Nitish Gupta

Nitish Gupta

Partner | New Delhi

Regulatory & Policy, Dispute Resolution
Enrolment No. D/1020/2010

About

Nitish is a partner in the Regulatory & Policy practice group of the firm. With over 11 years of experience, he has undertaken litigations concerning a wide range of subjects including Electricity (generation, distribution and trading), commercial arbitrations, issues pertaining to interpretation of commercial contracts, Intellectual Property Rights, contracts and service laws. Nitish has varied regulatory and disputes profile wherein he has independently appeared and argued cases before different forums including but not limited to Supreme Court of India, various courts, commissions as well as various trial courts/commissions and quasi-judicial authorities He has successfully opposed and argued many original side matters before Delhi High Court and Bombay High Court including but not limited to cases pertaining to misappropriation of Trade Secrets, public law remedies, criminal law including white collar crimes and murder trials. He is a 2009 law graduate from Guru Gobind Singh IP University, Delhi.

Practice areas

  • Regulatory & Policy
  • Dispute Resolution

Expertise

  • Public law remedies
  • Regulatory disputes
  • Disputes pertaining to interpretation of statutes and contracts
  • Commercial arbitrations
  • Criminal law including white collar crimes

Representative matters

  • GUVNL on representing before CERC & GERC in litigations relating to approval of amendments to long term PPAs entered with Power Generators making fuel cost as pass through in furtherance of High Powered Committee’s recommendations subsequent to Energy Watchdog Judgment of Supreme Court disallowing relief to Ultra Mega Power Plants for unprecedented increase in prices of Indonesian coal
  • DISCOMS of Maharashtra on representing before Delhi High Court and Competition Commission of India (CCI) in a case questioning the jurisdiction of CCI in electricity/power sector
  • Sembcorp Energy India on representing before Hon’ble Supreme Court of India with respect to the issue of ‘Appropriate Commission’ under Electricity Act, 2003 for Power Plants supplying power to the newly formed State of Andhra Pradesh and State of Telangana in furtherance  of reorganization of erstwhile State of Andhra Pradesh
  • Haryana DISCOMS on representing before Chandigarh High Court and Faridabad District Court in opposing anticipatory bail to Managing Director of a big sportswear company for fraud qua payments of electricity bills
  • Tata Power Delhi Distribution on representing before APTEL in a challenge to wrongful declaration of Commercial Operation by an Ultra Mega Power Plant.