Sonali is a Senior Associate and a part of the Disputes as well as the Insurance Claims and Coverage practice of Khaitan Legal Associates. In her 7 years of practice, she has advised and represented various domestic and offshore clients, primarily in commercial litigation as well as insolvency disputes across forums such as High Courts, NCLT, NCLAT and domestic ad-hoc arbitrations. Such diverse experience has helped her to understand and advise brokers and insureds on complex claims and coverage issues arising from various insurance policies (such as cyber policy, fire all risk industrial policy, group life insurance policy, errors and omissions liability policy, all risk policy, D & O policy etc.) and the disputes arising therefrom.
Sonali’s experience with both, commercial disputes as well as insurance claims and coverage issues enable her to provide unique insights to her clients.
1. Commercial Litigation and Advisory
Advising and Representing:
(a) an offshore company in a possible claim for indemnity against its seller for supply of defective goods, unknowingly used by the offshore company to in turn supply goods to their purchaser;
(b) offshore banks in summary suit proceedings before the Bombay High Court for recovery of amounts under a Letter of Credit
(c) offshore law firm on Indian law in respect of whether an Indian Company can sue its contractor in India to recover monies that it may be ordered to pay the defendant in a suit for damages and compensation on account of personal injuries filed in a court in the United Kingdom in respect of an accident that occurred at its site in India;
(d) Indian individual clients in testamentary petitions before the Bombay High Court as well as for obtaining Probate of Wills.
(e) an individual (widow) in several civil suits before the Bombay High Court including but not limited to testamentary and administrative suits for her deceased husband’s property which was strongly contested by the deceased’s children.
(f) a director of a private limited company in a company petition before the National Company Law Tribunal for mismanagement of the affairs of the company by the other directors of the company, as well as in applications for removal of the said director for mismanaging the affairs of the company;
(g) a domestic company engaged in providing workspaces for recovery of the monies due in arbitration proceedings;
(h) a trust / fund in arbitration proceedings in respect of wrongful denial of its ‘Tag Along’ Rights under the Shareholder’s Agreement;
(i) a construction company in arbitration proceedings against a central government authority for recovery of its dues under a construction contract;
(j) a domestic company involved in the business of development of real estate in arbitration proceedings against the seller of the land;
(k) a domestic company in arbitration proceedings to recover the monies due to it for its services as an interior decorator
Advising and representing:
(a) a domestic public sector Bank in insolvency proceedings in the NCLT against the Personal Guarantors of the Corporate Debtor;
(b) an Asset Reconstruction Company in insolvency proceedings in the NCLT under section 7 of the Insolvency and Bankruptcy Code, 2016 (“Code”);
(c) an International Bank in a company petition under section 9 of the Code under an Assignment Agreement;
(d) a Corporate Debtor in section 7 proceedings under Code before the NCLT against a multi system operator;
(e) A Resolution Professional before the NCLT in respect of an application challenging the auction process and seeking a re auction in respect of certain assets of the Corporate Debtor;
(f) A Liquidator before the NCLAT in respect of a claim rejected by the Liquidator;
(g) a Corporate Debtor in an Appeal before the NCLAT and successfully facilitating a settlement;
(h) an offshore client in respect of an auction process of the assets of the offshore subsidiary of an Indian holding company undergoing insolvency proceedings;
3. Insurance Claims and Coverage- Advisory and Disputes:
(a) Advising and representing a domestic technology services provider with offshore subsidiaries in USA in arbitration proceedings against an insurer in respect of their Cyber Policy, leading a ransomware attack and subsequent ransom of approx. USD 4.5 million;
(b) Advising a domestic company engaged in the manufacture and supply of rice in respect of a suit filed by it against an insurer in respect of the repudiation of its claim under a Fire insurance policy causing damage to rice / paddy;
(c) Advising an IT service management company in respect of the unlawful termination of its group insurance policy for its employees by an Insurer;
(d) Advising and representing an offshore multinational company against an Indian insurer in respect of the coverage under its Erection All Risk Insurance Policy;
(e) Advising and representing an offshore company in respect of the repudiation of its claim by an Insurer. The claim was made for termination of its Service Agreement by a vehicle manufacturing company under the Information and Network Technology Errors or Omissions Liability Insurance;
(f) Advising and representing an ex-director/ promotor of an Indian public sector bank in respect of a claim under the D & O policy of the bank for allegations of white collar crimes during his tenure with the bank;
(g) Advising a chemical manufacturing company in respect of a claim under an industrial all risk policy on account of a fire mishap leading to Surveyors not approving the claim and thereafter not providing payout under the claim;
“I have been working with Sonali for close to 2 years now, and my experience has been seamless. Sonali meets the deadlines at all times and is updated of all the matters. Her advices are very practical keeping into consideration clients expectations and reasonability of the same. She makes it a point to touch base with Marsh team from time to time in order to make sure that we all are aligned with the strategy and the next steps.
I look forward to continue working with her.”
Asst. Vice President- Claims Advocacy-FINPRO Marsh
AREAS OF PRACTICE:
- Dispute Resolution
- Insolvency & Restructuring
- Intellectual Property