Category: Interviews

  • “I stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.” – Vikas Khera, Managing Partner at Lexfons

    “I stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.” – Vikas Khera, Managing Partner at Lexfons

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your career journey showcases an impressive trajectory in the realm of Intellectual Property Rights. Could you share the pivotal moment or experience that motivated you to pursue this field? Also, when you first started practicing, what were some of the most significant challenges you faced, and how did you overcome them? 

    Initially with a strong passion for finance, I earned my bachelor’s degree in commerce, however, noticing the importance of Intellectual Property Rights (IPR) I, tilted towards law with clear standing of pursuing career in IPR. My journey to where I am today is a testament to consistency and dedication towards work. In the early days of my career, I was young, enthusiastic, and eager to understand the complexities of law. Finding a mentor was crucial, and I dedicated myself to learning and hard work. Patience and perseverance were my guiding principles until I eventually established my own firm. I’m grateful to all who supported me on this journey.

    Your previous associations highlight diverse experiences, from attending hearings to coordinating raids. How have these experiences enriched your understanding of the legal ecosystem?

    My past roles, from attending hearings to coordinating raids, have significantly broadened my understanding of the legal world, especially in intellectual property law. At hearings, I learned about courtroom dynamics, legal strategies, and how judges interpret laws. Coordinating raids taught me practical enforcement tactics, gathering evidence, and dealing with challenges in IP protection. These experiences gave me real-world insights into how the law works in practice, essential for effective advocacy and helping clients navigate legal issues.

    Apart from legal expertise, what other skills or qualities do you believe are essential for a successful career in Intellectual Property Law?

    According to me, effective client relationship management, proper preparation and thorough documentation collection before starting work, creative thinking etc. are essential for a successful career.

    Given your extensive experience, you’ve likely encountered various misconceptions about Intellectual Property Rights. What is one common myth or misunderstanding about IP law that you often find yourself dispelling in your practice?

    What I have encountered mostly is the basic misconception amongst the client that

    “If he makes even a slight change to his commercial benefit and file mere trademark application, it becomes his property.” “Further, registration of trademark is expenses which client wishes to do once they earn good amount of money under that trademark”

    Trademark law protects only distinctive words, symbols, logos, signs, names that are capable of distinguishing the goods and services from those of others. Any modified version cannot be granted protection until the same is distinctive.

    As a guest faculty at various institutions, you likely interact with aspiring legal professionals. What differences, if any, do you observe between students of today’s generation and those from when you were in their shoes? How do these differences influence your approach to teaching or mentoring young legal minds.

    With students increasingly digitally savvy and globally connected, they are more aware of international issues, which shapes our discussions on legal topics with global impact. I integrate real-world examples from around the world to enrich their legal education.

    I also stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.

    As someone who has witnessed the evolution of Intellectual Property Law over the years, what emerging trends or developments do you find particularly intriguing or promising for the future of IP protection and enforcement?

    In recent years, I’ve seen a significant shift in intellectual property (IP) towards protecting digital innovation and technology. Advances in AI, blockchain, and biotech have created new challenges and opportunities in IP. 

    Businesses and consumers are increasingly aware of and enforcing IP rights, especially post-pandemic. This cultural shift is fostering innovation and entrepreneurship, promising a bright future for IP for India’s economic growth and competitiveness on the global stage.

    Beyond the courtroom, Intellectual Property disputes can sometimes involve alternative dispute resolution methods like mediation or arbitration. How do you approach these alternative methods, and what unique advantages do they offer in resolving IP conflicts?

    Alternative dispute resolution (ADR) provides a special way to settle intellectual property conflicts, standing out from traditional litigation. It offers confidentiality, speed, and cost-effectiveness, making it appealing for resolving disputes amicably while protecting sensitive business details and avoiding long legal battles.

    I focus on the client’s business interests and try to create an environment that encourages open communication, emphasizing active listening, strategic negotiation, and exploring creative solutions tailored to the unique complexities of each dispute. These are a few of benefits of mediation.

    Beyond legal pursuits, what are your personal hobbies or interests that you find enriching or rejuvenating? 

    As a legal professional, I strongly advocate for maintaining a balanced lifestyle that includes regular outdoor activities to foster mental and physical well-being. I try to spend quality time with my family and indulging in my hobbies. I particularly enjoy playing table tennis and badminton with my family whenever possible. Additionally, I have a passion for driving.

    Internships play a crucial role in shaping the careers of law students. Could you elaborate on the significance of internships in providing practical experience and mentorship opportunities for aspiring legal professionals? Additionally, what advice would you give to law students or young lawyers aspiring to specialize in Intellectual Property Law? 

    For those looking to specialize in Intellectual Property Law, I would advise seeking internships in Tier 2 or Tier 3 firms, as they offer opportunities to learn about prosecution, opposition, and litigation all at the same time. Typically, internships in Tier 1 firms only provide exposure to either prosecution, opposition, or litigation. It’s also important to maintain a network with professionals, stay updated on industry trends, and take a proactive approach to learning. This field is dynamic and rewards dedication and hands-on experience.

    I would like to extend my heartfelt thanks to Team Superlawyer for inviting me and giving me this opportunity.

    Get in touch with Vikas Khera-

  • “Success in complex transactions hinges on experience, a robust knowledge base, and a skilled, cohesive team.” – Abhishek Bansal, Founding Partner at Acumen Juris, Law Office.

    “Success in complex transactions hinges on experience, a robust knowledge base, and a skilled, cohesive team.” – Abhishek Bansal, Founding Partner at Acumen Juris, Law Office.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    We’re delighted to have you here. Could you walk us through your journey from your college days at the Faculty of Law, University of Delhi, to where you are today as a respected founder partner at Acumen Juris?

    I’ve always been a regular student, not particularly the outstanding, studious type one might expect. Unlike those who decide early on what they wish to pursue, I hadn’t planned that far ahead. However, I found myself fascinated by the profession of law.

    During my college days, I stayed connected with people and even contested in college elections, which helped me build valuable relationships and skills. The path wasn’t always clear, but I realised my passion for taking on new challenges while working in the industry. This realisation led me to establish my independent practice and eventually run a full-service law firm. Embracing challenges with a positive attitude has been key to my journey.

    Starting a legal practice and establishing oneself in the industry requires determination and perseverance. Can you share some challenges you faced during the initial stages of founding Acumen Juris, and how you overcame them to build a successful law office?

    Indeed, establishing oneself in the legal industry requires immense determination and perseverance. With years of experience, these qualities became ingrained in me.

    When I decided to start Acumen Juris, I envisioned creating something different. After years of working long hours six days a week, I sought a balanced life that included time for family and adventure. With this in mind, my partners and I founded the firm with a simple strategy: to operate as a firm from the outset, rather than as individual practitioners, to gain recognition and trust from corporate clients. Our extensive experience and commitment to delivering high-quality, timely services have been key to our success.

    I worked across multiple time zones, advising clients globally, supporting their business setups in various jurisdictions, and handling complex transactions.

    Your expertise extends beyond M&A to areas like commercial contract, drafting, venture capital funding, and legal due diligence. What inspired you to venture into these diverse areas, and how do they complement your overall legal practice?

    My expertise extends beyond M&A to encompass critical areas such as commercial contract drafting, venture capital funding, and legal due diligence. These skills were cultivated during my tenure at a mid-size firm, where I approached challenges with a proactive mindset and a commitment to achieving excellent client outcomes.

    In addition to traditional legal responsibilities, I have successfully undertaken corporate valuations required under FEMA 1999 for major corporations. This involved dedicated efforts, often beyond regular work hours, supported by a collaborative and supportive, firm environment.

    My deep knowledge of FEMA laws, a focus since the start of my career, enhances my capacity to provide strategic guidance in transaction advisory, resolving complex structures and related legal matters.

    These varied experiences have significantly enriched my legal practice, enabling me to offer comprehensive solutions and strategic insights that effectively address the diverse needs of my clients.

    You’ve recently handled a notable transaction that garnered attention within the legal community. Could you share some highlights or key takeaways from this case, and how it showcased your expertise in navigating complex legal issues to achieve a favorable outcome for your client?

    One recent standout in my career was overseeing a significant 900 crore share swap transaction where we represented the seller side. This transaction was particularly challenging because of its complexity, involving multiple intricate legal components and several limitations. I played a pivotal role within the core team, contributing to discussions, providing strategic advice, finalizing agreements, and devising efficient tax structures across sell-side entities.

    Throughout the transaction, our approach began with a thorough legal assessment to gauge feasibility, followed by comprehensive risk assessments, and tax planning to design efficient structures.

    Success in such endeavors hinges on years of experience navigating diverse transactions, a robust knowledge base, adept interpretation skills, a proactive attitude, and, crucially, a skilled and cohesive team. I am privileged to work alongside a talented and efficient team that played a pivotal role in achieving a favorable outcome.

    This experience underscores my capability to manage complex legal challenges and deliver results that meet the strategic objectives of our clients.

    You’ve co-authored multiple editions of a bestselling book on the Companies Act, 2013. Can you tell us about the journey of writing and updating this book, and how it has contributed to your understanding of corporate law?

    Contributing to a bestselling book on the Companies Act 2013 has been a pivotal milestone in my career, marking a journey of personal and professional growth. The experience of co-authoring and witnessing its success has been immensely gratifying.

    Throughout the process of writing and updating the book, I drew extensively from my practical experience advising clients on corporate law matters. This real-world application provided invaluable insights into the statutory provisions, case law developments, and practical implications of the Companies Act 2013.

    Overall, this experience has deepened my understanding of corporate law and strengthened my ability to provide informed counsel to clients. It underscores the importance of continuous learning and practical application in evolving legal landscapes.

    In addition, key person in developing the only website for FEMA Laws while working in the previous firm. 

    With your extensive experience in providing transaction advisory services, what do you consider as the most critical factors for ensuring mutually beneficial terms in agreements related to funding processes or joint ventures?

    In the realm of transaction advisory services, securing mutually beneficial terms in agreements related to funding processes or joint ventures requires a multifaceted approach. This approach involves conducting thorough assessments of all parties involved, encompassing their financial health, market positions, potential synergies, and strategic intents.

    It’s crucial to establish clear and precise objectives upfront to ensure alignment of expectations and goals among stakeholders. Addressing potential obstacles with innovative solutions and structuring agreements that mitigate risks while maximizing benefits are paramount factors. Moreover, building trust and fostering transparency among stakeholders throughout the negotiation process is essential for cultivating a collaborative and mutually advantageous partnership.

    Navigating negotiations with skilful diplomacy, knowing when to concede and when to stand firm, while maintaining open and constructive communication, ensures that agreements are not only favourable, but also set a solid foundation for long-term success and value creation for all parties involved.

    You’ve been actively involved in speaking at various forums and contributing articles on corporate laws. How do you balance your commitment to legal practice with these extracurricular activities, and what motivates you to share your knowledge with others in the legal community?

    Balancing my commitment to legal practice with speaking at forums and contributing articles on corporate laws can be challenging, as it often requires allocating time from either my personal or professional life. However, these activities are integral to establishing and expanding the presence in the legal industry.

    The primary motivation behind engaging in these extracurricular activities is twofold. Firstly, they serve as crucial avenues for showcasing and publicizing my knowledge within the legal community, thereby enhancing my professional reputation and attracting potential clients. Secondly, participating in speaking engagements and writing articles allows me to stay updated on evolving legal developments, enriching my expertise and broadening my perspective.

    While there may not always be a perfect balance, I find immense value in contributing to the legal discourse through these platforms, both for personal growth and for the benefit of my legal practice.

    You’ve provided legal services across a wide range of sectors, including retail, logistics, hospitality, and more. Is there a particular sector or type of client that you find most rewarding to work with, and if so, what makes it stand out for you?

    Having served diverse sectors, including retail, logistics, hospitality, and others, each offers distinct challenges and rewards, making it difficult to single out one as the most fulfilling. However, if I were to identify a particularly rewarding sector based on personal interest and professional satisfaction, it would be the technology industry.

    Technology is integral to operations across various sectors, from hospitality to healthcare and education. Working with clients focusing on technology is particularly gratifying due to the sector’s rapid pace of innovation and the continuous evolution of associated legal frameworks. Staying abreast of emerging technologies, regulatory shifts, and industry trends keeps me intellectually engaged and drives ongoing professional growth.

    Furthermore, technology firms often operate on a global scale, facilitating complex cross-border transactions and international collaborations. This global dimension adds depth to legal engagements, involving interaction with diverse cultures, legal systems, and business practices.

    In my practice, I have had the privilege of supporting technology-driven enterprises across more than 25 jurisdictions, assisting with business structuring, ensuring regulatory compliance, and navigating intricate cross-border transactions through our extensive global network of associates.

    Working with technology clients not only challenges me to deliver strategic legal solutions but also broadens my perspective as a legal professional, reinforcing my commitment to excellence and innovation in every client engagement.

    Balancing professional responsibilities with personal interests is crucial for overall well-being. What are some of your hobbies or interests outside of the legal realm, and how do you find time to pursue them amidst a demanding legal career?

    Maintaining a balance between professional responsibilities and personal interests is crucial for overall well-being, albeit challenging in the demanding legal profession. Outside of my legal work, I have a keen interest in leisure travel, immersing myself in diverse cultures around the world, engaging in adventure sports, hiking, swimming, golf and indulging in cricket—a passion shared by many in India.

    I make it a priority to play cricket every weekend and ensure I travel at least twice a year, either with my family or solo. One memorable experience was a biking expedition from Delhi to the highest motorable road in Ladakh and back, where I joined a group of strangers connected through mutual acquaintances—a journey that enriched my perspective on camaraderie and adventure.

    Achieving this balance is only possible with the support of a dedicated and responsible team. Their commitment allows me the flexibility to pursue my interests while maintaining the high standards required in our legal practice.

    In your experience, what are some emerging trends or challenges in corporate law that you believe young lawyers should be prepared for as they enter the legal profession today?

    In today’s legal landscape, young lawyers face a dynamic environment characterized by evolving trends and challenges in corporate law. Initially, they must master the art of understanding and interpreting the law, which forms the foundation of their practice. Law is inherently practical and continuously evolves to meet industry demands, interpreting a crucial skill.

    Emerging trends that young lawyers should prepare for include the increasingly complex global legal frameworks due to globalization. Understanding the differences across jurisdictions and navigating international transactions are essential skills. Moreover, the rise of technologies like artificial intelligence, blockchain, and big data analytics is transforming corporate practices. Young lawyers must grasp these technologies’ implications for legal strategy and compliance.

    Another significant trend is the growing emphasis on sustainability and Environmental, Social, and Governance (ESG) laws globally. Companies are facing greater scrutiny and regulation regarding their environmental and social impacts, requiring legal advisors to integrate these considerations into corporate strategies.

    In summary, young lawyers entering the legal profession today must be ready to navigate a rapidly changing landscape. They should embrace continuous learning, adaptability, and a proactive approach to stay ahead in corporate law.

    Internships play a crucial role in shaping the careers of aspiring lawyers. What advice would you give to current law students seeking internships to ensure they make the most out of these opportunities and build themselves into proficient legal professionals?

    Internships are essential milestones for aspiring lawyers, offering critical opportunities to gain practical experience, hone essential skills, and establish professional networks early in their careers. Based on my experience and insights, I advise current law students seeking internships to maximize their impact and readiness for a corporate legal career:

    1. Actively pursue internships with law firms and corporate legal departments aligned with your career aspirations and areas of interest within corporate law.
    2. Approach your internship with a proactive mindset to absorb knowledge and insights from experienced corporate lawyers. Take the initiative to understand corporate transactions, regulatory compliance, and strategic legal advice.
    3. Cultivate meaningful relationships with mentors, senior lawyers, and peers during your internship. Networking within the corporate legal environment can provide valuable guidance and potential career opportunities.
    4. Uphold the highest standards of professionalism, ethics, and confidentiality in all interactions and assignments. Demonstrate reliability, punctuality, and a strong work ethic to earn trust and respect within the organization.
    5. Strive for excellence in every task assigned. Deliver accurate, thorough work products and demonstrate your capability to handle corporate legal matters with attention to detail and precision.
    6. Regularly assess your performance, seek constructive feedback from supervisors, and proactively incorporate learnings to enhance your skills and knowledge base.

    Internships serve as pivotal experiences for aspiring corporate lawyers to develop foundational skills, gain practical exposure to corporate legal practice, and pave the way for a successful career in corporate law.

    Get in touch with Abhishek Bansal-

  • “This is the era of technological dynamism where the web, blockchain, and AI are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in legal profession” – Ajmal Khan Nadakkal, Managing Partner at ABS Partners

    “This is the era of technological dynamism where the web, blockchain, and AI are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in legal profession” – Ajmal Khan Nadakkal, Managing Partner at ABS Partners

    This interview has been published by Namrata Singh and The SuperLawyer Team

    “This is the era of technological dynamism where the web, blockchain  and AI  are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in both the legal world as well in the legal profession. So, obviously the lawyers who are the forerunners in this  profession are adopting this technology induced change and they can only survive by doing that.My advice to the young generation of lawyers would be to adopt this technological change very fast. They should be the fastest runners, otherwise, they will be out of the race. Especially AI is causing a lot of job loss in the legal profession..”

                                      – Ajmal Khan Nadakkal, Partner & Head of Corporate Khalifa Bin Huwaidan Alketbi.

     Mr.Ajmal Khan Nadakkal  is based in Dubai and he has more than two decades of experience with a wealth of expertise in setting up regulated and non-regulated firms all across Europe, Africa and the Far East, as well as in major cities and states in India.  He has a proven track record of handling complex corporate issues, including compliance and anti money laundering policies, taxation matters, and real estate transactions to name a few.

    We would like to start our journey of question answers by asking you what inspired you to pursue  a career in law, and please share your story of reaching to the top.

    I’m a first generation lawyer. There are no other lawyers in my family and my family circle. From my school days, I had a passion to become a lawyer. I don’t know exactly what  the reasons are, but there was definitely one teacher who really influenced me and he is the person who persuaded me to become a lawyer. So from those days, I was always thinking about how to become a lawyer. Then after my pre-degree, I tried my law entrance exams and got into a law college. It was definitely not an accident. I should be honest about the fact that I came to this profession by choice.

    So when this was an inspired choice and you made it with all the diligence, what prompted your decision to transition from practicing law in India, then to Dubai as well?

    After college, I started my career in the local courts- District Court, Manjeri. I practiced for almost six to seven years there, in Manjeri and other  Courts and then I got an opportunity to switch to an  in-house legal counsel role  in Bangalore. In fact, that is the reason I got to a different domain of legal field. When I took up that opportunity, I got a lot of exposure. I traveled a lot across India to handle various complex legal issues for the group, to meet regulatory authorities. Also, I traveled outside India for investment facilitations. regulatory setting ups, then also got the scope of  liaison with various international law firms for handling their legal issues. This gave me a really good exposure and then I felt, international legal opportunities are bigger and I should explore more if I can get an opportunity.Luckily again I got an opportunity in the UAE. Then I took up that assignment and came to Dubai. That is how I shifted.

    What difference have you seen in the kind of practice we do in India as lawyers and the kind of practice you may have seen in Dubai? And  when you compare these two how do you support this transition? Let’s say if someone obviously wants to move, what kind of lookout they should have in making that transition because you have smoothly sailed this. 

    The Indian legal system is more traditional, which is derived from different customs and different complex laws. It took centuries to evolve that legal system. So it has its plus and minus also. We always carry that baggage of our history, even in the legal system, which causes a lot of, you know, delay in the legal proceedings and complexities. Even though now we are trying to make big changes by technology ventures and all, but still the Indian legal system is too complex and people are facing a lot of difficulties, especially the delay in the litigation, dispute resolution, then red tapism everywhere. 

    We cannot avoid this and that is the problem.When I switched to UAE, I realised that this system does not carry much history. It is a new law and new entities, a new legal system. It was a Sharia backed legal system, but when the international business opportunities came to UAE, the rulers were really pushing the business opportunities and trying to be the global hub. During this time, they developed the legal system and the laws also to that standard, very fast developing and, technologically advanced and which always cater the needs of the business people. They gave priority to the business people who are going to come to the UAE and invest. So accordingly they made rapid changes and that favours  a person who is making  strong decisions, as  there is nothing to curtail that speed. This is because one person can take the decision here without being impacted by  many complexities.

     That is the major difference. It’s all new and transparent, moving at a very fast rate, which makes the legal dispute resolution effective.  People get a quick solution to their problem when they are approaching the courts and dispute resolution authorities. This helps them to continue with their business further. In our place, sometimes it even takes decades, especially in case of family disputes. So these are major differences I could feel in the two domains. So for somebody who wants to shift from India to Dubai, my advice is that there are a lot of opportunities here, and you can cater to the world and you can feel the international legal complexities here because of the presence of almost all the nationalities, whose  disputes range from personal issues to business disputes. Now because of the estate planning and foundation trust systems here,people from different parts of the world are setting up the foundation and trust here taking advantage of the easy environment,giving a lot of opportunities to new lawyers.

    The only thing is they have to be very fast in upgrading themselves and follow the new developments in the legal field, especially, with the help of technology. Technological advancement is also very much required, which is something the Indian legal system is still not that advanced for which even the law colleges in India are also lagging  behind in this. So these are the things they should always keep in mind when they are planning to switch to Dubai.

    You have talked quite a bit about dispute resolution mechanisms as well, and you specialize in managing these disputes, especially related to commodity derivative trading, investments, forex, gold, and bullion trading as well. We would request you to elaborate a little bit about these areas and their significance in the legal field, because it is an absolute niche of the niche field and most of us are eager to understand these fields and try and see the future in it.

    I was also very new to this domain when I joined the in-house team in Bangalore, but that group I was associated with was into online trading, forex, commodity derivatives, securities, and that kind of a domain. So, obviously I happened to handle a lot of that kind of complex issues, disputes, crisis management and  learned about trading -forex trading ,leverage trading And futures trading. I had  to learn all these things. In fact, I would say I started an  account   and lost some money and learned from that experience too because without practical training this is almost impossible. After a year or two I realised that I was really struggling to cope up with this environment so I decided to start an account in trade because that gave me a lot of insights, how the positions have to be taken, how the leverage trading happens, how the margins are called for.  This gave me a lot of input when I switched to Dubai and started my legal career. The legal profession here really helped me because UAE is also a place of online trading, leverage trading and all people sitting here are trading across different platforms across the world and also here.

    In India, though there is a clear regulation about online trading licensing and regulation which all has to happen, still people are using shortcut methods and opening up phishing companies to fraud like taking people’s money and then vanishing. Many people lose their money because they don’t know what this regulation is, they are just fantasized with this leverage trading and the opportunity to make big money swiftly.

    The marketing people always give them the positive and never the negatives. So they open the account and start trading. Then in the demo, they will show some profits while in real time they will lose. They can’t even pump in for the margin calls, so obviously they will lose the money.

    So many such disputes came and which came to me. So as a person who understands this domain, whenever a client comes and discusses this with me, we will get the synergy. And I have managed a lot of such disputes. In many of the issues, I managed to get back their money and in some of the cases,  the accused were convicted, definitely in many of the cases, the people who vanished, we cannot do much, but still we can educate the people and also the companies who wanted to regulate and do it in a streamlined way.

    They also started approaching us because of their domain knowledge. So this has become a real opportunity for me and also my team members to learn about this leverage trading and domain. Now we have started a division where we are setting up regulated entities in UAE and abroad because of this domain knowledge.

    What kind of critical factors do you consider while dealing in corporate structuring and restructuring? Because they are definitely out of reach of most of us. We don’t understand that, or it is not taught in schools or colleges. Now, how do you see that platform can be built in order to make sure that these subjects reach to most of the students so that you also get a little workforce because as I can understand having that kind of the niche, you end up having very limited number of people with that understanding? So how do you see that happening anytime sooner in future?

    Corporate structuring is a very important aspect of the business. Especially when somebody is starting a business, they should structure their business in a proper legal manner. What entity they should start, where is the destination they should start the business, what kind of license they should take up, and how the shareholding has to be allotted, and how the control mechanism has to be managed.All these kinds of things are very, very crucial when somebody starts a business. So, since we have a lot of this experience, we are able to advise all the entrepreneurs properly how to structure their business in the initial phase. Here, one thing, in UAE, most of the people who came here in seventies, eighties and nineties. Most of them are not very educated. They came here chasing their dreams. They faced a lot of struggles, hardships in the initial phase. They worked and then they started small businesses  with whatever available corporate sector at that time was available, the legal corporate sector, then they started it like a civil company or a sole establishment and so on.

    Then their business ventures grew really  fast, beyond their imagination. Many of the big businesses here have all started like that and after reaching this stage of growth ,they are apprehensive about the fact that  when the next generation is going to be onboarded the legal sector would not be intact and that it should be rectified as well. This is a very critical position because already the business is loaded and there is a lot of exposure . From here if they want to restructure their existing legal corporate system, this needs real advice, a proper advice with experience which only experienced persons can do because they need real time solutions.

    It is in this area that we advise a lot of clients now who are passing their business to the next generations -How to structure the holding company, create foundation and trust to manage their will and wish in the subsequent generations and if the next generation is not interested in the business and a working partner is onboarded, how to sector the company in that way.

    We also advise on creating an ESOP by stimulating the business through that channel.These are all things in which we really need proper advice and  here liesour experience, that we gathered from the last 10 to 14 years of having real time experience in Dubai.

    You started as a first generation lawyer, and now you own a company which works for all these corporate structuring, restructuring and licensing agreements. We would request you to elaborate on that as well.

     I was part of a local law firm as a partner for the last 10 plus years and then recently, last year, we got a license of a legal consultancy in Abu Dhabi, which is named ABS Partners Legal Consultancy, otherwise the mainland was not allowing legal consultancy licenses.  This is a recent development and we are one of the very few lawyers who got this license in our own  names. In that we strategize these kinds of activities, especially this corporate structuring, estate planning, regulatory licensing, trademarks and intellectual laws, all these specific areas, especially the central bank licensing, Crypto licensing, VARA and other regulatory ESCA. So those kinds of activities we do in that legal consultancy license, which is based in Abu Dhabi.

    Sir, about the ABS partners, which is doing this kind of work and you are one of the very first lawyers you have got in Dubai, the kind of transition you have seen when you were doing it in India as an Indian lawyer and when you are doing it in Dubai, when has it started? Because if I remember correctly, very recently, Dubai introduced its legal system in January this year. So would you care to elaborate on that as well, please?

    In the UAE, Dubai and Abu Dhabi are the major hubs. Dubai is still very strict on issuing legal consultancy licenses in the mainland to foreign lawyers. They have a regulation, but it is a bit stringent. It is not easy to get a license there, unless we have three international branches and all. But Abu Dhabi relaxed it a bit in the last year. We got a license almost a year back now. It was last year they introduced this and maybe the second or third license is issued in our name and  we should have 10 plus years standing in the UAE. Since me and my partners had this eligibility criteria  we applied and got it and  now we are developing that to a different level, towards a niche area.

    I have to cater to the niche area, which is not much explored by the other lawyers and law firms.

    So while you are doing all these things, which are very much corporate centric,  you must be going through a lot of mediation and conflict resolution techniques also. How do you make sure that you employ effective techniques for these and what kind of further assistance do you provide?

    Because in mediation, it’s not only the end of the case, it’s like, it is just a kind of start if there is any conflict over there. So how do you cater to such clients? And there are clients who must be very, very, very big and not that approachable. How do you make sure that everything is done in the best manner possible for them?

    Basically, we are business lawyers and we have a very good connection in the business world. So obviously when some issues happen, some disputes happen, they will ask us for solutions. Obviously always the first method is to try and  amicably settle the dispute.

    While getting into an amicable settlement area, I always try to understand the client psychology. We need to understand the client’s situation as of now. What is his financial capacity or whether he’s really in a bad shape or this dispute is derived from the ego of the business people. This kind of initial knowledge is what we need to gather, only then can we  effectively mediate a dispute.  When it comes ultimately, what I realized is everybody, if we can convince them properly to avoid a lengthy litigation and a time consuming process, they will always try to find a way for mediation and settlements. 

    Only in mediation and settlement, we should not have any agenda. We should try to resolve the matter in accordance with the requirements of both the people. So there, our expertise and experience again, we can give different options. If one option is not comfortable for the person, we can give another option.This is all by experience that we can now give different options and scenarios where we can effectively do dispute resolutions. And we have done quite a lot of such dispute resolutions as  well.

    Can you share any kind of case which can be very educating for learners as well. If at all you can.

    Yeah. Recently, one scenario is where a local stake was involved. The locals were very adamant while the other people were the actual investors. But the local was just a sponsor, with some agreed terms. This was a big business house, and this was almost on a deadlock because both were fighting.As it came to me, I tried to understand the actual reason behind this local person’s issues and  then I realized that he has a genuine cause for this as whatever the investors agreed with him initially, this was not honored.

    Conveniently, the locals were not asking, not demanding, so they were not giving as well. But when they are parting from the partnership, obviously he asked for his latkes to be honoured. Then I convinced the other party, instead of losing the entire business for a small amount, honour the right because all these years, almost 20, 25 years, he did justice. It was in his name, but still he helped the investor in all ways to build the empire. So with this kind of convincing, the dispute was settled very smoothly and they are still good friends now.

    I’m just a reason for it as actually there is not much difference between them. This is where sometimes a mediator is required so that the roles can be effectively played by knowing the psychology of the people. That’s it!

    Sir, in all this, there is a lot of technology disruption happening even in the legal field worldwide. How do you see it is going to work out for us lawyers on national and international platforms both, as well as what kind of  areas do you see are going to come up or are already there, which are bringing a different kind of practice, even in business laws or in business entities?

    This is the era of technological dynamism where the web, blockchain  and AI are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in both the legal world as well in the legal profession. So, obviously the lawyers who are the forerunners in this profession are adopting this technology induced change and they can only survive by doing that.My advice to the young generation of lawyers would be to adopt this technological change very fast. They should be the fastest runners, otherwise, they will be out of the race. AI is causing a lot of job loss in the legal profession.

    But to me, as I have realized, AI is also giving a lot of opportunities to lawyers in terms of precedence search, the formats, many of the things, especially the legal research, everything is made very easy now because of the AI advancement and these kinds of things, the new lawyers should learn. They should be very fast in learning the new technologies, especially the blockchain, the web.  Now, it is going to be a different era than the web. So with these technology adoptions they should do and then cope with the new trends in the law and in the technology.

    Sir, how have you driven your life with these kinds of philosophies? And would you care to share some of them with us for us to get inspired as well? How have you lived your life and how have you achieved all this in your legal career?

    I’m very savvy with technology, but what I do is I employ associates with good knowledge of technology and I learn from them.There is no hesitation in learning from the juniors when it comes to technology because they are my masters and there’s no ego on this. We should learn from the new generation. My son teaches me about new technology. My daughter teaches me about this. This should be our approach when we are not good in something we should learn from who is good in this. 

    Then about the philosophy of my career, we should be very transparent and we should not compromise our professional ethics. However, rewarding the other opportunity is there. We should not compromise our professional ethics. If we compromise, that will give you some gain, short term gain, but it will never give you a long term mileage.

    Your professional  advancement is possible only when you build a reputation. That is very crucial, which I always try to stick on

    How do you make sure that you have your own time for your mental health, for your personal life and obviously for other activities as well?

    Yes,  the personal space is for my family and  my small entertainments. I always kept that space, from the beginning itself. I like traveling. I like Hindi songs, then family time. I always try to find time for this. Even though my family will always complain but still,  I’m always trying to find some time, especially two days in a week. I always try to give my  family time.

    Sir, thank you so much for such positive thoughts and sharing it with us. And it has been a learning experience that there are certain niche fields which our learners can look up to and can reach out to you as well.

    And once again, thank you for agreeing to be on SuperLawyer YouTube channel. And it has been a pleasure, sir. Thank you so much for being here. Absolute pleasure

    Get in touch with Ajmal Khan Nadakkal–

  • “Develop a habit of continuous learning, establish a professional network and uphold high standards of integrity and ethics. These principles are crucial for success in the legal field.” – Nishant Menon, Senior Partner & Co- Founder at  SAMAGRA LAW

    “Develop a habit of continuous learning, establish a professional network and uphold high standards of integrity and ethics. These principles are crucial for success in the legal field.” – Nishant Menon, Senior Partner & Co- Founder at SAMAGRA LAW

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you walk us through your decision to study law? What inspired you to pursue a career in the legal field, and how did your time at Campus Law Center, University of Delhi, shape your outlook on the profession? What were some of the initial challenges you faced in launching your career, and how did you overcome them?

    Like many others, I too was uncertain about my career path, so I explored various fields. I had a background in science from school and pursued a Commerce degree in college. It was during this time that I discovered law, which sparked a deep interest in me. 

    My time at the Campus Law Center, University of Delhi, played a pivotal role in shaping my outlook on the legal profession. The dynamic environment, enriched by diverse peers, inspiring mentors, and numerous opportunities, fuelled my enthusiasm. The rigorous academic curriculum, combined with practical experiences, provided me with invaluable insights into the complexities of legal practice.

    Challenges that I Initially faced were transitioning from academia to professional practice, adapting to the practical demands of legal work, such as client interactions, case management, and navigating the intricacies of the legal system, which required a steep learning curve. However, I overcame these challenges through perseverance, continuous learning, and seeking guidance from experienced colleagues and mentors.

    In your experience, what are the most common misconceptions people have about arbitration, and how would you clarify them?

    Some common misconceptions about arbitration include that it is always faster and cheaper than litigation, that the arbitral awards are final and binding and hence cannot be appealed. Actually, arbitration can be more efficient, but not always. Although there are limited grounds for appealing a decision of the arbitrators, they can be set aside. 

    A common misconception that I often come across doubts the integrity of the arbitrators. I have always sought to reassure the clients that arbitrators are bound by strict ethical standards and the selection processes as provided in law ensures impartiality.

    What inspired you to co-found SAMAGRA LAW, and what unique value do you believe your firm brings to clients?

    While working at established firms has its merits, there’s a certain spark that comes with building something new. Perhaps that was my inspiration for Samagra Law to co-found a more dynamic and collaborative legal environment. A place where clients aren’t just cases, but partners in achieving their goals.

    Our team structure prioritizes a well-rounded approach. Senior partners with extensive experience bring a wealth of knowledge and strategic thinking. This, combined with a team of enthusiastic associates, fosters a blend of expertise and fresh perspectives.

    Outside of your professional life, what hobbies or interests do you pursue to maintain a balance? How do they contribute to your work-life balance?

    Balancing the demands of my legal career with personal interests can be quite challenging. Beyond my professional commitments, I prioritize reading and cherish quality time with my family, especially as a dedicated father and son to my aging parents and with childhood friends. While these roles occupy a substantial portion of my time, I also make sure to carve out time for reading, swimming and exercise.

    As someone who handles technically complex cases, what strategies do you employ to communicate effectively with clients who might not have a legal background?

    When dealing with technically complex cases, effective communication with clients who lack a legal background is essential. To ensure that clients understand the complexities of their cases without feeling overwhelmed, I make a conscious effort to use plain language instead of legal jargon. I break down complex legal concepts into clear and simple explanations and use relatable analogies or real-life examples to illustrate key points. Additionally, I actively listen to my clients to understand their concerns and questions, enabling me to tailor my explanations to their specific needs. I encourage clients to ask questions throughout our discussions to create an open dialogue where they feel comfortable seeking clarification on any aspect of their case. Regular updates on the progress of their case are provided in straightforward language to keep clients informed and reassured about the status and next steps. I approach each client interaction with empathy and patience, creating a supportive environment where clients feel empowered and informed. Managing expectations and providing realistic insights about case outcomes and the legal process helps foster trust and reduce anxiety. By implementing these strategies, my goal is to ensure that clients with limited legal knowledge feel informed, supported, and confident in their understanding of their cases and the legal strategies being pursued on their behalf.

    How do you envision the role of technology shaping the future of legal proceedings?

    Over the next few years, technology is poised to take legal proceedings to a whole different level. In my view, artificial intelligence will be vastly applied in legal research and review, which will really speed up the preparation stage of a case and involve reduced costs associated with case preparation. Virtual hearings—the creation of necessity throughout pandemics—will have become much more common, bringing improved accessibility and efficiency. Video conferencing and data analytics are going to further revolutionize courtrooms and litigation strategies. Blockchain technology could provide frontiers in smart contracts and secure document storage. We do, however, have to be very conscious of the challenges that are to be contended with, such as access to technology by all and efficient security and confidentiality processes in the legal proceedings.

    Reflecting on your early days in the legal profession, do you remember the first time you fought a case? Could you share with us some anecdotes or memorable moments that occurred in the courtroom during that experience?

    Yes, I do remember the first case that I fought in court. It was a civil suit filed by a vendor against my client, an automobile manufacturing company before the Agra district court. 

    An interesting anecdote, I used to be very curious every time I went to that court because the tablecloth on the judge’s table, which was white in color but the portion falling on the side where the lawyers used to stand and argue was varying shades of red. I couldn’t help but ask the court master about this and was most amused to hear from him that some of the local lawyers used to wipe their tobacco chewing mouths while making submissions before the court. 

    My opposite counsel was a veteran lawyer of the district court. He was somehow deeply impressed by my dedication to reach the court early in the morning on each date of hearing from Delhi as well as my research skills – citing relevant judgements before the court. I finally succeeded in getting the suit dismissed for lack of cause of action. I was pleasantly surprised when he congratulated me and wished me success in my career. Later, he recommended me to some of his colleagues for their cases before the NCDRC, which was really a sweet gesture from him. 

    With your background in aviation law and dispute resolution, how do you see the landscape evolving in the next decade, particularly in India?

    In the first place, I hope to see specialized tribunals in India at the national level, such as the HCAA in Europe, to deal with aviation-related disputes, therefore providing a forum possessing the necessary expertise in handling complex aviation cases.

    Arbitration is set to play an increasingly prominent role in resolving aviation disputes. It is uniquely suited to the aviation sector because it is fast, confidential, and expert-driven. We may see an increase in institutional rather than ad hoc arbitration to obtain greater consistency in results and to build up a jurisprudence of sorts.

    There is also a growing requirement for more global legislation and arbitration within aviation. Environmental considerations can easily be envisioned to feature largely in aviation law in the future. We are going to witness more sustainability- and reducing-emissions-centered rules and disputes in the near future.

    What advice would you give to young professionals aspiring to succeed in the legal field, especially in areas like litigation and arbitration?

    What I’d like to tell young professionals who want to excel at litigation and arbitration would be:

    • Develop a habit of continuous learning. Laws and regulations are constantly evolving, especially where the field is so dynamic.
    • Specialize in a niche area within litigation & arbitration, as that will further enhance career prospects by showcasing your expertise and differentiation. 
    • Establish a professional network. These are the relationships that will sustain you during your career with colleagues, mentors, and even opposing counsel.
    • Uphold high standards of integrity and ethics. Your character is your most valuable asset in the legal profession.

    In your role representing government regulatory agencies and advising aerospace companies on offset contracts and technology transfer, Please share with us what unique insights have you gained about the intersection of legal frameworks and the rapidly evolving aerospace industry?

    In my previous role, the interface with government regulatory agencies and aerospace companies provided me a vantage view of just how complex the intersection of legal frameworks and an evolving aerospace industry really is. This sector is controlled by a multi-faceted regulatory environment involving agencies like DGCA to AERA, coupled with multiple acts and policies. Consolidation is turning into a trend across global supply chains, driven by digitization and environmental factors. Such consolidation is producing new legal challenges and opportunities, especially within M&A activity, where due diligence is an increasingly important function. 

    Nishant, amidst your diverse legal expertise, is there a particular area of law that you’re especially passionate about or that resonates with you on a personal level? If so, could you share why it holds such significance for you?

    I was introduced to arbitration in 2002 or 2003 and since then my passion for the same has only increased. In subsequent years, I was fortunate enough to be part of domestic and international arbitrations, ad hoc & and institutional arbitrations where I represented foreign clients and sometimes the PSUs. I got to work with some of the finest arbitrators and arbitration expert lawyers. Not only that, it also gave me an opportunity to interact with engineers, IT experts, financial analysts and the valuable takeaways helped me in my future cases. 

    The reason that I like arbitration is that it not only involves months of hard work but also the strategy behind the constitution of the tribunal and the structuring of the claim statement or the statement of defense‌. Conducting cross examination of the opposition witness has always been an enjoyable experience. 

    Besides that, it is an extremely dynamic field where law is constantly evolving, be it by the legislature or the courts. There were also instances where we could not find helpful judicial precedents under the Indian law and therefore had to look at English and other jurisdictions. So, to be constantly updated on various aspects of arbitration is an intellectual challenge that constantly drives me to learn and improve.

    Get in touch with Nishant Menon-

  • “Two important values that I learned from my mother are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth.” – Nishant Datta, Founding Partner at D&T Juris

    “Two important values that I learned from my mother are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth.” – Nishant Datta, Founding Partner at D&T Juris

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you please introduce yourself to our readers? As a third-generation lawyer, how has your family legacy influenced your approach to the legal profession and your career choices? How did those early conversations about legal matters shape your understanding of the profession and its nuances?

    I am a third-generation lawyer, born in 1979 in New Delhi, and I recently completed twenty years of law practice. I completed my schooling at Hansraj Model School, New Delhi, in 1997, and thereafter had the privilege of attending Ramjas College, Delhi University, where I earned my Bachelor’s Degree in Commerce, B.Com (Hons), in 2000.

    While graduating, I considered various career options, including MBA and Chartered Accountancy. During this process, I discovered my acumen and passion for law and decided to pursue my LL. B degree from the Campus Law Centre, Faculty of Law, University of Delhi, which I completed in 2003.

    Additionally, I hold a postgraduate diploma in IPR Laws from the Indian Law Institute. I joined the bar in 2003 and began practicing at the High Court of Delhi in New Delhi, joining the family practice, which has now spanned more than 60 years. The practice was started by my grandfather, Mr. O.P. Dutta, and later joined by my father, Mr. Vinod Datta. My late mother, Dr. Savita Datta, was initially a lecturer who taught astrophysics, among other subjects, and went on to become the Principal of two colleges: Deshbandhu College and later Maitreyi College. She was my biggest source of inspiration and was appointed Director of the School of Open Learning, University of Delhi.

    My specialization lies in litigation and arbitration, with a particular focus on cases on the Original Side of the High Court of Delhi as well as in the newly introduced genre of commercial suits.

    I currently run two firms, each focusing on different practice areas within the wide genre of commercial laws, primarily before the Supreme Court of India, the High Court of Delhi, the National Company Law Tribunal, the National Consumer Disputes Redressal Commission, and other tribunals and commissions.

    After completing my law degree, although joining my family’s law practice was a readily available option, I chose to join an outside office to broaden my horizons. During this time, I had the opportunity to intern with a leading law practitioner of the High Court of Delhi. After spending two years in this office and learning the ropes, I joined my family’s law practice, working alongside my father and later my wife, Ruchita. Speaking of the family practice, it began with my grandfather, the late Mr. O.P. Dutta, who moved to India from what is now Pakistan. At the time of Partition, he had a family (wife and children) and was working in a job. While working, he began studying law, completed his degree, and commenced his legal career in the 1960s. My grandfather was primarily a criminal law practitioner, and a successful one at that. My father, the late Mr. Vinod Datta, enjoyed a blend of High Court cases (civil and public law) in addition to trial court-level practice of both civil and criminal cases.

    One of the biggest benefits of growing up in a family of lawyers is that you get to hear your elders talk shop in your younger days. Client handling, in terms of managing expectations and making full disclosures about cases, goes a long way in retaining long-term clients and maintaining fruitful and healthy professional relationships with them. However, the most important aspect of practicing law is to communicate well with clients. Client satisfaction, especially in the legal profession, is directly linked to managing client expectations and maintaining attorney-client communication. Making lofty and unfounded claims that are unlikely to be delivered will lead to a breach in the professional relationship with the client. Thus far, I have been able to fulfill my clients’ expectations and deliver the desired outcomes in almost all of my cases. Therefore, working in accordance with and within these parameters is what makes me stand out from the crowd.

    What inspired you to specialize in litigation and arbitration, particularly focusing on commercial law?

    To understand one’s inclination towards litigation in general, and commercial litigation and arbitration in particular, it is essential to appreciate what lies at its core: strategy. One must grasp the complexity of layers in intricate commercial disputes and formulate appropriate strategies and courses of action aligned with the desired outcomes, which may range from protecting intellectual property rights and preserving properties to handling purely ego-driven battles among rivals. It’s the thrill of the hunt. The early exposure to such discussions at home with my father, and the excitement he experienced in technical and complicated matters (which also came with bragging rights), made the lure of commercial law practice irresistible, and my professional journey has never been monotonous. There is another underlying reason that draws a person towards commercial law practice: with higher stakes and risks come better compensation for the counsel. This specialty, in addition to being the most exciting for me, also pays rather well.

    You’ve emphasized the importance of adopting technology in legal practice. How do you see technology shaping the future of law, and what role does it play in your firm’s operations?

    I believe in constantly innovating and adapting to the changing needs of the legal landscape. One of the key ways I have adopted an innovative approach is by embracing technology in my practice.

    From the early days of my practice, I have digitized my office, making us more efficient and effective in our work by adopting use of applications such as Manupatra, SCC online, Live Law, Bar & Bench and Provakil. I have taken my offices’ legal research capabilities and automation to the next level, we also subscribed to various websites which assist in AI based document drafting. This means we can quickly and easily access documents and information, reducing the time and effort required to complete tasks. I have always been ahead of my peers in adopting the latest technology and software for legal research and dictation in my office. This has helped us stay ahead of the curve and deliver superior service to our clients.

    Another way we have been innovative is by leveraging technology to stay connected with our clients during the COVID-19 pandemic. Despite the challenges posed by the pandemic, we were able to continue serving our clients without interruption by transitioning to virtual consultations and meetings, executing all our work from home using just our laptops.

    This ensured the safety of our clients and staff alike while providing even greater flexibility and accessibility to our clients.

    Given your commitment to providing pro bono and legal aid services, can you share a rewarding experience where your legal expertise made a significant difference in someone’s life?

    We understand the importance of giving back to the community, and we handle pro bono cases for clients who cannot afford to pay for legal services. We take pride in helping those who need legal assistance the most.

    Our commitment to providing fast, efficient, and effective legal solutions, mentoring young lawyers, and giving back to the community has made a positive impact on the industry. We will continue to strive for excellence and provide the best possible service to our clients.

    For young students aspiring to excel in litigation, what actionable steps or practices would you recommend they adopt to distinguish themselves and thrive in the competitive legal landscape?

    The first and most important aspect that young students must understand is that excelling in litigation takes time and tremendous effort. The usual speech that law students get to hear about the three Ps (Patience, Perseverance and Persistence) is spot on. There has to be constant endeavour not only to outdo yourself more than your peers. One thing I picked up on early in my career was that stagnation is the enemy of growth and this encouraged me to handle and pursue litigation in various industries and sectors instead of limiting myself early on in my career to one forum or speciality. Today’s litigation landscape is constantly evolving at a rapid pace, I cannot emphasize enough the importance of being well-acquainted with technological advancements in the legal sphere and the need to adapt and stay ahead of the curve. Consequently, young lawyers must divert their time and energy to pursuing online and certification courses on diverse topics especially in the first ten years of their career.

    Beyond your legal career, you’ve mentioned your mother’s influence and her achievements in academia. How has her legacy impacted your personal values and approach to life?

    My mother was perhaps the hardest-working person I have ever known. Two important values that I learned from her are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth. In simple terms, being able to look at yourself in the mirror and feel confident and proud only comes from these virtues.

    Get in touch with Nishant Datta-

  • “I’m a great believer in luck, and I find the harder I work, the more I have of it.” – Shweta Sharma, Advocate-on-Record at the Supreme Court of India.

    “I’m a great believer in luck, and I find the harder I work, the more I have of it.” – Shweta Sharma, Advocate-on-Record at the Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please introduce yourself to our readers and share your journey from your early days in law to becoming an advocate-on-record at the Supreme Court of India? We’d love to hear about the pivotal moments, challenges, and inspirations that have shaped your remarkable career trajectory.

    After graduating from Symbiosis Law School, Pune in 2009 I joined the Legal (Tax and Regulatory) Department of PriceWaterhouseCoopers (PwC) where I had a short stint of about a year. My work at PwC mainly included doing due-diligences for various organizations and businesses, opening on labour law and employment law queries from pan-india PwC locations. While my time at PwC gave me a lot of exposure to the regulatory side of work, from the point of view of Indian as well as international clients, I felt that I wasn’t being challenged as much – mentally as well as academically. I started speaking to my law school batchmates who were pursuing litigation and that’s when it became clear that I was missing out on the real deal. Even though the economy was in a recession in the year 2009, I did the unthinkable and put in my papers at PwC and joined Parekh & Company, which is a full-service litigation firm. To be honest, it was very difficult to take a 50% pay-cut and say goodbye to the 9 to 5 job where I had the weekends all to myself. Looking back, it was the best decision ever. Upon joining litigation, I realized that there is no concept of weekends and no fixed timings. Juniors were expected to carry work home and make sure the filings were done in time, seniors were briefed well in advance and the clients got the reliefs they wanted. There were moments where I felt I’d bitten off more than I can chew but I just kept at it and before I knew it, I fell in love with the entire process. At Parekh & Co, I was under the guidance of my “first boss” as I call him to this very day – Mr. Sameer Parekh. At Parekh & Co., I had the privilege of working on matters being argued by some of the most distinguished legal luminaries like Mr. Harish Salve, (Late ) Mr. Ashok Desai, (Late) Mr. Ram Jethmalani, Dr. Abhishek Manu Singhvi, (Late) Mr. Goolam Vahanvati, (Late) Mr. T R Andhyarjuna, Mr. Rohinton Nariman, K K Venugopal, Justice P S Narsimha, (Retd.) Justice U. U Lalit to name a few. After working in Parekh & Co. for about three years, I had a short stint at TMT Law Practice which is a technology, media and telecommunications law firm where I had the opportunity to represent clients across the entire spectrum of the media and entertainment industry, including television, films, radio, music, print and publications. Thereafter, I got married to my batchmate from law college – Diggaj Pathak, who was also pursuing litigation full time. Since we had put in about five years into the profession and got a fairly decent amount of work to pull us through, we decided that it was time now to take the plunge and go independent. That was truly the best decision of our lives. Now we were two like-minded individuals ready to take our love affair with litigation to the next level. People say it is difficult to work with one’s spouse and that one mustn’t mix business with pleasure but that has been far from the truth for us and we have had such a successful partnership where both of us have immensely contributed to each other’s growth in this profession. After spending 7 years in litigation, we became eligible to take the Advocate – on – Record examination and cleared it in the first attempt. There was really no looking back after that.  

    You have an impressive portfolio of legal representation spanning various tribunals and courts. Could you share a memorable experience from your early days in the legal profession that shaped your career trajectory?

    Due to the work ethic I was exposed to at Parekh & Co., I learnt that one must never say no to any kind of work and that litigation encompasses more than just the Supreme Court or the High Court. There are so many tribunals and quasi-judicial bodies in Delhi like National Green Tribunal, Ministry of Mines, Central Information Commissions, National Consumer Fourm, Employees Provident Fund Appellate Tribunal, Debt Recovery Tribunal, Central Electricity Regulatory Commission, Armed Forces Tribunal, Appellate Authority for Revenue cases etc. So there is really no dearth of work. There were times when I wasn’t sure if I could do justice to a matter but I was fortunate enough to be surrounded by such encouraging seniors and mentors who provided me with the necessary push so that I could give my 100% to the cases in question. I had the opportunity to appear very frequently before the Telecommunications Disputes Settlement Appellate Tribunal (TDSAT) when Justice Aftab Alam (Retd.) was the Chairman. Justice Alam was extremely encouraging of women practitioners and would often appoint me as Advocate Commissioner in matters which really helped me build my confidence. Similarly, Justice Shiva Kirti Singh (Retd.) also appointed me as Local Commissioner in several cases for which I had to travel outstation and that again really helped me understand the telecommunications and broadcasting sector from close quarters. Apart from TDSAT, I had the privilege of working with Mr. Krishnendu Datta, Senior Advocate on various company matters before the NCLT. I was greatly inspired by Mr. Datta’s work ethic and the way he completely immerses himself into cases really had an impact on me. I also love to brief Mr. Gopal Sankaranarayanan, Senior Advocate for my Supreme Court matters from whom I get to learn so much. He is truly an exceptional individual. Then I had the good fortune of working with Mr. Meet Malhotra, Senior Advocate on several telecommunications and broadcasting matters. Words cannot describe how much Meet Sir helped me in building my practice in the energy sector. His trust and faith in my work has helped me immensely. I am deeply indebted to these individuals.  

    With your extensive involvement in telecommunications and energy sectors, what sparked your interest in these particular areas of law?

    To be honest I never imagined that I would be practicing so extensively in these sectors but that’s the beauty of being a first-generation litigating lawyer – you never know what you’re going to get and sure enough you never say no to any kind of work! Having said that, I had the opportunity to work in the telecommunications sector early on because my partner was already handling the work in that area for a few clients. So, when we started working together, I had to naturally shoulder the responsibilities with him. Some of the cases before TDSAT were extremely high-stakes and in those matters we would brief Mr. Meet Malhotra, Senior Advocate from whom we got to learn so much. As far as work in the energy sector is concerned, I owe most of what I know in this field to Mr. Buddy Ranganadhan. Buddy Sir is an outstanding lawyer and briefing him is such an enriching experience, every single time. 

    Balancing a career in law with personal interests is crucial for holistic well-being. Could you share some of your hobbies or interests outside of the legal realm that help you maintain a sense of balance?

    To be very frank, it is super hard to maintain a work – life balance being a litigating lawyer and even more so if you’re a female litigating lawyer. And if you are a mother, then you need multi-tasking skills of a different level. Even if you ace this time management, be prepared to pay the ‘motherhood penalty’. Yes, the legal profession is not immune to it. Every day of the week, we are in court and the evenings are spent lamenting on the cases listed for the next day. Sometimes, you’re in multiple courts on a single day and your meal-timings go for a toss. Then Saturdays are for the district court cases and Sundays are for drafting assignments, conferences with senior advocates and client meetings. One has to also take out time for social and professional commitments. In all this chaos, it is very easy to actually lose sight of your own health and the health of your loved ones. So, keeping fit – mentally as well as physically – is of utmost importance. I try to be active and take out time to take my toddler out to the park and ensure that I take at least 4 vacations a year. I carry work with me on those vacations too, much to my partner’s dislike, but that’s another story. I also enjoy judging moots and have had the privilege of judging some moot court competitions like the FDI International Arbitration Moot, the KTS Tulsi Mock Trial Competition etc. I also love to interact with young law students, especially first-generation lawyers who are sometimes overwhelmed by litigation practice and have had the privilege of speaking at the Delhi Faculty of Law on the topic of Career as an Advocate-on-Record. I also try to give my services to those who cannot afford it and have done a few pro-bono matters. The appreciation I receive from my pro-bono clients is really immeasurable. 

    Starting a legal career can be daunting for many young aspirants. What advice would you offer to the current generation of law students and aspiring lawyers looking to make their mark in the legal profession?

    There are a couple of things that one must mentally prepare before joining the legal field. Firstly, always and I mean always remain an “eager beaver”. Everyone will see it – Judges, clients, seniors as well as colleagues – it will help you generate new work. Secondly, never say no to any case even if it is small research – you will learn so much from it and that knowledge is to be treasured. Thirdly, be prepared to sometimes miss out on important personal events like weddings, funerals, birthdays etc. as you may have a deadline or the limitation would be expiring in a particular case. If you have taken up some assignment or matter, you cannot leave it halfway no matter what. Having said that, it is also incumbent upon you to then make it up to that family or friend who’s function you missed. Fourthly, there will be times when you may be reprimanded at – by the Judge or your senior. Do not take it to heart, listen to what they are saying as they have experience which you don’t and experience must be respected at all costs. Fifthly, be kind to your support staff – court clerks, driver, office boy, nanny, cook etc. You will be most effective if you have a strong team backing you up. Sixthly, be grounded and grateful. It is easy to lose sight of where you started from when you’re making a lot of money but one must never take any matter – big or small, for granted. Lastly, be fair to your opposite counsel. There is life outside court also. We are a small fraternity and people talk. Not all cases you get would be very high stakes, but be determined to prove yourself. Slowly but surely, the work will start pouring in from all quarters. 

    Being a female practitioner in a male dominated profession do you have any specific advice for women who are keen to join litigation?

    Let’s face it, the ratio of women-to-men in the legal profession is abysmally low. But the demographics are changing over the past few decades. While it is true that the legal profession demands long hours and constant availability, I want to tell these women who want to join litigation that the fruits of the hard work you will put in will be immense. If you are a working mother, and this holds true for any field, you will be perceived as less committed to your career because it is assumed that you choose to work only because you have financial needs to fulfil. Employers are wary of hiring mothers as it is thought that since they have familial responsibilities, they will be less dedicated to their roles. But this notion is completely wrong, and, if at all, only applies to a very small percentage of working women. We can be as passionate, as driven and as ambitious as our male counterparts. We are currently blessed to have Justice D Y Chandrachud as our CJI who is a staunch supporter of increased participation of women in the legal profession. He values inclusivity of women lawyers and makes a mention of it not just in open court but also at every public platform he speaks at. He was very pleased to see a dramatic increase in the number of women appearing virtually before the courts during and post-covid as it provided them the comfort of appearing from the safety of their homes. In 2024, a committee headed by our CJI designated the highest number of female senior advocates that have ever been designated by the Supreme Court in its entire history since 1966. Just imagine, 12 in 75 years and 11 in just one year! Justice Chandrachud has also encouraged more and more women to come forward, contest elections and hold positions of responsibility in the bar associations and the bar councils. He has further advocated for institutional support (like creches in courts) to ensure more and more female lawyers are inducted and retained in the profession. This augurs really well for us women practitioners. We should take full advantage of this changed scenario. In the coming times, I’m sure there will be more designations and more elevations. Personally speaking, I feel so inspired looking at the women senior advocates practicing today. Few senior advocates whom I have briefed and who had a great impact on me include Mrs. V Mohana, Mrs. Madhavi Divan and Mrs. Haripriya Padmanabhan. I hope to one day have the opportunity of working with (Retd) Justice Indu Malhotra, Mrs. Indira Jaisingh and Mrs. Aishwarya Bhati as well, all of whom are outstanding lawyers. So, my advice to young women aspiring to join litigation would be to perform decently at law school, write legal articles, if possible, take your internships very seriously and once you start a career in litigation, just stick with the grind. The results are inevitable. 

    As an advocate-on-record and panel counsel for esteemed organizations like TRAI, WBSETCL, Eastern Coalfields Limited and Central Coalfields Limited, what strategies do you employ to effectively represent your clients’ interests while upholding your own ethical standards?

    Preparation is key obviously. Secondly, I inform the client of all the eventualities because anything can happen in court so one has to be prepared in advance. If the client has been slightly in the wrong, and is informed in advance of the probable reaction from the court, then it can give suitable instructions to his lawyer about the extent of the concession the lawyer can make on its behalf. Thirdly, if there is a senior counsel being briefed in the matter then he/she has to see how invested you are in the case. It makes it all the more interesting for them. Since some of the matters for these clients are very high stakes, I always get instructions in writing to avoid any miscommunication later on. 

    Your educational journey includes international exposure during your schooling in the United States. How do you think such cross-cultural experiences contribute to a lawyer’s ability to navigate diverse legal scenarios?

    I studied in California for about three years and it was such an enriching experience. Since my father was in a transferable job, I changed almost eleven schools and had the opportunity to stay in many different parts of India too. This gave me so much exposure as I had to get used to adapting to a new place every few years. That helped me tremendously. The legal professional is so multi-faceted. You may be able to impress your client with your legal knowledge but if you’re not able to smooth talk your way in a Bihari or a UP accent with the Court Master or the Alhmad to get a certified copy or a shorter date then what is the point of all the fancy education that you have had?  

    Becoming an Advocate-on-Record involves rigorous training and examination. What motivated you to pursue this prestigious designation, and how has achieving it impacted your legal career and approach to advocacy?

    So, it is very important to understand that one doesn’t magically start getting Supreme Court briefs simply because one has cleared the Advocate-on-Record examination. In order for a steady stream of Supreme Court cases to come your way, you have to have what we refer to as a “parent high court” where the advocates from that particular high court keep sending you matters regularly to be filed in the Supreme Court. But the fact of the matter is that many first-generation advocates like myself do not have any such contacts with any high court so the cases initially will be far and few. One has only to ensure that they give their 100 percent to those cases. Soon enough, your client, your colleagues, your seniors will spread the word which will certainly translate into more matters. Having said that, choosing to practice exclusively in the Supreme Court is a completely personal choice and if that is the path you have chosen as a first-generation lawyer then you must keep reaching out to the lawyers practicing at various High Courts to generate Supreme Court work. But I speak for myself, I consciously did not want to restrict myself to practicing only in one court. I took the exam because I wanted to have this added qualification so that in the event a situation arises where I’m required to approach the highest court of the land, I should be able to do so myself without asking anyone else to be my AoR. I was also able to generate supreme court work by practicing in various forums like the National Company Law Appellate Tribunal, TDSAT, National Green Tribunal, Appellate Tribunal for Electricity etc. 

    You’ve been associated with the law office of DPSS, which holds a prominent position in the legal landscape. Could you share some insights into the working of your firm?

    The Law Offices of DPSS was founded by my husband (Diggaj Pathak) and I about ten years ago. Diggaj was my batchmate at law school and we started out with just a handful of matters. We are soon going to complete 1000 files together. Though we have grown since our founding, we are the same agency at heart. We approach each of our clients with fresh eyes to offer them customized and unique strategies. We are result oriented, in as much as we try and get speedy relief for our clients instead of keeping them embroiled in litigation which can sometimes last for several years in our judicial system. If the circumstances permit, then we actively try to mediate and settle the cases for our clients which can sometimes get better and faster results than adversarial litigation. We feel we owe this to our clients and to our judicial system. Ultimately, as lawyers we must not burden our courts unnecessarily and if there is a way to sit across the table and negotiate terms of a settlement then we always explore that option. 

    Get in touch with Shweta Sharma-

  • “There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level”- Prathamesh Sawant, Deputy General Manager – Legal at Sula Vineyards

    “There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level”- Prathamesh Sawant, Deputy General Manager – Legal at Sula Vineyards

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you tell us what inspired you to pursue a career in law and how your educational background in commerce influenced your legal career?

    My inspiration and interest in pursuing a career in law came from my elder sister, who is also a lawyer and works with a reputed MNC as Head of Legal. During my SY B.COM summer holidays, I had the opportunity to read a few of her books, and I found them incredibly interesting. The subjects were practical in nature, and the knowledge could be implemented in day-to-day life.

    Having a commerce background gives an edge in understanding the commercial transactions of the company and to dissect financial statements which has proved to be beneficial in cases involving corporate litigations, mergers and acquisitions, etc.   

    How did your initial experiences as an intern at Idnani & Idnani Advocates shape your understanding of the legal field?

    My initial experiences as an intern at Idnani & Idnani Advocates played a crucial role in shaping my understanding of the legal field. I started my internship at this esteemed law firm right from the day I enrolled for my LL.B. program and worked there for 18 months. This early exposure was invaluable, as it allowed me to witness firsthand how the theoretical provisions we study in books are implemented in the real world.

    Working at Idnani & Idnani Advocates provided me with hands-on experience in various legal tasks, such as drafting documents, conducting research, and observing court proceedings. This practical experience was invaluable in bridging the gap between academic studies and real-world application.

    Overall, my internship helped me understand the practical aspects of law, enhanced my legal knowledge, and confirmed my passion for pursuing a career in this field.

    You have worked extensively in both litigation and non-litigation areas. How did your role at Auroma Law help you develop a diverse skill set?

    A major part of my litigation experience is derived from my tenure at Auroma Law. As an intern, I was initially responsible for filing matters, issuing summons and warrants from the department, appearing before the Prothonotary and Associates of the High Court, and preparing the first drafts of complaints, petitions, notices, and replies.

    I completed my law graduation while working at Auroma Law and was then absorbed into the firm as an Associate. They handled a large volume of criminal cases, and during my tenure, I independently appeared before all the magistrate courts within the Mumbai District. This provided me with quality exposure to criminal matters and helped me immensely to understand the entire procedure of criminal trials, from filing to final order.

    The experience at Auroma Law helped me develop into an in-house counsel who can manage and mitigate legal risks, strategize litigations and disputes, and protect the interests of the companies I work for.

    At Sharekhan Ltd, you handled a variety of legal matters. Can you share a significant case or project from this time and its impact on your career?

    During my tenure at Sharekhan Ltd, I transitioned my law career from practice to in-house corporate counsel in 2014.

    I vividly recall a high-stakes matter where a customer obtained a favorable order against the company in arbitration, directing us to make a substantial payment. The management urgently instructed us to obtain a stay order on the arbitrator’s decision due to its potential significant impact on the company’s balance sheet. We quickly briefed our counsel, prepared the challenge, filed it, and successfully secured interim relief within just three days of the impugned order.

    Navigating the complexities of share transactions and explaining them to our counsel, resulting in obtaining a stay order in such a short timeframe, was a notable achievement. This action effectively safeguarded the company from a substantial financial impact.

    Working at Mahindra & Mahindra Financial Services Ltd, you dealt with high-stakes litigation and non-litigation matters. What were some of the key challenges and achievements during your tenure there?

    At Mahindra & Mahindra Financial Services Ltd, the substantial volume of cases posed significant challenges in overseeing filings, ensuring order compliance, and timely submissions such as replies and rejoinders.

    One of the key challenges was to establish a streamlined process to manage the entire lifecycle of legal matters. Recognizing the need for efficiency and accountability, I developed and implemented a robust process that facilitated the management of cases from initiation through to conclusion. This involved creating frameworks for tracking deadlines, coordinating with internal teams and external counsel, and ensuring adherence to legal and regulatory requirements.

    At Thomas Cook (India) Ltd, you played a crucial role in the acquisition of trademarks and IP domains. Can you elaborate on this experience and what it entailed?

    At Thomas Cook (India) Ltd, I played a pivotal role in managing high-stakes non-litigation matters, particularly in handling intellectual property rights (IPR) portfolios, mergers and acquisitions (M&A), foreign collaborations, and multi-jurisdictional contracts.

    One of the significant aspects of my role involved overseeing the acquisition of trademarks and IP domains. This included conducting thorough due diligence to assess the value and risks associated with potential acquisitions. I collaborated closely with internal stakeholders and external advisors to negotiate and finalize agreements that safeguarded the company’s intellectual assets across various jurisdictions.

    Navigating the complexities of IP law and international business transactions required meticulous attention to detail and a strategic approach to protect Company’s interests. This experience not only deepened my understanding of intellectual property management but also enhanced my skills in negotiating and executing complex contractual agreements on a global scale.

    Your current role at Sula Vineyards involves leading M&A and IPO projects. What are some critical aspects of managing such high-profile legal initiatives?

    My current role in Sula is a combination of various portfolios I have managed till date in different companies.

    Handling multiple acquisition projects at Sula has provided me with invaluable experience, but it’s the involvement in the IPO process as part of the legal team that has been particularly exciting and promising.

    In such projects, multiple activities happen simultaneously at the same time and tracking your tasks and delivering correctly within the timelines becomes extremely important. There is no room for delay or error. Your strategy has to be full proof as there are multiple stakeholders involved.

    As someone with extensive experience and numerous accolades, what advice would you give to fresh law graduates entering the legal profession today?

    The legal sector has evolved significantly since the beginning of my career to the present day. There is a growing trend for companies to establish in-house legal teams to manage their legal compliance and requirements internally, rather than outsourcing every task. This shift has created numerous opportunities at every career level.

    For fresh law graduates aspiring to build a career in corporate law, I recommend gaining practical experience in a law firm or under a practicing advocate for at least a year or two. This experience helps build a strong foundational understanding of the law and provides invaluable confidence and skills necessary for success in corporate settings, whether in litigation or non-litigation roles.

    Get in touch with Prathamesh Sawant-

  • “What doesn’t kill you, makes you stronger,’ made me stronger to face the hardships the life of a Lawyer would bring upon.” – Navod Prasannan, Partner (LITIGATION) at KRIA Law.

    “What doesn’t kill you, makes you stronger,’ made me stronger to face the hardships the life of a Lawyer would bring upon.” – Navod Prasannan, Partner (LITIGATION) at KRIA Law.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You initially pursued a Bachelor’s in Business Management before shifting to law. What motivated you to transition from BBA to LLB,  Can you share how your journey began, including any mentors or specific experiences during your education at College that significantly influenced your career path? 

    The transition was not voluntary and Hon’ble Supreme Court had a major role to play in it.

    In 2003, between the choice of joining National University of Advanced Legal Studies, in Kerala, and ICFAI LAW School, although I hailed from Kerala, I choose to join ICFAI LAW School for B.B.M LL.B. (Hons) at it Hyderabad Campus. The primary reason for choosing to join ICFAI LAW School was being allured by the course content and teaching methodology, advertised in the brochure then, was very promising. The principle ‘Caveat Emptor’ was taught by life example by ICFAI then. Before completion of the 2nd year, in 2005, it was informed that the B.B.M and LL. B degree of the College which was affiliated under Chhattisgarh Private Sector University Act, 2002, was struck down as unconstitutional by Hon’ble Supreme Court and that the batch of ours could not be continued. It had come to almost an existential crisis that not only two years of college life is lost, probably a career in law was never going to be there.

    It was after a lot of talks with the College Authorities, solutions emerged and it was offered that we complete the last year of Graduation at the Dehradun Campus of ICFAI University and will be conferred with B.B.A degree and thereafter whoever was interested to pursue M.B.A, would be given lateral admission to M.B.A degree to the ICFAI Colleges and whosoever was interested to pursue law could pursue law from Colleges of their Choice. Although distraught, accepting the offered solution, we went to Dehradun. Undeterred to the dream of being a lawyer, pursuant to final exam, I applied to ILS Law College, Pune and Campus Law Centre, Delhi. Until I secured admission, I moved to Delhi and started working with IBM and later at Convergys (BPO Sector). Working in the BPO sector, improved my communication skills and during the training period, befriended and met a lot of interesting individuals. Spending time with people and understanding their nature, especially from different parts of India, the discussions on various topics improved my perspective on how to narrate the facts and impress upon it. These discussions, had later, came to be of use while drafting Plaints and Petitions and while arguing cases.

    I was able to secure my admission in ILS Law College, Pune (2006-09) for three-year course. I was staying in an apartment next to ILS Law College where the other roommates were from Symbiosis Law College including my dear friend Advocate Rony John. Most of my dear friends among the legal fraternity were formed here. The apartment used to house at time more than 30 college students. We had a library with the discarded books of the roommates who left for jobs after the final year college. The apartment was first choice among many students for preparing moot court memorials and research. More law was learnt during the discussions in the apartment with friends who were preparing for moot courts.

    During my three-year law course, much to various other factors shaping my decision, I was lured to attempt the Civil Service Examination. After my final examinations in 2009, I shifted back to Delhi for preparing Civil Service Examination. Thrice I cleared preliminary examination, but could not clear Mains Examination. After 2012 Mains attempt which I wrote in Kerala, while waiting for the results, I applied with M/s Menon and Pai Advocates in Ernakulam for the post of Associate Lawyer. The aspirant in me knew there was no further aspiration to attempt once more if I don’t clear the Mains. It was time to adorn the black gown.

    I had applied with M/s Menon and Pai Advocates around September, 2012 and my confirmation came in December, 2012. For around two months I was attached with Chambers of Advocate K.S Babu at Ernakulam. Adv K.S Babu Sir’s son, Advocate Babu Shankar, was a dear friend and being absolutely new to Court practices, I was introduced to trial court practice. Representing during roll call is an art in itself and I learnt how to submit during roll calls and obtain adjournments and even ensure adjournment requests by opposite side lawyers are not acceded by the presiding Judge stating the urgency in the case. In fact, the office Clerk Mr. Murali encouraged me to take representation chits from other offices too and make as much representations as possible so as to gain experience, acquaint with other fellow lawyers and be a known face in the Court.

    Upon joining M/s Menon and Pai Advocates, I started initially with the High Court practice, primarily Writ Courts, then moving on to Labour Law practice. I had the opportunity to appear before Assistant and Regional Provident Fund Commissioners, Authorities under the ESI Act, EPF Appellate Tribunal Camp Sitting in Kozhikode, Labour Courts at Kollam, Ernakulam, Kozhikode and Kannur, Industrial Tribunals at Trivandrum, Kollam, Idukki, Alappuzha, Palakkad, Kozhikode, Statutory Authorities under the Payment of Wages Act, Bonus Act, Minimum Wages Act and also under Industrial Disputes Act. Cross examination of Claimant and Claimant witness and cross examining the statutory officials, was enriching experience to prep myself for the in depth trial court practice on the Civil side in the years to come. Around 2015, at my instance, I shifted internally within the firm into Civil practice. It is during this tenure, I jumped into the deep waters of Civil law practice starting my tryst with Civil Procedure Code, 1908. I was also fortunate to associate myself on drafting Plaints and Written statements in Original suits; Writ Petitions and counter affidavits in Writ matter; First Appeals from Orders against Interlocutory orders in Original suits, Appeals from Final decrees, Second Appeals from First Appeal Orders; Claim petitions and Defence statements in Arbitration matters; Versions on behalf of Opposite party in Consumer matters. The Pleadings and nature and style of drafting each, are not only different and has to be structured differently according to each Court and sometimes according to the presiding judges. I was fortunate to have my drafts corrected by Senior Partners of Menon and Pai – Justice Jaishankar Nambiar Sir (High Court of Kerala), Justice Gopinath Menon Sir (High Court of Kerala), Senior Advocate E K Nandakumar, Advocate Gopikrishnan Nambiar Sir, Senior Advocate Benny P Thomas Sir (now Senior Partner with Thomas and Thomas Associates), Advocate John Mathai Sir, Advocate Joson Manavalan Sir. What has to be said, how it has to be said and where it should be said are the hallmarks in pleading. I learnt the same and even understood the nuances of how different the pleadings are in Original Suit vis- a-vis Writ Petition, between Claim Petition in an Arbitration and Original Suit for Specific Performance, between Appeal suits and Writ Appeals etc. during my practice at M/s Menon and Pai Advocates.

    The journey took me from Kerala to Hyderabad to Dehradun to Delhi to Pune and then back to Delhi and later back to Kerala. The journey although was strewn with hardships, existential crisis at times including closing down of the College I had enrolled with; the people I met at the cross roads of the journey, the problems and how the solutions came across in life, looking aback, prepped me for the life ahead. The hardships were definitely rewarding and as its goes, “What doesn’t kill you, makes you stronger”, made me stronger to face the hardships the life of a Lawyer would bring upon.

    Having represented clients in more than 400 litigations since 2017, can you discuss one particularly challenging case and the insights you gained from it?

    Being a first generation lawyer, I could never conjure the courage to start my independent chamber practice. Dear friend of mine, Advocate Krishnamohan Menon, inspired me to take the first step. Even if abject poverty could become the outcome, the hunger to practice law with one’s own clientele, was alluring to start independent chamber practice. Another dear friend of mine, Advocate Unni Kappen, offered to share space in his Chamber and thus was born M/s Navodaya Law Solutions in March, 2017. My first work was to draft a Memorandum of Understanding for a purchase of a property. This drafting was done by me carefully wording the clauses. I was fortunate to have drafted and vetted several agreements on behalf of M/s BPCL and M/s Symega Food Ingredients Ltd among many other clients, that Contract drafting and its nuances was taught during my discussion with the senior officials of the respective companies. Mr. Venugopal (Retired Senior Legal Manager) of BPCL and Mr. Mathews Jacob (Retired -CFO- Symega Food Ingredients Ltd) have been instrumental in helping me understanding the nuances of the Contract drafting. These skills came to help in drafting the MOU, which when later had ended up as a land grabbing case by impersonating my client and executing the Sale Deed, I was fortunate to have the confidence of my Client who in spite of being advised to engage a Senior Counsel, entrusted the brief with me and I was able to get the land grabbing undone, the registered documents declared as forged and the revenue records rectified. An act of registration of sale deed by impersonation amounts to an act of fraud. I was able to advise my client, not to resort to the remedial course of Civil Court declaration and injunction simpliciter, but approach the Inspector General of Registration (IGR) for setting aside the document. The land grabbers had grabbed not only my Clients property but also adjoining properties of the relatives of my Clients. While they were suggested by their respective counsels to move the Civil Court and had instituted Original Suits after remitting hefty Court fees, I moved the IGR for cancellation of the deeds and also moved the High Court to direct the sub registrar to not permit any further conveyancing of the disputed property until IGR decided my application. High Court was pleased to issue the directions and also directed IGR to consider my application at the earliest.  Finally, IGR was able to ascertain that the Sale deed was registered by an act of impersonation and the sale deeds were cancelled. The clauses of the Agreement were also tested by both Civil Court (in Suit for Specific Performance filed by Land grabbers) and High Court for whether the land grabbers had a charge on account of advance payment and were entitled for prayer of specific performance. I was able to convince the Court that charge was not possible as the clause was clearly worded that Advance payment was not refundable if the sale was not completed at the instance of the purchasers. As the purchasers, admittedly committed the act of land grabbing, there is not possibility of the proceeding with the sale, and therefore, the Advance amounts being not refundable, the charge on the property was not possible and the specific performance was not possible.

    The challenge in the entire proceedings was that the land grabbers were politically connected and the police authorities were completely hesitant to act. The complaints before police authorities were on the garb of investigation moving at a snail’s pace, I had to think out of box and invoke the High Court’s writ jurisdiction to ensure that the further conveyancing of the property was not undertaken, albeit the same even if registered may have no validity in the eyes of the law, a further transaction would bring in more respondents to the proceedings and therefore further time spend on that. The lessons learnt from my Seniors and practice at M/s Menon and Pai Advocates, helped to me use statutory remedy for cancellation of sale deed than approaching a civil court for declaration and invoking High Court for interim remedy. This act and course of action, adopted, proved to be successful and the entire course of proceedings culminated in less than a year.

    I was also fortunate to be the lead Petitioner Counsel in the issue of Director Disqualification wherein I had filed 100 plus writ petitions on behalf of 100 plus directors of various companies challenging the acti of disqualifying the Directors from acting as Directors of their Companies for five years and was also the lead Petitioner Counsel for candidates who failed in the Review Medical Examination in Combined Examination for Assam rifles and CAPFs. At both occasions, without engaging Senior Counsel, clients had entrusted the matters to me to argue before the High Court, in spite of the stakes involved. I have been also glad that I have always been approached by Lawyers to be handed briefs as I had varied experience in handling matters arising from Arbitration, Intellectual property Law, Labour, Electricity, Consumer, White Collar crime, Company and Insolvency, Securitisation etc. and roughly 40 percent of my cases are Lawyers briefs in my practice at Kerala. I will always recommend that if one can burn the midnight oil, and conduct your cases diligently, you will also be engaged by fellow lawyers to conduct their briefs and this will cement your belief, yes one is moving in the right direction. I would also say, do have the courage to refer mattes to fellow Advocates who have better experience in the subject area so that you do justice to your Client and learn in the process too.

    Over the years, you’ve handled numerous arbitration cases, including high-stakes ones like the Tamil Nadu PWD appeal, which had a significant impact. Can you elaborate on how your approach to arbitration has evolved throughout your career? What specific strategies or methodologies have you developed, and how do you ensure you remain at the forefront of arbitration practices?    

    My tryst with Arbitration Laws started while assisting Advocate Joson Manavalan Sir in Arbitrations. Arbitration resolves disputes, primarily, based on what documented right or obligation has been vitiated and therefore the game is won based on documents. The art of pleading has to more to do with art of pleading the documents. If by documentary evidence, one can substantiate the award can be granted, then the Arbitration is won before it has been awarded. However, if the documents are not a clear winner, then it will all rest on the cross examination and arguments. The art of preparing the Defence Statement in Arbitration is another skill altogether. The difference between Defence statement in Arbitration and written statement in an original suit are two different pleading styles. While at first blush, one would think aint it all a game of denial, however, the art of denial is different in both. While Civil Procedure Code, 1908, clarifies the nature of denial in written statement, denial in defence statement are governed by terms of contract, procedure of the Arbitral Tribunal e.t.c. In arbitration, the Claimant and the Respondent being parties to most of the documents, the defence lawyer has relatively a tougher role to play pleading that the Claimants prayers are to be rejected inspite of admission of documents.

    Time and ease of procedure is what attracts the litigants to Arbitration. My approach has been to advise the Client from the time of drafting the Arbitration Clause into the Agreement, including the number of arbitrators, timelines, interest payable, capping of Arbitrator fees etc, the issuance of section 21 notice and the disputes clearly stated in them, filing of Section 9 Application and Section 11 Application. Preferably, prepare the Claim Statement and Section 17 Applications, if any, and file it on the first sitting, thereby cutting timelines for a speedy culmination of proceedings, if appearing on behalf of the Respondent, file section 16 Application, study the documents threadbare, preparing for the cross examinations and be ready for the hearing without taking adjournments. I have not developed any methodologies separately for Arbitration, except the study of documents. Its interesting to see what a documents offers as aid when the documents are examined and re-examined multiple times.

    The only way to ensure to remain at the forefront of Arbitration is to update on daily basis the interesting developments in the field of Arbitration law. High Courts are competitively coming out with judgements and interpretations in the field of Arbitration Law and there is never a dull day in the evolving of Arbitration law. Although judicial review has steadfastly attempted to apply the pigeon hole theory and thereby let the sanctity of the Award and the Arbitrators application of facts remain paramount, arbitration is evolving and has unfortunately evolved to absorb all lacunae’s of civil litigation. Throw in the whims and fancies of the Arbitrator, at times, Arbitration stands on the threshold of losing its importance to Mediation. The recent choice of Central Government not to have Arbitration for disputes above 10 crores and above is a clear sign of the weariness of the system of Arbitration has evolved into. If Central Government directs officials to resort to Mediation for disputes above 10 crores, then is time the stakeholders in Arbitration learns how to skim and streamline the present Arbitration process.

    Right from appointment of Arbitration under Section 11, the Arbitral Tribunal, if consisting of three Arbitrators, convening and completing the proceedings therein, moving to Section 34 Challenge of Award and Section 37 Appeal results in years of time spend in Arbitration and Court proceedings. A contractor who has not been paid, invoked Arbitration and even after obtaining the Arbitration Award does not see the awarded amounts, will have no use when the money is ultimately paid after 7 to 8 years.

    Arbitration Act ought to have a major overhaul to ensure Arbitration achieves what it promised to achieve i.e., speedy and less expensive dispute resolution process compared to Civil Courts, generally tedious and expensive dispute resolution process. However, with Commercial Courts functioning with strict timelines, summary judgement in commercial suits being pronounced much faster compared to the timeline an Arbitral tribunal culminates its proceedings by issuing the Award, it is time for stakeholders and Advocates ‘of’ Arbitration and ‘in’ Arbitration to introspect.

    White-collar crime cases often involve intricate financial transactions, regulatory compliance issues, and complex legal frameworks. Could you elaborate on the unique challenges these cases present, and how your approach navigates these complexities to ensure effective representation for your clients?  

    White Collar crimes stands elusive as a niche area of practice as it involves intricate financial transactions, regulatory compliance issues, and complex legal frameworks. However, as its nothing complex compares to Rocket science, one will need ardent interest to learn the subject, patience to review the document multiple times, threadbare understanding of the technicalities with the help of the subject expert and ability to understand the loopholes. Every Criminal proceedings needs the Advocate to obtain first if possible anticipatory bail, otherwise, custodial bail, interim reliefs during the time at the jail, quash of the complaint or proceedings or FIR or chargesheet, conduct of trial and final hearing. A thorough understanding of the criminal procedure code and the statutory provisions relating to the offence, is key to undertaking the brief. There are certain provisions that without being aware if one undertakes a brief, and not taking recourse to the non compliance of the provision which necessitates grant of bail, are unpardonable mistakes being committed at the cost of the liberty and life of the Accused.

    As I said, this field of Law only needs us to be thorough on facts and law in relation to the brief. It wouldn’t take aeons to achieve this optimality to undertake the brief, but anything less would ensure the Accused would spend donkey years in prison.

    I have been fortunate to have been guided in defending my Clients under the tutelage of Senior Advocate Raman Pillai, from whom I learnt how to traverse the complex technicalities. I was initially not well versed with the complexity in white collar crime. It took dedicated reading and was able to defend and also presently defending my clients alleged scams over several hundred crores. The proceedings being sub-judice, it will be best I leave the facts arising out of it from my answer herein.

    What I have learnt is again threadbare reading of the documents filed by the Police. The eye has to be trained to see the chinks in the FIR, Charge sheet, mahazaar, arrest memo etc. There are mistakes committed by Magistrate Courts too while issuing directions to register FIR. Once these are identified, then ‘go for the kill’ is the best expression I could say. But knowing what it is, is the key. Its need several years of practice and attending Court proceedings on a regular basis.

    How do you manage to balance your extensive litigation work across various courts and tribunals in both Kerala and Tamil Nadu?  

    Over the period of years, I was concentrating my practice around commercial law. Due to various factors including geo-political handicaps, the nature, complexity and variety of Commercial litigations that I could undertake were limited in Kerala. I felt, the my knowledge and depth in practice was getting stagnated and not feeling challenged about the litigations I was being handedover.  The neighbouring state, Tamil Nadu, in my observation was having the Appellate Tribunals NCLAT and DRAT; National Green Tribunal for South India. The Principal Bench of High Court at Madras had Original side jurisdiction and that attracted me further to watch the proceedings online during Covid lockdown.

    While I did not want to go back to Delhi to further enhance my practice areas, I thought it is best to take a risk to move to Chennai and see if I can make it work. Strong personal reasons too conspired the decision, and I was fortunate to connect with Advocate Thomas T Jacob of M/s Thomas And Associates, Anna Nagar, Chennai through my dear friend Advocate Krishmohan Menon, and was offered to be the Partner, Practice Head-Litigation. It was interesting to learn Letters Patent Act, 1970 and Original Side Rules, 1994 among others to learn about Madras High Court. Although the risk was high in losing out practice in Kerala by moving to Chennai, I was sure of myself that I will be able to make it. I was given several examples of people who attempted this and had to go back. It gave me all the more reasons to go all guns ablaze. In the very first year, I was able to appear before NCLT Chennai, NCLAT, DRT Chennai and DRAT, NGT, High Court, Subordinate Courts initially through matters of M/s Thomas And Associates and slowly briefs were entrusted to me from the brother lawyers. I had quit M/s Thomas And Associates in the month December, 2023 and was Independently practicing.

    I was fortunate to meet Advocate Jacob Kurian, Senior Partner, KRIA Law, through a business platform, and an expression of interest to join KRIA LAW was offered to me. After discussions with Advocate M.S. Bharath, Founder and Senior Partner, KRIA Law, and Advocate Jacob Kurian, in the month of April, 2024, I joined M/s KRIA LAW as its Partner (Litigation) and merged my practice with KRIA Law.

    I manage both the works at Kerala and Tamil Nadu through KRIA Law. KRIA Law has a very structured litigation handling process put in by Advocate M.S. Bharath and the young lot at the firm are very enthusiastic and its through them I now handle the litigations and Clients of Kerala. The video conferencing and option to reach Kerala by air travel within hours makes it easy to handle the work and Clientele.

    As a lawyer, my experiences till date, since moving to Chennai in 2022 has been enriching, daunting and was naturally filled with struggles. I believe, struggles are a constant part of life. Either you create struggles in your life or life will create struggles for you. When you choose your struggles, you have an option to traverse it at your wish and will. Growth follows struggle. Hence, Iam of the opinion, choose your struggles, before life chooses one for you.

    Outside of your legal practice, do you have any hobbies or interests that help you maintain a work-life balance?

    I have a very rewarding sedentary life which gives me ample time to do more work. I am made to understand that will not fly for long. Hence, apart from my only interest of reading books, I have started on certain other interests. But it’s too early to say, where that road leads.

    It’s necessary to have work-life balance. The latest trend being work life integration. I am working towards it. I try to engage myself and spend more time at home on Saturdays and Sundays, and I would not want to be preaching when I have not practiced it, but can definitely say, if the balance/integration is not stable, the repercussions arising out of it makes the heavy work life not worth it. Hence, I would offer as my suggestion, work optimally but live fuller.

    What advice would you give to young lawyers who aspire to have a diverse and impactful career like yours?  

    Diverse Yes, but ‘Impactful career like mine’ is far-fetched, I have just scratched the surface. Dedication and loyalty to the brief, if not to your office; determination and mind set to Grit to traverse through office politics, complaining seniors and irritated judges and sly opposite side lawyers. One of the best quote to know is “your client is your first enemy”. A wrong order will make the Client to go bonkers on you. Hence loyalty to the Client, I would advise is not the right option, loyalty to the brief is what I suggest. Even if the Client irritates you, ignore it, concentrate on the brief. The brief has found its way into your hands, therefore treat it and take care of it with all your wits and determination. Think out of the box and don’t rely on judgements. Have original thoughts and read statutes on the issue of law than trying to find answers to issues of law through judgements. Calm your nerves when Judges are not ready to hear you, understand that they might be having a reason to react. Find that out and resolve it rather than simmering over why you were treated that way.

    Invest in Books, invest in yourself. Travel destinations, expensive wines and watches will always be there. Work hard and it will find its way to you than you finding your ways to it.

    You’ve represented high-profile clients like SONY and Makemytrip in consumer forums. What strategies did you employ to ensure the best outcome for your client, and what lessons did you learn from the experience that have influenced your approach in subsequent consumer protection cases?

    SONY was not a direct client and I was handed the work by Advocate Rajat from Delhi. Consumer cases are mostly skewed in favour of Complainant. Opposite party should be ready to take the beating. Its by raising technical issues, you win consumer litigations in favour of opposite party. Makemytrip matter was also engaged by a counsel Advocate Afif. In that matter, I had cross examined the Complaint on the issue of maintainability as the Complaint was filed in Ernakulam CDRF and the territorial jurisdiction, according to me ought to be in Thrissur CRDF. It was admitted by the Complaint that the booking was made by the Complainant while he was in Thrissur and therefore no cause of action arose in Ernkualam to institute the Complaint. I had to cross examine and bring out the fact that by making the witness affirm the time he took for driving from Ernakulam to Wayanad and the booking time shown in the map would place him further from Ernakulam and more in or around Thrissur, calculating the time he reached the hotel where the deficiency of service was alleged. The questions on time forced the answer.

    While at M/s Menon and Pai Advocates, I was representing Corporate Entities mostly Builders, FMCG companies etc. The cases are defended mostly on technical grounds and if the deficiencies are quite evident, reliance on the documents was paramount. It was after starting Independent practice, I was filing complaints for consumers. The learning curve was good as after having defended Corporate entities, I was mostly aware of the grounds that will be taken and while drafting the Complaint I didnt leave any chance for that to be taken as a ground to reject the Complaint.

    In Consumer matters and even in any other matter, the search for details among the documents and the relief prayed are important to assess the course of the litigation. If the documents do not clear the path to favourable judgement, then cross examination of the witness is the key. Understanding the witness and knowing when to crack the witness are key traits one picks by diligently assisting Seniors and watching cross examination of good lawyers.

    Strategies always depends from case to case. I try not to leave the outcome of the litigation to luck. If I lose a matter, I should be able to say I did my best and no other lawyer could have done any better. Otherwise, the Client would have been wrong in choosing you. That fear drives me to work diligently on the file. There are certain approaches I do employ on being presented with a brief. But its mostly case to case. One should know whether being offensive or defensive and when to be evasive. These nuances, form as though process by working on briefs under guidance of seniors and later on ones on briefs not for the financial benefits but for the value the profession wishes to render to the society. As lawyer, especially trial lawyers, we forge history in the courtrooms and the black gown gives us that power. When you have a stake in creating history, better be prepared to adorn that black gown with dignity.

    What skills does your firm look for when selecting interns, and how did your own internship experience shape your professional development?  

    I had done a two month’s internship in the year 2005, with the Chambers of Advocate Challa Kodanda Ram (who was later designated as Senior Advocate and then elevated as High Court Justice). I was sole intern to nearly twelve plus lawyers, where I was assigned research works, drafting work, make notes of cases in which Challa Kodanda Ram Sir had appeared and was reported in the Law journals. The notes of the cases were completely handwritten and went in two volumes. The arduous task multi-tasking between the research and drafting for all the lawyers single handedly, not having a laptop then, and not being in a position to carry office files to hostel, leading to me taking permission and staying late in the office, resulting me in sleeping in the office and waking early to go to hostel and reach office to brief Advocates of the research done and the drafts corrected. I ended up also drafting a Writ Petition in its entirety under the guidance of Challa Kodanda Ram Sir. Presently Senior Advocate, Mr Vikram Posserla, who was then attached to the office then, was the main Advocate I was reporting to. I learnt a lot of Vikram Sir, who had openly told me that he will make the internship hard enough for me and told me to be ready to go through it. True to his words, Vikram Sir used to ensure that Iam given work load of two days to be completed in a day and ensured that before leaving, ask me the status. It was then when after struggling and coping with the pressure, Vikram Sir had ensured that I was ready to be a Litigating Lawyer. The Chambers of Challa Kodanda Ram Sir was practicing in almost every area of law possible and therefore I was introduced to almost every area of law including the Subordinate Courts functioning and High Court. I stand heavily indebted to Challa Kodanda Ram Sir, Vikram Sir and the lawyers present there then in introducing me to the world of Litigation and giving first-hand experience.

    The only skill I look for an intern is the mindset to take the tasks head on and work on it. Figure things out and reach out when they hit the wall. Interns should realise that whatever work given will always be beyond them, but as per the lawyer what they should be ready to explore. Attempt it with full heart and the intern will see how enriching and rewarding will be their efforts. There are time Interns stumble upon certain judgements for a hearing and it becomes useful for the Lawyer. Sometime a third perspective comes from the intern in the issue of law being researched upon. Enjoy and value your Internship time is what I would advise Interns. Keep your statues closely, read them and acquaint yourself with law. You will see its benefits later.

    Get in touch with Navod Prasannan–

  • “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

    “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Coming from a family with a strong legal background , did you ever consider pursuing a career outside of law?  How did you eventually decide to follow in our family’s footsteps, and what challenges did you face in your initial days as a lawyer?

    I believe each person must carve out a profession for themselves based on their capabilities and interests. However, it is a reality of life that, when making a career decision, individuals are consciously or unconsciously influenced by the career choices their parents have pursued. I was no exception. My father was a leading and well-known lawyer during his time. I saw him put in long hours of hard work and be sought after by many. But what influenced me significantly in my career decision-making was the great respect and influence he commanded across a cross-section of society. I believed this was because of his position as a lawyer. In later years of my practice, I realized this was true. My father conveyed through his career that the legal profession was unique in various ways. It was intellectually elevating and honorable in its practice; lawyers were highly respected and commanded a following. I closely watched my father’s analytical skills, which he applied to matters of public importance, domestic issues, philosophical and religious thoughts, and more. I admired his approach to men and matters, which I attributed to his being a lawyer. My father did not actively promote the idea that I should pursue the legal profession; it was my decision, which he supported. Considering my father’s quality of life, I must frankly admit that I did not even consider a profession outside of law. The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.

    Being a lawyer’s (later a High Court Judge’s) son had both benefits and challenges. The benefit I derived at the operational level was not very significant because there was a large gap between the time my father stopped practicing and when I started. Nonetheless, the benefits were obvious—infrastructure and the reputation of being so-and-so’s son. However, the challenges were quite intimidating. First, every action of mine and every expectation from me would be compared to my father’s. Any slight deviation would be met with skepticism. Second, I faced the overwhelming challenge of proving myself worthy of being my father’s son. I realized fairly early in my career that no one can ride on the reputation of another, no matter who the other may be; you have to prove your worth. Clients will not stay unless they develop confidence in you. A father’s reputation can take one up to a point and no further. In this profession, everyone has to carve out a niche for themselves.

    How did your father’s career as a judge influence your approach to law and justice?

    As a judge, I have noticed my father being equally concerned with the problems of a small person and a matter involving high stakes. He would tell me how, in reality, that small person had more at stake in the litigation than the so-called big one. For the former, it was a case of livelihood, while for the latter, it was generally not. Sympathy for the less fortunate was his guiding factor. This has had a significant impact on my approach to my career. This perspective has always remained in the background, even while being deeply involved in commercial law practice.

    For example, as a legal advisor for a large public sector corporation, I would receive numerous files for opinions regarding the title for granting house loans to Class IV employees. If I had strictly applied all the rules of title due diligence, none would have qualified for the loan. That would have shattered the dreams of these families to buy or construct a small home. My heart did not permit that approach. I relaxed the rules and cleared the titles on a “by and large basis.” This approach was largely influenced by my father, balancing law and humaneness. I am thankful for that.  

    During your tenure as partner at Dua Associates, you managed a large team and handled litigation practice nationwide.  What were the key lessons you learned from that period which you still apply today, and what led to your decision to leave the firm and become Senior Advocate?  What were the main factors that influenced this career move?

    During my tenure as a partner at Dua Associates, I interacted with numerous lawyers across the country and beyond. I also dealt with several in-house counsels of multinational corporations. This experience broadened my horizons. I realized that everyone has their unique way of approaching and solving problems, and no one was 100% right or wrong. Incorporating thoughts from all quarters, from senior to junior, enabled us to find the best possible solution to a problem. This was especially true because the lawyers came from different backgrounds and jurisdictions. Some adopted a legalistic approach, others a commercial approach, and a few a practical approach. Each one had their domain expertise. This opened my eyes to the fact that team effort is always more beneficial than when a problem is handled by a single lawyer. No one can have knowledge in all branches of law, and invariably, legal issues have different angles. This exposure humbled me to realize that no one can claim to be superior to another, and each has their role to play, which is as important as the others. This experience has stood me in good stead even today as a Senior Advocate, as I have continued to respect the approach and views of lawyers and in-house legal counsels.

    Counsel practice is an art in itself. I realized that my strength lies in that field. I wanted to spend more time sharpening my skills rather than spending time in the actual preparation of briefs through direct client interaction. This is what influenced me to change the course of my practice, even though I have always enjoyed client interaction and strategizing. My stint at Dua Associates has been the most enjoyable phase of my career. Designation as a Senior Advocate during my time was by invitation and not by application as it is today. Generally, when one is invited to take the silk, it is considered an honor and recognition and therefore not refused. Once conferred with the designation, in my view, continuing as a partner of a law firm was not an option.

    Since being designated as a Senior Advocate in 2008, how has your approach to handling cases evolved? What are the unique challenges and responsibilities that come with this title?

    The first challenge of being a Senior Advocate is to sift the grain from the chaff. That is what I have consistently applied in my role as a Senior Advocate. The briefing counsel will, of course, tell me all the facts and issues involved in the case as they should. It is up to me to pick the best points and highlight them to the court. The second challenge is the manner of presenting a point. It is essential to present it in the most persuasive manner. This requires quiet and deep deliberation even before entering the courtroom. I have rehearsed the opening sentence of a case in my mind several times before uttering it in court. If you engage the judge in your case within the first few minutes, a large part of the case is won.

    Duty towards the court and the client is common for all advocates, whether designated or not. The unique challenge and responsibility of a Senior Advocate is towards the briefing counsel. It may be that the briefing counsel is not yet experienced or is lacking in preparation. I would not highlight this in a conference where the client is present, as it would damage the interests of the instructing counsel and/or demotivate them. The art is to gently suggest a corrective course without injuring anyone’s interests. In many instances where I found a fundamental error in the approach or advice of the counsel on record, I have separately called the lawyer and pointed out the error, suggesting corrective action. I believe this to be the duty of a Senior Advocate towards the briefing counsel, in addition to the duty and responsibility towards the court.

    As the Chairman of the Bhavan’s BBMP school, you are deeply involved in educational initiatives for underprivileged children.   Can you tell us more about this role and its impact on the community?

    Our school has over 850 children, most of whom come from the neighboring slum areas. Facilities like electricity, water, and internet connection, which we tend to take for granted, are a luxury for them. The parents come from economically and socially disadvantaged sections of the community. A school-age child is considered another working hand and a potential earning member. In this atmosphere, it was initially a challenge when the school was started to promote the concept of education among that community. After 15 years, we have come a long way. Today, the parents and children are very enthusiastic about the school. Promptly at 8 am, the children arrive at the school, neatly dressed in their uniforms and well-groomed. Seeing these enthusiastic children at school, who might otherwise have been directionless, is a divine experience. The school is an English-medium institution with a CBSE curriculum. The school and the children always remind me that if given the opportunity, children will grow up to be responsible and civil citizens. The biggest mistake and crime is in not providing opportunity, and this thought has always haunted me. In fact, before our school was established, the area was noted for its high crime rate. Now, the police authorities tell us that the crime rate has significantly decreased because the children are the best change-makers.

    You regularly contribute to Deccan Herald and other publications on legal and philosophical topics. How do you find time for writing, and what motivates you to share your insights through these platforms?

    If one has the interest in doing something, finding time is the least of the impediments. What motivates someone to do something is a genuine interest in that activity. That is the simple answer to the question: how do you find time to write? The sheer desire to write and engage with a reader of average intelligence is what truly motivates me. My target is not the learned or the wise but those who have the interest but don’t know how or where to begin. My desire is to kindle their interest in both the subject and the art of communication. In other words, to provide food for thought.

    Looking ahead, what are the areas of law that you believe will be most critical in the coming years, and how should the legal profession prepare for these changes? What advice would you give to the young law students and budding lawyers who aspire to make a successful career in law? What skills and qualities should they focus on developing?

    Roscoe Pound famously said, “Law is social engineering.” This has always been true, and it is even more relevant today and in the future as times change. The aspirations of people and social norms are evolving rapidly. Gender equality, same-sex marriages, live-in relationships, LGBTQ rights, privacy obligations, and other issues now occupy center stage in public debate. Notions of morality that were once accepted and taken for granted are changing, and the law must keep pace with these changes.

    In my view, these issues will be critical in the coming years, and lawyers and law students must think outside the box to find legal solutions to complex social problems. Additionally, the changing demands of growing technology and transborder relationships—whether personal, business, or professional—must be addressed. The world is becoming increasingly interconnected, and relationships are becoming more seamless. Lawyers and legal researchers can facilitate this change and make the world a better and more peaceful place.

    Focusing on these and other emerging branches of law will enable a budding lawyer to succeed in their career. To achieve this, one must develop a thirst for knowledge from all over the world. A successful lawyer should excel not only in the legal field but also cultivate an interest in subjects unrelated to law. It is essential to remember that one is a human being first and a lawyer second. Developing the quality of being a good human being is fundamental.

    Furthermore, a lawyer should develop effective communication skills. Learning languages without any mental blocks is crucial, with English being a must. Knowledge and communication skills should go hand in hand with analytical skills. Analytical skill is an art that one can develop only through conscious practice. This can happen if you commit to understanding an issue fully before proceeding further. Finding a solution is the next step.

    With the rapid advancement of technology, how do you see the role of technology influencing the practice of law? Are there any particular tools or technologies that you find indispensable in your work?

    Technology today has permeated all aspects of our lives and activities, and the practice of law is no exception. In fact, the practice of law should embrace technology more and more so that we lawyers become more efficient in providing services to our clients and assist the court in dispensing quicker justice. I have personally benefited from technology. I am able to present arguments in court without physical papers as I have fully adapted to technological tools like Liquid Text. I find myself faster and more efficient in locating a particular document or fact in a large brief using this technology. The adage “Change or Perish” is truer today than ever before. However, a warning: Technology should supplement our intelligence, not supplant it. Innate intelligence, not artificial intelligence, is the core strength of a lawyer.

    Over 45 years of practice, you have represented numerous high profile clients.  Can you share a particularly memorable case that had a significant impact on you personally or professionally?

    “It is difficult to pinpoint a particular case among the many I have handled in my career. I am who I am today, both as a human being and as a lawyer, because of the amalgamation of lessons learned from various cases. It has been a profound study of human traits and behavior. No case is too big or too small; each has its own lessons and morals to impart, aiding in personal evolution. This defines my approach and personality.”

    With such a demanding career, how do you unwind and relax after a long day in court?  Do you have any hobbies or routines that help you maintain a work life balance?

    The legal profession is a demanding endeavor. Therefore, one must be vigilant not to become so absorbed as to lose the joys of life. I am fortunate to have largely mastered the skill of drawing boundaries, although my family might disagree. Early in one’s career, one should enjoy what they do; as one progresses, they should do what they love. This is a nuanced art, and I am fortunate to have made significant strides in that direction. Whether one likes or loves their work, nothing becomes a source of stress. This is the key to unlocking relaxation and alleviating stress. Writing, reading, religious, and social activities are my ways of unwinding. I particularly enjoy traveling and sightseeing. As I mentioned before, when you are passionate, time never feels like a constraint. 

    neigneighbour

    Get in touch with K G Raghavan –

  • “Most of the legal assignments are the same irrespective of different industries as they are governed by the law, however some assignments are industry specific which need to be learned”- Alok Saxena, Head – Legal and Compliance, Hippo Homes

    “Most of the legal assignments are the same irrespective of different industries as they are governed by the law, however some assignments are industry specific which need to be learned”- Alok Saxena, Head – Legal and Compliance, Hippo Homes

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share with us what initially drew you to pursue a career in law, especially after completing your M.Sc. in IT and B.Sc. in science-related fields?

    Law has been my favourite subject since childhood and I want to serve justice to the needy people who can’t afford the cost of litigation.

    What motivated you to shift from an IT background to a legal career, and how did your science and IT education influence your approach to law?

    I had started my career as a programmer in a MNC but I didn’t get internal satisfaction so I have shifted to the legal field. My IT background gave me an additional advantage to learn various laws including cyber laws.  

    What were some of the key challenges you faced when you first started practicing law, and how did you overcome them?

    Legal field is very wide so whenever I get challenges, I discuss with my seniors and also do detailed R&D on the same.  

    With a diverse background in various industries such as retail, manufacturing, FMCG, education, and real estate, how did you develop your core competencies in areas like contract management, litigation, and intellectual property management?

    Most of the legal assignments are the same irrespective of different industries as they are governed by the law, however some assignments are industry specific which need to be learned. Different industries gave me an opportunity to learn new things and enhance my core competencies.

    Can you walk us through your career progression, from your early roles to your current position as Head – Legal & Compliances at Hippo Homes? What were some pivotal moments or decisions along this journey?

    I have initially practised before the court and later shifted to corporate and worked with various good conglomerates like Dalmia Bharat Group, Blackberrys, GNC. The pivotal moment was shifting to corporate and joining Guardian Pharmacy as Head of Legal and Compliances.    

    You’ve managed complex corporate transactions and legal strategies for major organizations. Can you share a particularly challenging legal case or transaction you handled and the strategies you employed to achieve a successful outcome?

    Starting a new retail business of Dalmia Bharat Group in the name of Hippo Homes and later the said business transferred from Dalmia Cement (Bharat) Limited to Hippostores Technology Private Limited, it was a challenging task and successfully completed.   

    As a leader guiding legal and compliance teams, what strategies do you find most effective in fostering team collaboration, driving performance, and ensuring adherence to compliance standards?

    To understand the competency of team members, their strengths & weaknesses, and   assign the task based on their interest and also support their weakness. 

    What advice would you give to fresh graduates who are entering the legal field today, especially those who are looking to develop a diverse skill set and work across various industries?

    Firstly they should decide their career objective based on their interest and try to achieve the same. They shall not divert their career path due to any challenge or leverage. 

    Get in touch with Alok Saxena-