Acting as Arbitrator
Mr. Pallav Mongia, founder of PMLC, is an experienced and actively appointed arbitrator who brings practical litigation experience and a disciplined adjudicative approach to every reference. He is an empaneled arbitrator with the Delhi International Arbitration Centre (DIAC) and the Gujarat International Maritime Arbitration Centre (GIMAC). Mr. Pallav serves on the Young Steering Committee of the International Arbitration and Mediation Centre, Hyderabad.
Mr. Pallav has presided over and acted as arbitrator in a range of domestic institutional arbitrations and has rendered arbitral awards in commercial disputes. His appointments have covered disputes arising from the provision of services and the supply of goods, where factual complexity and contested quantum issues frequently require rigorous fact-finding and precise legal analysis pertaining to MSME laws.
Recently, Mr. Pallav was nominated as a nominee arbitrator in arbitral proceedings related to infrastructure disputes, underlining his developing profile in construction and infrastructure related adjudication.
Constitutional Litigation
As legal practitioners, we approach the law as both a discipline of courtroom advocacy and an evolving framework for justice. Our constitutional practice is rooted in the belief that advocacy must be an instrument of both legal service and a medium through which law is interpreted, contested, and advanced. We have represented parties in constitutional matters of national importance, with active involvement in proceedings that have informed and influenced judicial reasoning on key constitutional issues. We have been regularly engaged in relation to representation on landmark decisions, such as representing the original plaintiff (All India Hindi Mahasabha) in the Ram Janmabhoomi title dispute and the reading down of Section 377 of the Indian Penal Code to decriminalise homosexuality. Our constitutional litigation practice also informs our approach and understanding of law in other practice areas. We have also appeared in constitutional challenges concerning land acquisition, provisions of the Arbitration and Conciliation Act, 1996 and tax interpretation.
Advocacy in Landmark Constitutional Matters
Ram Janmabhoomi Temple Verdict
In this historic dispute over religious land in Ayodhya, the Supreme Court ruled that the disputed 77-acre land be allotted to the Ram Janmabhoomi Nyas for the construction of the Ram Mandir, with alternate land to be given to the Sunni Waqf Board. Representing the All India Hindu Mahasabha, PMLC argued for the recognition of the Janmabhoomi as a juridical person dedicated to the deity. The Court affirmed this view, acknowledging the deity's juristic personhood, and accepted the core tenets advanced by PMLC.
Indore Development Authority v. Manoharlal and Ors.
PMLC appeared as an intervenor supporting the Development Authority. The Court held that acquisition proceedings under the 1894 Act do not lapse merely due to non-deposit in court, provided compensation was offered. Our arguments against the retrospective lapse of acquisition were substantially reflected in the Court's interpretation of Section 24(2) of the 2013 Act.
Shah Faesal v. Union of India
PMLC represented petitioners challenging the abrogation of Article 370. We argued that the Presidential Orders issued during President's Rule were unconstitutional for bypassing democratic concurrence. Though the Court did not rule in our favour, our submissions contributed to framing a critical discourse on federalism and constitutional procedure.
Chief Commissioner of Central GST v. M/s Safari Retreats Pvt. Ltd.
Representing the Petitioners, PMLC challenged restrictions on input tax credit (ITC) for immovable property. While the Supreme Court upheld the constitutionality of the provisions, it remanded the case to the High Court to determine whether a shopping mall qualifies as a "plant" under the functionality test—a key contention advanced by us.
Ongoing Constitutional Litigation
Challenge to the Places of Worship Act, 1991
PMLC is leading a constitutional challenge to provisions of the Act that freeze the religious character of certain sites as of August 15, 1947. We argue that this statutory bar infringes fundamental rights under Articles 14, 15, 19, and 25, creates arbitrary classifications, and impedes access to judicial remedies. Our submissions emphasise that constitutional morality requires judicial processes, not legislative decrees, to resolve complex religious disputes.
Defense of the Marital Rape Exception
We are currently defending the validity of the marital rape exception, arguing that its removal should be legislatively deliberated rather than judicially struck down. We contend that existing provisions in criminal and matrimonial law already offer avenues of redress, and that changes in such a socially sensitive area must arise through calibrated legislative reform.
Support for States' Legislative Competence in Land Acquisition
PMLC is defending a Haryana amendment to the Land Acquisition Act, contending that it is constitutionally valid under Article 254 with Presidential assent. We argue that the High Court's invalidation undermines federalism and disregards the deliberate constitutional mechanisms allowing State-specific modifications in the public interest.
Corporate Litigation
At PMLC, corporate litigation is driven by strategy and precision. We approach each matter with a solution-focused mindset, combining careful planning with timely execution. Our expertise in corporate litigation enables us to deliver clear and effective outcomes for our clients.
We represent clients in corporate disputes across sectors, including investor disputes, oppression and mismanagement disputes, co-founder disputes, insolvency and bankruptcy, etc. We are regularly engaged on complex issues including contractual disputes in relation to the supply of goods and services, share transfer restrictions, and disputes arising out of regulatory requirements under frameworks such as the Foreign Exchange Management Act, 1999. With regular appearances before the High Courts on the original side, commercial divisions of district courts, and the NCLT and NCLAT, we have secured decisive outcomes.
Key Focus Areas
Co-Founder/Investment Disputes
We advise startups and businesses in resolving co-founder and partnership disputes with a focus on preserving business value and continuity. Our approach combines commercial insight with strategic legal action to protect both individual and enterprise interests. We are currently representing clients wherein issues pertaining to ownership, shareholding, exit, and valuation rights are disputed. We have also advised clients in cross-border investment disputes. We are also advising a company in an investment dispute relating to the utilisation of investment funds.
Oppression and Mismanagement
We represent clients in multi-jurisdictional oppression and mismanagement disputes before various NCLT benches and NCLAT and have also appeared in shareholder and governance-related actions before the High Courts. These include proceedings concerning the governance and control of a major hospital before the NCLT, Cuttack. We have also successfully defended the rights of a beneficiary to whom the shares were transmitted through a Will. Currently, we are opposing an oppression and mismanagement petition in NCLT Bangalore concerning a mining company.
Domestic Arbitration
Alongside our international arbitration work, PMLC advises and represents clients in domestic arbitrations and related litigation before Indian courts under the Arbitration and Conciliation Act, 1996. Our practice spans sectors where we have developed domain-specific expertise, including infrastructure, construction, insurance, manufacturing, and franchising.
We are currently acting in a multi-party arbitration arising out of a pan-India tender, involving interlinked disputes among principals, agents, and subcontractors. In another matter, we represent a general insurer in an INR 15 crore arbitration concerning highway infrastructure damage, focusing on flood-related claims and the interpretation of reinstatement and depreciation clauses. We recently obtained interim relief, and successfully defended it on appeal, in a construction arbitration concerning residential development in South Delhi. Our past matters have included disputes over technology integration contracts for handset manufacturers and dealer-distributor arrangements in the automotive sector.
In addition, we are regularly engaged in proceedings under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), including mediation, arbitration and conciliation proceedings initiated through statutory facilitation councils. We assist startups and MSMEs in resolving disputes arising from operational contracts under both the MSME Act framework and the Arbitration and Conciliation Act, 1996. We assist MSMEs through the entire dispute lifecycle, from pre-litigation strategy and cost assessment to mediation support and post-award enforcement.
We also regularly appear in arbitration-related litigation, including proceedings under Sections 9, 11, 29A, 34, and 37 of the Arbitration and Conciliation Act. Notably, we secured a stay on an award procured by fraud in a supply contract, and successfully persuaded the Supreme Court to reverse a Bombay High Court decision that had declined to restrain a parallel arbitration.
Mr. Pallav Mongia accepts appointments as arbitrator, including under the UNCITRAL Rules, and is empanelled with the Delhi International Arbitration Centre and the Gujarat International Maritime Arbitration Centre.
Energy and Regulatory
At PMLC, we offer comprehensive legal representation and advisory across the entire spectrum of energy laws. Our practice encompasses electricity, renewable energy, and allied regulatory domains. We regularly appear before the Central Electricity Regulatory Commission (CERC), Appellate Tribunal for Electricity (APTEL), State Electricity Regulatory Commissions, as well as before the High Courts and the Supreme Court of India in matters involving complex commercial, regulatory, and constitutional questions related to the energy sector.
Our team brings deep insight into the interplay between statutory regulation, market design, and contractual frameworks governing the energy sector. We have represented renewable energy developers, transmission licensees, regulatory authorities, power utilities, and industry associations in disputes involving tariff determination, open access, deviation settlement, and grid operations. Our expertise encompasses drafting, interpreting, and enforcing Power Purchase Agreements (PPAs) and transmission service agreements, as well as advising on issues arising under the Electricity Act, 2003, and the National Tariff Policy.
In the renewable energy domain, we advise on project structuring, regulatory approvals, and compliance under state and central policies governing solar, wind, and hybrid projects. We have successfully represented clients in proceedings arising from curtailing of renewable power, delays in connectivity, and retrospective changes in tariff or open access charges. We believe that legal advocacy can align with environmental and social responsibility, and we are committed to promoting sustainable business practices through robust legal support.
In the Energy & Regulatory sector, we have represented a co-generator in securing an exemption from renewable purchase obligations and have appeared in a constitutional challenge to the open access regulations issued by the State Electricity Regulatory Commission. We successfully opposed a transmission company's plea of force majeure before the CERC and represented a generating company operating a hydro-power project before APTEL in an appeal against the determination of tariff. Additionally, while appearing for the State Commission, we have contested tariff petitions and assisted APTEL in interpreting key regulations.
Infrastructure and Construction Disputes
At PMLC, our Infrastructure & Construction practice combines sectoral expertise with robust dispute-resolution skills to advise developers, contractors, public sector undertakings, insurers, financiers, and suppliers across the full life-cycle of infrastructure projects. We handle complex EPC, turnkey, BOT/PPP, and concession contracts, and litigate and arbitrate construction, delay, insurance and supply-chain disputes before arbitral tribunals, statutory forums, District and High Courts and the Supreme Court of India.
Our Core Services
- Preparation and prosecution of claims for variations, change orders, acceleration, extension of time, and cost escalation; coordination with technical experts for critical-path and quantum analysis.
- Delay and quantum analysis supported by forensic schedulers, chartered engineers, and forensic accountants to build coherent delay, disruption, and quantum narratives for arbitrations and court proceedings.
- Insurance and loss allocation advice, particularly on coverage, subrogation, and complex reinstatement/depreciation questions arising from property, transit, and infrastructure damage.
- Dispute resolution across arbitration (institutional and ad hoc), mediation, adjudication, MSME forums, and litigation, including Section 34 challenges and enforcement applications before High Courts and the Supreme Court.
Representative Matters and Outcomes
- Acting for a leading general insurer in an INR 20 crore arbitration arising from highway infrastructure damage caused by flooding. The matter focuses on the insurer's liability for reinstatement, the application of depreciation clauses and the scope of policy indemnity for infrastructure repairs. Our role involves steering technical proof of loss, coordinating forensic engineering evidence and advancing legal arguments on interpretation of policy provisions.
- Successfully obtaining interim relief and defending that relief on appeal in a construction arbitration relating to a large residential development in South Delhi. Our emergency relief strategy and timely injunction drafting preserved project value and operational continuity while the arbitration progressed.
- Successfully defended a commercial suit seeking recovery of claims arising from an agreement for the installation of a boiler at our client's power plant.
- Representing a Central Public Sector Undertaking in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, preparing robust pleadings to defend arbitral awards, and managing parallel execution and interim applications before the High Courts.
- Representing another public sector undertaking challenging an arbitral award arising out of a construction agreement as part of "Swachh Bharat Abhiyan".
- Acting for an MSME claimant before the MSME Development Council, New Delhi, in a construction dispute involving additional claims for variations and extended site overheads; combining cost-recovery strategies with pragmatic fee structures to secure timely relief for a smaller enterprise.
- Advising and litigating on disputes arising from technology-integration contracts for handset manufacturers and on dealer-distributor arrangements in the automotive sector, addressing warranty, acceptance testing, interface responsibility, and termination claims that intersect with construction and installation obligations.
Insolvency & Restructuring
We have a robust practice in insolvency, restructuring, finance, and real estate-related disputes, regularly representing banks, financial institutions, and real estate clients before the NCLT/NCLAT. Our matters involve enforcement of security interests, recovery proceedings, as well as proceedings under the Insolvency and Bankruptcy Code 2016.
We have represented clients such as Nuvoco and Hero Group in ongoing CIRP proceedings and related litigation. We have successfully invoked the provisions of the Insolvency and Bankruptcy Code 2016 against a government-owned company, an uncommon outcome. Additionally, we represented stakeholder groups such as fixed deposit holders and provident fund trusts in complex insolvency matters involving infrastructure and housing finance companies such as DHFL and IL&FS.
We also advise and appear in proceedings relating to schemes of amalgamation, merger, and reduction of capital under the Companies Act. We regularly appear before NCLT/NCLAT in matters arising out of Section 7, Section 9 and Section 95 of Insolvency & Bankruptcy Code, 2016. We also appear in matters pertaining to allowing or dismissal of creditor claims by RPs.
We are currently defending a major private bank's interest as a financial creditor in connection with the sale of shares arising out of the liquidation proceedings of a company. We are also acting in a matter involving the issue of invocation of guarantee against Directors even after the assignment of Debt.
Insurance
Our Insurance Practice draws on extensive experience in the sector, with a strong track record of representing India's largest private sector insurer. We regularly advise and defend insurance companies in a wide range of disputes, including matters arising before the National Consumer Disputes Redressal Commission (NCDRC) and various High Courts across the country. Our team combines deep sectoral knowledge with practical litigation expertise to provide effective solutions for complex insurance-related matters.
Representative Matters and Positive Outcomes
National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680
A constitution Bench of the Hon'ble Supreme Court addressed conflicting decisions regarding compensation in motor accident claims under Section 166 of the Motor Vehicles Act. The Court affirmed the use of the Sarla Verma multiplier table for calculating compensation and standardized the addition for future income prospects: 50% for deceased below 40, 30% for ages 40–50, and none above 50. It held that even self-employed or fixed-salary deceased persons are entitled to future prospects to ensure fairness, and fixed ₹1 lakh for loss of consortium, with periodic enhancement every three years.
HDFC Ergo General Insurance Co. Ltd. v. Mukesh Kumar (2022) 14 SCC 470
The Hon'ble Supreme Court held that courts cannot direct insurance companies to provide lifelong maintenance or replacements of a prosthetic limb while awarding compensation under the Motor Vehicles Act. The Motor Vehicles Act provides for a one-time lump sum compensation, not ongoing or future financial obligations. The Court set aside the High Court's direction, which had ordered the insurance company to regularly monitor and replace the prosthetic limb as needed throughout the claimant's life. Such directions, it held, go beyond the scope of statutory compensation under the Act and are not legally sustainable.
Naveen Kumar v. Vijay Kumar (2018) 3 SCC 1
The Supreme Court held that under Section 2(30) of the Motor Vehicles Act, 1988, the registered owner of a vehicle is considered its legal owner for the purpose of fixing liability in motor accident claims. Even if the vehicle has been sold but the transfer hasn't been officially registered, the original registered owner remains liable. The Court emphasized that claimants should not have to trace unregistered transfers to seek compensation. The court's interpretation upholds the purpose of the Act, which is to ensure speedy and just relief to victims of motor accidents.
Beyond litigation, we are currently advising and representing one of India's largest general insurers in an INR 20 crore arbitration concerning highway infrastructure risk coverage in Rajasthan. The dispute involves the interpretation and application of depreciation and reinstatement clauses within a complex policy framework.
International Arbitration
Pallav Mongia Law Chambers offers focused and practical expertise in international arbitration, representing Indian and foreign clients across Asia, Europe, and beyond. Our team has advised and acted in high-stakes, cross-border disputes seated in Singapore, Malaysia, India, and Indonesia, across a range of industries. Our practice is grounded in strong familiarity and extensive experience conducting arbitrations under major institutional frameworks including the SIAC, UNCITRAL, LCIA, and DIAC Rules, as well as ad hoc proceedings under the Indian Arbitration and Conciliation Act, 1996.
We provide comprehensive support throughout the arbitration lifecycle, from pre-commencement strategy and costs assessment to pleadings, hearings, and post-award enforcement, often in close coordination with co-counsels in other parts of the country, subject-matter experts, and foreign law firms.
Related Court Work
Representative Matters and Outcomes
- SIAC Arbitration (Singapore): Represented India's largest zinc and silver producer in a dispute over a Mining Development Agreement.
- Successfully acted for an oil & gas company in a Malaysia-seated UNCITRAL arbitration, defeating an anti-arbitration injunction before both the Delhi High Court and Supreme Court of India.
- Represented an Indian importer in a SIAC arbitration involving the supply of coal from Indonesia.
- Acted in LCIA award enforcement proceedings involving a shipping contract dispute
- Representing an Indian drone and AI company in award enforcement proceedings arising from a Singapore-seated SIAC arbitration.
- Advising one of the co-founders in an inter se dispute in a Singapore company.
- Judicial modification of arbitral awards (Gayatri Balasamy v ISG Novasoft Technologies Ltd).
- The Group of Companies doctrine under the Arbitration and Conciliation Act 1996 (Cox & Kings Ltd v SAP India Pvt Ltd).
- Enforceability of arbitration agreements in unstamped instruments (In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act and the Indian Stamp Act).
Natural Resources
At PMLC, we offer comprehensive legal representation and advisory services across the entire spectrum of natural resources law. Our practice encompasses mining, oil and gas, and allied regulatory domains. We High Courts and the Supreme Court of India, in matters involving complex mining, oil & gas, and allied fields.
In the mining and mineral sector, we represent clients in statutory appeals before the Mines Tribunal and in writ petitions before various High Courts challenging administrative actions and levies imposed under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act). Our practice includes advising on mineral concessions, royalty disputes, environmental clearances, and issues involving the allocation of mining rights. We have also appeared before a nine-judge Constitution Bench of the Supreme Court in a matter relating to the extent of state powers to levy taxes on mineral rights, an issue with far-reaching implications for federal fiscal relations and resource governance in India.
Our engagements span both public and private sectors, representing some of the country's largest oil and gas exploration companies, hydroelectric utilities, cement manufacturers, and metal producers in regulatory, contractual, and constitutional litigation. We also appear in proceedings concerning pipeline transportation, refining operations, and energy trading, offering integrated advice on statutory compliance, environmental regulation, and dispute resolution.
Through our dedicated practice, we continue to contribute to the evolving legal landscape governing India's natural resources. Whether it involves policy challenges before constitutional courts, regulatory interventions before specialized tribunals, or commercial disputes impacting energy and infrastructure projects, our firm brings strategic foresight, technical understanding, and litigation excellence to every matter.
Representative Matters and Outcomes
- Federation of Indian Mineral Industries vs. Union of India (2017) 16 SCC 186 – retrospective levy of District Mineral Foundations (DMFs) struck down.
- Acting for one of India's largest mining conglomerates in the interpretation of amendments to the Mines and Minerals (Development and Regulation) Act before the Hon'ble Supreme Court.
- Appeared in Mineral Area Development Authority v. Steel Authority of India and Ors. Before 9 Judges bench in a matter involving the power of the State to impose tax on minerals.
- Represented India's largest zinc and silver producer in a dispute over a Mining Development Agreement.
- Successfully acted for an oil & gas company in a Malaysia-seated UNCITRAL arbitration, defeating an anti-arbitration injunction before both the Delhi High Court and Supreme Court of India.
- Represented an Indian importer in a SIAC arbitration involving the supply of coal from Indonesia.
- Appearing before the Hon'ble Supreme Court for India's largest crude oil and natural gas company on the issue involving the state's fiscal power.
- Advising an EPC company in a dispute pertaining to the construction of an oil pipeline.
- Appeared before Mines Tribunal in various matters pertaining to cancellation of lease, demand of royalty, dead rent and interest etc.
Supreme Court Practice & Appeals
Mr. Pallav Mongia has been practising before the Supreme Court of India since 2012 and has been an Advocate-on-Record since February 2017. Over the years, Mr. Pallav has developed a diverse and robust Supreme Court practice spanning civil, criminal, constitutional, and service-related litigation. In 2012, he was one of only two lawyers awarded the prestigious Justice J.S. Verma Fellowship by the Supreme Court Lawyers Welfare Trust, recognising his commitment to excellence in legal practice. As an Advocate-on-Record, Mr. Pallav has led and argued matters involving complex questions of law, statutory interpretation, constitutional challenges, land acquisition disputes, and high-stakes criminal and civil appeals.
Criminal
Our criminal law practice encompasses a broad spectrum of matters before the Supreme Court, ranging from serious offences such as murder and custodial deaths to economic offences, cheating, and cases under the POCSO Act. We routinely handle appeals, bail applications, quashing of FIRs, and petitions for suspension of sentence, reflecting our commitment to meticulous preparation and principled advocacy. We have successfully secured suspension of sentence in appeals arising from convictions in murder cases, cases under the Prevention of Corruption Act, and other serious offences. We have also been involved in death penalty cases.
Land Acquisition
We have handled several significant land acquisition matters. We appeared in the landmark case of Indore Development Authority v. Manoharlal. We have also successfully represented farmers whose land was acquired for power projects, securing enhanced compensation. We are presently representing landowners before the Supreme Court in a challenge to Section 101 A of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, following the Punjab and Haryana High Court's judgment striking it down.
Service Matters
We have extensive experience in service law litigation, representing individuals in disputes concerning recruitment, regularisation, back wages, reservation policies, and admission-related issues. We are frequently engaged in cases involving statutory interpretation, service rules, and constitutional protections in employment. Recently, we have successfully appeared in a case involving large groups of teachers seeking regularisation in the state of Chhattisgarh.
Civil & Property Disputes
We regularly appear before the Supreme Court in civil and property-related disputes. We have successfully represented clients in appeals arising from decisions of various High Courts in matters involving partition and possession of property, suits for declaration and injunction, disputes arising from agreements to sell, mortgages, collaboration agreements, and sale–purchase transactions.
Family & Matrimonial
We represent parties in matrimonial and family disputes before the Supreme Court, particularly in transfer petitions, inheritance and will-related matters, and disputes concerning the partition of family property. We have also facilitated amicable settlements through the Supreme Court Mediation Centre and have successfully resolved sensitive matrimonial disputes through structured mediation and negotiation.
Constitutional Litigation
We are actively engaged in constitutional litigation involving challenges to statutes, amendments, delegated legislation, and executive actions. We appear in matters testing the validity of regulatory frameworks, tender conditions, and policies affecting public rights. Our approach combines constitutional principle with practical strategies, particularly in cases concerning fundamental rights, administrative fairness, and public interest.