India's ambition for rapid infrastructure development is creating a landscape of immense opportunity and complexity. With significant investments pouring into the sector; from electricity grids and highways to ports. We anticipate roadblocks and design solutions, ensuring your vision becomes a reality.
Over the last decade, India has embarked on an ambitious journey of infrastructure development to reinvigorate the economy. To foster economic growth and development, government has allocated Rs. 1,111,000 million towards capital expenditure (3.4% of GDP), marking an increase of over 5 times in the last 10 years.
At Khare Legal, we are dedicated to helping our clients navigate this dynamic environment, offering strategic, innovative, and commercially-focused legal solutions.
A Partner for Every Stage of Your Project
We provide comprehensive counsel throughout the entire lifecycle of your projects, from initial conception to long-term operation. Our services cover all aspects of business activities, including:
- Project Development & Strategy: We assist with your strategic and expansion plans, offering expert guidance on regulatory, tax, and commercial matters.
- Complex Agreements: Our team handles the drafting, documentation, and negotiation of critical agreements, including joint ventures, power purchase agreements, and intergovernmental arrangements.
- Risk Management & Compliance: We help you manage risks associated with construction, operation, and maintenance contracts, ensuring you remain compliant in a fast-evolving regulatory landscape.
- Corporate & Commercial Advice: We provide up-to-date corporate and commercial advice to support your day-to-day operations and long-term goals.
Solutions in a Complex World
We specialize in finding simple, workable commercial solutions within complex legal and regulatory frameworks. Our deep market knowledge and innovative legal strategies are designed to support any infrastructure investment or activity.
Our robust practice is supported by our dedicated dispute resolution team, which is experienced in advising clients on a wide range of complex infrastructure issues through both litigation and arbitration.
Our Experience in Action
Our experience spans the entire spectrum of infrastructure, energy, and power projects. We have advised on:
- Energy Projects: Including wind, solar, and thermal power generation.
- Water & Transportation: Including desalination plants, airport facilities, rail infrastructure, and ports.
- Project Types: From green-field developments under public-private partnership (PPP) models to the privatization of existing infrastructure assets through financing, dispositions, and long-term concessions.
We are your trusted partners in turning complex legal and regulatory challenges into opportunities for growth.
Our services in Infrastructure segment include:
- Airports
- Defence
- Education
- Energy and Power (including Renewable Energy)
- Healthcare
- Light Rail and Urban Transport
- Mining
- Oil and Gas
- Ports
- Process Plants
- Roads
- Sanitation
- Social Infrastructure
- Technology
- Telecommunication
- Transportation (including Air, Sea and Surface Transportation)
- Energy from Waste
We strive together with our clients to develop their most significant infrastructure projects. In addition to having the commitment and expertise of an expert team, clients have full access to Khare Legal’s broader capabilities.
We have an exclusive team of highly experienced techno-commercial experts who have been CEOs of well-known MNCs or heads of business units of large MNCs such as ThyssenKrupp, ISGEC, Johnson Controls, GKN Drive Line, Mahindra & Mahindra, Tata Motors etc.
Our Experience
- Representing one of the largest cooling tower manufacturers in a USD 110 million international arbitration against one of the world’s leading power plant manufacturers.
- Acting as Counsel for an electricity state utility in an arbitration involving claims of approximately INR 3,000 crores.
- Appearing and advising in multiple high-value arbitrations for reputed EPC and turnkey contractors against petroleum refineries and engineering companies across India.
- Representing a leading telecom tower and infrastructure company in its USD 50 million arbitration against a prominent telecom infrastructure service provider.
- Appearing in six commercial arbitrations on behalf of a reputed international automobile company.
- Acting for an offshore construction company against ONGC in a long-standing arbitration matter.
- Appearing in arbitrations for ethanol manufacturers, turnkey EPC contractors, and energy companies involving issues of construction delays, bad faith, and impossibility to perform.
- Representing a power distribution company in arbitration against a state utility concerning interpretation of Power Distribution Agreement (claim value INR 14 crores).
- Advising and appearing in arbitrations involving breach of trust, electricity franchisee contracts, and commercial disputes in diverse industry sectors.
- Advising the State of Maharashtra on the development of a 660 MW thermal power plant, including issues relating to land acquisition, project finance, EPC contracts, and regulatory compliance.
- Advising on establishment of a greenfield 186 MW hydro power project in Nagaland, covering external commercial borrowings, debt-equity structuring, taxation, and regulatory matters.
- Acting as advisor for multiple renewable energy projects, including solar, wind, hydro (micro to large), biomass, and cogeneration power plants.
- Advising on setting up of 5 MW and other grid-connected solar power projects in Maharashtra.
- Advising a private company developing a 300 MW thermal power plant in North-East India, including expansion planning and project structuring.
- Drafted and finalized EPC and project contracts for an 800 MW power project valued at approximately USD 800 million.
- Advising companies and state utilities on tariff determination, power purchase agreements (PPAs), open access, and cross-subsidy surcharge issues before MERC and APTEL.
- Advising biomass and cogeneration power producers on tariff and policy matters before MERC and APTEL.
- Representing state utilities in regulatory proceedings concerning tariff for wind, hydel, and thermal power projects, involving financial implications exceeding INR 800 crores annually.
- Advising hydro power developers in Uttarakhand and Nagaland on licensing, regulatory approvals, and financing structures.
- Acting as advisor to infrastructure consultants and developers on regulatory frameworks, compliance, and project financing.
- Filed information and obtained a landmark order from the Competition Commission of India against Coal India Ltd. and its subsidiaries for abuse of dominance in coal supply to the core industries sector — one of the largest competition law actions against a public sector monopoly in India.
- Represented a leading infrastructure finance company before the CCI in an abuse of dominance proceeding.
- Acted as sole advisor for private equity infusion of INR 781 million by a State Utility for expansion of its power plant.
- Advising a leading financial institution on six strategic joint ventures in the manufacturing sector.
- Advising a leading Japanese conglomerate on shareholding issues concerning its 660 MW power project in India.
- Advising a leading foods company on Alternate Investment Fund (AIF) structuring and compliance for investments exceeding INR 1,200 crores.
- Advising and assisting on external commercial borrowings, project financing, and tax-efficient investment structures for power and infrastructure projects.
- Advising power producers on Additional Supply Charge, cross-subsidy surcharge, open access, and power exchange issues.
- Represented steel, cogeneration, and renewable energy companies in tariff determination and compliance proceedings.
- Advised on inland water transport project for the State of Maharashtra, including legal and policy framework.
- Represented one of India’s largest container terminals on Export Oriented Unit (EOU) status and regulatory compliance.
- Advised one of India’s largest oil exploration companies on upstream regulatory and business issues.
- Advising one of India’s largest hotel chains on corporate, real estate, and regulatory matters across multiple Indian properties.
- Acting as advisor to infrastructure consultants on project structuring, financing, and compliance for large-scale public infrastructure initiatives.
- Representing Kargwal Construction Pvt. Ltd., a leading infrastructure developer, in arbitration against Cochin Port Trust seeking recovery of ₹68.78 Crores for unpaid construction dues.
- Appeared for Vedanta Foundation before the Kalyan Court and Bombay High Court in various writ petitions and suits.
- Defended Vedanta Ltd. in a suit before the Bombay High Court challenging the legality of a share sale transaction.
- Acted as Indian legal advisors to Sany Heavy Industry Co. Ltd. for issuance of an Indian legal opinion concerning the listing of Global Depositary Receipts (GDRs) on the Frankfurt Stock Exchange.
- Represented NCC Ltd. before the Bombay High Court in a writ petition against the GST Department, seeking quashing of an arbitrary show-cause notice.