Swarnendu Chatterjee

Partner

B.BA. LL.B (Hons.)—School of Law, KIIT University, Bhubneswar, Odisha.

Bar Enrollment

Bar Council of West Bengal (2013)

Professional Memberships

Member, Supreme Court Bar Association.
Member, Supreme Court Advocate-On-Record Association.
Life Member, Bar Association of India.
Life Member, Indian Institute of Arbitration & Mediation.

Areas of Expertise

Swarnendu Chatterjee is an Advocate-on-Record, Supreme Court of India since March 2020. He has previously worked with Saraf and Partners, L&L Partners and MAP Corporate Legal as Principal Associate in the Dispute Resolution Teams of the aforesaid firms. He has extensive experience spanning more than a decade, including being chamber junior to Late Shri P.P. Rao from 2013-2017 and erstwhile ASG Hon’ble Justice P S Narasimha (Judge, Supreme Court of India) from October 2017-April 2018.

He has worked in many fields of law and his experience of close to a decade extends to virtually all aspects of litigation and arbitration. He has extensive experience in both domestic and international jurisdictions. Swarnendu has extensively advised on debt recovery, insolvency, banking and financial issues, service matters, matters of constitutional importance and commercial and corporate disputes and real estate in various Courts all over India.

He regularly appears before the Hon’ble Supreme Court of India and various High Courts, more particularly, the High Court of Delhi, the High Court of Jharkhand, the High Court of Andhra Pradesh and Telangana, the High Court of Calcutta, Allahabad High Court (Principal Bench at Allahabad) and Madhya Pradesh High Court (Jabalpur). Swarnendu has been appearing as lead counsel before various Judicial and quasi – judicial forums including, Supreme Court, various High Courts, Income Tax Appellate Tribunal, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) etc.

He has a vast experience of briefing senior counsels and had assisted doyens of the bar in several matters of constitutional importance, including the entry tax matter (nine judge bench). He has successfully represented clients and argued various matters in more than 5 High Courts, National Company Law Tribunals and the Supreme Court. He has successfully argued applications for recovery before the Debt Recovery Tribunal, Company Petitions and Insolvency Proceedings etc., on behalf of leading financial institutions and Non-Banking Financial Companies, Labour Unions, Logistic Companies and Private Individuals. He was also empanelled with MMTC from 2016-2018.

Swarnendu has over 50 publications in the form of articles and blogs in various journals (both online and print) including SCC Online, IndiaCorpLaw, Bar and Bench, et al. Swarnendu has been nominated as an Expert on Commercial Laws and Insolvency Laws in the column “Experts Corner” of SCC Online Blog (EBC).

Swarnendu has taken Guest Lectures/Value-Added Course in the following Universities on Commercial Laws, Arbitration and Insolvency Laws:

WBNUJS (2022) (Value Added Course on IBC).
RGNUL, Patiala (2022) (Guest Lecture on IBC and Arbitration.
Jindal Global Law School (2021 and 2022).
School of Law, Benett University, Greater Noida.
School of Law, KIIT University, Bhubaneswar. (2022)
National Law University Odisha (2019)

Work Experience

An illustrative list of matters handled by Swarnendu is as below:

Insolvency Process of Essar Projects (India) Limited (EPCC) And Bhartiya Defence India Limited (BDIL): Swarnendu has advised Deloitte who are the liquidators/insolvency professionals for EPCC and BDIL on the various aspects of the litigation under the Insolvency and Bankruptcy Code.
Insolvency Resolution Process of Jet Airways (India) Private Limited: Currently advising and appearing as the lead counsel for the Association of Aggrieved Workmen (Regd.) in the appeal preferred by the body before Hon’ble National Company Law Appellate Tribunal (NCLAT) against the approval of Resolution Plan. (Judgment dated 21.10.2022 widely reported by media).
Jindal Welding Precision Private Limited: Swarnendu is currently advising M/s Jindal Welding Precision Private Limited for ongoing dispute with the Resolution Professional of M/s Belgium Aluminum Private Limited before National Company Law Tribunal Mumbai.
Trade Union of Lakshmi Precision Screws Private Limited: Currently advising and representing the Trade Union of Lakshmi Precision Screws Private Limited for their dispute with respect to salaries and terminal benefits like Provident Fund and Gratuity before National Company Law Tribunal, Chandigarh Bench.
Ex-Employees of Moserbaer Electronics Private Limited: Currently advising and representing the Ex-Employees of MoserBaer Electronics Private Limited with their dispute with the Resolution Professional with respect to the wages and salaries before the National Company Law Tribunal, Delhi.
Advising Paragon Publishers and appearing for them as AoR and Counsel in a dispute related to Sec. 138 NI Act before Hon’ble Supreme Court and P&H High Court.
Advising NICCO Corporation and NICCO Ventures (NICCO Group) and appearing for them in a matter related to share-purchase agreement and appeal against an arbitral award before Hon’ble Delhi High Court.
GMV Global Ventures Pvt Limited (Jaideep Singh -Director): Currently advising and representing Mr. Jaideep Singh in a builder-buyer dispute and EOW complaint before the High Court of Delhi and Tis Hazari Courts, New Delhi.
M/S NPK Buildcon Through Mr. Varun Khanna: Currently advising and representing Mr. Varun Khanna partner of M/s NPK Buildcon with respect to a tender contract dispute with Rajasthan Tourism Development Corporation.
Mr. Amit Bharat Bhai Shah (Iron Merchant): Represented Mr. AB Shah (Iron Merchant) before the Supreme Court of India as Counsel and Advocate-On Record, with respect to his Impleadment Application in the matter concerning interest to be charged during moratorium and its validity.
Moserbaer Karmchari Union: Successfully represented and advised MoserBaer Karmchari Union in their dispute concerning salaries and wages before the National Company Law Tribunal, Delhi and National Company Law Appellate Tribunal, New Delhi as well as before the Supreme Court of India. Successfully argued the matter wherein 2500 employees and workmen have received their gratuity and provident fund.
Nahar Finance Private Limited: Appeared and led the arguments in the captioned matter before the Supreme Court of India. The case concerned cancellation of registration as Non-Banking Financial Companies as provided under RBI Act, 1934.
ISKCON: Successfully assisted Late Shri PP Rao in the theological dispute and dispute concerning the properties of ISKCON before the Supreme Court of India.
MMTC – Dhanraj Mahto: Successfully assisted Late Shri PP Rao in the captioned case before the Division Bench of the Jharkhand High Court and subsequently before Supreme Court of India. The matter concerned parity in pay-scale of workmen of MICA Division and regular employees of MMTC.
Employment Dispute/Service Matter of Rathin Ghosh (Exec. Engineer WBSEDCL): Swarnendu had advised Mr. Ghosh and represented him before the Hon’ble Supreme Court. Had briefed Mr. Shyam Divan Senior Advocate for the same.
Juhie (India) Private Limited: Successfully argued the matter before Hon’ble Delhi High Court and got an order of restoration of license of the NBFC.

Awards & Recognition

Swarnendu was awarded with the Lex-Falcon Award in April 2021 in Dubai, for being one of the top 100 young achievers in the legal field in 2020-21.
Swarnendu has recently been awarded as the “Best Insolvency and Bankruptcy Lawyer of the Year-India (GLOBAL LEX-FALCON) at LexTalk World Conference- Singapore 2022.”