Atul N Menon

Partner
Dispute Resolution & White-Collar Crime Partner

Phone

+91-8800763112

Email

atul@ksandk.com

Atul is a Partner with extensive experience in litigation and dispute resolution. He advises and represents clients in white-collar crime, financial and audit-related criminal matters, arbitrations, civil litigation, and shareholder disputes. He appears before the Supreme Court of India, various High Courts, and regulatory and adjudicatory tribunals. Atul serves a diverse client base, including banks, financial institutions, large corporates, and regulated professionals, and has been involved in several high-profile and complex matters.

His experience includes insider trading matters, criminal investigations, regulatory proceedings, recovery and enforcement actions, and advisory mandates relating to oppression and mismanagement, mergers, capital reductions, and matters involving governmental authorities. He has also handled matters involving Chartered Accountants and Company Secretaries. Atul serves on the Advisory Council of the Indian Society of Artificial Intelligence and Law and is a member of the youth divisions of leading international arbitration institutions, including LCIA, ICCA, and MCIA. His work has been recognised by BW Legal World’s 40 Under 40 (2024) and he has been named a Future Star in White-Collar Crime by Benchmark Litigation.

Representative Clients:

Bharti Telecom, Bharti Airtel, Canara Bank, LIC Housing Finance Limited, IIFL, Price water house Coopers, BSR, KPMG, Amway India, Virtuous Retail Pte. Ltd., Vivo India, Swiss Timing, Commerzbank, Devki Devi Foundation, Dentsu Communications India Ltd., Tata Housing Development Company Ltd., Dell International Services Pvt. Ltd.

Practice Focus

White-Collar Crime

Criminal investigations, PMLA and FEMA proceedings, SFIO matters, and quashing petitions.

Dispute Resolution

Civil litigation, commercial suits, recovery and enforcement actions.

Regulatory Litigation

Proceedings before the TDSAT, SEBI, ICAI and ICSI, and appeals to the Supreme Court.

Shareholder Disputes

Oppression and mismanagement petitions before the NCLT and NCLAT.

Insolvency & Bankruptcy

SARFAESI and recovery proceedings before the DRT and High Courts.

M&A, Court Approvals

Schemes of arrangement, amalgamations and capital reductions before the NCLT.

Forums & Jurisdictions

Representative Matters & Reported Cases

Swiss Timing Limited v. Commonwealth Games 2010 Organising Committee
(2014) 6 SCC 677
Supreme Court
Bharti Airtel Ltd. and Ors. v. Union of India and Ors.
(2015) 12 SCC 1
Supreme Court
Sunil Bharti Mittal v. Central Bureau of Investigation
(2015) 4 SCC 609
Supreme Court
Sunnaren Seaways INC. v. MSTC Limited
2017 (2) ARBLR 146 (Delhi)
Delhi High Court
Lakshmanan & Ors. v. G. Ayyasamy
(2016) 13 SCC 165
Supreme Court
S. Sukumar and Ors. v. The Secretary, ICAI and Ors.
(2018) 14 SCC 360
Supreme Court
Flemingo Travel Retail Limited v. Kannur International Airport Ltd. and Ors.
2020 (3) KHC 729
Supreme Court
Manik Hiru Jhangiani v. State of M.P.
2023 (16) SCALE 664
Supreme Court

Transactions

Key Work Highlights

White-Collar Crime & Criminal Litigation

  • Advised and successfully represented a director of a food retail company before the Supreme Court in quashing criminal proceedings under the Prevention of Food Adulteration Act, 1954.
  • Advised and represented a leading multinational accounting company and its former and current employees in proceedings under FEMA before the Adjudicating Authority, and continues to represent the company in appeal before the Appellate Tribunal.
  • Advised and represented one of the largest IT companies in proceedings under FEMA before the Appellate Tribunal.
  • Advised and represented a leading direct-selling company in proceedings under the Prevention of Money Laundering Act, 2002, including investigations before the Adjudicating Authority and Appellate Tribunal, and assisted in quashing 14 FIRs across jurisdictions in Kerala.
  • Advised and successfully represented former directors of a leading healthcare company in quashing cheque-bouncing complaints before the Delhi High Court.
  • Advised and represented former partners of a leading auditing firm in a writ petition seeking to quash a Serious Fraud Investigation Office report before the Delhi High Court.
  • Successfully advised and represented a former partner of a leading audit firm in a writ petition before the Karnataka High Court seeking quashing of an SFIO complaint before the Special Court.
  • Advised and represented the subsidiary of a leading multinational media and digital marketing communications group in filing a criminal complaint against former employees for criminal breach of trust and misappropriation.
  • Advised and represented a leading direct-selling company in criminal proceedings concerning an alleged money-circulation scheme before courts in Chandigarh and Andhra Pradesh, and successfully quashed four chargesheets in the Kerala High Court.
  • Advised and represented a renowned global media group in the settlement of criminal complaints filed against its representatives for criminal breach of trust and cheating.

Arbitration

  • Advised and successfully represented a leading Swiss timing, scoring and results-system provider before the Supreme Court on whether allegations of fraud can be subject to arbitration.
  • Advised and represented one of the country’s top real estate developers in a domestic arbitration against its JV partner arising from breach of a Joint Development Agreement.
  • Advised and represented one of the leading real estate JV companies in an international commercial arbitration against an Indian company arising from breach of a Shareholders Agreement, including related proceedings under Sections 9, 11 and 17(2) of the Arbitration and Conciliation Act, 1996.
  • Advised and represented one of the leading accounting firms and its sister concern in Section 11 proceedings filed by a former senior partner before the Bombay High Court.

Litigation Under Writ Jurisdiction

  • Successfully represented advisors and consultants to an international airport in a writ petition before the Kerala High Court challenging the selection process for the airport’s duty-free operator, and in the subsequent Writ Appeal.
  • Advised and successfully represented a renowned German bank, acting as reimbursing bank in a Letter of Credit transaction, in a writ challenging a DRT order holding it jointly and severally liable, and continued representation before the DRT following remand.
  • Advised and represented a leading hospital in a writ petition before the Delhi High Court challenging a penalty imposed by the Director General of Health Services.
  • Advised and represented partners of leading accounting firms before the Delhi High Court challenging proceedings initiated by the ICAI.

Regulatory Litigation

  • Represented a leading telecom company before the TDSAT and in appeal before the Supreme Court, seeking to quash the DoT’s rejection of its request to extend UAS licences and allocated spectrum.
  • Represented a leading telecom company challenging Special Audit demands and a Licence Fee assessment issued by the DoT, turning on the interpretation of “Gross Revenue” and “Adjusted Gross Revenue” under the UAS licence, before the TDSAT and in appeal before the Supreme Court.
  • Advised multinational accounting firms and their directors on proceedings before the Disciplinary Committee of the ICAI.

Other Investigative Authorities

  • Advised, assisted and represented clients and their directors before the Directorate of Enforcement in FEMA investigations.
  • Advised, assisted and represented clients and their directors before the SFIO during investigations.
  • Advised, assisted and successfully represented a company’s Company Secretary in a complaint before the ICSI and the subsequent challenge before the High Court.

Company Law Jurisdiction

  • Successfully represented a reputed audit firm in proceedings under Sections 397 and 398 of the Companies Act, 1956 on oppression and mismanagement before the NCLT, New Delhi.
  • Successfully represented one of the largest telecom companies in India in a petition for reduction of share capital under Section 66 of the Companies Act, 2013 before the NCLT, Chandigarh, continuing before the NCLAT, Delhi.
  • Advised and represented a public-company manufacturer of explosives in proceedings under Sections 240 and 241 alleging oppression and mismanagement, before the NCLAT and the Supreme Court.

Civil Suits & Recovery Proceedings

  • Advised and represented a leading American global investment firm in two separate high-value civil suits before the Delhi High Court.
  • Secured John Doe and anti-defamation injunctions protecting film releases for Mythri Movie Makers, Pawan Kalyan and Clap Entertainment before the Bengaluru City Civil Court.

Securities Law Litigation

  • Advised and successfully represented the Chairman, Managing Director, Company Secretary and parent company in an insider-trading case before SEBI.
  • Advised and represented an investment company and its director in an insider-trading case, including settlement proceedings.
  • Advised and assisted a listed public company in making representations to SEBI, including on alleged non-compliance with the SEBI (LODR) Regulations, 2015.

Banking & Financial Institutions, Empanelment, SARFAESI & Recovery

Empanelled counsel for a leading public sector bank. Advising and representing numerous banks and NBFCs in SARFAESI and recovery proceedings before the DRTs and High Courts.

Banking Litigation, Cheque Dishonour & Payment Systems

Handled a significant volume of proceedings under Section 138 of the Negotiable Instruments Act, 1881 and the Payment and Settlement Systems Act, 2007.

Corporate Restructuring & Amalgamation, NCLT

Extensively advised, assisted and represented companies in schemes of arrangement and amalgamation under Sections 230 to 232 of the Companies Act, 2013 before the NCLTs in New Delhi and Chandigarh.

Publications

  • Contributed a chapter, “AI and the Automation of Economic Crimes: Ethical and Legal Challenges,” in The Evolving Landscape of White-Collar Crime, published by Springer.
  • Co-authored “Selective Capital Reduction as a Viable Exit Route: The BTL Story and Lessons Taught.”
  • Contributed to the India Chapter of White Collar Crime, Law & Practice, 2022.
  • Wrote on condonation of delay sought by state machinery, “Explanation vs. Excuse: The State’s Battle for Condonation.”
  • Contributed to the India Chapter of Anti-Corruption, Trends & Developments, 2023–24.
  • Co-wrote “Decoding the New ‘Made in India’ Code of Criminal Procedure: Bharatiya Nagarik Suraksha (Second) Sanhita, 2023.”
  • Co-wrote a chapter for the Expert Focus page of Chambers and Partners on Manik Hiru Jhangiani v. State of Madhya Pradesh.
  • Contributed to the India Chapter of International Fraud & Asset Tracing 2024, Trends & Developments, 2024–25, on attachment of properties under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Indicative Experience

  • Successfully represented the promoter of a leading telecom company before the Supreme Court of India in quashing summons and securing discharge of the accused telecom company in the 2G Additional Spectrum case involving corruption and criminal charges.

  • Represented a director of a food retail company before the Supreme Court of India, resulting in the quashing of criminal proceedings under the Prevention of Food Adulteration Act, 1954.

  • Successfully represented a former partner of a leading audit firm before the Karnataka High Court, seeking quashing of an SFIO complaint before the Special Court.

  • Represented a reputed audit firm in oppression and mismanagement proceedings under Sections 397–398 of the Companies Act, 1956 before the National Company Law Tribunal, New Delhi.

  • Successfully represented companies in matters relating to schemes of arrangement and amalgamation under Sections 230–232 of the Companies Act, 2013 before NCLTs in New Delhi and Chandigarh.

  • Successfully represented one of India’s largest telecom companies in proceedings for reduction of share capital under Section 66 of the Companies Act, 2013 before the NCLT, Chandigarh and the National Company Law Appellate Tribunal, New Delhi.

Represented a leading telecom company in challenges to special audit demands and licence fee assessments issued by the Department of Telecommunications, involving interpretation of “Gross Revenue” and “Adjusted Gross Revenue” under the Unified Access Service Licence, before the Telecom Disputes Settlement and Appellate Tribunal and in appellate proceedings.

Represented a leading Swiss company providing timing, scoring, and results system services for international sports events before the Supreme Court of India on issues relating to the arbitrability of fraud.

Successfully represented advisors and consultants to an international airport in India before the Kerala High Court, challenging the negotiation process for selection of the airport’s duty-free operator.

Represented a renowned German bank acting as a reimbursing bank in a letter of credit transaction, challenging an order of the Debt Recovery Tribunal holding it jointly and severally liable, and subsequently represented the bank before the Tribunal following remand.

Atul N Menon

Partner
Dispute Resolution & White-Collar Crime Partner

Expertise

Key Facts

15+
Reported Cases
25+
Representative Clients
12
Publications
6
Practice Areas

Education

B.A., LL.B. (Hons.)
National University of Advanced Legal Studies
2007–12
LL.M., International Dispute Resolution
Queen Mary University of London
2024

Certifications & Memberships

Member, Advisory Council of the Indian Society of Artificial Intelligence and Law
Member, youth divisions of the LCIA, ICCA and MCIA

Awards & Recognition

2026
Future Star in White-Collar Crime
Benchmark Litigation
2024
40 Under 40
BW Legal World

Panel Appointments

Representative Clients

Speaking Engagements

Panellist, session on Disputes and Investigations, General Counsel Summit Conference & Awards, 2025

Media Contributions

The New Indian Express, 10.09.2024, on Section 69 of the Bharatiya Nyaya Sanhita, 2023 The New Indian Express, 09.04.2025, "Courts Begin to Check ED's Summons Power" The New Indian Express, 25.11.2025, "Dipping into the New Data Protection Regime"