Pravin Thapa

Advocate Pravin Thapa has over ten years of substantial experience advising prestigious clients in complex and high-stakes work in the fields of corporate and commercial law, banking and finance law, taxation, intellectual property law, administrative law and writ jurisdiction.

Mr. Thapa is closely involved in assisting Senior Advocate Parsuram Koirala in some of the most complex, novel, and significant commercial deals and litigation. Utilising the valuable knowledge and experience gained through it, Mr. Thapa successfully handles important advisory and litigation work for clients.

 

Mr. Thapa has substantial experience across all our industry groups and practice areas.

a.  Commercial and Corporate:
  • Successfully represented a leading infrastructure firm in the Supreme Court by invalidating an international bidding process and a subsequently-issued license for a large telecommunications project on grounds of non-compliance with the Public Procurement Act 2063 (BS) and the associated Public Procurement Rules 2064 (BS).
  • Advised a leading beverages company on the corporate, commercial, intellectual property and taxation issues of entering into a joint venture agreement with an international distributor.
  • In one of the major FDI deals in Nepal, we advised the Nick Simons Institute on transferring funds into Nepal through FDI on a recurring basis to finance its philanthropic healthcare goals in Nepal.
  • Advised a top conglomerate on several first-of-a-kind transactions including international automobile dealership contracts, asset-based financing, purchase and lease of international goods and equipment, licensing of intellectual property, and financing options for consumers.
  • Advised a top conglomerate on one of the largest Nepalese contracts for the purchase and sale of fertilisers and related structured financing agreements.
  • Advised a major international film company on the sale of some of its film rights and licensing of its trademark to Nepalese distributors.
  • Successfully defended a large recycling company in the High Court from a vicarious liability claim stemming from an employee’s road accident.
  • Successfully defended a leading foods and beverages company from an unfair dismissal claim in the Labour Court and successfully secured compensation for theft conducted during employment.
  • Advised a leading technology firm in relation to international contracts for website hosting and bandwidth agreements.
b.  Financial/White-collar Crime:
  • Represented top Ministers, leading businessmen, and A-class civil servants in corruption, bribery, money laundering, tax evasion, and disproportionate property charges in the Supreme Court and Special courts in several events of public interest, including:
    • Sudan APC purchase scandal,
    • Cooperative Finance issue (represented the claimants),
    • Nepalese infamous Land Scandal.
c.  Litigation and ADR:

Litigation:

  • Successfully represented a leading infrastructure firm in the Supreme Court by invalidating an international bidding process and associated license for a large telecommunications project on grounds of non-compliance with the Public Procurement Act 2063 (BS) and the associated Public Procurement Rules 2064 (BS).
  • Successfully represented the office of the President of Nepal in the Supreme Court by dismissing a writ challenging the removal of a Nepal Army Chief from office.
  • Successfully represented a leading consumer foods company in the Supreme Court in a trademark infringement and passing-off claim.
  • In a landmark tax case, successfully issued a writ petition in the Supreme Court that quashed the Tax Tribunal’s decision to disallow certain disputed corporate tax and excise duty tax exemptions and tax holidays.
  • Successfully quashed a government agency decision that was indirectly discriminatory towards private institutions in the Supreme Court.
  • Successful represented the accused in a landmark marital rape case in the Supreme Court involving substantial cross examination, which clarified the scope and interpretation of consent.
  • Represented an innocent agent in a human trafficking charge in the High Court, clarifying the reliability and admissibility of expert evidence and witness statements.

ADR:

  • Represented a major hydropower projects sponsor in a FREEDEAL arbitration against developers in a dispute regarding construction failures.
  • Mediated to avoid litigation and settled a substantial contractual dispute at favourable terms for a international client.
d.  Public and Administrative law:
  • Successfully represented a leading infrastructure firm in the Supreme Court by invalidating an international bidding process and a subsequently issued license for a large telecommunications project on grounds of non-compliance with the Public Procurement Act 2063 (BS) and the associated Public Procurement Rules 2064 (BS).
  • Successfully represented a leading moviestar by obtaining a prohibitory order against further police involvement and securing his removal from custody in an excess of jurisdiction case.
  • Successfully represented a leading business group to quash a governmental agency’s decision that had erroneously failed to consider environmental effects.
  • Successfully quashed a government agency decision that was indirectly discriminatory towards private institutions in the Supreme Court.
e.  Tax:
  • Successfully represented an international construction material company in the Supreme Court to stay and quash an erroneous calculation of income tax and excise duties, clarifying the scope of relevant taxable events and permissible deductions.
  • Successfully represented a top conglomerate in the Supreme Court to quash the non- applicability of corporate tax rebates and exemptions in a politically sensitive and legally complex case, qualifying the scope of certain corporate tax rebates.
  • Represented a top beverage company in the Supreme Court to stay and quash erroneously calculated customs, excise, and capital gains tax charged after the acquisition of its shares by an international beverages joint venture company. Our representation clarified the meaning of a disputed tax provision.
f.  Banking, Finance, and Insurance:
  • Advised a top conglomerate on one of the largest Nepalese contracts for the purchase and sale of fertilisers and related structured financing agreements.
  • Advised a top conglomerate on several first-of-a-kind transactions including international automobile dealership contracts, asset-based financing, purchase and lease of international goods and equipment, licensing of intellectual property, and financing options for consumers.
  • Advised a top telecommunications service provider on various network/distribution agreements, financing (debt and equity) contracts, consumer agreements, operation and management agreements, applicable regulation, and breach of contract litigation.
  • Advised a top property developer on the acquisition of land, building permits, debt and equity financing, and consumer contracts in one of the first major residential property development projects in Nepal.
  • Represented several leading companies and businessmen in the High Court and Supreme Court to successfully establish or defend criminal and civil liability stemming from the dishonour of cheques.
g.  FDI, JV, and Funds:
  • In one of the major FDI deals in Nepal, we advised the Nick Simons Institute on transferring funds into Nepal through FDI on a recurring basis to finance its philanthropic healthcare goals in Nepal.
  • Advised a leading beverages company on the corporate, commercial, intellectual property and taxation issues of entering into a joint venture agreement with a renowned international beverages company.
  • Advised a leading construction firm on the corporate, commercial, intellectual property and tax aspects of entering into a joint venture agreement with another construction company to build an assigned project and bid for another lucrative project.
  • Advised a top international conglomerate on utilising the FDI route to finance its subsidiary and firmly further business in Nepal.
h.  Intellectual Property:
  • In several first-of-a-kind deals, we represented a top music label and distributor in the registration, licensing, and purchase of literary, musical, and film intellectual property rights.
  • Represented a leading film production company on the sale of its film rights to distributors and licensing of its trademark.
  • Successfully represented a leading consumer foods company in the Supreme Court in a trademark infringement and passing-off claim.
i.  Criminal law:
  • Secured the acquittal of an innocent agent in a human trafficking charge in the High Court, clarifying the reliability and admissibility of expert evidence and witness statements.
  • Secured the acquittal of the accused in a drug trafficking and abuse charge in the High Court.
  • Successfully defended a leading foods and beverages company from an unfair dismissal and restrictive covenant claim in the Labour Court and successfully secured compensation for theft conducted during employment.
  • Successfully represented a leading moviestar by obtaining a prohibitory order against further police involvement and securing his removal from custody in an excess of jurisdiction case.
j.  Employment law:
  • Successfully defended a large recycling company in the High Court from a vicarious liability claim stemming from an employee’s road accident.
  • Successfully defended a leading foods and beverages company from an unfair dismissal and restrictive covenant claim in the Labour Court and successfully secured compensation for theft conducted during employment.
  • Successfully represented an employee of an international pharmaceuticals company in the Supreme Court by establishing an unfair dismissal claim and reinstating employment in the company’s Nepalese branch.
k.  NRN law:
  • Advised several NRNs and their families on succession planning, Nepali citizenship issues, taxation of worldwide assets and income, sale of Nepalese assets, and asset distribution following divorce.
  • Master of Arts (MA) in Rural Development, Tribhuvan University.
  • BA LLB, Tribhuvan University.
  • Admitted as an advocate in the Supreme Court of Nepal.
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