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Ginny J. Rautray

Education: B.Sc (Hons.), LL.B, Enrolment year – 1995

Mrs. Rautray enrolled in 1995 and has established a formidable reputation as an arguing counsel in commercial and corporate law before the Supreme Court of India and various High Courts in India. She has handled several complex commercial disputes relating to infrastructure projects, commercial disputes, construction disputes, taxation issues including the dispute relating to the construction of the Bhubaneshwar Airport and construction disputes arising out of contracts executed in Iraq and Libya. She has advised Hindustan Prefab Limited, a Government of India undertaking in a Comprehensive Revival Restructuring Plan. She is currently handling arbitration matters for a Swiss subsidiary in Oil and Gas sector and metro rail project. She had advised a Chinese company in disputes arising out of a power plant construction project. She is on the panel of a renowned Central University and also the Legal Advisor of the Speaker of the Legislative Assembly for the state of Arunachal Pradesh.
She has also advised an Indian company in an arbitration proceedings arising out of a dispute relating to supply of iron ore to a Hong Kong based company. The arbitration proceeding is governed by the UNCITRAL Arbitration Rules and the seat of arbitration is in London.

Appointments:

  • Appointed as a Sole Arbitrator by the High Court of Delhi in a construction dispute.
  • Acting as Chairperson in the committee set up by HCL and HCL Avitas to investigate sexual harassment against women in work places (2012-present).
  • Appointed as the Legal Advisor of the Speaker of the Legislative Assembly for the State of Arunachal Pradesh (2019-present).
Arbitration experience:
New Delhi
  • Advised a leading Indian government undertaking in relation to dispute arising out of sub-contracts in construction projects in Iraq and Libya.
  • Advised an Indian government undertaking in a dispute relating to the construction of the New Delhi City Centre-II building project.
  • Advising a leading Indian construction company in a dispute relating to the construction of a section of the National Highway.
  • Advising several Indian clients in disputes relating to construction of residential apartments for private co-operative societies. One of the arbitration proceedings had a former Chief Justice of India acting as sole arbitrator.
  • Advised a leading Swiss company in a dispute relating to technology supply to a 400 KV GIS power sub-station.
  • Advising a major construction company in a dispute arising out of construction of court complex.
  • Appeared for the Respondent in the proceedings pertaining to disputes arisen out of civil work for the Petitioner’s Kolkata Campus.
  • Appeared for the Claimant in the Arbitration proceedings pertaining to Central Sales Tax and Excise duty.
  • Appeared in a matter pertaining to disputes arising out of construction of Terminal Building and allied works for the Bhubaneshwar Airport.
  • Appeared for the Respondent in the proceedings w.r.t. dispute pertaining to Flooring and Cladding at Vashi Railway Station, New Bombay.
  • ppeared in a dispute related to the Construction of NDMC Cite Centre, Parliament Street, New Delhi.
  • Appeared in a matter pertaining to disputes arising out of an e-auction conducted by a sales agent for the sale and purchase of an old Ammonia and Urea Plant.
Hyderabad - Advised an Indian government undertaking, in a construction dispute relating to the Salarjung Museum.

Kolkatta - Handling disputes relating to construction of the Bhubaneswar Airport between National Building Construction Corporation and J.G. Engineering.

Daman & Diu - Advised a major government undertaking in the bridge collapse matter in the Union Territory of Daman.

Punjab & Haryana - Advised clients on disputes arising out of the construction of Cricket Stadium at Mohali.

Mumbai - Advising a leading Swiss multinational company in a dispute relating to supply of SCADA technology for gas & oil project (off-shore and on-shore) to an Indian oil and gas company.
Advised a United States Law Firm in taking evidence from Indian witnesses residing in Mumbai in a civil action pending before the US Courts. Successfully got a Commissioner appointed by the Bombay High Court for production of documents and recording of evidence.

Orissa - Argued matters before the High Court relating to construction of earth dams for irrigation projects and matters pertaining to the Micro Small and Medium Enterprises Development Act, 2006.

Litigation experience:
  • Representing 37 clients from State of Orissa including mining companies, power generating companies, steel manufacturing companies and Chinese EPC contractors involved in a Captive Power Plant (CPP) project in matters relating to challenge to the constitutional validity of the levy of Entry Tax by the State Government.
  • Advising a mining company before the Supreme Court relating to issues arising out of payment of royalty for mining of granite in the State of Madhya Pradesh.
  • Instructed by a Public Interest Litigant to argue the delimitation matter relating to (holding of assembly elections) the State of Arunachal Pradesh before the High Court at Gauhati.
Self - argued matters before Supreme Court (reported decisions):
  • Kipa Babu v. State of Arunachal Pradesh - A Public interest litigation against officials of the State of Arunachal Pradesh regarding siphoning of money sanctioned for construction of mental hospital in the State.
  • T.N. Godavarman v. Union of India - Matter pertained to mining activities within the Forest Area. Matter pertains to interpretation of section 2 of the Forest Act.
  • Jagannath Packers v. State of Orissa - Proceedings brought by eleven entities challenging the withdrawal of exemption of sales tax under the Industrial Policy Resolution passed by the Orissa State Government.
  • Gokulnanda Jena v. State of Orissa - The proceedings pertained to interpretation of section 16 of the Arbitration and Conciliation Act 1996 i.e. jurisdiction of the arbitral tribunal.
  • Jindal Stainless Limited v. State of Haryana - Constitution Bench matter relating to the validity of the State imposed Entry Tax and interpretation of various provisions of the Constitution of India.
  • Bank of India v. Nangia Constructions Pvt. Ltd. - Proceedings related to the encashment of an unconditional Bank Guarantee after the validity period.
  • NBCC v. J.N.S Constructions - Matter related to interest being levied on NBCC even after the attachment of the amount due by the executing court.
  • Hafiz v. State of UP - Criminal matter relating to conviction under section 302 of Indian Penal Code (IPC).
  • National Insurance v. Sleepers supplier - Matter relating to issue of liability of the Insurance Company when the driver of the vehicle held a forged driving licence.
  • S. Sumnyan v. Limi Niri - An employment law matter involving recruitment of several Engineers by the State of Arunchal Pradesh.
  • Prem Kumar Gupta v. State of MP - Matter relating to quashing of proceedings under section 420 of IPC.
  • Banshilal Soni v. Kastoor Chand Begani - A property dispute relating to award of compensation instead of specific performance.
  • M.P. State Mining Corp. TR. OIC v. Kisan Minerals - SLP (C) No(s). 8581-8582/2013 (Decided on 5.12.2014)- Question of law involved in the said case was whether imposition of Local Area Development Fund was in violation of Right to Equality under Article 14 of the Constitution and whether the State could unilaterally amend the contract.
  • ABB India Ltd. v. HPCL-Mittal Energy Ltd.- The Question of law involved was whether the arbitration clause contained in the contract between A and B was binding on C, if C accepts to make payment to B under the contract between A and B.
  • Rima Taipodia v. Arunachal Pradesh Public Service Commission- pertaining to Rule 4 and 5 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996.
  • Jindal Stainless Ltd. & Anr. v. State of Haryana & Ors.- Constitution Bench matters pertaining to Entry Tax and interpretation of Articles 301 to 307 comprising Part XIII of the Constitution.
  • M/S Annam Steels Pvt Ltd. v. The Fertilizers and Chemicals Travancore- The Question of law involved in the said case was whether there was a concluded sale in an E Auction on confirmation of sale in terms of section 5 read with section 64 of the Sale of Goods Act, 1930.
  • T.N. Godavarman v. Union of India- Appeared for JNU, intervener, in a matter pertaining to mining activities within the Forest Area. Matter pertains to interpretation of section 2 of the Forest Act listed before the Forest Bench of the Hon’ble Supreme Court.
  • Jawaharlal Nehru University v. Madhu Shani & Ors.- Matter pertaining to functioning of the ICC set up by the University Grants Commission.
  • Dr. Kusum Sabharwal v. Sangeeta Aggarwal & Anr.- matter pertaining to Medical Negligence wherein standard practice was followed however, compensation was granted on breach of duty.
  • State of Chhattisgarh & Ors. v. Shekhar Sahu - The Question of law involved in the said case was Whether the Liquor License granted by the lottery system under Section 18 of the Chhattisgarh Excise Act, 1915 can be surrendered under section 33 of the Chhattisgarh Excise Act, 1915 in view of Rule 22 of the Chattisgarh Excise Rules
  • Somaya Gupta v. Jawaharlal Nehru University and Ors.- The Question of law involved in the said case was pertaining to challenge to the constitution of the Internal Complaints Committee constituted in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
Self -argued matters in various other High Courts:

Delhi, Calcutta, Bombay, Madhya Pradesh, Chhatisgarh, Jaipur Bench of Rajasthan High Court, Orissa, Nainital, Punjab and Haryana, Mumbai, Gauhati, Ahmedabad.




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