Our experience

Our experience

Established in November 2020, the Chamber of Prakash K. Pandya builds on the legacy of P. K. Pandya & Co., a firm of Practising Company Secretaries since July 1995. Below is a selection of representative engagements, anonymised where required, across our practice areas.

💼 Corporate restructuring & advisory

NCLT-APPROVED DEMERGER · LISTED ENTITY

Advised on the comprehensive demerger scheme of a listed entity, handling SEBI compliance review, board and audit committee resolutions, CA certificates, SEBI undertaking documents, and tracked-change scheme filings at NCLT Hyderabad. Managed the full demerger timeline from board approval through NCLT sanction.

NBFC FAMILY RESTRUCTURING · ₹100+ CR ASSETS

Structured a promoter family arrangement for an NBFC-ICC (Base Layer) involving segregation of assets exceeding ₹100 crore, including listed company shares. Evaluated three-way demerger under Sections 230–232 vs. alternative proposals, with GAAR risk analysis and SEBI freeze-protection strategy.

NBFC GOVERNANCE PROGRAMME · 18-MONTH ENGAGEMENT

Designed and implemented an 18-month governance enhancement programme for an NBFC, covering RBI compliance review, documentation overhaul, board governance strengthening, and structured preparation for PSU bank funding readiness.

LEGAL OPINIONS · MULTI-STATUTE

Provided reasoned legal opinions to corporates, promoters and professionals across a wide range of laws.

MERGERS, NBFC REGISTRATIONS & STAMP DUTY

Handled mergers and amalgamations of unlisted companies, NBFC registrations, and stamp duty adjudication following mergers and demergers, including appeals against adjudication orders.

🛡️ Insolvency & IBC

VOLUNTARY LIQUIDATION · MANUFACTURING ENTITY

Acted as Liquidator in a Section 59 voluntary liquidation, handling ROC report responses, NCLAT revival applications, coordination with parent company and third-party auditors, and NCLT compliance filings through to dissolution.

SECTION 43 AVOIDANCE · ₹116.80 CR INVESTMENTS

Acted as Resolution Professional and appeared in person before NCLT on an application under Section 43, Insolvency and Bankruptcy Code, 2016 (preferential transactions). Obtained a favourable order avoiding security created over investments of ₹116.80 crore.

CIRP WITHDRAWAL · SECTION 12A

Acted as Resolution Professional in a CIRP marked by contested stakeholder positions, which concluded in withdrawal under Section 12A, Insolvency and Bankruptcy Code, 2016.

REAL ESTATE CIRP · SECURED CREDITOR STRATEGY

Advised society members (Other Creditors, 7th priority in IBC waterfall) in a CIRP where the developer was in liquidation and a secured creditor held claims exceeding ₹149 crore. Devised three-front strategy covering MCGM Part OC application, NCLT directions to Liquidator, and deemed conveyance proceedings.

RECOVERY STRATEGIES · IBC & SARFAESI

Advised on recovery strategies under the Insolvency and Bankruptcy Code, 2016 and the SARFAESI Act, 2002.

📋 SEBI, FEMA & regulatory compliance

BSE SOP FINE · ₹80+ CR · LISTED ENTITY

Represented a listed company before BSE and SEBI on Standard Operating Procedure fines exceeding ₹80 crore arising from 26 quarters of LODR non-compliance. Developed writ strategy, compulsory delisting analysis, and structured fee arrangement with outcome-based success component on waiver.

SEBI SHOW CAUSE PROCEEDINGS · TAKEOVER & INSIDER TRADING

Defended companies and their officers before SEBI in response to show cause notices under the SEBI (Procedure for Holding Inquiry and Imposing Penalties) Rules 1995, relating to alleged violations of Takeover Regulations, Insider Trading Regulations, and FUTP Regulations. Handled SAT appeals on adverse orders.

FEMA COMPOUNDING · FOREIGN NATIONAL & LIAISON OFFICES

Successfully compounded FEMA contraventions involving acquisition of immovable property in India by a foreign national and non-compliances by Liaison Offices. Advised corporates and their promoters on mitigating regulatory non-compliances.

⚔️ Litigation

INCOME TAX PROSECUTION · BOMBAY HIGH COURT & ACJM

Filed criminal application under Section 528 BNSS before the Bombay High Court (withdrawn with liberty) and discharge application under CrPC before the ACJM Court in an income tax prosecution matter, relying on ITAT orders, CBDT Circulars, and Supreme Court precedents including K.C. Builders and Reliance Petroproducts.

BOMBAY HIGH COURT · WRITS & PIL

Representation before the Bombay High Court in writ petitions and public interest litigation on regulatory and corporate governance matters.

TDSAT · TELECOM DISPUTE

Appeared before TDSAT in a telecom infrastructure dispute, including Bombay High Court coordination on appearance-related order corrections with the TDSAT Registry.

NCLT · OPPRESSION & MISMANAGEMENT

Represented petitioners and respondents in company petitions under Sections 241–242 of the Companies Act 2013 before NCLT, involving allegations of oppression, mismanagement, diversion of funds, and exclusion from management. Handled interlocutory applications for interim relief including status quo orders and appointment of observers.

🤝 Mediation

MEDIATING COMMERCIAL DISPUTES

Successfully mediated multi-party commercial and business disputes, including matters involving resistant parties where initial engagement required tailored strategies to bring parties to the table.

MULTILINGUAL MEDIATIONS · FAMILY & BUSINESS

Conducted mediations in English, Hindi, Marathi, and Gujarati across family disputes, business partnership dissolutions, and property matters — ensuring parties engage in the language they are most comfortable with.

🏠 Housing society & real estate

GST STRUCTURING · COMMERCIAL CHS

Advised a commercial co-operative housing society on GST implications for telecom tower income, including pure agent structuring analysis and Maharashtra AAR application strategy.

MHADA LEASE RENT · DEEMED CONVEYANCE

Advised co-operative housing societies on MHADA lease rent revision challenges, deemed conveyance applications under the MCS Act, and BMC property tax verification for unit transfers.

REDEVELOPMENT · CO-OPERATIVE HOUSING SOCIETIES

Advised co-operative housing societies on redevelopment.

📚 Publications & regulatory engagement

• Published articles (1999–2009) in Chartered Secretary (ICSI), SEBI & Corporate Laws and Chartered Accountants Today (Taxmann) and other journals: see the list
• Jan Vishwas (Amendment of Provisions) Act 2026 analysis published on TaxGuru and pkpandya.com
• Formal submissions to IBBI on CIRP Regulations Discussion Paper (February 2026) with comparative jurisdictional analysis (US, UK, Singapore, UNCITRAL)
• Regular contributor to TaxGuru on IBC, SEBI, and corporate law developments
• eBook: Limited Insolvency Examination — Case Laws Compendium
• Weekly newsletters: Global Legal Updates, FutureAI (Substack), ProfessionalPrimer (YouTube)

🏛️ Professional commitment

• Chairman (2017) and Secretary (2011), Western India Regional Council of the Institute of Company Secretaries of India; earlier member of its Practising Company Secretaries and Bulletin Committees (2001) and Research & Publications Committee (2007)
• Research on the National Company Law Tribunal accepted under the ICSI Research Initiative (2003–04); Draft NCLT Rules prepared for the Ministry of Corporate Affairs and submitted by ICSI to the then Minister
• Member, ICSI Secretarial Standards Board sub-group on Investor Servicing (2003); invited by ICSI-WIRC to give views for its submission to the Naresh Chandra Committee on small and private companies
• Core Group member, ICSI referencer on e-forms 23AC and 23ACA (2010); organising support for the 32nd National Convention of Company Secretaries, Mumbai (2004)
• Co-author, Compliance Guide to Corporate Governance (Taxmann), reviewed in Business India (10 September 2006)
• Faculty and speaker: MCA-21 e-filing of charges (ICSI-CCRT and Indian Banks’ Association, 2006; Corporation Bank, 2007); LIC of India nominee directors seminar (2006); LLP seminars for ICSI (2009)
• Regular engagement with the Insolvency and Bankruptcy Board of India (IBBI), making suggestions on its discussion papers

Legal Updates
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