Debal Kumar Banerji specialises in international and domestic arbitration and commercial litigation.
He has appeared extensively in the Supreme Court of India, having acted as Senior Counsel for the Government of India, including appearing as Special Counsel for the State of Nagaland (boundary dispute) and for State of Odisha (mining dispute). He has also acted on behalf of the Steel Authority of India Ltd, Kolkata Port Trust, Oil and Natural Gas Corporation, Indian Oil Corporation, State Bank of India, Bank of Baroda, Central Bank of India, National Highways and Infrastructure Development Corporation Limited, New Delhi Municipal Corporation, Eastern Coalfield, and others.
He has acted as Counsel in numerous domestic and international arbitrations, including maritime disputes, and has argued many cases relating to arbitration in the High Courts and Supreme Court of India.
Mr. Banerji has also sat frequently as an arbitrator, having been appointed by the Courts as well as various Indian public sector corporations (including New India Assurance and Minerals and Metals Trading Corporation). He has also been appointed as arbitrator by the Indian Council of Arbitration.
Expertise
His areas of expertise are:
- International Arbitration
- Domestic Arbitration
- Commercial Litigation
Examples include:
International Arbitration
- Coal India Ltd. v Charbonnages De France (ICC Arbitration in London) - Counsel for Coal India in a London-seated arbitration relating to machine failure leading to collapse of coal mine.
- Venture Pharma v Zydus Cadilla: Counsel for Venture Pharma in Mumbai and Johannesburg arbitration proceedings relating to the supply of pharmaceutical products.
- Steel Authority of India Ltd v SBW Electric Mechanics Import and Export Corporation counsel for Steel Authority of India Ltd in the dispute relating to supply and performance of generating plant.
Domestic Arbitration
- Tata Project v Steel Authority of India Ltd: Counsel for Steel Authority of India before the Arbitral Tribunal (Retired Supreme Court Judge) in dispute relating to construction of steel plant.
- M/s Gayatri Project v National Highways & Infrastructure Development Corporation Limited counsel for NHIDCL before Arbitral Tribunal (Retired High Court Judge) dispute relating to termination of highway project.
- Steel Authority of India v MMTC: Counsel for SAIL before the Arbitral Tribunal in dispute relating to failure to supply imported goods.
Commercial Litigation
- National Highways and Infrastructure Development Corporation Limited v BSCPL Infrastructure Limited (Reported in (2019) 15 Supreme Court Case 25), in which Supreme Court found that there was no arbitration agreement between the parties.
- Gaurav Hargovindbhai Dave v Asset Reconstruction Company (India) Limited (Reported in (2019) 10 Supreme Court Case 572), in which Supreme Court held that the Limitation Act applied only to Civil Suits and not the Insolvency Code and as such the application was time barred.
- Official Liquidator Uttar Pradesh and Uttarakhand v/s Allahabad Bank and Ors. (Reported in (2013) 4 Supreme Court Case 381), in which Supreme Court held that in case of sale by public auction, the Official Liquidator cannot challenge the auction before the Company Court but must approach the Debt Recovery Court by way of appeal.
Education
- MA (Cantab)
- MA (Law), University of Cambridge, UK
- MA (Mathematics), Allahabad University, India
- BA (Mathematics), Calcutta University, India
Memberships and Appointments
- Member of the Panel of Maritime Arbitrators in the Indian Council of Arbitration
