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Provided by Lomesh Kiran Nidumuri

Asia-Pacific

Practice Areas

Lomesh Kiran Nidumuri

Partner (Head – Disputes for South India)

Dispute Resolution

Lomesh heads the disputes practice for South India at Cyril Amarchand Mangaldas. He is part of the disputes practice leadership of the Firm and a key member of the international arbitration practice.

Lomesh has close to two decades of experience in advising clients in all types of civil and business/commercial disputes, cross border disputes, domestic and international arbitrations. In many disputes, he has acted as a lead counsel conducting trial and arguments before courts and arbitral tribunals. Over the years, he has also acted for clients in a variety of civil and commercial disputes including technology related disputes, shareholder disputes, projects, and construction, intellectual property rights, restructuring and corporate insolvency and white-collar crimes (particularly money laundering).

He is a member of the Reserve Panel of Arbitrators at Singapore International Arbitration Centre (SIAC). He is a qualified Specialist Mediator with Singapore International Mediation Centre (SIMC) and a registered foreign lawyer with Singapore International Commercial Court (SICC).

Lomesh has been consistently ranked as a leading lawyer. He is actively involved in various social projects through the Rotary Club of Bangalore and passionate about community service and mentoring the youth. Lomesh is a keen sports enthusiast. He was formerly co-owner of the ‘KGF Wolves’ team in the Grand Prix Badminton League (GPBL), which won the inaugural edition of the GPBL in August 2022.

Relevant Experience:

• Representing a leading crypto currency company in criminal proceedings initiated by the Enforcement Directorate for money laundering before the authorities and the courts.

• Represented ARCIL in proceedings before the National Company Law Tribunal, Bengaluru, against Manyata Developers, for claims more than INR 1200 Crores.

• Represented a leading technology company in arbitration proceedings against the erstwhile shareholders of a company it acquired, for damages on account of fraud and misrepresentation in the accounts at the time of acquisition.

• Representing Bitsport Private Limited before the Karnataka High Court challenging the circulars of the Badminton Association of India restricting badminton players from participating in private tournaments on the ground that it violates their constitutional rights.

• Representing a leading builder in defamation proceedings against certain persons before the Civil Courts, Bangalore.

• Representing Axis Bank in proceedings against a defaulter before the Debt Recovery Tribunal and the Karnataka High Court for claims in excess of INR 150 Crores.

• Representing a leading builder before a three-member tribunal in disputes arising from a joint development agreement with respect to a prime property in Bangalore.

Experience listed below is that of the Partner before he joined the Firm.

• Represented a leading international financial institution in arbitration proceedings initiated against the promoters of a company, before a sole arbitrator (retired Supreme Court Judge), at Bangalore. The arbitrator awarded damages of approximately USD 100 Million making each of the promoters jointly and severally liable.

• Represented a leading cab service aggregator, in challenging the ban on its services before the Delhi High Court, as well as defending petitions filed by its competitors before the National Green Tribunal, New Delhi, alleging non-use of clean fuel in the NCR region.

• Represented SAIF III Mauritius Company Limited, in an action for oppression and mismanagement against the TV9 Group before the National Company Law Tribunal, Hyderabad.

• Represented a popular South Indian actress in a suit for defamation filed by her against media houses in relation to the alleged ‘drug scam’ that caught the eye of the media in June 2020.

• Represented CG Foods (the owners of Wai Wai Noodles) in an action for passing off filed by ITC before the Bangalore Civil Court and the Karnataka High Court.

• Represented Just Dial in an action for copyright and trademark infringements against a subsidiary company of the Network 18 group before the Delhi High Court.

Professional Memberships

1. Karnataka State Bar Council.

2. Appointed to the Committee of Young Singapore International Arbitration Centre (YSIAC) for the tenure 2019-2021 and for the renewed term 2021-2023.

3. Member – Chartered Institute of Arbitrators (CIArb).

4. Member – International Bar Association (IBA).

Publications

• The Conundrum of the law on anti-arbitration injunctions: here to stay? Chapter 9, Commercial Arbitration International Trends and Practices, First Edition 2021, Thomson Reuters.

• India’s approach to anti-arbitration injunction suits: step in the right direction? (13 August 2020) https://www.barandbench.com/columns/indias-approach-to-anti-arbitration-injunction-suits-step-in-the-right-direction

• The Controversy gets murkier – can the accused seek compounding of an offence for cheque dishonour without the consent of the Complainant? (MONDAQ, (18 August 2020), https://www.mondaq.com/india/trials-appeals-compensation/977164/the-controversy-gets-murkier--can-the-accused-seek-compounding-of-an-offence-for-cheque-dishonour-without-the-consent-of-the-complainant

• Section 206(5) of the Companies Act, 2013 – Time to Relook? INFOLEX, (April 2020), https://induslaw.com/app/webroot/publications/pdf/alerts-2020/Infolex-Article-Section-206(5)-of-the-Companies-Act.pdf

• End of The Road for Arbitration Clauses Providing for Unilateral Appointment of Sole Arbitrator, MONDAQ (January 28, 2020), https://www.mondaq.com/india/arbitration-dispute-resolution/887606/end-of-the-road-for-arbitration-clauses-providing-for-unilateral-appointment-of-sole-arbitrator

• The Negotiable Instruments (Amendment) Act 2018: how does it is affect you?, MONDAQ (October 11, 2018), https://www.mondaq.com/india/trials-appeals-compensation/744516/the-negotiable-instruments-amendment-act-2018-a-step-in-the-right-direction

• Time barred debt can be pursued under the Insolvency and Bankruptcy Code, 2016?, INFOLEX (September 2017), https://induslaw.com/app/webroot/publications/pdf/alerts-2017/InfoLex-Alert-Limitation-Act-inapplicable-to-IBC-proceedings-18-sep-2017.pdf?src=Website&CTA=Read-more&Date=18-September-2017

• The Unresolved Controversy – Can Two Indian Parties Choose Foreign Seated Arbitration and Foreign Law to Resolve Their Disputes?, MONDAQ (June 22, 2017), https://www.mondaq.com/india/trials-appeals-compensation/604208/the-unresolved-controversy-can-two-indian-parties-choose-foreign-seated-arbitration-and-foreign-law-to-resolve-their-disputes

• Critical Analysis of The Arbitration and Conciliation (Amendment) Act, 2015, MONDAQ (May 25, 2016), https://www.mondaq.com/india/arbitration-dispute-resolution/494184/critical-analysis-of-the-arbitration-and-conciliation-amendment-act-2015

• Amendments to India’s Arbitration Act: An Analysis, MONDAQ (December 15, 2015) https://www.mondaq.com/india/Litigation-Mediation-Arbitration/452076/Amendments-To-India39s-Arbitration-Act-An-Analysis

• Whether Indian parties can choose foreign law to settle disputes? INFOLEX, (September 2015), https://induslaw.com/app/webroot/publications/pdf/alerts-2015/september-18-15.pdf

• Arbitration in India – The Way Forward, MONDAQ (July 17, 2015), https://www.mondaq.com/india/trials-appeals-compensation/413058/arbitration-in-india-the-way-forward

• Supreme Court Judgment – A Shot in The Arm for Banks to Take Possession of Secured Assets Occupied by Tenants, MONDAQ (December 08, 2014), https://www.mondaq.com/india/charges-mortgages-indemnities/358600/supreme-court-judgment-a-shot-in-the-arm-for-banks-to-take-possession-of-secured-assets-occupied-by-tenants

Awards

• ‘Band 1’ Lawyer

Chambers and Partners, 2022 and 2023.

• Top 15 Disputes Lawyers in Asia

Asian Legal Business (ALB)

2022

• ‘Disputes Star’ in the categories of international arbitration and commercial transactions

Benchmark Litigation 2020, 2021 & 2022.

• ‘Recommended Lawyer’ for Dispute Resolution, Litigation, and Intellectual Property disputes,

Legal 500 Asia Pacific

2021

• ‘Forty Under Forty’ lawyers in the Asia-Pacific region

Asian Legal Business

2017

• ‘Notable Practitioner’ for Dispute Resolution

Asia Law Profiles 2017, 2019, 2020, 2021.

Education

• Master of Laws (LL.M), New York University School of Law, 2008

• Bachelor of Laws (LL.B), Campus Law Centre, Delhi University, 2004

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