Sunita Masani
Allana Chambers
6-B, Petit Road
Cumballa Hill
Mumbai 400 036
INDIA
Office: 022-22674315
Home: 022-23645842
Career Objective
- To render legal services of an outstanding quality by upgrading skills and knowledge; molding my students to become proficient lawyers and contributing to the legal and educational field in India by offering dynamic and creative strategies where required.
- Psychotherapy / Personal Counselling and Peace building through Mediations.
- To view CV of Sunita Masani in Psychology, please click here
Work Experience
- From February 2014, Empanelled as a Mediator by the Hon'ble Bombay High Court. Settled as counselled, several cases at the Sir J.J. Hospital.
- From October 1997 till date, as a partner with M/s N. C. Dalal & Co, Advocates, Solicitor and Notary.
- From 1998 till date, as a part-time lecturer with the Government Law College, Mumbai, teaching Environmental Law, Company Law, and Transfer of Property.
- In 2004 as a part-time lecturer also with the K. C. Law College, teaching Property Law.
- From August 1993 to September 1997, as an Advocate-Assistant with M/s N. C. Dalal & Co.
Academic Qualifications
Year Qualification Institution
2014 -16 Masters in Clinical Psychology Indira Gandhi National Open University
(IGNOU)
1995 LL. M. Degree University of Bombay (Mumbai)
1993 LL. B. Degree Government Law College,
University of Bombay (Mumbai)
1990 B. A. Degree St. Xavier's College,
(Political Science Major) University of Bombay (Mumbai)
Lectures/Seminars Conducted and Projects Undertaken
- October, 2013 – over last two weekends as resource person training 20 persons from the IPS [Indian Police Service] Conflict Resolution and Peace building skills with emphasis on building the skills of mediation and Anapana Meditation.
- November 2013 till January 2014 - Internship with "Edugroomers" to practise and understand career counselling.
- From October, 2007, assisting the Chief Information Commissioner under the Right to Information Act, 2005 to strategize and co-ordinate a team of students from the Government Law College, in clearance of the backlog of complaints and appeals under this Act. This voluntary initiative is intended to strengthen the functioning of the Act. Upon completion of the project, to prepare a manual to facilitate replication of this initiative across India.
- Selected by the British Council to attend the Cardiff Law School in March, 2006 in phase 1, to co-ordinate with 8 Indian law teachers in designing cascade programme and to implement 4 cascades in India during 2006-07 for Indian law teachers.
- Conducted training session at the ILS Pune on 24th September,2005 for Law Teachers to enhance their teaching skills.
- Conducted training session at the Delhi University in Feb, 2005, for Law Teachers to enhance their teaching skills. Click here to view report of the training session
- Train the trainers course on securities laws, for two weeks at the National Law School of India University, Bangalore, mid-September,2003. Made a presentation on the lessons learnt in setting up the first of it's kind in India, a one year diploma course on securities Laws. Recipient of the Australian Government's Endeavour Executive Award 2006 - 07
- The Department of Education Science and Training - grants the prestigious Executive Award to high achieving individuals for further professional training - which was undertaken during mid April to end May 2007, in Sydney and Brisbane at the USYD (University of Sydney, Environmental Law Center); Clayton Utz and Freehills [two of the larger law firms in Australia]. For details refer to the following link: Award Details, Endeavour Award Files, Endeavour Executive Award - Final Report, 2007 Endeavour Award Holders.
Courses completed and Certifications obtained
- April, 2013 - 7 days / 40hours Training and upgrading skills as a Mediator – with the Indian Merchants Chambers, Mumbai.
- June 2013 till end August, 2013 – Upon receiving Rotary Scholarship to study 3 months course in Peace and Conflict Resolution at the Rotary Peace Center in Chulalongkorn University, Bangkok, Thailand.
- September till end October, 2013 – Successfully completing over 40 hours training in the Robert Carkhuff method to practice as a personal Counsellor.
- December 2013 to end January, 2014 - Advanced course in REBT [Rationa emotive behavioral therapy]
- April 2010 participated in a 3 day work shop on Mediations where training was imbibed to act as Mediator. Recieved certification and appointment as a Mediator from "The International Center for Alternate Dispute Resolution" (working under the aegis of Ministry of Law & Justice, Department of Legal Affairs Government of India, New Delhi) http://icadr.nic.in
- April 2007 - Attended seminar on Mergers & Acquisitions conducted by the IMC.
- 25th February, 2006, completed a six day training for Arbitrators organized by the Indian Merchants' Chamber;
- 10th November,2005, attended a seminar organized by the British High Commission at the British Council on comparative aspects of Indian and British laws pertaining to IPR, Arbitration and the Code of Civil Procedure;
- 2nd October 2005, attended a Symposium on child rights organized by the Unicef.
- Jan, 2005, attended a course in the Bombay High Court on Alternative Dispute Resolutions, conducted by two American Circuit Court Judges;
- Cardiff Law School, Wales - successfully completed a four week course, on Legal research and law teaching skills October 2004.
- Workshop on Intellectual Property Rights, Mumbai, March 2003.
- Workshop on Allied Laws organised by the Chamber of Income Tax Consultants, Mumbai, June-July, 2002, including topics on Transfer of Property and Arbitration.
- New Liberalised Policy and its legal ramifications organised by The Bombay Incorporated Law Society on March 19, 1994.
Publications
- Cardiff Law School News letter - on my experience and achievements at the Cardiff Law School -published;
- Law Review of the Government Law College - Joint article with Prof Phil Thomas of the Cardiff law School on "Identity Cards" - published;
- Vol. XI of the National Capital Law Journal on the supreme court judgment passed in the case of Gujarat Zoroastrian Cooperative Housing Society where the Hon'ble Supreme Court has held that discrimination on the grounds inter alia of religion is permissible - awaiting publication;
Co-curricular Activities
- 2014 - 15 invited to join the IMC (Indian Merchant's Chambers) MEDIATION committee;
- 2010 invited to join the IMC (Indian Merchant's Chambers) Arbitration and Conciliations committee to spread training for Arbitrators and Mediators.
- 2005 - appointed as paper setter by the Mumbai University to set the LL.B exam paper on Environmental Law.
- 2004-05 to assist the academic committee set up by Justice Dr. D. Y. Chandrachud in transforming the LL.B exam paper pattern to part objective style;
- Since October, 2003, member of the Royal Bombay Yacht Club, Legal Committee;
- Since September,2003, member of the examinations committee at Government Law College;
- September, 2003, appointed as Course Co-ordinator of the Securities Laws Course;
- Since February, 2003, as Joint Secretary of the Government Law College, Alumni Association;
- Since 2002, member of the managing committee setting-up a diploma course, (1st of it's kind in India), on Securities Laws, at the Government Law College; and
- Since 1996, judge for the Annual Elocution Competition (English), of the East Bombay Bharat Scouts & Guides and for the forum of Free Enterprise.
Interests and Hobbies
- Sailing: Only woman on the Sailing Committee of the Royal Bombay Yacht Club in its history of 165 years; National Judge for the Yachting Association of India. Jury duty since 2002-2003 for national events including for the Enterprise Nationals; National Match racing Championship; OK Dinghy Selection Trials; Godrej Sea Bird Nationals and Optimist Coastal Nationals; 'Naval Sailing Club teams do well' - article published in The Hindu Qualified Helm. Won several races in the Bombay Harbour and participated in the 2000 Nationals in the Enterprise Class of boats; Trainer to teach sailing to new entrants to the RBYC.
- Travelling Continental Europe, England, Wales, Alaska, Canada, U.S.A., Sri Lanka, Australia, Singapore etc
- Trekking & Camping With the World Wild Life (India) Gir Forest, Gujarat (as a volunteer to take 14 deaf children); Manali Hills, Uttar Pradesh, coral Islands of Gujarat.
- Mirror Painting Etching and enamel paint.
- Poetry Composing Haikus
- Cookery Experimenting with fusion cooking.
- Pottery Basic course in studio pottery completed in May 2003.
- Swimming As a reserve on the National Water Polo Team, 1987.
- Agriculture: Developing a small plantation of Mango and Coconut trees in Alibaug.
- Yoga : With Mr. Jehangir Palkhivala, practising Hatha Yoga, Iyengar School.
- Meditation 10-day Vipassana courses in 1994, 2003, 2004, 2007 till 2012; giving service; setting up Gypsy Camps implement the G.R. making Anapana meditation compulsory for school children in Maharashtra - www.dhamma.org February 2012 appointed as CCT (Children's Course Teacher) to teach Anapana Meditation to children above 8 years.
Languages
English, Hindi, Marathi, Gujarati, high-school level French and Russian.
Personal Details
Date of Birth : July 13,1968
Marital Status: Single
STATEMENT INDICATING PROFESSIONAL CAPABILITY
- The firm in which I am a partner is dealing with approximately 380 law suits for a leading Nationalized Bank, most of which have been decreed resulting in the Bank being in a position to recover millions of rupees. I have argued most of the matters resulting in favorable orders for the Bank.
- One of the Arbitrations currently being handled by me pertaining to a dispute between my client and a Bank has resulted in my client receiving almost the entire amount (approximately Rs.70 million), on a preliminary decree.
- At the age of 26, I made my first appearance before the Hon'ble Supreme Court of India. I successfully opposed a Special Leave Petition (arising out of a fifteen page favorable order procured by me in the Hon'ble Bombay High Court), resulting in the dismissal of the SLP, at the very outset.
- In my professional carrier, I have worked with several senior Advocates on matters pertaining to the Constitution, Company Law, Partnership Act, Transfer of Property Act, Arbitration Act, Rent Act. My exposure to the best lawyers in Bombay has given me confidence in dealing with complex questions of law and fact.
- I have drafted and successfully negotiated an agreement for International Joint Venture between a Indian and a Swiss Company. This agreement was entered upon for the purposes of acquiring and gaining technical know how.
- In May, 2003, I was part of a team of Advocates and Policemen who conducted three simultaneous raids on behalf of a leading multi national company manufacturing toiletries, which resulted in seizure of several contraband goods.
- Part of legal team representing our client's [hirer of oil rigs to the oil and natural gas commission] case against ONGC before an Umpire appointed by the Hon'ble Bombay High Court. The dispute in arbitration pertained to interpretation of a contract in respect of foreign exchange fluctuation, expatriate payments, dollar rates etc. and RBI permissions for payment in US Dollar. The umpire has passed an award of approx US$ 1,600,000 in favour of our clients. The award is pending a challenge filed by ONGC, before the Hon'ble High Court at Bombay.
- Part of legal team representing our client case in arbitration before retired judge of the Hon'ble Supreme Court. The matter related to certain construction area to be divided amongst our client and other builder. The Learned Arbitrator awarded the area as demanded by us to our client on the conclusion of the hearings.
- Successfully defending our client's case in a Trust petition filed against them by the other trustees. Our clients are the managing trustees of family trusts. The petition was filed by a trustee alongwith one other trustee who was dismissed after majority of trustees voted against her. All the contentions of the Petitioner trustees were not admitted and their petition was dismissed.
- From June, 2006 to February, 2007 worked with the legal team of a new DTH Service provider in drafting various legal and commercial agreements like Leave & License and Lease agreement for immoveable premises, subscription agreement for prospective customers, distributor agreement for appointing distributors through out India, call centre agreement, agreement with business partner's like ITC, LG. Preparing various notices to defaulting distributors or customers. Interpretation of various statues of the contract act and the Telegraph act amongst others. Attending their various litigations in the Bombay High court.
- In August, 2006 preparing and filing a case in the Bombay high Court for passing off of a Trade Mark belonging to our client . Our client a DTH [direct to home], operator developed a specific and customized mark for its interactive services. The said mark was given enough publicity while launching the said DTH services and huge money was spent to market the said mark. However during one of the upcoming cricket series another rival DTH service provider used the said mark with slight modification to advertise its interactive services. The matter is still pending in the Hon'ble Bombay High Court. Our main contention in the suit is that the mark belongs to our client due to prior commercial usage and therefore permanent injunction along with damages should be given to our clients.
- Appearing in numerous cases filed for eviction and payment of outstanding dues filed by Mumbai Port Trust against our clients. Till date we have been able to successfully defend our clients case alongwith the possession of the respective land.
- In a unique partnership dispute, where our clients were unilaterally "retired off" by other partners who sought to defraud our clients and usurp their valuable share in the immoveable property. The said immoveable property was sold to a builder without informing our clients by the other partners of the partnership. We succeeded in getting our client's their share in the said immoveable premises. The matter is still pending before the Hon'ble Bombay High Court, however our client has already received his claim amount as per his available share in the said firm.
- In June, 2007, part of legal team that successfully defended a copyright matter in the Hon'ble Bombay High Court on behalf of our firm's client operating "Direct To Home" satellite transmissions. The broadcaster plaintiff approached the court for a restraint order to prevent the firm's client from relaying a 5 day Cricket match being played in Ireland- without payment of royalty. Our client in defence relied on it's Statutory License with the Government which imposed an obligation on it to telecast, failing which it's license was susceptible to be revoked. In a 42 page order, the single judge held the obligation in the statutory licence as overriding the individual rights of the copy right holder. The said order carried in Appeal by the Plaintiff but was successfully defended by our team and the appeal was dismissed.
- My key strengths are time-management; my capacity to analyze deeply; and strategize effectively.
- I derive greatest satisfaction in settling disputes and have considerable skills in problem solving, adjudications and trouble shooting.
In the Academic/Educational Field my contributions are as under
- I have been teaching at the Government Law College since 1997; first as a visiting faculty and thereafter on a part time basis. The subjects taught have ranged from the uncodified Hindu Law, Environmental laws, Corporate Laws, Property Law, to the Indian Penal Code and Criminology. Teaching has been an interest as I enjoy being with students. This activity is being carried out purely on an honorary basis. Teaching involves active face to face contact with students six hours a week as well as setting of exam papers, exam supervision, paper assessments and paper moderation.
- In 2006, Designed and made functional the Government Law College Web site having it's address at: HTTP://WWW.GLC.EDU
- Setting up an Electronic research center and getting it inaugurated by a sitting high court judge. For this project, I have worked with architects, computer experts and sponsors, in order to ensure that the students of the Govt. Law College has a modern electronic research room and computer center. This activity has also been carried out with a view to ensure that there would be an over all raising of standards, of the students of the college who would be the lawyers, judges and law makers of tomorrow. Government Law College - Electronic Research Room
- The British Council in March, 2006, invited me to be group leader of 8 Indian Law Teachers, to attend Cardiff law School, Wales and help the group design a cascade programme to be implemented in India on return. Thus Phase I of the assignment has been completed.
- In 2005, I was appointed as paper setter for the LL.B exam on Environmental Law.
- In 2004, I have also taught at the K. C. Law College for one semester, the subject of Property Law.
- In October, 2004, I visited the Cardiff Law School, Wales and successfully completed a four week course, on Legal research and law teaching skills. For details click on the links given: Articles written by Sunita Masani, Cardiff's Law Teachers' Programme.
- Conducted training sessions at the Delhi University in Feb, 2005, for Law Teachers to enhance their teaching skills. Also conducted a similar training session at the Indian Law School, Pune in September, 2005. Click here to view report of the training session From 2003 till April 2008; contributed as the course co-coordinator for the Securities Law Course; which is the first of it's kind in India, a diploma course on Securities Laws. For the crafting of the syllabus for this unique course, I have worked closely with members of the USAID Fire project, Executive Director (Legal), of the Securities Exchange Board of India and eminent Solicitors from leading law firms. The course consists of ten modules dealing with different aspects of securities laws including the take over code, insider trading, market manipulation and securities frauds. Students who enroll for this course are senior professionals in their respective spheres working as merchant bankers, ex-presidents of the stock exchange, compliance officers with SEBI, CEO's of Broking houses etc. To view details of the course click here. To view the course Managing Committee Members click here.
- Train the trainers course on securities laws, for two weeks at the National Law School of India University, Bangalore, mid-September,2003. Made a presentation on the lessons learnt in setting up the first of it's kind in India, a one year diploma course on securities Laws.
- I am a member of the Examinations Committee set up to look into the disciplinary aspects in conducting Preliminary Exams and raise the educational and professional standards of the law students at the Govt. Law College. I am the Joint Secretary of the Alumni Association of the Government Law College. To view Government Law College Alumni Association click here
- From 2008; Appointed as Professor - in - Charge - SPIL (Students for the promotion of International law), Government law College, Mumbai.
- From 2015; Appointed as Professor - in - Charge - MUN (Model United Nations), Government law College, Mumbai.