Rautray & Co.

Education: B.Sc (Hons.), LL.B, Enrollment year - 1995

Mrs. Rautray has established a formidable reputation as an arguing counsel in commercial and corporate law before the Supreme Court of India and various High Courts in India. She has handled several complex commercial disputes relating to infrastructure projects, commercial disputes, construction disputes, taxation issues including the dispute relating to the construction of the Bhubaneshwar Airport and construction disputes arising out of contracts executed in Iraq and Libya.

Appointments:

Appointed as a Sole Arbitrator by the High Court of Delhi in a construction dispute.

Acting as Chairperson in the committee set up by a major Indian Computer Systems company to investigate sexual harassment against women in work places.

Arbitration experience:

New Delhi - Advising a leading Indian government undertaking in relation to dispute arising under sub-contracts in construction projects in Iraq and Libya with contracts governed by Iraqi and Libyan laws.

Advising an Indian government undertaking in a dispute relating to New Delhi City Centre -II building construction project.

Advising one of the largest construction companies of India in disputes relating to construction of national highway projects.

Advising several Indian clients in disputes relating to construction of residential apartments for private co-operative societies. One of the arbitration proceedings has a former Chief Justice of India acting as sole arbitrator.

Advising a leading Swiss company in dispute relating to technology supply to a 400 KV GIS power substation.

Advising a major construction company in a dispute arising out of construction of court complex.

Hyderabad - Advising client, an Indian government undertaking, in a construction dispute relating to the Salarjung Museum.

Kolkatta - Handling dispute relating to construction of the Bhubaneswar Airport between National Building Construction Corporation and J.G. Engineering.

Daman & Diu - Advising a major government undertaking in the bridge collapse matter in Union Territory of Daman.

Punjab & Haryana - Advised clients on disputes arising out of the construction of Cricket Stadium at Mohali.

Mumbai - Advised a leading multinational company in supply of SCADA technology for gas & oil project (off-shore and on-shore) for the largest government oil and gas company.

Orissa - Argued matters before the High Court relating to construction of earth dam for irrigation projects.

Litigation experience:

Representing 37 clients from State of Orissa including mining companies, power generating companies, steel manufacturing companies and Chinese EPC contractors involved in a Captive Power Plant (CPP) project in matters relating to challenge to the constitutional validity of the levy of entry tax by the State Government.

Advising a mining company before the Jabalpur High Court relating to issues arising out of payment of royalty for mining of granite in the State of Madhya Pradesh.

Instructed by a Public Interest Litigant to argue the delimitation matter relating to (holding of assembly elections) the State of Arunachal Pradesh before the High Court at Gauhati.

Self - argued matters before Supreme Court (reported decisions):

- Kipa Babu v. State of Arunachal Pradesh - A Public interest litigation against officials of the State of Arunachal Pradesh regarding siphoning of money sanctioned for construction of mental hospital in the State.

- T.N. Godavarman v. Union of India - Matter pertained to mining activities within the Forest Area. Matter related to section 2 of the Forest Act.

- Jagannath Packers v. State of Orissa - Eleven other matters tagged along with this were argued by me. The matter related to withdrawal of exemption on sales tax under the Industrial Policy Resolution passed by the Orissa State Government.

- Gokulnanda Jena v. State of Orissa - This is a reported judgment in the SCC laying down the law under section 16 of the Arbitration Act 1996. Matter relating to jurisdiction of the arbitrator was held to be a matter for the arbitrator to decide.

- Jindal Stainless Limited v. State of Haryana - Constitution Bench matter relating to the validity of the State imposed Entry Tax and interpretation of various provisions of the Constitution of India.

- Bank of India v. Nangia Constructions Pvt. Ltd. - matter relating to encashment of unconditional Bank Guarantee after the expiry of the validity period which was invoked during the validity period.

- NBCC v. J.N.S Constructions - Matter related to interest being levied on NBCC even after the attachment of the amount due by the executing court.

- Hafiz v. State of UP - Criminal matter relating to conviction under section 302 of Indian Penal Code (IPC).

- National Insurance v. Sleepers supplier - matter relating to issue of liability of the Insurance Company when the driver of the vehicle held a forged driving licence.

- S. Sumnyan v. Limi Niri - a service matter involving recruitment of several Engineers by the State of Aruncahla Pradesh.

- Prem Kumar Gupta v. State of MP - relating to quashing of proceedings under section 420 of IIPC when complaint and FIR does not make out a case.

- Banshilal Soni v. Kastoor Chand Begani - matter relating to award of compensation instead of specific performance in a property dispute.

Self -argued matters in various other High Courts:

Delhi, Calcutta, Bombay, Madhya Pradesh, Chhatisgarh, Jaipur Bench of Rajasthan High Court, Orissa, Nainital, Punjab and Haryana, Mumbai, Gauhati, Ahmedabad.

Ginny J. Rautray

Contact

B3/18, Vasant Vihar

Paschimi Marg

New Delhi - 110057

Tel: +91.11.46113964

Email: [email protected]