Mohammad Irshad

Call us: (+92) 0321 400 444 3

ABOUT US

Litigation & Dispute Resolution:

  • Defending claim for damages of Licensee of Mobile Telecommunication Services Provider allegedly for spectrum interference;
  • Conceiving, raising and successfully challenging (under the leadership of senior counsels of Pakistan) imposition of tax on SIMs activation, FED on interconnect payments between telecom operators, fees by local bodies on telecom infrastructure, penalties in respect of quality of telecom services;
  • Successfully prosecuting for fraud in illegal and unauthorized generation and sale of electronic vouchers and air time in telecommunication system of a telecommunication company;
  • Successfully defending retrenchment of large number of employees by UBL before Federal Services Tribunals, Labour Courts and assisting senior counsel in such matters in Supreme Court of Pakistan;
  • Execution in Pakistan of foreign decrees passed by foreign courts in relation to liquidation of Bank of Credit and Commerce International (BCCI);
  • Represented several clients in arbitration proceedings, suits for specific performances and declaration, claims for damages and defamation, constitutional and civil rights matters, labor & employment litigation matters, besides administrations and banking finance facilities.
  • Special interest in prosecution and defending cases involving allegations of financial frauds, telecom frauds, banking frauds, white collar crimes, cybercrimes; tax litigation and civil litigation involving complex issues.

Reported Judgments:

  • Crescent Textile Mills Ltd. Vs. Board of Trustees of Employees Old age Benefits Institutions 2003 PLC 41
  • Ravi Glass Mills Limited v. I.C.I. Pakistan PowerGen Limited 2004 YLR 2503
  • Habib Bank Limited V. Daizy Knitwear (Private) Limited 2006 CLD 206


Business Transactions:

  • Negotiating and drafting of contracts to set up solar energy projects and Power Purchase Agreements and related financial facilities;
  • Negotiated and drafted contract for implementation of Web Monitoring System amongst all telecommunications services provider in Pakistan;
  • Reviewed, revised and standardized for Warid Telecom (Private) Limited (Warid) and Pakistan Mobile Communications Limited (PMCL) various agreements including franchise and agency agreements; –
  • Negotiated cross border telecom services platforms providing agreements between Ericsson and PMCL- for PMCL;
  • Drafted for Mobilink Microfinance Bank Limited (MMBL) standard form agreements, processes and procedures for digital financial services (mobile financial services/branchless banking services) and microfinance banking-;
  • Leading team member for Warid in negotiation, finalization and execution of shareholders’ agreements, acquisition agreements and merger between Warid and PMCL and then aligning all agreements of both companies with all other parties in view of said merger;
  • Reviewed, negotiated and finalized shareholders’ agreement that resulted in SingTel’s exit as a shareholder of Warid;
  • Review, negotiation and finalization of sale of 30% (thirty percent) Warid shares to SingTel, a Singapore based telecommunication group;
  • Due diligence exercise for potential share transaction with national and international telecom operators;
  • Reviewed, negotiated and finalized USD 500,998,099 Finance Facility Agreement entered into between Warid, ABN AMRO Bank N.V and Standard Chartered Bank backed by EKN Guarantee (Sweden based export credit corporation);
  • Reviewed, negotiated and finalized PKR. 10 billion syndicated finance agreement executed between Warid and syndicate lead by Habib Bank Limited;
  • Reviewed, negotiated and finalized PKR 7,600,000,000 (Pak Rupees Seven Billion, Six Hundred Million only) Syndicated markup agreement between Warid and syndicate of almost all major banks including Habib Bank Limited, Standard Chartered Bank (Pakistan) Limited and others;
  • Reviewed, negotiated and finalized USD 347,397,460 EKN facilities between Warid as the Borrower, ABN AMRO Bank N.V., Stockholm Branch and Standard Chartered Bank as the Arrangers, ABN AMRO Bank N.V., Stockholm Branch as the Facility Agent and EKN Agent and the Lenders
  • Reviewed, negotiated and finalized USD 160,00,00 Facility Agreement between Warid and China Development Bank Corporation, China;
  • Reviewed, negotiated and finalized supply, implementation, operation and maintenance contracts between Warid and Ericsson, Huawei, Nokia, Siemens, ITS, Consistel telecom network and IT equipment, and services providers.
  • Led the legal team engaged for setting up Lake City Holdings (Private) Limited, a real estate company, drafting of its consortium agreements amongst its developers and sponsors, development agreements, financing agreements and sale agreements, land ownership title verifications and sale deeds;
  • Conducted due diligence for sale and purchase of urban and agricultural real estate, negotiated transactions and supervised registration of sale deeds for various clients;
  • Drafted Memorandum and Articles of Associations and registered companies, welfare societies, firms, trusts and organizations in accordance with respective laws;


Corporate Legal Consultancy & Advisory:

  • Advised a Mobile Telecommunication Services Provider on its rights and privileges for setting up Telecommunication System for provision of Telecommunication System and Public and Private Right of Way Policy, 2020 issued by Government of Pakistan.
  • Advised a Long Distance and International Services Provider about its rights and obligations inter alia for interconnect services and other legal obligations.
  • Monitored legal compliances under local laws and Foreign Corrupt Practices Act, 1977; the United Kingdom’s Bribery Act of 2010 with special focus on code of conduct and business partners code of conduct, contractual relations, speak up policy, whistleblower policy and non-retaliation policy, dealings with the public functionaries and services providers required to comply with such laws relating to anti-bribery, anti-money laundering, sanctions & export control laws and regulations of the United States, the United Kingdom, the EU and the Netherlands- for PMCL and MMBL.
  • Advised on company structure, management responsibilities, empowerments, company policies across functions, employees’ policies including policy for prevention of fraud and disciplinary actions;
  • Developed and advised on system for electronic review and execution of documents with particular focus on review of legal process, standardization of contracts and their negotiation and execution through electronic modes-for PMCL;
  • Advised on implementation of digital signatures of agreements in accordance with the Electronic Transactions Ordinance, 2002- for MMBL;
  • Legal review and revision of all models and products of mobile financial services- for MMBL;
  • Advised Warid on technology neutrality of license issued by Pakistan Telecommunication Authority and launch of LTE services;
  • Advised on responsibilities of a company secretary of large scale companies;
  • Advised a Commercial and Islamic Banking Companies on tax issues and drafting and vetting of Finance Facility Agreements for different customers.