Sir, could you please share with us your journey and how you ended up pursuing a career in law, especially with such a diverse background that includes corporate, commercial, and employment law?
Prior to joining Law School (National Law School of India University) I was lucky enough to have interacted with Prof. Dr. N. R. Madhava Menon. It was these interactions that led me to sit for the entrance exam.
At the time I graduated, law firms did not put lawyers into specific practice areas as is the case today. I, therefore, got exposed to various areas of laws during my initial years. At that point of time, the liberalisation of the Indian economy was slowly gathering steam and owing to the same, I ended up doing a lot of corporate and commercial work and found that I enjoyed it.
You have extensive experience in mergers, acquisitions, private equity investments, and joint ventures. Could you tell us about a particularly challenging or memorable deal you’ve worked on and what made it stand out?
Every transaction is memorable since by its very nature a transaction consists of balancing competing interests and arriving at a result which is a win-win. Personally speaking, the learnings from each transaction have been different since nearly all of them required me to ‘re-learn’.
In addition to your work in M&A and private equity, you’ve also advised on real estate transactions. What are some key considerations for clients when navigating the complexities of real estate deals, especially in India?
Real estate practice in India is fairly varied in terms of local practices and on-ground situations. A good real estate practitioner needs to be familiar with multiple laws which impact real estate such as stamp duty laws, succession laws under various communities, environmental laws, land acquisition, etc.
For a good real estate practitioner, balancing commercial needs with on-ground realities and legal protection is key and this is something which requires time and experience. A diligent real estate lawyer is one who is aware of the legal precedents on a continuous basis.
You’ve had the opportunity to work both in India and internationally, including with European clients on investment opportunities in India. What are some key differences you’ve noticed in the legal landscape and business practices between these regions?
One of the key differences I noticed while working abroad was the focus and attention given by law firms to the mental well-being of their lawyers. The other big difference was the way big law firms were structured to ensure focus on quality of deliverables, knowledge management, standardisation of work products, etc. Indian law firms have taken time to walk down this path.
Shareholder and commercial disputes can be intricate and sensitive matters. Can you discuss some strategies or approaches you’ve used to successfully resolve these types of conflicts for your clients?
In India, given the stress our judicial system has, it becomes imperative to resolve disputes efficiently in a time bound manner. This makes alternative modes of dispute resolution including negotiation and mediation particularly important. Drafting commercial agreements which will stand the test of a legal challenge is a first step towards ensuring prevention of such disputes. Furthermore, a key aspect in intricate shareholder and commercial disputes is the careful balancing of interests of both parties that a lawyer must strive for to ensure a speedy redressal of grievances of the parties involved. In my experience, commercial disputes usually arise when the thought process of the people at the time of entering into the transaction has shifted which leads to one of the parties trying to ‘re-interpret’ the intention behind a particular provision of a transaction document. By drafting documents using language which is not capable of multiple interpretations, some of these disputes can be resolved without having to go down a lengthy process of dispute resolution.
In my view, mediation seems to be the way forward, especially for shareholder and commercial disputes considering the many benefits it offers. Lawyers and law firms would be well advised in educating themselves in this area and then advising their clients to use mediation as a process to resolve issues.
Your career has spanned various roles, including Managing Partner at Lumiere Law Partners and Director (Legal) at the Avenue Capital Group. How have these diverse experiences shaped your approach to legal practice and client service?
During my formative years as a legal professional, I was very fortunate to have worked directly under lawyers who I would consider as doyens of the legal profession. Their kindness in taking the time out to mentor me is perhaps the biggest reason why I enjoy what I do even today. While reading and constantly updating oneself is a prerequisite for a lawyer to do well in the profession, client servicing (learning how to deal with clients) is something which is equally important. I built upon my client servicing skills gradually over the course of my career while working at law firms in India and abroad. When I was working at Avenue Capital, I was essentially a client for law firms and that stint was invaluable in giving me the perspective from the other side – how a client ‘measures’ law firms/ lawyers and what he expects from his legal counsel(s).
You’ve been recognized by prestigious legal publications like the Legal 500 and Chambers and Partners. What do you attribute to your success in the legal field, and how do you stay current and relevant in such a dynamic industry?
One of my professors in law school had once made a comment, “Lawyers are not brilliant by birth, they become brilliant only by working hard”. The legal profession is one of those where knowledge trumps everything else. When I started off my career, there was no internet, no google, which have now become an integral part of our lives. Reading and researching, the two essential elements that form a key part of a lawyer’s arsenal, were to be approached differently as compared to today’s times. This, however, is only half the story. Truly brilliant lawyers, in my experience, have a third element which is ‘analysis’. In order to stay relevant in an ever-evolving legal landscape, especially in India, the first order of business is to read as much as possible and then analyse what one has read to see how to best use that learning. Further, having a problem-solving attitude is critical in order to be able to serve your clients effectively and efficiently.
You’re currently the Managing Partner of EVA Law. Can you tell us about your vision for the firm and the areas of law where you see the most growth and potential in the coming years?
The word ‘EVA’ stands for life itself. My vision for EVA Law is not so much for the firm but for the lawyers who work with us. My learning over nearly three decades is that for any vision to be successful, it has to first become a value system for the people in the organization.
My vision for EVA would be threefold:
(a) Building a culture of extraordinary mentorship. Lawyers in EVA Law must instil a culture of thirst for knowledge and achieving excellence. The culture must embrace openness and inclusiveness. The mentorship must encourage everyone to aspire to become leaders and decision makers.
(b) Recognising teamwork is critical. Every team member in EVA Law will be respected and appreciated for their contribution and learn from each other in that process. Younger members of the team must feel committed to the process.
(c) Dealing with mistakes and failures – The work culture must empower people to be secure enough to admit wrong decisions. Failures and mistakes are not about putting blame on someone but learning individually and collectively.
In terms of the areas of law that have a lot of potential, data privacy is right up there. I also feel that with the growing trend towards digitisation, cyber security laws will be in vogue. Also as I mentioned above, mediation will be an important area.
As someone who has achieved remarkable success in the legal profession, what advice would you give to law school graduates and young professionals aspiring to excel in their legal careers?
All the recognitions and accolades that I have received in my career are not by any stretch of imagination attributable to anything extraordinary done by me. They are a reflection of all my team members who have worked extremely hard to ensure that our work got noticed. Success means different things to different people. For me, success is the fact that people who have worked with me have gone on to become remarkable lawyers; success is the fact that lawyers in my team who are less than half my age call me by name; success is the fact that my clients allow me to tell them what they ought to hear rather than what they want to hear. To all the law graduates out there aspiring to make a mark in the legal profession, all I would like to say is that be the lawyer who other lawyers call when they need good advice and (quite importantly) don’t take yourself too seriously.
You started your career teaching German and later ventured into the world of finance and law. Can you share the pivotal moments that led you to this diverse career path?
“My career path is a tapestry of diverse experiences, woven together by a passion for continuous learning and a relentless drive to excel.”
“From the classrooms of language instruction to the high-stakes world of finance and law, my journey has been marked by pivotal moments that have deepened my understanding of diverse fields.”
“I transitioned from shaping minds through language instruction to shaping financial futures, where I learned that every success story is a testament to the power of knowledge and dedication.”
“The financial and legal sectors exposed me to the complexities of the modern world, where I realized that my ability to help people extended beyond language and education.”
“My journey underscores the importance of adaptability and seizing opportunities that align with one’s core values and a commitment to making a meaningful impact.”
“Teaching German and guiding students was the foundation of my career, but my foray into finance and law was the bridge that allowed me to connect with people on a deeper level, addressing their financial and legal needs.”
“In the world of finance and law, I discovered that my background in education was not a departure but a valuable foundation for effective communication, problem-solving, and client advocacy.”
During this period, I honed my skills and managed investment portfolios for high-net-worth clients globally. The corporate banking and insurance industry taught me the value of customer-centricity, and I climbed the career ladder with eight consecutive promotions, earning numerous accolades and certifications. Being recognized among the top 10 managers in the entire Delhi region was a significant milestone.
“My diverse career path has taught me that success is not confined to a single field; it is a reflection of one’s ability to adapt, learn, and embrace new challenges with enthusiasm.”
However, a pivotal moment occurred when I encountered a distressed client who had fallen victim to insurance fraud. This incident awakened my desire to help individuals facing white-collar crimes and misconduct. It led me to transition into the field of law and join my father’s law firm, where I could provide legal aid and support to those in need.
In summary, my diverse career path is a culmination of my experiences in teaching, entrepreneurship, finance, and law. Each phase has contributed to my growth and shaped my commitment to making a positive impact on people’s lives. My journey has been guided by a passion for learning, a desire to help others, and a drive to excel in diverse fields, ultimately leading me to where I am today.”
There was a significant turning point when you helped a client recover a substantial sum from fraudulent insurance policies. What was the most challenging aspect of this case, and how did it inspire your interest in legal aid for white-collar crimes?
“The turning point in my career occurred during a profoundly challenging case where I assisted a client in recovering a substantial sum from fraudulent insurance policies. This experience not only tested my problem-solving abilities but also ignited my passion for providing legal aid in the realm of white-collar crimes.
The most challenging aspect of this case was uncovering the extensive web of deception that had ensnared my client. He had fallen victim to individuals who had impersonated IRDA management Officials, engaging in misconduct and selling fraudulent insurance policies with false promises of bonuses and RBI Bonds worth a staggering amount.
What made this case particularly daunting was the sheer magnitude of the deception – my client carried a trolley bag filled with 167 insurance policy bonds from over 10 insurance companies, totalling a premium amount of 3.8 Crores. It was a complex and overwhelming situation.
As I delved deeper into the case, I realized the depth of despair that had befallen my client and many others who had been similarly deceived. He had even attempted suicide, which added an emotional layer to the already intricate legal aspects of the case.
The process of uncovering the fraud and assisting my client in recovering his investments was an arduous journey that required meticulous research, legal expertise, and unwavering dedication. I worked tirelessly for over six months, tirelessly navigating the intricacies of the insurance industry, and coordinating with various insurance companies to secure the refunds. Ultimately, 159 out of 167 policies were successfully refunded, amounting to 3.54 Crores. Witnessing my client’s relief and gratitude was an incredibly rewarding moment in my career.
This experience profoundly affected me and kindled a deep-seated desire to assist individuals facing white-collar crimes, where unsuspecting victims often suffer substantial losses. It made me acutely aware of the prevalence of such crimes in India and the need for legal professionals to step forward and provide support.
This case became a pivotal moment that guided me towards transitioning into the field of law, ultimately leading me to join my father’s law firm. It underscored the importance of legal advocacy and the critical role that lawyers can play in safeguarding the rights and interests of individuals in the face of financial misconduct and fraud. My commitment to this cause has only grown stronger since, and it continues to drive my dedication to providing legal aid and support to those in need, particularly in the realm of white-collar crimes.”
Joining your father’s law firm was a significant step in your career. What did you find most rewarding about working in a family law firm, and how did it influence your perspective on legal practice?
“In addition to serving our existing clients at my father’s law firm, I set out on a mission to elevate our practice into one of Delhi’s Top 20 law firms. To achieve this, I took a proactive approach by tapping into my extensive network of old clients from my prior career in banking and insurance.
I recognized that these clients could benefit from comprehensive legal support, so I offered pro bono assistance tailored to their specific needs. Initially, many approached me with banking and insurance disputes, given my background in the industry. However, as word of our firm’s capabilities spread, our caseload expanded to encompass corporate, civil and criminal matters.
Each day brought new challenges and opportunities for growth. I embraced this learning curve wholeheartedly, continuously improving my legal skills. This dedication allowed me to provide efficient and effective legal solutions to my clients, ensuring their legal issues were addressed promptly and comprehensively.”
This showcases your proactive approach, commitment to growth, and adaptability in expanding your law firm’s practice areas.
You mentioned pursuing international law certifications, including the IBMI program in Berlin. How has your international legal education shaped your approach to commercial and corporate law, especially in the Indian context?
“Pursuing international law certifications, such as the IBMI program in Berlin, has significantly influenced my approach to commercial and corporate law, particularly in the context of India. It provided me with a global perspective and a deeper understanding of the interconnectedness of legal systems, which has been extremely valuable in my legal practice.
Broader Perspective: International legal education exposed me to a wide range of legal frameworks, practices, and case studies from around the world. This broader perspective has allowed me to approach commercial and corporate law in India with a more open mind, integrating international best practices and innovative solutions into my strategies.
Cross-Border Transactions: Understanding international law is essential in today’s globalized business landscape. It has equipped me to handle cross-border transactions more effectively, facilitating smoother negotiations and compliance with international regulations. This is particularly important as Indian businesses increasingly engage in global trade and investments.
Legal Innovation: International legal education emphasized the importance of legal innovation and staying updated with evolving legal trends and technologies. This mindset has encouraged me to adopt innovative approaches and leverage technology in the Indian legal context, enhancing efficiency and client service.
Adaptability: International legal education has taught me the importance of adaptability in the face of rapidly changing global legal dynamics. In the Indian context, where laws and regulations can evolve swiftly, this adaptability is a crucial asset for both clients and legal practitioners.
Diversity and Inclusivity: It has also deepened my appreciation for diversity and inclusivity in legal practice. Recognizing the multicultural aspects of international law has made me more attuned to the diverse needs and perspectives of clients in India, helping me provide more comprehensive and tailored legal advice.
In summary, my international legal education has not only enriched my understanding of commercial and corporate law but also empowered me to offer more comprehensive and globally informed legal solutions to clients in the Indian context. It has broadened my horizons, encouraged innovation, and fostered adaptability, all of which have proven to be invaluable assets in my legal practice.”
Conflict Resolution: International legal education emphasized various methods of conflict resolution, including arbitration and mediation, which have become increasingly relevant in India’s corporate landscape. These alternative dispute resolution mechanisms have allowed me to guide clients towards quicker and cost-effective resolutions.
Global Compliance Standards: International certifications have made me well-versed in global compliance standards and regulations, which I can apply to ensure that Indian companies adhere to international norms, enhancing their reputation and global competitiveness.
Cross-Cultural Communication: Dealing with international legal matters has honed my cross-cultural communication skills. This proficiency is beneficial when representing Indian clients in negotiations or transactions involving foreign counterparts, where effective communication can be a key factor in achieving successful outcomes.
International Networking: My international legal education has expanded my professional network across borders. These connections have proven valuable for collaborating with legal experts from different jurisdictions, allowing me to provide comprehensive advice when clients have multi-jurisdictional legal needs.
Risk Assessment: Understanding international legal frameworks has equipped me with a nuanced approach to risk assessment. I can better identify potential risks and opportunities for Indian businesses operating globally, aiding them in making informed decisions.
Legal Research and Comparative Analysis: International legal education has enhanced my skills in legal research and comparative analysis. This proficiency enables me to stay updated with global legal developments and apply relevant international precedents and case studies to Indian legal scenarios.
Adherence to Ethical Standards: International legal education underscores the importance of ethical standards and professional conduct, which I have integrated into my practice in India. Upholding these principles ensures that clients receive not only legally sound advice but also ethical guidance.
As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, you oversee a wide range of legal services. Can you highlight some of the most challenging and rewarding cases or projects you’ve worked on in recent years?
In recent years, my role as a Legal Counsel and Retainer for prominent Indian and international corporations has provided me with the unique opportunity to represent clients in a variety of legal settings. I’ve had the privilege of appearing in District Courts across seven to eight different states in India and have also presented cases in the High Courts of eight Indian states, including Delhi, Bombay, Allahabad, Karnataka, Rajasthan, Madhya Pradesh, Punjab & Haryana, and Uttarakhand. These experiences have allowed me to serve my corporate clients effectively and meet the legal needs of international clients with branches in India.
“As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, I have had the privilege of overseeing a diverse portfolio of legal services. In recent years, several cases and projects have stood out as both challenging and profoundly rewarding. I won’t be able to disclose the names of the cases but allow me to highlight a few of these significant experiences:
Complex Cross-Border Merger: One of the most challenging and rewarding cases involved facilitating a complex cross-border merger between an Indian company and a multinational corporation. Navigating the intricate web of international regulations, compliance, and negotiations required a meticulous approach. Successfully closing this merger not only demonstrated our firm’s proficiency in international corporate law but also contributed to fostering foreign investments in India.
High-Stakes Litigation: We recently took on a high-stakes litigation case representing a client facing a multi-million-dollar dispute. The intricate legal complexities and the pressure of the substantial financial stakes made this a challenging undertaking. However, achieving a favourable resolution for our client was immensely rewarding, reinforcing the significance of thorough legal research, strategic planning, and advocacy.
Intellectual Property Rights Protection: Protecting the intellectual property rights of an innovative Indian startup in the technology sector posed a unique set of challenges. We successfully navigated patent and trademark issues, both in India and internationally, securing our client’s innovative ideas and products. This case highlighted the crucial role that intellectual property plays in modern businesses and the importance of safeguarding these assets.
Pro Bono Advocacy: Beyond corporate cases, our firm is committed to pro bono work, and one of the most rewarding experiences involved providing legal support to an underprivileged community facing land disputes. Our efforts resulted in securing land rights for numerous families, providing them with a sense of security and a place to call home. This case exemplified the profound impact that legal advocacy can have on marginalized communities.
Cybersecurity and Data Privacy Compliance: With the growing emphasis on data privacy, we embarked on a challenging project involving cybersecurity and data privacy compliance for a multinational corporation operating in India. Crafting a comprehensive compliance framework that adhered to global standards while meeting local legal requirements was a noteworthy accomplishment. It reinforced our commitment to staying ahead of evolving legal landscapes.
Criminal Litigation – Delhi Riots 2020 Case: We undertook a complex criminal litigation case related to the Delhi Riots in 2020, representing individuals Hindu Community Individuals. The case required a deep understanding of criminal law and a meticulous examination of evidence. Successfully representing our clients and ensuring a fair legal process in such a high-profile case was both challenging and deeply significant. “The trial is currently ongoing.”
In conclusion, overseeing a wide range of legal services at PRAXOUS DE LEGAL LAW FIRM has allowed me to engage in diverse and complex cases and projects. While each case presented its own unique challenges, the satisfaction of achieving successful outcomes for our clients reaffirms our dedication to delivering exceptional legal services and making a positive impact in the legal landscape.”
You have a strong background in various industries, including insurance, insurtech, blockchain, and more. What industry trends or developments are you currently excited about, and how do they intersect with your legal practice? Please answer by primarily focusing on Insurtech and Insurance and technology driven companies like gaming , blockchain, ai integrated companies for data privacy and copyright legal assistance.
“I am genuinely excited about several industry trends and developments, especially in the realms of Banking, Insurtech, insurance, and technology-driven sectors like gaming, blockchain, and AI-integrated companies. These trends intersect closely with my legal practice and present both challenges and opportunities:
1. Insurtech Revolution: The Insurtech landscape is undergoing a remarkable transformation. Technology-driven innovations, such as AI-powered underwriting, IoT-based risk assessment, and blockchain for smart contracts, are reshaping the insurance industry. As a legal practitioner, I find this trend particularly intriguing because it necessitates a thorough understanding of emerging regulations and compliance in the insurance and technology sectors. My role involves helping clients navigate this evolving regulatory landscape, ensuring they harness the full potential of Insurtech while remaining compliant.
2. Gaming and Intellectual Property: The gaming industry continues to experience exponential growth, driven by advancements in virtual reality, augmented reality, and esports. Protecting intellectual property and copyright has become paramount in this sector. I find it fascinating to assist gaming companies in safeguarding their creative content, trademarks, and patents. This entails staying abreast of international copyright laws and advocating for our clients’ rights in a rapidly evolving digital landscape.
3. Blockchain and Data Privacy: Blockchain technology holds immense promise, not only in finance but also in areas like supply chain management, healthcare, and digital identity. My legal practice aligns with blockchain’s intersection with data privacy. Ensuring compliance with data protection regulations while leveraging the transparency and security of blockchain is a complex yet exciting challenge. I work closely with clients to establish robust data privacy protocols in their blockchain implementations.
4. AI and Data Protection: Companies integrating AI into their operations generate vast amounts of data, raising critical data privacy concerns. The evolving landscape of AI and data privacy laws requires continuous vigilance. My legal practice focuses on helping businesses strike a balance between harnessing AI’s potential and safeguarding the privacy of individuals, ensuring compliance with regulations such as GDPR and CCPA.
5. Evolving Regulatory Landscape: The constantly changing regulatory environment is a significant trend across these industries. Staying updated with new laws and regulations, both in India and internationally, is crucial. As a legal practitioner, I ensure my clients remain compliant while taking advantage of these trends.
6. Cybersecurity Challenges: With the increasing digitization of businesses, cybersecurity has become paramount. Technology-driven companies face continuous threats, and ensuring data protection and cybersecurity measures are up to par is an ongoing concern. My role involves advising clients on robust cybersecurity strategies and legal compliance to safeguard sensitive information.
7. Global Expansion: Many technology-driven companies aspire to expand globally. Navigating international laws and regulations, trade agreements, and intellectual property rights becomes essential. My legal practice supports these ambitions, providing guidance on international business operations and regulatory compliance.
8. Digital Transformation: As companies embrace digital transformation, they often require assistance in drafting and negotiating contracts, ensuring compliance with digital laws, and protecting their digital assets. I specialize in helping clients navigate the legal intricacies of digital transformation.
9. Environmental, Social, and Governance (ESG) Focus: In recent years, there has been a growing emphasis on ESG factors in corporate governance. Technology-driven companies are no exception. I assist clients in aligning their practices with ESG principles, which can enhance their reputation, reduce risk, and attract socially responsible investors.
10. Dispute Resolution in the Digital Age: With technology playing a significant role in business operations, disputes and litigation often involve complex digital evidence. I specialize in helping clients resolve disputes efficiently and effectively in this digital age, including e-discovery and digital forensics.
In summary, these industry trends and developments intersect with my legal practice in various ways, from regulatory compliance and data privacy to intellectual property protection and global expansion strategies. My role is to provide legal counsel that empowers businesses to navigate these trends successfully while adhering to the highest ethical and legal standards but also to act as a strategic partner, helping clients navigate the evolving regulatory environment, mitigate risks, and seize opportunities. I’m excited to be at the forefront of these transformative trends, offering legal solutions that empower businesses to innovate responsibly and ethically in an increasingly technology-driven world.”
With your diverse career journey, what advice would you give to fresh law graduates who are just starting out in their respective fields, especially those who might be considering multiple career paths like you did?
“To the aspiring law graduates just setting foot in the legal profession, especially those who are contemplating diverse career paths, I offer the following guidance based on my own diverse experiences:
Master the Fundamentals: Start by building a strong foundation in core legal principles and practices. Solid legal knowledge is your bedrock and will serve you well regardless of your chosen path.
Pursue Passion and Purpose: Law is a versatile field, and there are numerous specializations and niches to explore. Choose a legal path that aligns with your passions and values. When you’re genuinely interested in your work, it becomes a source of motivation and satisfaction.
Stay Adaptable: The legal landscape is dynamic. Be open to exploring different areas of law, as well as adjacent fields that intersect with law, such as compliance, consulting, or alternative dispute resolution. Adaptability is key to a successful legal career.
Network Actively: Building a professional network is essential. Attend legal seminars, join bar associations, and connect with experienced legal practitioners. Networking can open doors to valuable opportunities and mentorship.
Mentorship Matters: Seek out mentors who have navigated various legal career paths. They can provide insights, guidance, and help you make informed decisions about your career journey.
Continual Learning: The legal profession demands ongoing learning. Stay updated with legal developments, attend workshops, and consider pursuing specialized certifications or advanced degrees to enhance your expertise.
Embrace Technology: Technology is rapidly changing the legal landscape. Familiarize yourself with legal tech tools and platforms that can streamline your work and improve efficiency.
Ethical Integrity: Uphold the highest ethical standards in all your legal endeavours. Trust and integrity are the cornerstones of a successful legal career.
Persistence Pays Off: Building a rewarding legal career may take time. Be patient, and don’t be discouraged by initial setbacks. Each experience, whether positive or challenging, contributes to your growth.
Diversify Experience: Don’t limit yourself to one type of legal practice. Explore different aspects of law, such as litigation, corporate law, or public interest law. Diverse experiences will make you a more versatile and well-rounded legal professional.
Consider the Bigger Picture: Beyond legal expertise, develop skills in communication, negotiation, and problem-solving. These skills are invaluable in any legal role.
Stay Inquisitive: Be curious and inquisitive. Ask questions, seek out novel solutions, and be open to unconventional approaches to legal challenges.
In summary, the legal profession offers a vast array of opportunities, and your career journey can be as unique as you are. Embrace the journey, remain adaptable, and never stop learning. By combining passion, purpose, and a commitment to excellence, you can build a fulfilling legal career that aligns with your aspirations and values.”
Can you share the story of how you decided to pursue a career in law, and what inspired you to become a lawyer?
Well, my journey into the field of law was greatly influenced by my family’s legacy of distinguished lawyers, particularly my maternal grandfather, Mr. Gyan Chandra Dwivedi. He was a Senior Advocate at the High Court of Judicature at Allahabad and a true luminary in the legal world. His reputation for his commitment to justice and his impact on people’s lives left an enduring impression on me.
As a child, I often found myself intrigued by the stories and discussions about legal cases that echoed through our family gatherings. These conversations weren’t just about courtroom dramas; they were about real people’s lives being shaped and justice being served. The more I heard, the more I felt drawn to the idea of becoming a lawyer.
After finishing school, I decided to follow this innate calling and embarked on my journey towards a career in law. I got myself enrolled in a B.B.A. LLB (Hons) program at Amity University, Uttar Pradesh. This was the first step in the realization of my passion for the legal profession.
However, the pivotal moment in my journey came during my second year of law school when I had the opportunity to intern with the Human Rights Law Network (H.R.L.N.) in Allahabad. It was during this internship that I got a taste of what it truly means to be a lawyer.
One particular case during this internship became a turning point in my life. I was entrusted with the responsibility of drafting and arguing a Public Interest Litigation (PIL) seeking a ban on the sale of acid in Uttar Pradesh. This was not just a case but a chance to bring about tangible and positive change in society.
The day came when I had to stand before the court and present our case. To my surprise and honour, the case was heard by the now Chief Justice of India, Justice D.Y. Chandrachud, who was then presiding in Allahabad High Court along with Justice Harcauli. My heart raced as I presented our case, knowing that it had the potential to make a difference in the lives of countless people.
The order came in our favour, whereby the CMO of Allahabad was directed to ensure that medical aid (bed in the severely burned ward) be provided to the acid attack victim immediately. Further, Justice Chandrachud’s kind words of appreciation for our efforts were incredibly encouraging. This experience was profoundly enriching and reinforced my passion for law. It showcased the immense potential law holds to bring about positive change in society and ensure justice is served.
From that moment on, my commitment to the legal profession deepened, and I knew that I was on the right path. It was a journey driven by my family’s legacy and fuelled by the desire to make a meaningful contribution to the world through the pursuit of justice.
Today, as a lawyer and Managing Partner at Sinha & Partners, Advocates and Solicitors, I continue to be inspired by the values instilled in me by my family and the belief that law has the power to transform lives and society for the better. This is the story of how I found my calling in the world of law, and it’s a journey I cherish every day.
Can you walk us through some key milestones and experiences that shaped your legal career?
Certainly, let me take you on a journey through some key milestones and experiences that have profoundly shaped my legal career.
One of the pivotal moments in my career came when I had the opportunity to argue a case of medical negligence. It was a case that not only tested my legal acumen but also my dedication to seeking justice for my client. The District Forum passed a judgment in our favor, holding the doctors and hospital guilty of medical negligence and unfair trade practice. It was a significant victory, but the journey was far from over.
The case was subsequently challenged before the State Commission, where we faced a setback. The appeal was allowed, based on an erroneous finding by the State Commission. It was a moment of adversity, but it only fuelled my determination. I decided to challenge the State Commission’s order and sought revision before the National Consumer Dispute Redressal Commission.
This was a critical juncture in my career, and it required unwavering perseverance. After a rigorous legal battle, the National Consumer Dispute Redressal Commission ultimately passed judgment in favor of my client. It was a sweet victory that reaffirmed my belief in the legal system’s ability to right wrongs.
Another significant milestone in my journey was when I successfully had an award passed by a Sole Arbitrator set aside under Section 34 of the Arbitration and Conciliation Act, 1996. The circumstances surrounding this case were unique and challenging. The award had erroneously granted rent to the landlord for a commercial property during the lockdown imposed due to the COVID-19 pandemic.
The legal battle that followed was intense, but it led to a groundbreaking decision by the Hon’ble High Court. The court ruled that COVID-19 constituted a force majeure event, and invoking the force majeure clause during such times was both valid and legal. It was a significant precedent that not only benefited my client but also had broader implications for legal interpretations during unprecedented events.
In another instance, I managed to halt the initiation of the Corporate Insolvency Resolution Process (CIRP) after the first meeting of the Committee of Creditors (CoC). This achievement was the result of a strategic settlement between the Corporate Debtor and the Creditor. It was a testament to the power of negotiation and finding common ground in the often-complex world of insolvency proceedings.
These milestones and experiences have played a crucial role in shaping my legal career. They have instilled in me a deep sense of commitment to delivering excellence in the legal profession. They have also equipped me with the skills and determination needed to navigate the intricate and challenging legal landscapes that continue to unfold before me.
As the Managing Partner at Sinha & Partners, you’ve navigated complex legal landscapes. Could you share an example of a particularly challenging case or situation you’ve encountered and how you successfully handled it?
There are several challenging situations which I encountered during my tenure as the Managing Partner at Sinha & Partners. It is a complex legal landscape, and the stakes are extremely high.
Let me share one of such many cases. The case involved a multinational corporation embroiled in a protracted contractual dispute with a key business partner. The dispute was multi-faceted, spanning several jurisdictions and involving significant financial interests. Our client was facing the risk of substantial financial losses and damage to its reputation if the dispute wasn’t resolved favorably.
Navigating this complex situation required a multi-pronged approach. Here’s how we tackled it:
Thorough Analysis: The first step was an in-depth analysis of the contractual agreements, relevant laws, and the nuances of the dispute. This involved a meticulous review of documents and a deep understanding of the client’s business operations.
Strategy Development: Based on our analysis, we crafted a comprehensive legal strategy. This included identifying potential weaknesses in the opposing party’s arguments and formulating strong counterarguments.
Multi-Jurisdictional Coordination: Given the international aspects of the dispute, we coordinated with legal experts and partners in various jurisdictions to ensure a cohesive approach. Clear communication and strategic alignment were paramount.
Negotiation and Mediation: Recognizing the potential benefits of an amicable resolution, we engaged in extensive negotiation and mediation efforts. This required maintaining a delicate balance between asserting our client’s rights and exploring settlement options.
Litigation Preparedness: Simultaneously, we prepared for potential litigation. This involved gathering evidence, identifying key witnesses, and ensuring our legal team was ready for courtroom proceedings.
Client Communication: Throughout the process, we maintained open and transparent communication with our client. We provided regular updates on the progress of the case and discussed potential scenarios and their implications.
After months of intense negotiations and legal manoeuvring, we achieved a favorable settlement for our client. The agreement not only safeguarded their financial interests but also included provisions to protect their reputation and ongoing business relationships.
This case taught me several valuable lessons. It emphasized the importance of meticulous preparation, strategic thinking, and effective communication. It also underscored the significance of flexibility and adaptability in the face of evolving circumstances.
Ultimately, successfully handling this complex case was a team effort, and it showcased the dedication and expertise of our legal team at Sinha & Partners. It reinforced our commitment to delivering exceptional results for our clients, even in the most challenging legal landscapes.
During your time as an External Member of the Internal Complaint Committee under the Sexual Harassment of Women at Workplace Act, what have been some of the most important lessons you’ve learned about workplace compliance and gender equality?
Certainly, let me share my experiences during my time as an External Member of the Internal Complaint Committee under the Sexual Harassment of Women at Workplace Act. It’s been a journey filled with valuable lessons about workplace compliance and gender equality.
Picture this – I found myself in a unique position, serving as an External Member on the Committee. From the very beginning, it was evident that empathy plays a pivotal role in addressing workplace harassment cases. Hearing the survivors’ stories and understanding their experiences first hand made me realize the profound impact empathy can have. It’s not just a professional duty; it’s about creating a safe and supportive space where survivors can find solace and trust the process.
One of the standout lessons was the importance of proactive prevention. It’s not enough to have policies in place; it’s about fostering a culture of respect and equality within the workplace. When employees feel genuinely valued and respected, issues are less likely to surface in the first place. Prevention truly is worth its weight in gold.
Then came the realization that fair procedures are the bedrock of any effective complaint resolution process. The investigations must be thorough, impartial, and swift. This ensures justice for all parties involved and maintains trust in the system.
Education emerged as a key component. Many employees, I discovered, weren’t fully aware of their rights or what constituted harassment. Educating the workforce about these critical matters proved to be pivotal. Knowledge empowers individuals to recognize and report inappropriate behaviour, fostering a safer working environment.
Perhaps one of the most resounding lessons was the unequivocal stance against retaliation. It was abundantly clear that employees should feel safe and secure when
coming forward with complaints. Fear of repercussions should have no place in such a scenario.
And then there was the understanding that gender equality isn’t the sole responsibility of one gender. It’s a collective effort that requires both men and women to champion equality in the workplace. Everyone must play their part.
Lastly, the journey underscored that workplace compliance and gender equality are not one-time achievements. They demand continuous improvement. Regularly revisiting and enhancing policies and practices is the key to creating a better work environment.
In summary, serving as an External Member of an Internal Complaint Committee of an organisation is a profound experience that reinforced the significance of active commitment, empathy, and an unceasing pursuit of improvement in creating a truly inclusive and safe workplace for all. It’s a journey we should all embark upon together, because, in the end, it’s about justice, respect, and equality for everyone.
Your expertise includes Commercial Litigation and Corporate Compliance. Could you provide insights into the intersection of these two areas and how they impact businesses in today’s legal environment?
Commercial litigation and corporate compliance—it’s like a dynamic dance, and let me share some insights into how they tango in today’s legal landscape:
Risk Mitigation: Picture this as your shield in the legal battlefield. Strong corporate compliance practices are your first line of defense. They’re all about making sure your business plays by the rules and stays on the right side of the law. Why? Because when you’re compliant, you’re mitigating the risk of legal disputes. It’s like having an insurance policy against lawsuits.
Dispute Resolution: But hey, life’s not always a smooth sail. Disputes happen, and when they do, your compliance practices and records can be your knight in shining armor. They’re crucial in defending your actions and minimizing any potential legal liabilities. It’s like having a well-prepared strategy for a chess match.
Contractual Compliance: Ever heard the phrase, “It’s all in the fine print”? Well, in commercial litigation, it often is. Many cases revolve around contractual disputes. So, if you’ve diligently adhered to your contractual obligations, you’re in a much better position to steer clear of litigation storms. It’s like ensuring everyone’s on the same page.
Regulatory Changes: The legal landscape is like a moving target—regulations change, and they change fast. Staying updated on these changes and adapting your compliance practices accordingly is like navigating a constantly shifting maze. It’s a must to reduce the chances of legal headaches down the road.
Reputation Management: In today’s hyperconnected world, your reputation is gold. Effective compliance and litigation management are like your guardians of
reputation. They not only keep you out of trouble but also safeguard your company’s image. And in business, that’s priceless.
So, there you have it—commercial litigation and corporate compliance, two sides of the same coin in today’s legal arena. Together, they help businesses thrive while minimizing the legal hiccups that can trip you up along the way. It’s all about keeping the dance smooth and in harmony.
You have experience representing clients before different courts and forums in Delhi NCR. Can you share some valuable tips for young lawyers on effective courtroom advocacy and client representation?
Absolutely, I’d be happy to offer some practical advice for young lawyers when it comes to effective courtroom advocacy and client representation:
Thorough Preparation: Before stepping into the courtroom, invest ample time in thoroughly understanding your case, including the legal aspects, relevant precedents, and the key facts. Anticipate potential arguments from the opposing side, and be ready with well-researched counterarguments.
Confidence and Professionalism: Maintain a confident demeanour while always upholding the highest standards of professionalism. This includes how you interact with both the court and your clients. Confidence can inspire trust in your clients and convey competence to the court.
Effective Communication: When presenting your case, aim for clear and concise communication. Avoid using legal jargon that might confuse your clients or the court. Ensure that your client fully comprehends the proceedings, and be ready to explain legal matters in plain language.
Active Listening: Actively listen to your client’s concerns and questions. Keeping your clients well-informed about the progress of their case is vital. Address their queries promptly and provide updates on the developments in their legal matter.
Adaptability: Be flexible in your approach. Legal proceedings can take unexpected turns, so always be prepared to adapt your strategy and arguments if the circumstances change during the case. This flexibility can be a key asset in achieving the best possible outcome for your client.
Ethical Practice: Uphold the highest ethical standards in all your interactions and actions. Your reputation for integrity is one of your most valuable assets as a lawyer. Always act in the best interests of your clients while adhering to ethical guidelines and professional conduct.
Mentorship: Seek out experienced lawyers who can serve as mentors. Learning from their insights and experiences can be incredibly valuable as you navigate the complexities of legal practice. A mentor can provide guidance, share practical knowledge, and help you grow as a legal professional.
Remember that effective courtroom advocacy and client representation are skills that develop over time with experience and continuous learning. Stay dedicated to honing these skills, and you’ll be better equipped to serve your clients and achieve success in your legal career
When it comes to dealing with the Companies Act, 2013, I’ve seen firsthand how it can get pretty complex. Businesses often encounter some common challenges, and here’s my take on it:
Regulatory Changes: This act is like a chameleon—it’s always changing its colors.
Frequent amendments and updates keep rolling in, and businesses need to stay on their
toes to keep up. It’s like trying to catch a moving target.
Corporate Governance: Proper corporate governance is crucial, but it’s not always a walk in the park. It involves things like making sure board meetings are held as required and disclosures are made accurately. Sometimes, it feels like juggling multiple balls in the air.
Financial Reporting: Ah, financial reporting! This one’s a classic challenge. It’s not just about numbers; it’s about getting them right, auditing them thoroughly, and filing them on time. It’s like a high-stakes game of financial precision.
Related-Party Transactions: Compliance with regulations on related-party transactions can be quite a puzzle. It’s a delicate balancing act, and one wrong move can lead to trouble. Managing these intricacies is key.
Compliance Documentation: Let’s not forget about the paperwork. Maintaining meticulous records and documentation is critical. It’s like building a paper trail that stands up to scrutiny.
So, how do I lend a hand to businesses dealing with these challenges? Well, I like to be proactive. I offer compliance solutions that are ahead of the curve, conduct thorough compliance audits, and provide guidance that helps businesses navigate the Companies Act, 2013, and all its intricacies. It’s all about making sure they stay on the right side of the law while they focus on their core operations
Finally, for fresh graduates aspiring to pursue a career in law, what advice would you offer based on your own experiences and growth in the legal field?
To fresh graduates with dreams of embarking on a legal career, I’ve got some advice based on my own experiences and growth in the legal field:
First and foremost, nurture a true passion for the law and a steadfast dedication to the pursuit of justice. Trust me, it’s this passion that will be your unwavering ally when you face the inevitable challenges along the way.
Secondly, you have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving. So, make a pact with yourself to be a lifelong learner. Stay curious, stay hungry for knowledge, and keep an eagle eye on
legal developments, including the latest case law and legislative changes. This knowledge is your secret weapon for excelling in your practice and serving your clients with excellence.
Finally, I could not stress more on the power of connections. Take the time to build relationships within the legal community. It’s not just about collecting business cards; it’s about forging genuine connections with fellow lawyers, mentors, and seasoned practitioners. These connections can work wonders, opening doors to exciting opportunities and valuable mentorship that can fast-track your journey in the legal profession.
Remember, the path you’re embarking on is both challenging and incredibly rewarding. With passion, continuous learning, and a well-nurtured network, you’ll not only navigate this path but also thrive in the world of law. Best of luck on your exciting journey ahead!
Please tell us a bit about your background and how you ended up becoming a lawyer? Your journey seems to have some interesting twists, from your involvement in sailing to your legal career.
The way I went down into the legal career is quite unconventional. In fact, the very reason I decided to become a law student is sailing. I can already “hear” saying: “what sailing has to do with the legal career?”.
Here is what.
At the end of high school, I wanted to become a doctor and in Italy a preliminary test must be taken and passed for registering with the faculty of medicine. When I finished high school that test was scheduled for September 1st. I was due to take such a test until, towards the end of June, I learnt that I was selected for the Italian sailing team to take part in the Junior World Championship to be staged in Poland during the last ten days of August. Sailing was (and is) my life passion: I saw a dream I fought so much for becoming true: I had no doubt, and I chose sailing. Evidently, I was not bound to become a doctor! When I came back from Poland I, somehow, figured out that law was my future.
You mentioned that you come from a family where law wasn’t the traditional path. What drew you towards the legal profession, and how did you navigate your way into the field?
As I said above, I think it was my destiny that drove me into the legal profession.
I think that I was lucky, at the beginning, to find a boutique firm with the right mentor who took me by hand and introduced me to the profession both with day-by-day tasks and with the involvement in complex files and matters, always as if I was the person in charge (this helped to develop a very high sense of responsibility which I now cherish a lot, not so much back then!). He also gave me the chance to interact directly with the clients: I reckon that this does not happen often, especially in large size firms, but I now can say that it was extremely important in learning to have a good and balanced relationship with the clients.
Then I guess it was very much, on one side, my complete dedication, no matter what, to clients and matters/files I dealt with and, on the other side, the constant attention to my education whether in specific law matters/subjects (taking courses, lessons, seminars, every now and then) or about other skills such as personal development (coaching, language). At the end of the day, it has always been my belief that the most important part of one’s career is the beginning.
In all this, I guess I had a tremendous support from my parents and from my wonderful wife: they have always supported me in my aim to develop my career and to improve, to strive for the best.
Your professional experience spans across various law firms, and you’ve been involved in a wide range of sectors. Could you share more about your decision to work in boutique law firms and your approach to customization in your legal practice?
I guess that, again, the destiny shaped the initial part of my career: the start in a boutique firm gave me the opportunity, since day one, to take care of a variety of matters, in the most diverse industries, with a bespoke flavor: nothing pre-prepared, no standard draft or part of it, no standard approach. This is what I liked the most and made me want to stay, almost my entire career, in the same environment (boutique firm).
And in addition to that I am an emphatic person, which is seeking for “personal” relationship in which, whether they are clients or colleagues, the other can feel being special, the one and only to be taken care of, with attention and kindness. After all, who does not like that? I therefore thought that it wanted my clients to feel that way. Given my clients’ appreciation during my entire career, it must have been a good idea!
Your firm, de Bedin & Lee®, is the first Italian/Hong Kong firm in Italy. Could you elaborate on how this partnership came about and the benefits it brings to your clients and the legal industry?
Again, I think that it all went down, at least, at the beginning, to a personal relationship I developed with Claudio de Bedin, a mentor for me, both in my personal and professional life. I met him, with my wife, in Hong Kong in 2005 on my way back from Rizhao (a coastal city in the Shandong province) where I attended, in my capacity of President of the International 470 Class Association (the association of all sailors competing in the Olympic boat named “470”), to the 470 World Championship, the first ever to be staged in China. Claudio, although Italian, was born and raised in Hong Kong, and practiced there for all his life. I believe that we connected since the first time we met, I certainly did for his is an amazing professional and person. We remained in touch at a personal level, and, after some years, he involved me in some cross-border cases. In 2019, we decided to bring that relationship to the next level, becoming the first Italian/Hong Kong firm in Italy.
I believe that the benefits we bring to the table is the combination of expertise, from an Italian perspective (which is one of a civil law country) and from Hong Kong perspective (which is one of a common law country), the mix of efficiency and pragmatism of a Milanese firm and the dynamism and modernity of a Hong Kong one. For Italian and Chinese clients, as well as for foreigner clients of the firm, it is invaluable to have such a diverse, and yet well amalgamated, mix, where the cultural aspects are the key for better understanding them and their needs.
Your areas of expertise include contracts, corporate matters, data protection, M&A, real estate, and sports law. How did you manage to develop such a diverse skill set, and what advice do you have for young lawyers looking to specialize in multiple areas?
The expertise I acquired in such diverse areas was not a result of an express choice, it rather came from the fact that I always worked in a boutique firm, where it is normal to take care of a wide variety of cases, situations. in different industries. With the clients relying on the personal relationship and on my attitude, they want me to go deep into it. Working in multiple areas is interesting, stimulating, never boring, but also demanding as it always requires a lot of studying, researching, investigating.
To be honest, although I see the diversity of the areas I have worked and I work in, I also believe that, given the type on my clients (mainly corporations), those areas are all intertwined: the life of a company is marked by contracts, in corporate matters (they, also, require “contracts”), in M&A deals (again, they require “contracts”), in real estate matters (once again, they require “contracts”), and so on.
If I learnt a lesson in my professional life, that is to find what you like to do, what gives you satisfaction (and for that you have, at least, to go down different patterns!), then be conscious that you cannot do everything when it comes to your table.
You’ve had an impressive involvement in both corporate law and sports law. Could you share some of your experiences working with international clients, including listed companies and those in the sports industry?
Well, it is always difficult to single out some of the working experiences one had, because a lot of them are worth sharing, including for the lessons I learned.
One goes back a few years, and it is about a quite big M&A deal my firm took on. It was for a foreign company, listed in their country, which acquired wind power plants in Italy worth around a billion (the total enterprise value of the deal). It was massive, for a boutique firm like ours, which required working, literally around the clock, 24/7, for more than 6 months, from the due diligence to the negotiation of a very complex sale and purchase agreement. I learned so much, in term of negotiation skills, interaction with clients, colleagues and counterparts, but also, do not be surprised, on personal health side: one must always find time for taking care of his/her body/health because when one is under pressure of workload/deadlines, when one is under stress and shall work long hours, the body is a big ally: the fitter, the better. It might sound strange as our profession is performed while sit at a table, in front of a computer! But, trust me, it is not strange.
The other is recent (2023), and it is about a very complex arbitration on a highly sensitive sport matter, which also had great “political” implications. Working alongside very experienced, world renown and talented professionals, either as my fellow arbitrators or as parties’ lawyers or consultants, was very demanding but also motivating and, at the end of the day, very rewarding. In this case, I was reminded to never lose focus on what really matters (from the legal point of view), especially with hundreds/thousands of pages: sometimes the solution is very simple and it is there, right in front of your eyes.
Your passion for sailing is evident from your impressive sporting and management career in the field. How did your background in sailing influence your approach to law and management?
While I am not sure my career in sailing was as impressive as you kindly defined, I am definitely sure that sailing has shaped my character and my attitude: if I became the accomplished and resolved person I am now, it is largely due to my athlete’s career: I experienced the fatigue and the sacrifices, the pains and the joys, the frustrations and the rewards, I learnt to work in team, to focus on what matters at any given time.
In sailing I learnt the lesson that has been the fil rouge of my life: to never give up (I retired from sailing competition only on two occasions, when my boat suffered serious incidents … one being the falling of the mast!). Never, means never, even when you are exhausted, when you do not see any solutions, when everyone else walks away … that is the moment when you can make the difference. In the legal profession that could mean sometimes to try a different angle, to keep negotiating with your counterpart or to research once more among the cases of law.
I recall a long-distance race on a lake, many years ago. Towards the end of the race, we were in second position. There was a very light wind, the water was almost a “mirror”. The first boat was around 200 meters from the finishing line, stuck with no wind but, nevertheless, closer, much closer, to winning the race than us (we were around 1,5 thousand meters from the finishing line). Believe me, nobody could, in his right mind, seriously think that the first place was still up for grabs. Well, with the persuasion of a very experienced older sailors on our boat, we never gave up in searching the smallest, even insignificant, puff of wind, in reading all the signs one can spot on the water or in the surroundings, and after an exhausting hour and a half, during which, I remember, I could almost physically feel the power of the focus of our minds, in the same light wind … we crossed the finishing line in first position, just few seconds ahead of that boat.
Life has plenty of episodes that may resemble the one I have just mentioned: it is up to us to understand how … never give up!
You’ve held significant positions within the sports industry, including with World Sailing and the International Paralympic Committee. How do you believe your experience in sports management has contributed to your legal career and vice versa?
The positions I held, some of which I am still holding, with several organizations – such as sailing club, Olympic boat association (International 470 Class Association), the world governing body of the sport of sailing (International Sailing Federation, now World Sailing) and the International Paralympic Committee – gave me the chance to grow on the “cultures” side.
I mean when one talks to people coming from complete diverse cultures, from all over the world, one has the occasion to learn how they behave, think, speak, interact, and, why not, eat and drink, and then how one should approach them, talk to them, interact with them, what can be said and what cannot be said, what can be done and what cannot be done. It is a constant exercise which, again, requires dedication and even more a genuine desire to learn about the others, to understand them. Once you learn about them, once you understand them, anything can be achieved. Apply that attitude to the legal profession (whether one has foreign clients/counterparts/colleagues or not, it doesn’t really matter) and I believe that there will be a successful lawyer, who will be able to better understand the clients, their needs, the counterparts and their needs, the colleagues.
On the other side, my legal experience certainly was beneficial for the organizations I served and serve, as I brought to the table the skills of analysis, focus on the goal, effectiveness, and assertiveness, together with my personal calm and kind attitude, learnt and perfected in my profession.
It’s clear that sports played a significant role in shaping your character and values. How have the lessons you learned as an athlete and sports manager translated into your legal practice and leadership roles?
I have already mentioned the “never give up” lesson, resilience.
The other one is “always play by the rules”, no matter what, even when you see others not doing the same, even when it could be easier to take a short cut. Sport is about beating the opponent, on the same ground, with the same rules, just playing better, smarter, wiser, faster, and so on. The (legal) profession is the same, in my opinion: at the end of the day, disobeying the rules, choosing the shortcuts do not pay for anyone, not for the client, nor for the professional, nor for the community, neither for the society/country. And, deep down, it leaves you with the feeling of having been on the wrong side (even if you win), that is just where a lawyer should never be … after all, aren’t we lawyers swearing (at least, I did it my country) to act “in accordance with the means and principles of our legal system”?
Your journey from being the first lawyer in your family to becoming a successful legal professional is inspiring. What advice would you offer to fresh law graduates who are just starting their careers and are looking to make their mark in the legal field?
I do not like to give advice, I rather prefer to tell stories, my stories and if anyone can get something, learn something from those stories I am happy.
I, therefore, want to finish with a true story that happened in Milan which has been a lighthouse in my career.
One day, a client, a very wealthy one, an entrepreneur, asked for an urgent meeting with his lawyer as he had a very pressing matter to deal with. Once the client entered the lawyer’s office erupted into tears, as the matter was serious, one that could really bring his business to an end (it was an insolvency matter). The client and the lawyer discussed the matter at length, and, after a couple of hours, the client left the office, at least not in tears anymore. The evening of the same day, the lawyer went to the famous La Scala (world renown theater in Milan for opera, ballet, and orchestras); as soon as he entered the foyer, he spotted that very same client, enjoying the company of his friends, laughing with them, having fun with them, and talking about the summer holidays. The lawyer could not resist and, after around 10 minutes, approached the client and, after having walked away from the crowd, he asked: “Weren’t you so desperate, in my office, less than 3 hours ago? Has the matter we discussed disappeared? Has anything happened that I do not know? Because I do not really understand how you can enjoy so much with such a serious matter pending over your head like a sword”. The client, with a big smile: “My dear, my dear, you know that I completely trust you, with all my fibers. Now that I have put the matter into your hands, it is not my problem anymore, it is yours. That’s why I am enjoying it so much as you saw”.
Aim at being like such a lawyer and you will live a full, happy, meaningful, and fulfilling professional life (and personal). I aimed at being like such a lawyer. I think I have been like him, in several cases for sure. I can sincerely say now that I have had, so far, a full, happy, meaningful, and fulfilling professional life.
Can you please share the story of how you embarked on your journey in law, from your days at National Law University to opening your own law firm, ‘YHprum Legal’ and establishing your practice in Delhi being a first-generation lawyer?
To start with, I come from a family of engineers and pursuing law was never a consideration during my school time. However, on advice of a family friend, I visited NLU Jodhpur and from there I was intrigued in law (as a probable career option), in the year 2006. I was enthralled by the environment & culture of NLU and after contemplating possible future opportunities in the field of law, decided to appear in the law entrance examination.
At that time, in the pre-CLAT era, each NLUs conducted their own entrance examination. Hence, I appeared for the entrance exams and got selected in the Rajiv Gandhi National University of Law (RGNUL), Punjab in the year 2007 for a five-year integrated B.A., LLB course.
Speaking of initial days at Law school, I must say that it was a whole roller-coaster, from studying different branches of law to participating in Moot court competitions, to preparing research projects and multiple seminar presentations to then applying for internships! With so much to do and learn, those five years went by in a flash and shaped my personality in a way that changed my perspective towards life.
After completing the Law in 2012, I was selected for a prestigious Judicial clerkship in the Supreme Court of India, wherein, I was assigned to the office of HMJ Dipak Mishra (Former Chief Justice of India). While working for the Bench at the highest level for a considerable time-period, later on, I decided to join the litigation and joined the Chamber of Mr. Gopal Jain, Sr. Advocate, Supreme Court of India, as litigation associate thus embarking on my journey in the field of litigation in Delhi.
Being a first-generation advocate and an outsider for Delhi legal circles, I was also inclined to join a Tier-I dispute resolution firm in Delhi for financial stability and professional growth, just like every second lawyer.
The thought of going independent, establishing my own law firm was intimidating and a distant dream at that time. But destiny had different plans and the path was already chosen for me!
After learning some basics of law & litigation at the Chamber of Mr. Jain, I started my independent practice before the Supreme Court, Delhi High Court, and various other tribunals for a few months with limited financial resources, zero clientele at hand and without any support or mentors. As a first-generation advocate, had his own share of struggles and difficulties, and it takes a whole lot of perseverance to survive the initial turbulent years of independent litigation practice.
The only strength that kept me going through that period was the consistent support of my colleagues from the Bar and my law school batch mates and friends, who were practising before different courts across the country and referred briefs to me in Delhi.
I was well aware that starting and running a law firm is not without its challenges, including competition, financial considerations, administrative responsibilities, and the need for marketing and business development.
After gaining some experience as an independent litigator, I, along with my colleague, Akanksha, decided to launch our Law firm, ‘YHprum Legal’, which means “Everything that can work will work”, it is ‘Murphy’ spelled backwards. The motive behind this move was to provide personalized, client-centric legal services, wherein, we can have client-focused practice that prioritizes individual needs and attention, with our expertise.
You’ve had a diverse legal career, working with prominent legal professionals and in various areas of practice. Could you highlight a few pivotal moments or experiences that significantly shaped your legal career?
I must admit that I did not choose the brief/case or court, they were referred to me and I accepted them all with a challenge to perform to the best of my ability.
All the briefs/cases that came my way were from different branches of law. As an independent litigator, you don’t really have an option of choosing the briefs or the area of practice. Fortunately or unfortunately, since the beginning of my litigation career, I had the opportunity to appear before different courts and forums, i.e., Supreme Court, Delhi High Court, and district courts, NCDRC, TDSAT, APTEL, CERC, NGT, NCLAT, NCLT, Arbitral Tribunals etc.
Appearing before a specialised Tribunal, such as APTEL, TDSAT, NCLAT & NGT, helped in expanding my horizon and understanding of the subject matter.
Highlighting a few cases that played a significant role in shaping my diverse legal career, naming a few of those, are as follows:
One of the intense legal battles that I was part of, TDSAT, was hearing AGR dues case wherein all the telecom companies challenged the validity of levy of license fee by TRAI, which was ultimately decided and settled in the Supreme Court. This intense legal battle has made me understand the nuances of telecom law.
Another case pertained to cancellation of AIPMT due to large scale irregularities in which a historical judgement was delivered by the Supreme Court by cancelling the examination on our plea.
Then, a large-scale irrigation project in the state of Telangana was also challenged by us due to violation of various environmental norms before the National Green Tribunal and subsequent to the Supreme Court;
I had the opportunity to work on the Ansal brothers (Uphar cinema fire) case, on quantum of sentence before the Supreme Court along with legal tycoon, Late Sh. Ram Jethmalani, the case preparation had forced me into sleepless nights.
In the Supreme Court the national newspaper were faced with contempt proceedings for non-implementation of Majithia wage board recommendation, wherein, we had to justify the non-action by the client and difficulties to implement to the committee report ;
I had been part of numerous mining lessees matters under the MMDR Act arising out of the state of Goa, wherein, the State Govt. had terminated the lease deed of various mining lessees due to non-compliance of Supreme Court direction in the landmark Goa foundation judgement.
Post cancellation of Coal blocks by the Supreme Court, various mining lessees had to fight hard for deemed renewal under Section 8A of the MMDR Act in various High Courts i.e. Delhi, Odisha and Jharkhand.
Recently, we were representing home buyers before the Supreme Court on application of MOFA Act and RERA in relation to deemed or blanket consent for additional structure to be constructed by the Builder.
One of the highly contested litigation is the effective implementation of All India Quota in PG courses for AIPMT/NEET aspirants, which we keep doing as and when the situation arises.
The above list is just an indication, wherein, the dispute or the judgment had made significant impact by laying down legal principles of constitutional importance.
As the founder and managing partner of ‘YHprum Legal’, you handle a wide range of cases, including arbitration, civil and criminal litigation, and commercial disputes. Can you tell us about a particularly challenging case that you’ve worked on and the lessons you learned from it, especially during COVID time?
The firm was founded in the most turbulent times that the world was seeing at that time, the COVID Pandemic. Due to the national lockdown wherein the courts were also shut, we were facing a complicated and unimaginable situation, the Indian Courts were embarking a new tech-era through virtual hearings and e-courts across the country.
Our advisory work during lockdown increased exponentially, wherein, we were answering numerous legal queries regarding the effect of lockdown on the clients’ cases and business. The notifications issued by RBI for moratorium and by local governments in relation to rental payments and employee payments required interpretation by the Courts. All pending arbitration were made virtual or adjourned indefinitely. The limitation period was extended by the Supreme Court. There was a sudden death in regular appearances due to adjournments and sudden fall in fresh matters filing.
It became difficult to get relief in regular pending matters due to non-listing. We had multiple arbitration proceedings pending at various levels in different courts or arbitral tribunals and clients were getting restless due to decline of urgent hearing or relief by the Courts. It took a while for us to settle down and make peace with the lockdown and its aftermath.
The Supreme Court passed an order for the release of under trials which created havoc across the country for the execution. We had to approach the Supreme Court through IA for implementation of the order in favour of our clients due to reluctance shown by the local authorities and Courts. Due to a sudden health emergency, we had to approach different Courts for regular and anticipatory bails for our clients, which at that time was a herculean task. Our existing clients were seeking legal opinion on application of force majeure on a daily basis. All physical meetings shifted to virtual meetings, which now have become a norm in our office.
The ever-changing regime of arbitration has become a major challenge for all of us. Every day the Courts are coming with different judgments with reference to interpretation of the Arbitration act provisions. The recent Constitution bench judgment on the stamping of the arbitration agreement and followed by a detailed judgement of Delhi High Court in the NHAI case had changed the scenario overnight. The IBC, 2016 being a new law is getting a makeover on a daily basis, which has become a different game altogether.
Representing homebuyers, post the enactment of the RERA, IBC and new Consumer Protection Act, 2019 had caused unwarranted confusion among the homebuyers about their status and forum hunt for appropriate relief. The Supreme Court judgments on anticipatory bail have no universal application and each bench has their own set of rules and consideration, which put the advocates in a perplexing situation to make clients understand if bails are getting rejected by the SC. A new phenomenon of putting strange bail conditions in matrimonial matters is making our work harder to get relief for our clients.
Each case has its own merits and demerits, and we are learning with each brief that is coming to us. In my more than eleven years of journey into litigation in Delhi, every appearance has been a learning experience, though sometimes we won our battle and sometimes lost it. But each brief leaves memory and is an experience, which motivates us to work harder, smarter and faster making survival possible in this continual race of successful litigators with client satisfaction.
In addition to your legal practice, you also serve as a judge for international moot court competitions. How has this experience influenced your perspective on legal education and advocacy?
During my law school, I had participated in a few moot competitions in which I played the role of a speaker as well as a researcher. I then realised that being a speaker in the moot competitions is not really my cup of tea and I was more comfortable in research & drafting. However, as an advocate, although initially I was hesitant to judge the moot competitions but eventually started enjoying the whole process of interacting with the participants and guiding them further. I had the honour to judge the international rounds and national rounds of the Jessup moot competition multiple times. I have now participated almost in every international moot court competition either as an arbitrator or judge viz., Willem C. Vis Moot (Vienna & Hong Kong), ICC trial, Frankfurt Moot, FDI Moot, Cross Examination Moot and various pre moots across continents.
During my journey as a judge for various international moot court competitions I had learnt various aspects of international law, commercial arbitration, investment law, international criminal law etc. Due to my extensive representation in different international moots, I am receiving multiple requests for support and assistance as a coach by different law (domestic and international) schools regularly, thereby complying to most of the requests.
I firmly believe that participation in such competitions is necessary for the law students during their law school because it would eventually help them in preparing for the art & craft of advocacy.
I think Indian legal education needs a revamp to realise the current reality and the same cannot be restricted or limited to bookish knowledge. The new emergent legal regime such as crypto currency, bitcoins, data protection, sports law, privacy law, AI, online ADR and emerging new technology needs to be taught in law school as part of their curriculum. The legal regime is changing with the speed of light and therefore, the law schools also need to catch up with the same to be at par with the real-time advocacy.
Your practice covers a wide array of areas, including constitution, arbitration, commercial disputes, and more. Is there a specific area of law that you find particularly fascinating or challenging, and why?
As you rightly mentioned, I have a whole diaspora of practice while appearing for my clients before various courts and forums. As I stated earlier, I had not selected my cases or had the privilege to select my clientele, therefore, it is very difficult to now admit or say which branch or specific area of law I find fascinating. But I can now confess, my most favourite part is appearing before the Supreme Court.
In the Supreme Court, the advocates are like all-rounder players who draft a wide range of petitions i.e., special leave petitions, writ petition, transfer petition, arbitration petition, civil and criminal appeals and sometimes contempt petition and review petitions.
To answer the question, commercial litigation before any Court or Tribunal fascinates me as I find it exhilarating. Now after spending a good number of years in litigation, I had realised that arbitration matters, IBC related matters and disputes arising out of special laws i.e. RERA, Electricity Act, Telecom Law, and Consumer Protection are always challenging.
You’ve represented clients in various high-profile cases, including matters related to home buyers, sexual assault victims, and constitutional validity. Could you share some insights into the strategies and approaches you employ in handling such sensitive cases?
The term ‘high-profile’ cases has no meaning in actual litigation. Every case is high profile for us. Our work strategy or approach is not different due to involvement of a high-profile individual or big amount. I had recently, represented a victim of gang rape before the Supreme by filing cancellation of bail application. The details of the case had shocked our conscience. We were shocked to see that the identity of the victim is disclosed everywhere by the local authorities, Trial Court and the High Court. We had to seek specific direction from the Supreme Court to redact her name from all court records.
Introduction of RERA and IBC has changed the legal scenario. While appearing in RERA, we had a different strategy in place if a case needs to be filed in UPRERA or HRERA. We prepared a ‘to do’ chart from filing till final grant of relief. The orders of RERA are paper decree and need special litigation strategy for enforcement, sometimes by approaching the High Court. We are representing home buyers under IBC, at different stages of the Insolvency before various NCLTs. The Supreme Court, post Judgement in Amrapali and post constitutional validity of the IBC, had settled law to certain crucial issues in favour of the home buyers, which eventually led to multiple litigation also. The challenge to constitutional validity of CAA is still pending in the Court, therefore, it would be difficult to divulge into that in more details.
There is no specific strategy or approach while handling sensitive cases. The facts speak for themselves, we make sure all facts are verified through documents and correctly represented in our drafts before filing. Our work is very client centric, wherein, we update our client about regular court proceedings as well our line of action. We believe that the client is first & foremost and it is ensured that the client is heard properly and advised as per law, to the best of our ability.
As a writer and columnist for legal publications, you have a keen interest in legal commentary. Are there any current legal issues or trends in India that you find particularly noteworthy and would like to share your perspective on?
I am quite inquisitive about the Supreme Court Judgements and make sure that in my free time I read them and if possible, share my views through social networking or by writing articles or commentary.
The recent development in the arbitration law is worrisome and will work against our country’s official position of being an arbitration friendly nation. The judicial interference or intervention in arbitration matters especially in Section 34 and 37 proceedings needs a revisit by the legislature.
At times, the Supreme Court judgements/orders are contrary to already settled legal positions and passed by ignoring the previous precedents which is a dangerous proposition.
The decision of the Constitution bench in the demonization case had set a wrong precedent by going against the settled legal position in relation to RBI’s power and involvement of the Central Government by announcing the same in hurry without any application of mind.
The Maharashtra CB Judgement had failed to lay down any legal position and indirectly supported and gave a stamp of approval for dethroning an elected government by money power.
I firmly believe that the State should not enter into the personal space of an individual and privacy must be respected as per the scheme of the Constitution.
The Supreme Court refusal to hear cases of individual liberty and matters of national importance has created a doubt on authority of the Court. I feel that the Supreme Court cannot be a CJI centric Court and the administrative side also needs to be run through a consultation process of the senior most judges. The ‘Master of the Roaster’ power given to the CJI must be reviewed and individuals cannot be given an absolute power, which can compromise integrity of the Institution.
I must laud the various measures taken by the current CJI DYC for making the court more litigant centric and approachable for a common man. The virtual hearing needs to be made permanent and not optional on behest of the Court. The litigant and advocate must be given the right to choose how they want to appear in the Court.
The enactment of the Mediation Act and Digital Protection Act and establishment of different arbitration centres across the country is a welcome step in the field of law.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are starting their legal careers, especially those interested in litigation and dispute resolution?
I consider myself as a student and try to learn everyday through different modes. Despite spending a considerable time in litigation and dispute resolution, I still go to the Court just to hear the arguments of the Counsel, whenever some important matter of national or constitutional importance is going on. I had also enrolled myself for various mentor mentee programs offered by multiple platforms. I interact with law students and share my experience with them by telling do’s and don’ts before entering litigation with my little experience.
In today’s AI centric world, the legal profession is also not immune from its impact. Adoption of technology and usage of social networking is a key to survival for a better future to all those who are planning to enter this profession. Young lawyer’s must do networking and interact with their seniors and colleagues in the profession for guidance.
All those who are planning to enter litigation as a first-generation lawyer or an outsider, start networking from college days itself and try to get internships from those places wherein you seek future opportunity post law school. Get accustomed to technology and AI and try to be updated with the latest legal news around you. If you are curious and patient, you will surely survive in this profession.
I feel that Delhi as a place for advocates is full of opportunities and there is work for everyone, even though the competition is tough, the best will survive and grow gradually. Patience, perseverance, optimism and inquisitiveness are the key factors for survival in the litigation.
Lastly, considering your diverse legal background, what are your future aspirations or goals in the field of law, and how do you plan to continue making an impact in the legal profession in India?
We are growing gradually with help and assistance from all our well-wishers. Our aim is to continue making a difference in people’s lives through our legal work and assist all our clients to get them appropriate relief effectively.
I am planning to continue my contribution to legal education and advocacy by teaching law students in law schools and writing on legal issues to advance knowledge and promote legal research and writing.
I will continue to promote alternative dispute resolution (ADR) as an alternative to resolving issues through mediation and arbitration which can help reduce the burden on courts and promote quicker, cost-effective resolution of disputes for everyone.
I am a firm believer of sharing legal knowledge by teaching and mentoring law students and young lawyers which will ultimately help shaping the future of the legal profession.
Can you please share the story of what initially drew you to pursue a career in law? Was there a particular moment or experience that ignited your interest in this field?
To begin with, I had no one in my family who was a lawyer or who I could look up to for guidance in terms of a legal career. I’m a first generation lawyer who like most regular students was preparing for engineering at a point in time. It was only in class 12 when I realised that subjects such as Physics, and chemistry which were necessary for engineering were not my cup of tea. After finishing school, I just got an inkling towards Law so I started preparing for law entrance exams and happened to clear the entrance of IP University with a good rank so I decided to pursue B.A. LLB (H) from Amity Law School affiliated with IP University which was back then one of the top law colleges for pursuing law in India. And to this day, my passion in the field has grown every day striving to be the best in the field.
Your academic background shows a diverse range of legal coursework, from Criminal Law to Intellectual Property Rights. What led you to explore such a broad spectrum of legal disciplines during your education?
Throughout Law School, I had an inclination towards Intellectual Property Rights (IP). One of My internships during law school was at K&S Partners which is a boutique IP firm.
My internship at K&S laid the foundation of my interest towards IP by understanding the importance of the protection of IP in today’s era. Thereafter, I mostly interned in the field of IP in firms such as Lall and Sethi, Sai Krishna & Associates and Indus Law wherein, I got the opportunity to learn from some of the stalwarts in the field of IP. The experience gained during law school in the field of IP helped me secure a job at Lall Lahiri Salhotra (LLS) in their trademarks team where I learnt about the intricacies of Trademarks Law. However, I soon figured that this could not be my only area of practice and that my exposure could not be limited to the Trademark Registry. That in turn made me realise that I also need to explore other areas of law and especially litigation. I always had the zeal of appearing and arguing in court but being a first generation lawyer there was always an apprehension in the back of my mind about succeeding in litigation without any backing in the field whatsoever. After working at LLS for a year, I came across an opportunity at the Chambers of Mr. Sanjeev Bhandari (Former Special Public Prosecutor for CBI in Delhi High Court). I felt this was the right opportunity that would help me expand my horizon in law. Thereafter I was interviewed and I secured a job at his Chambers.
You’ve been actively involved in organizing legal awareness programs and events like the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Could you tell us how these experiences influenced your perspective on the legal profession?
My college life at Amity Law School was very theoretical and not very vocational. Soon I realised that I would need to participate in other events as well to broaden my horizon and exposure in law. In the first year, I reluctantly participated in the mandatory moot court competition where I was selected as an extra candidate in case anyone in the first fifteen backed out.
That competition made me realise the importance of extracurricular events in law students ‘ lives. Thereafter, I participated in the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Not only were the panellists some of the top names in the field of law but when I dwelled on the insights shared at such events, I realised that law is more than just the curriculum that we were studying. The objective of law is to take everyone’s interest into account without any bias to secure everyone’s rights. Later, in my practice, I keep that at the back of my mind while dealing with cases especially involving the marginal sections of society in mind.
Transitioning from your educational journey to professional experience, you’ve represented clients in various legal domains, including criminal trials, insurance claims, and intellectual property disputes. What motivated you to choose this diverse range of legal work?
My first job in the field was working as a contract consultant with Ernst and Young which was a direct college placement. It was a short stint that gave me a great insight into contract vetting and more importantly, that made me understand corporate culture which has been pivotal for me to deal with my clientele at Chambers of Jain and Kumar. Thereafter, at LLS working for MNCs, I understood the importance of right advisory, diligence and prosecution in the quest to protect their IP. Thereafter, at the same time, I also started feeling the need to broaden my horizon in law and not limit my scope to just Intellectual property rights so early in my career. Later working in the Chambers of Mr. Bhandari, provided me with a solid platform to learn about the complexities of white-collar crimes and banking laws from one of the best in the field. More importantly, I learnt the art of arguing in court and the importance of court craft while representing your Client’s brief.
The three jobs provided me with diverse experience to start my practice by the name of Chambers of Jain and Kumar with my other two partners Ms. Aarushi Jain and Mr. Yojit Pareek. We started this practice to build a full service law firm that could cater to all areas and aspects of law. Luckily, all three of us had different areas of practice coming from diverse practice backgrounds. I spearhead the litigation team in the firm wherein I represent MNCs, Corporates and Individuals in all domains of law in foras across the country up until the Supreme Court. The USP of our firm is to provide one stop solutions for all legal needs under one roof.
During your tenure at the Chambers of Mr. Sanjeev Bhandari, you were involved in complex litigations pertaining to a wide range of legal acts and codes. How did this experience shape your understanding of the intricacies of Indian law?
I owe a lot of my understanding of law to Mr. Sanjeev Bhandari. While assisting Mr. Bhandari, I was the only junior in his chambers. His Chambers provided me with the ideal platform to assist him in representing the Central Bureau of Investigation before the Delhi High Court in some of the most high profile cases in the country. That not only made me understand the optimal usage of time while preparing for a brief but also gave me the golden opportunity to appear against some of the stalwarts in the field. Also, with Mr. Bhandari being one of the leading counsels for banking law in Delhi, I got an opportunity to assist him in complex litigations before DRTs, High Courts and the Supreme Court.
You’ve also worked as an Associate in the Trademarks Team at Lall Lahiri & Salhotra, focusing on intellectual property rights. How has this experience impacted your perspective on the importance of protecting intellectual property in today’s world?
At Chambers of Jain and Kumar, one of our primary areas of Practice is IPR. In my tenure at LLS, while working on some of the well-known brands, I soon realised brand counterfeiting in India is a real issue that needs to be addressed. Today consumers in India with rising awareness relate to the brand and the quality that it brings along. However, to ensure that brand identity remains in place, the importance of IP in India has increased manifold in the last decade. In a developing economy such as ours, no small brand can become big without proper IP protection in place and no big brand today can survive without a good legal team that would advise on their prosecution, diligence and litigation.
In addition to your legal work, you’ve been engaged in pro bono activities, offering legal assistance to those in need. Could you share some insights into the motivation behind your pro bono work and its significance in your legal career?
We at Chambers of Jain and Kumar have a policy to do at least 5 pro bono cases every year. This goal was instilled in my mind back in time during my tenure with Mr. Bhandari working on criminal matters. On the criminal side in the Delhi High Court, I got the opportunity to observe cases of undertrials wherein I used to think in my head that if this particular aspect was presented in a better way, the results could’ve been different and therefore, probably better legal representation could’ve helped that person to protect his fundamental rights. This made me certain that at later stages of my career wherever possible I would try and represent the marginal section of society because law after all cannot be limited to people who can afford top lawyers. This was also one of the reasons that I applied for the Middle income panel on the criminal side of the Delhi High Court in my endeavour to achieve the goal of representing people who do not have the means but require quality legal support.
Finally, based on your journey from education to your current role, what advice would you like to offer to fresh law graduates who are just starting their careers in the legal field? What key lessons or principles have you learned that you believe would be valuable for them to know?
To all the first generation lawyers, one piece of advice that I always give is that the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. With laws changing every day in the form of new legislation and judgements, one has to keep abreast of whatever is happening daily and for that one must keep reading as much as possible to increase awareness which in turn helps to provide holistic advice to your Clients to represent your case in the best possible manner.
You’ve had a unique upbringing in Dubai, UAE, with a family history deeply rooted in the Gulf region. Can you share how your family’s background influenced your decision to pursue a career in law, especially given your early exposure to your mother’s law office?
I am the fifth generation rooted in the Gulf. My mother, with over two decades of legal practice in Dubai, paved the path in law for our family. My initial aspiration was mechanical engineering, driven by a deep passion for automobiles. However, due to my physics grades falling short, this dream was not achievable.
The idea of me becoming a lawyer was uncertain by my family and friends, as I lacked the skill of argumentation and experienced stage fright on major school events. Despite these doubts, I decided to study law in India.
During my third year of law college, I began interning with an independent advocate, exposing myself to the courtroom dynamics, which gained my interest in the legal profession, particularly in Mumbai. This transition was challenging as I found myself having struggles equivalent to a first-generation lawyer in Mumbai, whereas people till date do look up to me as a second-generation lawyer.
You’ve worked on a wide range of legal matters, from property and municipal laws to consumer and society laws. Could you tell us about a case or project that you found particularly challenging or rewarding during your career so far?
Throughout my career, I’ve encountered various challenging legal cases, each case is unique in its own way. Cases representing a Promoter/Developer in an application under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) before the District Deputy Registrar are challenging at times. These cases often presented intricate legal and factual complexities when opposing them. MOFA mandates a swift resolution within six months of filing, which can be very challenging at times as property laws, society laws and municipal laws have to be kept in mind. Section 11 applications under MOFA are conducted in a summary nature.
I vividly recall a last-minute briefing during the second lockdown, where I was assigned to represent trustees of a Public Trust in a matter listed before the Charity Commissioner the next day. The application sought suspension of trustees, and I requested a one-week adjournment. Despite the papers being voluminous and it not being an urgent matter keeping the pandemic in mind, the Tribunal granted time till the end of the day and kept back the matter, last on board. The bench felt that I shall prepare efficiently on such short notice. This wasn’t those types of matters where adjournments were sought by my clients or their erstwhile advocates.
When the matter was called out again, I strongly opposed and argued against the application for suspension of the trustees. As a result, the request for an interim suspension was denied and the order came in favour of the trustees.
That matter was challenging yet rewarding as today I am regularly briefed by the trustees before the Charity Commissioner and before the Hon’ble Bombay High Court.
Your work history includes being a Partner at Ajure Advocates & Co. and practicing independently. What led you to take on this dual role, and what advantages does it offer in your legal career?
Ajure Advocates & Co. is based in UAE which was founded by my mother. I manage the Firm’s operations in India. I decided to join the law firm to gain global exposure. I am working on attaining global presence.
There are several NRIs in the UAE facing legal concerns and disputes in India and it has been quite convenient for these clients to visit the UAE office and brief the lawyers there, who would further coordinate and brief me with their matters in India. This has proven to be quite efficient and also provided a level of confidence to the NRIs in UAE. This also works vice versa, as there are many clients here in India who have their branch offices of their companies or their properties in the UAE and other parts of the Gulf. They brief me with their legal queries and disputes for UAE and other parts of the Gulf.
Additionally, with regard to my work as an independent practitioner, my colleagues who either have independent practice or firm practice, brief me separately for their matters and I am thereafter able to attend to the same independently.
This dual role encourages connectivity on a global scale. During the pandemic, with the help of networking platforms and technology like Zoom, I got an opportunity to connect with lawyers all across the world.
As a legal professional with a focus on civil law and dispute arbitration, what strategies do you employ when helping your clients navigate complex legal disputes and reach favorable resolutions?
As a legal professional practicing in civil law and dispute arbitration, my primary goal is to always prioritize my clients’ best interests. In order to achieve this, it is necessary to hold conferences with the clients at the early stage of the dispute, to understand the specific outcome they require. Occasionally, during these conferences there is a disparity between the outcome expected by the client and the strategies advised by me. In such instances, it is important that I and my clients are on the same page. Ultimately, being on the same page with your clients is paramount in avoiding adverse orders.
After having conferences with the clients, I also hold brainstorming sessions with my team to determine the strategy, submissions and argument. While pleadings or written statements are being drafted, it is important to have the same drafted under instructions of the clients. I make it a habit to prepare written notes of submissions which includes dates and events in chronology form along with judgements relied. Written notes of submissions are quite helpful.
Additionally, credit also goes to the counsels appointed and my team of juniors who assist me in ensuring that the best outcome for our clients is achieved.
Your work history also includes a role as a junior counsel with various accomplished lawyers. How did these experiences shape your approach to legal practice and your eventual transition to becoming a Partner?
Every lawyer has a different and unique style of practice. Working with them has helped me grow as a professional. When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession. In fact, having the right guidance provides you with the confidence to make mistakes and learn from it in the process.
The seniors I had worked with were helpful. Needless to say, I learnt it the hard way which is best for the long run.
Practicing with an individual advocate not only boosted my legal knowledge but also helped me learn and understand how to operate your own firm. Working with a counsel was challenging when handling high-stakes matters or matters having issues on a law point where errors were not an option due to the close-knit legal community.
After working with such experienced seniors, it is not that I have become perfect in running my own firm or that I am a top notch lawyer today. I still make mistakes and am bound to make them. Today, at this juncture, being at this position, I learn from my own mistakes and make sure they are not repeated.
In your career, you’ve had the opportunity to appear before various legal bodies, from the Bombay High Court to the Debt Recovery Tribunal. Can you share some insights into the key differences and challenges you’ve encountered when practicing in these different forums?
Appearing before the Bombay High Court is different compared to appearing before the DRT, NCLT, District Courts, Family Court or Consumer Forum. A fresher can never start his practice directly before the Bombay High Court. Attaining experience by drafting, appearing and arguing matters before the District Courts and different forums is really needed. For instance, if you appear before the Bombay High Court in a matter pertaining to an Appeal from Order, challenging the impugned order passed by the City Civil Court, would be very difficult to practice it in the appellate side of the Bombay High Court unless and until you aren’t well-versed with the practice of District Courts. Similarly, matters before the original side of the Bombay High Court are of high stakes. Therefore, practicing before the Bombay High Court would not be easy until and unless and until you haven’t gained experience before the District Courts and different forums in conducting few matters.
When I started my practice with an independent advocate, I had the opportunity to appear before the District Consumer Disputes Redressal Commission. Gradually, I appeared before the State Consumer Disputes Redressal Commission. I further assisted my senior in one consumer complaint when he was arguing before the National Consumer Disputes Redressal Commission. Consumer Forums helped me gain confidence in my argumentation skills to appear before other Courts and Tribunals. Thereafter, I started with mentioning matters before the Bombay High Court after one year of appearances in District Courts and different forums which helped in increasing my confidence.
Finally, as someone with experience in personnel development and business administration within a law firm, what advice do you have for young lawyers and recent graduates looking to advance their careers and make a positive impact in their respective firms?
Law as a profession is very vast. Today, there are various law firms that have their specialization in different areas. Young lawyers can explore their opportunities depending upon their areas of interest.
Once associated with a law firm, avenues open to different sorts of exposure altogether. Working with their chamber colleagues ensures team work. This helps firms also as their clients are satisfied in the most effective manner.
My advice to young lawyers would be not to give up hope and just be patient even when things look bleak in their legal practice.
My advice to recent law graduates is to work hard, establish trusting professional relationships, and value ethics. The amount of time they give in this profession is their investment, which will give them great returns.
Law as a profession is growing. In the initial years, keep learning as priority instead of earning. Hard work always pays off.
Ma’am, please share with us how you first became interested in the field of law, and what inspired you to pursue it as a career?
I am a first-generation lawyer. So technically, there was no godfather figure to guide me or who I could look up to. Infact, I didn’t even have anyone in the legal fraternity in my immediate circle of friends and family. Law happened to me by fluke. I was pursuing Political Science (H) from Gargi (the course had a fair bit around constitution, international relations and jurisprudence) and during the final year, while all my colleagues were certain of their career path, I was so lost. I remember this friend of mine so kicked about pursuing law and sitting for entrances. Her enthusiasm, her passion, I think, in hindsight, inspired me to give it a shot. I just came home one fine day and told my parents I want to pursue LLB. I sat for the entrance exams at Jamia and Delhi University and as luck would have it – cleared both. Picked campus law centre at Delhi University and rest is history.
You have over 18 years of experience in M&A, private equity investments, and general corporate commercial law. What drew you to specialize in these areas within the legal field?
I probably chose corporate law over litigation because it offered economic/ financial stability very early in my career. Also, I was never inclined towards constitutional law, criminal law, evidence et al. Having said that, during my internships I did embark on a journey that involved exposure to various facets of law including litigation. But it was the corporate internships that always left a mark. The fast-paced transactions, intense negotiations, intricacies of corporate law gave me an adrenaline rush. The opportunity to work closely with some great minds, aspiring to be like them – their commitment to clients, challenges faced on each transaction, in-depth strategic considerations appealed to me greatly. By the final year of LLB I had pretty much zeroed in on corporate law and was lucky enough to break through with Trilegal.
You’ve represented both domestic and multinational companies in cross-border transactions. Could you tell us about a particularly challenging or memorable transaction that stands out in your career?
Each and every transaction that I have worked on till date has taught me something new which has played a role in my growth curve and developing my personality.
But I guess the very first transaction I did at the start of my professional career left an imprint – this was a joint venture between a USA conglomerate and a major Indian textile manufacturer with the objective to undertake, wholesale trading, designing, marketing, distributing, importing and exporting of branded apparel and related accessories in India. We were representing the overseas entity and it was their very first investment/ venture in India. Law around foreign investment and in particular the trading sector was still evolving. There were a lot of regulatory issues around structuring, approval requirements, company law issues. It was all so overwhelming. And to top it being new in the profession the zeal to take it heads on and impress your boss! Fortunately, or unfortunately, I had a tough boss- but with his guidance, I was able to grasp onto stuff fast and then one fine day he walked up to my workstation and said that I will have to go for negotiations on the matter to Bangalore alone. I did not know what hit me at that time- I completely blanked out. Just the thought of sharing space with the GC, counterparty and its advisors was scary. But somewhere I was thrilled too– I had earned his confidence in a short span. The negotiations stretched for almost a week, besides legal issues the exposure to commercial/ business issues was great. Honestly, not everyone gets this kind of exposure at such an early stage. We signed and closed in record time. This was the most remarkable experience ever! And reaffirmed my passion for corporate law.
Before joining DMD Advocates, you worked with prestigious firms like Trilegal, AZB, and JSA. How did these experiences shape your legal career and the way you approach your work today?
Each of the firms I have been with has helped me grow as a professional. Trilegal was the first. When you are just out of law school what really helps is finding the right mentor and platform to realise your potential. Trilegal offered both. Working with one of the founders from the start, getting that first-hand experience and exposure is rare. My stint at Trilegal laid the foundation of my knowledge of law. All the seniors I worked with at Trilegal were extremely helpful but there was no nepotism. We all learnt it the hard way and I think that’s the best way! AZB was no different – challenging work, high stake transactions, excellent exposure, no spoon feeding and an amazing boss. I think these initial 5-6 years shaped most of me. JSA – my longest stint, offered the platform required to excel and develop the required skill set.
One of your notable deals was advising Prestige Estates Projects Limited on the sale of a $1.5 billion real estate portfolio to Blackstone. Can you share some insights into the complexities of that transaction and how you navigated them?
Due to confidentiality reasons I can’t divulge much, all I can say it was one of the largest real estate portfolio transactions ever done in the country, both in terms of number of assets and deal value. It was quite a complex deal in terms of structuring, kinds of instruments that were issued, and ensuring foreign direct investment and corporate law compliances. CCI approvals were obtained, hold backs structured around NCLT approvals etc. The transaction lasted over a year and the deal size was approx. USD 1.5 billion
In your career, you’ve advised a diverse range of companies, from online exam preparation platforms to hospitality chains. How do you approach legal challenges in different industry sectors, and what skills do you find most valuable for adapting to various clients’ needs?
Advising clients can be very challenging as there is a lot at stake when you are working on transactions. Like I mentioned earlier, each mandate I worked on taught me something new and different. Even if you do repeat transactions, they come with their own set of nuances. Managing expectations, value add, in depth knowledge of the subject, bringing on the table that expertise and maturity are some of the key skills required.
Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult. One thing I have learnt over the years is to keep your calm during negotiations- don’t let things get out of control. I know it’s easier said than done- but it is important to get this sorted in initial stages of growth, else it can become a roadblock.
Know when to stop speaking, be patient and focus on your growth.
Like the famous saying goes “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.”
As a final question, what advice would you like to give to fresh graduates or young professionals entering the legal field today? What qualities or strategies should they focus on to succeed and make a positive impact?
There is enough of this advice out there. I would just say stay focused on GROWTH:
G- Gain practical experience;
R- Resilience is the key;
O- Objective approach at all times;
W- Wisdom plays an important role;
T- Teamwork and time management will take you a long way;
Sir, could you please share with our listeners what initially inspired you to pursue a career in law and how you navigated your way to specializing in Corporate, Intellectual Property, Technology, Litigation, and Real Estate laws?
Certainly, the journey to a legal career is often as varied as the individuals who undertake it. In my case, I stumbled upon the field of law somewhat serendipitously. Like many young lawyers of my generation, I wasn’t particularly inclined towards math or science. However, I had a deep-rooted fascination with technology—I even built my own computers and was an avid proponent of open-source platforms, particularly Linux.
As fate would have it, my graduation coincided with two significant developments in the Indian tech landscape: the enactment of the Information Technology Act and the onset of a multi-decade growth spurt in the Indian technology industry. These events were not just pivotal for the sector but also set the stage for my own career trajectory.
The legal challenges posed by the burgeoning tech industry were both complex and novel, offering a fertile ground for specialization. My affinity for technology naturally led me to focus on Corporate, Intellectual Property, and Technology laws. Over time, as I gained more experience and exposure, I expanded my practice areas to include Litigation and Real Estate laws as well.
While my entry into the legal profession may have been somewhat accidental, the path I’ve carved within it has been intentional and guided by a combination of personal interests and market opportunities. The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me.
Over your impressive 20-year career, you’ve gained extensive experience in General Corporate, Projects, Technology, and Dispute Resolution. Could you highlight some of the key milestones or projects that have played a pivotal role in shaping your expertise and career trajectory?
One must always remember that competition is fierce. There is terrific talent in the market in the next generation of lawyers. There’s a saying in private practise “You are only as good as your last deal”. Lol, I remember being quite taken aback as a young lawyer when I first heard that! But if you understand that in this economy you always need to upskill to stay relevant and competent, you will be able to thrive. For me, that meant things like pursuing my master’s as a Fulbright scholar and exploring both opportunities in-house and as a Partner in Shardul Amarchand. For example, in Cognizant I was the lawyer hired to set up both the India and the wider Asia Pacific teams as General Counsel. At Shardul Amarchand, I was given the opportunity to start our Chennai office. That kind of entrepreneurial journey is something that I will always cherish.
You’ve held significant roles such as General Counsel and Board Member of Cognizant Technology Solutions Asia Pacific. Could you tell us about the challenges and rewards of managing diverse practice areas, resolving complex disputes, and advising on multi-million dollar technology deals?
The scale of operations at Cognizant, one of the fastest-growing Fortune 500 companies, meant that even seemingly routine matters like EULAs, Labour issues or client Master Service Agreements (MSAs) involved high-stakes financial implications, often running into tens of millions of dollars. The urgency was palpable, and the need for effective prioritization and execution across diverse geographies in the Asia-Pacific region was paramount.
My experience in private practice at Shardul Amarchand was marked by an intense performance culture. Clients often presented us with complex, unprecedented challenges. It’s worth noting that most large clients have highly sophisticated in-house teams, so when they seek external counsel, it’s typically for issues that are both novel and intricate. This necessitates original research and innovative problem-solving, skills that are indispensable in the legal landscape. Our office of 4 partners advised on Tech, Corporate, M&A, Real Estate and litigation matters.
The common thread between these diverse roles has been the critical importance of a strong, well-trained team. Whether it was navigating the complexities of multi-million dollar technology deals, resolving intricate disputes, or advising on regulatory compliance, the strength of the team was often the determining factor in the successful outcome of these endeavors. I’ve been fortunate to work with exceptional teams both at Cognizant and in private practice, and their contributions cannot be overstated.
Throughout your journey, you’ve been hailed as a trusted legal advisor. What do you believe sets you apart in terms of building strong client relationships and delivering effective legal counsel?
What distinguishes my approach in building robust client relationships and offering effective legal counsel boils down to two key elements: trust and capability.
In today’s fast-paced business environment, clients are inundated with challenges and operate under immense pressure. They aren’t seeking a legal lecture; they’re in search of actionable solutions, a quantifiable assessment of risks, and a straightforward strategy for compliance. To earn their trust, it’s imperative to communicate in a clear and direct manner that aligns with their commercial objectives.
The legal industry often falls into the trap of obscuring advice with layers of disclaimers and complex jargon. This not only dilutes the impact of our counsel but also hampers the decision-making process for the client. My focus is on cutting through the noise to deliver advice that is both clear and actionable.
Consistency is the final, yet crucial, ingredient in this equation. Trust isn’t built overnight or through a single transaction; it’s cultivated over years of reliable and consistent service. The ability to consistently identify and mitigate client risks transforms a transactional relationship into a long-term partnership.
You’ve received recognition from esteemed publications like Legal 500, Chambers, and Asian Legal Business. How has this recognition influenced your approach to your work, and what does it mean to you to be acknowledged by your peers in the legal industry?
Recognition from esteemed platforms is an honor. I’m deeply grateful for it. In a competitive market where credibility is often scrutinized, these accolades serve as a valuable endorsement. Operating under my own name, Bhushan Rajaram, these recognitions act as a seal of approval, opening doors that might otherwise remain closed.
However, it’s crucial to understand that these accolades are essentially a foot in the door, not a guarantee of sustained success. Clients today are incredibly savvy. They have a keen eye for expertise and can quickly discern whether an advisor possesses the depth of knowledge required to address their unique challenges. So, while the recognition is validating, it’s merely the starting line, not the finish.
Lastly, could you leave our listeners with a piece of wisdom or a mantra that has guided you through your remarkable legal journey, and which you believe can resonate with those embarking on their own paths in the legal profession?
Before we conclude, I’d like to share a guiding principle that has been invaluable to me on my legal journey—a piece of wisdom from my father that I believe will resonate with many of you.
We live in a time where ambition and intelligence are in abundance, especially among young professionals. The drive to reach significant milestones—like making partner, buying a home, or achieving financial independence—often takes center stage. My father, however, offered a different perspective: “Life is not a checklist but a journey.”
The relationships you cultivate, particularly with your life partner during these formative years, are incredibly enriching. These bonds are built on shared struggles and triumphs, and they often become your most reliable support system.
So, as you ascend the ranks in the legal field, by all means, be ambitious and aim high. But also remember to live your life fully. The journey itself is just as important as the destination, and the relationships you form along the way make the journey all the more rewarding.
Can you share with us your journey in the legal field, from your early career as an Associate at Amarchand & Mangaldas to yourcurrent role as a Partner at Luthra and Luthra Law Offices India ? How did your experiences shape your path in law?
My early career as an Associate was full of ups and downs, but one thing that stands out in my journey was that I was not scared of experimenting. I felt that if I don’t give something a chance, I would always regret it later thinking about it. It was indeed a mix of good luck and reward of hard work in academics that landed me my first job at Amarchand & Mangaldas, which was a dream job for most law students back then. I would be honest, it was kind of difficult to work as a fresher in Amarchand & Mangaldas since one had to rub shoulders with stalwarts of the profession but I would say it was a good start to my career since, out of my experiences with the firm, I learnt how a top lawyer goes about working on an assignment and is something I still follow. As a fresher I had the good fortune of getting exposure to multiple practice areas namely: banking and finance, general corporate and capital markets, however, I always wondered what it would be like to do litigation, argue in courts, and running an independent practice. My interest in Constitutional law, Civil Procedure Code was the catalyst which further drove me towards trying out litigation after a couple of years at Amarchand & Mangaldas and after a break of few months. Life as a litigant however, didn’t turn out to be as easy, I persisted through it for over a couple of years and only after being sure of being better at being a corporate lawyer than a litigant, I walked my way back into law firms. Since then I have been practicing banking and finance, and insolvency on a consistent basis and must add that have reaped rewards for this consistency in the form of career growth in these practice areas.
You’ve been extensively involved in advising various stakeholders on corporate insolvency resolution processes. Could you tell us about a particularly challenging or interesting case you worked on, and how you navigated the complexities of restructuring and insolvency?
I had the privilege of advising the Resolution Professional of the first dirty dozen matter (from the RBI list) which went into insolvency in July 2017- Jyoti Structures Limited (JSL). I was seconded on-site with the team of the Resolution Professional and cherish my wholistic yet very challenging experience with the team. The Insolvency and Bankruptcy Code, 2016 (IB Code) was a very new law back then and was in very early phase of evolution with many rules/ regulations to be framed/ notified and with lack of judicial precedents for guidance. JSL had a huge debt size and very complex issues of law arose throughout in the assignment, which mostly had to be answered on spot or in a very quick turn-around time, and at times without the guidance of any codified law, merely based on experience of past mechanisms/ legal practices that existed in India before the enactment of the IB Code. On some issues, we used to also apply/ take guidance from insolvency precedents of foreign countries. Working on JSL was one of the most challenging phase of my professional life, as the lawyer within me had push to my limits of legal logic and read up a lot of stuff for answering queries related to an new/ evolving law.
Your experience encompasses a wide range of legal areas, from banking and finance to dispute resolution. How have you managed to develop expertise across such diverse domains, and how do these areas complement each other in your practice?
I have always believed in specialisation in what one does, but at the same time as one gets senior in the profession, he/ she should have an idea about some of the ancillary practice areas as well. I started of as a banking and finance practitioner and later when the IB Code was enacted, I started practicing insolvency laws as well. I do contentious matters or disputes only to the extent it related to banking and finance/ insolvency laws. For a fully rounded practice of banking and insolvency laws, one should ideally also know about the disputes side of the practice of these laws. And this is how my experience has got spread across a few practice areas.
The legal landscape is constantly evolving, especially in areas like fintech and insolvency. How do you stay up-to-date with the latest developments in these fields, and how do you anticipate future legal challenges in the banking and finance sector?
I read a lot of online news/magazines and updates and have notifications activated for these on my phone. That’s the most common way of keeping oneself updated with changes in law and new case laws that come up. I do also read one of the pink newspapers on daily basis which really helps in knowing upcoming business treads of your practice area and at times also gives clues on which upcoming assignments to pitch for before clients. Keeping abreast with the regulatory changes that IBBI and RBI come up with and the monetary policy announcements of RBI help me in understanding/ anticipating the future legal challenges of the sector. And at times just general chat with bankers/ market participants also gives a hint about what tricky queries or situations will be thrown at you to find legal answers.
You’ve advised on overseas direct investments and foreign exchange compliances. How do you see the global business environment shaping up for Indian conglomerates, and what are some key legal considerations they should keep in mind?
The business landscape as far as overseas direct investments from India are concerned, is very interesting, because it essentially involves Indian companies globalising/ setting their foot in foreign countries and also Indians investing/ routing money outside India. With Indian economy doing well, the ODI trends also pick up and which also means a lot of foreign exchange flows out of India. The RBI through authorised dealer banks keeps a keen watch on these ODI transactions, the compliances and reporting associated with these. The most important legal consideration is formulation of transactional structure in such a way that it avoids round tripping concerns and also to advise the clients correctly about approval requirements from RBI/ authorised dealer banks in absence of which the clients may face a lot of issues including penalty from RBI.
Your role has included advising clients on structuring for short-term money market investments and project financing. Could you share a success story where your legal counsel led to a significant positive outcome for your clients?
During the pandemic period in 2020, I had the privilege of advising SBICaps Trustee in respect of structuring and operationalising the employee credit line guarantee scheme (ECLGS) launched by the Government of India for the benefit of NBFCs and MSMEs. The NBFCs in India were facing short term credit crunch which was in turn affecting the MSME sector. The scheme was for credit line of INR 30,000 crores and the funds were made available by RBI and guaranteed by Government of India. The scheme was a success and was further extended and continued with next versions in the subsequent months and years. The documentation for this transaction was one of its kind and the transaction structure had be harmonised with the requirements of the scheme. Funding to NBFCs was ensured by subscribing to short term money market instruments issued by them. It was one of its kind transaction that I have worked on in my entire career.
You pursued various diploma and certificate courses alongside your academic and professional journey. How have these additional qualifications influenced your career growth, and would you recommend similar supplementary education to aspiring legal professionals?
Yes, these diplomas not only help in building CV but also help in deep diving into a particular subject of law which is either not taught or not taught in enough detail at law school. It could also be out of specialisation interest that a student can take up these diploma/ certificate courses. These also help in utilising extra time constructively during one’s law school days. I would definitely recommend doing diplomas and certificate courses to students but they should be smart in choosing which ones to do as some of these courses could also be very expensive.
From your time as a student at Symbiosis Law School to your current role, how has your perspective on the legal profession evolved, and what lessons have you learned along the way that you’d like to share with our audience?
I come from a non-legal background so, as a college student in initial years, I used to think that legal profession is like any other profession. However, my journey so far as taught me that legal profession is much intense than most other professions. All of us learn new things everyday and in that sense are students for life, which also means that the profession demands a lot of hard work/ motivation to keep learning and therefore, in that sense, it is a difficult profession, but also extremely intellectually satisfying and enriching at the end of the day.
As someone with a wealth of experience in India’s legal landscape, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially those interested in areas like banking, finance, and insolvency?
It’s important to pursue practice areas which one likes, and the earlier this is figured, the better it is for a law student or a law firm associate. In the initial years, an associate should do rotation/ secondments with the teams/ practice groups that they have interest in and then figure out which one(s) would they like to persist with. Students should do as many internships as possible and try out different practice areas, and if they are able to place their interest early enough, it could really help them in planning their careers better. For fresh associates who take up banking, finance or insolvency as a practice area, it is important for them to try and learn basics and keep abreast with all the legal developments. It is also important for a fresh associate to understand ‘why’ behind everything and for doing that they should not shy away from reading a lot of books/ cases/ articles etc. to start with.
