Could you please share with us what motivated you to pursue a career in law, particularly specializing in areas such as consumer protection, banking disputes, and money laundering prevention?
The idea of arguing in a court of law fighting for justice for the client appealed to me. It is a powerful profession wherein the work you do can have a huge impact positively on others as well. The judgments which are rendered by the courts have the potential of having an all India impact and it gives a sense of satisfaction.
Your work has had a significant impact on consumer rights, as seen in numerous landmark cases handled by you. What inspired you to champion the cause of consumer protection in your legal practice?
When you are taking up cases for consumers against a service provider which are large corporate entities , you are essentially fighting for the weaker party against a stronger party having superior bargaining power. The service providers have more financial resources at their disposal and often engage the best of lawyers and have the best in-house legal teams, thereby making it tough for consumers to get speedy and good quality of justice. This is one of the reasons why I take up cases for consumers. It is a challenge to fight cases against a party with more financial strength.
With your expertise in navigating complex legal frameworks like the Prevention of Money Laundering Act, could you shed some light on the challenges and strategies involved in handling such cases effectively?
The only strategy is to go fully prepared to court on facts as well as law for each and every hearing and avoid taking unnecessary adjournments. Completion of pleadings in time is another important aspect. If one has completed the pleadings in time and one is fully prepared to argue, the bench also appreciates it and it creates a positive impact on the court.
You’ve been involved in several high-profile cases that have garnered attention from the press. Can you share any insights or lessons learned from these experiences that have shaped your approach to legal advocacy?
The lesson learnt is that a laid back attitude is to be avoided and one has to be constantly alert and on one’s toes. Having an enthusiastic approach to work also helps. One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided. This helps in gaining the trust of the court.
The legal landscape is constantly evolving. How do you stay abreast of changes in legislation and judicial precedents to ensure the best representation for your clients?
There are many good legal websites like Livelaw, Barandbench and other newspapers which keep lawyers and the public in general informed about the latest judgments being delivered by the courts. One must keep reading the articles published in these websites and newspapers to stay updated about the latest judgements and the development in law.
One of your notable achievements includes a Supreme Court judgment which laid down the law in favour of homebuyers’ rights overturning the earlier law which was against the homebuyers. Can you walk us through the process of advocating for such a significant legal shift and the impact it has had on consumer rights protection?
One of the landmark cases which I handled was earlier the law. Once a homebuyer accepted possession or executed the sale deed/ conveyance deed, he would lose his right to claim delay compensation from the builder. I was a part of the SC judgment where this law was reversed in the homebuyer’s favour where homebuyers’ right to claim delayed compensation even after accepting the possession or executing sale deed survives. This judgment was passed in view of the fact that in a consumer dispute the service provider has a superior bargaining power and it often bulldozes its way to get things done the way it wants which are sometimes prejudicial to the rights of consumers. Many service providers have a take it or leave it approach thereby leaving very little for the consumers to bargain on or negotiate with including unfair terms of contract. This judgment will change that.
Your career spans 14 years in legal practice. What have been the most rewarding aspects of your journey so far, and what challenges have you faced along the way?
The most rewarding aspect is the fact that we get the opportunity to be part of judgments which have the potential of having an all India impact and positively affect and impact the rights and lives of others. The challenges are that sometimes delays happen in the adjudication of a case and clients get frustrated. This can be solved by appointing more judges and filling up the large number of vacancies in judicial offices.
As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law, especially those interested in specializing in consumer protection, banking disputes, and commercial litigation?
The advice is to be patient and keep working hard. To be fair to your client as well as to the court. Go to court fully prepared for every hearing and be courteous to the court and put your point across forcefully but in a respectful manner. Making incorrect statements on facts should be completely eschewed. This will also help earn the trust of the court.
Could you please introduce yourself to our readers and share the journey that led you from your early days as an Articled Clerk to your current role as a Counsel, Mediator, and Arbitrator?
In 2009 I was a judicial intern with the then Bombay High Court Judge Mr. V. C. Daga that was the period when I decided to practice as a litigation lawyer upon my graduation. In the year 2010 I joined a Solicitor Firm M. S. Bodhanwalla & Co. as an articled clerk and had 4 years of work experience in the practice areas such as conveyance, civil and commercial litigation, legal opinions and advisory assignments from corporates like Hindustan Times, Lowe Lintas, RCF Ltd. etc. I recommend the young and buddying law students to undergo such a training process. In Mumbai, we have the option to appear for the Solicitors examination which is conducted by Bombay Incorporated Law Society. I appeared for said examination after which I joined Cyril Amarchand Mangaldas (“CAM”) in their dispute resolution team in Mumbai. My experience of working at CAM was very enriching. Handling litigations of high stakes involves tremendous readiness and preparedness in the back end. Also, in Mumbai, we follow a dual system of practice where Solicitor firms brief an arguing counsel and therefore, firms have to be always ready with briefing notes, compilation of judgments, and ensuring court records are updated and in order. My practice at law firms is of 6 years after which I started my counsel practice at Bombay High Court. I first joined the Chambers of Justice Mohit S. Shah (Former Chief Justice of Bombay High Court and Calcutta High Court) where I gained my Tribunal Secretary training and also had wide exposure to large stake arbitration matters. I then joined the Chambers of Mr. Sanjay Jain. Mr. Jain is an arguing counsel at Bombay High Court with a standing of 26 years. As an arguing counsel, my entire approach towards the practice has changed. I had to undergo a process of reformation where my basics of law were refreshed and my skills of drafting pleadings and evidence affidavits were sharpened to a great extent. In my view, these are the fundamental learning for every lawyer who desires to practice dispute resolution/ arbitration. In the year 2022 I completed my Masters in Mediation and Conflict Resolution from MNLU, Mumbai. It’s a two-year full-time course with a magnificent syllabus to enrich skill sets in mediation practice. After completing this Masters Course, I started getting references to act as an arbitrator and mediator in civil disputes. I have also been appointed as an Arbitrator by the Bombay High Court recently in a few matters and I consider myself to be fortunate that the Hon’ble Bombay High Court has entrusted with such a responsibility. While performing my role as a counsel, arbitrator and mediator I have to be constantly conscious that my responsibility is to assist the courts and parties in this process. We have to think about professional ethics and etiquttes while we take up our role as we are directly working in a public field/ domain and our actions and steps matter a lot to our clients and society at large. In the last 12 years of my practice, I have learned a lot from my seniors and colleagues. Law is a practice where learning does not stop till we retire. Our openness to learn even from our juniors testifies to our real approach towards problem-solving.
Could you walk us through what a typical day in your professional life looks like? What are some of the tasks and responsibilities that fill your day as a Counsel, Mediator, and Arbitrator?
As litigation counsel, we have a long day of about 10-12 hours of working which involves court and arbitral hearings, conferences with client and senior counsels, reviewing/ settling of the pleadings and conducting legal research to keep ourselves updated. While doing this, I do spend time at our Advocate’s Bar Association Hall in High Court where interacting with senior counsels and colleagues provides me with an opportunity to exchange ideas and knowledge with them. I have seen that in the last 15 years, the trend of young Advocates sitting in the Bar Association Hall has drastically reduced. According to me, it’s a loss to such junior Advocates as they miss opportunities of gaining first-hand interactions with senior counsels and colleagues at the Bar. Having a little know-how of the practice and profession adds to the skill-set of lawyers which makes them multi-facet in approach.
As a trained Mediator and Arbitrator, you’ve been involved in resolving several disputes. Could you tell us about a particularly challenging case you’ve handled and how you navigated through it to achieve a resolution?
During my training process, I was taught that the goal of a good mediator is not to arrive at a settlement but to move the parties from their rigid position to a flexible one and provoke them to think about the solutions by encouraging dialogue between the disputing parties. My endeavour had always been to follow this teaching. So far I have handled about 150 mediations referred through the ODR platform SAMA to me and a couple of arbitrations that involve Bombay High Court-referred matters as well. Being a young practitioner sometimes I do find my role as a Mediator and Arbitrator challenging, but once we start practising to be a good listener and adopt neutrality it helps us a lot to navigate the parties towards solutions. This requires a lot of patience and controlled temperament. In one of the mediation matters (I cannot disclose particulars of parties due to confidentiality) where the dispute was between a multinational bank and a customer, the bank constantly tried to use the mediation meetings to pressurise the customer to pay back the alleged outstanding loan with interest. This was during the COVID period. The customer alleged that the bank was charging a higher interest wrongfully. Instead of speaking to each other parties initially resorted to the issuance of strong-worded legal notices, which triggered their egos. When the matter was referred to me, I had the challenge of bringing both the parties on same platform for a dialogue as they were not willing to see each other’s face. However, gradually with the mediation process moving further parties started attending mediation meetings. There was a time when they started exchanging verbal talks during the joint caucus. That was the time when I encouraged them to exchange some without prejudice written proposals. The parties did that and the dispute was resolved amicably. In this matter I see the victory of both parties, however, to bring them on same table to start the communication was a herculean task, by putting open ended questions to them, I had to prepare them mentally to leave their ego aside and come forward to have a joint talk.
Transitioning from working at Cyril Amarchand Mangaldas (“CAM”) to starting your own practice must have been quite a journey. What motivated you to take this leap, and what are some key lessons you’ve learned along the way?
My tenure of working at law firms was 6 years. I joined CAM after I worked at M. S. Bodhanwalla & Co. for 4 years. I was conscious that my role at CAM is going to be challenging as I was hired as a direct lateral and not through their campus recruitment annual training program. However, my earlier experience of working at a mid-size Solicitor firm helped me to navigate the work challenges of big law firm. At a big law firm, the infrastructure and support team provided to us is very helpful and efficient. Team learning and working is the main feature there. Delivering work before time is always expected on high mandate matters and that keeps us on our toes. If one cannot do this at the age of 25-26 when else will we do such action learning. This golden opportunity provided me the launch pad for leaping independent counsel practice. As a litigation counsel in Mumbai, the initial years are quite challenging in terms of getting briefed and generating revenue on your own. At the same time, the role of a counsel is of much more responsibility than the role of an Associate of a law firm. As counsel, we are all on our own when we appear before the court to argue a matter. We are shouldered with the responsibility to present the case before the court by applying the best of our abilities. Some cases have merits few don’t but our readiness to face the court and ensure best assistance to the judge is far more challenging. I got my inspiration from my spiritual mentor His Holiness Spiritual Sovereign Jainacharya Yugbhushansuriji Maharaj Saheb to take up this challenging role of an arguing counsel. His Holiness has entrusted upon several significant matters pending before the Supreme Court and High Courts/ Trial Courts in India, involving the rights of the Shwetamber Murtipujak Jain community. This role was challenging initially but later on after gaining good learnings from my seniors and colleagues I now do not find any challenge while appearing before the Supreme Court in such significant matters. The lessons which I have learnt so far is that we must first have faith in ourselves before we start looking for help outside. Litigation is a practice which provides fruit at a later stage but the sacrifice and rigours of initial days makes us efficient and better individual/ professional. So far I have had opportunities to assist legal stalwarts like late Mr. Fali Nariman, Mr. K V Viswanathan (presently a Supreme Court Judge), Mr. Harish Salve, Mr. Dushyant Dave, Mr. Arvind Datar, Mr. Darius Khambata, Mr. Navroze Servai, Mr. Ravi Shankar Prasad, Mr. C S Vaidyanathan in various matters involving tricky constitutional and such other legal issues. This was possible only after I chose to practice as a litigation counsel.
You’ve been a frequent contributor on various issues, including public policy, diplomacy, and the use of technology in the legal field. Could you share your thoughts on how technology is shaping the future of dispute resolution and legal practice?
Technology and law can go hand-in-hand. I am working from a paperless office post-COVID rollout. According to me, we lawyers will have to adopt technology wherever possible in our day-to-day practice as it has resulted in ease of doing practice. Imagine it was due to this advanced video conferencing technology that our Supreme Court and High Courts were able to function uninterruptedly even during the COVID lockdown. Today majority of my arbitration and mediation meetings are conducted virtually. Not limiting it to meetings, but data storage and utilisation are also done through cloud cloud-based system. Effectively, all my briefs are accessible to me 24×7. This has resulted in improved efficiency and quick delivery of solutions to the Attorneys/ clients. I am confident that in the next 5 years, we will have the majority of our Trial Courts providing us with virtual hearings and e-filing facilities. This will not only make the legal practice more inclusive and wide but will also cut down the pendency of cases.
Balancing a legal career with personal interests can be challenging. Outside of your legal practice, what are some hobbies or activities you enjoy to unwind and recharge?
Honestly, my first 10 years in the practice have been completely devoted to my work and training process under the guidance of my seniors and mentors. However, I have found my interest in reading the autobiographies of legal luminaries from India’s legal practice. I also read spiritual books regularly as it motivates me to take up higher challenges. Post-COVID health and fitness have been my priority and I ensure that I have physical exercise or morning walk sessions daily along with yoga. I have realised that those who do not take care of their mental and physical health during the early days of practice have to face tough times in the later phase. Our legal practice is such that with the rising age number of dockets keeps increasing, in such a scenario it is necessary to focus on health and mental well-being from the initial days. My thoughts for all my young colleagues is to stay away from addictions of smoking, drinking alcohol and drugs or any such harmful habits that shall severely affect our mental, physical and financial well-being. To be vocal about this, to some extent smoking a fancy cigar or cigarette might have been glamourised in our profession by some stalwarts but young lawyers should be mindful to understand that besides addictions we have many more other good qualities to adopt from them. I also, dedicate some time to pro bono matters which have been my activity to pay back to society. I am empanelled with the Bombay High Court Legal Services Committee where I am entrusted with cases to argue for the underprivileged and marginalised individuals. Appearing in these matters gives me a feeling of satisfaction.
Your work involves advising clients on an array of transactional matters, including contracts and tenancy laws. What are some common misconceptions clients have about these areas, and how do you address them?
Since I am practicing as a counsel in Mumbai my direct exposure to dealing with clients is very minimal. Conferences through a Solicitor with a client are a very easy thing to handle. But, there are occasions when I am entrusted tasks either through the Legal Aid Committee or through such pro bono service or social obligation where I have to come across direct interaction with clients and at such times I have to be mindful to keep very simple and lucid language while interacting with them. Using legal jargons during client counselling is not at all necessary. What matters is to give a simple solution within the framework of law. I have needed to recuse myself from situations where my advice was sought on some issues which to my mind were not legally feasible. I have made a point that I take a strong stand in such a situation rather than surrendering to the situation for the consideration of fees. Ours is a noble profession nobility of which is to be maintained by we people as the famous saying is “charity begins from home”.
Reflecting on your experience as an Ad Hoc Committee Member of the Students’ Council and your participation in moot court competitions, how do you feel moots help students in their legal career or enhance their skills? Can you share some insights into the practical benefits you gained from participating in moot court competitions during your law school days?
I was fortunate to have good exposure to moot court competitions at Government Law College, Mumbai (“GLC”). My college has been at the forefront in producing great mooters who have won several national and international moot court competitions. I participated in about 10 moot court competitions which are state, national and international. My first-hand experience in drafting a memorial for such a moot court competition is the foundation of my drafting skills. The mannerism to argue at moot court competition forms the bedrock of my present arguing skill. Conducting legal research by reading commentaries and journals was taught to us during our moot court preparations. I feel every law student must participate in at least 2-3 moot court competitions during their academic career. Also, today I cherish those days of preparing for the moot court competition where we used to fearlessly argue the propositions and by doing so regularly we developed a skill to argue real-life matters. I had many friends in my law school days who had stage fear and benefitted a lot due to their participation in moot court competitions. Being part of the Ad-Hoc Committee of the Students’ Council I feel it provided me with an atmosphere to develop a leadership skill and work in a team with modesty for shared goals. We executed several remarkable events (M C Chagla Lecture Series and many more) in GLC through the Students’ Council. I was also part of the legal aid committee at GLC during my college days. I have had an opportunity to visit central jails and help the poor needy under trials to make their representations and letters for bail application.
Starting a career in law can be daunting for many young professionals. What advice would you give to the current generation aspiring to make a mark in the legal field?
Unlike other professions, ours is not a profession to only earns money. Rather ours is a “practice” which word is predominantly used to address the legal profession (a noble profession). May it be litigation or non-litigation; the practice provides us with several opportunities to serve the society. If we go back in the past, the majority of our freedom fighters and founders of the independent India were lawyers. They played a pivotal role in nation-building through their legal knowledge and acumen. Just like doctors we lawyers are also pillars of the society. My message to the current generation aspiring to make a mark in the legal practice is that have an ethical practice with honest conviction of the work which we do. Even the top practitioners and law firms in India and abroad have highlighted the importance of ethical practice in legal profession. This is because ethics and values play a big role in what we advise and perform. I often come across my Solicitor’s complaint regarding law students abruptly changing law firms during their internship/ para-legal period. I feel this practice should be discouraged as while doing these students create an image of being not reliable and credible. Always remember our credibility is something that will get the best work and results in the profession for us without which we cannot consider ourselves to be in the noble profession. Also, there is a hot issue in discussion these days whether interns/paralegals should be paid hefty stipends or not. I feel that generally during the internship days our priority should be learning. We should be thankful to those seniors who take up the responsibility to teach us initially at the cost of their time and resources. Few cases of exploiting interns cannot overshadow the process prevailing in our practice i.e. teaching and investing time in a junior/ student to make them efficient lawyers. If we observe the history of our profession in Mumbai, several of the stalwarts have undergone this process of training during their initial days without getting paid any salary/ or hefty stipend. At times, non-issues are glamourised more than the significant issues and that results in setting a wrong narrative in society. What I see now and for the next 50 years in India, the legal profession will have a paradigm shift i.e. 360 degree change. The systems are becoming more transparent now. We have a live streaming of court proceedings. The introduction of digital filing and virtual hearings has made things easy and economical for everyone. Those lawyers who are afraid to adopt technology may find it difficult to sustain with time, therefore, an open mindset to adopt technology wherever feasible is the only solution.
Could you share a bit about your journey into the legal profession and what inspired you to specialize in Arbitration, White Collar Crimes, Company, and Insolvency Laws?
My journey into the legal profession was deeply influenced by my upbringing in a family that valued justice and integrity as I have seen my grandfather perform his duties as a High Court Judge. As a first-generation lawyer, I was inspired by the power of law to effect positive change in society. My interest in arbitration, white-collar crimes, company law, and insolvency laws stemmed from a desire to navigate complex legal landscapes and provide strategic solutions to clients. These areas not only challenge me intellectually but also allow me to contribute meaningfully to corporate governance, dispute resolution, and ensuring compliance with regulatory frameworks.
With over 9 years of experience, you’ve handled a diverse range of cases from representing individuals against gambling regulations to corporate disputes worth billions. How do you navigate such varied legal landscapes?
Indeed, my experience has been diverse, spanning from advocating for individuals facing regulatory challenges in areas like gambling to handling high-stakes corporate disputes worth billions. To navigate such varied legal landscapes, I rely on a combination of thorough research, collaboration with experts in specialized fields, and a deep understanding of legal principles. Each case presents unique complexities, but by staying adaptable, keeping abreast of legal developments, and leveraging my interdisciplinary skills, I’m able to provide effective representation tailored to the specific needs of my clients, regardless of the legal terrain
You’ve had significant experience in representing companies before various courts and tribunals. What are some key strategies you employ when handling high-stakes cases, particularly those involving complex contractual disputes or insolvency matters?
When handling high-stakes cases, especially in corporate matters, several key strategies come into play. Firstly, thorough preparation is paramount. This includes comprehensive case analysis, anticipating potential challenges, and developing robust legal arguments. Secondly, effective communication with clients is essential to ensure alignment on goals and expectations. Thirdly, strategic negotiation and alternative dispute resolution methods are often explored to mitigate risks and achieve favorable outcomes outside of court. Additionally, building strong relationships with opposing counsel and maintaining professionalism in all interactions can help in navigating complex legal proceedings. Ultimately, my approach revolves around a combination of meticulous preparation, strategic thinking, and proactive communication to safeguard the interests of my clients in high-stakes scenarios.
Given your extensive experience in drafting legal documents and notices, could you walk us through your process for ensuring accuracy and effectiveness in such critical tasks?
Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles. My process begins with a thorough review of the relevant laws, regulations, and case precedents to ensure accuracy and compliance. I then work closely with my clients to understand their specific needs and objectives, tailoring the language and content of the documents accordingly. Throughout the drafting process, I employ rigorous quality control measures, including multiple rounds of review and peer feedback, to catch any errors or inconsistencies. Additionally, I prioritize clarity and precision in language to ensure that the documents effectively convey the intended message and stand up to scrutiny in legal proceedings. By combining legal expertise with a methodical approach to drafting, I strive to deliver documents that are not only legally sound but also strategically crafted to achieve the desired outcomes for my clients.
In your experience, what are some common challenges or misconceptions clients face when dealing with arbitration proceedings, especially in complex commercial disputes?
In my experience, clients often face several challenges and misconceptions when dealing with arbitration proceedings, particularly in complex commercial disputes. One common challenge is understanding the intricacies of the arbitration process itself, including the selection of arbitrators, procedural rules, and the enforceability of awards. Additionally, clients may underestimate the time and cost involved in arbitration compared to traditional litigation. Misconceptions about the finality of arbitration awards and the ability to appeal decisions also arise frequently. Furthermore, navigating multi-jurisdictional issues and enforcing awards across borders can pose significant challenges in international arbitration cases. To address these challenges, I prioritize proactive communication and education, ensuring that my clients have a thorough understanding of the arbitration process and its implications. By providing strategic guidance and advocating for their interests effectively, I help clients navigate arbitration proceedings with confidence and achieve favorable outcomes in even the most complex disputes.
Your expertise extends to navigating the intricacies of criminal law, including cases involving white-collar crimes. How do you approach defending clients in such cases, balancing legal strategies with maintaining their reputation and integrity?
When defending clients in cases involving white-collar crimes, I approach each situation with a dual focus on legal strategy and reputation management. Firstly, I conduct a comprehensive analysis of the legal aspects of the case, examining evidence, statutes, and precedents to formulate a robust defense strategy. This may involve challenging the prosecution’s evidence, negotiating plea deals, or presenting compelling arguments in court.
Simultaneously, I prioritize protecting my client’s reputation and integrity. This involves proactive communication with stakeholders, including the media, investors, and the public, to ensure transparency and maintain trust. I work closely with my clients to craft messaging that emphasizes their commitment to ethical business practices and compliance with the law.
Throughout the legal proceedings, I remain vigilant in safeguarding my client’s rights while also advocating for fair treatment and due process. By balancing legal strategies with reputation management, I aim to achieve the best possible outcome for my clients while minimizing the impact on their personal and professional integrity.
You’ve been involved in high-profile cases ranging from extradition proceedings to representing leading manufacturers and exporters against allegations of corruption and money laundering. How do you handle the pressure and public scrutiny that often accompanies such cases?
Handling high-profile cases, whether they involve extradition proceedings or allegations of corruption and money laundering against leading manufacturers and exporters, certainly comes with its share of pressure and public scrutiny. To effectively manage these challenges, I rely on a combination of resilience, professionalism, and strategic communication.
First and foremost, I prioritize maintaining a steadfast commitment to upholding the principles of justice and due process. This serves as the foundation for my approach to every case, regardless of its profile or complexity.
Additionally, I recognize the importance of proactive communication and transparency in managing public perception. By keeping clients informed and involved in strategic decisions, and by being accessible to address concerns from the media and other stakeholders, I aim to foster trust and confidence in the legal process.
Moreover, I surround myself with a supportive team of legal professionals who share my dedication to excellence and integrity. Collaborating with experts in various fields enables us to leverage diverse perspectives and resources to mount a robust defense or pursue legal remedies effectively.
Ultimately, I draw strength from my belief in the power of the law to bring about fair and just outcomes, even in the face of intense pressure and scrutiny. By remaining focused on the merits of each case and maintaining a commitment to ethical conduct, I strive to navigate high-profile cases with integrity and professionalism.
Finally, as someone with considerable experience in the legal field, what advice would you offer to fresh law graduates looking to establish themselves in the industry, particularly those interested in pursuing a career path similar to yours?
For fresh law graduates aspiring to establish themselves in the legal industry, especially those interested in a career path similar to mine, I offer the following advice:
1. *Continuous Learning:* The legal landscape is constantly evolving, so never stop learning. Stay updated on changes in laws, regulations, and industry trends to remain relevant and effective in your practice.
2. *Build a Strong Foundation:* Invest time in honing your foundational legal skills, such as research, writing, and critical thinking. These skills form the bedrock of a successful legal career and will serve you well across various practice areas.
3. *Find Your Niche:* Explore different areas of law to identify your interests and strengths. Specializing in niche practice areas, like arbitration or white-collar crimes, can set you apart and open up unique career opportunities.
4. *Network Strategically:* Cultivate professional relationships with mentors, peers, and industry professionals. Networking can provide valuable insights, opportunities for collaboration, and referrals for potential clients.
5. *Embrace Challenges:* Don’t shy away from challenging cases or opportunities. Embrace them as learning experiences that will help you grow and develop as a legal professional.
6. *Maintain Integrity:* Uphold the highest ethical standards in your practice. Integrity and professionalism are essential for building trust with clients, colleagues, and the broader legal community.
7. *Stay Resilient:* The legal profession can be demanding and unpredictable. Develop resilience to navigate setbacks and challenges, and remember to prioritize self-care to maintain your well-being.
By following these principles and staying committed to your professional development, you can lay a solid foundation for a successful and fulfilling career in the legal field.
What motivated you to choose law as a career? and how has been the journey so far for you?
Choosing law as a career has been a deeply personal and reflective decision for me. Coming from a family with three generations serving in the Forces, where they dedicated their lives to safeguarding the nation on its borders, the motivation to contribute to society was ingrained in me from a young age.
Initially, my inclination was towards humanities, driven by a desire to directly serve the community. However, societal expectations led me to pursue the science stream after my 10th standard, even though my true passion lay elsewhere. After completing my 12th standard, I mustered the courage to break away from the confines of the science stream and follow my genuine calling for law.
The decision to pursue law was rooted in its direct connection to societal issues. I wanted a career where I could witness the real-time impact of my actions on society. Law, with its profound connection to societal structures and issues, provided the ideal platform. It presented an opportunity for me to serve society actively, particularly aiding those from marginalized communities in their struggle for rights.
While my current role doesn’t involve litigation, I have found avenues to contribute significantly. By creating legal awareness and providing advice, I am able to empower individuals in my village and beyond. Moreover, my network in the legal field allows me to connect those in need to peers engaged in litigation, ensuring comprehensive support for those seeking justice.
In essence, my choice of law as a career is not just a professional pursuit but a commitment to contribute meaningfully to societal well-being, extending the legacy of service that runs deep in my family.
Your journey from Executive Trainee (Law) to Deputy Manager (Law) at Power Grid Corporation of India has been remarkable. Could you share some pivotal moments that shaped your career progression within the organization?
I appreciate your acknowledgment of my career progression at POWERGRID. My journey from Executive Trainee (Law) to Manager (Law) has indeed been marked by pivotal moments that have significantly shaped my professional trajectory.
Commencing in 2016 as an Executive Trainee (Law) based at the Western Region-1 Headquarter in Nagpur, I encountered substantial responsibilities even during the training period. One notable instance was the Arbitration Case involving M/s Indo Nabin. Despite the challenges, we were able to restrict the Arbitration award to Rs. 48 Lacs against the Claimant’s demand of Rs. 4.53 Cr. Subsequently, through effective communication with M/s Essar Power, the owner of the consultancy works, we successfully transferred the liability arising from the Arbitration Award to them, saving POWERGRID Rs. 4.53 Cr.
Following the completion of the one-year training period, I was confirmed as an Officer (Law) in 2017 and later promoted to Assistant Manager (Law) in 2018. Collaborating with my colleague Govinda Yadav, we played a pivotal role in shaping the Law Department of Western Region-1. Overseeing more than 500 cases, spanning Land Acquisition, Arbitration, IBC, Contractual Matters, and Tree & Crop Compensation Matters, we managed to significantly reduce the contingent liability of our region by over 100 crores across multiple proceedings. My responsibilities also extended to coordinating with over 20 substations and approximately 10 departments.
In 2021, I achieved a promotion to Deputy Manager (Law) and underwent a transfer to the Corporate Law Department in Gurugram. This transition provided me with the opportunity to draft crucial policies and SOPs, including those related to IBC cases, T/L works, and RoW cases. Notably, I contributed to the unique Transmission Agreement between POWERGRID and Reliance Industries Limited (RIL) for the construction of a dedicated transmission system for the Jamnagar Oil Refinery of RIL.
Furthermore, my involvement in the Africa 50-POWERGRID Project, where POWERGRID is constructing a Transmission Line in Kenya on an equity basis, marked a significant departure from previous international projects undertaken on a consultancy basis. I contributed to Project Agreements, Transmission Service Agreements, and other legal aspects of this ground-breaking initiative.
My journey at POWERGRID has been challenging yet personally satisfying, as I’ve had the opportunity to navigate complex legal scenarios and contribute meaningfully to the organization’s success.
Handling over 500 cases and 100+ contractual matters is undoubtedly challenging. Can you walk us through a particularly memorable case or project that you worked on during your tenure at Power Grid Corporation of India?
Handling over 500 cases and more than 100 contractual matters at POWERGRID has indeed presented numerous challenges, and among the many notable cases, I would like to share a particularly memorable one – the resolution of Right of Way (RoW) matters in Aurangabad.
The project in question had been stagnant for several years due to RoW issues, prompting our decision to address the matter through legal remedies. We initiated the process by filing an application under Section 16(1) of the Indian Telegraph Act, 1885, seeking the intervention of the District Magistrate for the removal of obstructions. Despite the challenges posed by the prevailing COVID situation, I undertook frequent travels and stationed myself at Aurangabad to personally follow up with the District Magistrate.
Initially, the District Magistrate displayed reluctance to issue an order in our favour, considering local factors. However, through persistent convincing and follow-up efforts, we eventually secured a favourable order from the District Magistrate. Subsequently, despite encountering hostile behaviour and resistance from the locals, with the support of the local administration, we were able to successfully construct the Transmission Line. The line was finally commissioned in 2021, just a few months before my transfer to the Corporate Center.
This project stands out as the most memorable in my career thus far, not only due to its legal intricacies but also the tangible impact it had on resolving long standing issues, facilitating the completion of the project, and contributing to the overall success of POWERGRID.
Transitioning from a legal background to pursuing an executive MBA at esteemed institutions like XLRI is quite a leap. What motivated you to pursue further education in management, and how do you envision blending your legal expertise with strategic HR leadership roles?
Embarking on an Executive MBA journey, particularly at esteemed institutions like XLRI, marks a significant transition in my career. With approximately 9-10 years of experience in the legal field, I find immense satisfaction and fulfillment in my current domain. However, my decision to pursue an Executive MBA (PGDM) from XLRI is rooted in my unwavering commitment to continuous learning.
Beyond the initial acquisition of legal skills, I recognize the paramount importance of staying abreast of industry trends and acquiring new knowledge to ensure professional relevance and adaptability. This decision aligns seamlessly with my vision of ascending to senior positions in the Public Sector. Opting for an MBA in HRM is a strategic choice, as it not only equips me for leadership roles in the future but also provides a diverse perspective on various situations.
XLRI, being a reputable institute, holds a distinguished position for imparting quality education in HRM. The decision to pursue an Executive MBA from this esteemed institution was a natural one, given my aspiration to excel in HR leadership roles. As an in-house legal counsel deeply involved in HR matters at POWERGRID, I have witnessed the synergies between legal and HR functions contributing to organizational success. By adding HR to my professional profile through an Executive MBA, I aim to enhance my capabilities and readiness for future leadership roles that may demand a holistic understanding of both legal and HR domains.
In essence, my pursuit of an Executive MBA at XLRI is a conscious effort to fortify my professional foundation, ensuring that I am well-equipped to navigate the evolving landscape of organizational leadership in the Public Sector.
Your experience at National Insurance Company Ltd. as Administrative Officer (Legal) involved managing diverse legal cases and providing risk assessment advice. How did this role contribute to your professional growth?
During my tenure at National Insurance Company Ltd. as an Administrative Officer (Legal) posted at the Baroda Regional Office, spanning approximately one year and three months, I had the privilege of managing a diverse portfolio of legal cases, significantly contributing to my professional growth.
In this role, I was tasked with monitoring and overseeing over 10,000 cases at the district level from 10 divisional Offices. I, in collaboration with my colleague Rahul Sharma and guided by our Regional Manager P.K. Sharma, also directly handled more than 200 cases before the High Court and State Consumer Forum. One noteworthy achievement during this period was successfully settling over 300 cases at the National Mega Lok Adalat, a testament to our effective legal management strategies.
This experience marked my first significant endeavour into my professional career, providing invaluable lessons that have laid the foundation for my ongoing professional growth. The exposure to a multitude of cases, the intricacies of legal proceedings, and the collaborative efforts to achieve favourable outcomes have been instrumental in shaping my understanding of legal complexities.
I am grateful to National Insurance for providing me with this opportunity, as it has been a pivotal chapter in my professional journey, instilling in me the skills and insights that continue to guide my career development.
Your academic journey includes an L.L.M. in Human Rights and a B.A. L.L.B. (Business Law Hons.), along with a certification program on Harvard Manage Mentor. How do you believe this blend of academic pursuits has shaped your approach to problem-solving and leadership?
My academic journey, comprising an L.L.M. in Human Rights, a B.A. L.L.B. (Business Law Hons.), and a certification program on Harvard Manage Mentor, has been instrumental in shaping a multifaceted approach to problem-solving and leadership.
The L.L.M. in Human Rights has honed my understanding of legal frameworks and ethical considerations, fostering a deep appreciation for the nuances of human rights issues. This has equipped me with a compassionate and holistic perspective when addressing challenges, emphasizing the importance of ethical decision-making and social responsibility.
On the other hand, the B.A. L.L.B. with a focus on Business Law Hons. has provided me with a strong foundation in commercial and corporate legal principles. This academic background has proven invaluable in approaching problem-solving from a strategic and business-oriented standpoint, ensuring that legal solutions align with broader organizational goals.
Complementing these legal degrees, the certification program on Harvard Manage Mentor has enhanced my leadership skills. From this program, I gained insights into effective management practices, strategic thinking, and leadership development. It has empowered me to navigate complex organizational landscapes, fostering a proactive and forward-thinking approach to leadership.
Together, this blend of academic pursuits has cultivated a well-rounded and adaptable problem-solving methodology. It enables me to approach challenges with a comprehensive understanding, integrating legal acumen, ethical considerations, and strategic business perspectives. This diverse academic background has been pivotal in shaping my approach to leadership, emphasizing the importance of empathy, strategic thinking, and ethical decision-making in addressing complex issues within the legal and business domains.
Your participation in moot courts, debates, and pro bono activities has been commendable. Could you share a particularly impactful pro bono experience that left a lasting impression on you?
Certainly, during my time in law school, I actively engaged in a variety of extracurricular activities such as moot courts, debate competitions, and pro bono endeavours, understanding the importance of a well-rounded legal education.
Participating in prestigious moot court competitions, including the Henry Dunant Memorial Moot Court Competition, Philip C. Jessup Memorial Moot Court Competition, Foreign Direct Investment International Arbitration Moot, and Willem C Vis Moot Court Competition, offered me a practical platform to hone essential legal skills. These experiences not only deepened my understanding of courtroom procedures but also significantly enhanced my ability to construct persuasive legal arguments, fostering critical thinking and oral advocacy skills.
Beyond the realm of moot courts and parliamentary debates, I sought to apply my legal knowledge and skills to make a positive impact on society. During an internship at Senior Advocate K.T.S. Tuli’s office, I had the opportunity to briefly contribute to the Uphaar Cinema Case, where Senior Advocate K.T.S. Tuli was handling the matter on a pro bono basis. This experience, along with my overall internship, left an indelible impression on me as a law student.
Witnessing the role of law as an agent of change in society, particularly in a pro bono context, reinforced my belief in the transformative power of legal advocacy. It underscored the notion that legal professionals have a responsibility to contribute to societal welfare by leveraging their skills for the greater good.
Your role involves drafting crucial policies, vetting high-stakes agreements, and managing diverse legal challenges for your organisation. Can you highlight some key principles or methods that guide your approach to legal terminology and research?
In the past year, my responsibilities have encompassed the drafting of crucial policies and SOPs, including those for IBC Matters, Transmission Line Works, and the Settlement of RoW Cases at POWERGRID. Additionally, my role involves the drafting and vetting of various agreements such as Consultancy Agreements, O&M Agreements, NDA, Novation Agreement, CSR MoUs/Agreements, Share Purchase Agreements, and Concession Agreements. Providing legal advisory services to management on a range of issues further adds to the complexity of my role. Throughout these tasks, my guiding principles revolve around precision and meticulousness. I emphasize clarity in legal terminology to ensure accuracy while making it comprehensible to all stakeholders. Thorough legal research remains foundational, involving a detailed examination of statutes, precedents, and industry-specific regulations. This approach ensures the robustness of my legal analyses, aligning it with the latest developments in the legal landscape. Moreover, I adopt a proactive stance, anticipating potential challenges and proactively mitigating risks. The integration of clarity, thorough research, and proactive risk management serves as the linchpin of my strategy, enabling me to provide effective legal counsel and contribute significantly to the success of the organization.
Attending various workshops, seminars, and conferences, including those on arbitration, mediation, and managerial effectiveness, demonstrates your commitment to continuous learning. How do you balance your professional responsibilities with ongoing education and development?
My approach to professional growth revolves around the belief that continuous learning and skill enhancement are pivotal elements within my control. Striving for ambitious goals necessitates a blend of hard work and smart work, and in line with this philosophy, I actively participate in various workshops, seminars, and conferences, with a focus on areas such as IBC, arbitration, Managerial Effectiveness, and Leadership. Balancing these educational pursuits with my professional responsibilities requires meticulous time management and strategic prioritization. I make a conscious effort to align chosen educational endeavors with the current needs and goals of my role, selecting programs that directly contribute to my professional growth and enhance my skill set. Furthermore, I leverage technology to participate in virtual events and online courses, allowing for flexibility without compromising the quality of learning. Regular self-assessment aids in identifying areas that require further development, guiding my selection of educational opportunities. Ultimately, this proactive and targeted approach allows me to integrate ongoing education seamlessly into my professional journey, ensuring a harmonious balance between career responsibilities and the pursuit of knowledge.
Could you share some of your favourite ways to relax and recharge outside of work?
Outside of work, I find relaxation and rejuvenation through various activities that resonate with my interests and passions. A significant part of my leisure time involves watching and playing sports, fostering a healthy balance between physical activity and recreation. Additionally, I closely follow Indian politics, harboring an aspiration to delve into election strategist akin to Prashant Kishore, a realm I find intellectually stimulating. Expressing my thoughts and perspectives, I channel my creativity into writing blogs that span a diverse range of topics, including philosophy, politics, happy living, and food.
I also consider myself a proficient cook and take pleasure in preparing delicious dishes for my family and friends, exploring different culinary experiences. The joy of travel is another aspect of my life outside work, as I enjoy exploring new places and immersing myself in diverse cultures. Lastly, my love for engaging in meaningful conversations has led me to make friends from various walks of life, providing a rich tapestry of experiences and perspectives. These activities collectively contribute to my relaxation and recharge outside the professional realm, fostering a well-rounded and fulfilling lifestyle.
As someone deeply entrenched in the legal domain, what advice would you give to the current generation aspiring to build a successful career, especially in the legal or managerial fields?
For the younger generation aspiring to forge successful careers in the legal or managerial fields, my advice is grounded in personal experiences. Firstly, believe in yourself; no dream is too ambitious if pursued with dedication and hard work. Secondly. embrace the courage to take risks, a lesson I learned with time. Regretfully, hesitating initially limited my potential for success. Taking calculated risks can open unforeseen doors.
Next, I would advise to develop a habit of active listening. It fosters effective communication and understanding, crucial in both legal and managerial domains. Moreover, persistence is key. I encourage the younger generation to persevere and learn from setbacks. In the legal and managerial arenas, tenacity often separates success from mediocrity.
Deviating from professional aspect, one personal advise I would give to younger generation is to take care of their mental health and build a supportive network of people. Seek close connections with whom they can have open conversations, receive honest advice, and feel accepted without prejudice. Imperfections are universal; find those who believe in you as you are.
In summary, believe in your capabilities, embrace risks, cultivate active listening, gain practical experience through internships, persist in the face of challenges, and prioritize mental well-being through a supportive network. These principles have guided my journey, and I believe they can pave the way for a successful and fulfilling career for the aspiring generation.
Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?
During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side.
I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.
Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?
So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective.
Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?
Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation.
You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?
Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.
Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?
After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.
As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?
For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.
With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?
Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.
Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?
Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies.
Can you share the journey that led you to pursue a career in law, especially considering your background and childhood ambition?
I am from a backward district of Tamilnadu and I am one among the four daughters of my parents. Everyone opted for various professions, but interestingly, this profession attracted me more, even in my young days. The reason might be that the Sub Court campus at my native is existing near to my school. I was going to school everyday by watching the court campus, with the busy advocates roaming here and there with robes. I was very eager to know more about it and lots of questions came into my mind and the same were clarified by my father who was a teacher by profession and the entire outcome was that this is the only profession where I could question anybody, however giant he or she might be. Further I found this profession makes one closer with human problems. I am fond of moving with people and would like to be surrounded with people always. The litigation area turned out to be a good option for me. This is the main curiosity that pushed me to choose this profession as my childhood ambition approximately from my 6th standard onwards.
With 25 years of experience in law, what inspired you to specialize in labor, service, and writ matters, particularly in the high court setting?
Yes… after choosing law as my career, I did not have any clear idea initially. But while studying the Constitutional Law and Administrative law as subjects, my mind was very much obsessed with various decisions of the Supreme Court and High Courts questioning the excessive actions or inactions of the Government and that had driven me to concentrate my work in the High Court.
Founding a law firm, especially one like POLAX LEGAL SOLUTIONS, requires vision and determination. What motivated you to take that step, and what challenges did you face in establishing and maintaining it?
Being a woman, I had to balance both family life and profession, though my family is a supportive system for me. Sometimes our presence is very much needed at home to take care of our elders, kids etc. My husband, Mr.Ramar is also an advocate on the criminal side but I wanted to establish a separate office, though he is very supportive to me in personal life and professional life. I felt the necessity of someone to continue my cases even in my absence to justify my Clients. The same was felt by my friend, Mrs.Lakshmi. We both used to help each other in all our cases from drafting to arguing. This went well and we both realised our compatibility and thus the concept of a Law Firm was coined. The Firm was conceptualised into reality in the year 2013. We both had the determination to continue the profession without any break and that was the main reason for the concept of this Law Firm. It is also time to show our young woman advocates that persuasion and patience in the profession would make you withstand forever. We have to create our own path to success. Moreover, since it was my childhood ambition to become an advocate, I have never felt any stress or depression in my professional life. As we face different cases, dealing with each case needs to be addressed individually and so I feel refreshed in each and every case. In fact I enjoy working and I don’t see any difficulty in family life and professional life. So go by what your heart says and life is so beautiful.
As a founder-partner of a leading law firm, what are some key lessons you’ve learned about leadership and collaboration, especially in an industry that traditionally has been male-dominated?
In fact, we don’t feel any difficulty in running the firm as all the junior advocates associated with us were more co-operative, helpful and played a vital role in running our Firm. Legal profession is basically a 24 x 7 job and all of us were ready to work even at midnight, if it is necessitated by considering the urgency of the case. In fact, we created an atmosphere of joining together, working together, growing together and celebrating together. It enhanced our personal relationship also.
Being recognized as the only law firm with women advocates as partners running for 10 years is a significant achievement. Can you tell us about the importance of gender diversity and inclusivity in the legal profession from your perspective?
Of course, it is a male dominated profession. When I entered into this profession during 2000, the daily cause list consisting of the list of cases published in Madras High Court consisted of 95% of male advocates names. And there were only a handful of women judges at that time, though there were well performing women seniors were found at Madras High Court. But going by the years, this trend has now changed. In fact, I had not considered any of my co advocates, either male or female, as my competitor. I felt myself as the competitor and hence I never felt that I am running in a race along with male. But, the way male advocates and even male judges look at the woman advocates is absolutely discriminatory. I can put an incident, one Mr.X, who is a sitting judge now, when he was an advocate made a comment to me that “a woman from a good family will not come for this profession”. This did not resist me or my character, but it made me change my perspective towards him. One more incident to be pointed out, one of the senior advocates, who claims to be a progressive thinker, threw a question that “from where and how do you get briefs?”. I don’t think that he could have put this question to any of the male advocates ever.
-as in all the fields, there need not be any discrimination between male advocate or woman advocate, and it should be termed only as “ADVOCATE”. An advocate is an advocate and where does the question of woman advocate or male advocate arise? We both are doing the same work with the same effort and determination. Even today, the Judges used to identify by saying “woman advocate”. We don’t want to be identified and we are advocates as such.
You’ve had the opportunity to work with esteemed companies as clients. Could you share some insights into maintaining successful client relationships and handling high-profile cases effectively?
The issues of the clients should be given much more importance from the time of discussion with them till explaining the outcome of the cases. It is also needless to say that we have to let them explain the exact disputes or issues they are facing. Then only we can advise them of the legal solutions and we should not blindly follow their words without substantiating documents. The right legal advice given by you will make the Clients have confidence with you, sometimes, the advice could be not to initiate any legal proceedings. The most important thing is we should not treat them as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation. To be precise, proper legal advice, and transparency are the key to retain your clientele.
Considering your extensive experience, what advice would you give to fresh graduates aspiring to pursue a career in law, particularly those interested in practicing in high courts?
If litigation is your option, then be ready to undergo proper training under the guidance of a senior; Be ready to work for 24 x 7; Be ready to do all the work in office, either it is drafting, research work or clerical work; get updated with latest decisions in important cases of your area of practice; spend more time in reading either case papers or the decisions related to cases; Knowledge is power in litigation so get equipped; consider each and every work as an opportunity as each and every single work done during this period would be an experience for you.
Could you please walk us through your journey from your early days in law college to becoming a Head of Legal at Thermax Limited? What were some of the challenges you faced when you first started your career in law, and how did you overcome them?
I am a first-generation lawyer and the decision to pursue law was a completely personal call. From an early age, I developed a special interest in legal subjects. After completing my 12th, without any second thought, I was admitted for a 5 (five) year BA(Law)LLB course with North Bengal University, Department of Law. I was an active student during my law college days and used to take initiative and participated in all events including moot courts, sports, and cultural events. During the 3rd year, I developed a special interest in the law of Jurisprudence. As we had limited resources during our college days, digital education was far from reality during the late 90’s, we used to spend long hours in our law department library reading and preparing notes on various subjects.
To begin a career in legal, the first challenge is to get into a decent chamber of a senior advocate. Those days legal had very limited career opportunities and being from a small town in Darjeeling District, West Bengal, there was no other option but to start practicing in District Court immediately post completing of LLB. I started my career as a practising advocate under the guidance of the late Shri. Sunil Sarkar, in Siliguri Sub-Divisional Court and Darjeeling District Court handling civil disputes related to properties, etc. In his chamber, I learnt the art of drafting pleadings, cross-examination and trial. To gain exposure on the professional front, in 2003, I moved to Delhi and started working with a Corporate Law Firm, Law Combine Advocates. During my Law combine days, I handled legal work for major MNCs and focused on litigation, commercial contracts, part of the M & A team, IPR and real estate. To have experience in the corporate side, In 2008, I decided to switch and joined a real estate company in Bangalore and gained experience in commercial built-to-suit arrangements. Thereafter, I worked with a FMCG giant heading legal for their export division, managing international contracts and disputes.
In 2014, I moved to Pune and worked with an engine manufacturing company and in 2022 joined Thermax Limited as Head of Legal which is my current designation.
For a fresh law graduate, the biggest challenge is where to start and how to start. I was fortunate enough that the Senior’s Chamber I joined at the beginning of my career, gave me a decent amount of work to handle. He used to guide me as a mentor. The more I worked, the faster I was able to get adjusted in this profession. During my court practice days, even when my matters were not listed before the Court, I used to spend hours sitting in open courts watching different proceedings, arguments made by the counsels, court observations, and verdicts. I also used to read a lot. I used to read the entire judgement, doing my research on different laws dealing with different subjects, going through old, executed contracts to understand the transaction and the issues to be addressed in those kinds of transactions. More I focused on work and learning; I realized all the challenges are dealt with over time.
Transitioning from practicing as an advocate to assuming leadership roles within legal departments of corporations like Thermax Limited involves a significant shift. What inspired you to make this transition, and how has this journey influenced your approach to legal practice and leadership within organizations?
This was not an overnight shift or transition. If you go through my career path the entire transition was step by step and with constant efforts. It was planned and executed accordingly. I believe if you can’t run then walk, if you can’t walk then at least crawl but keep moving forward. All the changes I made in my career are only with a view of learning new things which is very important for a lawyer. Shifting from a small sub-divisional court practice to a Delhi Corporate law firm practice is only for getting more exposure and learning. Similarly, switching from one industry to another during my corporate journey is also to gain experience and knowledge of different laws and practices applicable to such industries. This journey of continuous learning, curiosity, eagerness, and developing new skill sets brought me where I am today. Therefore, I will say eagerness to learn new things, getting exposure to different legal areas, and curiosity to learn about different industries and applicable laws and practices, inspired me to make this transition. Another factor that inspired me to move from legal practice to a leadership role in corporate is to make an impact at a larger level. During practice days, I used to give my opinion and advice on a specific legal matter. I never learned how my opinions and advice impact or influence an organization’s culture and policies. With an intent to make an impact, bring a difference and influence all the stakeholders, I decided to move to a corporate leadership role to use my experience and knowledge to make a positive impact on the business and organization practices. Over the period, while working in different formats, and handling different kinds of legal issues, I realized that legal practice is too wide and large. The more I learned about one area, there are several other new areas came up for further learning. My exposure to different formats and working in different industries contributed a lot to my development as a lawyer and made me adequately competent to handle any kind of legal issues or at least know how to find a solution for an issue not dealt with in the past.
Your profile highlights your expertise in areas like Mergers & Acquisitions, Contract Management, and Litigation & Arbitration. Among these, which aspect of legal affairs do you find most engaging or challenging, and why?
It all depends upon the complexity of a matter which makes it challenging. I have come across several complex M&A transaction structures, high-stake commercial contracts and complex litigation and arbitration which were too challenging and engaging. Hence, it will be unfair to claim any specific area as engaging or challenging as all the areas are complex, vast, and challenging. Even if you insist on naming one area then considering the nature and complexity of the dispute, sometimes I find managing Litigation and Arbitration is most engaging and challenging. For handling and managing litigation, one must consider all applicable laws, specific sections, various court precedents, and all facts and documentation involved in the dispute. Though the general perception is that litigation & arbitration are handled by external counsels, however, to enable the external counsel to effectively handle any litigation and arbitration, it’s an in-house counsel who provides all the briefing and documentation related to the case. A minor miss can have a major impact on the outcome. Managing legal expenses, while expediting the proceeding is another challenge in litigation and arbitration.
You’ve been recognized with multiple awards and accolades throughout your career. Can you share a particularly memorable achievement or recognition that holds a special place in your heart?
All achievements and awards are special for me as they came at different times in my career. The recognition that I receive in-house has a special place in my heart as it shows that my work is making some impact on the business and it’s a direct recognition from my internal stakeholders. Also, the team awards that I have received till date are also very special for me. In the past, I have received team awards as “Best Support to Business Initiatives”, “Most Innovative Legal Team of the Year” and “Best Enabling Function”. All these team awards represent that we as a team are able to provide effective support to our businesses and in return we have been acknowledged and appreciated. But to answer your question, The “Best Enabling Function” award received during the first year of my job with Thermax holds a special place in my heart as I was new in the Organisation and was building an impactful relationship between the Legal Department and Business.
In addition to your professional achievements, we’d love to know more about your personal interests and hobbies outside of the legal realm. How do you unwind and rejuvenate after a busy day at work?
I like to participate voluntarily in teaching activities, especially teaching underprivileged kids. I have been associated with a few non-profit organizations and I like spending my weekends helping these NGOs with different activities from teaching to helping the students in getting prepared for their next level of academics and career.
Listening to music and playing guitar have been my favourite pastimes to unwind myself after a busy day at work. In the past, I had our band with a few of my friends and we spent our free weekends and holidays performing at open clubs. I love to attend music concerts and shows.
When I feel tired after months of work, I like to unwind by long cross-country drives with my family to places I have never visited, exploring everything about that place from their culture to their staple diet. Talking to unknown people is an immense pleasure and a beautiful experience.
Given your extensive experience, what advice would you give to the current generation aspiring to pursue a career in law? What skills or attributes do you think are crucial for success in this field today?
For the current generation, my advice is that there are a lot of opportunities in the legal domain. Over the years, different forms of practices have developed. There are different legal areas to excel and specialize in and a lot of learning opportunities around. Students who are still pursuing law, please take your moot courts and court visits sincerely and develop a habit of reading. Law is not as easy as it seems to be and for every lawyer, it is important to learn something every day. A lawyer should always have a room for learning. Understanding a law and implementation of law are two different things so take advantage of every real-life internship you can, so you can figure out what kind of lawyer you wish to be.
It’s my request to young guns, please develop a habit of reading and keep learning new things. There are no shortcuts in the legal profession. Online updates and snapshots are okay to get the update but please don’t miss to read those new laws, latest landmark judgements, articles, etc. Have patience, good things take time. Nobody achieves success, knowledge, and experience overnight. All these things take time and constant effort, and hard work will take you to the right places. Don’t expect immediate results in our profession and always remember that your today’s action will have a reaction after a few years. Be humble, meticulous, and good in your research and analytics.
Given your experience in handling litigations and arbitrations, what do you believe are the critical factors for successful dispute resolution, especially in today’s dynamic business environment?
The knowledge of Business and Law is very important for a Lawyer in today’s dynamic business environment. Unless we have exposure to both we can’t take the best foot forward and guide our Organisation. Dispute resolution requires you to have a win-win approach for the Organisation. You can’t be too stringent on your approach and have a balanced view of the dispute that is in hand. Be meticulous and have the eye of an eagle regarding attention to detail. An active and effective collaboration between legal and business is of utmost importance for successful dispute resolution. Any dispute can be handled based on evidence on record; therefore, strong documentation and record keeping are of utmost importance to resolve any dispute successfully. There should be a problem-solving approach to resolve any dispute, it will save lots of cost and time for both sides. Timely resolution of disputes is another factor to be considered. In most of the disputes, the purpose of getting into dispute resolution frustrates if it is not concluded in a time bound manner.
You pursued management development programs from IIEM in 2017 and IIM in 2019. What motivated you to undertake these courses, and how do you believe they have contributed to your growth as a legal professional? Additionally, what are your thoughts on the importance of continuous learning and further education, such as pursuing masters or other specialized courses, in the legal field?
Opting for courses from IIEM and IIM is part of my continuous learning process. Through these courses, I have improved my knowledge and exposure to international trade laws as well as improved my leadership skills. Continuous learning and further education are very important parts of any professional, especially lawyers. Law is a dynamic subject and legal professionals need to be up to mark in all day-to-day changes and evolution in the subject. Continuous learning is the ongoing expansion of a person’s knowledge and skill sets. It is not only for the development of new skills and knowledge but also for reinforcing what has been previously learned. A lawyer or legal professional needs to pursue higher education and specialized courses to adapt to changing legal trends, stay competitive and deliver exceptional services. By actively pursuing higher education and specialized courses, legal professionals can refine their skills and position themselves as leaders in their respective practice areas.
Throughout your career, you’ve undoubtedly encountered a wide array of legal challenges and victories. If you could go back in time and give one piece of advice to your younger self as you embarked on this journey, what would it be and why?
Most of us desire to be accepted and liked, but the reality is that you can’t please everyone. It took years and years to get here, but knowing what others think doesn’t matter, disengaging from those who are not humble, practicing self-development and learning new areas of law are some of the best things I have ever done for myself. Do not seek validation in the form of other people’s opinions. Lead with kindness and treat people well. To be honest – don’t be afraid to speak your mind.
Can you take us through the journey of your career, from your early days as a law student to becoming a Partner at Amicus Demos? What were some of the challenges you faced along the way, especially in the initial stages of your career?
I pursued my B.A. LL.B. (Hons) at the Faculty of Law, Lucknow University, from 1998 to 2003. Throughout my five years in law school, I actively participated in court proceedings as an intern, keenly observing the accomplished lawyers and stalwarts of the Oudh Bar Association, presenting cases before various courts. Post-graduation, I started my legal practice on the criminal side, appearing before the High Court at Lucknow and handling matters in Magistrate Courts and Sessions Court. Despite facing the common challenge of limited briefs at the beginning of my career, I recognized the importance of patience. Early on, the pressure to succeed was intense, but I firmly believed in focusing on developing the necessary skills for effective courtroom advocacy, rather than solely chasing briefs and financial gains, I prioritized honing my talents and improving the quality of my work. It was a challenge to decline cases where a case was not made out, but this approach paid off over time. With time my skills grew, so did the quantity of work, leading to a subsequent increase in remuneration.
You’ve had extensive experience practicing in the criminal side of law. What drew you to this field initially, and how has your perspective evolved over the years?
I had the privilege of growing up in a family of legal luminaries. My grandfather, Late Justice Murtaza Hussain, embarked on his legal journey in 1944, ascending from Munsif to the esteemed position of District Judge by 1968. His illustrious career continued with elevation as a Judge of the Allahabad High Court, Lucknow, in 1976. Thereafter, he also served twice as the Lokayukta of Uttar Pradesh from 1983 to 1989. My father, Late Jawed Murtaza, thrived in a flourishing civil practice in Lucknow. Meanwhile, my uncle, Justice Imtiaz Murtaza, made a mark as a prominent lawyer in the criminal side. His trajectory led him to become a Judge of the Allahabad High Court in 2001, culminating in his retirement as the senior most judge in 2015.
During my college days, I regularly interned at my uncle’s office, immersing myself in the dynamic realm of criminal law. His bustling chamber provided ample opportunities to engage with criminal cases, interact with clients, and witness the intricate interplay of legal provisions such as the Indian Penal Code, CrPC, and Evidence Act. This experience ignited my passion for criminal law, shaping my perspective and fostering a profound interest in the complexities of legal practice.
As a partner at Amicus Demos, what do you find most rewarding about your role? Are there any particular aspects of your work that you find especially fulfilling or challenging?
Mr. Gaurav Mehrotra is the senior/managing partner at Amicus Demos. Mr. Gaurav Mehrotra specializes in civil, constitutional, and commercial matters, while I exclusively handle criminal cases within the firm. Our professional collaboration is deeply rewarding, and the law firm feels like an extended family. Dealing with criminal matters presents a unique challenge due to its direct impact on an individual’s life and personal liberty. The stakes are inherently higher, often involving questions of life and death. As a defence lawyer, our focus extends beyond client representation; we strive to protect the rights of the accused and assist the court in uncovering the truth. One particularly challenging role for me was serving as a Special Public Prosecutor in a case involving high-profile officials and public representatives. This role demanded a distinct preparation and approach compared to our usual stance as defence counsel.
Given your experience as a panel arbitrator for stock exchanges, could you highlight some key differences between arbitration proceedings and traditional courtroom litigation?
There are some inherent advantages in arbitration proceedings. These proceedings are more expeditious and can be conducted in a manner to suit the better need of the parties.
Arbitration proceedings differ from courtroom exchanges in several key aspects. Arbitration offers a private setting, allowing for confidentiality, and enables parties to choose arbitrators for a neutral stance.
However, there is limitation to arbitration proceedings as the same are limited to inter se parties to an agreement or contract whereas traditional trial or courtroom proceedings are more accessible and cater to the needs of the public at large. The nature and result in an arbitration is only limited to either monetary claims or breach of a contractual obligation and therefore the proceedings are limited to that extent.
As an arbitrator on the panel for stock exchanges, my role involves resolving disputes between market participants in a fair and impartial manner. I assess evidence, review financial regulations, and consider market practices to make informed decisions. It’s crucial to maintain transparency and uphold the integrity of the stock exchange. The dynamic nature of the financial markets requires adaptability and a deep understanding of the industry. Serving on the panel has provided me with valuable insights into the intricacies of trading and the importance of fostering trust within the financial community.
The process is generally less formal, faster, and more cost-effective than courtroom proceedings. Arbitrators often possess industry-specific expertise. Decisions are binding with limited rights to appeal, contributing to a quicker and more final resolution compared to the traditional system.
You’ve represented some prestigious corporations. What are some common legal challenges these corporations face, and how do you approach addressing them?
Representing corporations in criminal matters presents unique challenges. One major issue is balancing legal obligations with the corporation’s reputation. Managing public relations during a criminal investigation is delicate, as negative perceptions can harm the company’s brand. Additionally, coordinating communication among various internal departments and legal teams can be challenging. Maintaining attorney-client privilege while interacting with corporate employees adds to the complexity. Lastly, corporations often face potential financial repercussions, including fines and regulatory sanctions, making strategic legal counsel crucial to navigate these challenges effectively.
Corporations often face problems due to local law and order situations as well. One such example is that a kisan (farmers’) union once lodged an FIR against a sugar mill and its officials alleging manipulation in quantity of sugarcane purchased. Often, criminal proceedings are sometimes instituted to settle civil and consumer disputes. A fitting example of such abuse is that once a criminal complaint was filed against a leading direct-to-home (DTH) television company and its directors by a consumer for some issue with respect to discontinuation of service. The proceedings were finally stayed by the High Court exercising powers under Section 482 CrPC.
As someone who has actively appeared before the Supreme Court of India, can you share any insights or experiences from handling cases at such a prestigious level?
Handling cases before the Supreme Court is a demanding yet rewarding experience. The process involves intricate knowledge of Constitutional and legal principles. The Court deals with matters of national importance and the stakes are quite high. At times, though we represent a specific client, the question of law involved in the matter affects the public at large and has pan India ramifications.
In one of my matters one old and ailing accused who had suffered brain stroke was denied bail by Sessions Court and was sent to custody, at that time there was a Rule in Allahabad High Court to give 10 days advance notice to State before filing bail, we filed SLP before Supreme Court directly challenging the order of sessions court and the Court was apprised about the prevailing rule, Supreme Court not only granted bail to accused but also issued notice to High Court, the same led to amendment of Rules and notice period in bail matters was reduced from 10 days to 2 days in the Allahabad High Court, which hugely benefited the public at large. Similarly, I also appeared in the proceedings before the Supreme Court in the Satender Kumar Antil matter and apprised the Court regarding the laxity in implementation of the guidelines and directions issued by the Court in the State of U.P. In one of the IAs, the Court took stern view of the practice prevalent in Uttar Pradesh where the Magistrate or the Sessions Court would simply deny the grant of anticipatory bail holding that there was no apprehension of arrest since the offences entailed less than seven years of imprisonment and was thus covered by the direction issued in Satendra Kumar Antil case. The Supreme Court strongly deprecated such a practice and since then, there has been a paradigm shift in the matters regarding grant of bail and anticipatory bail in the State of U.P. in consonance with the law laid down by the Supreme Court.
In your experience, what would you say is the most difficult or challenging aspect of handling criminal cases, and how do you navigate through those challenges to ensure the best possible outcome for your clients?
As a criminal law attorney, one of the most challenging aspects is navigating the emotional and personal nature of criminal cases. One of the challenges I feel is informing the client about an adverse order. As these matters relate to the life and liberty of the individual, it is emotionally challenging to inform them that the outcome was not favourable. Balancing legal representation with the human aspect of the client’s predicament requires empathy and a nuanced approach. Engaging with clients who may be facing serious consequences, emotionally charged situations, or societal stigma demands effective communication and understanding. The challenge lies in managing expectations while ensuring a robust legal defence. As a matter of principle, I always give my honest advice and opinion and inform them about the likely outcome of the case without giving them any false hope. I always advise my clients to cooperate with the investigation and trial and never abscond from the judicial process. The adversarial nature of criminal proceedings and the burden of proving innocence can be daunting. To overcome these challenges, maintaining open communication with clients and managing expectations realistically are some crucial aspects necessary in criminal law practice. Crafting a thorough defence strategy, staying abreast of legal precedents, and adapting strategies to suit the unique circumstances of each case are key elements in securing the best possible outcome for clients in the complex realm of criminal law.
Outside of the courtroom, what are some of your personal interests or hobbies that help you unwind and recharge?
Outside of the courtroom, I find solace in indulging my passion for poetry. Exploring the intricate beauty of language and the emotional depth of poetic expressions serves as a creative outlet. Traveling is another cherished pursuit, providing a break from the legal intricacies and allowing me to explore diverse cultures and landscapes. Spending quality time with my family is paramount; their support is my anchor amidst the challenges of court. These not only help me unwind and recharge but also contribute to a well-rounded perspective that enhances my legal practice.
Looking back at your journey from being enrolled as an Advocate to becoming a Partner, what advice would you give to young lawyers aspiring to build a successful career in law?
Reflecting on my journey so far, my advice for aspiring young lawyers is to embrace continuous learning, nurture a robust professional network, and cultivate a strong work ethic. Sharpen your communication skills, consider specializing in a specific legal niche, and stay adaptable to changes in the legal landscape. Uphold the highest ethical standards, persist through challenges, and strive for a healthy work-life balance. Community involvement and pro bono work not only contribute to society but can also enhance your professional reputation. Remember, success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.
Thank you for joining us. Could you start by sharing a bit about yourself and your journey in the legal profession? What inspired you to pursue a career in law, and how has your journey unfolded until now?
Thanks for the kind invitation for this interview. Regarding my journey, I am just the second lawyer in my family after my uncle (who practices in the local district court in Assam), so I am a first-generation corporate lawyer. Law was a very interesting option, considering when I was completing my higher secondary education I wanted to explore a career in economics, but somehow the lure of Law especially the Intellectual Property Laws intrigued me along with a massive love for brands. I finally pursued my law from Hidayatullah National Law University, Raipur in 2009 with a major in Intellectual Property Laws. Since then, I have loved every bit of my journey in law. It all started in a boutique IP law firm in New Delhi (Zeus IP), where I learned the practical side of things and horned my skills in the domain. I loved the part that even being an associate I was given complete freedom to advise numerous multinational clients on IP issues. Post the same I moved to a bigger law firm, where I acquired some essential skills of handling big clients having massive IP portfolios. The change to in house role actually came in when I joined an IP consultancy that was working dedicatedly towards brand protection concerns, which is where I was fascinated with this version of IP i.e., enforcement of IP, this also coincided with one of my close aides who got impacted due to counterfeits and my whole perception changed and I wanted to then focus on enforcement of IP which explains my role at Diageo, Flipkart and Currently Western Digital. Protection of consumers and brands became my passion and I wanted to ensure that I do my bit towards this cause. It is such a strange world, where IP enforcement kind of came to me as an accidental or sudden thought and since then has stayed with me as a core of what I am passionate about and love doing as the famous saying goes ‘You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.
From working with Diageo India to your current role at Western Digital, you’ve navigated various industries in brand protection. How do you adapt your strategies to suit the unique challenges of each industry, from eco-bev to consumer electronics?
It’s an interesting question as the industries I worked on are completely different having their own set of challenges and issues, but the learnings I gathered over the course of time specially during my role at the IP consultancy helped me build and develop a great core of what essentials are required for brand protection and IP enforcement. A few things that stand out to me would be looking at the problem and its impact on business, understanding the business model (from a sales and marketing perspective) identifying great business partners, market intelligence and data generation. These factors are common across industries and helped me immensely in adapting across industries.
Your passion for brand protection shines through in your extensive experience and achievements. What advice would you give to aspiring IP lawyers or brand protection professionals looking to make a mark in this field?
Thanks for your kind comments. I am grateful to the people whom I worked with who have been kind enough to bestow great knowledge. I would advise young lawyers who want to pursue a career in IP, should certainly explore this very interesting and passionate field of IP enforcement, unfortunately at this stage, it’s not being taught as an educational curriculum, so all the knowledge you can gather is through practical experience. I found this very fascinating considering that my stints across organizations from being support functions to being called revenue generators were a very satisfying experience. I would advise young law students to try and work towards IP enforcement during their internships especially those who plan to intern in FMCG companies, wherein they will realize the importance of this domain. I would also advise young lawyers to stay updated by doing additional courses in upcoming domains like cyber laws and other institutes offering such courses. Lastly, I would advise young lawyers and professionals to be very passionate about the work they do and know that they are creating an immense impact on the society as a whole. They should think with a clear motto of ‘PROUD OF WHAT WE DO’ and ‘BE GENUINE’ in their opinions and thoughts.
In addition to your professional endeavors, you’re known as a foodie and football enthusiast. How do you strike a balance between your career and personal interests, and how do your hobbies complement your work life?
Balance is a key term. Fortunately, due to my role, I used to travel extensively, which gave me a great opportunity to experiment and experience different cultures and their food, which was something I used to always look forward to. In fact, due to the same experience, I started travelling to places just to enjoy a delicacy, which gave me such happiness and satisfaction.
As regards football, it has taught me so much in terms of hard work, resilience, and risk-taking towards my everyday work which I am immensely grateful to. Both my interests are great conversation starters which certainly gives me a very good idea about the stakeholders I will be working with and helps create a personal connection with them. Lastly, one of the biggest things that you require in any professional field is great team spirit which helps you achieve the impossible and watching football showcases that in the best possible manner. There is a very famous quote by one of my inspirations from the footballing world Arsene Wenger who says “Team spirit is like a flower. You have to look after it every day or else it will slowly die. But, as well, you can make it bigger, better and prettier if you care for it.”
The Brand Protection Charter you established garnered recognition and accolades. Could you walk us through the process of creating such a comprehensive strategy and the impact it had on combating counterfeits and infringement?
This was a very challenging task, as when I joined there was no concept of Brand Protection at the organization. Hence I had to start from scratch in terms of creating structures that defined the said concept, then identifying current and potential problems that would fall within that followed by identifying relevant stakeholders who dealt with the problem and connecting with them to create a common group. This took a long time as I had to educate them about it and its grave importance. This was followed by documentation which led to the building of SOP which included clear guidelines defining the problem and stakeholders who were responsible, accountable, consulted and informed about it. This helped immensely in unifying all existing synergies and using them to solve problems for many brands. As a part of the program, I also reached out to a lot of rights holders or brands to build a spectrum of issues involved and how uniquely and swiftly we can solve them. This charter gave me immense satisfaction when we built it and I do hope the same helps in further evolving the program to new heights.
Your journey includes handling various legal matters, from drafting agreements to conducting raids and enforcing IP rights. What are some common misconceptions people might have about brand protection, and how do you address them in your work?
One of the biggest misconceptions that I have heard being an IP lawyer is that we only deal with IP litigations that involve IP infringement, which is not correct considering as IP lawyers we also do a lot of work around counterfeits which certainly can be done at various levels starting from Law enforcement authorities and customs as well. Additionally, IP lawyers were also part of a lot of interesting and detailed investigations that present different perspectives on a problem. Also, when you say brand protection it’s a very broad domain that is not only limited to IP issues but might involve other areas that involve the protection of brands. Lastly, the biggest one that I have heard is legal function is just a support function, but I can confidently say that during my stint across organizations, the biggest compliments I got were when the sales referred to us as revenue generators and business partners who can help them ensure a smooth sale of products. Brand Protection gives you a unique opportunity to be recognized as one of the important clogs in product life cycle machinery.
Being a certified Anti-Counterfeit Professional, you bring a unique skill set to your role. How do you stay updated with the latest trends and techniques in combating counterfeits and online IP infringements?
I would stay updated with the latest trends by attending various forums dedicated to IP and Brand Protection like INTA events, and IACC events to help immensely in building it. Also being part of sub-committees at INTA (who have dedicated people working on specific brand protection issues in emerging domains like e-commerce platforms and others certainly adds a lot of perspective around current practices and gives a huge amount of learning from them. I also look up to any dedicated programs that have been introduced by reputed institutions to upgrade and upskill myself in them.
As someone deeply involved in industry associations like INTA, how do you leverage these platforms to drive positive change in brand protection practices and policies?
I must say it does help a lot to be part of such Associations considering the impact they are creating. INTA is a great example, considering you can gain a lot of knowledge about current best practices for the issues handled, be part of policy dialogue with relevant stakeholders to drive policy changes and impart training to law enforcement officials on the same. I have leveraged the association to a great extent as I was the chair of the Anti-Counterfeit Committee in the 2022-2023 term for the South Asia region and achieved a lot of success in building best practices for the brand protection domain. Being part of the leadership group also provided an opportunity to tie up with other well-known brands towards the same cause and create many meaningful discourses.
Looking ahead, what do you envision as the future of brand protection, especially in the face of evolving technologies and global markets? And what role do you see yourself playing in shaping that future?
There is a massive potential for Brand protection especially with emerging technologies and global market expansion for brands across the world. When I joined the domain, I still remember there were very few multinationals who had dedicated brand protection professionals, teams and most of such work was done by IP and legal teams, in the past few years we have seen brands getting very aggressive about it considering the big important role it plays especially towards revenue generation. Efforts made by brand protection teams go a long way in ensuring revenue growth and great sales. The importance is also further highlighted by emerging problems that come with technology, especially with the advent of the Internet and online business.
In the bigger scheme of things, I would like to be the evolving face of brand protection professionals leading such initiatives with innovative solutions with the help of technology and helping businesses garner revenue growth while ensuring the end consumers enjoy and reap the benefits of using genuine products everyday everywhere.
Can you tell us about your journey into the field of law, particularly what motivated you to pursue an LL.M. in Corporate Law & Governance after your B.S.L., LL.B. degree?
As far back as I can remember, law as a profession had always piqued my interest. My mind was set on law and ILS Law College, Pune was ranked No. 1 in a popular survey around the time I finished 12th standard. There I was in Pune. I loved that city from the moment I reached the Pune railway station. I had learnt Hindi in school, but it was bookish and my friends thought I was showing off speaking like a poet. The illusion was dispelled quickly when they realised bookish or not, my Hindi was below average. If my Hindi teacher (Late Ms Usha Rajagopalan) had known, she would have quit teaching twice over – once for people thinking I spoke chaste Hindi and once for making it known to the world that all her efforts on me were rather wasted. But there I learnt law, bits and pieces of Hindi and Marathi. I am very fond of my professors from Pune; they were all great mentors. Dr. Jaya Sagade and Ms. Smita Sabne hold a special place in my heart. I also have some of my most cherished memories with friends in Pune.
I decided to complete my post-graduation before entering into the profession. I wasn’t sure I would be able to take a break for further education once I started working. I was naturally inclined towards taxation and corporate law, perhaps due to my commerce background in school. I got into NALSAR University of Law. There I met some great professors and made great friends. I was also happy about extended college life.
How did your educational background, including your diploma in National Security and International Relations, influence your approach to practicing law, especially in the areas of corporate governance and international investment law?
Pune is a city of world-class colleges and educational institutes. I joined as many courses as I could. I was and am fond of politics, international relations and national security. The IR course taught me to see the big picture of domestic policies and regulations. India’s economy and its growth is inextricably linked with a whole set of factors and even a minor difference in the mix would have far reaching ramifications. IR opened my eyes to the consequences and effects (primary, second order and tertiary) of each policy and regulation within the country, their interplay with India’s foreign relations.
Investment law was part of my LL.M. instructed by Professor V. Balakista Reddy. After class, I used to assist him in several of his assignments which gave deeper insights on the subject and the influence it holds over the domestic affairs of India.
Even as we as a nation are growing from strength to strength, I find myself going back to the lessons learnt from these courses. I draw upon these to contribute to the general legal discourse in the country in my own small way. And in my own practice, it helps me ruminate over the wider aspects of any given case.
From my own experience, I would advise every student of law to actively seek and acquire knowledge from diverse disciplines and not restrict oneself to law books alone.
As the managing partner of SA Law, you handle a wide range of legal matters. Could you share with us some memorable cases or experiences that have shaped your perspective on the legal profession?
I have been fortunate to work in a range of cases across several forums and cities. Rather than go into specific instances I will share what I have learnt or what has been reinforced in me.
I have and will always consider myself a student of law. Not just my experiences in managing a Firm, but my experiences even as a junior advocate in the profession have influenced my thoughts and approach to my practice.
I always bear in mind the wisdom imparted by several seniors over the years – be ethical, one’s reputation is more valuable than the money one makes in a matter or a lifetime, be humble and honest with the court, do not hide facts which may be against you and always read and review your own work. These are the broad principles which have guided me. Each day, I realise more and more the importance and truth in these pearls of wisdom.
Be thorough with the facts; prepare to present the matter as if the judges do not know anything and at the same time as if they know everything, that way one will eliminate the room for lacunae in preparation; cross-check every work product prepared by one’s team and also have one’s own work product carefully reviewed; these are the other thoughts which influence my approach to work.
You’ve been involved in advising tech-based businesses and startups on legal and regulatory aspects. What unique challenges do these clients face in terms of technology laws, and how do you navigate them?
In India, we suffer from too much regulation in certain areas and too little regulation in certain others. We are evolving as a nation in this regard. Both the legislature and the judiciary are wise to the regulatory quagmire. There are some promising steps being taken. Technology as an interface will also mitigate several of the challenges faced by both clients and lawyers.
Some clients have to find a way in the labyrinth of regulations and stay on the right-side of law without the burden of compliance sounding the death knell to the business. Some clients have to be told that what is not regulated does not mean that it is prohibited. Especially, newer kinds of business find themselves without any regulatory guidance and often these companies liaison with the regulators to bring about a law to govern their industry. Fintech is a classic example of industry-led regulation. It also has the danger of bias when business lead the way of regulations. But India has done well in that department overall. Of course, one can always improve.
Tech based companies making a foray and disrupting the finance, education or medicine industries find themselves facing unique business as well as legal challenges. Some of these issues were deliberated upon by experts from various fields in the Vichaar 2024 Conclave organised by our Firm. Right from designing the contracts that govern the relationship of the clients inter se, with their vendors and users, to the regulatory obligations under the law, new-age companies present issues which may not have any precedence and defy the template-model of transaction and conveyance practice. Without understanding the business there is no way one can find the thin line between legal and illegal business operations. The first step for any technology lawyer is to first understand the technology and the business. Then one must revisit the principles of law. I always find it useful to re-read the provisions of law and their interpretation before providing any advice. I feel this is especially important for start-ups as any misstep may cost dearly to not only the clients and their investors, but may also adversely impact the technical solutions piloted by such start-ups. And never cut corners.
Cyber law is not a new expression in India’s legal system. But as technology evolves, tech-law also has to keep pace. We are all waiting for life to be breathed into the Data Protection Act. Fast evolving technology like AI is full of possibilities, opportunities and at the same time massively disruptive capabilities. AI would be a game changer in national security, personal privacy and the job market in general. This presents a huge challenge to everyone with stakes in the law and policy field to anticipate, prepare and adapt for the changes while safeguarding the core constitutional promises to citizens.
Your experience includes handling pro bono cases for individuals with meagre incomes and working with NGOs like SEWA Bharat. How has this aspect of your work impacted your overall legal career?
Every case is satisfying in its own way, be it contesting the unsustainable tax demand, bringing defaulting corporate debtors to books, dealing with breach of service law, championing the cause of unjustly terminated labour in getting justice, or representing the parties involved in the criminal justice system.
By nature, I have never been particular about money – not a great quality when you are managing your own practice, but that is what it is. So when I help someone in need, I do not feel altruist or special about it. It is what I am and what I do. But these cases also humble me, and they make me realize more and more the nobility of the profession.
At the same time I would add this: ask any senior in any court and they will tell us to work harder on pro bono cases or cases where we are advocating the cause of some social organisation. These are cases which can shatter the delicate reputation that any lawyer has to build with great diligence and time. I take these words of caution with utmost seriousness.
Could you discuss your role as a senior associate at Lakshmikumaran & Sridharan, particularly your involvement in indirect tax matters and your appearances before various authorities and courts?
I had one of the most enriching experiences of my life at LKS. It was a great learning experience. A large firm like that gives one the opportunity to work with seasoned and consummate professionals at the top of the game. One learns from individuals with great differences in style and approach. Where one senior demands perfection in the draft another would require extensive research even on issues tangential to the matter, just to be thorough and to leave nothing unprepared. I also had the opportunity to work from some of best Senior Advocates involved in indirect tax cases, from Mr. Harsih Salve, Mr. P. Chidambara, Mr. Arvind P. Datar, Mr. Santosh Bagaria, Mr. N. Venkataraman to Mr. V. Sridharan.
I worked closely with Mr. V. Lakshmikumaran during the time the Supreme Court constituted a special tax bench to speedily dispose of long-pending tax cases, including assisting him before the 9-judge bench Entry Tax matter. That was my first constitution bench matter. Thanks to him, I honed my ability to quickly navigate any brief, anticipate the questions and prepare for the same. Under him, I learnt the importance of preparing to explain the most basic points of a subject and at the same also to present the most nuanced and sophisticated points of the same subject. During the time the special tax bench was there, I was fortunate to have worked on more than 200 final hearing cases, which is a very rare opportunity for anyone in the profession. I must say this – the pace of Justice A.K. Sikri and Justice R.F. Nariman on the tax bench kept all of us on our toes and the entire team working on Supreme Court matters would have worked for close to 16 hours a day!
Apart from appearing in the Supreme Court, I have handled cases before the Delhi High Court, CESTAT and at Commissionerate level. In all these, I have been the beneficiary of guidance and friendship of several lawyers of the firm. In no particular order, I am grateful for the time and guidance of Mr. B.L. Narasimhan, Mr. Amit Jain, Mr. Hemant Bajaj, Mr. MP Devnath and Ms. Jenny Verghese. Some of my former colleagues are today friends beyond and outside the profession.
You’ve been actively engaged in conducting seminars and talks on legal issues for law students and professionals. What inspired you to take on this educational role, and what do you hope participants gain from these sessions?
While in college, I read somewhere that the best way to learn a subject is to teach it. I started making presentations purely to learn topics, but I soon realised that I enjoyed the process of learning, sharing what I learnt and learning more in that process. I have since carried on with conducting such sessions with students. It is a way for me to learn more and to also give back to my profession.
I also feel that due to the nature of the profession and the enormous syllabus which needs to be covered in college, nuances and practical aspects cannot be taught solely by the law institutions. Seminars and conferences which bring practical experience to the classroom serve to fill the gap of what can be taught in a traditional environment and what is expected/ required in the market. So our endeavour at the Firm is to bring the niceties of legal practice across to the students and aspiring young professionals.
Lastly, based on your journey from law school to becoming a managing partner and advocate-on-record, what advice would you give to fresh graduates aspiring to enter the legal profession, especially in the areas of corporate law and governance?
Legal profession is a rewarding and at the same time a highly demanding profession. The foremost demand placed by the profession is on the health of the individual, both physical and mental. Focusing on maintaining good health and creating a daily routine around which to organise every aspect of your life comes first. There are time-tested and well-respected qualities expected from any lawyer and law student – commitment, professional knowledge, professional competence, hard work, attention to detail and being well-informed about the developments in the society. By professional competence I don’t mean only written and oral communication skills, but I include adherence to ethical standards and providing honest advice to clients, even if such advice is unpalatable to the client. These are necessary but not sufficient conditions for success in the profession. Consistency, professional and personal integrity, steadfast adherence to professional ethics and building a good network are factors which make or break a career. To add a few words about personal integrity – a lawyer is somewhere between the society at large and the centres of power (though often the roles overlap) and hence, must bear the extra weight of responsibility to the society more so than most other professions and at all times conduct themselves as an ambassador of the profession.
Speaking specifically about corporate law – keeping pace with business and economic development, learning about the evolving business trends, training to put oneself in the shoes of an entrepreneur – these are the qualities one must develop.
I have saved the best for the last. Patience and unwavering self-confidence. These are, of course, empty shells if one doesn’t check all the boxes above.
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