Lawyer Profile

Mustafa Motiwala heads the Mumbai office. He specialises in litigation, arbitration, real estate, intellectual property rights, media and entertainment and corporate work. He has been advising clients in relation to all forms of dispute resolution, real estate, corporate and commercial, intellectual property rights and media & entertainment laws. 

 

He has been involved in drafting contentious court and tribunals’ proceedings.

 

He has strategized complex contentious proceedings and is actively involved in domestic and international arbitration. He is also actively involved in property related documentation involving complex transactions and disputes. He has advised multi-national companies on IPR related contentious and non-contentious issues. 

 

He is admitted as a Fellow of the Singapore Institute of Arbitrators. 

 

Broad experience: 

 

•  Represented and advised Macquarie Bank before the Hon’ble Supreme Court for securing the right to initiate insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (“Code”). The National Company Law Appellate Tribunal (“NCLAT”), vide its orders, had rejected Macquarie Bank’s Application under Section 9 of the Code to initiate insolvency proceedings against Uttam Galva Metallics Limited and Shilpi Cables Technologies Limited on two counts. Clasis Law filed Civil Appeals, against the above-mentioned orders passed by the NCLAT, where the Supreme Court, considered all the submissions and arguments made on behalf of all the parties and held that the requirement of filing the certificate under Section 9 (3) (c) of the Code is not a pre-requisite to trigger the insolvency proceedings under the Code and that the said Certificate is a procedural requirement and is directory in nature. The Supreme Court also held that the Demand Notices issued by the lawyers on behalf of Operational Creditors under Section 8 of the Code is valid and in order. Clasis Law was able to promptly secure this judgment by Supreme Court in a period of 2 months from the date of issuance of notice. This judgment has most definitely paved way for potential foreign Operational Creditors to avail the provisions of the Code and also for other Operational Creditors at large and is a much welcome change. 
•  Involved in EPC arbitration relating to foreign contractors under the Indian Arbitration and Conciliation Act involving multi-dimensional issues. 
•  Involved on ICC arbitration/s representing sub-contractor in a project involving complex issues. 
•  Advising and representing clients in contentious representatives suits and Public Interest Litigation in courts. 
•  Assisted client in enforcement of domestic and foreign awards in India. 
•  Involved in contentious shipping matters across High Courts in India; successfully advised a ship owner in obtaining a trend setting order for the ship to sail whilst under arrest from one port to another in India; 
•  Advised and involved in drafting contentious proceedings and also appearing in various judicial forums including High Courts, City Civil/District Courts, Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, Company Law Board and Consumer Forum. 
•  Advising and assisting Banks and Financial Institutions in expediting recovery of dues including included structuring pragmatic settlements and advising on alternate dispute resolution mechanisms. 
•  Advising and assisting in mergers and re-organisation of companies involving drafting amalgamation and arrangement schemes and petitions and other related proceedings; advising client on expeditious disposal; also advising on stamp duty implications including facilitating the stamping of the amalgamation order; facilitating necessary filings and statutory and regulatory compliances. 
•  Advising on laws relating to real estate and conveyance including drafting various re-development agreements, conveyances, agreements for sale, mortgages, assignment deeds, gift deeds, leases and leave and license agreements; advising stamp duty issues and registration; assisting clients in negotiation with the vendor/purchaser or their lawyers in transactions; investigating title to immovable properties and giving title report/certificate. 
•  Representing clients in suits pertaining to title of land involving complex issues of title. 
•  Advised and represented clients in testamentary matters in court in obtaining probate, succession certificate and also contentious testamentary cases. 
•  Advising clients on protecting Intellectual Property Rights including litigation strategies, assisting in registration of trademarks in India, U.S, EU and other jurisdictions. Assisting clients for registration of trademarks related to websites, services marks outside India. Advising clients on strategies for replying to objections raised for registration of trademarks in various jurisdictions and IPR litigation in Court. 
•  Drafting and negotiation of celebrity contracts with TV channels, modelling contracts, various contracts relating to films, advising in relation to link documents for acquisition of films, disputes pertaining to intellectual property rights therein, advising and strategizing on issues related to the agreements between parties in the media and entertainment industry. 
•  Conducting legal due diligence of various companies which were targeted to be acquired by clients. 
•  Drafting and negotiating distributorship agreements, agency agreements, sale agreements and other commercial agreements. 
•  Advising a PSU bank in respect of tender for banking software and assisting in replying to bidder’s comments. 

 

Professional appointments and activities 

 

•  American Bar Association(ABA) 
•  International Bar Association (IBA) 
•  Inter Pacific Bar Association (IPBA) 
•  Bar Council of Maharashtra and Goa 
•  Bombay Incorporated Law Society 

 

Qualifications 

 

•  B.Com. 
•  LL. B. 
•  Solicitor