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Alaya Legal

Practice Areas / Litigation & Arbitration / Regulatory & Writ Petitions

Regulatory & Writ Petitions

Strategic representation in regulatory proceedings and constitutional remedies. We help businesses and individuals challenge administrative actions, protect legal rights, and navigate complex interactions with public authorities.

Challenging Regulatory Action with Precision.

We represent clients in public law, regulatory and statutory proceedings arising from actions and decisions of government authorities, regulators, statutory bodies and quasi-judicial forums. Our work includes challenging arbitrary, unreasonable or procedurally defective governmental and regulatory action, defending regulatory proceedings and pursuing appropriate appellate and supervisory remedies. We also represent clients in matters involving competition law, commercial regulation and corporate remedies, including proceedings before tribunals, appellate authorities and specialised forums.

What We Handle

Writ and public law proceedings: Advise and represent clients in writ petitions challenging governmental and quasi-judicial action, including issues of jurisdiction, procedural fairness, statutory interpretation, arbitrariness, exercise of discretionary powers and violation of legal and contractual rights.

Regulatory and tribunal proceedings: Represent clients before regulators, statutory authorities, tribunals and appellate forums, including proceedings involving regulatory orders, licensing and permissions, statutory compliance, enforcement actions and challenges to administrative decisions.

Competition and anti-competitive conduct: Represent clients in matters involving anti-competitive agreements and other competition law issues, including proceedings and challenges arising from regulatory or adjudicatory action under the applicable competition law framework.

Appeals and revisions: Advise on and prosecute or defend statutory appeals, revisions, reviews and other supervisory proceedings, including challenges to orders of lower authorities and tribunals and issues concerning jurisdiction, interpretation and exercise of statutory powers.

Corporate and winding-up proceedings: Represent companies, shareholders, creditors and other stakeholders in company law proceedings, including winding-up petitions and related applications, involving corporate defaults, creditor claims and disputes concerning the continuation or closure of corporate entities.

Representative Experience

CCI investigation concerning vertical restraints. Represented a client in an investigation by the Competition Commission of India (CCI) arising from a complaint concerning manufacturer–distributor arrangements, including contractual provisions relating to territorial restrictions and restrictions on after-sales servicing. Advised on the competition law implications of the arrangements, including their potential treatment as vertical restraints under Section 3(4) of the Competition Act, and assessed their effect on distributor autonomy, intra-brand competition, customer choice and access to alternative sales and servicing channels. Represented the client through the CCI investigation and enquiry, including preparation of submissions and responses to the issues raised in the proceedings, and advised on the commercial justification and competitive effects of the contractual restrictions and measures to mitigate competition law exposure.

AERA tariff determination proceedings. Represented a client before the Airports Economic Regulatory Authority (AERA) in proceedings concerning determination of aeronautical tariffs, including a challenge to the disallowance of expenditure on the ground that the expenditure arose from a related-party transaction. Advised on the regulatory and contractual basis for treatment of the expenditure, including the distinction between the existence of a related-party relationship and the allowability and reasonableness of the underlying expenditure for tariff-setting purposes. Assisted in establishing the commercial basis and necessity of the expenditure and in addressing the regulatory concerns underlying its proposed disallowance, with a focus on securing recognition of the expenditure in the tariff determination.

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