Your journey from law school to becoming a Co-Founder & Partner at PSA Law Partners is impressive. Can you share a bit about how you started your career in law and what inspired you to focus on litigation and compliance?
My journey began after graduating from R L Law College Belagavi, driven by a childhood inspiration from a practicing lawyer in my village and my natural inclination towards argumentation, which had me tagged as a “lawyer” since school. Pursuing a Master’s at Bengaluru University was a decision made out of a passion for legal intricacies, despite an initial reluctance. My formative years were significantly shaped by my tenure as a Law Clerk cum Research Assistant under Justice S. Abdul Nazeer, which diverted my path from criminal law to broader legal practices. My work at notable firms like Poovayya & Co and Khaitan & Co further solidified my commitment to using my legal expertise as a “bulletproof jacket” against injustice.
Having handled a variety of cases in different fields and having represented corporate houses and currently representing them in litigation and policy advisory, is there any special care which needs to be taken to handle such clients?
Corporate clients require a blend of legal precision and business acumen. My approach, which emphasizes “Managerial Solutions to Legal Problems,” reflects an understanding that legal challenges must be integrated within a company’s strategic framework. This philosophy has been shaped by my diverse experiences across legal practices, teaching me that true value lies in aligning legal strategies with business objectives, ensuring compliance and navigating regulatory landscapes effectively.
With a decade of experience in Corporate and Commercial Litigation, Intellectual Property Rights, Direct Tax, and more, you’ve worked on diverse cases. Could you highlight a case that was particularly challenging or interesting, and share the strategies you employed to navigate through it successfully?
My experience at Poovayya & Co, where strategy discussions included even the youngest lawyers, marked a pivotal shift in my professional development.
A significant challenge was contesting a State Government Notification on Minimum Wages that adversely impacted a sector. By initiating a fresh legal challenge in the High Court, leveraging strategic litigation techniques, we overturned previous adverse decisions, showcasing the importance of resilience, innovative legal thinking, and the impactful role of strategic legal advocacy.
Having represented clients in major corporate debt recovery and insolvency litigations, what advice would you give to young lawyers aspiring to specialize in this area of law?
My advice is to embrace a broad spectrum of legal challenges early on, fostering a versatile skill set before narrowing down to a specialization. This foundation allows for a deeper understanding and a more informed choice when selecting a niche, emphasizing the importance of building a reputation for meticulousness and dedication to excellence.
In your experience, navigating through various legal domains, what’s one unconventional or unexpected lesson you’ve learned that has had a profound impact on your approach to practicing law?
The most profound lesson has been the importance of empathy. Recognizing the human elements behind legal cases has reshaped my practice, guiding me to approach each case with a deeper understanding and compassion. This insight, fostered through my diverse experiences, has not only enhanced my negotiation skills but also strengthened my relationships with clients and colleagues.
Do you consider a career in the Judiciary as an option for young lawyers and for yourself?
Embracing a judicial career entails significant sacrifices but offers unparalleled opportunities to contribute to society. The attractive aspects, such as contributing to societal well-being and the prestige associated with the judiciary, appeal to my sense of duty and commitment to justice. Personally, I view the judiciary as a noble calling, one I would consider with great reverence if the opportunity presented itself.
In your career, you’ve practiced in various courts and tribunals. Could you share an experience or lesson from your early years that significantly shaped your approach to legal practice?
My early experiences in Bengaluru, particularly the encouragement from judges and seniors, played a crucial role in my professional development. An instance that stands out was my first reported case in Direct Tax when I was associated with M/s K.R.Prasad, Advocates & Tax Consultants, where I was encouraged to present a case on merits, marking a significant milestone in my career. These formative experiences taught me the value of preparation and the courage to seize every opportunity to stand before the court.
Given your focus on White-collar crimes, what unique challenges do you encounter in handling such cases, and how do you address them?
Specializing in white-collar crimes involves navigating intricate legal frameworks and voluminous documentation. My approach, grounded in a thorough understanding of law and clear client communication, aims to dissect each case meticulously, building robust defenses against complex allegations. This specialized focus demands strategic thinking and a detailed-oriented mindset.
PSA Law Partners was founded in 2019. What motivated you to establish this firm, and what values or principles guide the firm’s approach to client representation?
Founding PSA Law Partners was the realization of a lifelong dream, driven by a desire for autonomy and the pursuit of justice. Our firm’s ethos, shaped by my experiences and personal values, is committed to delivering timely and effective relief to our clients, upholding the principles of integrity, excellence, and client-focused advocacy.
As someone who practices in the High Court of Karnataka, could you highlight any distinct characteristics or challenges of the legal landscape in this jurisdiction?
Practicing in the High Court of Karnataka requires an adept understanding of legal intricacies and the ability to articulate compelling arguments. The jurisdiction’s unique challenges include navigating complex legal issues and effectively representing clients with limited direct interaction, demanding a high level of analytical and strategic thinking.
Considering your impressive academic background, including securing the second rank in LL.M, how do you perceive the value of pursuing postgraduate education, such as an LLM, for the current generation of aspiring lawyers? What advice would you give to those considering further specialization in law through advanced studies?
Pursuing an LLM provided me with invaluable insights, particularly in labor law, shaping my approach to litigation. I advise aspiring lawyers to choose specializations that align with both their interests and the evolving legal landscape, ensuring their education enhances their career trajectory in meaningful ways.
Beyond the legal realm, we’re curious to know more about your interests outside the courtroom. Could you share a bit about your favourite hobby or activity that brings you joy and relaxation when you’re not immersed in legal matters?
Away from the demands of legal practice, I delve into political history and enjoy exploring scenic landscapes, activities that offer a refreshing contrast to my professional life. These interests provide a sense of balance, enriching my personal growth and offering perspectives that influence my professional demeanor.
Reflecting on your journey from college, where you were a Gold Medallist in your LLM from NLSIU, to your current position as a Partner at Surana & Surana International Attorneys, could you share some insights into the key milestones and challenges you encountered along the way?
I am a first-generation lawyer and embarking on my legal journey as one in 1997, was the initial challenge, where I did not have the benefit of a well-trodden path or sage advice. My parents and my brother gave me their unwavering support in all my decisions. Guided by serendipity, I found myself at the National Law School of India University (NLSIU), Bengaluru, where I secured the Gold Medal in my LLM for the highest CGPA. During this time, I was also appointed as an MK Gandhi National Law Fellow, alongwith other eminent fellows. In 2003, I taught for a year in National Law University, Jodhpur. Prof. (Dr.) N.L. Mitra was the Vice Chancellor of the University at the time. His prudent counsel underscored the importance of perpetual research, continuous upskilling, and an unwavering commitment to staying abreast of dynamic legal developments, and this has held me in good stead throughout my professional trajectory. Teaching for a year was a pivotal advantage, providing me with a unique perspective and reinforcing the importance of continuous learning in the dynamic legal landscape. Most of my students at the time are now distinguished legal professionals.
In 2004, I joined Surana & Surana, immersing myself in intellectual property law within the firm’s IP practice. This marked the beginning of a deep dive into the nuances of IP as I navigated through diverse facets of intellectual property, gaining invaluable insights and practical experience that would prove instrumental in shaping my career trajectory.
In 2006 I commenced my independent practice with my spouse, focusing on intellectual property law and constitutional law before various High Courts and tribunals and as time passed, the briefs slowly trickled in. The practice of law before the courts are unparalleled – from the charged atmosphere of the courtroom to the swift thinking on your feet. The satisfaction derived from presenting compelling arguments, navigating legal intricacies, and securing favourable outcomes for clients was my driving force from 2006 to 2020. Intellectual property law is a multifaceted and dynamic field and the learning was challenging, every day, in the courtroom, observing the various senior counsels, and imbibing the wisdom of the bench.
At times when the family car was not available for my use, I started using the Metrorail, and then used it often for a swift and easy commute to the courts, significantly cutting down travel time, allowing me to optimize my schedule. In 2014, my daughter was born, putting me to the test of balancing my little one and my work. I worked from home for the first four months of the parenting journey and my office handled everything wonderfully. When my daughter was 5 months old, I appeared before the Intellectual Property Appellate Board in the matter of M/s Royal Classic Mills Pvt. Ltd v. The Polo Lauren Company, L.P., ORA/144/2007/TM/DEL/, and rushed back to my daughter waiting for me in my mother’s arms. Following this I slowly eased back into practice and resumed all my professional work by the end of the year. My continued professional journey, without a break, would not have been possible without the support of my family and my colleagues.
In 2020 I was appointed to the Intellectual Property Appellate Board (IPAB) and it was my privilege to serve along with other members under Chairman Hon’ble Mr Justice Manmohan Singh. We gave rulings in various matters concerning prominent brands such as RPG, HP, REDBULL, PAMESA, EVEREADY and several other renowned trademarks. His Lordship’s mentorship proved invaluable, providing guidance and insights into his professional journey in advocacy and adjudication that significantly contributed to my professional experience.
Post my tenure at the IPAB I am now Partner at Surana & Surana, and I lead the Intellectual Property Practice. Other than being engaged for IP litigation before the Delhi High Court, I advise, guide and mentor my practice colleagues on their corporate IP advisory to clients, IP legal strategy, IP audits, IP valuations, IP filing and prosecutions in India and various countries worldwide, PCT filings and MADRID filings, IP monetization, IP contracts & agreements, IP commercialisation and other legalities.
I am indebted to the eminent mentors who generously imparted their legal sagacity, illuminating my path with their professional insights. I did not have one single Guru, rather I am blessed to have learnt from all. Their tutelage through legal discussions, arguments and advice has been the lodestar guiding me through my journey. My family of friends support me unwaveringly.
Choosing law as my career has allowed me to inspire numerous individuals within my family and friends’ circles.
During my 23 + years of professional experience, I have traversed the journey of a law student from teaching to working as an advocate in a law firm to running an independent practice to becoming a Member in the IPAB and currently a Partner in a law firm leading the IP Practice.
Congratulations on your recent recognition as IP Woman Lawyer of the Year! How does it feel to receive such prestigious awards, and what impact do you think they have on the field of intellectual property law?
Thank you for your kind words. Receiving the IP Woman Lawyer of the Year Award, 2023 from INBA was truly an honor and a testament to the collective efforts of women in the field of intellectual property law.
The awards and recognitions I have received in the past year are:
IP Woman Lawyer of the Year, 2023, Indian National Bar Association (INBA)
Leading Individuals in IP in India by the Asia Pacific Legal 500
Leading Individuals in IP in India by the World Trademark Review (WTR) 1000
Leading Individuals in IP in India by IAM Patent 1000
Finalist – Copyright Lawyer of the Year, Women in Business Law Awards, 2023 (APAC)
Finalist – Patent Lawyer of the Year, Women in Business Law Awards, 2023 (APAC)
Finalist – IP Lawyer of the Year, Legal Insider Awards, 2023 (APAC)
Finalist – 2023 Lawyer Monthly Legal Awards
IP Star for India, 2023, ManagingIP
I am grateful for these honors and remain committed to furthering the advancement of intellectual property law with a focus on innovation, ethics, and inclusivity.
These awards serve as a powerful platform to showcase the achievements of women in intellectual property law, promoting gender diversity and inclusion in the legal profession. They inspire aspiring female legal professionals to pursue careers in IP law, breaking traditional stereotypes. Moreover, they bring attention to the field’s critical role in innovation, economic growth, and global competitiveness. By acknowledging excellence in IP law, these awards contribute to raising awareness about the strategic importance of intellectual property in various industries.
Throughout your tenure as a Member Judge at the Intellectual Property Appellate Board, could you reflect on a particular case that not only presented legal challenges but also left a lasting impact on your own understanding of intellectual property matters?
I can detail some cases for professional discussion for practitioners and academic interest for students during my IPAB tenure.
One is Eveready Industries India Limited v. Kamlesh Chadha, 2020(83)PTC575(IPAB), decision upheld by the Hon’ble High Court of Delhi in Mr. Sanjay Chadha Trading as Eveready Tools Emporium and Anr. v. Union of India and Anr., 2022/DHC/004457
In this matter Eveready Industries India Limited, incorporated in 1934 was using the Trademark “EVEREADY” since 1942 registration applied for in 1994. The Respondents has registered trademarks too and contended that the Trademark “EVEREADY” was their bonafide trademark and they adopted it with honest intention in 1985 regarding other goods. Acquiescence can be an issue, so was an assignment deed that had been executed between the parties.
The Bench determined that the term ‘EVEREADY’ qualifies as an invented word, absent from the English dictionary, and also serves as the corporate name for EVEREADY INDUSTRIES INDIA PRIVATE LIMITED. The adoption and registration of the trademark ‘EVEREADY’ in 1985 by the Respondents were deemed to be in bad faith, as no justification was provided for the use of this invented mark. The deceptive nature of the Respondent was further evident in their unauthorized utilization of other well-known marks like “HMT,” “DELUXE,” “CHAMPION,” “CRAFTSMAN,” and “AMUL,” as per documented evidence. Notably, there was a lack of consistent use of these marks, failing to meet the requirement for acquiescence over a continuous period of 5 years in the usage of a registered mark.
The above decision was upheld by the Hon’ble High Court of Delhi and EVEREADY was declared a Well-Known Mark.
Another matter is Sun Pharmaceuticals Ltd v. Macleods Pharmaceuticals Limited, ORA/66/2014/TM/MUM, decision upheld by the Hon’ble High Court of Bombay in Macleods Pharmaceuticals Limited v Union of India, 2023 SCC OnLine Bom 408
In this dispute, Sun asserted its trademark application for OFRAMAX, filed on August 30, 1989, and subsequently granted registration on May 13, 1994, within Class 5 for pharmaceutical goods. On the other hand, Macleods initiated its trademark application for the mark OFLOMAC on January 28, 1999, in the same class, and secured registration in 2005. Macleods argued that OFLOMAC resulted from combining its medicine name OFLOXACIN with the company name MACLEODS. They contended that Sun’s claim of using the trademark OFRAMAX since July 1991 lacked supporting documents, with invoices and statements only demonstrating usage from 2003 onward. The Bench held that Macleods’ trademark is deceptive, recognizing the potential for confusion with Sun’s mark. This was important to prevent any likelihood of confusion on the specific medicinal or pharmaceutical products.
This decision was affirmed by the Hon’ble High Court of Bombay.
The third case that comes to mind is Britannia Industries Ltd. V. Rakesh Kumar Jain, ORA/68/2013/TM/AMD, Order dated 23rd December, 2020, relied on by the Hon’ble High Court of Delhi in Britannia Industries Ltd V. Good Day Oral Care & Ors., CS(COMM) 572/2021, Order dated 5th November 2021.
It concerned the mark GOOD DAY, which was adopted in 1986 by Britannia and soon went on to become one of their most popular brands. The Respondent filed an application for GOOD DAY in 2010 in respect of Salt. The Bench held that the Respondent had no plausible explanation for adopting the GOOD DAY word and no evidentiary proof of usage claimed since 2005. GOOD DAY was declared as a well-known mark and the mark of the Respondent was ordered to be removed from the Trade Mark Register.
You are a part of the International Amicus Committee of the International Trademark Association. How do you see the role of international collaboration in shaping intellectual property laws globally, and what challenges do you foresee in the future?
International collaboration plays a crucial role in shaping global intellectual property laws by fostering consistency, sharing expertise, and addressing cross-border challenges. As a member of the International Amicus Committee at INTA, I get to witness firsthand the impact of collaborative efforts in providing valuable insights to courts and trademark offices worldwide. This exchange of expertise contributes to a harmonized approach in addressing intellectual property issues on an international scale.
However, challenges persist, including diverse legal frameworks, cultural differences, and evolving technologies. Bridging these gaps requires continuous efforts to build consensus and establish common ground. Additionally, staying abreast of emerging trends and ensuring inclusivity in decision-making processes are essential for effective international collaboration in shaping the future of intellectual property laws.
Balancing a role as a Professor of Practice at Christ University School of Law, NCR, New Delhi along with your legal practice must be demanding. How do you manage to stay engaged with both academia and the dynamic legal landscape?
During my early years of teaching, I had the pleasure of guiding students who have now progressed to senior positions in law firms and the corporate sector. I fondly reminisce about those teaching days and the sense of purpose it brought. Presently, I remain engaged in various academic initiatives, actively contributing to legal education through mentorship and guidance in institutions.
As a Professor of Practice at Christ University School of Law, NCR, New Delhi, I am offering a specialised course on IP Litigation. I maintain engagement through efficient time management, leveraging practical insights from my legal practice to enrich academic discussions, and staying updated on the dynamic legal landscape. This synergy allows me to contribute effectively to both education and the evolving legal field.
You’ve been involved in several IP cases. Can you share insights into some of your memorable casesfor academic interest, detailing the challenges faced and the strategies employed that led to a favorable outcome?
I can talk about some cases for professional discussion and academic interest.
In 2009, the matter of Maya Appliances Private Limited v. Jaipan Industries Limited, Suit (L) No 1036 of 2009 before the Hon’ble High Court of Bombay, was a question of design and trademark infringement of the plaintiff’s unique and registered leaf design and trade dress. The Respondent brought forth a registered design stating that they owned it and that their products were based on this design. We convinced the Hon’ble Court that the production of a design certificate owned by one Sairaj Industries only shows that the alleged design is owned by them. The Respondents neither described the relationship between them and the Sairaj industries, nor have produced any documents towards the same. Working on this case of the infringement of a registered design and establishing arguments was interesting.
Another case was that of Karthik Subbaraj G. v. Five Star Films Pvt. Ltd. C.S. No. 810 of 2015 before the Hon’ble High Court of Madras. The dispute was between the Director and screenwriter of the film Jigarthanda and the producer. As per the agreement of 2012 between both, the project was commenced and the move shot and released. The suit was filed seeking an injunction against the producer to prevent selling the remake rights of the movie in any language. No permission has been obtained from the Plaintiff for using it in other languages. The moral rights of the screenwriter, reproduction rights, remake rights vis-à-vis the terms of the Agreement were discussed in detail before the Court.
In Shiv Nadar Foundation v. Registrar of Trademarks C.A.(COMM.IPD-TM) 122/2021, the case was filed against the refusal of the logo mark SHIKSHA for education. The Hon’ble Court appreciated the composite nature of the mark and no other similar logos and struck down the Order of refusal.
As a member of the CII – IP Forum, FICCI – IP Council and a mentor at various institutions such as MAARG, the Founder Institute, how do you think the legal profession can contribute to fostering diversity and inclusion, especially for women in intellectual property law and as startup founders?
Engaging in collaborative efforts with industry forums such as CII and FICCI allows legal professionals to leverage collective influence, driving systemic changes that promote diversity and inclusion. It is imperative for the legal community to uphold these principles and actively contribute to dismantling barriers, thereby creating a more inclusive and representative landscape in intellectual property law and startup entrepreneurship.
To foster inclusivity, legal practitioners should actively promote equal opportunities, advocate for unbiased recruitment practices, support women re-entering the profession after a break for the family and support mentorship programs tailored to empower women in the intellectual property sector. Creating a conducive environment that embraces diverse perspectives not only enriches the profession but also contributes to a more innovative and equitable ecosystem.
When mentoring startup ventures, legal professionals can contribute by advocating for gender-neutral policies, offering legal guidance on inclusive corporate structures, and actively participating in initiatives that provide women entrepreneurs with access to legal resources.
I am also actively engaged in various intellectual property discussions, as part of the panel in various forums and conferences. I’ve served as a Speaker and Panel Chair at various CII, GIPC, WIPF and other events. With talks spanning from online gaming, IP litigation, generative AI, online platforms, performer’s rights, IP monetization to data protection, I have been able to contribute insights and share my perspectives.
Your work involves carving IP legal advisory strategies, performing IP audits, and coordinating IP valuations. What advice would you give to young professionals aspiring to specialize in intellectual property law, especially in the context of the evolving legal landscape?
Having just one degree or having multiple degrees specializing in a single domain is considered outdated or passé in contemporary times. In today’s dynamic and interconnected world, professionals are expected to adapt to a variety of roles and contribute across different fields. Combining expertise from various disciplines not only enhances problem-solving skills but also fosters innovation and creativity.
Employers and industries increasingly seek individuals with a broader range of knowledge and capabilities, transcending traditional disciplinary boundaries. Examples are the combination of law and an engineering or fine arts or a medical background. For instance, someone with a background in both law and technology might be better equipped to navigate the complex legal landscape surrounding emerging technologies.
For aspiring IP professionals in the evolving legal landscape, I recommend gaining diverse experience, staying updated on emerging trends in IP such as the protection of and infringement occasioned by the use of AI, especially generative AI, cybersecurity and IP, blockchain technology, gene editing, sustainable technologies, quantum computing, 3D printing, neurotechnology, IP of and in the hands of influencers and social media, cross border IP litigation, etc and developing a strong understanding of technology and business. Embrace continuous learning, engage in practical training, and build a network within the IP community. A strategic focus on carving innovative legal solutions will position you for success in the dynamic field of intellectual property law.
Additionally, cultivate a deep understanding of global IP laws, invest in honing negotiation and communication skills, and actively participate in industry events and associations. Embrace a proactive and client-centric approach, and leverage technology for efficient legal practice. Remember, adaptability and a passion for innovation will be key drivers of success.
Furthermore, seek mentorship from experienced professionals, explore interdisciplinary collaborations, and consider pursuing relevant certifications to enhance your expertise. Stay attuned to ethical considerations and emphasize integrity in your practice. Finally, contribute to thought leadership by publishing articles, attending conferences, and actively participating in discussions to establish yourself as a knowledgeable and influential figure in the intellectual property legal community.
Continuously build a strong professional network, both locally and globally, to foster collaborations and stay informed about industry developments. Be adaptable to changes in legal frameworks and technology, and proactively anticipate challenges to offer strategic solutions. Embrace innovation in legal research and leverage data analytics to enhance your practice. Ultimately, a holistic approach that combines legal acumen, business understanding, and a commitment to excellence will set you apart in the dynamic field of intellectual property law.
Having excelled in moot court competitions and representing India in international forums like the Afro Asian and Phillip C. Jessup Moot Court Competitions, how did your experience in moot court contribute to your professional development? Furthermore, do you believe participating in moot court competitions is essential for law students and how can it positively impact their growth and skills development?
Engaging in moot court competitions has been a pivotal aspect of my professional journey, contributing immensely to my development as a legal practitioner. Representing India in international forums like the Afro Asian Moot Court Competition in 1999 and Philip C. Jessup International Law Moot Court Competition in 2000 was a transformative experience that provided a multifaceted impact on my skills and outlook.
Participating in moots equipped me with the ability to carefully assess each argument, strategically position them before the bench, identify vulnerabilities in the opponent’s case, adeptly counter their points, skilfully address judges’ inquiries, and cultivate a respectful demeanour towards both the bench and opposing counsels. The experience also facilitated networking opportunities with students and legal practitioners from across India, expanding my professional connections.
When I was a student, the only international competitions that India used to participate in were the Philip C. Jessup International Law Moot Court Competition, Afro Asian Moot Court Competition, Stetson International Environmental Moot Court Competition, and Willem C. Vis International Commercial Arbitration Moot. Now there are so many more mooting opportunities for law students. Law students should actively involve themselves in external mooting as part of the extended curriculum for advocacy skills development, legal research proficiency, confidence building, understanding courtroom dynamics and networking opportunities
Beyond your legal pursuits, what are your personal interests or hobbies that you find yourself passionate about in your free time?
I find joy in quality time with my daughter, indulging in movies and meals with my friends, and making pencil sketches of people. Additionally, I am proficient in playing the mridangam and am a voracious reader of science fiction and mythic fiction. I would have ended up as a writer or a film director, had I not pursued law.
How do you view the above journey as a woman lawyer?
Yatechchā tatra mārgaḥ – where there is a will, there is a way. Balancing both the professional journey and personal life is a challenge for most of us, especially women litigators. However with good time management skills, the ability to plan and prioritise, hard work and a never-say-die attitude, anything is possible.
In the initial years of a legal career, how seniors treat you, with dignity or otherwise, is crucial. It’s up to individuals to quickly grasp the balance between work responsibilities, career growth, and specialization choices. Navigating these opportunities and challenges posed by seniors is common, and it’s recommended for upcoming lawyers to understand this early on. Dealing with uncertainties and potential disrespect becomes more manageable when comprehended early. As a woman lawyer, I had the chance to grasp and overcome these dynamics, and I appreciate the lessons, whether direct or indirect, taught by my seniors. Their guidance helped me shape my decisions and progress in my legal profession.
My 23 + year professional journey or that of any of my women colleagues’, cannot in the true sense be condensed in words. It involves hard work, dedication, sincerity, and a mix of challenges, opportunities, painful, sad, and happy days in both personal and professional realms. The power within, drawn from the Universe, empowers women to overcome challenges, face each day with positivity, and passionately pursue what brings personal and professional fulfilment.
Despite advocating for equality, empowerment, and equity, women often bear additional responsibilities. While these principles are on paper, their implementation can be challenging. The acknowledgment of exceptional women by you as a “Super Lawyer” underscores the extraordinary efforts made to navigate these challenges, providing a satisfying recognition of the exceptional work done by them and their leadership, integrity and dedication to justice.
So, here’s to the unsung heroines of the legal world, the women who every day turn legal briefs into power suits, make every objection a stepping stone to success, and put out board room legal chaos with their excellent strategy.
Can you share with us what inspired you to pursue a career in law, especially specializing in criminal law? Being a 1st generation lawyer, the only law I was privy to was on television. I have to confess that it was in my 9th or 10th Standard that the television was what got me intrigued into pursuing law, solely for the reason that a lawyer got to wear a blazer and a gown that looked like Batman’s cape. After my first corporate internship behind a desk all day, I knew corporate law was not meant for me and the court was where I would want to be. I was lucky enough to get an internship under Mr. Satish Maneshinde in my second year of Symbiosis Law School, Pune, and that was where my fondness and passion for criminal litigation began growing. I interned for a brief period with Mr. Siddharth Luthra as well in Delhi and thereafter continued my internship under Mr. Maneshinde until I graduated in the year 2013. It was these periods of my internships wherein I used to observe the court proceedings and arguments, that made me realize that I want to practice criminal litigation.
With your extensive experience working under Advocate Satish Maneshinde and handling high-profile cases, how did those experiences shape your approach to practicing law?
Immediately upon graduation, I joined the Chamber of Mr. Satish Maneshinde as a Junior Advocate and that is when I realized, what was studied in college in our CrPC syllabus was 5% of the learning of criminal litigation. It is not the books that will help you practice law in this field, but it is the experiences, practical teachings and observing advocates in court. I was fortunate enough to assist Mr. Maneshinde in various High Courts across the country and the Supreme Court and I realized how the practice is very different in each state, be it inside Maharashtra itself or in Karnataka, Delhi, Hyderabad, Tamil Nadu or Uttar Pradesh. From these experiences I learnt the soft skills which are very important in our practice area. With respect to the high profile cases, those experiences taught me how important it is to keep calm and no matter who your client may be, in your head, he or she should remain just a client. In high profile cases the stress will be greater, there are people watching you at all times, and thanks to the new generation of paparazzi, your every move can be tracked. It taught me how sometimes it is important to stay shut and just say no comment when the media comes at you, because publicity is not how one should practice law, and sometimes anything that you say or do can be used against your client at a later stage.
What motivated you to co-found Numen Law Offices, and how does your firm differentiate itself in the legal landscape?
I always had it in my head to go independent one day, so that motivation was there from the beginning and I was grateful enough to have a boss and colleagues in my chamber who supported and helped me spread my wings, and till date cheer me on. I initially wanted to set up my own chamber practice but then a common friend of Arush, George, Chaitanyaa (my partners) and mine, got the 4 of us together and I guess, we were all at the same page in life so we decided to throw in our personalities and practice areas together and establish Numen Law Offices. We created a Firm wherein the Partners were young, the enthusiasm and passion was high and the determination was shared. Our firm, as of now, captures the best of the two cities in India when it comes to litigation – Bombay & Delhi. After more than 6 years of practice, when we started Numen Law Offices, I had learnt the ropes of dealing with varied criminal cases where the work started from the police station and went all the way up to the Supreme Court. I take up all kinds of criminal cases ranging from serious offences of murder, and rape to cheque bouncing and PMLA, EOW, MPID and other white collar crime matters. My idea was to bring criminal litigation into the law firm space and have all the work done within the firm, instead of outsourcing it. Basically have a mix of chamber practice and a law firm. I myself conduct trials that involve IPC, NIA, CBI, EOW, MPID, POCSO, and cheque bouncing.
Apart from having its own specific criminal litigation team that deals in various facets of criminal law including white collar crime, our Firm is truly unique owing to what each Partner brings to the table. We have Arush Khanna who is an officer of the International Bar Association’s Young Lawyers Committee and India’s first ever Ambassador of the Vienna International Arbitral Centre, apart from his regular practice in courts. There is George Thomas, who is an Advocate on Record (a tough exam to crack) in the Supreme Court and deals with all subject matters of law, be it civil, criminal, tax, etc. And there is Chaitanyaa Bhandarkar who practices a variety of commercial law, real estate, arbitration and private clients among other areas. Owing to this wonderful combination of what I would like to call “”the Fantastic 4”, we being a new law firm with very young partners managed to survive covid and are successfully managing to grow our Firm and win various accolades and recognitions from IBLJ, ALB, Legal 500, Benchmark Litigation and Legal Era, apart from getting orders and reported judgements.
Could you discuss some of the key challenges you’ve faced while representing clients in complex criminal matters, and how you’ve overcome them?
Each case in criminal litigation is different and has to be approached and tackled differently. It will hardly ever be the same route as another case. Apart from knowing the law, it is very important to know various other fields such as accounts, medicine, etc. While dealing with complex criminal matters, the main challenge one faces sometimes is the lack of knowledge when it comes to these specific subjects. Without understanding these subjects, it will be difficult to find the right strategy for your client. In the beginning, there were times where I was faced with a challenge of being unable to comprehend some accounting work or unable to understand a doctor’s analysis with medical jargon on a post mortem report and that’s when I turned to my friends. Friends who are CAs or doctors, who I can question time and again and in the manner I would need to in order to find the correct path to get my client out of the mess, which Google and textbooks could not provide. With respect to white collar crime, another challenge has been “how and why has the client done this” because it may make no sense to you at first. To overcome this, I realized, it is as easy and basic as just learning how to get correct instructions from your client and get them to open up and narrate their thought process to you.
You’ve been involved in a variety of cases, including white-collar crimes, sexual offenses, and drug-related offenses. Can you walk us through a particularly challenging case and how you navigated through it?
This would have been 3 years into practice, where I was approached in court by an accused who was standing trial under the POCSO Act and he was requesting me to represent him and it was a pro bono matter. I of course enthusiastically said yes and later got to know the victim was 10 years old at the time of the incident. Then came the court date wherein the child had to be examined by the prosecutor and cross examined by me. Under POCSO, the recording of evidence is dealt with differently. The prosecutor, the defence lawyer and the judge sit on the same table next to the victim. None of us wore our bands or coats or gowns and there was candy on the table for the child to feel comfortable. I think this scenario enabled me to also be comfortable and my human side just kicked in and I was able to ask the questions I wanted to without affecting the child and at the same time carrying out my duty towards my client. Post court, I had a conversation with my sister about it and we discussed the emotions going through me and I realized being an officer of the court is all about representing a person who has a right to be defended. As lawyers we need to perform to the best of our ability for our client, but before everything else, we are officers of the court and we can maintain our humanity while doing so. I did have a candy as well and chose not to be hard on myself for having to do this, because at the end of the day, every person has a right to be defended, so it’s better you do it ethically than another lawyer who may not have been so kind to the child.
As a recognized legal leader, you’ve been acknowledged in prestigious lists such as “India’s Future Legal Leaders” and “India’s Rising Stars.” How do you maintain your professional excellence and stay at the forefront of the legal industry?
It is all about hard work, consistency, being a good lawyer not only in court but towards your clients as well. I am always punctual, be it in court or when it comes to delivering work to a client and updating the client about the status of the case. I realized after getting into the law firm space that networking is integral and I try my best to work on that. At the same time it is crucial to keep reading the latest judgments so I ensure I take time out to read. And sometimes driving my car while blasting music to blow some steam off definitely helped maintain professional excellence.
Can you share some insights into your role as an external member of the Internal Complaints Committee under the POSH Act and its importance in ensuring workplace safety and gender equality?
One of the main advantages of implementing the POSH Act is the establishment of safe and inclusive workspaces. When employees are assured that their workplace is free from sexual harassment, they feel more comfortable and confident. This improved sense of security encourages more women to actively participate in the workforce, leading to better gender representation across all levels of the organization. When carrying out the work as an external member, you have to be responsible as you have a very crucial role to play in the Internal Complaints Committee. This is the member that needs to act as a neutral third party that keeps the bias of the ICC in check and ensures that the management does not influence the decisions. Both parties involved are counting on you to carry out your job independently.
Lastly, drawing from your rich experiences, what advice would you give to recent law graduates who are embarking on their legal careers, particularly those interested in criminal law?
Be patient and first train under a senior for a considerable period of time. The only way to ace this field is by observing in court and gaining practical experiences. No book will be able to tell you how to cross-examine. Only observing our seniors in court when they are conducting trials will educate you. Start from the lowest level and learn the procedures upwards. One cannot directly start practicing in the High Court as a criminal lawyer. You need to know the procedures right from the time that a FIR is registered. If you are interested in criminal law you need to know that it does not start and end with white collar crime.
Can you share with us what inspired you to pursue a career in law, particularly in the field of dispute resolution and arbitration?
Funnily enough, I would have to say that my entry into the law school and eventually into the legal profession was not all planned and happened by accident. I was initially a Zoology (Hons.) student at North Campus, Delhi University, where through the internet, peers, and friends, I found out about the various national law schools in India. I was instantly intrigued; decided to leave zoology behind; and apply to law schools. It was at NLIU Bhopal, that I realised the emancipatory potential of law; my inclination and ability towards analytical thinking and its capability of a positive impact on society and human civilization at large. Further, during the 5 years I spent at Bhopal as well as the various internships I completed during that period, I realised and accordingly decided that dispute resolution would be the practice area for me.
I started my journey as a lawyer in 2011, upon graduating from NLIU, Bhopal and joining the disputes practice of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), at its Mumbai Office. I thereafter shifted my base to Delhi in 2016, and presently, I am a Partner at Cyril Amarchand Mangaldas, at its Delhi, NCR Office.
Now, 13 years later, I am a qualified Advocate-on-Record and endeavouring to build and develop a practice in advising and representing both Indian and foreign clients in a diverse spectrum of areas under the disputes and arbitration umbrella.
You have a specialization in various areas such as complex, civil and commercial disputes; contractual disputes; securities laws; white-collar crimes; and environmental matters. What drew you or motivated you to pursue such diverse practice areas within dispute resolution?
The preference for a super specialised practice versus a more general one, of course, differs from practitioner to practitioner. However, for me, personally, having a more holistic and well-rounded practice and knowledge in the age of specialisation, is definitely an important arrow in my quiver. I would credit my early curiosity to learn and explore more than one area of a law, as well as the various opportunities which my firm has provided me – as equipping me to effectively advise and represent clients in a diverse variety of matters.
As a gold-medalist graduate from NLIU, Bhopal, what pivotal moments during your education shaped your interest in dispute resolution and arbitration?
Numerous peers, professors and mentors and my experiences have shaped the interest I have and which I continue to learn on a daily basis in dispute resolution and arbitration. I would have to give due credit to my colleagues at my firm, college seniors, who were already placed in various law firms and who regularly advised me on various aspects of practice; my professors, who were instrumental in developing my keen interest in disputes; the various internships and clinical courses I completed which helped create a sound foundation of procedural and substantive law and of course, the people around, who constantly reinforced my desire and determination to use my legal knowledge to help people, create a more aware surrounding, and whatever I can contribute towards building a just world, the best I can.
Could you discuss some of the key matters you’ve worked on, such as advising and representing premier associations, international publications, and major infrastructure projects? How have these experiences influenced your approach to dispute resolution?
During my time at Cyril Amarchand Mangaldas, I have been fortunate enough to work on a variety of high profile and very interesting matters. Whilst it may not be advisable to get into specifics, I have advised big conglomerates, reputed developers and builders, cricket bodies, tech companies etc. I have recently advised and represented a premier association of private sugar mills, on inter alia challenging the implementation of a state policy by way of writ proceedings instituted before the High Court of Allahabad. I have also advised and represented a highly reputed international magazine and multi-platform publication, in a civil defamation suit in Delhi; a major tea estate before the Madras High Court as well as the Supreme Court of India; a leading steel plant in various critical matters before the National Green Tribunal, Principal Bench; as well as the court appointed Administrator of a club/association before the Supreme Court, High Court, NCLAT and NCLT – amongst many other varied cases.
These matters, like all my others, greatly influence my approach to dispute resolution. They reinforce what I believe is a prerequisite to any matter being effectively handled – first, very frankly evaluating the needs and requirements of my client in a solution-oriented approach, and then dynamically exploring the strengths and weaknesses of their case, i.e., whether they would benefit from alternate dispute resolution methods, if at all, etc. I have found that this enables me to best, realistically advise my clients and have their expectations managed from the get-go. In my view, it is very important to have a long-term vision and to have a solution based and practical approach.
As an Advocate-on-Record, Supreme Court of India, what unique challenges and opportunities do you encounter while representing clients in the highest court of the country?
I believe an AOR has to be cognisant of the immense responsibility that accompanies its title. Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land. Almost on a fortnightly basis, one hears of directives and observations passed by the SC that an AOR cannot merely be a signing authority and file meritless or frivolous petitions. Thus, being an AOR is a balancing act between the needs of the client and the responsibility towards the court, which must be exercised responsibly. It is in fact a privilege.
In your opinion, what are some of the critical skills and qualities necessary for a successful career in dispute resolution and arbitration, especially when handling complex cases involving multiple jurisdictions and legal nuances?
Good question. In my opinion, the first critical quality that is necessary for a successful career as a dispute resolution practitioner is hard-work, hard-work, and hard-work! It is also imperative that no matter how many years of practice have gone by, as a lawyer, one must stay abreast of developments in the legal arena and open to new and challenging ideas. This will greatly facilitate one’s capability to strategize and effectively advise the client. It is also important that one is aware of the changing needs and aspirations of the people of India, the corporate world and the nation as a whole – it will only help in molding one into a lawyer for today and for tomorrow. It is of course also important to have basic ideas about other jurisdictions and build good and reliable contacts with lawyers and experts in varied jurisdictions. The ability to learn fast and on the go is also very critical.
Always remember that dedicated hard-work, perseverance, and good relationships will never steer you astray!
Lastly, what advice would you offer to recent law graduates aspiring to excel in the field of dispute resolution and arbitration, based on your years of experience and expertise?
Borrowing, from what I have said above, broadly I would like to synthesise my advice to law students/recent graduates as follows:
Sustained hard work and regular reading are your most powerful allies, whether you are a fresh entrant into the practice or a seasoned veteran. It is important to carve out the time to stay updated, accordingly.
Stay in touch with your alumni; your mentors; and your peers and seniors at your internships – those who are already practising and take ‘on ground’ practical advice from them.
Further, do not dismiss procedural aspects or courses to the peripheries of your studies. Knowing the ins and outs of CPC is just as important as Constitutional Law or Contracts Law, if not more. Having sound procedural knowledge is vital and will provide for an excellent base/first principles knowledge, when practicing.
Vandana, your journey from college to becoming a prominent figure in corporate law and compliance is truly inspiring. Could you walk us through your college years and share what influenced your decision to pursue a career in this field? Additionally, what were some of the initial challenges you faced when you started your career, and how did you overcome them?
I started working right after class 12 to complete my higher education due to my family crises. I did my higher education through distance learning; it was challenging and not easy as having to work and study together. Also, didn’t have enough guidance, so I took some tutions on subjects that I found difficult over weekends and late hours—still managed to complete the same after so much struggle and hard work. I belong to Ghaziabad a place that was back then known for power cuts that were longer than 12 hrs. a day, I remember studying in candlelight sometimes. I never wanted to be what I am today (wanted to be a journalist back then), my father encouraged me to pursue Company Secretary and that further influenced my decision to have MBA (finance) and LLb degrees in my hand. I am proud of the decision that I took back then to fulfil my father’s wish and thank my parents for always being an encouragement and support system for me.
Congratulations on receiving an honorary doctorate in Law and Governance from California Public University! Could you share with us what this recognition means to you personally, and how it has impacted your career trajectory and aspirations for the future?
This is like a dream come true, I always wanted to have a doctorate and prefix Dr. in front of my name. It was a complete privilege and honour for me to get this Honorary Doctorate from California Public University. This has helped in receiving recognition from many of my peers and seniors.
You currently serve as the Director-Legal & Compliance at Ryan India Tax Services Private Limited. Could you provide us with insights into your day-to-day responsibilities in this role and how you ensure alignment between legal and compliance functions within the company?
I have a big role and responsibility to ensure 100% compliance on all functions in India and that requires regular monitoring and diligence. Further as legal director, my responsibility is to provide legal advice, review legal documents and proactively address to legal risks. I happen to be successful in balancing both roles as I have my own matrix to categorize the matters/tasks.
You’ve navigated through various sectors such as pharma, education, finance, and more. How has this diverse experience influenced your perspective on corporate governance and compliance across different industries?
I have been lucky in working in different sectors which made me understand certain regulations applicable to those sectors like in pharma there is specific drugs and cosmetics acts which is applicable; NBFC have certain Master Directions of RBI that need to be adhered too. This provided an edge to learn those specifics and apply the same in the job.
Your list of achievements and awards is incredibly impressive. Amidst such professional success, what personal values or principles do you hold dear that guide you through your journey?
My personal mantra is to act with integrity and be true to yourself. Keep working hard and smart and believe nothing is impossible.
You’ve been involved in instituting corporate governance frameworks and setting up processes in multiple organizations. What are some common challenges you’ve faced in this process, and how do you overcome them?
Challenges were to go deep dive into the problem areas of non-compliance and making the same complaint. That required going back to the inception of the organization. The developing process was not that challenging but making stakeholders understand the implications and implementation was a tough job.
Your list of achievements and awards is incredibly extensive, ranging from being recognized as one of the “Top 10 Chief Compliance Officers in India” to receiving the “Golden Pinnacle Award” and an Honorary Doctorate. How do you stay grounded amidst such recognition and maintain a humble approach to your work and interactions?
I always believe you should never forget your roots and the hard work that you have put in to achieve them. It’s not only professional but I always believe that even personally a person should stay humble.
As a leader, what qualities do you believe are essential for fostering a positive work culture and inspiring your team to achieve excellence?
As a leader, it is important to give the right directions to the team, and give them space to explore, innovate and learn. It also important for a leader to seek feedback from the team which will build a positive impact and confidence on the team. Give credit and recognition to those deserved in the team and motivate others positively. Be approachable and not bossy.
Beyond your professional achievements, what are some hobbies or interests that bring you joy and fulfillment outside of work? How do you make time for them amidst your busy schedule?
I love reading books (mostly spiritual books) and travelling, I try to squeeze a week travel once or twice in a year.
Given your extensive experience and remarkable achievements, what suggestions or advice would you give to the upcoming generation of professionals looking to enhance their CV and leave a lasting impact in their respective fields
Don’t restrict to work been assigned to you, keep looking for the opportunities within organization where you can grow and provide your value addition. Keep learning as that never stops and compete with yourself. Also, diversify your work horizon.
Your journey from Meerut to becoming an Advocate On Record at the Supreme Court is quite inspiring. Could you share some pivotal moments or challenges you faced during your early years in Delhi, and how you overcame them to establish your practice?
Once you step out of your comfort zone every first thing seems to have its own challenges. However, on the professional front I can say that I decided to take the plunge to the Capital with dreams and hope to make it big, in spite of not having any significant father figure in the field of law. Initially the first question which was required to be answered was from where to start as there was hardly anyone to suggest or guide what are the choices one could make while entering the profession. I made my choice and started with litigation as I had attained little experience while being associated with the chambers of Mr. Ravi Shanker Tyagi for a very brief period in Meerut Bar which was initially very helpful as Courts in Delhi are much more refined in terms of infrastructurally and in other avenues as well.
Your journey as a first-generation lawyer is truly commendable. What were the key principles or values that guided you in your career, especially during the initial stages when the path might have been more challenging?
Yes, being a first generation lawyer is a very difficult choice to make especially when you are in litigation. But all that I can say is don’t ever lose hope, be patient and focus on your work, as there are no shortcuts in this profession, the only way you can accelerate is through your abilities to make hard choices and by burning midnight oil.
Becoming an Advocate On Record involves rigorous training and experience. How was your time with Retd. Justice S.R. Singh shaped your understanding of the legal field, and what key lessons did you carry into your independent practice?
I was fortunate enough to join the Chambers of Retd. Justice S.R Singh ( Retd. Judge from Allahabad High Court) Sr. Advocate in the year 2009. After working with Mr. Singh for almost two years and having gained opulent experience by understanding the nuances and intricacies of legal field along with drafting, filling and everything that the field entails.
One judicious adage told to me by my very veteran Senior was that “ Vakalat is your first wife” if you want to do justice to your profession and I have ever since imbibed this in my practice till date and I am always grateful to all my seniors and colleagues from the chamber and outside the chamber for always guiding me in the profession.
As Ex. Additional Advocate General for the State of H.P., you’ve handled significant cases. Can you share an experience where your role had a meaningful impact on the state’s legal representation, and what insights did you gain from that experience?
It was a very enriching journey while discharging my duties as AAG for state government before the Hon’ble Supreme Court as such opportunities help you bring the best out of you. As while holding such an esteemed office one has to be very candid with all the briefs while representing the State before the Court.
Handling cases involving state entities like the Himachal Road Transport Corporation (HRTC) requires a nuanced understanding of administrative and constitutional law. Could you elaborate on the challenges faced and strategies employed in representing HRTC in various legal matters?
It is always challenging to represent Road Corporation before the Hon’ble Courts as the mostly the matters pertaining to the Corporation is of higher monitory significance be it MACT matters or service matters. What I can say from experience is that you are required to be more updated with the law and recent judgments so that you can provide better assistance to the Hon’ble Court.
Handling criminal matters requires a different set of skills. Can you share an experience from a criminal case you’ve worked on, discussing the complexities involved and the strategies adopted for a successful outcome?
Through my experience in handling criminal matters I must say one should have a very fair understanding of criminal jurisprudence as most of the criminal matters involve personal liberty which is of utmost importance. During my time at bar I have done several criminal trials, appeals but what always challenges me is the stage of cross examination as in my view Cross examination in any criminal matter is the heart and soul of the Trial.
Apart from your legal pursuits, do you have any personal hobbies or interests that you find to be a great source of relaxation or inspiration?
I can say visiting places and spending time with family and friends keeps me motivated other than work.
Coming from a small town like Meerut and making a mark in the legal profession in Delhi is undoubtedly a significant achievement. Could you share some extra efforts or unique strategies you employed in your journey to overcome any perceived challenges or biases associated with being from a smaller town?
Once you make your mark , and in this industry that is possible only when you garner some accomplishments in your name. The bias associated with a small town only remains so long as you let it affect your mental make up. If you are determined enough, the tag of coming from a small town and making it big in the capital only adds to your reputation , which at the same time works as an inspiration for people coming from the same background, and are hesitant in pursuing their goals. My only advice to the budding generation of lawyers is to fight your demons and always be hopeful and take each day as it comes. The road to success may seem endearing but it sure is fruitful at the end.
You emphasize the importance of hard work and dedication in your career. What advice would you give to the current generation of aspiring lawyers to navigate the challenges of the legal profession and build a successful practice?
I can vouch for the fact that hard work is the key “what you are seeking is seeking you”. I make my juniors understand that to be candid with clients and accurate in analysis and strict in study, you will achieve whatever you aim for as there are no shortcuts in this profession.
Having experienced both your own student journey and now interacting with the current generation, what notable differences do you observe in the approach and mindset of today’s law students compared to your time? Are there specific areas where you believe current students could focus on improvement to excel in the legal profession?
The major shift that I witnessed in the mindset of the students in comparison to when I was one, is the availability of resources and better infrastructure that can help them achieve their goals with a lot of help which is easily available, of which there was a dearth during our college days. Accessibility and availability are the major factors that determine the early years in one’s legal career as initially apart from all the teachings done at college level, the practical learning is also very vital if you wish to stay in this field.
Could you please share with us what initially sparked your interest in pursuing a career in law?
I was born and raised in Kolkata, West Bengal. After completing Class 12, I was looking for options other than the traditional courses like B.Com, BBA or pursuing CA. It was then, I chanced upon the integrated 5-year law course and thought of giving it a try. I pursued my graduation B.A. LLB from M.S. Ramaiah College of Law.
In college my interest towards Law grew more, as I was fascinated about Contracts and its various facets which has helped me later in building a career as an Arbitration Lawyer. Till date the nuances of contract fascinate me.
With your diverse experience across various law firms and legal internships, how did those early experiences shape your understanding of the legal profession?
Each internship and each role in my previous law firms taught me a different lesson. As far as my internships are concerned, I was learning the practical aspects of law as practice. Furthermore, during internships, I was more inclined to join in-house or corporate law firms. In my college I was also steer heading the placement committee with my dear batch mates. Being involved in the placement committee, I realised getting through in-house and joining a well known law firm would be difficult. Hence, after finishing college, I went to Delhi, through a friend’s reference I had joined a litigating lawyer practicing before the Supreme Court of India. I still remember my first day at the senior’s office. I was told to go to the Competition Commission of India, where I had the good fortune of observing a high-stake matter between a star cricketer and a sports apparel giant. During my first few weeks as a litigation lawyer, it was tough, as the picture I drew in my mind was of a big office and big pay scale. During this time, I had got an opportunity to join in-house, however, by this time I enjoyed appearing before various Courts and it was then I realised, I want to be a litigating lawyer. During my time as a junior advocate, since I was not local and being a first-generation lawyer, it was difficult to join good chambers/law firms, I used my learning from my placement committee days in college and kept on contacting chambers/law firms, fortunately, I have been able to get through some good chambers in Delhi and worked with a well-known law firm in Delhi. I have learned a lot from my seniors/mentors with whom I have been associated.
During my term as senior associate with a well-known law firm, I was trying to start my own setup. I had consulted a very good friend, who already had her own practice ongoing. She agreed to join me as a partner for opening a law firm. My journey with RG Legal Associates started in 2019 and thereafter we grew in number and we had the good fortune of adding two more partners and then our law firm was rebranded to RG & Kumar LLP. It is always tricky when one starts practicing/runs their own setup, that becomes a different ball game altogether, because, as a professional one becomes answerable to their clients. Especially when stakes are very high in the matter, the entire gamut changes. I have also learned through my seniors. What I am today in the professional field I owe to my mentors under whose mentorship I commenced my professional journey.
Another important aspect I learnt in the formative years of my career is teamwork. It is one of the most crucial yet neglected areas, if properly appreciated teamwork can yield results which have no bounds.
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What motivated you to specialize in areas such as Corporate and Commercial Litigation, Arbitration, and White-Collar Crimes?
I took up all sorts of work that came my way. However, since the start of my career, I have always joined chambers/law firms specialising or have worked in arbitration/commercial litigation. I have been keen in reading materials about Arbitration, I still try to read one judgment on arbitration every day. For my love for the subject, I had completed the Associate level of professional curriculum offered by Chartered Institute of Arbitrators, London. I still plan to complete the remaining curriculum.
For matters in White Collar Crimes, I would have to give credit to my friend Ms. Kinnori Ghosh, Partner, RG & Kumar LLP. She is the one who heads this practice area in our firm and I have learned a lot from her. Whatmore attracted me to White Collar Crimes cases is the commercial angle involved in it. Interestingly, my client base has been more of Commercial litigation and white-collar crimes. Also, the complexities of special acts added as a catalyst to me, to read and find out of the box strategies for my client, which has in turn helped my clients.
We see you’ve represented clients across different forums and even internationally. Can you walk us through a particularly challenging case and how you navigated through it?
There is this case, wherein, the Government of India is requesting the extradition of my Client from London and the extradition proceedings were going on before the Westminster’s Court, UK. We as a team were working remotely round the clock for our client during the COVID-19, we had to work both Indian and UK time as well, as we had conference calls with a law firm based in London. We were opposing our Client’s extradition proceedings. Also, we had to appear as an expert witness in the matter to assist the Magistrate Westminster’s Court, UK in understanding Indian laws. That is one case where my team and myself had to work on dual jurisdictions and work on both UK and Indian timings. Coupled with the fact that extradition in itself is a very critical aspect where a number of technical aspects are to be checked and extensively worked upon.
As a certified Associate Arbitrator and a member of the Young Singapore International Arbitration Centre, what drew you to arbitration, and how has it enriched your legal practice?
Arbitration as a subject always excites me and as the law in arbitration is evolving and the steps taken by the various stakeholders to make it more efficient further adds to my interest. Further, being members of these prestigious institutions, the one advantage that one gets is to attend events and interact with the experts. We as a firm always encourage our partners to attend knowledge sharing events organised by the likes of SIAC.
You’ve been involved in matters related to Money Laundering, Customs, and other White-Collar Crimes. What unique challenges do you face in handling such high-stake cases, and how do you overcome them?
In matters of money laundering, customs and other white-collar crimes, the stakes involved are huge, to share one of such incident, we were assisting one of the companies in customs case, wherein, we as an organisation had to get a stay order from the Jaipur Bench of Rajasthan High Court, failure on our part would have resulted in halting of production of our client, in consequence it would have impacted the production of another listed company of which our client is the exclusive supplier for certain product to that listed company. Overnight we had the writ petition drafted and the same was filed and listed the next day. We were shuttling between Delhi and Jaipur for this specific matter. Our team had strategized the situation so well that we were able to get relief for our client without hampering the production and/or business of our client.
Lastly, considering your journey from law school to becoming a partner at RG & Kumar LLP, what advice would you offer to recent law graduates embarking on their legal careers?
Well, first and foremost, take care of your health, this was the first advice that I had received from my seniors that I have worked with. One can deliver the best if one can take care of his/her health.
Never give up, the worst of situations can turn around the best for you. To share one incident, in one of the matters we were briefed by a lawyer from Kolkata, wherein, our client had lost before the MM Court, Sessions Court, Calcutta High Court and thereafter we had filed SLP for stay of arrest for our client before Supreme Court of India, we had no hope in the matter, as concurrent findings were against our client, to our surprise we were able to get a stay on arrest from the Supreme Court of India.
Always be prepared with your brief, a client is more comfortable with a professional who is well versed with the facts of the case, this will help one to retain the client for a long period and most importantly will help one to get the best results for the client.
One should stay updated with the latest developments of law, one aspect I have learnt from my senior is reading one judgment a day. It helps you give a boost to your knowledge and also helps you stay confident in representing your clients or appearing for an interview.
Further, a lawyer should always socialise and should always meet people not only from the legal fraternity but also from people from different industries.
Can you share insights into your journey from college to becoming the Founder and Partner at KIAA, LLP? What were the pivotal moments or experiences that shaped your decision to establish your own firm?
Like every law student, I too have had my share of carefree days in college but as I progressed into senior years, the zeal of doing something started to kick in. In the early year of 2011, after the completion of our law degrees, the members of KIAA LLP (as they are today) found themselves taking divergent paths in the legal profession. Some ventured into roles as in-house counsels for corporations, while others worked with seniors in the field, gaining valuable exposure and experience. However, as we navigated our journeys, it became evident that establishing one’s presence in the legal field required more than just exposure. While working with seasoned professionals sure helped us create a space for our own in the industry, the opportunities that we had created for ourselves in that space needed to be tapped in time.
Realizing this, I engaged in discussions with like-minded colleagues, Ankur and Chayan, who shared similar perspectives on the importance of creating a niche for ourselves in the legal arena.
Fortuitously, our discussions culminated in a collective decision to join forces and establish KIAA LLP in early 2012. This marked the inception of our law firm, where we aimed not only to leverage our individual experiences but also to pool our strengths and work collaboratively. The firm was founded on the belief that client satisfaction using correct knowledge, providing the right information, and ensuring accessibility of service to our clients even if located in the remotest part of the country. Hence, that got us a name for our perspective, KIAA LLP- Knowledge Information Access Associates Limited Liability Partnership.
Given your involvement in pro bono services for organizations like Malala Funds and Trust Law, how do you balance commercial legal work with contributing to social causes?
So, it’s not about balancing at all. It’s about aligning your principles of life with your work, and what is a man without principles?
I was born and raised in a Sikh Family with the teachings of the Gurus. I want to take this opportunity to refer to a verse from Shri Guru Granth Sahib Ji which has immortalized words of Guru Nanak Dev Ji – “One who works for what he eats, and gives some of what he has in charity, O Nanak, he knows the path to fulfilment.” Taking inspiration from which, we have always been inculcated with a habit of doing ‘Sewa’ which can be either through ਮਨ, ਧਨ (tan (physical service), man (mental/emotional service), or dhan (financial support)).
My intention of working for social causes has always been that of giving something back to society in terms of my time and efforts. So, I utilise my knowledge and expertise to earn my livelihood through commercial matters, and I consider myself privileged to be able to utilise some of it for a social cause.
KIAA, LLP has received numerous awards and recognitions. What do you attribute the success of the firm to, and what sets it apart in the legal landscape?
I attribute the success of the firm to my team- my co-founders, associates and every other member of our staff who do not hesitate to work around the clock if need be. It is also about the work culture at KIAA LLP that we have all built through the years. I have always said that we measure our success not by trophies, awards or cheques but by ‘Client Satisfaction’. I think, our ‘Client First’ attitude is our USP!
You’re a member of various legal associations and clubs. How has being part of these networks enriched your professional life and influenced your perspectives on law?
To be very honest, networking is very important in our profession and being part of the legal associations and clubs is a great way to socialise and build a meaningful network. I have benefited greatly from it, not only because I met many of my prospective clients through these clubs but I met people from various walks of life including law, seniors & juniors having different experiences.
These kinds of experiences widen your horizons as a lawyer. The job of the lawyer is to understand the perspective of his client, and the Court both. We all know how dynamic and subjective human nature is. Being a part of these clubs helps you enhance the emotional quotient- the greatest asset of our profession!
You’ve served as the Central Government Counsel at the Delhi High Court. Could you shed some light on your role during that time and share any experiences or cases that left a lasting impact on your professional journey?
Certainly! I was pleased to be appointed as Government Pleader in the year 2012, and I remained on the list of empanelled lawyers with the Central Government Litigation branch at the Delhi High Court until 2017-18.
This six-year period was most significant in shaping my professional journey. It exposed me to the intricacies of handling multi-faceted and high-stakes government matters.
One of the distinctive aspects of appearing on behalf of the government is the sense of responsibility and accountability because your actions and advice can have a direct impact on the general public. It goes beyond individual client representation, as you are entrusted with safeguarding the interests of the larger public and the government as a whole. That’s the combination of power & responsibility that a government counsel bears on his head.
A set of experiences that seemed cumbersome to my 10-year younger self but had the most impact on my professional journey was the manual filing process prevalent at the time. Unlike today’s E-filing systems, we used to stand in queues before filing counters with strict deadlines to meet. This hands-on experience taught me the importance of time management, meticulous preparation, and adherence to court procedures.
Now, the agility and clarity with which a court case needs to be handled comes as a second nature to me. I guess, now I truly understand the meaning of this phrase “The more you sweat in peace, the less you bleed in war.”
Can you tell us a bit about the talented team at KIAA, LLP? How do you nurture and support your team members, and can you give us an idea of the size of your team or the number of interns involved in the firm’s operations?
First things first, I think every person at KIAA, LLP knows their job well and my co-founders & I give our Associates a free hand to conduct the matters. Of course, we discuss each proposition together and work on possible solutions but flexibility is the key.
We believe people can work better if they are not micromanaged. We allow them to work freely while standing strong and tall as their support should the need arise. We are a happy, hardworking and fun-loving bunch of about 15-17 people including our clerical staff.
You’ve expanded KIAA, LLP into a multi-service law firm. What inspired this diversification, how do you ensure the team provides practical legal solutions to clients?
I’d rather say, WE have expanded KIAA, LLP into a multi-service law firm. Naturally, when we started the firm, we were a boutique firm working only on the matters that our clients got to us. Over time we realised that most of our clients (largely business & commercial houses) face similar problems, and we thought why not have an end-to-end solution for all these problems starting from compliance to representation in appropriate forums?
That’s how we undertook expansion and diversification. Just as Rome wasn’t built in a day, we also took our time, took one department, one specialisation at a time. Categorised various departments and hired associates having specialised knowledge in that department. KIAA, LLP as you see today is years of hard work, late nights, early mornings, sweat & blood.
We have only one mantra of providing legal solutions to our clients- WE PUT OUR BEST PERSON ON THE JOB!
In addition to your legal expertise, you’ve delved into blockchain and cryptocurrency, as seen in your certification from Berkeley Law. How do you see emerging technologies influencing the legal landscape, and how is KIAA, LLP adapting to these changes?
Well, the emerging technologies can influence the legal landscape in many ways or they have already started influencing the system, I’d rather say. With Smart Contracts, Live Streaming of court hearings, E-Filings, E-tokens etc. It would come as no surprise when there will be an official cryptocurrency being used as legal tender! Maybe there will be dedicated law firms for Crypto Law Practice in the future, who knows!? The possibilities are endless!
We are talking about two things that are highly dynamic- Law & Tech! An impact on one industry will definitely impact the other.
Outside of your busy legal career, can you share a personal interest or hobby that might surprise our readers and provide a different dimension to your personality?
I love travelling! I find immense joy in exploring new places and immersing myself in different cultures. It’s not just about leisure; I often plan my trips strategically, making the most of the court summer vacations to indulge in this personal interest. Whether it’s a serene beach destination, a historic city, or a picturesque mountain retreat, I appreciate the diversity our world offers, and I make it a point to experience it firsthand. It helps me unwind, gain fresh perspectives, and recharge for the challenges of the profession.
Another hobby that adds a different dimension to my personality is playing golf. I find solace in the greens, it helps me strike a perfect balance between relaxation and skill, offering me a chance to clear my mind while engaging in a sport that requires focus and precision.
Not many would know but I am also an avid collector of watches and antiques. I appreciate art & craftsmanship. Each watch or antique item tells a unique story, and helps me travel in the era bygone!
Having navigated through diverse legal challenges, is there a piece of advice or a valuable lesson from your career that you would like to share with the upcoming generation of legal professionals as they embark on their journeys in the legal field?
I would say to my young colleagues & fellow persons: – Dream, Work & Live! Dream big so that you work hard to achieve the life you want but, in the meantime, don’t forget to live. That would mean allowing yourself to make mistakes, they would teach you lessons no law school and mentor can teach. Keep moving and be positive about your work because like a wise man said-
‘A pessimist makes nothing not even a mistake!’.
It would be most appropriate to end this conversation with a saying of Steve Winwood, “The finer things I feel in me, the golden dance life could be.”
Can you share your journey from practicing law in India to your current role as a Legal Advisor for the Magistrates in the UK’s Ministry of Justice?
To begin with, I did my B.A.L. LL.B. , five years integrated course from University Law College, Bangalore University. In October 2010, I was called to the bar after completing my All India Bar exam and immediately after being called to the bar at the Karnataka State Bar Council, I started practicing. I started practicing under a senior and my main practice area involved insurance, banking, domestic arbitration, and other civil matters. Along with this, I also used to practice before the Debt Recovery Tribunal.
After practicing for over four years in Bangalore, I moved to London to do my Master of Laws post-graduation from City University, London. My areas of specialization were Alternate Dispute Resolution and Civil Litigation in reference to the UK law. I completed my post-graduation in 2015 and my final dissertation as part of the course was about International Investment Treaty Arbitration. After this, I had to move back to India because of Brexit issues and I joined a startup company in Bangalore as a legal counsel. After working there for less than a period of six months, I joined Tatva Legal Bangalore as an associate in their litigation team. Working at Tatva Legal gave me a wide exposure to the other fields of law namely Corporate Law, Corporate Litigation and International Commercial Arbitration. In 2016, the New Companies Act and Insolvency & Bankruptcy Code were passed in India and as a result the National Company Law Tribunal were established. I started practicing before the NCLT for a period of two years.
In 2019, I got an opportunity to work with the Financial Ombudsman Service, London as an investigator/ adjudicator. This role gave me an opportunity to resolve disputes in a quasi-judicial setting. I had to take a small break during the COVID lockdown to attend to my personal work.
In 2022, I started applying for Civil Service roles in the UK. Civil service recruitment in the UK is based on open competitive examinations.
These posts are advertised and applications are invited from eligible candidates, preferably candidates with law degree or experience in a common law jurisdiction. In August 2022, I cleared my competitive examinations and I was appointed as a Crown Court Advisor/ Clerk. I was mainly responsible for most of the administrative and procedural functions of running the Crown Courts. I got a very good opportunity to understand the criminal justice system in the UK. After having worked for one and a half years in this role, I got an opportunity to be promoted through an internal campaign and after having cleared my interview and other written tasks, I was appointed as a Legal Advisor for the Magistrates in the East London local justice area. I have been working in this role for the last two months.
How did your experience in litigation, merger & acquisition, insurance, and international arbitration prepare you for your role as a legal advisor at His Majesty’s Court & Tribunal Service?
As we all know, India is a common law jurisdiction, and this acted as an advantage for me. My litigation experience in India gave me all the understanding and the tools required regarding the court procedures. Because of this experience, I wasn’t a stranger to the legal system in the UK, even though there are a few procedural and other administrative differences between the two countries, the overall legal system is very identical. Because of this, I was able to understand, implement and do my best in the roles that I have been performing in the UK till now.
My litigation experience in India helped me in clearing my Bar exam in England and Wales, and also in my applications, written tasks and interviews for the legal positions that I applied for in the UK.
My experience in the field of insurance was advantageous when I worked at the Financial Ombudsman Service. My main responsibility at the Financial Ombudsman Service was to deal with insurance, banking and pensions disputes between the customers and the businesses. Having practiced insurance law for a period in India, it was easy for me to understand the concept, the difficulties and the nature of cases that were brought to the Financial Ombudsman Service for investigators or adjudicators like me to resolve. My experience in the field of domestic or international arbitration helped me in almost all the roles that I have been performing till now.
What inspired you to pursue a Master of Laws in Civil Litigation & Dispute Resolution at The City University, London, after practicing law in India?
In the year 2010, when I graduated with my law degree, it was sort of a practice for every other law graduate to go abroad to pursue Masters. I have had a few friends who went to the UK, the US, Australia and other places to pursue their masters. I had an opportunity to speak with them about their experiences, their expectations, and the advantageous position that they were in when they returned to India.
In my experience and understanding it is a bit important for any legal professional to have a specialization in one or more fields of law and I was very keen on specializing in at least one field of law which could give me an advantage over other candidates when it comes to the job market and this was one of the reasons why I decided to pursue my Masters.
However, I was not sure about which field of law I wanted to specialise in. Initially I started my practice in insurance and banking law, then moved on to property law, then moved on to other fields of law. I wanted to make sure that I understood which field of law I would like to specialise. This could have been possible only by my own experience and work rather than anyone’s advice. After four years of practice, I realised that alternative dispute resolution was my field of interest and that is the field in which I would prefer to specialise in.
How has being dual-qualified as a Barrister in India and England & Wales influenced your legal career and approach to practicing law?
It was always my aim or dream to qualify as a Barrister in England and Wales. Also, being a person interested in history and having read about many well-known jurists, freedom fighters and other people who have been in some of the very responsible positions, I realised that most of them were Barristers. I’ve heard the argument that it doesn’t require a qualification for a person to do great things. However, in my view, I was always interested in belonging to the list of people from India who are qualified as Barristers in England & Wales. Being a dual qualified Barrister does have its own advantages. I get to practice or work in two jurisdictions. It is also a very prestigious and respected profession in both the countries. I have had the opportunity of practicing before the courts in India and working in the courts in the UK. I believe this dual qualification has allowed me to work as I always wanted to. The dual qualification has also given me the advantageous position when it comes to applying for various positions or for my professional growth.
Could you elaborate on your experience as an Investigator and Adjudicator at the Financial Ombudsman Service in London and how it shaped your understanding of dispute resolution?
The Financial Ombudsman Service (FOS) is a service which resolves disputes between the businesses and the consumers without having the customers go to the courts. The legal system or the court system in the UK is very expensive when compared to that in India. This is one of the reasons why consumers or common people would like to bring their issues to FOS to be addressed. FOS deals with almost all types of commercial and business disputes including insurance, pensions, banking, credit, frauds and scams etc.
The role of an investigator or an adjudicator is to listen to both the parties, be impartial, unbiased and decide in the favor of the party which is right. This could involve penalizing the business or asking the business to do something that they are expected to do. I had the opportunity of working and resolving disputes in the insurance and banking team. I had the opportunity to resolve disputes in the Insurance, Banking and Pensions team. This gave me an opportunity to understand the various requirements, the way of interpretation of the law and drafting judgements. It also gave me an opportunity to speak with experts in the field of law and business to enable me to decide the disputes. Further, it gave me an opportunity to understand the quasi-judicial setup in the UK and the procedure for parties to go to the courts or tribunals to resolve their disputes. This role prepared me for applying to other legal based positions.
What unique challenges have you encountered while advising lay Magistrates on legal matters and procedural issues at His Majesty’s Court & Tribunal Service?
Magistrates in the UK are also known as Justices of Peace. They are individuals from all walks of life who are passionate about making a difference in their local communities. This role is a volunteer role. Magistrates are people from all walks of life, usually with no legal qualification or training. The legal advisor sits with the magistrates in the courtroom to advise them on the legal procedures and the rule of law.
No two days are the same for a legal advisor as it depends on the experience of the magistrates, the type of cases and the number of cases that are heard. As a legal advisor, we are expected to not only know the law, procedure but also the facts, recent developments in the field of law, recent judgments that might affect a particular case.
The legal advisors are in a unique position as a lawyer. They are not fighting a case from a particular side, but instead looking at the law itself and ensuring it is applied in the correct way. A legal advisor acts with a judge’s hat on rather than as a stereotypical lawyer. This role places me at the heart of the criminal justice system. It is not only about advising the magistrate, but also assisting the parties who are unrepresented.
As someone deeply involved in both Indian and UK legal systems, what differences have you observed in the legal cultures and practices between the two jurisdictions?
India is a mix of common law and civil law however, mostly adheres to the common law principle just like the UK. The judicial system in India is highly influenced by that of the British system which was framed and practiced pre-independence. The system is very identical and as such is not difficult for an experienced lawyer to understand.
Some of the differences that I could point out between India and the UK legal systems are the volume of cases (due to population), the time in disposing of the cases, the police system, and the working of various other departments that are involved in the administration of justice.
The major difference is that administration of Indian courts is managed by the judiciary themselves. However, in the UK it is managed by the organization which I’m part of called His Majesty’s Court and Tribunal Service (HMCTS).
The practice and procedures are very identical, the court language used are very similar, the civil procedure, criminal procedure, admissibility of evidence are all very identical as well.
Overall, the Indian and the UK legal system are identical and they’re also complementary to one another.
Lastly, what advice would you give to recent law graduates aspiring to pursue a career in litigation, arbitration, or judiciary, considering your diverse experiences in the legal field?
I do not consider myself to have the experience to advise law students, however being a first-generation lawyer in my family, I had very little advice when I wanted to choose law as a career. This resulted in me waiting for a number of years before I could understand and decide what and how to do things. As such, I am keen on advising law students, especially first-generation lawyers who do not have much exposure or understanding about this profession.
As said, the legal profession is a noble profession. One must have a lot of patience to survive and to do well in this profession. It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream. Majority of my professional dreams have been fulfilled as I speak. My next and my aim is to enter the Judiciary which in my view will happen in the next few years.
Believe in yourself, work hard as there is no substitute for hard work and get the right advice from the right people.
Career in law need not have to be restricted to civil or criminal practice; there are various fields of law that one can excel in. Make the right choice, take your time, get the right advice and follow your dreams.
Sir, could you please share your journey of how you ended up becoming an Advocate-on-Record at the Supreme Court of India and a Principal Associate at Dua Associates? What motivated you to pursue a career in law?
The starting point of my journey with law was a matter of chance. During my school days I never imagined myself studying law, however, when I look back today, I think that joining law school was one of the best decisions which I took. I got through Gujarat National Law School, Gandhinagar in the year 2005 and started my journey in the profession in the year 2010 under the able guidance of Ratan Kumar Singh, Senior Advocate. Thereafter, I joined Kapil Sapra & Associates in the year 2012 where I dealt with multifarious works. Being a small set up, work was of different kinds, and the exposure there helped me understand the finer nuances of corporate commercial laws. In the year 2016, I joined Lakshmikumaran & Sridharan, where I dealt with high stake arbitration matters amongst others. Therefore, the exposure at this firm was of a completely different nature. In the year 2020, I joined Dua Associates as a principal associate and continue to work in this firm. I firmly believe that one must keep upgrading his skill sets to be relevant in the legal field. This belief led me to write Advocate-on-Record examinations and I cleared the same in my first attempt. I have enjoyed and learned immensely from different stints in the legal profession.
With a specialization in commercial/civil litigation, insolvency laws, and alternate dispute resolution, can you discuss a particularly challenging or significant case you’ve worked on? What lessons did you learn from that experience?
Every case presents a different set of challenges. Therefore, as a lawyer one must understand each case of its merits and treat the same accordingly. I started my practice with a strong foundation of civil, commercial and arbitration laws, which has helped me in dealing with other laws as well. With the advent of insolvency laws, the options available with the parties have increased manifold. Therefore, the first challenge which a lawyer faces today is to decide the right course of action in the given facts and circumstances. Whilst I have worked on various cases which have been challenging or significant, I have been recently involved in a matter before the National Company Law Tribunal, where I represented the financial creditor, in an application filed by the homebuyers, seeking to commence insolvency proceedings against a real estate developer, to which the financial creditor had lent money. Whilst the law is fairly settled, and in case the homebuyers meet the threshold and there is a default, insolvency proceedings should be commenced. However, I argued that the tribunal should not act mechanically and should see the financial health of the company, in addition to the intent behind the filing of the application by the homebuyers which can be fraudulent. I also argued that the interest of homebuyers who are not before the tribunal should also be considered before arriving at a final decision. The tribunal is yet to pass an order, however, this is significant because law is all about being creative within the realm of judicial precedents and legal principles.
As someone who appears regularly before various courts and tribunals, can you shed light on the dynamics of practicing law in different forums? How does your approach differ when dealing with cases in the Supreme Court compared to other fora?
Every forum presents a different set of challenges, and a lawyer should be flexible to deal with such challenges in case one intends to practice before a different forum. By flexibility I mean adapting to the situation at hand. A lawyer who regularly appears before a district court has a particular way of dealing with the cases, however, the same may not be applicable with higher forums. Similarly, a lawyer who practices before the higher forums, will find it difficult to practice before the district courts. That’s why a lot of lawyers choose forums and stick to it. My approach is different because I have been associated mostly with chambers and firms. I started with district courts, tribunals and gradually shifted to high courts and supreme courts, and therefore had the benefit of knowing finer nuances of various courts practice. The best approach according to me is to stick to the basics, i.e., mastery over facts, reliefs sought and an understanding of the forum where the matter is listed.
Given your extensive experience in handling commercial disputes and arbitration matters, both domestic and international, could you highlight some key trends or changes you’ve observed in the legal landscape over the years?
The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization. In addition, the legal profession is also moving towards a multidisciplinary approach, where there is an integration of legal services with other disciplines, such as technology, finance, and business. The areas which have seen significant change include information technology related laws, cyber laws, environmental law, arbitration law etc. In order to cater to the evolving laws and changing trends, a legal professional is required to be updated and focus on specialization.
Having dealt with cases across diverse sectors such as Oil & Gas, Infrastructure, Telecom & IT, Banking & Finance, etc., how do you stay updated on the intricacies of different industries? How important is industry-specific knowledge in your field?
It’s very essential for a lawyer to be updated with latest legal developments and changes, especially in the areas in which he/she works. The way in which I stay up to date is by regularly reading legal updates online and offline. These days there are various newsletters being issued by firms, organisation which contains useful industry specific updates. In addition, I also attend to webinars and conferences, whenever the time permits in order to stay updated. Industry-specific knowledge is very essential in my areas of practice since different industries have different styles of operation. For example, a banking and finance industry has a different style of operation if one compares the same with an oil and gas industry. Therefore, it becomes imperative for a legal professional to deal with every industry after understanding and analysing the basic difference. Once there is a clarity on the basics, one can deal with the issue at hand with ease.
What role does advisory work play in your practice? Can you share an instance where your advice made a significant impact on a client’s case or decision-making process?
Advisory assumes a great importance in my practice areas. Advisory does not only mean a written/oral legal advice, but it includes the day to day dealing with clients, and answering the queries, and extending support to them in the usual course as and when required. One of the opinions which according to me made a significant impact on a client’s case or decision-making process, relates to an analysis of attachment orders issued by district collector, pursuant to the recovery certificates issued by National Consumer Disputes Redressal Commission, and suggesting the future course of action. Pursuant to our thorough analysis and opinion, the attachment orders were quashed and the same was a big relief for the clients.
With over 13 years of experience in the legal field, what advice would you give to fresh graduates aspiring to pursue a career in law, considering the evolving nature of the legal profession? What qualities or skills do you believe are crucial for success in this field?
My advice to a fresh graduate aspiring to pursue a career in law is to focus on the basics first. One can excel in the field and do specialization only if the base is strong. Secondly one has to be humble and have a humane approach. The legal profession is a noble profession wherein we have to deal with various human beings on a daily basis, therefore being humble is very essential. In addition, being sincere and meticulous also helps a lawyer in the long run. Also, having a commercial bent of mind is also important for a lawyer, especially for lawyers who deal with commercial disputes, arbitration, insolvency, corporate laws, and others. Constant upgradation of skill set is also required for a lawyer who wants to succeed in the legal profession. Lastly, one must be solution oriented and should have clarity of thought. This can only come through continuous learning and adapting to the situation at hand.
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