Sunayana Basu Mallik

Partner

Commercial Disputes, Appellate Litigation & Arbitration Partner

Phone

+91 9035088571

Email

sunayana@ksandk.com

Sunayana’s primary focus area lies in the area of Commercial Disputes, Complex Stakeholder and Sectorial Disputes, Litigation (Appellate and Original), Arbitration (Domestic and International) and Commercial Mediation. She has represented clients in various courts such as Civil Courts and High Courts, Supreme Court of India, Commercial Courts and before tribunals such as the Arbitral Tribunal (Institution and Ad Hoc), NCLT, Debt Recovery Tribunal, CESTAT for various Manufacturing, Media and Software sectors.

Sunayana has represented prominent clients in matters such as obtaining Earnest Money Deposit from Government via writ exercise of power, has obtained several other restrain orders in connection to defamation and brand disparagement campaigns, obtained stay orders for various banks and for matters pertaining to Arbitration and Conciliation. Her work has also been recognised by Asia Law as a notable practice in its rankings released in the year 2019 and she also regularly mentioned by media for her legal opinions.

Representative Clients :

Sunayana has represented clients in various industries such as Manufacturing, Pharmaceuticals, Healthcare, Start-ups, Banks Deep-Tech, Innovation driven companies, Ed-Tech, Fin-Tech and Media. Some of her prominent clients are Next Radio Limited, Fundermax India – a subsidiary of Fundermax Austria.

Practice Focus

Industrial Undertaking Closure & Labour Disputes

Advised a prominent European entity on closing its industrial units in Karnataka, securing affirmative High Court writ orders for machinery exit, representing the client before the Labour Commissioner, and managing daily workforce dispute strategies.

Steel Industry Disputes & Public Authority Demands

Represented a major steel manufacturer in appellate court proceedings, managing original side disputes, domestic arbitrations, and successfully contesting financial demands raised by state authorities.

Renewable Energy & Land Title Litigation

Advised renewable energy developers in complex, multi-party land disputes involving landowners, aggregators, and municipal authorities across Karnataka.

Government Revenue Recovery via Writ Jurisdiction

Represented a leading facility management multinational in securing full refunds of Earnest Money Deposits (EMD) from government entities through writ petitions.

Commercial Injunctions & Covenants Restraints

Secured urgent interim injunctions enforcing non-compete, non-solicitation, and strict confidentiality covenants for clients in healthcare, technology, media, and heavy industry.

Brand Protection & Anti-Disparagement Litigation

Obtained ex-parte and contested restraint orders against defamatory and brand disparagement campaigns targeting commercial brands and corporate executives.

Arbitration Interim Reliefs (Section 9)

Obtained interim protective orders under Section 9 of the Arbitration and Conciliation Act, 1996, across courts in Bengaluru for logistics, media, and manufacturing entities.

Bank Guarantee Injunctions

Successfully restrained the unconscionable invocation of performance bank guarantees under exceptional circumstances for an infrastructure development client.

Enforcement of Awards & Decree Execution

Formulated post-award enforcement strategies, managing execution proceedings and multi-jurisdictional appeals for domestic and foreign arbitral awards.

FinTech Regulatory Oversight & Association Representation

Provided ongoing advisory and strategic counsel to industry associations on evolving regulatory frameworks and compliance challenges within the FinTech sector.

Forums & Jurisdictions

Constitutional Courts

Supreme Court of India · Various High Courts

Commercial Courts

Tribunals

NCLT · DRT · CESTAT

Arbitral Bodies

Institutional Arbitral Bodies

Representative Matters & Reported Cases

Transactions

Key Work Highlights

Featured Matter — Industrial Closure & Cross-Border Advisory

Led the end-to-end legal strategy for a leading European corporation’s exit from its Karnataka manufacturing operations, spanning writ proceedings before the High Court of Karnataka for machinery removal, direct representation before the Labour Commissioner, and continuous advisory through the accompanying workforce and labour union disputes.

Indicative Experience

Litigation

Represented leading steel company in its representation before the Appellate Court and provided ongoing advice on legal matters pertaining to original side, domestic arbitration and commercial mediation.
Represented clients before Arbitral Tribunal (Institution and Ad Hoc), NCLT, Debt Recovery Tribunal, Commercial Courts, CESTAT for entities from Manufacturing, Media and Software sector.
Represented one of the largest facility management entities in obtaining refund of Earnest Money Deposit from Govt through writ exercise of power.
Obtained several restrain orders enforcing non-competition and confidential information obligation clauses for healthcare, technology, media and manufacturing companies.
Obtained several restrain orders in connection with defamation and brand disparagement campaigns for Manufacturing companies and persons of business repute.
Obtained stay orders on invocation of bank guarantees under exceptional circumstances for a leading client from infrastructure development sector.
Obtained several orders under Section 9 of Arbitration and Conciliation Act, 1996 before Courts in Bengaluru and other parts of Karnataka for entities from Logistic, Entertainment and Media, Manufacturing sectors.
Streamlining dispute strategies post judgment, awards, enforcement, appeal and execution of domestic and foreign judgements.
Representational assistance rendered for industry association ongoing advice on regulatory challenges confronted by fintech sector.
Obtained several restrain orders in connection with defamation and brand disparagement campaigns for Manufacturing companies and persons of business repute.