Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?
I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.
What aspect of your profession makes you beam with pride on a day-to-day basis?
By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.
You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?
I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.
Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?
I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.
How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?
Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.
How in your opinion have IPR laws developed and transitioned over the years in Asia?
Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.
Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?
I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.
Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?
They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.
As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?
8 hours
What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?
Preciseness, self-motivated, research oriented and punctuality
What would be your words of advice for young lawyers who aim to set a career in corporate law?
Know your law. Learn your law, further learn it until you die.
Can you tell us about your journey and how you ended up pursuing a career in law, particularly in litigation and arbitration?
Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to embark and explore. My interest in litigation developed in law school, primarily by participation in Moot Courts, while I took interest in arbitration in my 5th year of law school.
You have experience as lead counsel in domestic and international ad hoc arbitrations. Could you share with us a notable case or experience from your arbitration practice that was particularly challenging or memorable?
Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to read and decipher the terms of the contract. The more prudent reading of the contract is expected to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging and an add-on to one’s memory and of course makes the journey memorable.
As part of your role, you draft various legal documents such as pleadings, written submissions, and petitions. What are some key considerations you keep in mind when preparing these documents for arbitration cases or other litigation matters?
Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my pleadings to the material facts and not dump voluminous bald statements or documents. Material facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount importance to not suppress the facts or documents even if they are not in favour of your client. Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such facts.
You have appeared before various tribunals and courts, including the National Company Law Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in terms of the skills and strategies required?
The fundamental difference between different fora is the law under which a person approaches. One of the aspects that I found was the lingo, language and communication to be different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are summary proceedings, so in that sense these fora are different from civil or commercial courts. Secondly, the time available to a lawyer to present his case in these fora is limited as compared to trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of
evidence is absent in these fora and the matters argued and decided on the basis of facts, as presented and the documents that are relied upon.
In addition to your contentious work, you also have experience in non-contentious matters such as providing strategy advisory and legal opinions. How does your approach differ when working on non-contentious matters compared to litigation and arbitration?
Non-contentious matters are not limited to advisories and opinions, it can include drafting of agreements, liasoning and compliance with regulatory authorities. The approach while drafting a strategy or an opinion, the primary focus is on the business of the client and to the extent possible, avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims already raised either to seek or defend depending upon which side one represents.
During your time at Reliance ADA Group, you were involved in strategic planning of litigation matters across the group’s businesses. Could you share an example of how you approached strategic planning and mitigating legal risks for a complex business case?
Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly, I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow the orders. But I must say that I did get opportunities to be part of the team engaged in drafting Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate structure in compliance with regulatory requirements. One such work which I found interesting was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new regulatory and review Charter Agreements.
You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily focusing on contract negotiation and drafting. What are some key challenges or considerations that arise when dealing with IT contracts, IT infrastructure, and BPO contracts?
IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or negotiate a value. The second aspect is flexibility in licensing. The software is made available on license basis and to ascertain the limitations on the usage of the software under the license. During my time, the concept of SaaS i.e. software as a service was developing, but back to back service level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in respect of indemnity and liability had to be drafted carefully.
As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with international clients and navigating cross-border transactions?
I took up the engagement right out of college to understand and acclimatize the nature of transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board only in case of a deviation or an addition, whereas Indian businesses go back to seek approval. When the transactions are both inbound and outbound, the time spent on the decision making process becomes vital.
With your educational background in litigation and international dispute resolution, how have your studies influenced your approach to resolving disputes and handling international cases?
The fundamental qualification of LL.B is the only requirement whether you are a lawyer or judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an opportunity to work as an intern on a case involving a ship that was registered in the Cayman Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.
Lastly, based on your extensive experience in the legal field, what advice would you give to fresh law graduates who are starting their careers or considering a specialization in litigation and arbitration?
I don’t claim expertise in my field except to continue to remain a student. My suggestion to my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be related to law. During my consistent interaction with current law students, one of the dangerous trends that has crept in is to read and borrow mostly incorrect information from substandard books. This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the developments that are taking place at the local and the policy level and form opinions and debate.
Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?
Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.
Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?
The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed.
Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?
My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.
What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?
Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date.
It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.
What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?
The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day.
What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?
The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.
Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?
The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here. The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.
What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?
A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career.
Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?
Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.
As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity.
Sir, please you tell us about your journey and how you ended up practicing law, specifically in the field of Corporate & Commercial, Private Equity & Venture Capital?
Before deciding to specialize in of corporate and commercial law, I embarked on a journey that involved several internships and experiences in various legal fields. These experiences allowed me to explore different areas of law and gain valuable insights into the legal profession. As I progressed through my studies, I continued to seek internships that aligned with my evolving interests. By my fourth year, I had gained substantial exposure to corporate law through internships in law firms specializing in corporate and commercial matters. These experiences allowed me to work closely with experienced lawyers and professionals in the field, exposing me to the intricacies of corporate transactions. Throughout these internships, I found myself captivated by the fast-paced and dynamic nature of Corporate & Commercial law. I was drawn to the complex challenges and strategic considerations involved in advising businesses and facilitating transactions. The opportunity to work closely with brilliant seniors who advised entrepreneurs and established companies in their pursuit of growth and success appealed to me greatly.
You have worked on various corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Can you share some notable experiences or cases that have shaped your expertise in these areas?
Throughout my career, I have had the privilege of working on a diverse range of corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Each transaction has presented unique challenges and opportunities, and I have gained valuable expertise through these experiences.
One notable experience that comes to mind is a healthcare transaction where I represented a medical technology company in its acquisition of a smaller healthcare startup. This transaction involved intricate negotiations, due diligence, and regulatory considerations. It was a complex process that required a deep understanding of the healthcare industry, as well as expertise in drafting and negotiating the acquisition agreement. During this transaction, I had the opportunity to work closely with both the acquiring company and the startup. I had to balance the interests of my client, who sought to expand its product portfolio, with the concerns and objectives of the startup’s founders. Through careful negotiation and creative problem-solving, we were able to structure a deal that satisfied both parties and facilitated a successful acquisition.
In the fintech sector, I had the opportunity to work on a venture capital investment deal for a promising startup that aimed to revolutionize payment processing. This transaction involved multiple rounds of funding, negotiations with venture capital firms, and extensive due diligence. It was crucial to ensure compliance with regulatory requirements and address investor concerns while protecting the interests of the startup. Throughout this transaction, I learned the importance of meticulous due diligence and effective communication among all parties involved. By thoroughly analyzing the legal and financial aspects of the startup, we were able to identify potential risks and develop strategies to mitigate them. The end result was a successful investment deal that provided the startup with the necessary funds for growth and the investors with an opportunity for significant returns.
These notable experiences, along with numerous other transactions, have shaped my expertise in corporate and commercial law. Each transaction has been a learning experience, allowing me to develop a deep understanding of the sectors I work in and refine my negotiation and problem-solving skills. My approach has always been solution-oriented, aiming to find mutually beneficial outcomes for both sides of the parties involved, while ensuring legal compliance and protecting my client’s interests.
Your work includes advising Fortune 500 companies on corporate and commercial transactions. What are some of the key challenges or considerations when dealing with domestic and cross-border collaborations in India?
When dealing with domestic and cross-border collaborations in India, there are several key challenges and considerations that arise. These challenges stem from the unique legal, regulatory, cultural, and business landscape in India. India has a complex regulatory framework, and it is crucial to navigate various laws, regulations, and policies to ensure compliance. Key areas of consideration include foreign exchange regulations, company law, taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration.
How has being featured in ALB India Rising Stars 2023 impacted your career and professional growth?
On a personal level, being featured in this distinguished list has provided validation and motivation. It is a testament to the hard work, dedication, and passion I have invested in my legal career and the faith that the organization (ELP) has on me. The recognition has reinforced my belief in my abilities and has inspired me to continue striving for excellence and making significant contributions to the legal profession.
In your experience, what are some of the key factors that contribute to a successful joint venture or strategic alliance between companies, both domestically and internationally?
As a general thumb rule – a successful joint venture or strategic alliance between companies (domestically or internationally) require the parties to have a shared understanding of their objectives and a clear vision for the partnership. This includes identifying the specific goals, synergies, and benefits that each party expects to achieve. Ensuring alignment at the outset minimizes potential conflicts and sets the stage for a successful collaboration. Once the objectives are clear, establishing a robust governance framework is crucial for effective decision-making and conflict resolution. Clearly defining the decision-making process, roles, and responsibilities of each party ensures efficient management of the joint venture or alliance. Finally, tailoring the agreement based on the above is crucial to avoid ambiguity and potential conflicts.
As a lawyer practicing in the corporate and commercial sector, what are some common legal challenges or issues that businesses face when entering the Indian market?
Key areas of consideration that generally need to analyze are foreign exchange regulations, company law, taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration. However – despite these areas of consideration, India presents numerous opportunities for businesses looking to invest and expand. With its large consumer base, emerging sectors, and government initiatives, India continues to attract companies seeking growth. By addressing these legal challenges and working closely with legal professionals who are well-versed in Indian laws and regulations, businesses can navigate the Indian market successfully and unlock its vast potential.
Lastly, based on your experience and expertise, what advice would you give to fresh law graduates who are aspiring to build a successful career in the field of corporate and commercial law, particularly in India?
If I must chronologically respond to the above Seek Mentorship:
• Find mentors who have excelled in the field of corporate and commercial law. Their guidance, support, and insights can be invaluable in navigating your career path, understanding industry nuances, and making informed decisions. Learn the good, ignore the rest. Remember, the legal fraternity is very small – people will always remember how you are to others.
• Cultivate Professionalism and Ethical Standards: Upholding professionalism and ethical standards is essential for a successful legal career. Maintain integrity and develop effective communication and interpersonal skills to establish trust and build strong professional relationships.
• Gain Practical Experience: Seek out internships and practical experiences in law firms, corporate legal departments, or relevant organizations. Practical exposure will provide you with invaluable insights into the field, help you understand the real-world application of legal principles, and develop essential skills .Specialize and Continuously Learn: Corporate and commercial law is a vast and dynamic field. Consider specializing in specific areas such as mergers and acquisitions, contracts, intellectual property, or securities law. Continuously update your knowledge and stay informed about changes in laws, regulations, and industry practices through seminars, workshops, professional development programs, and legal publications.
• Develop Business Acumen: Understanding the business context is crucial for corporate and commercial lawyers. Gain a solid understanding of business fundamentals, financial statements, market trends, and industry-specific knowledge. This knowledge will enable you to provide practical and commercially viable legal advice to clients and contribute to their overall business objectives.
• Develop Strong Legal Research and Drafting Skills: Corporate and commercial law requires excellent research and drafting skills. Practice conducting thorough legal research, analyzing case law, and applying legal principles to complex situations. Hone your drafting skills by preparing well-structured and concise legal documents, contracts, and agreements.
• Embrace Technology and Innovation: The legal industry is evolving, and technology is playing an increasingly significant role. Familiarize yourself with legal tech tools, research databases, document management systems, and other technology solutions that can streamline legal processes and enhance efficiency. Embracing technology and innovation will make you a valuable asset in the evolving legal landscape.
• Be Resilient and Adapt to Change: The legal profession can be demanding and challenging. Cultivate resilience, the ability to adapt to change, and a growth mindset. Embrace new challenges, learn from setbacks, and continuously seek opportunities to expand your knowledge and skills.
Remember, building a successful career takes time and dedication. Be patient, embrace opportunities for growth, and stay passionate about your chosen field. With perseverance, continuous learning, and a proactive approach, you can forge a rewarding and successful career in corporate and commercial law in India.
Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?
Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises”
My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai, I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.
After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….
LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?
We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance.
As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?
If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues.
Today’s young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice. At the end of the day clients must be happy and satisfied with the services.
LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?
All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents.
As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?
I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.
LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?
Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market.
In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?
In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.
As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?
For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.
For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.
Please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of Intellectual Property Rights?
After college, I wanted to do medicine. But, due to some circumstances, I couldn’t do that and turned to law. I had seen some of my father’s friends as lawyers and was curious. So I took to law and joined practice at the District court. I had exposure to many common areas of law like conveyancing, land laws, contracts, arbitration, and even medical negligence. The medical negligence case really got me hooked on law. Then I got work on some trademark cases at my senior’s chamber (Mr Khaladkar) which lured me into the area of intellectual property law. Because IP was not so well known in District Courts, we came to Delhi to explore and understand this area bit better.
I realised that there are lawyers who specialise just in intellectual property law. As a green horn I wanted to absorb every bit of work that came my way – be it a trademark matter or any other. Eventually, I joined K&S Partners where I had the good fortune to work on very interesting matters including the Basmati patent revocation, turmeric patent revocation, neem patent revocation, etc. My knowledge in sciences came in handy in patent matters, be it drafting or developing arguments in court. So it was reinforced that IPR was the way to do it.
Soon in 2008-09 I set up my own practice. I then had the occasion to work on various important matters including the first ever compulsory licence that was granted in India by the Patent office. I continue to work on patent and other intellectual property matters and with new technologies, I think there will be many more opportunities for us to assist the court and development of law. It has been a very interesting journey and I really cherish every moment.
With a background in biotechnology, what led you to specialize in Intellectual Property Rights? Was there a specific experience or event that sparked your interest in this field?
As I mentioned, my initial years of practice were focussed on general law. It was deliberate, as I felt that one should first build a sound fundamental platform and from thereon, one can expand and deep dive into any specific area of your liking. That’s how I did a myriad of matters including cases relating to Urban Land Ceiling Act, banking, arbitration, conveyancing, medical negligence etc. All this made me look at different areas and open up new vistas. But I always wanted to use my science background and was looking for an appropriate area where I could put this to use. My senior’s chamber had some cases on medical negligence which were very interesting. In fact, there was a suit for damages against a doctor which was filed and it was my science background that helped us make comprehensive and incisive arguments that impressed the court and finally led to dismissal of the suit. Then we got a couple of patent matters – where again I had the occasion to assist the court with my technical knowledge. We won that matter also. All this fortified my belief that IPR is an area where my science background would inevitably be my Ace card and this area is what I should specialise in. Back then in 1995-96, generalisation was the trend and specialisation rarity. But the more I read about Intellectual property, the more I fell in love with the subject. And the love affair continues till date. Even today, I think, all that I know is just a tip of the iceberg. There is an undiscovered ocean and even a lifetime is not enough to master this infinite ocean of knowledge. You may say I was lured into IPR practice.
You founded Rajeshwari & Associates, a full-service IPR law firm specializing in various areas. What motivated you to start your own firm, and what were some of the challenges you faced during the initial years?
I was always taught that law is a service, a profession where one has ample occasions to serve the public at large. And I have experienced it first-hand. We had a case relating to a land dispute (partition dispute) and our client was a farmer from Aurangabad. He would dutifully come on each day of argument, sit at the chamber with folded hands and hope that we would be able to argue and win his case. He knew he has contributing nothing in terms of law- but that was his way of expressing his moral support to us.
Eventually, we won the case for him at the District Court. He was so elated, so happy that tears welled up in his eyes and he fell at the feet of my senior. We were literally “gods” for him!!!
Our whole chamber of 15 lawyers had worked day and night to research and develop arguments for his case. When we won the case and saw the expression on this man’s face, we as young lawyers felt a deep sense of satisfaction, a sense that we did something that impacted someone’s life positively. I cannot tell you the joy that we felt or express in words the feeling that we had. All our gruelling days of hard labour, the slavery, the torture by my senior just vanished with this one expression.
A week later he returned with two sacks full of potatoes and rice. That was the client’s way of paying the fee for the case. My senior also accepted it with grace and did not ask anything at all. Nothing was spoken but both knew what was going on.
This again reinforced that we actually did something good and our work was not academic. There were many such instances that had left an indelible mark and resulted in a firm resolve, that one day, I will have my own chamber where I will serve such clients and witness the happiness on their face. That is why, after serving in a law firm for many years, I started my own practice where I have complete freedom to decide which matters I should take up, when and how. I only wish I had done this much earlier.
Over the course of your career, you have achieved significant milestones in the field of IPR, including winning the first ever compulsory license for Natco and litigating the Glivec battle up to the Supreme Court. Can you share some insights into these landmark cases and the impact they had on the Indian patent landscape?
Both these cases that you mention have had a socio-economic impact. First – the compulsory licence case. That case was one where I and every one in my team had worked for days on end researching, strategizing, going back to the drawing board again and again. And of course, with the firm backing from our client Natco, we could make it. Our client’s mission was to make a life saving drug (sorafenib) available to the common man- to save a liver cancer patient from immediate death and extend his life by several months. It was about a big pharma abrogating to itself the right to choose who would live and who would die. The mission was so huge that we couldn’t help identifying ourselves with it and acting as catalysts. The case had its own share of challenges- like how to prove that the drug sorafenib sold at Rs. 2,80,000 by Bayer is not affordable ? There was no published article that profiles and analyses the income of liver cancer patients. So, we did a survey of such patients.
Then, came the simultaneous suit for infringement, and our counter-claim. The court in the infringement suit asked how we could argue that the patent is invalid and at the same time, ask for compulsory licence. The answer lay in the Patents Act itself – which carves out no exception as to who can challenge the validity of a patent and provides that non-challenge clauses in agreements are bad. Case law such as Lear vs Adkins (US) came to our assistance.
Then came the arguments before the Controller General – I was opposite a Senior Advocate Sudhir Chandra and he was at his shrillest best. Though I may not have matched the pitch in terms of decibels or stature, me and my team had worked equally hard to present a compelling case for grant of Compulsory licence which was ultimately upheld by the IPAB, the Bombay High Court and Supreme Court.
The Glivec case was also a device of strategy, strong technical arguments and arguments of public interest. Here, Novartis had been granted the first ever Exclusive Marketing Rights (EMR) under the Patents (amendment) Act 2002. Basis this, they were rightly granted injunction by the Madras High Court against certain parties. We challenged the EMR at the Delhi High Court on the ground that it was granted without hearing the affected parties, and without due notice. Novartis immediately filed a suit at the High Court of Bombay, being armed with the Madras High Court order. Our client was naturally jolted. I was told by my colleagues that its no use fighting the suit at the Bombay High court who is bound to grant injunction in view of the Madras High Court order. However, I was hopeful. We argued many issues including public interest. In fact public interest was a very strong argument in the facts of that case – the drug imatinib mesylate was to be given to CML (blood cancer) patients who were in their final stage. The cost of the drug as sold by Novartis was Rs. 1,10,00/- per month as compared to Rs. 6000-8000 of our client. We cited case law from the UK and other countries and argued various aspects of public interest. The court ultimately refused the injunction, and the primary basis is public interest. The judgement is reported as ‘Novartis Vs Meher Pharma’.
There was also the opposition to the patent application for polymorphic form of imatinib mesylate which opposition was allowed by the Patent office on the ground that the invention lacked novelty, inventive step and failed on the ground of section 3(d). This was one of the first ever cases where the Patent office had the occasion to explore section 3(d) and due to lack of therapeutic efficacy rejected the application. This was upheld by the High Court and Supreme Court.
Both are cases etched in my memory. Both are cases that have actually helped cancer patients. Something I have always wanted to do. The Glivec case is also important for the reason that it interpreted the scope of section 3(d) and it is that interpretation that we follow till date. The CL case had interpreted the CL related provisions of compulsory licence that were hitherto considered ‘academic’ and near impossible to achieve.
As an arguing counsel at the High Court of Delhi and the Supreme Court of India, you have represented clients in patent and other litigations. What are some of the unique challenges and opportunities you encounter when arguing before these higher courts?
It is a very interesting and challenging life as an arguing counsel. Firstly, we argue matters on the basis of instructions from the instructing lawyers and basis their briefs. Sometimes their pleading lacks some of the most basic or crucial points that one may need for arguments. But still, we have to make do, plaster the pleading and make out a good case. Second, many times, the briefing counsel is not up to-date with the latest developments in law – resulting therefore in bad planning or taking incorrect steps or filing unwanted applications which may get rejected by the court. Obviously, the instructing counsel and more so -the client are puzzled as to what happened with the outcome. Third, I find that people just show clients a rosy garden which is bit different from real life. So again when I tell them that their case has certain flaws, they are not very happy. Fourth, some people feel that once a brief is handed over to a senior, their job is over- it is actually the start of the process. As a result, our team has run the extra mile to make sure we have all the tools and ammunition to do well in the court.
Arguing a matter in court may sound and seem quite glamorous. But behind these glamor filled moments are hours and hours of hard work which of course, is behind the scene and goes unnoticed. It’s with every lawyer.
But at the end of the day, if we achieve a good outcome, every midnight oil burnt is worth it and we will do it a hundred times over.
You have been recognized as a visionary in the domain of Intellectual Property Rights. How do you stay updated with the latest trends and dynamics shaping the intellectual property landscape, especially in developing nations?
It is very important to stay updated not only with cases of Indian courts but also of courts in other countries as it gives an idea of the trend. It also gives an insight into what was argued and how the argument was received by the court. So I try and keep case-law reading for weekends or anytime that I find free. I don’t like to waste time and I try to utilise in catching up with case law or technology. The only way to stay updated is to allocate time and in disciplined manner keep reading. I also get invited to do podcasts or talks at various places on various subjects – that also keeps me on my feet. Sometimes we have discussions with groups. All this helps. But self-reading and staying updated is indispensable.
As a TEDx speaker, what was the topic of your talk, and why is it important for you to share your insights and knowledge through platforms like TEDx?
I am a follower of TED talks and have been greatly inspired by these talks. I was very excited to be invited to give a TEDx talk.
So I thought, I should speak on a topic that would be helpful to one and all- courage and conviction, Its about having the courage to pursue your path despite the negative talk around, despite the discouragement. I think in life as well in any profession, there is a need to pursue your objective or goal with all your might, complete perseverance and passion. There will be obstacles but if you are determined, nothing can stop you. But the determination must be strong and unshakable.
We have been taught these principles and most of us do apply them in our daily lives and surely do practice them. But it is important to keep reminding ourselves of these principles from time to time so that we stick to the chosen path and don’t deviate. And what better example than our own experiences.
With burgeoning information on the internet, today’s youth wants to do something, but is often confused or even discouraged if they do not instant success like instant Maggi.
Hence I talked about my experience, about how I had debilitating injuries and despite that, I managed to survive and move on, rather than mourn over what was lost. I felt that if I could inspire at least one person, I can say, it’s a good beginning.
You have authored several articles and are a regular speaker at conferences and seminars. Can you share some of the key messages you aim to convey through your writings and speaking engagements?
I have been writing since a very young age. Most of my speaking assignments at conferences and seminars are IPR or other legal topic oriented. Hence through these sessions, I try to spread knowledge – the knowledge that I have gained so far. I think that people attending any session on any topic should find it a good investment of time and effort- and as trainers or speakers it is our responsibility to ensure that their time is well spent. So I usually prepare and try to ensure that whatever topic I speak on throws some new perspectives and the audience is able to gain knowledge. Knowledge is gained by spreading not by keeping it locked.
Recently, I have authored a chapter on Trade Secrets and it is published by Chambers in 2023. You will find the link at https://practiceguides.chambers.com/practice-guides/trade-secrets-2023/india/trends-and-developments. The chapter summarises the position in India regarding trade secrets. It gives an insight into the existing law and the remedies available within the current framework.
Surely, with technical progress, everyone would be impacted especially companies and institutions. Its high time we enact a comprehensive law on trade secrets and law should protect confidential information in whatever shape and form. Right now, we have several judicial precedents to protect confidential information. While we are quite successful in protecting breaches of confidentiality by employees, it is always helpful to have a legislation as it imposes confidence in business owners and enables framing of appropriate policies to protect such information.
With your vast experience in the field of IPR, what advice would you give to fresh graduates who are aspiring to pursue a career in law, particularly in the domain of Intellectual Property Rights?
For fresh law graduates, I would advise that they should initially try all kinds of practice areas. Gain knowledge and not look for instant money. This is a profession not a money spinning business where one expects ROI from day one or year one. It’s a profession, a service to the public. Money will come, slowly but surely. Knowledge is king.
So one should practice in lower courts, gain experience in courts, tribunals, working or training with solicitors as well as in-house counsels and having gained a general perspective, then, make up your mind whether you want to do litigation or something else. Its each for himself. In this profession, hard work is the only currency that may get you somewhere. There no short-cuts; so one has to have patience and keep working at it. You would attain your gaol sooner or later. If you choose litigation, it is surely a hard life. Even a solicitor’s life is not as simple as you think – every field will have its own twisted path. But one has to enjoy the process, enjoy the profession, satisfy yourself with the happiness and smile that you may bring on someone’s face. That’s the glory and gold coins this profession offers.
Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector?
I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.
Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.
In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms.
With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?
Well, there are many such assignments, but to name a few that come to my mind right now – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.
You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?
Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.
2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.
What made you move from an in-house counsel to a law firm in Pune?
Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice.
What according to you is the difference between an in-house legal role and law firm experience?
Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.
Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work, perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune.
As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?
I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!
Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector?
I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements.
My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers.
To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!
What inspired you to establish your own law firm? What challenges did you face in the initial stages?
After completing my LL.B. I joined the chamber of Sr. Advocate C.A. Ferreira was the then Assistant Solicitor General of India practicing before the High court of Bombay at GOA. Working with him in actuality, triggered a thought to have a settled practice like him and to establish a law firm. Before starting my law firm ‘Matlane & Grewal Legal Associates LLP’, the journey of 10 years as an individual advocate was not so easy. There were many difficulties as theoretical knowledge is completely different from the practical procedure. In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well. As an advocate you will learn new things on a daily basis. When you start your practice as an individual advocate at a very young age is not such an easy task. Profession of advocates used to be considered as the profession of old ones and not of youngsters. I do remember on completion of my 6 months internship with Ferreira sir, I shared my views to start independent practice with my family members, frankly, telling no one was so convinced with my thought to start an independent practice as everyone thought I don’t even know the ABCD… of the complete court procedure. Many said ‘do you know how to draft a case? How would you give consultation to your client? What if you lose the case? You should spend at least 5/7 years with a senior advocate then only you can practice independently, Bla bla ssss…..
But it was my Guru/Mentor Mr. Vikas Lathar (Professor of Govt. College of Safidon) and my mother who always trusted and had faith in my abilities. They both supported me to start my journey and see I am here today before you.
To have a reputed own law firm was always a biggest dream of mine. Many times I spoke to my husband about my dream to form a law firm. My husband Navdeep Singh Grewal, who is also a part of our law firm, encouraged me to establish “Matlane & Grewal’s”. Working as an independent advocate and running a law firm is completely different from each other. As I am a fast learner and love to explore, I feel that working as an independent practitioner is restricting the growth, learnings and controlling the case types. But a firm can become one roof to offer all legal services. Hence, ‘Matlane & Grewal Legal Associates LLP’ came into existence.
Team of our law firm works passionately as a single soul without compromising on professional ethics. Our Law firm is growing by giving growth to our junior advocates as well as to our interns. ‘Different brains and different abilities will work together and will grow together’, with this mind set up I have started my own law firm.
With almost 10 years of experience in the field of law, what have been some of the most memorable cases or achievements in your career? Could you share a particularly challenging case that you successfully handled?
If I tell you the truth , my every case is unique and definitely, I have achieved and learnt something or the other from my every single case during this decade. There are many and all the cases on which I can share working experience but as you know time is limited and I can’t go on…. But I can Yes still, share my such a memorable and wonderful experience in my 2 cases which are very much close to my heart. The first case is of property case i.e., the Second Appeal filed before the High Court of Bombay bench at Aurangabad and another was a criminal case filed by the parents against their son. I personally feel both the cases were difficult for me to handle. As in both the disputes the emotions of parties were ultimately affected. I won a second appeal and it was a reportable judgment. My client got his disputed land back after spending his 30 years of life in court. The matter earlier was handled by many lawyers but when it came to me and after filing my VP on record, I ended the matter in just 1 year. And winning a second appeal is itself an achievement and a milestone in one’s legal career. Talking about my second case, this was a criminal application for maintenance filed by the 80yrs old age parents against their 55yrs old son. The parents just filed the application to see their son due to courts dates as he was separated from his parents due to past fights and all… when on the first date of the court hearing I tried to reconcile and I succeeded , you know what the 80yrs old parents said me, ‘ beta, tum humare ghar me humari devi maa ban ke ayi ho, tumhari wajah se humara bichda hua beta hume wapis mil gaya.’ The matter ended happily and the parties are still living a happy family life.
You mentioned being highly effective at developing creative case strategies and writing persuasive briefs. Could you share some insights into your approach and how it has contributed to your success in the legal field?
Yes, we have effective strategies and we do adopt the same strictly while dealing with the cases.
Firstly, we are good listeners. We listen peacefully to our clients and we believe in transparency and keeping client’s secrecy. Secondly, we guide and consult them according to their legal requirements and as per available legal provisions. Thirdly, we draft our case patiently and appropriately as per court guidelines. Fourthly, we prepare our strategy to have effective cross, chiefs, arguments, etc. we prepare our whole case before filing it in actual before the court. Fifthly, we keep on doing research on landmark cases. Simply, we keep updated our knowledge on a day-to-day basis.
The legal field is known for its dynamic nature and ever-changing demands. How do you stay updated with the latest developments and ensure that you can adapt to the evolving legal landscape?
As we are the generation of the 21stCentury and as the technology is developing and upgrading rapidly. Being a law practitioner, we too adapt and adopt the use of technology and for the same my husband cum my firm partner always supports us to maintain the balance between the old practice era and use of new technology.
To stay updated with the latest developments I do read newspaper on daily basis and also, we have opted for several paid subscriptions and applications for the same. We follow SCC, MANUPATRA, INDIANKANOON, DIGILEGAL, ETC., We are also very much active on social media.
Could you share any valuable lessons or insights you have gained throughout your career that have contributed to your professional growth and success?
For me my success mantras are: keeping legal knowledge updated, being truthful to your profession, ethical to your clients and consistency in your working and learnings, time management, team management, leadership and last but not least knowing the basic laws deeply.
How have public speaking skills helped you in your legal practice? What tips would you give to aspiring lawyers who want to improve their communication abilities?
I’m a very talkative person. and this has always helped me to make a bridge between me and my client. With ability to have proper communication, my client never hesitates to share his/her problems with me, no matter how the situation is worsened or the facts are sensitive. To improve the communication skill, one should have good vocabulary, one must know our basic laws and principles, keeping updated knowledge and lastly read, read and read. Reading always helps to grow vocabulary and knowledge.
Lastly, what message or advice would you like to give to fresh graduates who are considering a career in law? What qualities or skills do you believe are essential for success in the legal profession?
It is the only law which ensures and gives the balance to live a happy life. Every single individual should know their basic and fundamental rights. Our Constitution has always safeguarded us in every manner. At least one member of every family should have a person from the legal profession. To pursue a career in law, according to me skills such as being a hard worker is not the only key. But you should be smart enough. You must have the ability to take the risk factors. Your confidence should be greater. You should keep your legal knowledge updated always, you should be a public speaker, multitasker and presentable and definitely you should be tech savvy.
Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?
I belong to the family of lawyers. I am a third generation lawyer. My grandfather Sardar Kuldeep Singh started his practice from Lahore High Court and after 1947 he continued the practice in India. Thereafter my father Mr APS Ahluwalia Sr. advocate started his practice in 1971. Our chamber is almost a hundred years old in the legal profession. In order to continue the legacy I chose to be a lawyer. I qualified LLB in 2004; and after qualifying LLM from Cardiff University, United Kingdom in international corporate laws, I joined JSA in the team of general corporates and capital markets. I did many private equity transactions and IPOs during my three years experience at JSA. But my love for litigation had never ended. I always used to see the working of litigation lawyers at Ahluwalia Chambers that always fascinated me. Someday I had to make a decision to join my family office, to continue and pursue the legacy left behind by my grandfather. So I joined my father’s chamber known as Ahluwalia Chambers.
You have extensive experience in various areas of law, including commercial arbitration, corporate commercial and contract law, media-entertainment, property & succession laws, banking and recovery laws, fraud and white-collar crime laws, and constitutional disputes. How did you develop such diverse expertise, and what attracted you to these specific practice areas?
I have almost 19 years of experience at the bar. As a lawyer, I have always learnt that one should never try to focus on a particular subject in the initial stages of practice. With the advantage of joining a family chamber I tried working on every case as and when it was required and it is required. According to me a lawyer is always a student of law who has to learn from everyday experience in the court. Having said that, the lawyer has to look for the opportunity to appear in as many legal issues which helps him build his practice and experience at the Bar. It is this experience by working on various legal issues the judicial mind starts working which is also the building of the court craft.
Throughout your career, you have represented clients in the Hon’ble Supreme Court of India, Delhi High Court, and various tribunals and appellate authorities. Can you share some notable cases or achievements that you are particularly proud of?
According to me every brief on the Advocate’s table is important. But at times there are certain cases which are labelled as landmark judgements. This experience is always in the career every practising advocate. This also helps in building a in him/her a true lawyer and a confident practitioner. Some of my noted judgements in which I had been able to get legal points establish as precedents such as Arun & ors. Vs State, NHPC vs. Patel L&T JV, Brig.Dhir vs. Parsvnath Developers Ltd, Aroon Purie vs. OP Bhola & Ors. ; IFCI vs Ceylon Biscuits, Sunil Sikri vs GHPS & Ors., Hargovind vs. State; And few more. But I think that every case has always been very important to me and I always try to put the best of my abilities. As an advocate, I am first officer of the court to assist the court for adjudicating the dispute. It is my duty that I do put the case before the court to achieve the success for my client. We can’t be emotional to any brief. To get the justice, an advocate is duty-bound to his client to do justice with his brief.
You have represented a wide range of clients, including statutory bodies, PSUs, private limited companies, and infrastructure companies. How do you approach representing different types of clients with varying legal needs and challenges?
Chamber practice is very different from the corporate firm practice. As a litigation lawyer. We don’t approach the client. The clients look for the lawyers suitable to them in the market as per their requirement. I also believe that good work is always recognised in the commercial world. There is always space for everyone but abilities are to be shown. Under the Advocates Act we have many restrictions. Primarily we cannot advertise ourselves so the only way to make yourself recognised in such a huge competitive world is to perform to the best of your abilities and the client will definitely follow. To some extent, networking and word of mouth by friends and existing clients also helps in building up the client base.
As an advocate, you have been involved in high-stakes disputes involving substantial sums of money. Could you share some insights into handling such complex cases and the unique challenges they present?
Every case has unique facts and legal issues involved. Not only that every case has its own line of action irrespective of the stakes involved. The sum of money doesn’t matter, what matters is the resolution to the problem. So as an advocate we have to get into the complexity of every dispute with the existing precedents. Without the application of proper law, it is not possible to convince the court. The most difficult challenge arises when the opposite lawyer is a senior advocate. Although it’s a learning experience, at the same time, it becomes more challenging to contest against someone who is designated by the court as a judicial expert. Nevertheless, such challenges help in making you a hard-working and laborious lawyer.
Apart from your litigation practice, you also have experience in legal drafting and have several reported judgments to your name. How do you balance the different aspects of your legal practice, and what skills are essential for success in both litigation and legal drafting?
A good drafting skill is inevitable for an advocate. Until and unless he/she doesn’t have the skill of putting the case properly in the pleadings, it is not possible for an advocate to put it before the court. Drafting and arguing are related to each other. Both the skills are learnt with the experience. There is no automatic or quick route to it. While preparing the case always remember to refer to the statutory provisions and the settled law. It is very important that a lawyer should be very conscious about each and every fact before preparing the pleadings. At the same time, this experience also helps in drafting, legal opinions, contracts and other legal documents.
You have been recognized for your professionalism, ethics, and pragmatic legal advice. Can you share some strategies or principles that guide your approach to client representation and legal advocacy?
I think it is discipline. I have inculcated discipline while looking at my father; and the ethics he follows in the profession. It is very important that we always follow our respected seniors at the bar. They are the real mentors for the budding lawyers. Their experience guides us to become a good lawyer as well as the officer of the court. It is from that experience, I have learnt that I should always be honest to the client. False promises are always dangerous. Be true to your brief and guide the client within the legal perspective.
Being appointed as amicus curae by the Hon’ble High Court of Delhi and serving as Standing Counsel for Delhi High Court Services Legal Aid Committee, you have been involved in civil and criminal cases from a broader perspective. How has this experience shaped your understanding of the legal system and the role of advocacy in promoting justice?
It is very important as an advocate to serve the society. India is a huge country with various kinds of people in Indian society. As the litigation has become expensive. At times it is difficult for everyone to afford lawyers, especially good lawyers. The legal aid provides legal services at free of cost to the citizens who are not able to afford litigation. While working as a legal aid lawyer, it made me realise the sufferings of the needy. I also got the opportunity to appear in a variety of issues before the Hon’ble High Court. It is the true experience, where you put forth the case without any financial interest and that’s the passion needed in you to provide the best of the output. It gives immense satisfaction and of course the appreciation of the court.
As an advocate, it is an honour to be appointed as amicus curae. It is an opportunity for assisting the court as its friend. Any kind of assistance given by the lawyer is always appreciated by the court. So it is important to give the best as Amicus.
Given your vast experience and knowledge in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?
I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline. Success in the legal profession is not overnight. My father always says that the youth of the lawyer is lost on the table. Spend maximum time reading the latest judgements, and update your knowledge. Always prepare the brief well in advance. While entering the court, a lawyer should always be ready with brief. Avoid seeking adjournment because every hearing is an opportunity. Always sit in the courtrooms and attend the court proceedings attentively.
Lawyer needs to have patience in order to establish himself as a litigation lawyer. This might lead to difficult days as well but the passion and sincerity towards the establishment of practice is the only driving factor for a lawyer. It is important that young lawyers should encash every opportunity and should not refuse any brief for the sake of fee.
It is important that a lawyer is socially strong. From the very first day while entering the profession Start working to Develop your goodwill amongst the members of the bar. Young lawyers should be respectful to the seniors and the court because one day you will also become a senior member of the bar.
Lastly, with your involvement in legal conferences and your contributions to various media publications, could you share some insights into the importance of staying engaged with the legal community and sharing knowledge with a broader audience?
Indeed, it’s a wonderful experience to share knowledge at conferences, not only that by listening to other speakers we also gain knowledge. Legal conferences also help you be introduced to potential clients. It also helps in building your social network. The client building process is very gradual- out of sight is out of mind. So it is necessary that an advocate continues to show his existence by way of writing articles or attending legal conferences as and when the opportunity is given.
Get in touch with Sukhamrinder P. Singh Ahluwalia-
Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?
I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.
What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?
As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.
Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?
I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.
In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?
I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.
As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?
I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.
Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?
I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.
In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?
I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.
Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?
I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.
What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?
I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.
Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?
It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.
