Advised TVS Singapore through TVS Motor India on inter alia the following overseas acquisitions in Switzerland and Croatia.
acquisition of around 80% stake in GO AG, a Swiss company, engaged in business of developing and building technically advanced products for electric mobility solutions including e-bikes, e-cargo bikes and e-scooters. This was an overseas acquisition by TVS overseas entity.
acquisition of a controlling interest (~ 50%) by way of primary and secondary investment in Greyp Bikes d.o.o. (Target), a Croatia based company, engaged in the business of focusing on development of smart IoT e-bike solutions, design and production of e-bikes and operating software and platform to enhance user experience and data collection.
Advised SNP SE and their German law firm, RITTERSHAUS Rechtsanwälte Partnerschaftsgesellschaft mbB on its majority acquisition of another German company, Exa AG, having an Indian affiliate, Exa-AG India Private Limited. The services rendered covered legal due diligence and advice on the global transaction documents to cover issues and conditions precedent from Indian law including company law and foreign exchange laws. This transaction was significant as several compliances related advise was rendered to protect the interests of our German client and suggested appropriate specific indemnity and other indemnification protections.
Dua Associates advised Blaser Swisslube in preparation of the joint petition for sanction of the scheme of arrangement with Blaser Swisslube Solutions India Private Limited (BSSPL) for the transfer and vesting of the wholesale trading business of Blaser Swisslube as a going concern to BSSPL in exchange for the shares of BSSPL to be issued to the shareholders of Blaser Swisslube.
Dua Associates advised Mahindra Logistics in their acquisition of approximately 60% stake in ZipZap Logistics, a last-mile logistics service provider that operates under the brand ‘Whizzard’. This was effected through a combination of primary and secondary transactions in two tranches. The firm assisted Mahindra Logistics in structuring and negotiating the transaction documents as well as in conducting a due diligence of the target company. The acquisition will complement Mahindra Logistics’ existing last-mile delivery business and EDeL, its electric vehicle (EV) based delivery services. Expanding technology-based last-mile services is an integral part of the company’s growth strategy and this transaction will help accelerate addition of technology, geographical coverage and operational capabilities.
Dua Associates assisted Hyderabad-based Fourth Partner Energy in its acquisition of the onsite distributed 140 MW solar generation portfolio of ReNew Power .The assets, are spread over 100 pan-India projects, set up at facilities where the renewable energy produced is consumed there itself. Most of these projects are operational.
Dua Associates assisted Maniv Mobility II L.P, Maniv Mobility II A.L.P which is a venture capital firm investing globally across the automotive, transportation, energy, and logistics spaces, in a matter related to an investment in the share capital of World of River Private Limited by subscription to equity shares and preference shares issued by World of River Private Limited - a start up with focus on manufacture of motor vehicles, trailers and semi-trailers activities across the India.
The Firm represented two companies namely Kobelco & Materials Copper Tube (Thailand) Co, Ltd and Alconix Logistics (Thailand) Ltd. in a recently concluded anti-subsidy investigation concerning import of Copper Tubes and Pipes from Malaysia, Thailand and Vietnam. This investigation was initiated by the DGTR suo-moto based on a representation filed by Bombay Metal Exchange. Dua Associates filed the response to the exporter’s questionnaire as well as a comprehensive injury defence substantiating a nil rate of duty for Kobelco and Alconix. The Firm represented the Kobelco and Alconix in oral hearings, filed comments and submissions throughout the investigation and demonstrated that the companies have not received countervailing subsidy on goods exported to India. The Firm was able to secure the exclusion of certain product categories from the scope of investigation. In addition, based on the submissions made by the Firm, Kobelco and Alconix were granted a Nil rate of duty.
Dua Associates represented the China Chamber of Commerce for Import and Export of Medicines and Health Products ‘CCCMHPIE’ and its members namely Zhejiang Apeloa Kangyu Pharmaceutical Co., Ltd., Inner Mongolia Yuanhong Fine Chemical Co., Ltd., Zhejiang Medicines & Health Products Import & Export Co., Ltd., Zhejiang East-Asia Pharmaceutical Co., Ltd, Anhui Biocompounds Pharmaceutical Co., Ltd., and Sinopharm Healthcare Technology (Henan) Corporation for injury defence in an anti-dumping investigation concerning exports of ’Ofloxacin and its intermediates’ from China PR. The firm also represented Zhejiang Apeloa Kangyu Pharmaceutical Co., Ltd for dumping and injury determination. The product subjected to investigation was defined as ‘Ofloxacin and its intermediates’ used to treat certain infections including bronchitis, pneumonia, and infection of the skin, bladder, urinary tract, reproductive organs, and prostate. In medical parlance, Ofloxacin is in a class of antibiotics called fluoroquinolones and works by killing bacteria that cause infections. Considering the downstream use of the product, the Central Government has not issued the notification levying anti-dumping duty within prescribed timeline and no anti-dumping duty is payable.
The firm represents Henan Ancai Group in anti-dumping investigation sunset review concerning imports of Textured Tempered Glass from China PR. Prior to the present investigation, the firm has also represented Ancai Group in the original investigation. Based on representation filed by Dua Associates, the Ministry of Finance rejected the recommendation by the DGTR in the sunset review. As a result, the recommendation of the DGTR is not implemented and the duty imposed in the oral investigation ceased to exist without any extension.
Dua Associates represented Otsuka Chemicals (India) Private Limited (“Otsuka”) in the arbitration initiated by the contractor arising out of a contract for construction of a GCLE project including Manufacture, Supply, Fabrication and Erection of Equipment, Piping Systems, Instrumentation and Electrical Material at Otsuka’s site in Rajasthan. GCLE is a vital drug intermediate which has a very high demand and usage in India as an ingredient to produce several antibiotics.The primary claims raised by the contractor pertain to purported extra work carried out which are not covered within the contractual scope of work. This was a complex arbitration requiring interpretation of multiple contractual documents, an understanding of engineering terms and engineering drawings called piping and instrumentation diagrams. In the recent arbitral award published, Otsuka succeeded in these proceedings as the contractor’s claims were dismissed in their entirety.
