rules, 1945, and the validity of a renewed manufacturing licence pending approval by the Central Licence Approving Authority. By its judgment dated 8 October 2026, the Hon’ble Division Bench held that the renewed licence could not be treated as invalid merely because the approval process remained pending. The Court observed that the applicable rules permitted the licensee to continue operations during the pendency of the renewal process. It further held that the tender eligibility criteria specifically required a licence approved by the Licensing Authority and did not prescribe the additional condition relied upon to disqualify ICHOR. Accordingly, the Hon’ble Calcutta High Court set aside the order dismissing the writ petition and quashed ICHOR’s disqualification at the technical evaluation stage. The Court directed that ICHOR’s financial bid be opened along with the financial bids of the other bidders. Our team was led by Mr. Paritosh Sinha, Founder and CEO, Mr. Amitava Mitra, Principal Associate and Mr. Naman Agarwal, Junior Associate. #MatterUpdate #CalcuttaHighCourt #TenderLaw #DrugsAndCosmeticsRules #ICHORBiologics #SinhaAndCompany #LegalUpdate

We are pleased to share that we have successfully represented our client, 𝐔𝐆𝐑𝐎 𝐂𝐚𝐩𝐢𝐭𝐚𝐥 𝐋𝐢𝐦𝐢𝐭𝐞𝐝, in proceedings before the Hon’ble Calcutta High Court and the Hon’ble Supreme Court of India arising out of a dispute concerning a ₹2 crore credit facility and the validity of a Facility Agreement executed in favour of UGRO Capital. The dispute arose from a Facility Agreement dated 25 July 2023 under which UGRO Capital had extended a credit facility of ₹2 crore. The plaintiffs, who were named as co-applicants, subsequently alleged that their digital signatures had been used without their consent and sought declarations that the Facility Agreement was null and void, along with consequential reliefs concerning their alleged status as loan defaulters. UGRO Capital opposed the proceedings and sought reference of the disputes to arbitration in accordance with the arbitration clause contained in the Facility Agreement. By its judgment dated 11 September 2025, the Hon’ble Calcutta High Court held that the disputes raised by the plaintiffs were covered by the arbitration clause and referred the parties to arbitration under Clause 15.2 of the Facility Agreement, while dismissing the suit and the plaintiffs’ interim application.  The plaintiffs thereafter approached the Hon’ble Supreme Court of India challenging the Calcutta High Court judgment. The Hon’ble Supreme Court initially issued notice in the matter and stayed operation of the impugned judgment, and on On 7 October 2026, the Hon’ble Supreme Court disposed of the Special Leave Petition  Our team was led by Mr. Paritosh Sinha, Founder and CEO, and Mr. K.K. Pandey, Principal Associate. #SinhaAndCo #UGROCapital #SupremeCourtOfIndia #CalcuttaHighCourt #Arbitration #DisputeResolution #CommercialLitigation #FinancialServices #BankingAndFinance #LegalUpdates #Litigation #IndianLaw

We are delighted to share our new article titled “𝐀𝐰𝐚𝐫𝐝 𝐢𝐧 𝐇𝐚𝐧𝐝, 𝐀𝐬𝐬𝐞𝐭𝐬 𝐀𝐛𝐫𝐨𝐚𝐝: 𝐓𝐡𝐞 𝐑𝐞𝐚𝐥 𝐁𝐚𝐭𝐭𝐥𝐞 𝐁𝐞𝐠𝐢𝐧𝐬 𝐚𝐭 𝐄𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭”, published in Chambers. Authored by our Junior Associate, Subhradip Bhattacharyya, the article examines the challenges of enforcing arbitral awards across jurisdictions, particularly where the award debtor is a sovereign state and its assets are located overseas. Drawing on the Cairn Energy and Devas–Antrix disputes, the article explores how successful claimants navigate cross-border enforcement proceedings, identify assets available for recovery and address the complexities of sovereign immunity. It also considers the distinction between immunity from jurisdiction and immunity from execution, and how these principles affect the practical recovery of awarded sums. The article highlights why securing an arbitral award is only part of the process. Asset tracing, enforcement strategy and a clear understanding of the applicable legal frameworks can prove decisive in converting a legal victory into actual recovery. 𝘙𝘦𝘢𝘥 𝘵𝘩𝘦 𝘧𝘶𝘭𝘭 𝘢𝘳𝘵𝘪𝘤𝘭𝘦 𝘩𝘦𝘳𝘦: https://lnkd.in/dJydhU3x #ChambersAndPartners #InternationalArbitration #Arbitration #DisputeResolution #CrossBorderDisputes #ArbitralAwards #EnforcementOfAwards #SovereignImmunity #InternationalDisputes #LegalUpdates

At Sinha & Company, Advocates, supporting initiatives that encourage excellence in advocacy, legal research and scholarship has always been an important part of our engagement with the legal community. We are pleased to support this edition of 𝐗𝐌𝐂𝐂 organized by Moot Court Society, Xavier Law School, centred on Foreign Investment Law, and contribute to an initiative that brings together aspiring advocates from across the country. We appreciate the efforts of the organisers in creating a platform that encourages young legal minds to engage with contemporary legal issues and develop their skills in advocacy and legal argumentation. We look forward to witnessing some exceptional advocacy and wish all participating teams the very best for the competition. #SinhaAndCompany #XMCC26 #MootCourt #ForeignInvestmentLaw #LegalEducation #Advocacy #LawStudents #Mooting #LegalExcellence

𝗧𝗿𝘂𝘁𝗵, 𝗻𝗼𝗻-𝘃𝗶𝗼𝗹𝗲𝗻𝗰𝗲. 𝗔 𝗹𝗲𝗴𝗮𝗰𝘆 𝘁𝗵𝗮𝘁 𝗰𝗼𝗻𝘁𝗶𝗻𝘂𝗲𝘀 𝘁𝗼 𝗶𝗻𝘀𝗽𝗶𝗿𝗲. On the occasion of Gandhi Jayanti, we remember the values of truth, non-violence and compassion that continue to guide us towards a more just and equitable society. His message reminds us that meaningful change begins with our actions and that peace, justice and humanity remain essential to building a better future. At Sinha & Company, Advocates, we recognise the importance of these enduring principles in upholding justice and strengthening the values of our society. Wishing everyone a meaningful Gandhi Jayanti. #GandhiJayanti #MahatmaGandhi #TruthAndNonViolence #Justice #Peace #Equality #SinhaAndCompany #eAdvocates

Sinha & Company, Advocates represented Sourav Ganguly before the Supreme Court of India in the matter concerning the ₹14.49 crore arbitral award against Percept Talent Management. The Section 34 proceedings commenced on 11 March 2024, with the Calcutta High Court delivering its judgment on 22 July 2025. The matter thereafter proceeded through the appellate stage before the High Court, with the appeal ultimately being dismissed on 16 April 2026. Percept then approached the Supreme Court by way of an SLP, which was disposed of on 28 September 2026. The dispute arose from a 2003 Player Representation Agreement concerning Ganguly’s commercial and endorsement engagements, including the question of whether his earnings from playing for the Kolkata Knight Riders fell within the agreement’s revenue-sharing arrangement. The proceedings bring into focus important issues surrounding contractual interpretation, the findings of an arbitral tribunal, and the limited scope of judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. Sourav Ganguly was represented by Counsels Gourab Banerjee and Samrat Sen, Senior Advocates and Manoj and Manali Bose. The Sinha & Company, Advocates team representing Mr. Ganguly included our Founder and CEO, Paritosh Sinha; Principal Associate, Amitava Mitra; and Junior Associate, Naman Agarwal. #SinhaAndCompany #ParitoshSinha #SouravGanguly #SupremeCourtOfIndia #SupremeCourt #Arbitration #ArbitrationLaw #DisputeResolution #CommercialDisputes #ContractualDisputes #Section34 #Section37 #ArbitrationLawyer #Litigation #IndianLaw

We are delighted to share our new article titled “𝐔𝐧𝐠𝐚𝐠𝐠𝐞𝐝: 𝐓𝐫𝐮𝐭𝐡, 𝐅𝐫𝐞𝐞 𝐒𝐩𝐞𝐞𝐜𝐡 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐁𝐨𝐧𝐧𝐚𝐫𝐝 𝐏𝐫𝐢𝐧𝐜𝐢𝐩𝐥𝐞”, published in Chambers Authored by our Principal Associate, Shrayashee Das, the article examines the evolving application of the Bonnard principle in India and its significance in balancing reputation, freedom of speech and the public’s right to know. The article traces the development of the principle through key Indian decisions, including National Sugar Mills, Khushwant Singh, Tata Sons, Bloomberg and the recent Arpit Mangal v. Emami decision of the Calcutta High Court. It considers when courts should refrain from granting pre-trial injunctions in defamation matters, particularly where the defence of truth remains capable of being tested. The article also explores the growing relevance of the principle in the digital age, where independent creators and product reviewers increasingly rely on evidence and public-interest speech to inform consumers. 𝘙𝘦𝘢𝘥 𝘵𝘩𝘦 𝘧𝘶𝘭𝘭 𝘢𝘳𝘵𝘪𝘤𝘭𝘦 𝘩𝘦𝘳𝘦: https://lnkd.in/deJeUEzD #ChambersAndPartners #DefamationLaw #FreeSpeech #DisputeResolution #MediaLaw #Defamation #LegalUpdates #IndianLaw #ThoughtLeadership #BonnardPrinciple