WORK EXPERIENCE
MIAN NISAR AHMAD & CO.
Barristers & Corporate Counsellors
Managing Partner
01 Sept 2010 – Present
Advised a mega-construction conglomerate in respect of a multi-million dollar claim regarding the imposition of idling charges, and the enforcement of an arbitration clause in a FIDIC contract [in the matter of construction of the New Benazir Bhutto International Airport (NBBIAP) at Islamabad] before the London Court of International Arbitration;
Advised a national gas transmission and distribution company in respect of a multi-million dollar claim regarding outstanding dues payable on account of RNLG against two mega-conglomerates before the London Court of International Arbitration;
Advised a major Independent Power Producer [IPP] in respect of a claim (worth more than PKR 1 Billion) relating to Energy and Capacity Payments on a Delayed Payment Rate [and its compunding], and the grant of an anti-suit injunction, before the London Court of International Arbitration;
Drafted the Punjab Human Organ Transplantation Authority Bill, 2019, and the Punjab Evaluation, Determination and Certification of Death Bill, 2019, along with all Rules and Regulations;
Drafted the Gas (Theft Control and Recovery) Bill, 2014 – promulgated as an Ordinance;
Represented the Bank of Punjab before a Full-Bench of the Lahore High Court at Lahore in constitutional petitions challenging the vires and constitutionality of section 2(g) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, and section 5(r) of the National Accountability Bureau Ordinance, 1999, regarding “willful default” [reported as 2018 LHC 2873];
Successfully persuaded the Lahore High Court at Lahore to allow a complicated constitutional petition (regarding land measuring 3 Kanals situated in central Faisalabad), and to set aside the resumption order rendered by the Member Board of Revenue under section 30 of the Colonization of Government Lands Act, 1912;
Successfully persuaded the Lahore High Court at Lahore to dismiss the constitutional petition (with a financial impact of more than PKR 3 Billion) filed by M/s. Crescent Steel and Allied Products Limited against the Federation of Pakistan and M/s. Sui Northern Gas Pipelines Limited, on behalf of the latter [reported as 2017 YLR 74 Lahore];
Successfully persuaded the Lahore High Court to allow a contested civil revision (involving land measuring 384 Kanals 16 Marlas situated in District Jhang), and to set aside the concurrent judgments and decrees passed by the subordinate courts [reported as 2016 YLR 110 Lahore];
Represented the Pakistan Readymade Garments Manufacturers and Exporters Association (“PRGMEA”) against the Ministry of Finance and the Federal Board of Revenue, in a constitutional petition involving zero-rating before the Lahore High Court [reported as 2013 PTD 1582 Lahore];
Successfully persuaded the Lahore High Court at Lahore in a constitutional petition on behalf of the former Chief Technical Advisor, World Bank and the United Nations, to direct the Federal Government to construct Kalabagh Dam [reported at www.dawn.com/news/767728, entitled “Build Kalabagh Dam, LHC orders govt”];
Advised Sapphire Group in relation to a complex multi-million bank fraud perpetrated by the staff of a scheduled commercial bank in Lahore. Drafted suits for rendition of accounts, injunction and damages (that were filed against the bank) and persuaded the High Court of Sindh at Karachi to grant injunctive relief restraining the bank from placing Sapphire Group on the State Bank of Pakistan’s Credit Information Bureau (CIB) List of Defaulters;
Advised and represented Sapphire Group in various suits for recovery filed by the bank against the former in the Lahore High Court at Lahore. Successfully conducted negotiations on behalf of the Group so as to eventually resolve the dispute out of court;
Represented M/s. Fecto Cement Limited in a complex intellectual property dispute against M/s. Pioneer Cement Limited before the Lahore High Court at Lahore [reported as PLD 2013 Lahore 110];
Advised and represented M/s. Faysal Bank Limited in suits for recovery of PKR 552.894 Million against M/s. Dynasel Limited and VFMG (Pvt.) Limited in the Lahore High Court at Lahore;
Successfully persuaded the Lahore High Court at Lahore to grant injunctive relief against the recovery of the Luxury House Tax re-imposed under the Punjab Finance Act, 2014;
Successfully persuaded the Social Security Court at Lahore on behalf of M/s. Gourmet Foods to set-aside a multi-million recovery notice, which was held to be unlawfully issued by the Punjab Employees Social Security Institution;
Successfully persuaded the Appellate Tribunal Inland Revenue, Islamabad, on behalf of the Oil and Gas Development Company Limited (OGDCL) to suspend the recovery proceedings to the tune of approximately PKR 13 Billion initiated by the Federal Board of Revenue against OGDCL;
Successfully defended constitutional petitions challenging the requirement of the Medical College Admissions Test (MCAT), and persuaded the Lahore High Court at Lahore to uphold the requirement of the MCAT [reported as 2012 CLC Lahore 1071];
Successfully defended constitutional petitions calling for the abolition of the Medical Self-Finance Scheme whilst acting on behalf of Services Institute of Medical Sciences [reported as 2011 CLC Lahore 116];
Successfully defended an appeal filed by the Water and Power Development Authority (WAPDA) whilst acting on behalf of M/s. Syed Bhais (Pvt.) Ltd, and persuaded the Lahore High Court at Lahore to uphold the arbitral award rendered in the latter’s favour [reported as 2011 CLC 841];
Successfully persuaded the Lahore High Court at Lahore to de-seal M/s. The Medical Laboratories (Pvt.) Ltd, for purportedly over-charging in relation to the Dengue tests on the premise of disparate treatment [reported at www.lhc.gov.pk/appjdmts/2011LHC2598.pdf];
Advised Monteva Holdings Inc., Canada, in respect of the share acquisition [worth USD 20.00 Million] of M/s. Japan Power Generation Company Limited. The project entailed conducting legal due diligence and analysis, preparing a comprehensive due diligence report, drafting, negotiating and advising on the MOU, the Offer to Purchase and the Non-Disclosure Agreement (NDA), and on key corporate, banking, foreign exchange and competition laws;
Advised on, negotiated and drafted, the MOU and the Share Purchase Agreement [worth approximately £1 Million] for M/s. Gourmet Pakistan Limited in respect of the share acquisition of M/s. Long White Cloud Limited, a company incorporated in England and Wales, UK.
RAJA MOHAMMED AKRAM & CO.
Associate
01 June 2009 – 31 August
JUDGMENTS APPROVED FOR REPORTING
- 2011 CLC 116
- 2011 CLC 841
- 2011 LHC 2598
- 2012 CLC 1071
- 2012 MLD 1045
- 2012 MLD 931
- PLD 2013 Lahore 110
- 2013 PTD 1582
- 2016 YLR 110
- 2017 YLR 74
- 2018 LHC 2873
- PLD 2019 Lahore 310; 2019 CLD 375
MEMBERSHIPS
- Member of the Hon’ble Society of Lincoln’s Inn, 2008;
- Member of the Punjab Bar Council, 2009;
- Member of the Lahore Bar Association, 2009;
- Member of the Lahore High Court Bar Association, 2010;
- Member of the American Society of International Law, 2018;
- President, Society of International Law, Pakistan, 2018;
- Member of the Pakistan Bar Council, 2019;
- Member of the Supreme Court Bar Association of Pakistan, 2019.
EDUCATION
Aug 2008–June 2009 - BAR VOCATIONAL COURSE
UNIVERSITY OF THE WEST OF ENGLAND, BRISTOL, UK.
Sept 2004–May 2008 - LL.B (HONS)
UNIVERSITY OF NORTHUMBRIA, NEWCASTLE, UK.
Qualifying Law Degree with a 2:1
ACADEMIC HONOURS & CO-CURRICULAR ACTIVITIES
- Youngest Advocate of the Supreme Court of Pakistan at the age of 30.
- Awarded the “Academic Role of Honour” for academic excellence in LL.B (Hons).
- Awarded individual certificates for “Academic Excellence” in Company Law, Employment Law, Law of Contract, Law of Evidence, Property II and Constitutional & Administrative Law in LL.B (Hons).
- Awarded “First Class Honours” in Company Law by the University of Northumbria, Newcastle, UK.
- Awarded “Best Delegate & Outstanding Diplomacy Award” at the Model United Nations convened at the Lahore University of Management Sciences, LUMUN, 2007;
- Awarded “Special Honorable Mention” at the Model United Nations convened at the Lahore University of Management Sciences, LUMUN, 2006;
- Acted as coach for Advocacy and Diplomacy at The Institute of Legal Studies (TILS), 2010;
- Presided over (as an External Judge) at the Annual Mock Trials convened at The Institute of Legal Studies (TILS), 2009 & 2011.
ACADEMIC EXPERIENCE
Sept 2009–May 2010–June 2009 - Member Adjunct Faculty at The Institute of Legal Studies (TILS) for Labour/Employment Law for LL.B (Hons) at the University of Northumbria (Distant Learning) Programme.
Sept 2010–May 2011 - Member Adjunct Faculty at The Institute of Legal Studies (TILS) for Common Law Reasoning & Institutions for LL.B (Hons) at the University of London International Programme.
PUBLICATIONS
“Arms and the Man: The Political Homicide”, an article published in the Pakistan Law Journal (PLJ Mag. 76);
“Eternal Providence Or Infernal Serpentry”, a poem on terrorism published in The Nation;
“Kalabagh Dam Calling”, an article published in the Pakistan Today, 2 October, 2012;
“Of Politics, Suggestions and Kalabagh Dam”, an article published in The Nation, 30 November, 2012.
Law & Morals: A Critique In Normative Jurisprudence
BOOKS
The Apocrypha – A Book of Verse