Janak D. Dwarkadas

Janak D. Dwarkadas hails from a family of lawyers. His grand-uncle Tricumdas Dwarkadas, was the Founder-Partner of Kanga & Company, one of the oldest and most reputed firms of Solicitors in Bombay. His uncle, the late Damodar D. Damodar, retired as a Senior Partner of Kanga & Co. His father, the late Dilip Dwarkadas, was also an Advocate and one of the leading Counsels in the field of Income Tax.

Mr Dwarkadas specializes in Corporate Law, Intellectual Property Rights and Commercial Litigation including Securities Law and the newly-enacted Insolvency and Bankruptcy Code. Recently Mr. Dwarkadas successfully defended the statutory right of shareholders to requisition an Extraordinary General Meeting before the Division Bench of the Bombay High Court.

In a landmark decision delivered on March 22, 2022 in the matter of Invesco Vs. Zee Entertainment Enterprise Ltd. the Division Bench of the Bombay High Court after examining the provisions of the Companies Act 2013, held that the Board of Directors cannot sit in judgement of a notice requestioning an EOGM on the ground that the resolutions as proposed, if passed would be illegal or legally ineffective. He has represented clients in various High Courts as well as in the Supreme Court of India.

Mr Dwarkadas takes a very keen interest in public interest litigations (PILs), particularly those relating to the environment and public safety. He has appeared on behalf of the petitioners in PILs pertaining to: challenging the de-notification of a portion of Aarey Milk Colony from a “No Development Zone” to build the Metro 3 Car Shed; challenging permissions granted by the Tree Authority under the Municipal Corporation Act to cut/transplant 2,600 trees for the setting up of the Metro 3 Car Shed located in Aarey Milk Colony and challenging the permissions/clearances granted by the State and Central Authorities for construction of a coastal road in South Mumbai and the consequential cutting of trees and reduction in size of a public garden at Breach Candy to accommodate an access/exit ramp to/from the coastal road. The construction of the coastal road has been challenged on account of lack of environmental clearances as well as clearances under the Wildlife Protection Act for the preservation and protection of marine life.

Mr. Dwarkadas has also appeared in PIL petitions pertaining to: conservation of forests and preservation of natural heritage of hill stations like Mahabaleshwar / Panchgani; setting up of the Amby Valley Private City/Hill Station project by the Sahara Group at Ambavane and Lonavala; setting up of a gigantic off-the-coast port at Dahanu which has been declared one of the most ecologically fragile areas in India; removal of encroachments from the Sanjay Gandhi National Park which contains five lakes that supply drinking water to the city of Mumbai and cleaning up of the Mithi river to prevent recurrence of flooding in the city which occurred due to record rainfall on July 26, 2005.

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