Sudip Mullick

India

Khaitan & Co
One Indiabulls Centre, 13th Floor, Tower 1
841 Senapati Bapat Marg
Mumbai, 400 013, India

Tel: +91 22 6636 5000
Fax: +91 22 6636 5050

Email: sudip.mullick@khaitanco.com
Web: www.khaitanco.com

Sudip is a Partner at Khaitan & Co and heads the Real Estate and Hospitality practice in the Firm. He also specialises in construction contracts and disputes.

Recently, Chambers and Partners, Asia Pacific has ranked Sudip Mullick in Band 2 for the Real Estate Practice. In 2014 the Chambers Practice coverage featured Sudip in the Rising Star-Individual category for his expertise in Projects.

Sudip is a member of the Executive Committee at the Firm which is responsible for the Firm’s strategic growth and development. He also sits as a Non-Executive Director on the Board of Neosym Industry Limited.

In his areas of expertise, Sudip has represented and advised several clients, some of which have been mentioned below:

REAL ESTATE:
  • A Fortune 500 multinational company in relation to the acquisition of 135 acres of land in Andhra Pradesh;
  • A Fortune 500 multinational company in relation to sale of property in Mumbai, admeasuring 4595.06 square metres together with commercial and residential buildings;
  • Borosil Glassworks Limited in relation to sale of industrial land admeasuring about 74,112.72 square meters in north Mumbai and acquisition of residential space (in a building called Samudra Mahal) in south Mumbai;
  • CESC Properties Limited in relation to acquisition of two commercial premises in ‘Godrej BKC’ situated at BKC, Mumbai;
  • Dolphin Laboratories in relation to purchase of factory premises at Raghunathpur, West Bengal;
  • Elpro International in relation to sale of commercial space admeasuring about 1,50,000 sq ft in a mall in Pune;
  • Flexoplast Abrasives (I) Ltd in relation to sale of it’s industrial plot admeasuring 8 acres together with a factory constructed thereon situated in MIDC, Aurangabad;
  • GKW in relation to acquisition of land admeasuring 1.5 acres in Bengaluru;
  • Inox Leisure Limited in relation to a leave and license arrangement with Runwal Group for a premises admeasuring 58,800 square feet in the mall known as “R City” in Mumbai; and
  • Mahindra Holidays & Resorts India Limited in relation to acquisition of a land parcel admeasuring about 7.50 acres together with a beach resort admeasuring about 80,000 square feet built up area constructed thereon known as “Bhaasuram Resorts” situated at Trivandrum, Kerala.
TOWNSHIPS & IT PARKS
  • Azorim Investment Development and Construction Company Limited, Israel in relation to a joint venture and development of a premium residential apartment project in Faridabad, Haryana;
  • Azorim Cyprus Limited in relation to a joint venture for development of Information Park on 11.23 acres of land in Greater Noida, UP; and
  • Hindustan Motors Limited in relation to setting up and development of Integrated IT Township and real estate development in a joint venture to develop 314 acres of property.
    FDI in Real Estate
  • Green Lagoon in relation to acquisition of agricultural lands of approx 1300 acres in Maharashtra for development of a hill station, tourism destination and township; and
  • Intek Partners in relation to development of Special Integrated Township in Nagpur, Maharashtra and Thane in Mumbai for transaction value of INR 300 million.
    Real Estate Venture Capital Funds
  • Horizon Venture Capital Fund in relation to investment in Devbhumi Realtors Private Limited for development of a commercial complex, multiplex, service apartments, SEZ, IT/IES park in 30 acres at Knowledge City Hyderabad and 30 acres at Amonara special township in Maharashtra for commercial use.
RETAIL TRADE SECTOR
  • Food World Supermarkets Limited in relation to development of commercial space in Mumbai;
  • Giant Hypermarket and GKB Opticals in relation to development and licensing for retail space in Mumbai; and
  • Spencer and Company Limited in relation to development of a shopping plaza and licensing of retail space in Chennai.
CONSTRUCTION CONTRACTS
  • Amazon Corporate LLC in relation to their construction contracts;
  • CESC Limited in relation to setting up of the Budge 2×250 MW thermal power project in West Bengal, India and coal based power projects – 40 MW and 250 MW;
  • Electrosteel Integrated Limited in relation to the construction of 220 KV Double Circuit Transmission Lines on Lattice Structure on a turnkey basis;
  • Infrastructure Development Finance Corporation (IDFC) in relation to the construction of the six-laning road project in Andhra Pradesh;
  • Konkola Copper Mines Plc in relation to contract for sinking of new shafts, deepening of existing shafts together with other ancillary facilities for a mining project in Zambia;
  • South Asian Petrochem Limited in relation to setting up of a petresin plant at Haldia (West Bengal)for a petrochemical project; and
  • Vedanta Alumina Limited in relation to construction of Railway Sliding & Linkage from Brindamal Railway Station to the Aluminium Plant at Jharsuguda, Orissa, together with the Aluminium Smelter and Captive Power Plant.
CONSTRUCTION DISPUTES
  • Inox Leisure Limited in relation to a construction dispute with the Goa State Infrastructure Development Corporation;
  • Isolux Ingenieria S.A., Spain in relation to their claims against Mumbai Railway Vikas Corporation Limited with respect to their claims under the EPC contract for the design, supply, erection, testing & commissioning of a traction substation and feeding and switching posts in Mumbai;
  • Scomi Engineering BHD in relation to their claims against MMRDA for the construction of the Monorail System in Mumbai Metropolitan Region;
  • Walchandnagar Industries Limited in relation to an arbitration proceeding against M/s Trimex Sands Private Limited arising out of an agreement for setting up a beach sand mineral separation plant in Hyderabad, India;
  • A Scheduled commercial bank in relation to their disputes with an Indian developer with respect to a real estate project in India;
  • An Indian subsidiary of an Italian Engineering Company from 2014 in relation to a dispute arising with its sub-contractor due to delay by the sub-contractor in completion of the certain works pertaining to construction of a Polypropylene and Polyethylene Plant;
  • An Indian subsidiary of an Italian Engineering Company from 2014 in respect of dispute arising out of pending payments from the Owner concerning supply and erection contracts executed in respect of a Power Plant;
  • An American engineering, procurement and construction corporation in relation to their disputes with an Indian company regarding the construction of a regassification facilities project;
  • Indian arm of Japanese Engineering Company from 2013 in an arbitration against an Indian Company in respect of revamping of an existing petrochemical plant.
  • A consortium comprising of a Japanese engineering company and an Indian EPC company in an international commercial arbitration for claim of outstanding payments under a contract against an Indian company. The project was for setting up India’s largest petrochemical complex (Naptha Cracker Unit) with the help of 16 (sixteen) EPCC contractors; and
  • An Indian pharma company in relation to a dispute arising out of a construction contract executed with an Indian Entity in respect of a pharmaceutical plant being set up in Dahej, Gujarat.

Sudip has authored the following contributions:

  • “REP – Opinion” on RERA published in India’s Most Reputed Real Estate Brands, 2016.
  • “Conflict Resolution” (with Niharika Dhall) published in the Financial Chronicle (October 2016);
  • “Dispute Resolution in the Construction Industry” (with Yigal Gabriel and Niharika Dhall) published in the Property Observer (September 2016);
  • “Construction Contracts – A Legal Perspective” presentation given at the conference on Legal Issues in Infrastructure held on September 8-9, 2016 at Grand Hyatt, Mumbai
  • “An Alternative Dispute Resolution for Variations in Construction Contracts” published in Institute of Construction Claims Practitioners, Lexology, Mondaq and the Construction World Magazine (July 2016);
  • “Dealing with Dispute” published in the Construction World Magazine (June 2016);
  • “Ground realties to be considered while framing Rules under RERA” published in Construction Opportunities, Mondaq and Lexology (June 2016);
  • A chapter on “Variations in Construction Contracts” published in the Construction World Magazine, Lexology and Mondaq (June 2016);
  • “Modes of Dispute Resolution in the Construction Sector” published in the EPC World Magazine and Mondaq (June 2016);
  • “Does Attempt to Regulate the Real Estate Sector Help?” – published in ET Realty, Mondaq and Lexology (April 2016);
  • “Salient features of the Real Estate (Regulation and Development) Bill, 2016” published in Lexology and Mondaq (March 2016);
  • “Employment & Labour Law in India” published in the 5th edition of the European Lawyer Reference Series (2014);
  • “Employment & Labour Law in India” published in the 4th edition of the European Lawyer Reference Series (2012); and
  • “Acquisition of Immovable Property in India” published in the Commercial Property section of the European Lawyer Reference Series (2010).
“Khaitan & Co. provides ‘a very efficient service; fast response times, exceptional knowledge and good drafting’. The group has strong contentious and transactional experience, and is highly active in project lending and investment work. Sudip Mullick is ‘very creative in finding solutions to complex problems’, and recently advised Mahindra Holidays & Resorts on its acquisition of a beach resort in Kerala.”
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