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Dispute Resolution Contract Management

Location:
Lucknow, Uttar Pradesh, India
Posted:
January 25, 2024

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Resume:

ABHISHEK DUA

*, ***** *****,

Mall Avenue, Phone: 875*******; 981-***-****

Lucknow-226001, Email: ad23gz@r.postjobfree.com

Uttar Pradesh DOB: 18th November, 1978

India

Seeking assignments in a dynamic and growth-oriented organization PROFESSIONAL SYNOPSIS

Summary

Consultant & Trainer: World Bank funded Project, executed by LINPICO, on Capacity Building in Contract Management, including Alternative Dispute Resolution Mechanisms, Ministry of Finance, Government of Rajasthan, Jaipur.

Assistant Professor (Law), Alliance University, Bangalore, taking up subjects, Alternative Dispute Resolution, Transfer of Property, Contract Drafting and Mass Communication. Pursuing Ph.D in Law,

(Aug, 2018 Batch). Thesis submitted for review.

Worked as Contract Specialist with Accenture India, Noida Worked as Deputy Manager with HLL Lifecare Limited, Noida Private Practitioner & Consultant with Indus Tower Limited, Consultant with Hindustan Latex Limited, Lucknow)

Examiner & Faculty at the Institute of Company Secretaries of India Have been Faculty at IIPM, Lucknow for Business Laws Have worked as a Senior Assistant Legal & Project Counsel with the Asian Development Bank, New Delhi

Have worked as an in-house legal counsel with Bharti Airtel Limited and Suzlon Energy Limited

Have provided corporate consulting in a wide range of legal issues viz Labour Laws, Contract labour, Workmen’s Compensation Sales and Service Tax etc. and planning strategies for legal matters

Expertise in Negotiating, drafting and executing all kind of contracts and agreements, procurement documentation, tender business, bid evaluation/ reports, related contracts and in drafting Legal Notices, site acquisition & land matters, Plaints, Written Statements, Writ, Petitions, Appeals, Case Papers, Affidavits, etc. for legal proceedings under various statutory acts. An effective communicator with good relationship management skills & adept at liaison, maintaining cordial business relations with legal counsels and other external agencies.

Areas of Expertise

RTI

Legal Documentation

Advocacy

H.R issues & Employment

Law

Trust Law

Communication: Internal &

External

Regulatory

Corporate consultancy

Intellectual Property Rights

Management

Environmental Law

Consultancy

Labour Law consultancy

Revenue Board Matters

Procurement

Contracts & Agreements

Liasoning

Research & review

Site Acquisition & Land

Issues

Legal documentation &

Leasing

Recovery

Title Search, Non-

Encumbrance Certificate

Collection management

Litigation (High Court, Civil

& Criminal court)

Arbitration

Faculty

Computer Skills

Well versed in MS-Office

including (MS Excel, MS Word &

Power-point) and Internet

tools.

PROFESSIONAL EXPERIENCE

Organization: Advocate, Consultant & Counsel Duration: Aug, 2020-Present Designation: Advocate, Consultant & Counsel

Job Profile

Consultant & Trainer: World Bank funded Project, executed by LINPICO, on Capacity Building in Contract Management, including Alternative Dispute Resolution Mechanisms, Ministry of Finance, Government of Rajasthan.

Faculty of Law: Law of Contract & Alternative Dispute Resolution: Kingston University, Kolkata. Review, drafting, vetting, negotiating of various agreements, lease deeds, sale deeds, leave and license agreements etc and their execution, Contract Management Drafting of templates and standardization of commercial and legal and other documents Drafting and reviewing commercial and legal documents, like BG’s, Indemnity’s, Affidavits, Notices. Arbitration Proceedings, Mediation

Recovery U/s 138 NI Act, Order 37, CPC, Recovery Notices, Suits RTI

Organization: Alliance University. Duration: Dec, 2017-July, 2020 Designation: Assistant Professor Law

Job Profile

Subjects Taught: Alternative Dispute Resolution, Transfer of Property, Juvenile Justice, Mass Communication, Drafting of Contracts.

Seminar Paper: Media & Law.

Editor of law school magazine, Head: Dramatics Club, Debating Club, Poetry Club. Member of the Anti-ragging Committee and the Sexual Harassment Committee. Publication: Dua Abhishek (2020). Impact of Fake News: An Indian Electoral Perspective, IJLS, Vol-6, Issue -1

Organization: Advocate, Consultant & Counsel Duration: Jul, 2015-Nov, 2017 Designation: Advocate, Consultant & Counsel

Job Profile

Review, drafting, vetting, negotiating of service provider agreements, lease deeds, sale deeds, leave and license agreements etc and their execution

Procuring Non-encumbrance Certificate (NEC)

Contract Management

Drafting of templates and standardization of commercial and legal and other documents Drafting and reviewing commercial and legal documents, like BG’s, Indemnity’s, Affidavits, Notices. Arbitration Proceedings

Recovery U/s 138 NI Act, Order 37, CPC, Recovery Notices, Suits RTI

Organization: Accenture India Limited Duration: Sept, 2014- June, 2015 Designation: Contract Specialist (Level 9)

Job Profile

Review, drafting, vetting, redlining, negotiating agreements, MSA’s, SOWS, amendments and addendum thereto and their execution.

Drafting of templates and standardization of commercial and legal and other documents. Drafting and reviewing commercial and legal documents, like BG’s, Letters of Credit, Indemnity’s, NDA’s, etc.

Contract Management

Compliance, FCPA, OFAC etc

Working on ARIBA & R-portal

Organization: HLL Lifecare Limited Duration: May2011–Sept, 2014 Designation: Deputy Manager Legal

Job Profile

Review and drafting of the terms of the tender document (RFP’s) and resolving all issues related thereto. Drafting of templates and standardization of commercial and legal and other documents. Addressing to issues arising out of the tender inquiry document and its process. Assisting the procurement department to settle arising claims. Addressing to queries and appeals under the RTI Act, 2005. Employment Law matters; Internal & External Communication, Drafting of internal Policies, Advocacy; Resolution of employment related issues, viz termination, payment of dues etc, Member of Sexual Harassment Committee

Resolving matters under Excise tax, VAT, Service tax Formulating and drafting the terms and conditions of various agreements to be executed. Vetting and drafting of various Commercial and Legal Documents & Agreements, viz Bank Guarantee’s, LC’s, MoU’s, Non-disclosure Agreements, Proposals, Lease, License Agreements, Service Provider Agreements, Customer Agreements, Lease deeds, Leave and License Agreements, Service Provider Agreements etc.

Matters relating to Management of Trusts, amendment of trust deed etc Intellectual Property Rights Management, more specifically Trademarks, Industrial Design and Patents. Recovery suits, writ petitions.

Arbitration

Organization: Private Practitioner & Counsel Duration: June2008–April, 2011 Designation: Advocate, Counsel & Faculty

Job Profile

Faculty at the Indian Institute of Company Secretaries of India, Lucknow Chapter, for Business Laws, Economic legislations and General laws & Procedures. Visiting Faculty at IIPM, Lucknow Campus, Lucknow for Business Laws and Labour laws. Appropriate proceedings at Revenue courts, Debts Recovery Tribunal and the Board of Revenue, Appropriate proceedings at Consumer Courts and Motor Accidents Claim Tribunal Appropriate proceedings at the Labour courts.

Writs and Appeals at the High Court.

Drafting of Legal & Commercial Documents, including but not limited to Agreements & Contracts, including vendor agreements, franchisee agreements, Lease & license agreements, etc Sale Deed, Agreement for Sale, Agreement for Leave & License, Lease Deed, Gift Deed of Movable & Immovable Property, Wills, Tenancy Agreement, Power of Attorney. Drafting of Documents required while taking Loan from Banks, including but not limited Affidavit / Declaration, Loan Agreement, Indemnity Bond, Deposit of Title Deeds, Pawn, Pledge or Hypothecation

(Deed, Agreement or Letter), Housing Loan, Mortgage Deeds. Title Search, Non-Encumbrances Certificate, Recovery, S. 138, Order 37, and Civil Suits, Enforcement of Security Interest, SARFAESI Act, 2002

Registration If Lease Deeds, Sale Deeds etc

Consultancy in Environmental Law, including but not limited to Self-governance (Tribal People, Schedule V & VI, Constitution of India), Land Laws, Forest Laws etc Faculty at Institute of Company Secretaries of India, Regional Chapter, Lucknow, taking up the subjects of Economic & Business Legislations, General Laws and Procedures and Business Communication. Procurement Documentation and resolution of issues relating thereto Organization: Asian Development Bank Duration: July 2007–June, 2008 Designation: Senior Legal & Projects Asst.

Job Profile

Procurements/ Bidding

Assisting in the review and drafting of procurement documentation, including bid evaluation/reports, pre-qualification evaluation reports, bid documents and related contracts etc. in ensuring that the borrowers comply with the policies and procedures by reviewing and comparing documents against standard documents and relevant policy and legal requirements, finalizing comments for dissemination to other departments/divisions.

Co-coordinating with Headquarters as required keeping updated on the views of the Office of the General Counsel, procurement committee and consulting division. Consultancy

Providing assistance in legal aspects of ADB operations, including legislative, regulatory, judicial, environmental or policy issues, including but not limited to ‘The Orissa Pani Panchayat Act- 2002’, Indian Forests Act-1927’ under directions of the general counsel, including legal documentation, review, research on legal matters as required, Competition Law matters & Intellectual Property Matters Legal Documentation

Assisting in review of draft contracts for consulting services to ensure compliance with requirements of ADB and related legal documentation. Finalizing comments for dissemination to other departments/divisions. Collation of comments/suggestions and drafting the final draft. Organizing, maintaining records and assisting in preparation and safe custody of documents etc. Research & Analysis

Undertaking research on issues as may be requested by the Senior counsel. Developing research strategies and methodologies in conducting extensive legal research, collection of source materials from agencies/web/internet etc. preparing background papers and memorandums, summarizing documents, legislation and other legal documents. Liaising

Liaising with outside institutions including arranging, attending conferences and workshops, meetings etc

Assisting in coordination with external agencies and internal communications. Providing assistance to visiting missions

Administration

Assisting in the administration activities, projects and other assignments of counsel and project administration unit of INRM.

Performing other administrative duties as required Organization: Suzlon Energy Limited Duration: May2006 – June 2007 Designation : Executive-Legal (Procurement)

Job Profile

Tender Business

Perusing various Tender Documents procured from Tenderer(s). Highlighting issues of concern(s)/financial liability(s) therein and seeking clarification(s) for the same at the Pre-bid meeting.

Procuring the minutes of meeting, analyzing the same with the various department/team heads and chalking out expedient terms and conditions keeping in view the interest of the company. Formulating the terms and conditions of the bid document, drafting and compiling of the bid document and submission thereof.

Preparation of MIS of various tenders undertaken and the prospective and potential customers that may be tapped.

Contract & Legal Documentation

Formulating the terms and conditions of the Operations and Maintenance (hereinafter ‘O & M’) Agreement.

Drafting of the O & M Agreement(s) to be executed with the tenderer(s) and execution thereof. Perusing and providing inputs for the Power Purchase Agreements (hereinafter ‘PPA’) for sale of electricity to various State Electricity Boards and execution thereof. Vetting and drafting various legal & commercial documents. Drafting of Non-Disclosure Agreements with different channel partners Finalizing various legal agreements

Consultancy

Providing consultancy on Sales tax, Excise and Service tax issues arising in the course of operations. Providing expert advice on Labour issues, like Contract Labour, Workmen Compensation etc. Procuring necessary approvals from depts., viz forest etc and maintaining sustained contact with legal professionals and government officials for initiating legal procedures/recourse and follow up thereto. Liaising

Liaison with various governmental departments for seeking clearances/approvals. Liaison with various prospective Tenderers, for Business Development. Organization: Bharti Tele Ventures Duration: July2004–May2006 Designation: Legal Associate

Job Profile

Consultancy

Providing expert corporate consultancy services on a wide range of legal issues, viz Labour and Employment Law, Sales, Excise and Service Tax etc. Maintaining sustained contact with legal professionals and government officials for initiating legal procedures/recourse and follow up thereto.

Interfacing with the legal bodies for taking corrective actions and presenting the same to the management for facilitating decision-making

Legal documentation

Preparing Legal Notices, Plaints, Written Statements, Writ, Petitions, Appeals, Case Papers, Affidavits, etc. for legal proceedings under various statutory acts. Drafting and vetting various legal & commercial documents, like Sale Deeds, Leases, Confidentiality agreements etc.

Land Acquisition

Verifying and documentation of Property papers for acquiring property on Leave and License and lease, for installation of tower(s) and antennas.

Executing Leave and License Agreements, Lease agreements, sale deeds etc Sending of MIS report to corporate to facilitate better planning and Implementation of policies, process related to acquisition.

Recovery

Drafting and effecting issuing of Notices of demand and notices U/s 138(Negotiable Instruments Act) through counsel(s).

Drafting of Plaint(s) for Recovery Suits and Recovery Suits (under Order 37-C.P.C) and Complaints U/s 138 (Negotiable Instruments Act) and effect filing of the same, through Counsel(s) and maintaining MIS for constant monitoring with the collection dept.

Generating & maintaining reports pertaining to process delinquency/ recovery status/ variances Follow up, supervision and co-ordination of all cases with counsel(s). Alternate Dispute Resolution

Filing of suits and complaints for recovery of monies in ‘LOK ADALATS’ Collection Management

Monitoring Debt scenario & Handling Recovery and Collections matters. Drawing a periodical recovery plan for maximizing returns & reducing bad debts Handling high value / defaulters/ insolvent clients & taking legal actions against them Facilitating recoveries / collections, by appointing & managing Collection Agency(s) Interfacing with legal bodies entailing legal escalation of default cases Contract & Agreements

Preparing, negotiating, drafting & vetting of Contracts entered by the Company with various vendors, franchisees, channel partners etc.

Spearheading the periodic plans for the unit and monitoring adherence to the same Finalizing various legal agreements

Litigation

Consumer Cases and Complaints in the District Forums and State Commission, Recovery Suits, Section 138(N.I Act) Complaints, Revenue Matters etc

EDUCATIONAL /PROFESSIONAL QUALIFICATIONS

2018-Present Ph.D. in Law-2018 batch. Thesis submitted for review. 2007-2008 LLM (Business Laws), Lucknow University

2003-2004 Bachelor in Law (LL. B-Honors), Lucknow University 1999-2000 Bachelor in Social Languages (B.S.L), I.L.S Law College Pune, (Pune University) 1999-2000 Diploma in Consumer Protection Laws, I.L.S Law College, Pune 2000-2001 Diploma in Labour Laws, I.L.S Law College, Pune 2004-2005 Post Graduate Diploma in Mass Communication, IGNOU 2003-2003 French, 1st Level, Central Institute of Foreign Languages School La Martiniere College, Lucknow

INTERNSHIP

Internship with Adv. J.N Mathur, at the High Court, Lucknow. Involved in drafting of Writ Petitions, Second appeals etc

EXTRA CURRICULAR ACTIVITIES & ACHIEVEMENTS

Conducted ‘Legal Aid’ for UTHAN, (NGO for the under privileged women). Involved in providing Legal Aid to the under privileged and destitute women and being instrumental for their upliftment. Copy written for ‘The Ministry of Health’ on educating the Para-medical staff, and various other agencies and a number of advertising agencies.

Published articles on social causes in National dailies and a freelance journalist for local sport events. A Published Poet.

Recognized for Poetry by the International Library of Poetry, (U.K) and at other National College festivals.

Recognized for Acting at National College festivals Member of the Under 18 State cricket team

Member of the School and College debating team at various inter School and inter College competitions

LANGUAGES

English

Hindi

Urdu

Punjabi

French

REFERENCES

Hon'ble Justice A.R Masoodi, High Court, Lucknow.

Maj. Yogendra Yadav, Additional Secretary (Planning), Uttarakhand Power Corporation Limited. Abhishek Dua

Date: 20-10-2021



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