S&R, Wadhwa, Satvik Varma end McDonald’s India 6-year McClusterFudge vs Vikram Bakshi with settlement, nice words, buy-out, with SAM

Global fast-food giant McDonald’s has finally managed to regain control of its North Indian operations, which had been plagued by its protracted six-year battle with North Indian joint-venture ‘partner’ Connaught Plaza Restaurants Restaurants Private Limited, owned by businessman Vikram Bakshi, as reported by Mint and others.

S&R Associates represented McDonald’s India Private Limited, led by partners Rajat Sethi, Niti Dixit and Mohit Gogia, with associates Jagriti Mohata, Raunak Mathur and Prateek Sharma.

Wadhwa Law Chambers advised Vikram Bakshi, led by partner Anirudh Wadhwa.

Wadhwa had also instructed counsel Satvik Varma, to lead on the transaction, and senior counsel Akhil Sibal to advise on the litigation strategy and overall settlement process.

McDonald India’s in-house legal team on the deal and negotiations consisted of I-Ming Ang, Vivek Kumar and Sumit Chopra.

As part of the settlement, McDonald’s has now acquired the 50% of equity shares in Connaught Plaza controlled by Bakshi.

The settlement marks the end of a drawn-out process against Bakshi by McD’s, which in September 2017 had approached the Delhi high court (also advised by S&R Associates, together with Dua Associates and senior counsel Harish Salve) to enforce a London Court of International Arbitration (LCIA) partial award over valuation of Bakshi’s stake. This was in addition to parallel NCLAT (National Company Law Appellate Tribunal) proceedings and negotiations.

Bakshi had back then instructed Shardul Amarchand Mangaldas (and senior counsel Ciccu Mukhopadhaya).

A team headed by Shardul Amarchand Mangaldas partner Tejas Karia has continued acting for Bakshi before the NCLT, LCIA and Delhi high court up until the settlement.

Since the start of the dispute to date, Bakshi and Connaught Plaza had continued operating the North Indian McDonalds restaurants, despite McDonald’s’ repeated attempts to oust Bakshi, having been effectively cut off from official supplies and branding by the fast-food giant.

McDonald’s has now closed Connaught Plaza’s restaurants, presumably to redecorate and resupply them in accordance with the golden arches’ house style.

According to a joint press release, “McDonald’s acknowledges the significant work and contribution of Bakshi in establishing McDonald’s restaurants in North and East India” (which had been set up under joint venture in 1996), while McDonald’s new head of Connaught Plaza Robert Hunghanfoo added: “We wish him well as he embarks on the next phase of his life and career.”

Comments

KoP 10 May 2019, 16:53
+10 -4
Bakshi ne goron ko nako chane chabaye! He showed fantastic resilience and forced them into a corner. I have seen many foreign JV partners become greedy and short-change the Indian partner. Didn't happen this time, I am glad!
Facepalm 10 May 2019, 18:28
+10 -3
Exception to the rule. It's usually the desi (crook) partners taking the goros for a royal ride most of the times.
Guest 11 May 2019, 07:22
+4 -0
Only if you read the LCIA order and decide for yourself
Excellent 11 May 2019, 05:20
+6 -9
Kudos to Vikram Bakshi’s legal team - they prove that Indian talent doesn’t need a foreign law firm minding them, to get it right. This, also proves (yet again), that cooperates need not necessarily have to engage overpriced ‘boutique’ firms to get justice in court proceedings. That a stand alone counsel, or a capable and committed lawyer with a regular firm like Shroff & Co can get the job done!
Insider 11 May 2019, 07:26
+9 -0
That what it may appear from outside, but the reality of choice of counsel if often dictated by economic considerations and nothing to do with legal capabilities which leaves opposite counsel to suffer and slug out to cover the clack and get the deal done
Guest 13 May 2019, 11:46
+2 -0
I am told SAM was working on contingent fee basis - to be paid post settlement. Also, SAM wasn't involved in the settlement process!?
Guest 11 May 2019, 08:00
+22 -5
What will S&R's litigation team do now considering this was their one and only matter?
Audi A4 11 May 2019, 10:26
+10 -11
Niti is an excellent lawyer. If she doesn’t have much on her plate, it’s out of choice. She is known to refuse work to service her few, but significant mandates (like this one), with the the care they deserve. Now that she’s without a job, she, probably, won’t refuse work! Simple. Isn’t it?
Guest 13 May 2019, 11:46
+3 -0
[img]https://media1.giphy.com/media/DeJ2ifS2V2zlu/200.gif[/img]
Ray Kroc 12 May 2019, 12:40
+2 -0
Fantastic work vivek!