Debojyoti Sengupta

Experienced legal professional with eight years of experience in commercial litigation, domestic and international arbitration, insolvency proceedings, contract review and negotiation. Proven track record in representing clients before Supreme Court of India, High Courts, and arbitral tribunals in high-stakes commercial disputes. Skilled in drafting of litigation pleadings, legal research, contract drafting, contract review and negotiation, corporate advisory and courtroom advocacy.

Advocate at Independent Practice (2026-01 – Present)

• Advised a railways projects sub-contractor engaged in a turn-key project, and issued a Notice of invocation of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 ("A&C Act") in respect of disputes pertaining to non-payment of approved Work Order Bills and illegal termination of contract by the employer.
• Secured compensation for my client through a Legal Demand Notice under the Consumer Protection Act, 1986 addressed to an international airline, seeking compensation for deficiency in service on account of damage and pilferage of checked-in baggage and items missing from pilfered baggage.
• Secured a refund of the security deposit amount paid by my client through a Legal Demand Notice addressed to the owner of a commercial office space unit, on account of failure on the part of the owner to refund the security deposit amount despite vacation of the commercial office space unit by my client.
• Drafted a Joint Development Agreement to be executed between the owners of a commercial plot of land, and the developer/contractor for developing a commercial building on the said commercial plot.
• Drafted a Reply to a Show Cause Notice issued by a lending institution to a borrower company and its co-borrowers for declaration as Willful Defaulters on account of non-payment of dues arising out of a short-term loan facility.

Senior Associate at S & K Partners (2022-09 – 2025-12)

• Represented the lessor in a domestic arbitration concerning disputes arising between a lessor and a lessee, out of a lease deed on account of non-payment of monthly lease amount by the lessee, citing invocation of the force majeure clause of the lease deed for the COVID-19 lockdown period, and successfully secured interim relief under Section 17 of the A&C Act, on behalf of the lessor for deposit of arrears of monthly lease amount by the lessee.
• Successfully defended an Application under Section 9 of the A&C Act, filed by the lessee in the above stated dispute between a lessor and a lessee, seeking ad interim injunction against the lessor from giving effect to the termination of the lease deed.
• Represented one of the promoters of a Corporate Debtor company in an Appeal filed before the NCLAT assailing the Order passed by the NCLT admitting the Corporate Debtor into the Corporate Insolvency Resolution Process, on the ground of egregious fraud practiced by the Financial Creditor in establishing the existence of financial debt.
• Drafted Commercial Contracts including Master Service Agreements, Master Vendor Agreements, Employment Agreements, Non-Disclosure Agreements, Data Privacy Agreements and Memorandums of Understanding.
• Drafted Loan Agreements, Deed of Hypothecation, Amendment of transaction documents to existing loan facility and other related financing documents.
• Drafted Notice of invocation of arbitration under Section 21 of the A&C Act, for disputes pertaining to non-payment of agreed fee, arising out of an agreement for transaction advisory services.
• Drafted Notice of invocation of arbitration under Section 21 of the A&C Act on behalf of a Construction Company in respect of disputes pertaining to non-payment of approved R.A. Bills and illegal termination of a contract for turnkey project of construction of sewage treatment plants.
• Drafted Petition under Section 34 of the A&C Act, seeking the setting aside of an Arbitral Award on the ground of it being an unreasoned award and non-application of mind by the Arbitral Tribunal in passing the impugned Award.
• Advised clients on whether an application before the Court under Section 9 of A&C Act, for interim measures of protection shall be maintainable once the Arbitral Tribunal has been constituted.
• Advised clients on the validity of appointment of Emergency Arbitrators and the enforceability of an Award made by an Emergency Arbitrator.
• Advised clients on whether CIRP can be initiated under Section 8 of the IBC, 2016 against a real estate developer/promoter company by its contractor for civil and plumbing works, as an Operational Creditor on account of non-payment of admitted dues against approved R.A. Bills.

Associate at Mital & Mital Advocates (2020-09 – 2022-08)

• Drafted Statement of Defence in an arbitration arising out of an agreement for construction, operation and maintenance of a highway stretch involving claims by the Contractor/Claimant relating to loss of revenue due to toll leakage, increased overheads due to delay in handover of Right of Way, losses suffered on account of change of scope, termination payment and compensation, etc.
• Drafted Evidence Affidavits, miscellaneous Applications, Replies and Rejoinders to applications for ongoing arbitrations.
• Drafted Application under Section 17 of the A&C Act, seeking interim measures of protection by way of restraint on the withdrawal of funds by either party from the Escrow Account during the pendency of the arbitral proceedings.
• Drafted Application under Section 7(5) of the A&C Act, seeking the impleadment of a non-signatory third party in respect of few of the claims raised in the arbitration, on account of an ancillary agreement between the parties to the arbitration and the third party.
• Advised clients on the possibility of impleading a non-signatory third party to an arbitration in respect of disputes arising out of the execution of the primary/main agreement, on account of an ancillary tripartite agreement between the parties to the arbitration and the third party.
• Advised clients on the scope of challenge under Section 34 of the A&C Act, to certain claims awarded by the Arbitral Tribunal solely on the basis of standard formula for calculation of damages, without proof/evidence of actual loss suffered by Claimant.

Associate at Advani & Co. (2018-01 – 2019-11)

• Drafted Statement of Defence in an international commercial arbitration arising out of a Contract for Engineering, Procurement & Construction of an iron ore blast furnace.
• Drafted Statement of Defence in a domestic arbitration, involving claims relating to illegal termination of contract, loss of opportunity, prolongation cost, etc.
• Drafted Evidence Affidavits, miscellaneous Applications, Replies and Rejoinders to applications filed before the Arbitral Tribunal in course of the above-mentioned arbitration proceedings.
• Drafted Petition under Section 11 of the A&C Act, seeking the appointment of a Sole Arbitrator by the Court, in a contractual dispute between a real estate developer company and its contractor for civil and plumbing works.
• Drafted Notice for invocation of arbitration under Section 21 of the A&C Act, on behalf of a Telefilm Production House in respect of disputes pertaining to illegal termination of a contract for allotment of daily broadcast slots for a TV show.
• Drafted Demand Notice on behalf of the Operational Creditor under Section 8 of the Insolvency and Bankruptcy Code, 2016.
• Drafted Reply to a Consumer Complaint filed at the NCDRC, by a flat buyer seeking refund of booking amount and compensation for delay in handing over of flat by the builder/developer.
• Drafted Consumer Complaint under the Consumer Protection Act, 1986 against an automobile manufacturer and its authorized dealership seeking compensation in addition to refund of the payments charged from customer on account of delay by the authorized dealership in providing the vehicle registration to the customer/vehicle owner.
• Served as Tribunal Secretary in the conduct of several domestic institutional and ad hoc arbitrations.
• Advised clients on whether an application before the Court under Section 9 of A&C Act, for interim measures of protection shall be maintainable once the Arbitral Tribunal has been constituted.
• Advised clients on the validity of appointment of Emergency Arbitrators and the enforceability of an Award made by an Emergency Arbitrator.
• Advised clients on whether CIRP can be initiated under Section 8 of the IBC, 2016 against a real estate developer/promoter company by its contractor for civil and plumbing works, as an Operational Creditor on account of non-payment of admitted dues against approved R.A. Bills.

Master of Laws in Corporate, Banking & Insurance Laws – Amity University (2020 – 2021)

Bachelor of Arts, Bachelor of Laws in B.A. LL.B. (Hons.) – S. K. Acharya Institute of Law, University of Kalyani (2012 – 2017)

Higher Secondary Certificate in Class 12 – Don Bosco School (2011 – 2012)