Government and Public Sector

About Trilegal’s Government & Public Sector Practice

At Trilegal, we have built a reputation as a trusted legal advisor to the Government and public sector in India, providing strategic legal advice on some of the country’s most complex and high-impact public sector transactions. We provide end-to-end legal services, offering everything from high-level strategy to completing intricate governmental dealings. Our capabilities encompass divestments, restructuring, regulatory compliance, Government dispute resolution, Public-Private Partnerships (PPP) structuring, cross-border government transactions, policy formulation and ensuring a seamless experience for our Government and public sector clients.

Trilegal is recognised as a market leader in Government and public sector advisory. We represent several Maharatna and Navratna companies engaged in various sectors such as energy, infrastructure, transmission, financing, etc., as well as major international governmental entities with significant investments and exposures.

Apart from the legal, business, and commercial understanding of issues, we also bring to the table our experience in assessing the long-term impact of Government decisions. Our involvement in landmark divestments has given us expertise in the various legal processes. We are widely recognised for our deep understanding of both domestic and international political landscapes while assisting the Government and PSUs.

Sectoral Expertise Across Critical Public Domains:

• General Advisory, Transaction Initiation, and Process Support: Trilegal is the preferred legal advisor for various Government and public sector entities to help them navigate complex legal frameworks, including providing strategic guidance on regulatory compliance, policy interpretation and governance matters. Further, as a retainer counsel for several Public Sector Undertakings (PSUs), Trilegal provides day-to-day legal support, ensuring their actions align with applicable laws and procedures. Our legal advice for the Government and PSUs covers a wide range of areas, including procurement, contracts, risk management, and statutory obligations, aimed at preventing legal issues.

• Claim Management and Strategy: Trilegal’s role in claim management for the Government and various PSUs involves a thorough review of the claims, assessment of the risks, developing tailored legal strategies, and ensuring compliance with regulatory frameworks to minimize financial exposure and protect public interests.

• Disinvestment, Restructuring, and Insolvency: We support the Government’s strategic disinvestment initiatives and advise on corporate restructuring under RBI’s Prudential Framework for Resolution as well as Insolvency and Bankruptcy Code, 2016. Trilegal is regularly appointed as the legal counsel for the committee of creditors to represent and advise public sector banks and financial institutions in various corporate insolvency resolution processes.

• Project and Infrastructure Development: Trilegal is a sought-after legal advisor for PPP (Public-Private Partnership) projects, particularly in renewable energy, conventional power, urban infrastructure, and transportation. We work closely with different governmental agencies to drive projects that have a long-term public impact.

• Fundraising: Trilegal assists the Government and PSUs in fundraising, including advising on project financing, structuring loans, and navigating IPOs and bond issuances by drafting and negotiating financing documents, ensuring legal compliances, and managing risk for lenders, investors, and public entities. Trilegal provides end-to-end support to Government and PSUs, from due diligence and other aspects to closing for all transactions.

• Structuring Development Programmes: Trilegal plays a crucial role in structuring development programmes for Government and public sector entities, including creating legal frameworks that support the design, financing, and execution of key initiatives like smart meters, electric buses, and irrigation, among others.

• A Global Reach with Local Expertise: Our cross-border experience sets us apart as a firm with both global reach and deep local expertise. We have represented the Government and PSUs before international forums and have similarly been banked upon by international Governments of various jurisdictions to provide legal support and advice for undertaking their investment endeavours. We balance the demands of law and policy with the public interest, ensuring our advice is practical, informed, compliant with the Government’s objectives, and in line with international best practices.

• Representation Before Courts and Arbitral Tribunals: Our regulatory and dispute teams complement our transactional practice by advising Government and public sector clients on various regulatory and contractual disputes before arbitral tribunals and other forums, ensuring that every aspect of a legal dispute is handled with precision and expertise.

At Trilegal, we are committed to supporting the Government and public sector clients in achieving their objectives, with a focus on innovation, compliance, and strategic legal counsel. We partner with clients through every stage of a project—from ideation and policy consultation to execution and governance—building lasting relationships that allow us to deliver solutions tailored to their unique needs.

Our team’s extensive experience and commitment to delivering high-quality, practical legal advice set us apart, enabling us to provide unmatched client service in the public sector. We are dedicated to offering clear, strategic guidance that withstands scrutiny, helping Government and public sector entities make informed legal decisions in an evolving regulatory landscape. We have been recognized as Government Regulatory Firm of the Year, by Benchmark Litigation, Asia Pacific, 2024.

SELECT REPRESENTATIVE EXPERIENCE / CLIENTS

Trilegal has extensive experience in representing and advising Government and public ector Undertakings, a few of which are:

• Government of India in the sale of 74.496% stake in THDC India and a 100% stake in North Eastern Electric Power Corporation Limited (NEEPCO).
• Government of Sri Lanka in the divestment of its stake in two State-Owned Enterprises engaged in hospitality and LPG.
• IFC in the divestment of the Government of Sri Lanka’s stake in an airline and hospital.
• Ministry of Defence, Government of India in the sale of the equity shares of Hindustan Aeronautics Limited (HAL).
• Ministry of Power (through PFC) in various policy work such as drafting Central Electricity Authority (Accounting & Disclosure) Regulations, 2021 and on Dadra and Nagar Haveli and Daman and Diu Electricity (Re-organisation and Reforms) Transfer Scheme, 2020.
• Ministry of Railways, Government of India in various aspects such as restructuring of Konkan Railways, tendering, etc.
• Government of Chhattisgarh (through Chhattisgarh State Power Holding Company) in the drafting of Chhattisgarh State Electricity Board Transfer Scheme (Amendment) Rules, 2021.
• ONGC Videsh in the acquisition of 2 offshore blocks in Russia.
• NTPC in recognition of international arbitration award in Russia for approx. INR 4,500 crore.
• NTPC Green Energy in its IPO of equity shares aggregating up to INR 10,000 crore.
• Petronet LNG in debt syndication of over INR 15,000 crore from multiple banks and NBFCs.
• Coal India in establishing a joint venture with GAIL for setting up a ‘Coal-to-SNG Plant’.
• PFC and REC as their legal counsel in providing various rupee term loans and advising on ISDA agreements, stressed assets, and laws pertaining to financial institutions issued by the RBI.
• NTPC Vidyut Vyapar Nigam in drafting agreements for cross-border power sales involving Nepal, India and Bangladesh.
• National High-Speed Railway Corporation Limited in preparing legal strategy and representing it before various forums and arbitrations for construction-related disputes, among others.
• IRFC in providing financial leases to NTPC for procuring rolling stock.
• Representing PFC in an arbitration initiated by Deutsch Telekom AG against the Government of India under India-Germany Bilateral Investment Treaties before the courts of Luxembourg.
• IREDA in providing rupee-term loans to various infrastructure entities.
• IOCL in various matters, including the monetisation of HGUs at its Gujarat refinery under the National Monetisation Pipeline (NMP) policy for brownfield infrastructure assets of the Government.

Our Partner

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  Ramakant Rai

  Banking and Finance, Corporate, Government and Public Sector, Restructuring, Special Situations and Insolvency