Super Lawyer

Category: Interviews

  • “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

    “I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.” – Aditi Tripathi, Advocate-on-Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience now, what initially sparked your interest in pursuing a career in law? Was it a deliberate decision to enter the legal profession, or was there a specific event or experience that inspired you to take this path?

    I never had to look for inspiration beyond home. My father, Justice Ajay Kumar Tripathi, was a first generation lawyer, who in turn was encouraged to pursue law by Prof. N. Madhava Menon, the architect of modern legal education in India. Watching my father burning the midnight oil in preparation for matters, and listening to his stories about particularly challenging days in court was always fascinating. Even as a child I could glean that here was a career that encouraged inculcating intelligence, quick thinking, and an ongoing quest for knowledge coupled with an element of public service. 

    By the time I was at the cusp of entering college, my father was elevated to the bench, which gave me fresh and unprecedented insight into the gruelling demands of the profession, not only as part of the Bar, but even on the Bench. Having an innate inclination towards humanities over the sciences, I loved studying history and political science and ultimately, decided to appear for the law school entrance exams.

    During my time at NUJS, Kolkata I endeavoured to gain a broad spectrum including during internships. In my penultimate year of law school my elder sister, also a lawyer, advised that I apply for an internship with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi (now Shardul Amarchand Mangaldas/SAM). I interned with the Litigation and Disputes Resolution practice area at AMSS. I assisted the associates in active matters with research and drafting. It was exciting and challenging, and led me to realise that litigation was my true calling. Having liked my work, AMSS recruited me while I was still in my 5th year.

    Having worked with several distinguished legal chambers and law firms, how did these early experiences shape your approach to legal practice? Are there any key lessons or insights that you gained from these experiences that continue to inform your work today?

    My litigation journey started with the Litigation and Disputes Resolution Team at AMSS. AMSS is one of India’s top-tier law firms, while you feel fortunate to be a part of the organization, life at a law firm is gruelling. The long hours, in a high pressure environment is ‘baptism by fire.’ However, working at one of the leading law firms of the country, I learnt to emulate the industry’s best. Law firms give you great exposure, both at a professional and personal level. Handling high stakes matters, I inculcated critical thinking, which makes for a good lawyer, and as a solicitor, I also mastered skills like time and client management. The most important skill I imbibed at AMSS was attention to detail. Another learning from Mrs. Pallavi S. Shroff, the Managing Partner was to always be prepared with the brief, even if you are the junior-most lawyer on the matter. She guided young lawyers to learn every aspect of the matter, including the most fundamental things like ensuring no typographical errors, correct pagination of briefs, preparing proper case compilations, and brief management. Even now in the era of digitisation, these skills continue to serve me well and have set high standards for my final work product.

    Wanting to be in courts more regularly, I joined the Chambers of Mr. Paras Kuhad, Senior Advocate and Former Additional Solicitor General of India. The experience at a senior’s chamber after a law firm was equally if not more challenging and demanding. The most important insight Mr. Kuhad provided was that as a litigator one has to marshall the facts of a brief. Arguments may be subjective, depending on the side you are defending, but not the facts. In court, I frequently see Judges calling upon young counsels to apprise them on the facts of a petition. Judges are always encouraging of juniors who are well prepared. As a young counsel, to receive a compliment from the court is an unparalleled feeling, and goes a long way in building your confidence. This also instils a sense of ownership towards the brief.

    I also had the privilege of being a part of Mr. P.S. Narasimha, Senior Advocate’s chamber (as he then was). While the volume of work made it a high pressure work environment, it was also the most ideal office, with an exceptionally congenial atmosphere. The biggest insight I garnered during my time there was that – with the right attitude and guidance, people thrive and are encouraged to show up and give their 100% every day. As a part of Mr. Narasimha’s office, I worked on matters, which engaged the attention of the nation. Observing Mr. Narasimha, I learnt that keeping your composure, no matter the complexity of the brief, is the touchstone of a good lawyer, and also of a good human being.

    Undoubtedly, the common thread running through all the offices I have been a part of is that there is no substitute for hard work in our profession. 

    After gaining experience with various legal entities, you chose to establish your own practice. What motivated this decision, and what challenges did you face in the early stages of building your independent practice?

    While mentorship under a Senior Advocate helps lay the foundation to your foray into the practise, it is still a bubble. I had already received a taste of solicitor practise, and realised I enjoyed being a litigator more. Therefore, instead of going back to a law firm, I dove into the deep end.

    I decided to go independent while the world was still overcoming the rigours of the pandemic. It was daunting, and there were difficult days. Work was slow and sporadic. After being accustomed to working at a 100 miles an hour, 7 days a week, for close to a decade, this was a new normal. I had to make peace with a different pace. As a silver lining, I got time to prepare for the Advocates-on-Record Exam, which I cleared in 2022.

    The idea is not to get disheartened. Litigation is a patience game, and the patient are surely rewarded. 4 years later, slowly yet steadily, work and clientele has grown, and life has come a full circle. The familiar hectic nature of the practise, 7 days a week is back. I have come to relish it as I now get to work on my own terms. 

    Being an Advocate on Record, what are some of the most challenging legal issues you have encountered? How do you approach representing the Government in the Supreme Court, and can you share an example of a significant matter you handled for the Union?

    The Advocate-on-Record is a bridge between the clients and the court, ensuring compliance with legal formalities and maintaining the integrity of the judicial process. Managing client expectations along with the strict scrutiny from the Court is a fine balance to be struck on a daily basis.

    As Panel Counsel for Union of India, the challenge arises from the multifaceted nature of litigation involving the Government of India. Representing the government requires a nuanced understanding of both legal and administrative issues, with the added pressure of ensuring that the legal positions are consistent with existing policy and legislative frameworks. In cases involving matters of national significance — such as land acquisition, criminal laws, or fiscal regulations — the government’s stance must be defended without compromising on constitutional principles. One dons two hats in such cases, i.e., that of a counsel and also an officer of the court. The responsibility and care when drafting on behalf of the government is also greater. This demands an in-depth grasp of public law, detailed preparation, and an ability to respond swiftly to dynamic legal developments in a high-pressure and high-stakes environment.

    My approach to high-stakes matters involves meticulous preparation and intelligent strategizing. One has to be ready for all possible questions that fall from the Bench. By being proactive, I work towards achieving favourable outcomes even in the most complex issues and questions of law.

    You represent a variety of public-sector organizations. How do the legal challenges differ when representing government-owned entities compared to private clients? What strategies do you employ to address complex issues, particularly when public interest is at stake?

    The most significant challenge is striking a balance between the rights of individuals, the existing policy framework and the larger public interest, especially in cases that involve public welfare or environmental protection. In such cases, stakes are often high, and the outcome can have far-reaching consequences. Additionally, interpretation of laws, particularly in unchartered questions of law and in evolving social and political landscapes, add a layer of complexity that requires constant adaptability and precision.

    You have represented clients in arbitration cases involving significant monetary stakes. Can you elaborate on your approach to high-stakes arbitration and the strategies you employ to achieve favourable outcomes? Additionally, how do you navigate the complexities of cross-border disputes, especially those involving international arbitration bodies?

    In high-stakes arbitration, my approach centres on a deep understanding of the legal nuances, the facts of the case, and the business interests of my clients. With significant monetary stakes involved, my priority is to build a strategy that is both legally sound and strategically astute.

    First, I focus on thorough case preparation. This means not only understanding the applicable law in-depth but also conducting a meticulous review of the evidence, the contract terms, and any prior communications that could impact the dispute. I always anticipate potential challenges and prepare pre-emptive responses. At the same time, I try to understand my client’s broader goals—what outcome they are hoping for beyond just the legal victory—and this informs how I present the case.

    A key part of my strategy is identifying and leveraging early opportunities for settlement or negotiation. Arbitration, while a powerful tool, can be a time-consuming and costly process. If we can settle on favourable terms, I pursue that route, ensuring my client secures a win without unnecessary delays. I assisted Mr. Narasimha in drafting the Mediation Bill under the aegis of the Supreme Court Mediation and Conciliation Project Committee. In the course of the same, I realised the merits of Mediation in assisting clients finding speedy resolutions to their disputes, while the courts grapple with pendency. However, when arbitration is the only viable option, I embrace it fully and leave no stone unturned in presenting the case at its strongest.

    In terms of navigating the complexities of cross-border disputes, especially involving international arbitration bodies, I recognize that each jurisdiction has its own unique set of rules and procedural nuances. My approach to cross-border disputes is based on a clear understanding of both the international arbitration framework and the local legal systems at play. This includes knowing the procedural rules of the institution governing the arbitration, anticipating enforcement challenges, and managing any potential jurisdictional issues that arise.

    International arbitration requires a blend of legal expertise and global perspective. I pay careful attention to jurisdictional choices, as these can have a profound impact on the outcome. A robust understanding of public international law, private international law, and the evolving trends in international dispute resolution ensures that I can effectively navigate the complexities of cross-border disputes and craft arguments that resonate with international tribunals.

    Finally, I focus on maintaining effective communication with all stakeholders involved, including clients, opposing counsel, and arbitrators. Building trust and confidence in my representation is critical, especially in high-stakes matters where the pressure is intense.

    Looking back, what has been one of the most interesting or difficult cases you have handled? How did you approach and navigate the complexities of that particular matter?

    While every case presents its own complexity, in the past couple of years, I have had the privilege of being part of legal teams appearing before Constitution Benches of the Supreme Court. It is incredible. The matters that stood out for me are – the Ayodhya Ramjanmabhoomi Dispute, In Re: Article 370 (the abrogation of Article 370), and the Aligarh Muslim University Minority Status dispute. Apart from being some of the leading cases of their time, these matters also provided the unique opportunity to assist and learn from some of the finest legal minds of our time.

    The learning curve in such cases is undoubtedly steep. In such matters, I learnt that one has to navigate two aspects of the matter – One is the preparatory aspect. Each of these matters were highly contentious, with voluminous pleadings, running into thousands of pages. The facts as well as the dispute itself, in each of these cases also presented the unique challenge of spanning decades. There was also the challenge of tight timelines. While the sheer size of the pleadings can initially feel very daunting, it is important to understand that to be able to effectively assist a Senior Counsel in trimming down all the weight to come up with the best arguments, one’s role as a briefing counsel assumes great significance. The briefing counsel has the task of setting up the foundation for the arguments to be put forth by the Senior Counsel. Here, one gets the opportunity to be creative and come up with novel arguments in support of the brief. For this, one has to be well-versed with the matter including facts, arguments, documents and pleadings – both in support of and against one’s case. 

    It may seem like an oversimplification but in my experience, the only way to do that is to take it head on and get into the depth of the brief. The devil is in the details. The preparatory part of the matter can be gruelling with long hours of research, reading, refining and reshaping of arguments. Of course, it helps that the courts have become committed to going paperless and that makes handling the records in such cases much easier.

    The second aspect is the hearings. Constitution Bench matters pose the challenge of being time-bound, which means the matters may be heard on a day-to-day basis, often spanning many days, from morning to evening. As a briefing counsel, one not only has to keep up with the arguments of the day, note the questions and observations falling from the Bench, but also prepare for the next day, alongside assisting the senior in refining arguments as the matter progresses. Cases of such magnitude and public importance, help develop promptness, lateral thinking and the ability to handle pressures.

    Having worked in both private practice and public sector legal roles, how do you view the evolving landscape of Indian legal practice, particularly in fields such as arbitration and regulatory disputes? How do you see the role of legal practitioners evolving with the advent of technology into the sector?

    The most striking facet of the Indian legal landscape is its dynamism and constant evolution. The ease with which we have been able to navigate hearings before Constitutional Benches of the Supreme Court, such as the ones I mentioned before, is evidence of our profession’s adaptability and the efficacy of going paperless.

    The Indian legal sector is undergoing a period of rapid transformation, driven by both domestic shifts and global developments, and I see this as a golden opportunity for young practitioners like myself.

    In arbitration, India has become an increasingly attractive hub for both domestic and international arbitration, with courts taking steps to reduce delays and create a more favourable environment for dispute resolution. Government of India’s focus on strengthening arbitration laws through reforms, has been vital in this evolution. I also believe that the growing emphasis on institutional arbitration, alongside India’s position within global arbitration networks, will elevate the country’s standing as a leading arbitration venue.

    Regarding regulatory disputes, India’s economic growth and regulatory framework are becoming more complex. Areas like competition law, antitrust, and environmental regulations are seeing increasing levels of scrutiny. Government initiatives to streamline regulations through digital platforms, like the Ease of Doing Business reforms, have also led to a surge in litigation, especially involving corporate governance, compliance, and tax matters. These regulatory shifts require legal professionals to stay ahead of developments and offer creative, proactive solutions to clients who are navigating these dynamic environments.

    In my view, the role of legal practitioners in India is evolving in exciting ways due to the integration of technology. Legal tech tools, artificial intelligence (AI), and data analytics are already reshaping how we research, draft, and even negotiate. The use of AI for contract analysis, predictive legal outcomes, and managing case precedents is quickly becoming standard practice. For young lawyers, this means we need to become proficient with emerging technologies to stay competitive. 

    At the same time, technology provides opportunities to streamline processes, reduce costs, and improve the efficiency of legal services, which can be particularly valuable in high-stakes disputes and regulatory matters where timelines and costs are often significant concerns.

    Furthermore, technology is also facilitating greater access to justice, especially through platforms that enable online dispute resolution (ODR). This is a significant shift in the way legal services are being delivered, and I think it will greatly benefit sectors such as arbitration, where parties can engage in virtual hearings, consultations, and settlements. From a strategic perspective, these technological advancements allow legal practitioners to work more effectively, handle higher volumes of work, and cater to a more global client base.

    While technology will drive efficiency, I firmly believe that the need for human judgment, creativity, and expertise will always be central to legal practice. The ability to navigate complex regulatory environments, understand nuanced legal principles, and build persuasive arguments for arbitration cases or regulatory disputes cannot be replaced by technology. As such, the evolving role of lawyers will likely involve leveraging these technological tools to enhance their practice while continuing to hone traditional legal skills.

    What advice would you give to aspiring legal professionals looking to build a career similar to yours, particularly those interested in litigation, arbitration, and constitutional law? Are there specific areas of law or skills they should focus on to thrive in today’s legal environment? Additionally, could you recommend resources to help them stay informed about the latest legal developments?

    It’s heartening to see the competitiveness and acceptability Law as a profession has achieved. It is also wonderful to see the diverse avenues available to law graduates these days, as compared to the time when I went to law school. But I believe with respect to some aspects of the profession, the more things change, the more they remain the same. This is especially true for litigation as a preferred choice of career for young legal professionals. I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation. 

    A career in litigation is like a 5-set tennis match. It is important to remember that it is a marathon and not a sprint. To win, one needs to invest time and hard work, while keeping in sight the larger picture. While you may win or lose a particular point, you have to move on and continue to play the next point to win the game, the set and the championship. Similarly, each brief that a client comes to you with, each order, favourable or adverse is a lesson and the building block for sharpening your skills and honing  your court craft. The learning never stops. Recently, Mr. Sidharth Luthra, Senior Advocate, happened to see me during arguments. He met me after and gave me very sound advice – the outcome of a matter is a combination of many factors, and it does not matter whether you win or lose. The important thing is to be on top of the matter and give your best. Hence, one must remain committed to putting in the hard yards and give your best shot at every juncture. 

    Another advice I would like to give to aspiring legal professionals is to initially try and gather as much varied experience as possible. In the initial years it is better to be a jack of all trades. Many young law graduates these days on being asked what their preferred career trajectory is, tend to answer that they would like to pursue a full-time career in one field of law such as arbitration, intellectual property, technology law, etc. While an interest in a specific field of law and clarity in the early years is great, however, the legal arena is ever-expanding. For a well-rounded development as a good litigator, it is advisable to have a general approach so as to learn as much as possible. 

    As for keeping oneself informed, about the latest legal developments, there is no dearth of information, especially in the era of social media and dedicated portals that update latest legal pronouncements and developments in real time. That being said, one must guard against falling prey to the tendency of the “3-second attention span” and scrolling culture. The idea is not only to be aware but well-informed. Therefore, it is important to read, not just the news flashes but the very judgments and reflect on the same. I am somewhat old school that way and have found in my experience that books and commentaries are great allies when wanting to understand the evolution of the law, and achieve greater clarity on principles of law.

    With your career balancing both high-profile legal work and professional responsibilities, how do you manage your work-life balance? What strategies or practices help you maintain personal growth and stay motivated to excel in such a demanding and fast-paced field?

    Managing work-life balance in a demanding career requires a combination of personal discipline and regular self-reflection. The hard truth is, the practise of law is not for the faint-hearted. Personally, the concept of work-life balance has eluded me throughout the better part of my career. That being said, court vacations provide a welcome opportunity for respite, offering precious time to reconnect with family and loved ones. Beyond these breaks, I believe it is essential to cultivate at least one hobby or interest outside of work. My mother encouraged me to take up gardening. Spending time in my garden is my favourite way to destress. I also find travel rejuvenating. It helps to reset perspectives and makes returning to the demands of the daily rigmarole more manageable. I also try to catch up on reading. Not just the law books, but good old literature. Sports is also a great way to get centered. I love to swim, play tennis and practice yoga. I try to be regular, even on working days. I recently picked up ballroom dancing. While one’s career is undeniably important, it is only with a healthy body and a healthy mind that one can give their best.

    Get in touch with Aditi Tripathi –

  • “To advance your career, focus on specializing in a niche area of property law or civil litigation, continue learning through seminars or  certifications, and embrace technology to stay ahead in an increasingly digital legal  landscape.” – Siddhesh Mahurkar, Founder at SM Legal Associates.

    “To advance your career, focus on specializing in a niche area of property law or civil litigation, continue learning through seminars or  certifications, and embrace technology to stay ahead in an increasingly digital legal  landscape.” – Siddhesh Mahurkar, Founder at SM Legal Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your extensive experience across various legal areas, what initially inspired  you to pursue a career in law, and what continues to fuel your passion for it? How  did you first enter the legal profession, and what led you to specialize in civil  litigation, cooperative law, and property-related matters? 

    Initially, I didn’t come from a legal background. After completing my 11th and 12th  grades in the commerce stream, I was inclined toward pursuing a career in commerce,  banking, and even considering company secretaryship. At that point, law was never  really on my radar. However, as I explored both streams, I realized that my true calling  was in the legal profession. 

    This passion continues to fuel my work today. The opportunity to advocate for clients, to  navigate complex legal issues, and to contribute to the fair and equitable resolution of  disputes is incredibly rewarding. Every case presents unique challenges and  opportunities to learn and grow, constantly pushing me to refine my skills and deepen my  understanding of the law.  

    As I began to practice law, I found myself particularly drawn to civil litigation, cooperative  law, and property-related matters. Civil litigation appealed to me because of the  intellectual challenge and the direct impact it has on resolving disputes. Cooperative law and property law was another area I gravitated toward because Cooperative law and  property law encompasses a wide range of legal issues, from internal governance and  member disputes to regulatory compliance and commercial transactions. Advocating for  my clients, and helping them achieve the best possible outcomes keeps me motivated  every day. Ultimately, it’s the law as a tool to make a real difference in people’s lives that  continues to inspire me and drive my career forward. 

    What were some pivotal experiences early in your career that deepened your  understanding of the law, particularly in real estate matters, and how did they shape  your professional trajectory? 

    “Early in my career, I had the privilege of working closely with senior advocates at Bhansali  Landmarks. This experience proved pivotal in shaping my understanding of real estate  law. I was involved in a diverse range of matters, including land acquisition, property  disputes, and construction contracts. I also assisted in drafting and reviewing complex  real estate agreements, such as sale deeds, leases, and joint venture agreements. 

    One particularly challenging case involved a complex land dispute that required  extensive research and creative legal solutions. Successfully navigating this challenge  instilled in me a strong sense of resilience and a deep appreciation for the importance of  client advocacy.

    These experiences instilled in me a meticulous approach to detail and a deep  understanding of the importance of thorough due diligence in all real estate transactions.  This foundational knowledge continues to guide my practice today, enabling me to  effectively advise clients on a wide range of property-related matters and navigate the  complexities of the real estate market with confidence.” 

    By incorporating these suggestions, you can create a more compelling and impactful  narrative that effectively communicates the value of your early experiences in real estate  law. 

    How has your current role evolved, especially in the context of property law? Could  you elaborate on your responsibilities and experience with drafting agreements,  sale deeds, and handling RERA-related matters? 

    My role has evolved significantly over time, especially in the context of property law.  Initially, I started by focusing on general civil litigation, but as I gained more experience, I  became increasingly involved in property-related matters. Over the years, I’ve developed  a specialized focus on real estate law, including drafting agreements, handling sale  deeds, search titled report and dealing with regulatory issues, especially under the Real  Estate (Regulation and Development) Act, or RERA. 

    Whether it’s ensuring that the terms of a sale deed are clear, protecting my client’s rights  in lease agreements, or structuring development agreements in a way that avoids  potential disputes, attention to detail is paramount. My meticulous attention to detail has  resulted in the successful negotiation and drafting of numerous complex real estate  agreements, minimizing potential risks and ensuring favorable outcomes for my clients.  I strive to provide clear and concise legal advice to my clients, explaining the implications  of different legal options and guiding them through the complexities of real estate  transactions. 

    In terms of RERA-related matters, my experience has expanded significantly over time as  the Act has become a central piece of real estate regulation. I advise developers and  homebuyers on compliance with RERA, whether it’s ensuring that developers are  meeting the timelines and quality standards promised to buyers, or ensuring that  homebuyers are aware of their rights under the Act. I have represented clients in disputes  involving non-compliance with RERA provisions, such as delays in possession or failure  to provide agreed-upon amenities. 

    I find that my expertise in this field has allowed me to make a significant impact, helping  clients navigate the complexities of real estate deals and ensuring that their interests are  protected.

    Can you share your experience dealing with disputes involving cooperative  societies? What are the major legal issues cooperative societies are facing today  and how do you handle conflicts between builders, or management? 

    I have handled a wide range of legal issues involving cooperative societies. One of the  primary challenges these societies face today is property disputes, especially those  related to ownership and the transfer of titles, particularly the Conveyance Deed.  Disputes also arise when there is confusion among society members regarding  membership rights, which can lead to complex and prolonged legal battles. Another  significant issue is the non-payment of maintenance charges, which often leads to  financial instability within the society, triggering legal action for recovery. 

    When addressing conflicts, especially between builders or management, my approach  is to start by thoroughly reviewing all relevant agreements, including builder-buyer  contracts, society by-laws, and other related documents. This helps establish a clear  understanding of the rights and obligations of each party. However, when these methods  fail or prove unsuitable for resolving the issue, I proceed with issuing legal notices or  filing a case in court, depending on the severity of the dispute. 

    My primary focus is ensuring that both the cooperative society and builders comply with  applicable laws. Ultimately, my goal is to facilitate a fair resolution that upholds the rights  of society members and ensures that all actions taken are in compliance with the  governing laws. 

    When drafting RERA Agreements, what common issues do you encounter from both  builders and property buyers? How do you navigate these challenges to ensure the  agreements are comprehensive and balanced? 

    For builders, a common issue is setting realistic project timelines. Builders may face  unforeseen delays, but buyers are concerned about delayed possession. It’s essential to  clearly define timelines, including grace periods for delays, and establish penalties for  non-completion within the agreed time. On the other hand, buyers often face confusion  regarding the carpet area vs. super built-up area. Builders may calculate area differently,  which can lead to overcharging concerns. To avoid this, I ensure the agreement precisely  defines terms like “carpet area” and “super built-up area,” providing clarity on what  buyers are paying for. 

    Another significant issue is the payment schedule and interest clauses. Builders typically  want to ensure timely payments, but buyers seek a payment structure tied to project  milestones, ensuring that they don’t overpay before the work is completed. Balancing  these interests is key, and I work to establish a fair schedule that protects both parties.

    Warranty and defect liability periods are also contentious. Buyers often expect a  reasonable warranty on construction defects, while builders may try to limit their liability.  I ensure that warranty clauses comply with RERA’s provisions, which mandate clear  terms for defect liability periods, providing sufficient protection for the buyer. 

    Lastly, disputes over possession and handover timelines are common. Builders may seek  flexibility, while buyers want guarantees of timely possession. In these cases, I ensure  that the agreement complies with RERA’s possession timeline rules and includes clear  consequences for delay. 

    To navigate these challenges, I ensure that the agreement is drafted with clarity and  precision, making sure all terms are well-defined and in compliance with RERA  regulations. I also incorporate fair dispute resolution mechanisms, often using mediation  or arbitration, to address potential issues efficiently. Ultimately, my goal is to create an  agreement that protects both the interests of the builder and the buyer, ensuring a  balanced and legally sound contract. 

    During your time at AM Legal, you were involved in IPR and commercial litigations.  How did these experiences expand your legal expertise, and in what ways do they  complement your current focus on property and civil law? 

    During my time at AM Legal, I had the opportunity to work extensively on Intellectual  Property Rights (IPR) and commercial litigation, which greatly expanded my legal  expertise. In the commercial litigation domain, I handled a variety of cases related to  contracts, breach of agreements, and arbitration. These experiences deepened my  understanding of corporate governance, risk management, and dispute resolution  strategies. Working with clients on these matters enhanced my ability to analyze  contracts, negotiate settlements, and adopt a strategic approach to litigation, which  directly complements my current focus on property and civil law. 

    These skills align seamlessly with my work in property law. Both areas require precise  contract interpretation, attention to detail, and the ability to navigate complex disputes.  

    Moreover, my experience in IPR has given me a broader perspective on the value of  protecting assets, which is crucial in property law as well—whether it’s protecting land  titles, construction permits, or real estate branding. Overall, these diverse experiences at  AM Legal have enriched my legal practice, allowing me to offer a more holistic and well rounded approach to my current work in property and civil law. 

    Of all the cases you’ve handled, which one stands out as particularly interesting?  How did you approach preparing for that case, and what made it unique? 

    One case that stands out as particularly interesting involved a property dispute between  a developer and a housing society. The developer initiated construction without obtaining  the mandatory consent from the society, violating Section 7 of the Maharashtra 

    Ownership Flats Act (MOFA). This legal oversight led to a court order granting an  injunction against the developer, effectively staying the construction. The case  highlighted the importance of adhering to statutory provisions and safeguarding the  rights of housing societies in redevelopment matters. 

    To prepare for the case, I thoroughly reviewed the contracts, sale deeds, and RERA  compliance documents, carefully scrutinizing every clause for potential  misrepresentations. I also gathered evidence from property registries and consulted  with land experts to verify title authenticity. Given the complexity of the case, I examined  the developer’s obligations under RERA, focusing on consumer protection laws and  builder-buyer agreements. 

    What made this case unique was the interplay between property law, consumer  protection, and real estate regulations. The case required me to navigate a  combination of contractual interpretation, regulatory compliance, and consumer  rights while also addressing the emotional concerns of buyers who had invested their  savings in the property. My approach not only focused on legal arguments but also  considered alternative dispute resolution methods to settle the matter more efficiently. Ultimately, the case was resolved in favor of the buyers, with the developer agreeing to  compensation and fulfilling the missing contractual obligations. This case stands out  because it was a rare instance where multiple legal frameworks—from property law to  consumer protection under RERA—intersected, requiring a nuanced and multi dimensional approach to resolve the matter. 

    Given your experience, how do you see the real estate industry evolving, particularly  in light of the ever-changing rules and regulations that govern it? 

    The real estate industry is undergoing a significant transformation, driven by evolving  regulations and technological advancements. We’re seeing a clear trend towards greater  transparency and accountability, fueled by regulations like RERA, which empower buyers  and demand ethical practices from developers. This push for transparency is further  amplified by the digitalization of land records and transaction processes, reducing  ambiguity and potential for fraud. Sustainability is no longer a buzzword but a necessity,  with stricter green building codes and environmental clearances becoming the norm. The  rise of proptech is revolutionizing how we search, buy, and manage properties, while  construction technology is introducing innovative building methods.Simultaneously, the  industry is grappling with the need to provide affordable housing, prompting government  initiatives and innovative financing models. Looking ahead, we can expect a stronger  consumer-centric approach, with regulations further empowering homebuyers and  promoting fair practices. However, challenges remain, including the need for the industry  to adapt quickly to these changes, balancing regulation with growth, and ensuring  effective enforcement. Ultimately, the real estate sector’s future hinges on navigating this evolving landscape effectively, embracing  technology, and prioritizing sustainable and  inclusive development to build trust and foster long-term growth. 

    What advice would you offer to young lawyers aiming to build a career in property  law and civil litigation? Specifically, what skills should they focus on, how can they  effectively network, and what steps should they take for career advancement? 

    For young lawyers aiming to build a career in property law and civil litigation, my advice  is to focus on honing key skills such as legal research, contract drafting, and  negotiation. A solid understanding of property laws, regulatory frameworks like RERA and MOFA, and the intricacies of civil litigation will be fundamental to success. Building  strong client relationships is also crucial, as property law often involves direct  interaction with clients, whether they’re buyers, developers, or housing societies.  Effective networking is essential—attending industry events, joining professional  associations, and connecting with experienced mentors will open doors to opportunities  and valuable insights. Gaining practical experience early on, whether through  internships, associate positions, or working on diverse cases, will help you understand  the complexities of the field. To advance your career, focus on specializing in a niche  area of property law or civil litigation, continue learning through seminars or  certifications, and embrace technology to stay ahead in an increasingly digital legal  landscape. Finally, maintaining a reputation for integrity and competence is key, as  trust and reliability are paramount in both property law and litigation.

    Get in touch with Siddhesh Mahurkar –

  • “The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding.” – Aditya Ganju, Counsel at AG Chambers.

    “The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding.” – Aditya Ganju, Counsel at AG Chambers.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    You’ve had an impressive legal journey, from working with prestigious firms like Khaitan & Co. to establishing AG Chambers. What inspired you to pursue law?  

    I have been incredibly fortunate to have had the privilege of working in some of the most respected legal organizations, each of which has played a pivotal role in shaping my career. My legal journey began at Fox Mandal, followed by an enriching experience at the chambers of a senior advocate, and then a significant tenure at Khaitan & Co, where I eventually became a partner… 

    Each of these roles offered a unique set of challenges and learnings. The exposure to varied legal fields gave me the opportunity to refine my legal acumen and develop a holistic approach to problem solving. Yet, despite the growth I experienced in these firms, I eventually felt the calling to chart my own path—one where I could bring together my accumulated knowledge, my passion for law, and desire to provide clients with more personalized and agile solutions. It was this realization that led me to take the leap and set up my own chambers..

    The decision to pursue law was something that came to me naturally. My father, a senior counsel, was my role model, and I had the unique privilege of watching him work tirelessly through his briefs, preparing for court hearings, and discussing cases with his colleagues. The dinner table often turned into an impromptu courtroom, with legal discussions filling the air. These experiences, though subtle, sparked an early interest in the law.  

    With over 14 years of experience in the legal field, what are some key lessons you’ve learned through handling high-stakes disputes? How can younger lawyers incorporate these lessons into their practices?  

    High-stakes cases are often characterized by their complexity, both in terms of the factual details and the legal intricacies involved. These cases rarely follow a straightforward path, and the stakes are usually high, meaning that every decision made can have a significant impact on the outcome. In such scenarios, a legal team is typically required to work tirelessly, leaving no stone unturned to protect their client’s interests and to ensure the best possible result.

    The first step in managing such complex cases is mastering the facts. One must be thoroughly familiar with every aspect of the case. This often involves sifting through large volumes of case materials and identifying key pieces of information that could make or break the case. It’s critical to stay on top of the facts because they are often the foundation upon which the entire legal strategy will be built.

    However, the mere knowledge of facts is often not enough when the case involves specialized technicalities or industry-specific knowledge. In these instances, it is highly advisable to consult with industry experts. These experts can provide crucial insights that go beyond what is written in the case papers, offering a deeper understanding of the technical or sector-specific issues at play. 

    Additionally, client representatives—especially those working on the ground—can offer a wealth of information that may not be immediately apparent from the case documents. Their firsthand experience can provide unique perspectives on the practical realities of the situation, allowing the legal team to craft a strategy that is both legally sound and grounded in real-world considerations.

    As a young professional, handling such high-stakes cases can feel overwhelming at times. The responsibility of navigating complex disputes and managing all the details can be daunting, but it is also an invaluable learning experience. In these situations, it is essential to lean on the support of more experienced colleagues. Their guidance can help clarify the approach to take, provide insight into potential pitfalls, and offer strategies that may not be immediately apparent. Collaboration within a team is key and makes the process of tackling challenging cases much more manageable and strategic.

    After years of being a partner at Khaitan & Co, what motivated you to set up your own chambers? What differences in work dynamics and opportunities have you experienced since establishing AG Chambers?  

    Transitioning from a partner at Khaitan & Co. to setting up my own chambers was driven by a desire for greater autonomy, flexibility, and the opportunity to shape a personal brand that aligns with my professional aspirations and personal values. While my time at Khaitan & Co. provided invaluable experience and exposure, I recognized that to truly explore specific areas of law that resonated with me and to engage with clients in a more meaningful way, I needed the freedom to build something of my own. 

    One of the most rewarding aspects of running my own chambers has been the ability to cultivate more direct, personal relationships with clients. This deeper engagement has allowed me to gain a more nuanced understanding of their needs and challenges. Rather than focusing solely on legal issues, I am now able to take a more holistic approach, offering solutions that take into account both the legal and personal aspects of each case.

    Additionally, there is now a greater sense of responsibility, particularly in the area of business development. Now I am involved not only in legal work but also in the growth and strategic direction of the practice. This responsibility has been both challenging and fulfilling. There is also a constant drive to innovate and diversify the areas of work we handle, ensuring that the practice stays relevant and offers comprehensive services to our clients.

    Ultimately, it has brought a renewed sense of satisfaction. The ability to shape my own legal practice, work directly with clients, and create a culture that reflects my values has been incredibly rewarding. It has given me the opportunity to work on projects that I am passionate about, collaborate with a talented team, and continuously grow both professionally and personally.

    Your transition from being a Partner at Khaitan & Co. to setting up AG Chambers must have been significant. What challenges did you face in establishing your own practice, and how did you overcome them?  

    Stepping away from a prestigious firm like Khaitan & Co. to establish my own chambers certainly came with its own set of challenges. Starting from scratch—essentially restarting my practice—required not only a clear vision but also meticulous planning, resilience, and an unwavering determination to succeed. 

    Running a legal practice involves much more than simply practicing law. From securing office space and setting up the infrastructure, to managing IT systems, accounts, and day-to-day operations, there are many moving parts to consider. Building a team that shares the same commitment to excellence and values is crucial. In addition to internal office management, I also had to convince both existing and potential clients to take a chance with a new establishment. 

    Fortunately, I was able to ride over the hurdles along the way by leveraging my work experience and network which I have developed over the last 15 years in the profession. I have also been fortunate enough to stitch together a strong, talented and active team, who share my vision and are passionate about the legal profession. 

    I am quite pleased to say that AG Chambers has in a short span of time, grown rapidly and developed a sizable client base.

    Legal practice, especially in high-stakes arbitration and commercial disputes, can be incredibly demanding. What are some of your favorite ways to unwind and maintain a work-life balance amidst such a fast-paced career?  

    A lawyer’s life, by nature, comes with its fair share of professional hazards. The unpredictable nature of the job means that court matters and deliverables often clash, urgent briefs may arrive late into the night, and clients may impose tight, sometimes steep deadlines. This constant pressure can make it feel as though the work is never-ending.

    However, the key to managing these challenges lies in effective prioritization and, perhaps more importantly, knowing when to call it a day. It’s easy to fall into the trap of working continuously, but the reality is that the work will always be there. Learning to set boundaries and manage your time efficiently is essential not just for professional success, but for personal well-being as well.

    Ultimately, taking care of oneself is crucial. I believe it’s important to make time for activities outside of work that help you recharge. For me, that often means diving into a good book, unwinding with a Netflix show, or enjoying a meal out with friends or family. These moments of leisure allow me to decompress and return to work with renewed energy and focus.

    Get in touch with Aditya Ganju –

  • “Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession.” – Amrita Panda,  Advocate-on-Record at Supreme Court of India.

    “Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession.” – Amrita Panda,  Advocate-on-Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience in the legal field, what initially inspired you to pursue a career in law? How did your time at National University of Juridical Sciences, Kolkata, influence your understanding of the law and shape your career path?

    In school I used to love reading Perry Mason and John Grisham. Perry Mason navigating through difficult witnesses with elan and convincing the jury of the innocence of his client caught the fancy of a dreamy eyed teenager, and thus, with no family background in the subject I went to write the NUJS entrance exam. In college I actively participated in tons of moot court competitions and the adrenaline rush I got every time I was bombarded with questions from moot court judges (who are never kind!), made me realise that litigation was my calling. Every single internship of mine was a litigation internship and quite a few with Mr. Satish L. Maneshinde, Sr. Adv. in Bombay who in my eyes, was and still is, the real life Perry Mason. 

    My time at NUJS widened my horizons and gave me an insight into perspectives about litigation in other parts of the country, and then also globally. Ranking as one of the top institutions for law, NUJS saw a lot of talent from across the country. Being exposed to such versatile talent taught me to become open-minded not just about the profession, but also about life in general. And then of course the exposure I received from participating in several moot court competitions and internships, ultimately helped me realise my calling and shaped my career path. 

    After completing your law degree, you chose to pursue an LL.M. in Commercial and International Dispute Settlement at Queen Mary University in London. What drew you to this specific area of specialization, and how did your experience there differ from studying in India? Can you share some memorable experiences from that time?

    From my second year in college, I started participating in leading moot court competitions in international commercial arbitration. So my exposure to the subject started as early as second year of college, and now about 60% of my practise is commercial arbitration. Arbitration is a relatively new subject, at least in India which has grown at a jet speed in the last decade. In India we learnt the foundation of the subject, its origin in India, etc, but I chose the course at Queen Mary, University of London since it offered a very practise-centric course. We were taught by leading practitioners in the field and about 80% of our evaluation was hands-on training by the doyens in the field globally. While participating in the Vis East Moot we had read articles authored by Prof. Julian Lew and Constantine Partasides who were demi gods in the field for me. So imagine being taught by them at Queen Mary where they would teach a topic through real life experiences and anecdotes. My time at Queen Mary gave me the assurance I needed to remain in practise. 

    What motivated you to start your own practice, and what were the key challenges you encountered in those early stages? How did those formative experiences help shape the direction of your career? Additionally, how has your role as an AOR influenced your professional journey?

    Being a first generation lawyer, litigation was of course no cake walk, and that too in Delhi where I started in 2012, in a city that was absolutely new to me. I was fortunate to be mentored by Mr. Rajshekhar Rao, Sr. Adv. during my initial days in Delhi. After my time in his chamber, Debesh, my husband, pushed to start my own practise. With his support and encouragement, I decided to take the plunge, and since then I have not looked back. Setting up a practise in Delhi has been an uphill task, but I am blessed with very good seniors and mentors who have always looked out for me. I have also had very supportive clients who have been the best reference for me, and slowly yet steadily I managed to establish a very very tiny foothold in this city. 

    Becoming an AoR in 2022 was a good decision. I feel the AoR badge opens up more avenues, especially as a first-generation lawyer. You become acceptable and eligible for certain empanelments as an AoR and in Supreme Court, as young counsel, if you are arguing your own brief, judges definitely acknowledge that. 

    When preparing for complex cases before the Supreme Court of India, what is your approach? What has been one of the most interesting cases you’ve handled, and how did you approach it especially if you could share insights that might benefit young readers?

    Usually by the time a matter reaches the Supreme Court, it has been through several rounds of litigation and all possible issues would have been thrashed multiple times in the Courts below. In such a scenario, identifying that one point which will convince the Supreme Court to interfere in the matter, is the real challenge. 

    In 2017 – 18 I was doing a Civil Appeal before the Hon’ble Supreme Court of India which was arising from the Satyam Scam issue and it involved interpretation of SEBI’s Insider Trading Regulations. This matter involved analysing the securities law aspect as well as connect criminal law aspects arising from the alleged transactions. This was probably one of the most challenging, yet rewarding matters in my career so far, not just because of the complexities involved in the matter, but also because final arguments before the Supreme Court took place in this matter happened in about 2 weeks after I had delivered my son. Because of the complexities involved, we were not in a position to take adjournments in the matter and having prepared the matter with so much labour with leading senior advocates over the last few months, I was reluctant to give up on this matter. 

    Ten days after closing final arguments in the matter, the judgment by the Supreme Court has probably been a victory in my career that I cherish the most purely because I know the kind of odds I faced not just dealing with the complex legal issues within a very short timeframe, but also dealing with my personal situation. This matter taught me that hard work is always rewarded irrespective of the odds, and if you have been dedicated with your work, the universe conspires in miraculous ways to fulfil your dreams. 

    You’ve handled numerous outstation cases across various High Courts and Tribunals throughout the country. What motivates you to take on cases beyond your local jurisdiction, and how would you describe your experience working in different courts?

    As a first generation lawyer, I always joke about the fact that I am ready to argue a matter even before a lamp-post! I was just delighted to get the opportunity to argue, the location of the Court mattered little to me. Being an outsider to Delhi, I started getting some briefs before the Calcutta High Court, Bombay High Court, etc in the initial days of my career. Gradually my practise developed in such a way that I have appeared before most high courts of the country, I have also appeared in several district courts and Tribunals outside Delhi. I feel out-station appearances gives you an insight into peculiar cultures of different courts and enriches you as a lawyer. Also, arguing matters before different high courts as a young counsel has given me recognition with judges who have later been transferred to other High Courts or the Supreme Court, and with counsels of those Courts who have thereafter referred matters to me in Delhi. 

    Given your trial experience before the Competition Commission of India, how do you see the role of the Competition Act in regulating business practices in India, and what challenges do various entities face in ensuring compliance with its provisions? 

    The Competition Commission of India has been playing a very active role in monitoring business enterprises in India irrespective of their size and spread of operations. In fact in 2023 the Hon’ble Supreme Court held that all Public Sector Undertakings also come within the purview of the Competition Act, 2002. In recent times CCI has passed ample orders and judgments in different cases in relation to the alleged anti-competitive conduct by Google. Upon coming to a finding of anti-competitive conduct, CCI is imposing large penalties on business giants like Meta. All of this I think goes on to infuse a sense of predictability and certainty in the market. With the regulator playing such a pro-active role it goes a long way in gaining the confidence of the business community and provides a secure and encouraging environment for smaller new and emerging business entities. 

    As an arbitrator appointed by the Delhi High Court, what has been one of the most challenging arbitration cases you’ve handled? In your opinion, how do you foresee the future of Alternative Dispute Resolution (ADR) evolving, particularly with the increasing integration of technology into the legal field?

    I have been most fortunate to have been appointed as an Arbitrator by some judges of the Hon’ble High Court of Delhi. Sometimes as counsel, we do not realise the challenging task that judges shoulder day in and day out, coming prepared for so many matters and then listen to both counsels contend their sides and then arrive at a conclusion which is sound in reasoning and backed up by authorities so as to minimise the prospect of a challenge. The role as an Arbitrator is a mini trailer of what the judges do everyday and it makes you realise how difficult and daunting it can be to sit in that chair. 

    As a counsel in the latest 7 judge bench matter of the Supreme Court in the field of arbitration, I was witness to the Hon’ble Supreme Court overturning its decision of the 5 judge bench in less than a year in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, and playing a pro-active role in upholding India on the global stage as the new hub for commercial arbitration. What was most stunning is that for the hearing which continued over a week, with voluminous submissions made by the stalwarts in the field, there was not a single paper in the courtroom. The room did not seem inundated with reams of paper which is what used to be the normal in every courtroom until even a few years back. All judges and counsels were relying on their respective devices and the matter continued seamlessly over a week. I think a silver lining at the end of Covid 19 has been the openness to technology which has surely made the legal fraternity more environment friendly. 

    Representing doctors in matters related to the constitutional validity of the West Bengal Clinical Establishments Act must have been a demanding experience. Could you elaborate on your approach to the case and the challenges you encountered while navigating the constitutional aspects of the matter?

    Considering that public health and medical profession as a field are adequately regulated by parliamentary legislations being an Entry under List 1 of the Constitution, this Act had been challenged on various grounds as being repugnant to parliamentary legislations and being violative of the Constitution. Being a daughter of a practising doctor, this matter was more of a personal matter for me. When a writ petition had been filed before the Hon’ble Supreme Court by the group of doctors, the Supreme Court sent the matter back to the High Court for the High Court to take a preliminary look at the constitutionality of the Act. Before Calcutta High Court the constitutional aspects were very well appreciated, the enactment much watered down and in fact, as on date in fact the Hon’ble High Court has passed several orders where the powers of the Regulatory Commission under the Act has been significantly watered down and several Orders and Advisories passed by that Commission are repeatedly quashed by the Hon’ble High Court on inter alia on grounds of being unconstitutional. 

    With your diverse roles as an AOR, Arbitrator, and counsel in high-stakes constitutional cases, what do you believe is the most important quality law students should develop to succeed in the legal profession? Additionally, can you recommend resources that would help them stay updated on the latest legal developments?

    I think the most important asset in litigation is patience. I have seen many talented legal minds quit the profession due to lack of patience. This profession is a slow burner, so you will always have a slow start. But if you have the patience and the family support to struggle through the initial few years, this profession is also very rewarding. I don’t think you can ever feel that you have reached your peak in the profession. Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession. I keep joking that the Supreme Court is probably one place where you will find the fittest grey hair running around like teenagers all day. In my early years in the profession, I had the opportunity to assist Mr. Fali Nariman, Sr. Adv. in a few matters. The twinkle in his eyes every time we would find an argument to counter the other side was no different from a 5 year old who has just figured out all the pieces in his jigsaw puzzle. 

    One thing I always keep learning from the younger lawyers is the ease with which they embrace technology. I have benefitted hugely by gracing technology into my daily work life, but I can also say that it would have been impossible without the tutoring from my very able younger colleagues in the office. These days all resources are available online and now with AI coming in, soon legal research will probably become even easier than what it is now. But a word of caution for younger lawyers, to always verify content generated by AI. At least till now AI has not been able to replace the human excellence and inter-personal nature which I think is the bedrock of our profession. 

    Given the intense nature of your professional commitments, how do you manage to maintain a balance between your professional responsibilities and personal life?

    I don’t think it is possible to balance the two. I feel we are always juggling between professional responsibilities and personal life and struggling to ensure that the ball does not drop. At all points of time, you need to prioritise one over the other and make a decision which you can justify, at least to your conscience. As a mother to a 6 year old, I realise the importance of being present for my son. But what I am most grateful for is that he realises that his mother is a happier person, hence a happier mother (who he finds easier to mould!) if she has had a good day at work. Our profession allows us to take vacations at fairly regular intervals and luckily most of our vacations coincide with school holidays giving us ample opportunity to enjoy quality time with family. That is how we manage to keep the circus going! 

    Get in touch with Amrita Panda –

  • Charting a Path in Cyber and Technology Law: A Journey of Innovation, Challenges, and the Evolution of Legal Practice. – (Dr.) Karnnika A Seth, Cyberlaw Expert, Author & Educator, and Founder of Seth Associates Law Firm.

    Charting a Path in Cyber and Technology Law: A Journey of Innovation, Challenges, and the Evolution of Legal Practice. – (Dr.) Karnnika A Seth, Cyberlaw Expert, Author & Educator, and Founder of Seth Associates Law Firm.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Ma’am, with over two decades of experience, when most people didn’t know about cyber laws, intellectual property laws, let alone media laws, what initially inspired you to pursue a career in this field? And what led you to study at the most prestigious King’s College, London? How did you choose this as your specialization?

    Very interesting question at the outset. Well, if I look back at my journey in this field of law, it’s been very fascinating. It’s been evolving just like the dynamic nature of law and technology. Way back when I was studying at Delhi University, I did my law from DU, and at that time, the IT Act 2000 was just enacted, and we were very fascinated to see a new law being enacted in India.

    We were looking at what exactly the nuances of this new field would be, what the challenges would be. Everything was so new that this field of law made me very inquisitive about what could be the legal issues that would arise, considering the inherent nature of the internet would be borderless.

    You know, questions like, will the conventional laws still apply in this medium? How will it change the way people work? How will it change the way people communicate? What kind of complications could arise? For example, jurisdiction issues: if two parties were interacting and contracting online, and there was a dispute, which court would be the right forum to decide? Because there is no global internet court, and there is no global internet law. So that was very, very interesting to think about, and I wanted to read more in-depth into this field, research it further, and contribute to it.

    So, I think it’s basically the fact that it was a completely new and unsaturated area, completely new to explore, and I always like to explore something that is an uncharted avenue of our subject. It makes you brainstorm. And I wanted to do this brainstorming in the field of law.

    And that’s what really kept me energized. Even today, I still feel like a student. Every day, there is so much to learn. So I may have been here for 25 years, but I still feel just like a graduate would. There is so much to learn and contribute. 

    In your early stages, you must have obviously, like us, faced a lot of challenges. There must have been a variety of experiences. As you said, the IT Act had just entered and became a reality. How has all of this understanding helped you make a niche for yourself in technology law? How did you decide where and when to start, what kind of practice you should do, and how you should approach it?

    You are also majorly involved in training and developing public policies with the government sector. How have you shaped your practice around this?

    Well, as I said, the field was unexplored at that time. It was very new. And I wanted to do anything and everything under the sun because this is, you know, learning. And when you’re learning, you can contribute in multifarious ways. As we say, this was a road less traveled, and I took that.

    When I looked at the way in which I could basically learn and gain more experience, I looked at the IT Act. Then I also looked at what was happening across the world. When I studied at King’s, we understood that the approaches to the same issues really varied across various jurisdictions. So we had professors, and we had interactions from different jurisdictions across the world. And with those perspectives and the kind of debates in the classrooms, we discussed issues like criminality. For example, how would criminality apply in the metaverse today? Can we say an avatar is responsible for committing a crime? Is the player liable if it’s an assault in a game that leads to some sort of mental shock to a user? How would one impute criminality in such a scenario?

    We also discussed how jurisdiction would apply if a person commits a crime in one location and damages critical infrastructure in another country. If while deciding a court’s jurisdiction for example, if the protective principle applies, then the courts would pass orders. How would one go about enforcing those orders? These kinds of cross-jurisdictional issues were really at the helm of discussions even at that particular point in time.

    If you look back, the IT Act, when it was just a basic Act, and the way technology developed, the industry grew, cybersecurity became a huge area in itself because with the rising crime, the industry had to catch up. Cyber safety tools were being floated, right from a basic antivirus to spyware to firewalls, and other kinds of technologies. Nowadays, we have blockchain, VPNs, data loss prevention software, and many network safeguards.

    So as the industry developed, they also needed legal compliance, and legal advice. I started advising companies on various issues linked with cyber law, which was also interesting. I helped frame their policies, shape their HR policies, social media policies, and tackled tricky issues like whether companies could scan employee emails in the name of productivity. These policies became very important as e-commerce grew.

    So in this way, my role became more advisory. I was also involved in education. I taught cyberlaw at the Indian Law Institute and Amity University. In fact, I was part of the first batch of PG Diploma in cyber law at AmityI completed after LLB from Delhi University, and that was a significant encouragement and motivation for me to learn more about this field. That was just the beginning, I would say. Then I went on to study Masters at King’s and further pursued my Ph.D. in cyber law.

    It’s been a fascinating journey, but as far as contributions are concerned, there was a need for capacity-building in the country because law was changing. Cybercrime increased phenomenally, so I dealt with those cases, represented clients in various forums, and assisted law enforcement bodies. I also worked on educating and training judicial academies and police academies across India.

    And then came writing, which is also a passion I followed and pursued. I wrote my book on computers, the internet, and new technology laws, which was released in 2012. We have a third edition, the latest edition in the market now. I’ve been writing extensively on this subject, and since it’s been changing so fast, we’ve already had 3 editions since 2012. So you can imagine. This is also one way in which technology has positively impacted me and helped me contribute better to society.

    How do you see the advent of artificial intelligence shaping the kind of technology law that we have? How is it going to influence not only the legal system but all systems, especially the defense system, as you are with the DRDO right now, advising them in different capacities? How do you see all of this being impacted by international AI acts as well? There are so many of them from which we also take a lot of references, like with the DPDP Act, as it happened. Where do you see we lie with artificial intelligence, and what kind of track are we going to take? Obviously, it can only be speculation.
     I’ve been advising the government for more than two decades now, and in my personal experience, it’s been a very enriching journey. The way we have shaped our laws and looked at technology, it’s been a very liberal and progressive approach.

    I do believe, and firmly believe rather, that one should allow technology to advance liberally and support R&D in the country because, truly, India, when we say ‘Make in India,’ ‘Viksit Bharat,’ or ‘Digital India,’ we have seen this revolution, and it is ongoing and in process.

    We are already working towards India at 2047. Looking at that, we are building our roadmaps, and plans are already being implemented. It’s not just in one department; I’m talking about the Ministry of Law, Ministry of Defense, Ministry of IT and Telecom, Ministry of Home, for example—they’re all trying to bring in coordination. There’s scope for more, but with the adoption of the PPP model we see now in AI, India’s AI projects are truly creating a platform for India to progress in the right way.

    There is going to be minimum regulation because if you put too much regulation, it’ll stifle the growth of the industry, and that’s the approach of the government as well. But I do feel that high-risk systems need to be regulated immediately because they can play havoc with people’s lives and bring destruction to countries.

    For that reason, I strongly advocate that there should be a regulation. In fact, in my mind, there should be a separate regulation for AI. As a voluntary initiative to support G20 and as country chair of G100 for AI and cybersecurity, I drafted a proposed code, a proposed Act for India on AI.

    I would like the government to consider it, and in various roundtables with the Honorable Minister, we’ve had discussions. We know the DPDP Act is already there in the offing and it will have provisions for high-risk systems that need to be prohibited and regulated. There will be some regulation to that extent.

    Although I think we’re still far away from having separate AI legislation because there’s no talk on that right now, but you never know. The way technology is progressing, I think this will become indispensable very soon. Let’s see how it goes, but so far so good.

    The government is taking a lot of interest and initiative, and we are truly world leaders in the ‘Make in India’ space, and I think the law will support the government’s approach and initiative because it’s in the interest of the industry.


    With India being quite active in AI, there has been a lot of conversation surrounding its cultural and diversity impact. Ethical concerns and language considerations are important, but cultural aspects must also play a significant role. Where do you see this intersection of culture, ethics, and AI impacting society, and when will these changes be realized by the common man? Currently, a lot is happening at the policy level, but how do you foresee it affecting society when it becomes a reality, especially given that India is a leader in AI yet culturally diverse? How do you see India impacting the global AI scene with its own AI Act, coupled with cyber and intellectual property laws?

     I believe we have already started exploring the key pillars of AI ethics. I’ve been involved in developing ethical frameworks, particularly in national projects and educational institutions, such as my role as a professor at Vivekananda Institute of Professional Studies (VIPS). Here, we’ve introduced an ethical framework for AI, which reflects global principles such as transparency, justice, inclusiveness, sustainable development, and bias elimination. These principles are endorsed globally, though regulations can vary by jurisdiction. In India, while we don’t yet have an AI Act like the EU, we are working on provisions for AI regulation.

    On the industry side, AI development is progressing rapidly, with models being developed for multilingual AI systems that consider India’s diverse languages and cultural contexts. This is already ingrained in the AI models being developed in India, and as a result, the laws need to reflect these cultural nuances as well. However, these laws must also be globally synchronized, given that AI models or data may eventually travel outside India for processing or storage, requiring compliance not only with Indian laws but also global standards.

    Take, for example, the GDPR and its standard contractual clauses (SCC) for data transfers. Similarly, India’s DPDP law also addresses these concerns. While we have cultural diversity, the core principles, like data protection, remain universal. Therefore, I believe we need a harmonized framework that works both for India’s unique needs and the broader global landscape.

    Moreover, there are also concerns about data ownership and intellectual property when training AI models. A current case before the Delhi High Court involving ANI and OpenAI raises these issues, questioning whether permission is required for using copyrighted material in AI training. Such cases highlight the need for clear regulations to determine how intellectual property laws apply to AI and data usage for training.

    AI regulation is already becoming a pressing matter, and I believe it will require global cooperation to set clear principles and enforce them. The lack of a universal convention on cybercrime and AI further complicates enforcement, even when jurisdiction is assumed.

    You’ve managed so much despite being an author, professor, advisor, and now a law firm founder. What motivated you to start your own law firm, especially considering your already extensive involvement in cyberspace and AI law?

    The main driving factor behind starting my law firm was the desire for flexibility. I wanted to contribute to the legal field in multiple ways, integrating the knowledge I gained in various roles—whether it was teaching, advising, policy-making, or litigation. Each experience enriched my understanding of the law, and I believed it was essential to bridge the gap between legal theory and practice.

    Through teaching and advising, I gained deep insights into the law’s practical challenges. When engaging with Public policy, I was able to identify gaps that needed to be filled. For instance, there were complications in the law around intermediary content removal, and after handling cases such as the one involving HubPages and a spiritual guru, I realized how critical it was for the law to evolve with changing technology.

    This interdisciplinary approach—combining litigation, advisory work, policy-making, and teaching—allowed me to contribute meaningfully to law reforms in India, especially in areas like data protection and AI regulation. By establishing my law firm, I could consolidate these experiences and provide a platform for further contributions to legal practice and public policy.

     You’re also well known for your work in women and children’s empowerment, especially in the context of cyber safety. Can you elaborate on your work with organizations like UNESCO and ICMEC, and how these global initiatives are being adapted or modified to protect Indian women and children online?

     Child protection and women’s empowerment have always been at the core of my work, particularly in the realm of cyber law. Online harassment and digital abuse were rising concerns, especially as many women and children lacked awareness of the risks and legal protections. The existing laws were inadequate, and that’s what prompted me to focus on researching and advocating for stronger protections.

    In 2015, I wrote the first book in India on child protection on the internet, which later became the subject of my PhD thesis. In this, I proposed various reforms to strengthen laws such as the Juvenile Justice (JJ) Act and the Protection of Children from Sexual Offences (POCSO) Act. Additionally, I’ve written extensively about women’s rights against cybercrimes, including a book on cyber safety for women.

    Through my work with organizations like UNESCO and ICMEC, I was able to contribute to global policy discussions on child protection and cyber safety. In India, I’ve helped tailor these global frameworks to suit our local context. For instance, I established a not-for-profit organization that focuses on awareness-building in schools and colleges, empowering women and children with cyber safety skills and best practices.

    During the COVID-19 pandemic, we conducted over 50 webinars to raise awareness about online scams, fake emails, and malicious content targeting vulnerable populations. We were able to educate women, children, and educators on how to protect themselves from online threats, and the response was overwhelmingly positive.

    These efforts were particularly rewarding because we saw tangible changes, with many women and children reaching out for guidance, and schools actively engaging in cyber safety education. Through these initiatives, I believe we were able to mitigate harm and empower individuals to navigate the digital world more safely.

    You have also worked extensively in intellectual property protection, particularly in the digital space. Could you share some of the primary challenges you’ve faced in this area and how industries have reached out to you for solutions? Given the rising importance of digital platforms, how can businesses better protect their intellectual property?

    Intellectual property (IP) has grown tremendously over the years, and new laws were needed to address these changes. In the early days, it wasn’t clear whether domain names could be protected like trademarks. But over time, legal clarity emerged, affirming that domain names could indeed be protected as trademarks. I’ve had the privilege of serving as an arbitrator for the National Internet Exchange of India, where I resolved many cross-border disputes involving “.in” domains.

    The expansion of cyber litigation, especially in areas like music piracy, video piracy, and film piracy, has been notable. I also advised Prasar Bharati in overhauling their royalty contracts, ensuring they accounted for the rise of the internet. Many of their contracts, at that time, did not even mention the internet. More recently, we’ve worked on updating these contracts to align with today’s technological landscape.

    Governments and industries are now paying more attention to policies that govern emerging technologies, including AI. In this context, governance and audits have become essential. We must ensure that businesses are not collecting unnecessary data, that the data being used is unbiased, and that proper security measures—such as encryption and data redaction tools—are implemented.

    The protection of trade secrets, copyrights, and trademarks through registration is fundamental. However, in the case of trade secrets, businesses must ensure confidentiality through other means. The development of new technologies, including AI-generated images, music, and art, raises questions of ownership. Who owns AI-generated art—the person who provided the prompt or the AI system itself? These are some of the challenges businesses face, and it’s crucial for them to adopt encryption, anonymization, and pseudonymization to protect sensitive data.

    Moreover, sectors like the social sector, which deal with sensitive data such as donor and beneficiary information, must ensure that data is encrypted and stays within the country. I’ve been advising these sectors on policies, ensuring they comply with legal frameworks. Protecting confidential information is not just the responsibility of the government; the industry must also play its part by adhering to these laws.

    The PPP model is vital. It allows for a collaboration between government resources and industry expertise. The government brings its authority and resources, while the industry contributes its technical know-how and capabilities. When both sectors work together, it results in a win-win situation that benefits the nation’s progress.

    How would you guide aspiring lawyers looking to specialize in fields like media law, cyber law, or IT law, which are expanding rapidly? What skills should they focus on, and are there any particular books, journals, or individuals they should follow?

    To make a meaningful contribution to this field, aspiring lawyers must have the right mindset. You should always consider yourself a student, as there is always more to learn. If you think you know everything, that’s the end of real learning. Passionate research is also key. You cannot delve into the depths of these fields without thorough research and understanding different perspectives. It’s essential to look at how different jurisdictions address similar challenges and tailor those solutions to India’s context.

    Perseverance is another crucial trait. The journey in this field isn’t always easy, and you may face challenges along the way. But consistency and hard work will bring results. The legal profession is full of ups and downs, and while your views might differ from others, time often proves the validity of your perspectives. The world changes, and sometimes the policies you advocate for today become essential in the future. Being open to criticism is important, as it helps you grow.

    Cyber law and IP law are highly specialized fields. Today, we have DPDP laws, AI laws, and entire branches dedicated to IPR, all of which often intersect. A lawyer working in this space needs to have a broad understanding of various legal issues. These fields cannot be treated in isolation, as cases often involve multiple areas of law.

    There are wonderful resources available today that were not accessible when we started law practice. The proliferation of e-learning platforms, educational apps, and online courses is a game-changer. I have personally taken courses such as the Cybersecurity CS50 from Harvard University, which was a fantastic experience. These online platforms provide a wealth of knowledge, allowing students to access information from anywhere.

    Additionally, portals like Manu Patra, SCC Online, and government-backed platforms like Swayam and E Pathshala offer free courses that cover a wide array of subjects. There are also incubation centers at institutions like DSCI and NASSCOM that promote startup culture, which is an excellent opportunity for students to learn hands-on and learn about  new technologies.

    Get in touch with (Dr.) Karnnika A Seth –

  • “This consistent engagement with the court not only hones your practical skills but also fosters a deeper understanding of legal processes and the nuances of each case.” – Sumit Saddi, Advocate at Punjab and Haryana High Court.

    “This consistent engagement with the court not only hones your practical skills but also fosters a deeper understanding of legal processes and the nuances of each case.” – Sumit Saddi, Advocate at Punjab and Haryana High Court.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What initially motivated you to pursue a career in law? Specifically, what led you to explore multiple areas such as service, civil, consumer, and criminal law?

    Initially, becoming a lawyer was not my first choice. I had always aspired to be an Army officer, and even as I was filling out my forms for law school, I was actively preparing for the CDS exam. However, I was selected for a law college before I could pursue that path. Coming from a family with a background in civil servants, I have always been inclined towards securing a position in a government organization. My decision to pursue law was a significant and transformative one, both for me and my family. During my preparation for law school entrance, as I delved into the Indian Constitution, I found myself deeply connected to the evolution of the country post-1947. It sparked a strong sense of purpose in me, and I realized how impactful law can be in shaping the future of our nation.

    Coming from Chandigarh, a tier-2 city, I have come to realize that while the opportunities in corporate law and other specialized fields may be more limited here, it offers a unique and valuable chance to engage deeply with various areas of law, such as service, civil, and consumer law. This environment allows for a more profound understanding of the legal system. In my perspective, anyone looking to start their practice in law should begin by working with district courts and revenue authorities, as they represent the very foundation of our judicial system. Engaging with these entities not only offers a closer connection to the pulse of our legal framework but also provides essential experience in understanding how justice is administered at the grassroots level, which ultimately shapes the broader legal landscape.

    Reflecting on the early stages of your career, could you share some pivotal lessons or experiences that had a significant impact on your legal understanding and contributed to your professional development?

    As I mentioned earlier, I began my practice at the district courts, where my legal journey immersed me in the dynamic world of courtroom proceedings. One of the most crucial aspects that shaped my legal understanding was the art of cross-examination. This stage of the trial process has always fascinated me, as it offers profound insights into human psychology, behavior under pressure, and the intricacies of how individuals navigate high-stakes situations. Conducting cross-examinations on my own provided me with invaluable lessons, not only honing my legal skills but also deepening my understanding of the human condition.

    What concerns me, however, is that the art of cross-examination seems to be gradually fading. I believe this shift is partly due to the growing trend among young advocates to pursue careers in corporate law or other specialized forums, which often overlook the significance of this crucial skill. In my view, cross-examination is not merely a legal tactic but a philosophical exercise in understanding the complexities of truth, human behavior, and the pursuit of justice.

    As a panel advocate for several Government organizations, how do you approach case strategy, particularly in complex matters like land acquisition and service-related disputes?

    In complex matters such as land acquisition and service-related disputes, it is crucial to have a deep understanding not only of the law itself but also of its origins, scope, and underlying objectives. When you truly grasp the scope and purpose of a legal issue, it becomes easier to make informed decisions and strategically approach the matter at hand. Without this foundational understanding — without knowing why a particular law or rule was established and what its purpose is — it becomes much harder to navigate the complexities of the case. In my view, the answers to such intricate legal matters often lie in the origins of the law itself, as understanding its roots provides the clarity needed to address the issue effectively.

    From your experience, what are some of the most challenging constitutional or statutory issues you’ve faced in your legal practice? How do you address such challenges in litigation?

    One of the most challenging constitutional or statutory issues I’ve encountered arises when the remedy does not lie with ordinary courts, and we are compelled to approach the High Court or the Supreme Court directly through writ jurisdiction. In such cases, the High Court often has a broader scope when it comes to constitutional remedies compared to the Supreme Court. The difficulty in these situations lies in the fact that essential elements of the trial process, such as cross-examinations and intent, are often bypassed when we directly approach these higher courts.

    Addressing these challenges requires a nuanced approach to drafting. I personally prefer to draft my writ petitions in an argumentative style. While many lawyers may not adopt this approach, I believe that when the only available remedy is through the High Court, one must put in their utmost effort. The court often relies heavily on the written submissions, and so the quality of the written material becomes paramount. While oral arguments are certainly important, it is the written presentation that shapes the outcome of the case.

    In my view, it’s not enough to merely present questions to the court; it’s essential to provide potential solutions and alternative options for addressing the issue at hand. This, to me, represents one of the biggest challenges we face in legal practice – preparing a case that doesn’t just question the law but offers thoughtful, well-grounded answers to the court, thereby advancing the resolution of the matter.

    How do you interpret Section 85G of the ESIC Act, and what are the key legal challenges you encounter when handling disputes under this provision?

    Section 85G of the Employees’ State Insurance Corporation (ESIC) Act holds significant importance in addressing the enforcement of provisions under the Act, particularly when it comes to ensuring compliance with the obligations outlined for employers and employees in relation to the ESIC. This provision empowers the Corporation to impose penalties for non-compliance, making it a critical tool for ensuring that the objectives of the Act are met—namely, the provision of social security and health benefits to employees in the event of sickness, maternity, disability, and death.

    The key legal challenge I often encounter when handling disputes under Section 85G is interpreting the balance between punitive measures and the broader purpose of the ESIC Act, which is rooted in providing social protection to the workforce. The difficulty lies in assessing whether the penalty provisions, as enforced under this section, are being applied proportionately, keeping in mind the primary objective of promoting welfare and not merely punishing non-compliance. Often, issues arise surrounding the applicability of penalties, the scope of employer responsibilities, and the extent to which employees’ rights are being upheld.

    In interpreting Section 85G, it’s essential to understand the foundational purpose of the ESIC Act: to ensure that employees have access to medical care and financial security, particularly in times of distress. If we focus solely on punitive measures without aligning them with the object of welfare, we risk undermining the core philosophy of the Act, which is to act as a safeguard for the labor force.

    The challenge, therefore, is not only to navigate the technicalities of the law but also to approach it with a broader understanding of its ethical and social purpose. In disputes under Section 85G, I believe that the resolution should always aim to ensure that the spirit of the Act—social welfare and protection for employees—remains intact, even as we address compliance and enforcement issues. In this way, the legal process becomes a means not just of legal correction, but of fostering a more just and supportive system for workers.

    In your capacity as empanelled counsel for Government Organisations, overseeing more than 100 land acquisition cases in Mohali, could you discuss a particularly complex case and the approach you took to ensure a fair resolution of the legal challenges involved?

    As an empanelled counsel for various Government Organizations, I have had the privilege of overseeing a wide range of land acquisition cases, including over 100 cases in Mohali. Land acquisition cases, by nature, are often intricate due to the interplay between legal rights, public interest, and the social impact on the affected individuals.

    One particularly complex case that stands out involved a dispute over the compensation and rehabilitation provisions for landowners whose land was acquired for a public infrastructure project. The case was challenging not only due to the legal technicalities involved but also because of the deep emotional and economic impact on the affected parties. In such cases, the legal process isn’t just about determining compensation—it’s about balancing public interest with the rights and welfare of individuals.

    My approach in this case was twofold: firstly, to ensure a thorough and comprehensive understanding of the legal framework governing land acquisition, including the constitutional principles of fairness and just compensation. This required an in-depth review of the relevant statutes and precedents, as well as the specific nuances of the land acquisition process in Mohali.

    Secondly, I sought to address the human element of the case by engaging with the affected parties in a constructive manner. I believe that the resolution of such disputes must go beyond the rigid application of law; it must take into account the broader social impact. To this end, I emphasized the importance of fair compensation, not just in terms of monetary value but also in ensuring proper rehabilitation and resettlement for those affected.

    Throughout the legal proceedings, my primary focus was on ensuring that the rights of the landowners were protected while also upholding the public interest. By presenting well-reasoned arguments, addressing both legal and human considerations, and seeking a fair resolution for all stakeholders involved, I was able to guide the case towards a resolution that was just, equitable, and aligned with the broader goals of the land acquisition process.

    Philosophically, I view land acquisition not merely as a legal transaction but as a fundamental issue of justice—how we balance the need for public infrastructure and development with the rights of individuals who are directly affected. In this sense, my approach has always been to ensure that the law serves its true purpose: not just to resolve disputes, but to advance fairness and social welfare in a way that respects the dignity and rights of every individual.

    What are the primary challenges the Legal Services Authority (LSA) faces in managing the high volume of cases it handles?

    The Legal Services Authority (LSA) faces significant challenges in managing the high volume of cases, primarily due to limited resources and a backlog that can delay timely resolution. Another challenge is ensuring equitable access to legal aid, as many individuals remain unaware of their eligibility. Additionally, the allocation of cases to qualified advocates and maintaining the quality of representation amid the large case load can be difficult.

    Philosophically, the core challenge lies in balancing the ideals of justice and equity with the practical constraints of the system. The LSA must continue evolving, utilizing technology and increasing awareness to ensure that the principle of equal access to justice is upheld, even when faced with resource limitations.

    Given your demanding professional commitments, how do you maintain a healthy work-life balance and ensure your personal well-being while managing your extensive responsibilities?

    Maintaining a healthy work-life balance, especially with the demanding nature of my professional commitments, is undoubtedly a challenge. However, I believe that a balanced life is not just essential for personal well-being but also for professional effectiveness. I approach this balance by prioritizing time management and setting clear boundaries between work and personal life.

    I make it a point to allocate specific time for relaxation and activities that nourish both my body and mind, such as exercise, reading, and spending quality time with loved ones. These moments of rest allow me to recharge and maintain the focus and energy needed for my legal work.

    Philosophically, I believe that a well-balanced life is essential to maintaining clarity in decision-making and ensuring that I approach each case with the full depth of attention and care it requires. If we are to serve others through our work, we must first take care of ourselves, as only a well-nourished mind and body can truly contribute to the well-being of others. By maintaining this balance, I am able to bring a more focused, compassionate, and strategic approach to my professional responsibilities.

    How do you define law, and what do you believe is its fundamental role in society? Additionally, which subject you liked the most while studying law? And why?

    Before attempting to answer what is perhaps one of the most profound questions pondered by leading legal theorists for centuries, I’d like to approach it in simpler terms. Law, in my view, can be understood in two dimensions: descriptive and normative. Descriptive law refers to how the law is—it encompasses the characteristics, structures, and functions of legal systems as they exist in practice. It’s the study of law in its current form, outlining how it governs society, resolves disputes, and maintains order.

    Normative law, on the other hand, concerns how the law should be. It’s rooted in ethical principles, moral reasoning, and the vision of how law ought to evolve to meet the needs of justice and fairness. In essence, it addresses the ideals, the aspirations that guide legal reform and transformation.

    Both aspects—descriptive and normative—exist simultaneously within the concept of law. This duality is what many of our great legal theorists have grappled with over time, saying: “This is what law is like, and this is how we ought to regard it.” It is in understanding this tension between what the law is and what it should be that we begin to appreciate the deeper philosophical nature of law.

    Law is not merely a static set of rules, but a living framework that both describes societal structures and, through normative claims, aspires to shape them in accordance with principles of justice, equity, and the common good. In my view, it is this interplay between the descriptive reality and the normative ideal that gives law its power and its purpose in human society.

    With regards to the second part of the question, during my law studies, I found Jurisprudence to be the most fascinating subject, as it goes beyond rules and procedures to explore the philosophy of law. It raises essential questions like “What is justice?” and “How should law reflect societal values?” What I find compelling about Jurisprudence is its ability to connect legal theory with real-world practice, making law a dynamic framework that shapes and reflects our social, moral, and cultural beliefs. It encourages critical reflection on the deeper purpose of law, emphasizing its role in ensuring fairness, equity, and justice. For me, Jurisprudence reaffirms that law is not just a set of rules but a tool for building a just society.

    What in your opinion are effective ways that can reduce the pendency of courts?

    As a lawyer who has had the privilege of engaging with all levels of the judicial system, from district courts to the Supreme Court, I have had firsthand experience of how the system operates and where the challenges lie. One of the most pressing issues I have observed in reducing the pendency of cases is the need for stronger support at the grassroots level, particularly at the district court level. The vast majority of cases affecting ordinary citizens begin at this stage, and unfortunately, we often see a shortage of well-trained, efficient lawyers at this level.

    The issue of infrastructure is another significant challenge. While higher courts may be more equipped, the district courts often lack the resources to handle the volume of cases effectively. This disparity in infrastructure and legal expertise at the grassroots level contributes to delays and inefficiencies in the system.

    We often celebrate the ‘brain drain’ when Indians excel globally in fields such as technology and science, but unfortunately, we are witnessing a similar trend in the legal profession. Many skilled lawyers are leaving the traditional legal practice in Favor of corporate careers, leading to a shortage of competent legal professionals at the district court level. If we are to reduce the pendency of cases, it is essential that we invest in building a strong legal foundation at this level by attracting and retaining talented lawyers to serve in district courts.

    Additionally, the introduction of more efficient case management systems, digitization, and the expansion of legal aid services can help alleviate the backlog. A holistic approach that includes better infrastructure, legal support, and technological solutions can create a more efficient and accessible judicial system.

    I believe that the judicial system must serve the people at every level, not just in the higher courts. By focusing on improving the quality of legal representation and the infrastructure at the district court level, we can ensure that justice is not delayed or denied, and that the system becomes more responsive to the needs of the common people.

    For aspiring lawyers or young professionals aiming to build a career in multiple areas of law, what advice would you offer? Are there any particular resources or strategies you recommend to help them stay current with evolving legal trends? Could you also share the most recent book you have read?

    Being in the early stages of my career, I believe it’s crucial for aspiring lawyers or young professionals to establish a strong foundation by reaching the court regularly and engaging with real-world cases. The prime duty of every lawyer is to be present in the courtroom, attend hearings, and ensure they are always up-to-date with the most recent orders passed by the honourable court. Once you prioritize your work in this way—by staying punctual and attentive to the finer details of each case—you will find the work becomes more manageable, and your chances of success naturally increase. This consistent engagement with the court not only hones your practical skills but also fosters a deeper understanding of legal processes and the nuances of each case.

    In addition to courtroom experience, it’s vital to stay current with evolving legal trends. I recommend that aspiring lawyers read widely—both legal journals and case law—to stay informed about new developments in law. Participating in legal seminars, webinars, and discussions with experienced professionals also offers valuable insights into emerging trends and shifts in legal practice. More importantly, I believe the pursuit of continuous learning should be a philosophy that guides one’s career. The law is dynamic, and as lawyers, we must remain adaptable and open to new perspectives and ideas.

    In terms of resources, I would suggest exploring both traditional texts and newer platforms, such as online legal databases, that provide real-time case law updates. Platforms like Manupatra, SCC Online, and legal blogs can be invaluable in staying on top of legislative changes and judicial interpretations. Above all, my advice would be to approach your career with a balance of practical engagement and intellectual curiosity—viewing the law not only as a profession but as an ongoing journey of learning and growth.

    The most recent book I’ve read is Leviathan by Thomas Hobbes. In this influential work, Hobbes explores the nature of human existence, governance, and law. He argues that without a central authority, life would be chaotic and brutal. To avoid this, individuals must give up certain freedoms to a sovereign authority in exchange for security and order, forming the foundation of the “social contract.” Hobbes’ ideas not only shape political theory but also raise fundamental questions about authority, power, and justice. His reflections on law highlight its role in maintaining social structure and preventing anarchy, offering timeless insights into the balance between individual freedom and societal order.

    Get in touch with Sumit Saddi –

  • “I would advise the young lawyer not to take shortcuts and wait till your time arrives till then he should keep working hard.” – Syed Fahim Ahmed, Managing Partner at SFA LEGAL.

    “I would advise the young lawyer not to take shortcuts and wait till your time arrives till then he should keep working hard.” – Syed Fahim Ahmed, Managing Partner at SFA LEGAL.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly 18 years of experience in law, what initially drew you to the legal profession? Was there a particular event or experience that influenced your decision to pursue this path?

    My father was an Engineer and he was always attracted towards law. While he was posted At Lucknow working as Junior Engineer in Public Works department and completed his law from Lucknow University while in service. He always said that a lawyer is a person who is always wanted by society. After completing my 12th from Boys High School  at Allahabad I got admission in I. L.S. Law College Pune, which was one of the best Law Colleges in India in 2000. 

    During your time working with Senior Advocate Mr. Anurag Khanna, what were some of the key lessons or insights you gained that significantly impacted your approach to law?

    My time working with Senior Advocate Mr. Anurag Khanna was very fruitful and a learning experience. The most significant lesson I learned was sincerity, perseverance and honesty. My senior while going through any  file of a case would always look for the best legal point available to get the case admitted on first hearing and obtained a favourable order in favour of the client. His approach was to look for the one bullet point in the case that will force the Judge to pass an order in favour of the client. 

    After gaining valuable experience under the mentorship of a senior advocate, what inspired you to branch out and start your independent practice? What were some of the initial challenges you encountered, and how did you overcome them?

    After working for around 8 years under the mentorship of the Senior Advocate I started feeling that 8 years is a sufficient time to get the insights as a junior and I should start my own independent practice. Once I started my own independent practice initially the work load was less as I had few briefs but slowly with sincerity and perseverance I was able to get more briefs. This profession needs a lot of patience and hard work. That it is really tough for first generation lawyers, who have no background in law. 

    You’ve worked on petitions under Section 391-394 of the Companies Act. Could you share your perspective on the complexities involved in such petitions and some of the challenges you’ve faced? Additionally, in your experience with liquidation matters, what do you consider to be the most common obstacles companies face in these situations?

    The provision relating to amalgamation and mergers or restructuring debt was earlier covered under section 391-394 of the Companies Act, which is now being dealt with by National Company Law Tribunal. The most interesting part was the meetings which were to be conducted of shareholders of the companies, wherein 75% voting was required to be in favour of the scheme then only the scheme of merger or amalgamation could get through. The meetings were conducted in some other cities for which we have to travel. I have participated in such meetings in Jaipur, Mathura, Agra as Chairman and alternate Chairman. The Liquidation matters are the most complex and lengthy litigation which goes on for 10-20 years without being concluded. Sometimes the companies which are in liquidation can also be revived if they have a feasible revival plan. 

    You’ve been involved in land acquisition cases for authorities like NOIDA and handled cases under the Land Acquisition Act. What legal and ethical considerations do you think are crucial in these matters? Could you share an example of a particularly challenging case you’ve worked on?

    The land acquisition matters mostly relate to the land of the farmers which are acquired by Noida and other Authorities for different purposes including Plant Industrial Development. The land acquisition cases are very fulfilling for a lawyer as the Advocate has to fight for the farmers’ rights. Recently I am working on a case wherein illegal classification was made by the Noida Authority between farmers themselves for two categories Pustaini and Gair Pustaini meaning ancestral and non ancestral land owners. The classification has been held to be illegal in the case of Ramesh Chandra Sharma by the Hon’ble Supreme Court but in spite of the judgment of the Hon’ble Supreme Court is not giving the benefit to the farmers for which we have filed various petitions on behalf of farmers and hearing is going on since past one month. 

    Your experience includes dealing with labour disputes under the Provident Fund Act and Industrial Disputes Act. What are the most common labour-related issues companies face today, and how do they typically navigate these challenges?

    The Labor Laws in India are welfare statutes tilted in favour of the laborers. That the companies are being burdened with false cases which are being initiated by the laborers against the company. The most common tactics is to work for more than 240 days in a company and thereafter leave the company to get another job at a higher salary in another company and thereafter raise labour disputes and get benefits under various Labour Laws and also demand back wages. 

    In your role assisting with high-profile criminal cases, such as the Aarushi Talwar case, what are some of the major challenges you’ve encountered in criminal law, particularly with regard to public perception and media coverage?

    In the Indian Democratic system, the media nowadays plays a very vital role as far as high-profile cases are concerned. The best part is that judges are not affected by the media coverage. While assisting Senior Advocate Mr. Anurag Khanna in the Aarushi Talwar case for the Central Bureau of Investigation. I had a chance to work for the prosecution. We were opposing the cases filed by Aarushi Talwar’s parents. The Division Bench of Allahabad High Court gave a verdict in favour of the parents of Aarushi Talwar. It was a great learning experience.

    As technology continues to play a larger role in the legal field, how do you believe it is impacting corporate litigation and legal practice overall? Looking ahead, what trends do you think will become more prominent in the next five to ten years, especially in corporate law and litigation? How do you keep up with emerging legal trends?

    Technology has been playing a very important role in law as one click we can search through lakhs of judgment. Chat GPT and AI will probably become more prominent in the next 5-10 years in corporate law and litigation. Due to technology the judges and lawyers are more updated and are aware of the judgment which is being pronounced every day by different courts throughout India. The technology cannot overtake the legal profession completely and the lawyers, clerks and judges will always be there to take forward the legal system. 

    Finally, what advice would you offer to young lawyers who aspire to make a lasting impact in their careers, particularly those with an interest in corporate and litigation law?

    The young lawyers are the light for tomorrow. I see young lawyers to be very well versed in law and technology but they are lacking patience which is the most important aspect of litigation. I would advise the young lawyer not to take shortcuts and wait till your time arrives till then he should keep working hard. 

    Get in touch with Syed Fahim Ahmed –

  • “What keeps me drawn to the profession of Law is how justice is truly poetic, not just in its finality but also in the journey that it takes to get there.” – Dr. Divyadeep Chaturvedi, Advocate on Record at Supreme Court of India.

    “What keeps me drawn to the profession of Law is how justice is truly poetic, not just in its finality but also in the journey that it takes to get there.” – Dr. Divyadeep Chaturvedi, Advocate on Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your broad experience as an AOR in the legal field, what first inspired you to pursue a career in law, and what continues to ignite your passion for it today?

    The law was not my first love, but like all great romances, it found me when I least expected it. Growing up in a small town, I saw justice as a distant grand ideal, often out of reach for those who needed it the most. At a very young age, I was able to observe and acknowledge the invisible establishments that do not allow equality to breed in society. What keeps me drawn to this profession is how justice is truly poetic, not just in its finality but also in the journey that it takes to get there. Justice, like a perfect poem, is not merely written but felt, its weight resting in the space between reason and longing. I grew into the law much like one grows into the rhythm of an unfamiliar but haunting melody. It wasn’t love at first sight, but somewhere between its Shakespearean tragedies and Wildean wit, I found my art, one that demands precision, patience and the perfect closing. 

    After completing your law degree, you went on to pursue a Master of Laws in Advanced Studies in Public International Law, specializing in International Criminal Law, at Leiden University. What led you to choose this specific university and specialization? Could you share some highlights from that experience with our readers?

    Leiden University has a rich history in international law, and its faculty includes some of the most distinguished names in the field. My decision to specialize in International Criminal Law stemmed from my deep interest in justice beyond national borders. I developed a keen interest in the evolution of this specialised field of law that addresses mass atrocities, often referred to as “crimes of crimes”. Leiden University was therefore, the only University where I had applied for my Masters as it also offers an insight into the practical aspects of international criminal law in action aided by its proximity to most of the international criminal tribunals. One of the highlights of my time there was studying under Prof. William Schabas and Prof. Carsten Stahn who was also my thesis supervisor. The experience not only deepened my understanding of legal principles but also broadened my world view on justice and accountability.

    Early in your career, you had the opportunity to intern in various insightful environments, domestic and international. Could you reflect on some of the most memorable experiences from these internships and jobs that helped shape your understanding of the law? Are there any key lessons from that time that have stayed with you?

    Early in my career, I was fortunate to intern in diverse and intellectually stimulating environments, both in India and internationally, each shaping my understanding of the law in unique ways. Working with Mr. J.N. Mathur, Senior Advocate and then Additional Advocate General of Uttar Pradesh, exposed me to the complexities of constitutional and administrative law, while my time with Ms. Indu Malhotra, Senior Advocate at the time and who later became a Judge of the Supreme Court of India, deepened my grasp of arbitration and commercial litigation. Under the guidance of Late Mr. Pawan Sharma, erstwhile Standing Counsel (Criminal) for the State of NCT, Delhi, as well as under the guidance of Ms. Manisha Bhandari, I developed an understanding of criminal law, both at the trial and appellate stages. Beyond the courtroom experiences, I had the rare privilege of being awarded the Spic Macay Scholarship that led me to working with the Tibetan Government in Exile in Dharamshala, where I engaged with human rights and international law issues and had the profound honor of meeting His Holiness The Dalai Lama. This was also a unique and humbling experience as I stayed with the monks in H.H. The Dalai Lama’s monastery in Dharamshala during my tenure there. 

    Perhaps one of the most defining experiences of my early career was my time at the Office of the Prosecutor at the United Nations Special Tribunal for Lebanon, where I had the invaluable opportunity to contribute during a pivotal moment – the commencement of the Ayyash Trial. Being witness to the transition from the pre-trial stage to the trial stage and participating in the first day of the trial was an extraordinary learning experience, offering firsthand exposure to international criminal proceedings. These experiences collectively shaped my legal perspective, reinforcing the importance of meticulous preparation, intellectual curiosity, and a commitment to justice.

    Over the years, you’ve represented clients in landmark cases like the Nithari Killings and the IPL spot-fixing case. What were some of the distinct challenges these cases presented, and how did you approach them from a legal perspective?

    Working on cases like the Nithari Killings case and the IPL spot-fixing case reinforced a fundamental truth for me – that there are no shortcuts to thorough preparation. I first worked on the Nithari Killings case as an intern at the office of Ms. Manisha Bhandari, who was representing Mr. Moninder Singh Pandher, and over the years, I progressed from being an intern on his case to representing Mr. Pandher as an Advocate on Record in the Supreme Court of India. This case has been a continuous source of learning, and I was fortunate to be led and guided by Mr. R.S. Sodhi, Senior Advocate, Ms. Manisha Bhandari, and Mr. Omkar Shrivastava, who not only allowed me to be part of their defense team but also taught me how to navigate a high-intensity, high-stakes matter. One of the greatest challenges in this case was the media and public’s tendency to arrive at unfounded conclusions long before the courts rendered their verdicts. Managing the crumbling spirits of a client who had spent years in jail, awaiting justice, was another formidable challenge. Jail visits during such a prolonged litigation are emotionally taxing, as one cannot help but feel for the client who loses hope with each passing day. The slow churn of justice, especially in death sentence cases, is a heavy burden. Each passing year is not just time lost but a test of endurance, where hope flickers like a candle in the wind, struggling to stay alight.

    You’ve been deeply committed to pro bono work, advocating for marginalized communities. What motivates you to focus on these vulnerable groups, and how do you manage balancing this crucial work with high-profile criminal cases?

    Justice, to me, is not just about legal arguments or courtroom victories. It is about who gets to be heard. Too often, the most vulnerable are the least represented. Their stories are lost in a system that moves too fast for those without power. My pro bono work is driven by a simple belief that access to justice should not depend on privilege. Balancing this with high-profile cases is not a challenge but a responsibility. The law is at its best when it serves everyone, not just those who can afford it. And if I have the skills and opportunity to make that balance possible, then that is exactly what I must do. 

    Criminal law is a constantly shifting field. How do you stay updated on recent developments and emerging trends, particularly in cases related to white-collar crimes or cybercrimes?

    The law is a living, breathing entity, constantly evolving to meet the demands of an ever-changing world, and to stay ahead in the dynamic realm of criminal law, especially in areas like white-collar crimes and cybercrimes, one must embrace learning not just as a practice but as a discipline of vigilance. It is not enough to master how the law may be used. One must also understand how it is misused, manipulated, and twisted to serve those who seek to undermine justice. For instance, in cases involving unscrupulous elements, such as the land mafia, the challenge is not merely legal but systemic, as the police machinery is too often found to be not just complicit but, at times, an extension of the very forces the law is meant to curb. To be effective, one must stay immersed in legislative developments, judicial pronouncements, and global trends, ensuring that the law is wielded as a scalpel against injustice rather than a shield for those who corrupt it.

    Passing the Advocate-on-Record (AOR) exam is no small feat. What aspects of the exam did you find the most challenging, and what strategies or preparations helped you succeed in this prestigious exam?

    The AOR exam is an arduous test, demanding not only a deep reservoir of legal knowledge but also the ability to think critically and apply the law with precision. Its true challenge lies in the depth of one’s understanding of the principles laid down by the Supreme Court. There is no room for superficiality. My approach was rooted in disciplined reading, where I meticulously analyzed leading judgments, unraveling their nuances to grasp the core principles. Drafting, however, is a skill honed over time and refined through constant practice. Some of the most valuable lessons in Supreme Court drafting come not just from the theoretical understanding of the structure of a draft, but from the process of eliminating and curing defects, ensuring that files are cleared for listing by the registry. Ultimately, success in this exam is not just about intellect, but about practice, perseverance, and the invaluable experience gained along the way.

    Outside of law, you’re passionate about poetry, music, and surfing. How do these creative pursuits influence your personal development and help you maintain a balance in managing the demanding nature of your legal profession?

    Poetry, for me, is a way of making sense of the world. It is where I find my voice beyond the courtroom, where I explore life not through statutes but through metaphor and rhythm. Law, much like poetry, allows for interpretation in the face of ambiguity.

    Music is another language by itself. As a DJ, I know that a well-placed beat can shift an entire room’s energy, just as the right argument, delivered at the right moment, can turn the tide of a case. Mixing music is an art of timing, of intuition, of knowing when to hold back and when to let go. It is a lesson that applies just as much to advocacy.

    And then there’s surfing. The ocean is the greatest teacher of all. It humbles you. No matter how skilled you are, the waves have the final say. It teaches patience, resilience, and the art of surrender. You can’t fight the sea. You learn to move with it and to respect its rhythm. In many ways, law is the same. You don’t control justice, but you learn to navigate its currents, to read its shifting tides, to time your movements with precision. Each of these pursuits ground me and add balance to what happens to be a highly stressful profession. 

    What advice would you offer to young law students or aspiring lawyers, particularly those interested in criminal litigation, who are hoping to follow a path similar to yours?

    Be relentless in your pursuit of knowledge, but never lose sight of the people behind the cases. Litigation is not just about statutes and precedents, it is also about understanding human behavior, motivations and social realities. Read voraciously, observe experienced lawyers in court, and take on challenging cases even when they seem daunting. Most importantly, swear by the thumb rule – “when in doubt, ask.” One must not hesitate to seek guidance when in need of it. 

    Get in touch with Dr. Divyadeep Chaturvedi –

  • “Staying dynamic, updated and proactive with the current market trends is crucial for the young generation looking to pursue energy law as a specialization.” – Anirban Mondal, DGM -Contracts & Legal at Sirius Renewable Power Private Limited.

    “Staying dynamic, updated and proactive with the current market trends is crucial for the young generation looking to pursue energy law as a specialization.” – Anirban Mondal, DGM -Contracts & Legal at Sirius Renewable Power Private Limited.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience in the energy and infrastructure sector, what initially motivated you to pursue a career in this specialized area of law, and how did you navigate the early stages of your career to develop such expertise?

    In my schooling days, I was always fascinated by the idea of energy – source, creation, transmission and flow of electrons. Although I had always been a back bencher while attending physics classes, it was fear associated with a tinge of curiosity in me that triggered this fascination about the concept of energy. Having watched my father who was notably a tax practitioner working hard through thick and thins, advising clients and the very next day, appearing before various courts and tribunals. It was pure hard work and yet glamorous to me. Eventually, I developed an attraction towards law. However, I was still unaware of the fact that there can ever exist a law which regulates the energy market and that curiosity driven by passion to know something unknown ignited my inner engine to learn and develop the skill set to dive into this unorthodox field of law.

    In the final year of my college, after my university examination got over, I was fortunate and overwhelmed to land an offer from Electrosteel Castings Ltd. (now Tata Steel Ltd.), one of the most reputed steel manufacturing companies. However, since my university exam results were delayed by a few months, I had to leave that offer. The hunt for landing lucrative jobs began but to no avail as I was faced with only rejections in the next few months. Many of my friends chose to work in law firms, or prepare for state judiciary but somewhere I was determined to pursue an in-house transactional lawyer. Eventually, I moved out from the ‘city of joy’ to ‘New Delhi’ and begun my career as an in-house counsel in the energy and infrastructure sector. Let me be very candid about it, energy law is more technical than legal. One of the biggest challenges which I faced in the early stages was understanding the engineering of electricity. As I was not from a science background, things became worse to ugly in no time. However, group discussions with fellow colleagues after office hours, cross-functional teams and extensive research on electrical engineering and the regulatory framework helped me to navigate these challenges.

    In your career, you have a blend of expertise both as a litigation practitioner and also at the corporate side. What prompted this transition, and what differences have you observed between the two fields?

    Ans: Basically, the energy market is driven by four stakeholders – power generation, transmission, distribution and trading. In the early stages of my career, I was mostly associated with the energy trading business and in a way, I felt that somewhere my opportunity to grow is being narrowed. Although, I was very keen on getting to the other side of the table, i.e. energy generation, transmission and distribution but unfortunately did not find a way through. Being a litigating lawyer, you get a handful amount of experience and knowledge dealing with diversified clients. Both litigation practice and corporate role has its own set of pros and cons, however, I personally felt that except for a few handful of law firms who actually are paymasters, the professional growth for litigating lawyers is on the lower side. Fortunately and courtesy of being a litigating lawyer, although for a brief tenure, helped me to develop skills, knowledge and gave me the exposure to pursue opportunities in power generation and distribution.

     In your position at ACME Solar, you led land acquisition and EPC contracts for major renewable energy projects. What was the most challenging aspect of managing these large-scale projects, especially concerning land acquisition and regulatory frameworks in India?

    In so far as land acquisition is concerned, the biggest challenge is manual keeping and maintaining of land records at the SRO and land department offices. Unless and until these land record keeping are digitalized, the entire process to acquire land cannot be expedited nor be free from errors. All these large scale renewable energy projects are being established and commissioned within a specific time frame, say 2 to 3 years, and the major chunk of time goes to land acquisition. Moreover, land acquisition is the first step followed by EPC towards building these large scale and ultra mega power projects. So, if land acquisition gets delayed, the entire project gets delayed and consequentially, triggers complexities and litigation. In so far as EPC contracts are concerned, the negotiation of these voluminous and capital intensive contracts at times gets a bit tricky as it involves a lot of money and shoulders a lot of responsibilities upon the contractor. Another major challenge is the irregularity and instability in the policy and regulatory framework, which at times poses a risk to the investors and the project stakeholders.

    Your experience includes handling several regulatory disputes in electricity generation, power trading, and distribution. How do you approach resolving disputes related to tariff determination and deviations in power contracts? Do you have specific strategies you use in arbitration or court proceedings?

    Basically, tariff determination is the most important (because it is the basis on which revenue will be generated) and by far the most complex process (because it has to factor-in a lot of components, permutations and combinations) involved in any project. In the energy sector, the majority of the regulatory disputes arise out of contracts. Therefore, drafting, crafting, moulding and tweaking the terms of a contract holds the key to minimize and mitigate contractual risk.

    Arbitration is a specialized category of dispute which arises from a contract having a pre-defined arbitration clause. My approach is to simplify the drafting of the claims, counterclaims and pleadings and clearly carve out the case so that it becomes easier for the external counsels to argue and the arbitrator to understand the legal proposition and factum of the case. In court proceedings, it largely depends on how you craft your case.

    As the DGM in Legal & Contracts at Sirius Renewable, you manage a large team. What leadership strategies have been most effective for you in overseeing cross-functional teams, particularly when dealing with complex contracts and high-value disputes in the energy sector?

    My current role as DGM – Legal & Contracts at Sirius Renewable pertains to dealing with drafting and negotiation of commercial contracts, regulatory and policy advisory, handling land acquisition, due diligence, merger and acquisition in the renewable energy space. I have always been an extrovert and often engage in group discussions be it with my team or cross-functional team members which actually lays the foundation of being a good communicator, a keen observer and precise listener. My approach is always to keep things as simple as possible, be brief, clear, and specific. Appreciation and recognition acts as a catalyst to motivation. I always vouch on working as a cohesive unit and create an atmosphere where none feels that one is superior over the other.

    What has been one of the most challenging cases you’ve worked on, and how did you prepare for it? Additionally, what resources do you rely on to stay updated on the rapidly evolving legal trends in the energy and infrastructure sectors?

    During my stint with Global Energy, I was given an assignment to draft a petition and represent the company before various electricity regulatory commissions for establishment of intra-state over-the-counter (OTC) power exchanges. The transaction was somewhat similar to the operation of a multi-commodity exchange. The most interesting and challenging part was that there was no statute or regulatory framework, at that time, which governed these types of transactions. It was an extensive research oriented work involving analyzing reports, devising methodology to determine landed tariffs etc. along with long and extended meetings, conferences, discussions with business teams, external lawyers and internal stakeholders. Eventually and although the petitions got rejected yet it created some kind of a stir in the minds of the regulators and legislators. Subsequently, in 2020, CERC, the electricity regulatory commission at the national level issued a regulatory framework by recognizing the need of OTC power exchanges in India, and that itself was a proud moment for me and my former colleagues.

    To stay myself updated, I keep on reading energy blogs, magazines, newsletters, the regulations being issued and framed by the Ministry of Power, MNRE, CERC, CEA. I do attend workshops, conferences both at national and international level to apprise myself and adapt to the market trends. In addition to that, I keep on brushing my foundations by reading books, judgments, research and obviously, engage in long-haul discussions with my senior colleagues and managers.

    What advice would you give to young legal professionals interested in specializing in energy law and infrastructure? What skills and experiences should they focus on to build a successful career in this dynamic field?

    The energy sector is one of the most booming sectors which is constantly evolving and delivers both professional and personal growth. The world is slowly and steadily making a transition towards a cleaner and sustainable development, and we feel (and all should feel) extremely proud to be a contributor in this energy transition mission. Embrace, Engage and Evolve.

    Know yourself, know the business and always be open to new ideas, approaches, and adaptability. Staying dynamic, updated and proactive with the current market trends is crucial for the young generation looking to pursue energy law as a specialization. It enables to better serve the business and adapt to changes in the legal landscape. Avoid taking short-cuts as there is no shortcut to success. 

    Managing a demanding legal career can be challenging. How do you balance your professional responsibilities with personal life, and what strategies do you employ to maintain that balance?

    Structuring the office work, prioritising the assignments and time management holds the key to strike a balance between professional commitments and personal life. I always tends to stick to my schedule while at my workplace and possibly stay, as much as possible, away from personal commitments. When I am at home, I ensure that I spend some real good time with parents and loved ones.

    Get in touch with Anirban Mondal –

  • “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

    “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your background in science, what initially sparked your interest in pursuing a career in law? Was it a conscious decision to transition into the legal field, or was there a particular experience that motivated you to choose this path? Additionally, how has your B.Sc. degree contributed to your success and approach in intellectual property law?

    I was pursuing my post-graduation in biotechnology when I realised that the potential of research in the biotech industry in India was limited and still in its nascent stages. While researching on various themes for one of my presentations during my post-graduation days at Venkateshwra College (DU), I bumped into the intersection and close connect of patent laws with the research industry. This presentation on patent and design laws sparked my initial interest in exploring a career in law back in 2009. IP law felt the best way I could have stayed connected with the research industry as also utilising my years of education in science. While IP law in India was burgeoning, it was relatively less explored and niche for me and my batchmates at Venkateswara College as most students in my class were interested in pursuing a career in research and were leaving the country to prestigious institutes in the UK, USA and Australia. In fact, out of a batch of 20 students, I was the only one to have made a conscious decision to transition into the legal field and this transition did make many of my friends and relatives inquisitive of the career path that lie ahead for me and its potential.

    Having completed my law in June 2013, I waited anxiously for over 3 years for the patent agent exam which was put on hold (in view of Madras HC Order dated March 15, 2013 in Sp.Chockalingam vs Controller Of Patents (W.P. No. 8472 of 2006)) and eventually conducted only in November 2016. Meanwhile, in my initial years, I got immense exposure to a variety of all IP laws including trademarks, copyright, designs, biotech/ chemical/ pharma patent matters, advertising, marketing, promotional laws amongst others. This diversity in my work exposure and constant intent to deliver my best helped me gain massive knowledge and grow professionally in the industry in the coming years. In 2018, Anand and Anand was nothing less than a dream come true and my journey with the firm streamlined my career trajectory more centric around brand strategy and I have been fortunate to have learnt from amongst the best minds of the industry since then.    

    Despite this swift transition from patent to brands over the years, I feel my B.Sc. degree contributed immensely to the success and approach in intellectual property law and till date remains to be as relevant as ever with my current specialisation in pharmaceutical trademarks. Pharma industry not holding the glamour as that of fashion/ hospitality/ lifestyle industry, at times, may fall short of attracting young professionals at times, but it was clearly not the case with me as I was inherently inclined towards the industry due to my educational background and continue enjoying my work till today.  

    Given your specialization in pharmaceuticals, what unique IP challenges do you typically encounter in this sector? How do you address complex IP issues, especially in relation to patent protection, data exclusivity, and regulatory concerns within the pharmaceutical industry?

    The Pharma industry is considered to be the most sensitive industry as it directly deals with human health and hence demands a greater need for protection. The same is also evident by the latest Reports released by Indian Trademarks Office (TMO), which indicates that trademark filings in class 5 form almost 14% of the total applications filed. And majority of these filings come from domestic businesses reflecting a robust focus on domestic innovation and trademark protection efforts.

    Moreover, with patent expiry of many blockbuster drugs in this decade, Indian generic companies take advance notice and line up to encash on these patented drugs going public by ensuring timely efforts to block brand names adept for their drug launches. Likewise the biosimilar market is growing substantially in India and so are the companies’ efforts in ensuring brand protection remain at forefront. The Indian Courts as well as TMO, to keep up with the public interest, tend to adopt a more stringent approach in allowing pharma marks for registration. Consequently, special attention is being adopted by pharma companies which necessitates the need for exhaustive research while brand selection process.

    Apart from brand names protection, IP protection in pharma industry is being availed for various packaging, labels, logos, get up, layout, combination of colours of the pharmaceutical products. Also, unique tablet designs (for instance capsules with distinct colour combination, some specific numerals/ alphabets embossed on the tablet) and distinctive shapes of containers, bottles, kits among others can be registered as 3-D trademarks/ design registration. Traditionally, foreign MNCs were seeking these special forms of protection but more and more Indian companies are exploring these additional forms to create product differentiation and carve out a niche for their products. These complexities often prompt lawyers devising brand protection strategies for pharma companies to be maintaining an intricate balance of navigating the legal landscape while also delivering business centric solutions to clients in a cost effective and time bound manner. Meanwhile, with several media reports citing  instances where drugs having identical or phonetically similar names have been prescribed for treating different ailments, putting public interest at risk, the Central Drugs Standard Control Organisation (CDSCO) is taking cognisance of the issue. Here, building a database of all pharmaceutical products and combating this overlap of brand names in the market to avoid risk of confusion remains one of the biggest challenges for the Ministry.

    As you began your career, what were some pivotal learning experiences that shaped your professional journey and deepened your understanding of IP law? Could you share any key moments or challenges from the early phase of your career that had a lasting impact?

    Learning in law does not come quickly and constant perseverance remains the key to success. IP law is dynamic and one thing I realised early on in my career is that there is no substitute to reading and keeping oneself updated. With so much development happening in terms of AI law, digital privacy, consumer protection, regulatory developments, there is no shortcut, and the secret to becoming a good lawyer lies in at least spending two hours of reading every day to keep abreast and expand your horizon of learning each day. In fact, being a lawyer, when you meet clients, it’s not just law that you discuss but myriad other topics come into discussion, and one should have enough knowledge to be able to have a conversation around anything. Your knowledge on general topics, at so many times, acts like an ice breaker and makes conversations easier to start.  

    Attention to detail and providing simplified solutions to clients is another important early learning in my career. While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words. I learnt this early on from one of my bosses’ who primarily used to approve my advisory but used to devote time simplifying my language to ensure it reaches the right message across to the client. These early learnings have remained with me since the start of my career, and I follow these religiously for all my clients. 

    With your extensive experience in intellectual property, what are some of the most common IP-related challenges you’ve faced, particularly when working with brands in the fashion industry? Could you provide an example of a specific case where you encountered such challenges, and how you navigated them to achieve a favourable outcome?

    As our country is moving towards premiumisation and looks towards its youth population (which is the largest all over the world) for the economy’s 5 trillion dream, our fashion industry has a huge opportunity to grow. The iconic fashion brands have all one thing in common and that is a unique distinct identity that these brands have created over their decades of existence. Be it the Louis Vuitton distinctive ‘LV’ logo or well known touille logo, famous Christian Louboutin red sole, Cartier love bracelet or Hermes’ globally reputed Birkin or Kelly bags, these brands have become status symbol earning immense global goodwill and reputation. Likewise, these international fashion brands, the Indian fashion industry have realised the importance of not only creating their unique IPs but also protecting them from being diluted or misused by third parties in an unauthorised manner. In fact, Mr. Safir Anand is known to have created an industry level specialisation in the fashion space having strategized for Indian fashion businesses to scale up by leveraging the power of IP. Arguing in one such matter (under Mr. Anand’s guidance) for a renowned Indian fashion designer, we were assigned the task of convincing the Hearing Officer as to how a selvedge technique could be a unique IP for the business. We were successful in a registration being granted eventually as the selvedge had aesthetic value and had acquired the goodwill and reputation amongst the audience so as to act as a source identifier for the brand. 

    As a registered patent attorney, how does your expertise in patent law complement your work in brand strategy, particularly when advising clients in product-driven industries? Furthermore, what emerging trends do you see in the intersection of intellectual property law, branding, and patent strategy, especially in the context of a rapidly evolving market?

    My patents background acts like a firm rooting in my working with clients as science provides an analytical approach involving systematically breaking down complex problems into smaller, testable parts, creating hypothetical situations, data collection through detailed research, and going beyond what meets the eye and critical analysis of the entire information at hand thereby allowing for a structured and objective evaluation to reach well-supported conclusions. 

    As regards product driven industries, companies often manifest and tend to intensify efforts into building layers of protection around their patented products and setting up a guarded shield to maintain market share. Such efforts are often amplified by building unique brands, creating distinctive taglines for advertising/ marketing purposes, creating copyrightable promotional material, fictional characters and protecting non-functional aesthetic features and products shape or pattern design amongst others. These additional forms of protection help the patented products to capture niche markets and create their own space in a product segment, which they may continue to hold even after patent expiration. One such popular example is Pfizer’s brand Viagra, which managed to maintain a substantial market share, even after its patent expiration in 2020. The resilience of the drug in the face of generic competition is a testament to the company’s strategic marketing and the drug’s strong brand recognition which played a crucial role in maintaining its market share. This is a clear example showing that concerted efforts in building brand and patent strategy in the context of a rapidly evolving market are crucial for a company to build a sound blueprint for their patented products. Moreover, with the procedural changes brought about in India since the enactment of the Commercial Courts Act, 2015 and setting up of IP Divisions of various High Courts post abolishing of IPAB in 2021, the enforcement regime in IP industry has become robust, which further allows companies to ensure effective enforcement and a well-fortified all rounded protection in product driven industries.

    In your advisory capacity for the Government of India, particularly with regard to the railway project, what were the key considerations you factored into your strategic advice on brand protection? How did you address the challenges of safeguarding intellectual property in such a high-profile government initiative?

    The said project was high stake considering a third party had raised baseless allegations to the project’s brand name just days before the inauguration. As the high-profile project launch had already been widely advertised and covered all across the news portals, it was vital for us to carefully handle the situation factoring in not only the legal considerations but also realising the extreme sensitivity, such that any kind of escalation at that particular stage would have negatively impacted the project launch. This required our team to sit and assess our points of defence in great detail and following an exceedingly cautious approach we were able to successfully and expeditiously conclude the matter out of court. Our team efforts were duly acknowledged by the government officials who appreciated our office’s conscientious handling of the case. 

    What advice would you offer to young professionals aspiring to build a successful career in intellectual property law? Are there any specific resources, tools, or strategies that you would recommend to help them navigate the complexities of the global IP landscape?

    I profoundly believe in Amir Khan starrer- 3 Idiots popular dialogue “Baccha Kabil Bano….Kamyabi Toh Peeche Bhagegi”. That is “Choose excellence and success will follow”. The dominant ideology in India, till date, remains to be building a successful career even if that costs sacrificing one’s passion for it. However, rather than focusing too much on success, in the early years, young professionals should focus on finding what interests them, gaining knowledge on a variety of subjects and identifying one’s strengths and passion. Law is a demanding profession, and we end up spending the majority of our daytime at the workplace, so how we spend our days is how we spend our lives. Hence, choosing a career of self-interest can lead to personal growth as well as an organization’s growth. Surrounding oneself with right connects on LinkedIn is also helpful as it exposes one to industry specific knowledge in addition to gaining academic knowledge. Further, all forms of IP are intertwined intricately in our daily lives and there are so many online certificate courses, news blogs, legal subscription newsletters on all forms of social media, free seminars/conferences/ webinars that can help you track latest updates in IP and if reading all this ignites one’s interest, you should not be holding back and jump in to explore the immersive and ever evolving IP field. In my daily routine, I find WIPO Global Brand Database and USPTO/ EUIPO official websites helpful in tracking international clients’ brand portfolios. Reading the latest case laws on a daily basis is also an indispensable part of my day at work.

    After managing such demanding professional responsibilities, how do you unwind and relax? In what ways do your hobbies contribute to your overall well-being?

    My most favourite way to unwind is to spend quality time with close family and friends. Additionally, being close to nature seeps in me a feeling of abundance making me realise nature’s beautiful amalgamation of the most complex structures in the simplest manner. Replicating this to our profession, I, invariably strive to render the most uncomplicated and easily manageable and executable business solutions to clients.

    I also love travelling to newer places and meeting new people as it pulls one out of their comfort zone and plunges one into the unknown. This remains to be a vital quality to succeed in law as real growth lies in exploring the uncharted territories, challenging yourself to learn new things as the intersection of law and business is extremely dynamic in nature and rapidly evolving. Being in the legal profession one should absolutely avoid becoming complacent or overly comfortable with one’s current performance and achievements, potentially causing a lack of motivation or lack of intent to take on new challenges/ maintain high standards in work, often resulting in stagnation and a decline in quality or productivity. 

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