5 St James Court

5 St James Court, led by Ravindra Chetty Senior Counsel, has advised on a significant number of transactions aggregating MUR 15 Billion, between the Mauritius Investment Corporation Ltd (MIC), which is a first-of-its-kind subsidiary of the Bank of Mauritius, whose primary objective is to protect the banking and economic system of Mauritius from the risks resulting from the effects of the Covid-19 pandemic by subscribing to Convertible Bonds deployed by an ‘Issuer’, with a view of assisting the distressed ’Issuer’ company.

Ravindra Chetty SC has also successfully represented the Honourable Prime Minister of Mauritius and other Ministers of the Government of Mauritius, in election petition cases under the Representation of People Act, that sought to challenge the National General Elections held in 2019, before the Supreme Court of Mauritius:

• Sayed-Hossen v Bablee & Ors (2022 SCJ 117), (2021 SCJ 310) and (2021 SCJ 298)
• Ramgoolam N. (Dr) v Hurdoyal & Ors (2022 SCJ 116), (2021 SCJ 394) and (2021 SCJ 251)
• Adebiro v Collendavelloo & Ors (2022 SCJ 27), (2021 SCJ 348), (2021 SCJ 196) and (2021 SCJ 91)
• Duval v The Electoral Commissioner & Ors (2021 SCJ 365), (2021 SCJ 218) and (2021 SCJ 188)
• Navarre-Marie & Ors v David & Ors (2021 SCJ 322)
• Jhuboo v Ganoo & Ors (2021 SCJ 284), (2021 SCJ 132) and (2021 SCJ 49)
• Sooredoo v The Electoral Commissioner & Ors (2021 SCJ 219)
• Dayal S. v Jugnauth P.K. & Ors (2021 SCJ 178)
• Jagutpal & Ors v Bundhoo (2021 SCJ 71)
• Chukowry v Navarre-Marie & Ors (2021 SCJ 23)

Other notable cases include:

• Arbitration: Ravindra Chetty SC acted for a foreign Bank headquartered in Mauritius, in a dispute between the two main shareholders of the Bank, under Article 4(1) of the Rules of Arbitration of the ICC.
• Judicial Review applications for orders declaring certain findings pertaining to the ex- Minister for Gender Equality and a Member of the Mauritian Bar, in the Report of the Commission of Inquiry on Drug Trafficking in Mauritius, to be in breach of natural justice, in breach of fairness, unreasonable, biased and wrong in law. (Jadoo-Jaunbocus v Lam Shang Leen & Ors – 2021 SCJ 84) and (Gulbul v Lam Shang Leen & Ors – 2021 SCJ 378). The cases have given rise to much public and legal interest as it involved complex issues of the interplay of Constitutional safeguards and the legality of terms of reference which delineate the powers of a commission of inquiry.
• Liquid Telecommunications Holdings Limited v West Indian Ocean Cable Company Limited (2021 SCJ 229): The majority shareholder of the consortium of national African telecommunications operators in an application to resist the discharge of an injunction against a proposed corporate transaction, which would have the effect of dis-applying the client’s pre-emption rights and diluting its relief claimed in an intended arbitration. The value of the matter was circa USD 209.6 Mln.
• Mauritius Telecom Ltd v Emtel Ltd (2021 SCJ 389): Ravindra Chetty SC successfully acted for Mauritius Telecom Ltd in an appeal against the decision of the Supreme Court of Mauritius, which held it to be jointly liable with four other entities; the Information and Communication Technologies Authority, Cellplus Mobile Communications Ltd and the Ministry of Technology, Communication and Innovation to pay damages to Emtel (Mauritius) Ltd, in the sum of MUR 554.1 Mln for alleged unfair market practices. This case reconciled how competition law in Mauritius operates within the framework of the (Mauritian) Civil Code.

Avinash Sunassee has acted in the ArcelorMittal v Essar litigation in Mauritius which has also been before the High Court in England. (https://www.bailii.org/cgibin/format.cgi?doc=/ew/cases/EWHC/Comm/2020/740.html&query=(arcelormittal)

Avinash Sunassee has also successfully acted for the following financial institutions:

• BCP Bank (Mauritius) Ltd in a complex appeal from the decision of the Competition Commission of Mauritius on novel issue of due process of the Competition Commission, relating to interchange fees applied by VISA and MasterCard
• Banque Pictet & Cie SA, in relation to a USD 20 Mln injunction

Avinash Sunassee has also recently advised on the largest and highly complex corporate rescue procedure of the national airline company (Air Mauritius Ltd), which is a strategic national asset, crucial for the country’s tourism industry and national investment strategy. The national airline company had been placed into Administration due to the Covid-19 pandemic. Upon the successful period of Administration, circa MUR 12, 000, 000, 000 (Mauritian Rupees) was injected into the national airline company, 50% of the company’s employment that had been in jeopardy, was safeguarded and passenger and cargo connectivity enabled the company to meet its market demands, while providing a renewal of comfort to the creditors and heralding the long-term stability and success of the company.