ALMT Legal Partners
Petrushka Dasgupta
Partner
Atlanta 4th floor
Office 45 & 46
Jamnalal Bajaj Marg
Nariman Point
Mumbai 400021
pdasgupta@almtlegal.com
Area of Practice- Corporate and Commercial Litigation
- Insolvency and Bankruptcy
- Dispute Resolution
- Aviation
- Real Estate
- Financing and securitisation
- Private Client
Petrushka has over 21 years’ of experience in Aviation, Asset and Structured Finance, Banking, Foreign International Investments, Strategic Debt Restructuring, Insolvency Laws, Corporate Laws, Real Estate, Private Client Practice, RBI and FEMA Regulations.
She has advised Indian Carriers, Foreign Banks and Leasing Companies with respect to Aircraft Purchase Agreements, Financing, Refinancing, Aircraft Leasing and has inducted over 200 aircraft into India, whether through US Exim Bank, European ECA Financing, EDC, operating lease, as well for aircraft lease/sale outside India. She has also advised clients with respect to financing/leasing of helicopters, private jets and engines. She has also extensively dealt with PBTH and engine shop visits contracts.
She was also previously reported in the Asian Business Counsel for a major aviation deal concerning acquisition of wide and narrowbody Boeing aircraft and has co- authored the India Chapter on Aviation Finance and Lease Country Comparative Guide for Legal 500 in August, 2020.
Petrushka also has in-depth knowledge and has successfully handled multiple litigations before the Hon’ble Supreme Court of India, Hon’ble Delhi High Court, Hon’ble Bombay High Court, NCLAT, NCLT, DRAT, DRT, SEBI, CESTAT among other forums involving insolvency, winding-up, debt restructuring and debt recovery. She also advises on several real estate issues and related documentation. Petrushka also advises on structuring of trusts (private and public), wills, probate, family settlement agreements and succession planning.
She has advised Indian Carriers, Foreign Banks and Leasing Companies with respect to Aircraft Purchase Agreements, Financing, Refinancing, Aircraft Leasing and has inducted over 200 aircraft into India, whether through US Exim Bank, European ECA Financing, EDC, operating lease, as well for aircraft lease/sale outside India. She has also advised clients with respect to financing/leasing of helicopters, private jets and engines. She has also extensively dealt with PBTH and engine shop visits contracts.
She was also previously reported in the Asian Business Counsel for a major aviation deal concerning acquisition of wide and narrowbody Boeing aircraft and has co- authored the India Chapter on Aviation Finance and Lease Country Comparative Guide for Legal 500 in August, 2020.
Petrushka also has in-depth knowledge and has successfully handled multiple litigations before the Hon’ble Supreme Court of India, Hon’ble Delhi High Court, Hon’ble Bombay High Court, NCLAT, NCLT, DRAT, DRT, SEBI, CESTAT among other forums involving insolvency, winding-up, debt restructuring and debt recovery. She also advises on several real estate issues and related documentation. Petrushka also advises on structuring of trusts (private and public), wills, probate, family settlement agreements and succession planning.
Recent Experience
- Advised India’s largest integrated textile company in relation to several winding up petitions filed before the Hon’ble Bombay High Court, the Hon’ble National Company Law Tribunal Ahmedabad, during the Corporate Insolvency Resolution Process (CIRP) and the implementation of the Resolution Plan with the successful Resolution Applicant.
- Advised India’s largest integrated textile company in respect to advising and representing the Company before the Hon’ble Supreme Court for challenging the order passed by the Hon’ble Security Appellate Tribunal, wherein the primary issue in consideration before the Hon’ble Supreme Court is whether the SEBI being the regulatory body can be considered as an operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC).
- Advised India’s largest integrated textile company with respect to advising and representing the Company before the Hon’ble Delhi High Court, wherein the Company had challenged the order passed by the Adjudicating Authority for defreezing the Company’s bank account, in lieu of section 32A of the IBC.
- Advised India’s largest integrated textile company in relation to the sale of six (6) immovable properties admeasuring nearly 30,000 sq.ft in Mumbai during the CIRP in accordance with the provisions of the IBC.
- Advised an infrastructure company in the CIRP before the Hon’ble National Company Law Tribunal, Mumbai and the Hon’ble National Company Law Appellate Tribunal, New Delhi in the matter of a CIRP of a subsidiary company.
- Advised personal guarantors before the Hon’ble Supreme Court in relation to Special Leave Petitions filed under Article 136 of the Constitution of India, wherein the primary issue in consideration before the Hon’ble Apex Court is whether under Section 95 of the IBC, the Adjudicating Authority can assume jurisdiction before determining the debtor-creditor relationship between the parties and whether the Hon’ble Debt Recovery Tribunal has the power to pass interim orders under Sections 95 to 98 of the IBC without giving the right of hearing to the affected party.
- Advised personal guarantors before the Hon’ble Supreme Court in relation to Writ Petition filed under Article 32 of the Constitution of India, wherein one of the erstwhile promoters of the Company has challenged the constitutional validity of Part III of the IBC.
- Advising a retail group of companies in relation to various proceedings filed before the Hon’ble Bombay High Court and the Hon’ble National Company Law Tribunal, Mumbai.
- Advising promoters of a retail group in respect of personal insolvency proceedings filed under Part III of the IBC and also proceedings initiated before the Hon’ble Bombay High Court.
- Advising companies with respect to with respect to the refinancing of its loan from with all the mortgage documents.
- Advising several international banks in relation to the financing of new spare CFM 56-5B6/3 engines to domestic Indian carrier.
- Advising an Indian Operator with respect the purchase and lease of Helicopters from Airbus and structuring of Head Lease and Sub-Lease of ATR 72-600 Aircraft.
- Advising a large international cargo carrier with respect to general corporate and aviation advisory on day-to-day operations.
- Advising an international aircraft lessor with respect to acquisition of 5 (five) Boeing 777-300 Aircraft in accordance with the provisions of the IBC.
- Advising a large NBFC with respect to real estate transactions involving leasing, licensing and sale of commercial properties. Additionally, advising on corporate, finance and partnership structuring within the group and representing the company in proceedings before the Hon’ble Bombay High Court.
- Advising private clients with respect to probate, setting up of trusts, family disputes, family settlements before Hon’ble Bombay High Court.
- Bar Council of Maharashtra & Goa, India
- BA 1997 - University of Bombay
- L.L.B. 2001 - University of Bombay
