Agrochemicals & Insecticides

King Stubb & Kasiva has been representing several reputed Insecticide, Pesticide and agrochemical companies in India and providing them a wide array of services. Our services encompass both advisory as well as litigation related matters.

The Firm represents a broad range of clients that are involved with agro-chemicals, including:

  • Agricultural pesticide companies;
  • Manufacturers of paints, caulks and coatings;
  • Manufacturers of pesticide intermediates;
  • Manufacturers and distributors of pesticide inert ingredients;
  • Manufacturers of industrial chemicals, fibers, fabrics and other materials treated with pesticides;
  • Manufacturers of pesticide devices;
  • Chemical companies with products used as pesticides;
  • Food and feed producers and distributors;
  • Consumer and commercial product companies;
  • Soap and detergent manufacturers;
  • Pesticide applicators;
  • Research organizations; and
  • Industry trade associations.

Transaction related advisory including drafting term sheets, carrying out due-diligence and drafting definitive agreements;

 

Advisory on regulatory compliances under the Insecticides Act, 1968, Seeds Act, 1966, Fertilizer Control Order, 1985, Legal Metrology Act, 2009 etc.;

Providing opinions on and Drafting replies to show cause notices received from Insecticides, Fertilizers and Seeds Inspectors and other authorities;

Filing appeals and representing Clients before Appellate Authorities constituted under the Insecticides Act, 1968, Seeds Act, 1966, Fertilizer Control Order, 1985 etc. against refusal to grant registration or licenses under the said Acts;

Representing Clients before various Courts in misbranding cases;

Filing petitions before various High Courts for quashing of criminal prosecution under the Insecticides Act, 1968, Seeds Act, 1966, Fertilizer Control Order, 1985 initiated against Clients;

Filing petitions before various High Courts and Supreme Court against various Govt. actions, decisions etc. that are prejudicial to the interest of the Clients;

Carrying on investigations and anti-counterfeiting raids on behalf of the Clients;

Handling PAN India litigations including recoveries and dishonouring of cheques for the Clients

Representing the Clients in matters pertaining to tenders, arbitrations etc.

Auditing licenses issued to the Clients under the Insecticides Act, Seeds Act and Fertilizers Control Order to ensure that the same are in compliance with the requirements of law;

Providing advisory services regarding issues that might arise in mergers, acquisition, takeovers, JV etc. between two agro-chemical companies;

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Indicative Experience
LEADING PROFESSIONALS
  • Filed a writ petition before the Hon’ble Delhi High Court on behalf of Crop Care Federation of India, Crop Life India and other Agro-chemical companies challenging amendments made to labelling and packaging requirements provided under the Insecticides Rules, 1971. The Hon’ble Court was pleased to grant interim reliefs on the first day of hearing. The case was widely covered by various News papers.
  • Represented the entire agro-chemical industry in a meeting with Dr. Ravi Prakash, the Hon’ble Plant Protection Advisor to the Govt. of India and convinced him to issue an Advisory to all Licensing Officers across India not to take coercive action against the Industry for not following the latest amendments of the Insecticides Rules, 1971 till the pendency of the writ petitions pending before the Hon’ble Delhi High Court;
  • Filed a writ petition on behalf of Crop Care Federation of India and its member companies before the Hon’ble Bombay High Court challenging a ban on “co-marketing arrangements” by the Maharashtra Govt. The Hon’ble Court was pleased to stay the operation of the impugned Order.
  • Successfully represented Pesticides Manufacturers & Formulators Association of India in a writ petition filed before the Hon’ble Delhi High Court seeking directions to the Ministry of Agriculture & Farmers Welfare to disclose all relevant reports and documents that formed basis for issuance of a Gazettee Notification banning 27 insecticides.
  • Successfully represented Crop Care Federation of India in a writ petition filed before the Hon’ble Delhi High Court seeking directions to the Ministry of Agriculture & Farmers Welfare to disclose all relevant reports and documents that formed basis for issuance of a Gazettee Notification restricting sale and use of the insecticide “Glyphosate”.
  • Recently secured a Stay on criminal prosecution against the Managing Director of a well-known manufacturer of agro-chemicals and Seeds;
  • Successfully handled the transaction pertaining to take-over of M/s. Sudarshan Chemical Industries Ltd. by M/s. KIE Crop Solutins (I) Pvt. Ltd.
  • Currently providing guidance and advise regarding regulatory compliances under the Insecticides Act, 1968 in relation to an ongoing business transaction between two of the most well-known agro-chemical companies in the world;
  • Currently advising a Client in relation to setting up of an “e-marketplace” for agro-chemicals;
  • Is involved in a PAN India audit of Licenses issued under the Insecticides Act, 1968 for one of our Clients;
  • Recently conducted a successful raid at a factory located at Libaspur – Siraspur Road, Delhi for one of our Client where substantial quantities of spurious/counterfeit Aluminium Phosphide was found. The case was heavlity reported in various news-papers.
  • Have conducted several successful anti-counterfeiting raids in relation to spurious/counterfeit agro-chemicals across India including Delhi, Pune, Nashik, Saharanpur and Panipat etc.
  • Is the preferred Legal expert of many Industry Associations and companies and is frequently invited to provide guidance and advise in various discussion forums relating to issues being faced by the Agro-chemical Industry. He is also a part of the Joint Committee recently formed by CCFI, CLI, PMFAI, ACFI and other associations to take joint action in relation to provisions pertaining to offences and penalties in the Pesticides Management Bill, 2020.

HOW CAN WE HELP?

The Firm has a team of lawyers who hold expertise in agrochemicals and insecticides legal practice and is in position to provide you with unrivalled expertise on your assistance needs.

LITIGATION

The Litigation Team of the firm predominantly involves catering to the needs of Indian and Multinational clients

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REGULATORY

We regularly represent corporate and individual clients before state and central administrative agencies

King Stubb & Kasiva

Offices In - New Delhi | Bangalore | Mumbai
Chennai | Hyderabad | Kochi | Kolkata | Pune