Category: Supreme Court

  • “To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter.” – Nishank Tyagi, Advocate on Record at Supreme Court of India.

    “To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter.” – Nishank Tyagi, Advocate on Record at Supreme Court of India.

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

    Being an AOR today with nearly a decade of experience, what initially motivated you to pursue law as a career? Was there a defining factor that guided this decision?

    If I was to sum up my decision to opt for law, I would say that I was running away from engineering and landed up at law school. Law was not the obvious choice for me initially. I was a science student in school and my parents wanted me to prepare for competitive exams and pursue engineering as engineering was the obvious choice for all science students, however, very early on in 11th standard in school, I realized that it was not my cup of tea. I wanted more than just a simple 9 to 5 desk job. I wanted a career which would make me look forward to work everyday and also give me an opportunity to serve the society and that is how law, especially litigation became the obvious choice for me.

    In your early years, you worked with various lawyers and law firms. What were some of the experiences that laid the foundation for your practice, and how did you deepen your understanding of law during that period?

    I consider myself extremely fortunate to have worked with some of the greatest minds in the field of litigation very early on in my career. After completing law, my focus was to learn the complexities of litigation and understand the world of Trial Courts. I had initially joined the chamber of Mr. Ratan. Kumar Singh, Senior Advocate where I learned about arbitration and commercial litigation which was an enriching experience. Later, I joined BAV Partners where I got to work with Mr. Vibhor Garg, whom I deeply regard as he gave me ample opportunities to appear before various courts in Delhi. Mr. Garg encouraged me to argue matters independently and to cross examine witnesses whenever required which honestly laid down the foundation of the litigator that I am today. I also worked at a prestigious law firm like Dentons Link Legal where I saw the more organized and structured side of litigation and arbitration and handled some high-stake matters under the guidance of Mr. Atul Sharma and Mr. Ravi Varma who are both luminaries of the legal fraternity. 

    What challenges did you face being a first-generation lawyer?

    Just like any other profession, litigation also has its share of challenges and being a first-generation lawyer sometimes puts that extra burden on your shoulders, however, I am a firm believer that first generation lawyers should stay away from these negative debates of “insider-outsider”. Thinking too much on these lines will put you in a negative loop and divert your focus from important things. Rather than focusing on other people’s plate, one should put their head down and focus on improving core skills that a litigator requires. At the end of the day consistency and hard work can beat any kind of legacy.

    After almost five years in the legal industry, you took the step of establishing your own practice with Adel Legal. What inspired this decision, and what initial hurdles did you face in setting up your firm?

    From day one of me joining litigation, I was absolutely clear that someday I will set up my independent practice/firm. Though it always confused me as to what should be the timing of going independent and how much experience would be enough to go independent. Later, I realised that there is no straight jacket formula to this and everyone has their own circumstances. I knew that as I progressed in the world of law firms, both remuneration and responsibilities would increase but my risk-taking capacity would decrease. Hence, I thought the sooner the better for me and decided to take this calculated risk of going independent with just 5 years of experience.

    Having represented a wide range of clients, including banks, government entities, and foreign corporations before diverse judicial forums, what do you consider the most critical skills a litigator must develop to handle such varied cases effectively?

    To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter. Analytical & Strategic Thinking, Oral & Written Advocacy, Interpersonal & Negotiation Skills are important to name a few. A litigator must have a good sense of judgment and he must know when to push aggressively versus when to negotiate or settle. Also, litigation is adversarial and often high-stress. The ability to maintain focus, motivation, and composure through long, contentious cases is essential.

    With your experience in arbitrations under international institutions such as ICC, SIAC, and LCIA, how do you see the role of international arbitration evolving for Indian practitioners and clients in the coming years?

    I am extremely positive about the role of international arbitration evolving for Indian practitioners and clients in the coming years. Practitioners need to stay abreast of legislative reforms, institutional rules changes, and emerging jurisprudence. Indian parties are very active users of foreign arbitration institutions for international contracts. At the same time, there is increased demand for India‑seated or Indian institutions to handle international arbitrations, which reflects growing trust in domestic institutions. The Supreme Court and High Courts have increasingly issued pro‑arbitration judgments, pushing back against unnecessary judicial interference in arbitral awards, enforcing foreign awards.

    Having represented the Government of Delhi before the Delhi High Court, what has been one of the most challenging cases in your practice, and how did you approach and handle it?

    Handling Government litigation often involves chasing various departments, officials and civil servants for the required instructions, which is an additional challenge. I had recently worked on a case where government land worth hundreds of crores right in the heart of south Delhi had been encroached upon and even sale deeds were executed which were used to claim title over the said land leading to loss of revenue for government authorities. However, with the correct strategy and timely instructions, we were successfully able to defend the possession of the government authorities over the said land. 

    How has been your experience of working as Jail Visiting Advocate with the Delhi High Court Legal Services Committee?

    I got empanelled as a Jail Visiting Advocate with the Delhi High Court Legal Services Committee in the year 2022. I visit various jails in Delhi every week and interact with prisoners to know their grievances and ensure that they get the required legal help and adequate representation before the High Court of Delhi and Supreme Court of India. I file bail applications for under trial prisoners and file appeals on behalf of inmates who have been convicted by trial courts. I have closely experienced the working of jails and have tried to contribute in making lives better for the prisoners. Overall, it has been one of the most satisfying experiences of my career.

    What resources or methods do you rely on to stay updated with the latest legal developments, and what advice would you give to students aspiring to enter litigation? What habits should they build early in their careers?

    One doesn’t need subscriptions of any legal database or fancy website to stay updated on legal issues. The website of the Hon’ble Supreme Court and various High Courts are good enough to keep you updated about the latest judgments and legal trends. But one must develop the habit of reading.

    I consider myself a student of law and still learn from my mistakes, so I am not sure what advice I can offer but I can list down couple of mistakes I made in my career and would request my young friends joining litigation to avoid the same if possible:

    • Not doing enough internships with litigators and Judges.
    • Not networking enough from the very beginning.

    I learnt it the hard way but the above mistakes can be avoided. Be Patient: Litigation takes time to pay off.

    Becoming an AOR is a significant achievement. Could you share your journey towards this milestone and the responsibilities it brings to your role?

    The Supreme Court of India conducts the AOR examination every year and the syllabus and study material can be found on the Supreme Court’s website. Preparation for the AOR exam was a learning curve, however, since I had been in practice for many years, that experience along with a solid strategy helped me sail through in my first attempt. Becoming an AOR and representing clients before the Supreme Court of India is a matter of great pride for me, but it does come with its share of responsibilities. The Supreme Court Rules and various landmark judgments of the Apex Court define the duties and responsibilities of an Advocate on Record. The Supreme Court only recognises AORs for the purposes of filing and an AOR can be held accountable for anything filed under his name and signature. But the biggest perk is that you get to file cases and represent clients from all parts of the country before the highest court of the land.

    Balancing multiple responsibilities as an AOR and as the founder of your own firm can be demanding. How do you manage to strike a balance between professional commitments and personal life?

    This is one challenge almost all litigators face in their lives, however, with effective time management one can easily wrap up work in reasonable working hours. I personally believe in putting in effective working hours and leaving office by 7pm and encourage associates at our firm to do the same. Unfortunately, at a lot of law firms working till late hours has become the new trend. I personally do not support or encourage that working style. Even in high-pressure environments, one should try to maintain core working hours and stick to them. Dinners with family, workouts, or personal hobbies should be treated as non-negotiable meetings.

    Get in touch with Nishank Tyagi –

  • “The responsibility of being an AOR is immense as you’re a bridge between the Registry and the Hon’ble Judges, not just in argument, but in procedure.” – Udian Sharma, Advocate-on-Record at the Supreme Court of India.

    “The responsibility of being an AOR is immense as you’re a bridge between the Registry and the Hon’ble Judges, not just in argument, but in procedure.” – Udian Sharma, Advocate-on-Record at the Supreme Court of India.

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

    Coming from a background in Science from Hindu College, University of Delhi, what inspired you to pursue a career in law? How has your technical background  influenced your approach to complex commercial or infrastructure disputes? 

    As a first-generation lawyer, I often say that I did not choose law, law chose me. Growing  up, I was deeply influenced by my grandfather, who fought legal battles for decades to  protect our ancestral land. His relentless perseverance, even against an unresponsive  system, left a profound impact on me. By the time I graduated in Science from Hindu  College, I had already seen how the law could be both an obstacle and a tool for justice.  

    My scientific training gave me a structured way of thinking. In Science, you learn to  analyze problems by breaking them down into fundamentals. That has greatly helped me  in disputes involving infrastructure and complex commercial contracts, where one must go  through technical details like engineering reports, financial data, regulatory compliances,  and present them in a manner that is both legally persuasive and technically accurate. It  allows me to approach my cases not just as a lawyer, but as someone trained to understand  the “nuts and bolts” of technical issues. 

    It has been an interesting journey, from solving arithmetic problems and arriving at ‘LHS  = RHS’ to addressing complex questions of law and concluding with ‘Hence, this SLP’. 

    In the early stages of your career, you worked with various senior judges and  advocates. How did these experiences shape your approach, and which lessons from  that time have had a lasting impact on your professional philosophy? 

    I had the privilege of clerking with Justice A.K. Sikri at the Supreme Court and Justice Siddharth Mridul at the Delhi High Court. Observing them up close taught me two  invaluable lessons: the importance of clarity, and the importance of compassion. Justice  Sikri had an extraordinary ability to simplify the most complex constitutional questions,  and Justice Mridul always emphasized the human element in adjudication. 

    Later, when I began working with senior advocates and counsels at the Supreme Court, I saw how preparation and integrity defined good lawyering. One lasting lesson I carry is that courts are not swayed by theatrics- they are swayed by sincerity and substance. These  experiences shaped my professional philosophy, that law is not just about winning cases, but about ensuring justice is meaningfully served. 

    What motivated you to establish an independent practice, and what hurdles did  you face while launching your chambers during COVID? How did you overcome  them, and what was your vision for the practice? 

    The decision was born partly out of necessity and partly out of conviction. During COVID, the legal profession itself came to a halt. Many colleagues struggled, and I realized that if I wanted to carry forward my vision of a client-centric and socially conscious practice, I  had to build something of my own. 

    I started my chambers quite literally from one room in my home (with immense gratitude  to my parents who allowed me to turn it into an office) with files stacked in the boot of my car. The hurdles were immense, no physical hearings, clients uncertain about the future, and the financial strain of running an independent practice in such times. But adversity also  brought clarity. I invested in technology, conducted virtual hearings, and slowly built a  team that shared the same values of hard work and service. My vision was, and remains to create a Chambers that combines courtroom advocacy with policy thinking, and where  every matter, whether commercial or public interest, is handled with the same dedication. 

    You have handled complex commercial disputes and arbitration, including cross border infrastructure matters and international arbitration, across areas such as  employment law and customs law. Can you share some major challenges you faced in  a complex arbitration case and the unique difficulties it presented? 

    One of the most challenging arbitrations I handled involved a cross-border infrastructure project. The difficulty lay not just in the scale, but in the diversity of the issues, technical  construction delays, regulatory clearances, and overlapping jurisdictional laws. 

    The unique challenge was coordinating with multiple stakeholders, engineers, financial  experts, and foreign legal teams, while presenting a coherent case before an arbitral tribunal presided over by a retired Supreme Court judge. It taught me that arbitration advocacy  requires more than just legal arguments, it demands the ability to understand complex  technical data into a persuasive legal narrative. 

    You have demonstrated a commitment to advancing legal discourse and  contributing to scholarly debate. How do you balance active practice with legal  writing and academic contributions? 

    For me, writing is not separate from practice, it is complementary. Courtroom advocacy is about the urgency of the present; academic writing is about reflecting on the future. Balancing both is difficult, but I make time because writing forces me to step back and  critically examine the jurisprudence I am part of. Recently, I have also begun teaching law  to students and interns- a pursuit I deeply enjoy, as it allows me to give back to the fraternity  while shaping the next generation of lawyers. 

    During the pandemic, for instance, I wrote extensively on the importance of impartiality in arbitrations and timelines in insolvency laws. These writings later informed some of the  arguments I made in court. In a way, legal writing sharpens my practice, and practice keeps  my writing, whether it’s articles, blogs, or pleadings, grounded in reality. 

    Clearing the Advocate-on-Record exam on the first attempt is a remarkable  achievement. What were your preparation strategies, and what primary  responsibilities come with being an AOR? 

    The AOR exam is as much about discipline as it is about knowledge. I prepared with the  belief that procedural law is the backbone of effective litigation. My strategy was simple:  treat every question as a live brief. I wrote my answers as if I were filing in court or briefing  a Senior Advocate. That practical approach helped me clear the exam on the first attempt. 

    The responsibility of being an AOR is immense. You are the face of your client before the Supreme Court and a bridge between the Registry and the Hon’ble Judges, not just in  argument, but in procedure. You are responsible for ensuring filings are correct, deadlines are met, pleadings are true and that clients receive the highest level of professional care.  It’s a trust that must never be broken. 

    How has the arbitration landscape in India evolved over the last decade? With the  advent of technology, what changes do you see in Supreme Court litigation strategies  post-COVID? 

    Over the last decade, arbitration in India has been projected as having matured from an  ‘alternative’ mechanism to the preferred mode for commercial disputes, with a legal framework aligning with international standards.  

    However, the ground reality is far more complex. Arbitration has, in practice, become less  formal, yet more vulnerable to judicial intervention at almost every stage. In one matter I argued before the Supreme Court, the Arbitral Tribunal, the Single and the Division Bench  of the High Court, each gave separate findings every time a cross appeal was filed by the  parties, resulting in six different outcomes before the case finally reached the Supreme  Court. This not only delays justice but also makes arbitration extremely costly and  cumbersome. Increasingly, I see my clients preferring to opt out of arbitration clauses  altogether, choosing and trusting Courts as their primary forum for dispute resolution,  driven largely due to the greater efficiency brought in through the Commercial Courts Act. 

    Post-COVID, technology has changed Supreme Court litigation in profound ways. Virtual hearings, digital filings, and e-briefs are now routine. This has enhanced accessibility and opened new opportunities. Lawyers today can complement their oral advocacy with strong  digital advocacy, while clients too can easily attend and witness hearings in real time from  anywhere in the world, ensuring greater transparency and participation. 

    What has been the most challenging matter you have handled, and how did you  navigate it? You have also worked extensively in animal welfare, environmental law,  and public interest litigation. What motivates you to take up these cases? 

    One of the most challenging yet fulfilling matters I handled was Jaggo v. Union of India, 2024 SCC OnLine SC 3826, which I argued before the Supreme Court on behalf of the  Appellant. The case involved a woman Safai-Karamchari, who had been working with the  Central Water Commission for over two decades, as a so-called part-timer. Despite her  long service performing essential duties, her plea for regularisation was rejected not only  by her employer but also by CAT and the Delhi High Court. To make matters worse, she  was illegally terminated, even though she was the sole breadwinner of her family, surviving  on a meagre salary of just ₹4,000 per month. 

    I decided to take up her case pro bono, moved by her plight and the larger issue of systemic exploitation of temporary workers. The challenge was immense, not only did I have to  defend her against three concurrent adverse findings, but I was also pitted against the office  of the Additional Solicitor General (ASG). But the Hon’ble Supreme Court heard me  patiently, and it was deeply encouraging to see the Court give weight to every argument  raised by me in Court. 

    Ultimately, the Supreme Court held that such long-standing service warranted regularisation rather than termination, and that arbitrary dismissals without cause, violated natural justice. Drawing from constitutional principles under Articles 14 and 16, as well as international labour standards and comparative jurisprudence, the Court delivered a  landmark judgment that has since been widely relied upon across the country to protect the  rights of temporary and contractual workers. 

    For me, this case reaffirmed why I chose litigation. It was an uphill battle against the odds,  but it showed me that with persistence, empathy, and conviction, the law can restore dignity  and transform lives. 

    I’ve also had the privilege of being appointed as amicus curiae by the Hon’ble Delhi High Court to represent victims/ prosecutrix in POCSO cases, an experience that has deepened  my commitment to matters of public interest and justice. 

    How do you balance your personal life with such demanding professional  responsibilities, and how do you manage stress and maintain personal well-being? 

    Honestly, balance is not always easy. The legal profession demands long hours and deep  emotional investment. What helps me is grounding myself in simple things, spending time  with family, unwinding with my office colleagues, catching up with my close circle of  friends, and taking out time to travel with them. These moments keep me centered amidst  the demands of practice.

    I’ve realised balance in this profession is a constant work in progress. The long hours and  high stakes can be demanding, so I make a conscious effort to attend therapy and stay  grounded, whether by taking out time for myself, slowing down when needed, or ensuring  I maintain a non-toxic and supportive environment around me. 

    I try different ways to manage the stress that inevitably comes with the job, but what keeps  me going is focusing on the parts I truly enjoy, being on my feet in Court. That’s where I  feel most alive. After all, we lawyers live to hear the three words, ‘Issue Notice. Stay’.

    Get in touch with Udian Sharma –

  • Blending Advocacy, Strategy, and Technology in Modern Litigation – Kunal Sinha, Independent Litigation and Dispute Resolution Counsel.

    Blending Advocacy, Strategy, and Technology in Modern Litigation – Kunal Sinha, Independent Litigation and Dispute Resolution Counsel.

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

    With over eight years of experience appearing before the Supreme Court of India, the Delhi High Court, and various tribunals, you have had a diverse legal journey. Given all that, when did your interest in law first develop? What inspired you to choose this field, especially considering that law was not always a highly sought-after career?

    Yes, absolutely. I think if I have to go back in time, it is around my high school and why I chose law. I had a keen sense of justice. I wanted to do the right thing, stand up for what’s right. More than anything, I was also, I believe, influenced by a lot of novels and movies. It would instill a lot of pride in me when I saw a lawyer really fighting for justice on screen, you know, things like those.

    So those were the points which sort of nudged me in this direction to explore more about it. Later on, I always had an inherent attraction towards psychology. I used to read a lot of Sigmund Freud and criminal psychology and other things, just out of interest. And somehow, at that time, I think especially around the time when I was graduating high school, things were really looking up. A lot of law schools were opening. Especially, what really I think made a difference in my life personally is that around that time Jindal Global Law School really came up, and I was really in awe reading about it. And so Jindal sort of pulled me in this direction.

    I also cleared the CLAT exam. I hope it’s the same exam now. And so I cleared one of these NLUs. And you know, the first week I was like, no, I’m going to drop out of law, because it brought me back to the things which I hated the most: monotony. The way it was taught there in the government institution was a lot of just reading out things. The professor would come and everybody would start taking notes, and I was like, what is happening? Why can’t we just share the notes online or come to what’s important?

    Maybe talk about law. Talk about how you apply law instead of just everybody copying the exact same thing which the professor narrates. I found it extremely useless, the way of teaching, the traditional way of teaching. Then I moved to Jindal Global Law School, and I was really impressed by the way they were teaching.

    It was a lot of hypothetical, research-oriented, open-book examinations, no note-taking. Notes were up to you, how you wanted to take them. There would be slides shared after class, so you already had everything that had been taught to you. So a lot of technologically advanced ways of teaching, which I think mirrored a lot of universities abroad, and we had a lot of faculty from abroad as well. So it was just all those mixes of things which made me understand law, and that initial attraction happened, that pulled me into the career. It wouldn’t have been possible if it wasn’t for my alma mater.

    And especially the way technology was used, and the break from monotony of just remembering case laws, citations, or sections. I mean, we had open-book exams, so all the questions were very hypothetical. I would just conclude this by saying that it’s a mix of a lot of legal dramas I saw in movies, novels, inclination towards criminal psychology, and a contribution of the university. All of them played a role.

    Strictly from a point of view of going to university for a job, I think that wasn’t my intention. I really liked it. And my family, we come from a sort of background where engineering plus MBA is equal to an IT job, something like that. So it was a tried and tested path for success. You try to do IIT, then IIM, and then you get a great job, then you move to the US, and you settle. That was sort of the ladder in which my family saw success. So this was really a breaking-tradition sort of thing for me to do law.

    From breaking traditions at home to experiencing a diverse environment in your law program, do you think this influenced the diversity in your practice as well? When you interact with peers or colleagues and notice the differences in approach or understanding, how do you encourage and motivate yourself in such situations? Additionally, how have you brought the learnings from your alma mater into your practice, and how have you implemented these experiences in running your own law firm?

    Again, it’s very difficult to word it in a few sentences, but I would say it’s a contribution of a lot of things. Let’s say, the first limb of your question about my colleagues, I would say that all my colleagues have been extremely, extremely smart, winners of different moot courts and all when we were in university.

    So, a lot of friends and everything. I think the difference which I saw was that they had a more structured way of growing in their profession. And a lot of structured internships, a lot of structured interviews to get a job and everything.

    Well, I wanted my early twenties to be about exploration. So, that way I differentiated from my friends. It’s definitely better to have more structured planning and a more concrete way of progressing in a career than just going out there in the world and just seeing what comes your way.

    So definitely, I think when I was just in law school, I think every year, like the first year I would want to be a corporate lawyer, second year I would want to be something else. So I could never really have a static thing in my mind. What happened was during the internships, I interned with IndusLaw, ITC, different places in different capacities.

    And I enjoyed the Patiala House Court trial matters the most. While talking to you, I think a lot of self-reflection is happening. And I think, again, the answer is monotony. So every day you end up learning something new, interacting with newer clients.

    So that way I got pulled towards litigation. It wasn’t my first preference in law school because I wanted to get a more stable income career and everything. So a lot of good fortune to have landed in chambers where I was not treated just like a junior or just like a person who does research.

    All the seniors I have met were very, very good mentors. And I think spending time as a mentee during those formative years is so important and depends on your luck as well to fall in these kinds of chambers. But that person can really pull you up and teach you a lot, or you can just do a dedicated task every day.

    And you may not grow at the same speed as somebody whose mentor really wants to help. So what I really realized is that a lot of your growth is not just merit, it’s a lot of relationship building. How you come across to your mentor, how much trust he has in you. So this trust starts from very basic things, like if your senior has asked you to come to court at nine and you are there at 8.45 every day, every time, you never miss a date. Little things really make a big difference. And then they start trusting you with bigger cases, start telling you to handle clients yourself. So a lot of my experience and confidence came because of my seniors who handheld me in different areas.

    So that being said, while you were establishing your career, how soon did you decide that you would go for independent practice? Because there is a lot of planning that goes in, even when you are working with or for someone, you start planning for that. So what was that particular reason or maybe what kind of thought went into deciding this factor so early in your career that you wanted to have your independent practice?

    So it was just, let’s say, more like a breakfast conversation. One of the designated seniors, now she’s a very good lady lawyer in the Supreme Court, and what she told me was that you can very well be a part of the chamber, we’ll refer you cases, you do that, do my case, and time will fly and you’ll be in your forties and you’ll still be here.

    She said, take the leap, ask your seniors to refer you cases. Open up your thing, and instead of spending time with us, go and pitch to the government, PSUs, or other places. Spend your time pitching and not in the way of asking for a job, but more like getting an empanelment and an association.

    And she said that associations never die. You’ll always be our friend in this community, but what really matters is that you tend to be comfortable. So once you’re comfortable, you might as well reach your forties, and there won’t be a day dedicated like, okay, this day he’s getting independent. So she was like, if you’re just waiting for that spark or that amazing muharat or something like that, that day is not going to happen, and you just take the leap now. And the best time to take a leap is when you have certain savings, I think.

    So you have a little bit of savings, you know you can survive for the next six months. Take the leap. Most likely, in six months, you won’t be that profitable. But these things only start coming into action when you really go independent. And all these seniors, they were also reminiscing the days they chose to be independent.

    And she said that there were times that she used to cry because she couldn’t pay the rentals or the fees of the clerk. But she held herself strong. She managed, pushed through it. And again, a lot of focus on relationship building, meeting people. Those things are very, very important.

    So it was sort of, let’s say, a cushion which I got from my seniors in the initial days. My best clients, the highest-paying clients, were the referred clients from my senior. I don’t think there was any other way I would have reached these clients if it wasn’t for my seniors. So a lot of trust, a lot of confidence they had in me to have referred to me like that.

    Having such mentors and seniors is also very good luck because it is not easy to find one. In very early stages, like when you started, even before that, you worked with several companies and a variety of law firms, both nationally and internationally, in different capacities. What was the most valuable learning that you had during that time? How did that learning shape your understanding not only about the foundation of the law but also to pave the way for the foundation of your independent practice as well? How has that worked out for you, other than your seniors and mentors being in the picture?

    Right, with respect to that, especially, I think the younger you are, it impacts you a lot more, like your first jobs would impact. The first year of working has a lot of impact and then it just gets routine.

    So there is a very significant impact in the initial years. And I think I was working in Toronto with a barrister there, and a lot of things which I incorporated in terms of, I don’t know if it is relevant to this question, but I see a lot of transparency.

    There is a lesser senior-junior gap in these law firms abroad, especially in Toronto, the US culture in general. And there is a lot of opportunity to just meet them without that fear of talking to a very senior person, which I see quite visible in the law firms here, or the kind of practice there is in chambers here in Delhi. So as soon as that comfort level is there, a lot of transparency in terms of what a person will be able to do and what he won’t be able to do is there instead.

    And you can also ask doubts. I think that is also one of the issues which I faced in a law firm here, that comfort level is not built where the associate can just go up to the partner and say, I have this doubt, can you clarify? What exactly do you need from me? What output can I give?

    And that person is working to the best of his ability. And there is this gap, this unsaid hierarchy, where you have to put your head down. So that sort of thing, which I did not experience in the beginning, gave me a lot of knowledge and understanding with respect to speaking directly to the senior and really discussing things with the senior. And I wasn’t just like a cog in the machine, if that is the right metaphor, where you are just doing one part and you are just showing up and doing your thing. That freedom, that open-door policy, is something which I experienced early on and I really incorporated that. Other than that, a lot of things like, I think somewhere in India, we have this colonial, British-era, archaic way of writing judgments, or these judgments which are often published and all that.

    It is so complex. It is far away from the comprehension of a layman. And I feel a certain level of clarity and predictability and structure, which I learned there, and I found it missing here. So I tend to incorporate that in whatever I can do at present in my small office.

    I try to incorporate things which I learned of transparency and making your clients understand their petitions and not get swayed away by fancy legal lingo. Especially when discussing contracts and everything, I try to really simplify for the person who is sitting in front of me, for the client, and even how I would present myself in court would also be a lot simpler. I wouldn’t just go around beating around the bush with respect to fancy words and everything. So this is something which I have incorporated.

    You have also been empanelled with the Punjab National Bank and Central Warehousing Corporation, where you regularly handle high-stake commercial and civil disputes. What kind of challenges do you see or face while managing these disputes, keeping in mind that you work for the government sector there? And there are multiple stakeholders who are also involved, so you have to take care of all the sides related to that particular challenge. So in these kinds of disputes, how do you work around them and how do you convince or formulate a strategy for such high-stake issues?

     Like most of the government PSUs I have worked in,  there have been times I’ve been on the other side. I would really think that we have to be very, very pro solution oriented and going through litigation is tedious.  The government doesn’t really want that.

    They want solutions, they want settlements. A person as a lawyer, one’s duty is not to just be very good at presenting yourself in the court. It’s to have that intention, to be solution oriented, to tell the people responsible that this is the realistic judgment.

    This is the realistic order we are about to get or we’ll get in future. And this is where we are.   So why not just try to get to a solution now instead of waiting for the court to take its due time to come to an order. So especially with all these government PSUs, my intention is to have an arbitration clause. 

     Their intention also, it reflects that they want to avoid litigation, they want to go into arbitration. They want to have quick redressal,  and as a lawyer, as their panel counsel, my job is to ensure that  the least amount of litigation happens and we can come to an understanding at the earliest moment.

    Thanks for sharing those insights. So when we started the conversation, you talked about data privacy and other aspects, and your background is also in data protection and privacy management, along with the training in Canada and Europe. How do you see the kind of evolving landscape for the Indian DPDP Act and where do you see that we stand when we compare these kinds of acts, especially the new technology-driven acts around the world and what India is doing? What kind of difference do you see, and how do you make sure that you practice it in the best format possible, keeping in mind your international clients as well?

    Well, I really think our act mirrors and reflects the GDPR, which is in Europe, and a lot of concepts are there. So very, very similar, very progressive. But just coming to the ground reality, I think this conversation should be more reflective of what really happens.

    And in our practice, what I have seen is a lot of sharing of documents within law firms, within lawyers, through WhatsApp, through emails. So one should be really, really careful with all that, about sharing confidential information, even amongst our peers.

    And first, that cultural shift has to be there to really understand that there will be consequences. In general conversations, I see a lot of lawyers talk in the cafeteria, talking about their cases. One has to be very, very careful not to disclose your clients, not to disclose anything personal, or not even say something from which a person can really predict who I am speaking about.

    So that cultural shift has to be there with respect to privacy, and I think that is missing. Also, the way our websites are made, or our shopping websites are made, or any website for that matter, it is not humanly possible to read the cookie, the privacy policy, etc.

    So really, there is a great disbalance. You can take consent from a person on a 300-page document within one second, and a person just has to click OK. It is not humanly possible to read 300 pages before entering a website. So again, regulation has to come from the side of the government or from an authority, which we are doing, because it is not a contract between equals.

    Because if you are one big corporation, you have so much power. You have great lawyers to draft these contracts, and you expect a layman who is buying maybe a golf club, and then he will have to sign these pages, to just click OK. In a way, it is implied consent to accepting their policies.

    So there is definitely a lot of disbalance. And what I have seen is that I go to a shop and they ask for your number so easily, like it is nothing, like I have to give it. They don’t even bother with your consent.

    If you need the bill, you need to give the number. I am like, what kind of a relationship is this? You are putting pressure that if I need the bill, I need to give you the number, and then the number is just available out there, and you will be getting random calls and promotions.

    So where do we draw the line? Why don’t we have that power as consumers to say no, to say to the company that, okay, forget me, erase my data, whatever you have on me? These provisions are there, but to what extent are we really incorporating them and to what extent are we really educating the consumers about them?

    I mean, there is a huge gap. And I think as consumers, we are on the losing end of this battle. The way private data is shared, I think everybody would have experienced talking amongst their friends about a certain product and then seeing the advertisement of that online all of a sudden.

    So who is listening to what? To what extent is our data being shared? There is a lot of gray area in this, and there is absolutely a lack of transparency and a huge imbalance of power between us and the technology, the people out there who want the data. So regulation has to come from the government, from the authorities, so that there is some fear in the people or in the corporations or technology-related companies to be careful with the data.

     So true that we should be aware of our privacy as well as the child’s privacy. Nobody talks about child rights either, which is something absolutely missing from what we are doing, although it is there in the act. But if we are not aware of our own privacy, then how are we going to be inspired by child rights and other aspects.

     Absolutely. I think that it is just that the act, that legislation has to reflect or be incorporated in societal culture. And there’s seriously a big gap when it comes to that.

    Everything, even if you visit somebody’s apartment these days, they need your phone number, data, everything to let you in. And then you have been profiled. And you don’t know who’s buying this profile. How many times have you visited the hospital? Maybe the insurance company is buying the profile.

    So there’s a lot of sharing of data which a person has not expressly consented to. Consent can be skewed in a way that you click okay on a cookie policy or something like that and then, in a way, legally the companies are protected. But is it really a balanced contract?

    I don’t think so. The consumers, the regular people, have been taken for a ride.

    Keeping all this kind of technological advent and the kind of issues that arise with it and the regulations that are required, you have extensively worked in this field as well. How do you keep yourself ahead of the times and learn about all these things? Where do you learn from? What kind of research do you do around this, and what will be your advice to the younger generation who are entering this particular field in this specifically technologically advanced era? Things have changed before COVID and after COVID, the kind of world we are living in. So how do you see yourself, your practice, your firm, and how do you see the young generation learning from it?

     Right at the outset, I would say the old schoolers, the law firms, are hesitant. Even today they are very non-AI, they have these internal policies, but AI is so powerful. It’s not so easy to just reject it outright. The more realistic thing will be to adopt it and regulate it.

    And I think the younger generation, we know that you are using AI, we know that you are using it for research and drafting and whatnot. So there doesn’t have to be shame in it. Be outright. Be transparent with your bosses and professors and say that this is the kind of research you’ve collated, and as long as you’re using a tool, do good work.

    That’s what matters. As long as that tool is not misused to the extent of plagiarism, I think it’s absolutely fine. One should adopt it. I have been using AI tools for my scheduling. So imagine earlier if you typed so-and-so versus the state, versus the case number, et cetera.

    Now I can just, I have this app. I can just update my data, say put it up in my calendar for so-and-so date. So everybody’s using it and younger people are using it. It’s a great tool. So imagine going through a contract of 200 pages and you really want to understand if there are any loopholes, what exactly the termination conditions are.

    For instance, if you just go to the termination clause, there will be clauses talking about termination. But you need to really holistically understand the contract because a lot of times these clauses have a bearing on each other.

    And a lot of times these clauses are extensions of each other. So you cannot read these clauses in isolation. Let’s say one person uses AI to really understand the termination clause, or let’s say whatever period, indemnity clause in totality, and see how it assists you.

    So use AI like an assistant. You wouldn’t put your assistant’s work directly to the client. You’ll ask a paralegal to help you out and then filter things out for you, and then you apply your legal mind to it and then take it ahead. So as long as you’re using it as a paralegal or an AI agent, it’s fine.

    It’s absolutely fine. There’s no shame around it. I know my partners are really upset because of some interns who used AI and found these AI-hallucinated case laws, which do not exist. And this I’m talking about in some tier-one law firm.

    So it is concerning, but use it as an agent. If, let’s say, your intern brings you a case law, you don’t just directly sign it, right? You would go to SCC Online, a more legitimate sort of legal resource, and cross-check it. But, in essence, I would just like to say be adaptable.

    See how the situation is changing. Very soon there won’t be a lot of paralegals. As a job, it may become obsolete. Stenographers may become obsolete. So be realistic. There is an aspect of what’s morally correct and what’s not. Let’s not go there at the moment.

    But what’s real is that yes, jobs are going to move, a lot of clerical jobs will go away. So be mindful of that and use this as an opportunity to do really good legal work. Be better than your seniors because they didn’t have these tools. Now your senior would’ve taken a day to read a contract.

    You can do it much faster and try to do the law analytical stuff because your clerical stuff is taken care of. So use it like you have hired an intern or a junior paralegal and then be the person who vets everything before forwarding it to the court or client.

     Thank you for talking about all these aspects of AI and how to use those kinds of tools for your own benefit and for your work’s benefit. It has been a very enriching conversation with you where you have talked about your understanding and the way your seniors have helped you, all of it hopefully is going to help our learners to understand how they should pave their way in being not only first generation lawyer, but I would say first generation using technology at this level because this is something which is absolutely new for legal fraternity, so thank you for this conversation.

    Just adding one last thing with respect to the AI, it’s bridging the gap. Imagine if nobody has the excuse now that I do not have good professors. I do not have a good education, my college isn’t good enough.

    You have these sources, you can get access to a lot of great sources online, so there is no excuse now. A level playing field has been made because of AI and technology. So you can be anyone, you can be a first-generation or third-generation lawyer. Now the third-generation lawyers have their own challenges.

    Being under the shadow of someone, someone a great lawyer sometimes. So that kind of sometimes limits the third or the fourth-generation lawyer. So a lot of these seniors, which I know, have sent their kids to absolutely different chambers.

    Far away from their chamber so that they learn to stand on their own feet. I see a lot of LinkedIn posts about first-generation, second-generation differences. It’s not as rosy as people think to be a third-generation lawyer or a fourth-generation lawyer. One always has to show merit and everybody, in a sense, is a first-generation lawyer.

    This is not like a food business or a restaurant that, okay, it just came to you. Everybody has to show merit. Everybody has to show their skills to really last in this profession. So, in essence, now that AI is there and other technology, which makes it easier to navigate cases, easier to do research.

    One should learn all that and this is a great time to be a lawyer in a way that now you have a level playing field, you can go against the best.

    Get in touch with Kunal Sinha –

  • Inside the practice of a First generation Litigator & Supreme Court AOR – Gagan Narang, Partner at Triumvir Law.

    Inside the practice of a First generation Litigator & Supreme Court AOR – Gagan Narang, Partner at Triumvir Law.

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

    Let’s start with your remarkable, successful career of being an Advocate on Record and partner at Triumvir Law. Looking back, what was the initial motivation behind pursuing the career in a law and was there any specific driving factor that you chose this field?

     So to start with, my parents, my family is a family of professionals and that is where the work ethic or the drive to be a professional.  Both my parents are doctors. Having said that, I was always into multiple different domains. I was always multifaceted, having multiple interests. Was involved in quizzing, debating, in fact was involved in the equity markets, had an interest in the equity markets in very early years as well. And that is where somehow the journey towards law shaped in, because I understood law to be a profession wherein you’ll get exposure to all kinds of environments, all the kinds of businesses, all the kinds of different facets of the world where every case in the legal field is a new case. Every case is unique in its own way, and that is the advantage that the legal profession gives. It keeps  things interesting, it keeps things fresh. That’s how my career shaped towards law in the first place.

    Also, I was kind of a rebel as a kid, did not wanna get into medicine because of those reasons as well.

    Thank you for openly sharing your decision to not pursue medicine despite your parents being doctors. You made it to Gujarat National Law University that shaped your legal and business acumen? Starting with a top law firm in Mumbai to now leading your own litigation practice in New Delhi, how was that journey? As a first-generation lawyer, what challenges did you face, and how did you overcome them?

     So, let’s put the first generation thing first. Multiple times in the process there have been days when you think that maybe a profession in the medical field would’ve been better because obviously there would’ve been some legacy that I would’ve carried. But having said that, the work ethic that was instilled or the work ethic that was put into me and the way I’ve seen my parents go about their days right from 8 in the morning to maybe 11 in the night. I’ve seen them working and that’s where the idea of hard work that is required in your professional field came into picture, and that is probably what helped in getting into the GNLU, that is Gujarat National Law University as well. 

    Everything basically came in a flow, so I started off at LKS – Lakshmikumaran & Sridharan and it was through the college, got college placement, went to Bombay, did tax advisory for a year or so. Tax was considered to be the toughest field of law that existed while we were in college and even today in practice I see there is a niche that’s been created about tax. And a big advantage that my experience that LKS gave me was that I understood probably what people or what lawyers don’t even want to get into because it’s a very specific, very niche field. A criminal lawyer is still comfortable doing civil law. I’ll not say anything is easy or tough, but with due respect to everyone, there are multiple lawyers dealing in different domains that do not actually want to get into tax.

    Working at LKS gave me that exposure and gave me that understanding that the toughest, probably the perceived toughest facet of law can also be understood, just by applying yourself to it. Something about GNLU, GNLU is one of those unique law schools which allows you to study multiple domains of law. So there is a BBA LLB which I pursued then there is a B.Com LLB that is going on. There is a BSc LLB  as well. There is a BA LLB, normally law schools have BA LLB, BBA LLB so they have multiple facets. Additionally, there are various co-curricular  activities, there are Interdisciplinary schools such as Center for Sports Law, Center for Public International Law. So there were a lot of opportunities that came my way thanks to these centers and thanks to these programs that the college provided. While pursuing all these courses, you always have the option to learn more, to understand more assets and not just understand the law in itself, but understand various domains as well.

    That is where the institute helped me a lot, besides, GNLU is always very proactive in moot court competitions, in debates, in parliamentary debates in MUNs as well. So that is another facet which helped in developing that personality, the exposure was always there. No matter where I was sitting in a remote corner in the Western part of the country, the exposure was always there to learn more and gain more knowledge in the journey.

    You have been representing clients both nationally and internationally in arbitrations, including obviously the cases that you have represented in Abu Dhabi, which was a SAP company in an international arbitration.

    What were some significant challenges that you encountered during those cross- border arbitrations and what unique difficulties do you see while you are doing those cross-border arbitrations and the way you strategize to overcome them?

      Cross-border arbitrations are a unique ballgame. When we understand a domestic arbitration or when we understand the way arbitration is practiced in India, mostly the arbitrators or mostly the tribunals are either retired judges or some significant authoritative figures who know the system that is applicable in a domestic arbitration very well. The system that is the Indian law very well. When you come to an international arbitration, the ballgame shifts completely. First and foremost, the arbitrators mostly, up to a certain extent, are mostly lawyers themselves.

    More importantly, these arbitrators mostly are from neutral backgrounds and neutral jurisdiction. So they per se might themselves not know the procedures that are involved in the applicable procedural law or the substantive law. They might not be privy to the substantive law in the first place.

    It becomes very important for the practitioner, for the council to specify, to take the tribunal along with them in the substantive law and in the procedural law because the arbitrator sitting might not correct in a domestic arbitration. An arbitrator might correct you if you’re going wrong in the procedure at least. An international arbitrator, the arbitrator themselves might be new or might be knowing the substantive legal part of it less, and therefore you need to take the arbitrator along with yourself. The second and more important facet is there is always a language or a communication gap that will exist. There is a specific way in which English is pronounced by us, which is Indian English. When you’re sitting in an international arbitration, the accent changes, the pronunciation changes and the understanding of the accent also changes. So it is very important to not just be clear in what you’re saying or what you’re thinking, but also to articulate your thoughts in a much better and a much simpler manner so that it’s conveyed properly to the opposite party, to the arbitrator, to everybody.

    This becomes an important aspect there. It is very important to be a very good listener in an international arbitration as well, because you have to be on your toes to decide your strategy later on, and for that you need to understand what your opposite party is saying or what is falling from the tribunal as well. These are the three observations that go besides the legal parts of it, but coming to the legal parts.

    The challenges always exist because when you’re doing an international arbitration, the domain entirely shifts. Now, the law that you might be dealing with, the substantive law that you might be dealing with is not the local law of your in-line that you practiced since whenever you started your legal education.

    So what happens is that you need to be very aware, you need to be very thorough and very well researched about the laws that you’re dealing with. So for example, the arbitration that you were talking about, the local law was of Abu Dhabi or United Arab Emirates. Now, a lot of facets came from Muslim law. A lot of facets came from Islamic law, per se, Sharia law per se. And when we initially got on to it we were not very privy to it. It did not come naturally to us, so we also had to go through a lot of details. We had to also go through the law in many details. Had it been a common law country, I would’ve said it still comes naturally because following common law, you know, the flow, you know the logic behind things.

    But when it comes to a country where the procedure, where the substantial law is entirely different from yours, comes, you need to be very thorough and very well researched in that aspect as well. So these are the few challenges that you face now.

    You have an expertise which spans through commercial litigation, international arbitration, as well as white collar disputes, which are often considered very high risk, and obviously confidentiality becomes a very important corner store for white collar crime.

    What kind of key factors do you focus on while you are dealing with these kinds of areas of law, which are not only very, very confidentiality centric, as well as privacy centric , because confidentiality is for the whole case, and privacy is for the parties. So how do you deal with all these?

    What I basically focus on, whichever field it is, is to break it down to the simplest molecule possible, to the simplest form of a thing possible. And when you come to white collar and you try to break it down, as I see there are two elements involved.

    There is one, a business or a company transaction that is happening and a company’s interest that is happening. And the other aspect is basically the criminal laws that are applicable to the same. So when we look at a white collar crime, it is a company doing a monetary transaction wherein the financial interests of the company are involved and maybe some element of criminal law to achieve those financial goals.

    When you are defending a company, or the corporate or the financial transaction, it is simpler because the transaction may be good, may go in your favor, the transaction may go against you but what is at stake is only the monetary aspect of it, which while is important to the company’s interest. Does not paramount the personal interest of the directors or the stakeholders sitting in the company. When you deal with white collars, the parameter expands and the personal aspects become more important because there could be a lifting of corporate will, there are criminal laws involved, so there will always be a liability or a penal liability that can arise in the form of imprisonment, in the form of fines, penalties on the directors, on the shareholders, on key managing personnel as well.

    What is important in the first place is to understand that most of these people, if there is an element or if there is an allegation of a crime that is alleged might not…, the boundaries of law are so thin and so bleak that they might not themselves know when they have actually transcended the boundary.

    Something which might be very obvious or something which might be very simple for someone, that person might have transcended the boundary a bit, and it becomes important in the first place to explain in a very normal, in a very conversational manner, without losing the confidence of the client, that there might be an issue or where the issue first or foremost arises.

    Obviously there will be transactions where there is a willful default and there is a willful transaction. But when there is not, it’s important to explain to the client where that particular transaction has happened. In other transactions, there might just be that there is an allegation, but there is actually no substance to the allegation and it becomes important to explain considering the Indian judicial sphere and considering the pendency in India that there will be light at the end of the tunnel. There will be justice at the end of the day. And these are procedural regulatory issues that will be handed in due course of time just by putting the best foot forward or the most transparent foot forward.

    One more aspect that is important to be understood is.

    Normally when a person thinks of crime, the person automatically becomes defensive. Even  as individuals, when these clients are in front of you, it becomes very important to get the truth or the exact truth out of them. So you need to be very careful with what you ask. Sometimes they’ll not tell you the entire thing because either they want to hide something or they don’t consider it to be important themselves.

    So it is important for you to ask the right questions, to get the right answers, and then formulate the strategy accordingly.

    In addition to all these kinds of legal responsibilities, you also have developed business for yourself, administrative tasks that you have taken up, and you are managing your Delhi office as well.

    How do you manage all of this and over the years, how has your role evolved in each of the segments of the organization? What kind of experiences are there in those challenges that you have overcome and the roles that you have kept on changing over time?  

     The challenge is an everyday thing. It’s still a challenge. It continues being a challenge, and I think it’ll continue being a challenge forever. And that’s the best part of it because every day when you deal with a challenge, you successfully come out of it. You feel you have achieved something which will help you sleep better that night . Having said that, I joined Triumvir Law back in 2021 when it was a smaller organization compared to what we have now, but we were gaining a reputation. The organization was gaining reputation in leaps and bounds back then as well. When I joined, my tasks were cut out very clearly for me, which was to start with making a base for the firm .

    And to also handle the litigation part of it because Anubhav, Akash, my partners were themselves getting overloaded with the kind of work that was coming in that is exactly where Anubhab reached out and asked me to join in, being friends since almost 2015, it was a no-brainer to go ahead. Since I left my firm role in 2018, I had only worked as an advocate. It was more about the legal thing, more about the matters, more about the cases rather than about a firm, rather than about running an organization or rather than about thinking of the business aspect of it. So the first challenge that came into picture and the challenge that keeps on probably repeating every day when I deal with it is to consider it to also be a business, to consider it to also be a profession that you are there to grow, that you’re there to make money, and not just to sit there as an advocate dealing with the legal aspects of it. That’s a dilemma that will always be there because unfortunately in India, what the problem is that legal fees are always considered to be a cost or a liability. So you have to make the client also understand how you become useful to the client in the longer run, and that is the transition that you achieve from an advocate to say a contributing member in a firm and a partner in a firm to bridge that challenge.

    A lot of my time being in courts, being litigating a lot of my time, always went into the court work because that is how court life is. So starting the day at say 10.15, 10 AM or 10.30 in the morning from court, you never know. Your matter might reach in two minutes, your matter might reach in four, six hours at 4:00 PM as well, and a lot of the time is wasted.

    So you have to be very careful how you spend time with increased responsibilities, with the responsibility of building an office, the responsibility of building a base, growing the base in Delhi. Time management has become a key issue. Time management becomes the biggest issue right now, and it’s very important, the way I look at, it’s very important to establish systems for each and everything in place so that almost every exercise is automated to the best possible manner.

    Secondly, it becomes very important to have the right personnel to work with you and develop a team to work with you so that 80% or 60% of your responsibility in one facet is covered by the team. And then obviously you are there to oversee, you are there to manage whatever is required. There will be clients who will always require you to be present on board, but it is important to make the client also understand that the team is good enough or maybe better than yourself to handle the cases themselves as well.

    But you’ll be there whenever you need to be there. Similarly in the administrative part, also in the business development part, it’s important to make the client understand that the primary point of contact will be handy enough and will be a good substitute for me.

    When you have those systems in place, it becomes easier with passage of time and that is what we have seen in bigger firms as well.

    So you have transitioned from so many roles and kept on learning and enjoying every bit of it. While doing so you have also advised on online gaming platforms, obviously, on legal matters and other forms such as digital wallet regulations and RBI licensing.

    Given the kind of nature of the sector and the new challenges that it faces every day, particularly around regulatory compliances, how have you set your agenda of breaking it down again, in your own words to singular molecules and finding those solutions for your clients who are actually involved in these kinds of gaming platforms?

     So sports law or say gaming law is a niche field in law itself, which is still up and coming. Having said that, it’s not something like, say, a tax law, which has entirely a different kind of practice. A sports field or a gaming law field is an interplay of multiple different facets of traditional laws.

    Basically, there will be some element of the company’s law involved there. There will be some corporate advisory involved there. There will be some element of litigation that will be involved there, and there will obviously be regulatory compliances and tax compliances, so on and so forth that are inward.

    For these kinds of transactions when we were handling, the most important part where in the legal bit, the litigation mind came into play was the discourses that the Supreme Court had over a game of chance or a game of skill. So this law had been evolving and is still probably evolving to certain extent, wherein what is considered a game of chance and what is a game of skill, what element of a game of chance will be allowed, what element and to what extent the game of skill will be allowed to say be legalized in a country or be considered legal.

    And there will always be games wherein there will be a mixture of both game of chance and game of skill and the important question to be answered in all of these for all of our clients would’ve been that a particular game that they are proposing mostly and specifically in the online domain.

    Whether that game is a pure game of chance, then obviously the law doesn’t allow it. You have to remove it, you have to either find a way around it or you have to structure it in a manner that there is a level of skill involved. Secondly, if there is a mixture or an interplay of game of chance and a game of skill, then whether that interplay can be put in a manner to state that it is more of a game of skill, and that is why it can be allowed in the country. Having said that, now where the complexity or where the problem becomes multifold is that sports laws or gaming per se, comes into the state list. Now there is a national list, there is a union list, and there is a state list and there are concurrent list.

    So these facets fall under the state list. And every state has different kind of legislations on it. There are states who have legalized or who have allowed certain games. there are states which completely banned even game of challenge and game of skills as well.

    Now when you are dealing with an online platform, the other thing that becomes important is where do these games actually happen? Or which are the platforms that you go on? So even today, if you see an Android Playstore, you’ll not find a game of skill also on an online platform, a game like, I don’t want name, but let’s take an example of a Dream 11 per se

    or My 11 circle, which is currently the IPL is going on My 11 circle is the sponsor for IPL, Dream 11 has been a sponsor for the Indian team, so definitely the operations that they’re involved in are very much legal, considered to be legal in India. However, still Android Playstore does not have the kind of apps there because there are Android policies or regulatory policies which do not allow Android to have those games on their app store. So that is where the lawyer’s role comes into picture, or our role came into picture to understand what are the regulations? Why are the regulations in a manner, if possible, to make the platforms also understand whether these can be allowed or not, or to find a way around them as well.

    And an interesting element that exists in this field is that the tax aspect of this field is still under question. There was a giant casino company in India that has been called by the tax authorities and has been asked to pay taxes on the entire sum that a person gets as winnings and not just the winning aspect itself.

    And if you actually calculate the tax on the entire sum then probably the platform will be left or the company will be left with nothing to show in their books and they might even go bankrupt.

    So this is an interesting evolving element. We’ll have to see where the Supreme Court takes it or where the laws in India take it, probably, there could be some form of government interference there as well, or the government stepping in to allow certain things. These are the evolving aspects of it, but that is where sports law or gaming law is there.

     In India’s evolving legal landscape like with cryptocurrencies being taxed despite not being legal tender, navigating grey areas is key. With your background in both BBA and law, has this unique combination shaped your litigation practice and business development approach? Do you feel that a business degree like a BBA or MBA offers an edge in understanding the commercial aspects of running a legal chamber?

    Has it helped you in strategizing and scaling your practice over the years? And overall, how has this blend of business and law influenced the way you approach the profession today?

    Okay, I’ll start from a personal example, and I know a lot of my friends in the legal fraternity who have been doing that, and probably this will also be a suggestion for all the upcoming lawyers , especially once they go independent.

    When you start and when you have joined a firm and somebody else is paying you a retainer or a compensation.

    And there is a fixed element to it, it becomes easier for you because all you need to do is tell your one savings bank account details to the person that salary or compensation will be transferred there. However, once you go independent or when you’re starting a firm, all of these things, when you’re doing, now, it becomes important for you to understand how a business runs and understand what is the importance of a current account, what is the importance of different business accounts, to separate, as they say, your personal from your professional. When you’re running the practice at a smaller scale, what happens is these lines get blurred a lot. Just like your time, your time also gets blurred a lot. You’re working at your will, so you’re working probably through 24 hours. Anytime, there is no personal time, there is no professional time demarcated.

    But over time, it becomes important for you to demarcate it and it’s better or the best for individuals to understand it in the beginning, get those compliances sorted in the beginning itself where a BBA comes helpful to that is BBA is basically Bachelor of Business Administration.

    You understand business organizations, business setups, very importantly and very clearly in the first place. When you have a clear cut idea, theoretical idea also what a business organization is and how different business systems work, it becomes easier for you to understand what will work for yourself or what idea can be theoretically good for you, and try and implement that practically as well.

    It becomes further more important for you to help yourself understand the client’s requirements or how the client’s organization works as well. When you have that basic idea of how businesses work. Every business might work in a different way. Every corporate client might work in a different way, but you understand where the eventual goal lies, how they distinguish their profits, how a balance sheet is made. From making a balance sheet to arriving at profits and losses to understand where the assets go, where the liabilities go, once you have sorted that out for yourself, it becomes easier for you as a litigator, as well as a corporate advisor to basically get the hang of it.

    Secondly, it plays even a bigger role when you’re in a corporate advisory sector, so supposedly we are advising on a share purchase transaction or an acquisition. Certain elements of the company’s law are very intricately connected with the finance aspects, the business administration aspect.

    And once you have that basic background, it becomes easier for you to explain to your clients also what different forms of  shares are, what are hybrid securities, all of those. And it becomes easier for you also to implement or structurize those transactions for your clients. So that is where the business BBA knowledge comes into picture and helps you with that.

    Keeping all this in mind, you were talking about when you start your own firm or when you work individually, you tend to work even for 24 hours. I would request you to talk a little bit more about the kind of mental health impact that it gives when you are under pressure while developing your litigation practice or developing your own firm. How have you taken care of that particular aspect, given the fact that your parents are doctors?

    And what is your advice to the new entrants who are so desperate in making it within overnight or something like that, that we just have to make our names bigger?

    Just to clarify, when I said 24 hours, I didn’t mean you’re working 24 hours. What I meant was your professional and your personal timings are blurred. Say a person in a job will actually come home, spend time with family, or do something personal, might go to the gym. They have their set patterns as an individual, especially freshly independent, you’ll not have those patterns.

    Or when you’re working to grow an organization at that point of time, you might blur those lines and those patterns. That is why you’ll be working in different domains and that’s what we have done and that’s what we keep doing at Triumvir Law as well. When a case needs us, when a transaction needs us to work overnight, we will still be working overnight.

    However, the attempt will always be, the aim will always be to reduce that kind of work and to form such systems that will help you in the longer run. As a freshly graduate person, as a person who has started an organization or as a person who has just gone independent, it’s easier to do that in the first place and those blurred lines help you in probably maximizing the results for yourself and to an extent satisfying the clients there. However, these will never be sustainable in the longer run. You’ll have added responsibilities. At the initial phase, your number of clients are also restricted. You can give that amount of time to a client where you can give that attention. Once you have gone a bit ahead in your journey, the number of clients will increase and automatically, if you start being available all the time, it’ll become a problem for everybody. Now, how you tackle it in the first place, you make good systems. I started earlier as well. It’s very important to form those systems so that it becomes easier for you in the longer run.

    Once you go ahead, you get, as I said earlier, you get a good team with yourself who can take away the day-to-day load from your shoulder and your inputs are required only when something new crops up in the middle. So that is where in the longer run, preparing the fresher talent in a manner that they can also independently work. They can apply themselves independently, but the work in the system becomes important.

    And most important advice to everybody will be to choose the people that you work with very properly and very wisely. I am blessed to have the kind of people that I work with, the kind of partners, the kind of team that I work with. They ensure that whenever that break is required, somebody’s there to follow up, somebody there to fill in your shoes so that you can take the burnout break. You can always enjoy that rejuvenation and be back at work while somebody’s handling the work as well. That’s the advice. That’s how I saw it in my family. That’s what I see in my partners. That’s what I see around me.

    All of us have some kind of interests, which are beyond the legal sphere. Always work on your interests. You might say a specific sport, you might not be good at it. You might be very good at it, but play that sport. I heard an influencer say this, and I was very impressed by this dialogue.

    It was actually not an influencer. I don’t remember who but yeah, in a podcast I heard this, especially in your twenties and thirties, go to that concert you wanted to go to.

    Attend that cricket match that you want to see, attend that stand-up comedy show that you want to do, whatever is your interest. Follow that as well along with your work because eventually in life you will have to compromise on that as well. So when you have that kind of time, take time out from your professional life that will help you make your professional life better in the longer.

    And although I’m sure after this answer, my partner will be complaining to me that you do nothing of that, but this is what it is.

    Keeping that in mind, I would request you to suggest or rather talk a little bit about how you have transitioned along with the technology because obviously without technology today we would not be having this conversation.

    How do you see the technology has helped you have a better representation, have better way of learning and the kind of disruptive tech that is happening today, especially AI, IOT, blockchain? How have you equipped yourself with the new understanding of this and where do you see that our legal field is moving towards, along with these kinds of technologies that are infiltrating our law fraternity as well?

    Just a disclaimer, I am very bad with modern technology. When I say very bad, I’m trying every day to adapt to more things, but not at the pace where the generations that are coming ahead will be. Having said that, we are trying to do whatever we can to reduce our burden or to reduce our workloads, and that is probably the whole aim of implementing technologies in your daily life or in your professional life. So how we normally do it or how we are trying to do it, to start with was a big transition from those hefty files to basically an iPad and a cloud account where, all your files, all your devices are scanned and stored, so you don’t need to carry those empty files to courts.

    And in the recent past, we have seen the courts also transcend towards promoting. And I have personally seen in court, in the Supreme court before the former chief justice actually asking senior designated lawyers also to follow a practice of reading the briefs on iPad and not on paper files so they can also transcend towards the newer technologies.

    That’s the basic beginning and we are still trying to harness and maximize that sphere. So that is the first place saving a lot of paper. Obviously with our workload, we are only supposed to carry one iPad now and not the entire set of files, so that is where it helps in the first place.

    Secondly, now thanks to the digitization of all the records. And neutral citations present, like the entire databases shifting to technology based data share bases. We are not required to maintain those libraries that were earlier a compulsion. Now they have over time become a luxury of sorts.

    So it is more of an interest or a hobby kind of a thing to maintain that library. Having said that, thanks to the tools that are available and thanks to technology. It’s become much easier for us to operate on devices rather than those volumes or those libraries.

    Just to add what you are saying, we have incorporated an AI platform with us. We are trying to automate the contracts that we do, to basically reduce the amount of time that we spend on it and to get the regularities sorted. That is how AI is transforming for us as well. The regular stuff is always there where we use whatever AI tools are available for say emails or drafting basic things, but in the longer run we are also looking to incorporate AI outputs into our deliverables as well.

    Get in touch with Gagan Narang –

  • “Litigation is not a one-time choice; it’s something you must choose every single day despite the distractions and difficulties.” – Yashwant Singh, Advocate -on- Record at the Supreme Court of India.

    “Litigation is not a one-time choice; it’s something you must choose every single day despite the distractions and difficulties.” – Yashwant Singh, Advocate -on- Record at the Supreme Court of India.

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

    Growing up in Siliguri, far from the conventional legal hubs, what influenced your decision to pursue law, and how did your years at Chanakya National Law University shape your early perspective on the profession?

    Growing up in Siliguri and studying at Don Bosco School shaped me in many ways. At home, the environment was always encouraging. I was an average student in academics, but active in debates, quizzes, and other co-curricular activities. With the benefit of hindsight, those experiences built my confidence- something I still consider as my biggest asset. Initially, I was preparing for a career in engineering, but somewhere along the way, I realized it wasn’t something I could truly be passionate about. My parents stood by me wholeheartedly. It was then that I decided to choose law.

    My years at CNLU were truly defining. Coming from a younger NLU, we were always conscious that we had to work harder to stand out. A new institution brought with it both challenges and opportunities, and much like our university, we were eager to carve out our own space in the larger scheme of things. Those 5 years taught me the importance of taking ownership of one’s plans and seeing them through. Most importantly, CNLU gave me the final clarity that litigation – with all its pros and cons- was the path I really wanted to pursue. That conviction has guided almost every professional decision I have made thereon.

    In the initial phase of your career, you worked closely with the litigation team for over four years. What were some of the most formative experiences during this time, particularly in handling matters related to taxation, constitutional, and regulatory law?

    I began my career with the litigation team at PDS Legal, New Delhi, under Mr. Tarun Gulati. I had interned there during law school and was fortunate to receive a pre-placement offer in my final year. As someone new to both the city and the profession, I found tremendous support from my team and colleagues, who helped me settle in and grow.

    The foundation of my advocacy was built at PDS Legal- right from drafting and preparing a matter to eventually presenting it in court. If there is one lesson I particularly carry from those years, it is that effort alone is not enough; planning and organisation are equally critical. Clients and colleagues alike value a professional who is methodical in approach. My seniors were patient and supportive, and my peers were always helpful, which kept the momentum going in what could otherwise have been a daunting phase. Looking back, my time at PDS Legal not only gave me the skills but also the confidence and clarity to eventually venture out and establish my independent practice.

    Transitioning from a structured law firm environment to establishing your independent practice in 2021 must have been a pivotal moment. What motivated this move, and what were the initial challenges and learnings in setting up on your own?

    I had always wanted to establish my own practice. The satisfaction of building something of your own is unparalleled, and that desire kept me motivated. At the same time, my early days in litigation taught me that there is only so much you can prepare from the sidelines – you have to take the plunge, start from scratch and build gradually.

    The switch was not easy. Coming from a law firm where I was constantly working on heavy matters to suddenly having only a handful of briefs was a stark contrast. It is natural to have doubts and question your decision. But if you ask me, the real trick is to hang in there. Independent litigation is a choice you make every single day, despite the distractions and the reasons that may tempt you to leave. In the end, this profession rewards perseverance and patience. If you stay the course and keep developing yourself, things do fall into place.

    Since then, you have handled a wide spectrum of commercial, criminal, and civil disputes. Could you share one of the most challenging cases from your independent practice that significantly strengthened your confidence as a litigator?

    It is difficult to pinpoint a single case that became the fulcrum of my practice. For me, it has been a series of moments that reassured me I had made the right choice in setting up independently. One such matter was when a doctor’s license to practice had been suspended by a High Court in a contempt proceeding. I had the opportunity to lead the matter in the Supreme Court, and we managed to secure the desired relief. That case gave me something invaluable at that stage- acknowledgment, financial stability, and, most importantly, confidence as a litigator.

    Another turning point was when I first started handling criminal matters. Having had little exposure to criminal law during my time at the firm, those cases initially felt daunting. But they also reinforced a simple truth: in litigation, effort makes all the difference. If you are willing to put in that extra bit of preparation, you will eventually find your footing. Both these experiences strengthened my belief that perseverance pays, and that independent practice, though challenging, was the right path for me.

    In 2025, you achieved the distinction of becoming an Advocate-on-Record. What inspired you to pursue this qualification, how was your preparation journey, and in what ways has the AoR title impacted your practice and professional opportunities?

    Becoming an Advocate-on-Record was always a clear goal for me once I started my independent practice. Practising in Delhi makes you realize very early how competitive the profession is, and that the Supreme Court is the final stop for matters from across the country. When you pitch for mandates in the Supreme Court, the first question often asked is- Are you an AoR? If your answer is no, it does have a bearing, especially with clients outside Delhi. Qualifying the exam, therefore, gives you that foot-in-the-door and instills an additional layer of confidence in clients.

    Preparing for the exam definitely demands seriousness. Like most who clear it, I had to balance practice with study, which sometimes may get a bit difficult. I was fortunate to have friends and seniors who supported me—whether with study materials or helping me manage my matters. But I believe one thing must be acknowledged: preparing for the AoR exam is in itself an enriching experience. Irrespective of the result, you come out a better professional.

    Alongside your practice, you often engage with law students through moots and guest lectures. How do you view the balance between active practice and mentoring the next generation of lawyers?

    I genuinely enjoy interacting with students- there’s always a fresh perspective and a new learning to take away. Having been on that side of the spectrum myself, I know how good it is to have people from the profession engage with you. Judging moots or delivering guest lectures is also a great way to sharpen my own legal acumen, whenever you discuss an issue, you inevitably end up learning too. Balancing it with active practice is not always easy, but whenever I get the opportunity, I truly enjoy taking it up.

    Looking ahead, with your growing independent chamber and experience across varied domains, what vision do you hold for your practice over the next decade, and what advice would you offer to young lawyers aspiring to build a career in litigation?

    For me, every professional is a brand in himself, and the journey is really about improving that brand each day. My vision over the next few years is to evolve as a reliable practitioner and to build a team that is known for being effective and dependable in the legal community. Reputation in this profession takes years to build but can be lost in a moment, so the aim is to grow steadily, sincerely- and also to enjoy the process along the way.

    I don’t think I am in a position to give advice, but I can share my story. If there’s one thing I have learnt, it is that this profession rewards patience, perseverance, and planning. At the same time, litigation is not a one-time choice; it’s something you must choose every single day despite the distractions and difficulties. And while doing all of this, it is equally important to have fun and enjoy the process- because that’s what makes the journey worthwhile.

    With new legal developments and judicial precedents emerging almost daily, how do you keep yourself updated on the latest trends and ensure that your practice stays aligned with the evolving legal landscape?

    For me, curiosity and social consciousness are an asset in this profession. A lawyer should always be curious about the things happening around him, both inside and outside the courtroom. I genuinely enjoy reading, and I feel any lawyer who enjoys reading will always have an edge. We live in an age where information is power, and with technology, access to that information has become much easier than it used to be. There are plenty of platforms today that help us stay updated with what’s happening around.

    But beyond books and screens, our courts themselves are exciting places to learn. I’ve often found that indulging in conversations in the corridors, sometimes over a simple cup of coffee, leaves you walking away with more insight than you bargained for. That in itself sounds like a good deal ! 

    Get in touch with Yashwant Singh –

  • “Cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency.” – Aashish Patankar, Trial and White Collar Crime Lawyer.

    “Cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency.” – Aashish Patankar, Trial and White Collar Crime Lawyer.

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

    Your doctoral research focuses on economic frauds with special reference to the Maharashtra Protection of Interest of Depositors Act, 1999 (MPID). How has your academic background in commerce, finance, and corporate law influenced your understanding of white-collar crimes? Could you also highlight some key gaps or challenges you’ve identified in the enforcement of the MPID Act during your research?

    My academic background in commerce, finance, and corporate law has helped me develop the way I think about economic offences. Once you have grasped the mechanics of finance and corporate structures, it is easier to understand how the system is exploited. 

    During my research on the MPID Act, one challenge I have consistently noticed is that while the legislation is well-intentioned and aimed at protecting depositors, its enforcement often struggles because of delays in attachment and prosecution. Many times, by the time the authorities act and pursue the offender, the trail has already grown cold and recovery is nearly impossible. Another gap is the edges of enforcement and conflict of central legislation as PMLA, Companies Act, SEBI laws and the MPID Act being a state level enforcement, and derails any sense of priority in jurisdiction or proceedings.

    The Act is strong, but sometimes its effectiveness can be compromised in practice through procedural delays, poor agency coordination, and attempts to strike a balance between depositors’ protection and the rights of bona fide third parties. This is where I see a need for more extensive reform and clarification.

    You have handled several high-profile and complex criminal defence cases involving multi-crore corporate frauds and GST evasion. Could you share one particularly challenging case experience and how you strategized your way through it?

    Certainly! One case that comes to my mind right now involved a large corporate fraud and GST evasion worth several crores – and it was particularly significant as it was one of the first arrests in Maharashtra specifically for fraudulent availment of input tax credit, but more than the amount, it was the structure of the operation that made it really demanding for me. It was a well-orchestrated network of multiple shell companies, benami directors, and several documents that had been carefully planned to appear legitimate. By the time I stepped in, the arrest had already been made.

    From the remand hearing stage itself, I appeared for the accused and continued representing them through the entire process until we successfully secured bail.

    We also highlighted violations of procedural safeguards under the CGST and MGST provisions. Beside this, we took help from an independent forensic accountant who examined the financial transactions. Our goal from the beginning was to show that these were not necessarily fraudulent movements of money, but could also be read as genuine business activity with commercial rationale. 

    You successfully defended clients in a multi-crore Bitcoin scam case, an area where financial fraud converges with evolving technologies. With the advent of the new Digital Personal Data Protection (DPDP) rules, how do you see defence strategies evolving in cases involving cryptocurrencies and digital financial crimes?

    Yes, I have defended some clients in Bitcoin scam cases, including matters related to one of India’s biggest cryptocurrency frauds, the GainBitcoin scam case. This was a massive Rs 6,600 crore Ponzi scheme that was allegedly masterminded by Amit Bhardwaj and his brother Ajay Bhardwaj, and it really opened my eyes to how technology and financial laws are starting to collide. Because of the introduction of the new Digital Personal Data Protection Act, I think defence strategies are going to change in very different ways.

    I appeared for my clients from the remand stage itself and continued through the entire process until we secured bail. 

    For one, we now have a solid legal basis to question how agencies are handling personal digital data, how it’s collected, stored, shared. In crypto cases, most of the evidence is digital, so if investigators skip steps or mishandle that data, we can raise serious doubts in court. Earlier, we didn’t have a clear law backing that argument, now we do.

    Also, cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency. And this confusion gives us room to argue that our clients were operating within what was legally understood at the time, even if the law was unclear.

    As part of your professional and social commitment, you’ve provided pro bono legal aid to under-trial prisoners and represented numerous indigent accused across Maharashtra’s trial courts. What systemic barriers have you observed in ensuring fair representation for under-trials, and how can the legal fraternity work towards making justice more accessible for marginalized communities?

    Working in trial courts across Maharashtra and providing pro bono aid to under-trials has helped me understand how the system functions on the ground. One of the biggest issues, I would like to share, is the absolute lack of legal aid lawyers compared to the number of under-trial prisoners(UTP). Most legal aid lawyers, I know, are handling 200+ cases at once, that’s why it’s not surprising that many under-trials meet their lawyers for the first time in court. There’s no time for proper case prep, and that really affects the outcome in my perspective.

    Let me share two specific cases that highlight these challenges. I appeared for an accused in a case punishable under Section 328 IPC and other relevant sections, who had been in jail for five years. While I successfully secured his bail, he didn’t have the financial condition to furnish the surety. The only viable option was to file a discharge application, which I presented before the Baramati District Court, and the court was pleased to discharge the accused from the case.

    In another case, I represented a person charged under Section 302 IPC who was languishing in jail for six years. I conducted the entire trial, and he was ultimately acquitted by the Pune District Court. These cases show how prolonged incarceration affects the most vulnerable.

    Even when bail is granted, release gets delayed, sometimes for weeks or months, just because of delayed paperwork and sometimes, miscommunication between courts and jails. I have seen people stay behind bars for months after getting bail, which is truly heart-breaking. Add to that the language barriers, missing documents, and financial struggles, and you have got people stuck in the system with no help.

    If you ask me about my opinion, then I would suggest that we need more trained legal aid lawyers, regular jail visits, digital tools to track cases, and also we need to make communities aware about their basic legal rights. If we, as lawyers, law students, bar associations, and NGOs, come together and build a more connected, grassroots-level support system, it can make a big difference.

    You have authored several papers and conducted numerous lectures and seminars. In your view, what role does academic writing and legal scholarship play in shaping legal practice? What advice would you offer to young legal professionals looking to contribute to this space?

    For me, academic writing has played a meaningful role in connecting and relating legal theory with day-to-day practice. With the help of writing and research, I have been able to step back from the routine of litigation and examine the different patterns and challenges within the legal system. Well-reasoned legal scholarship usually finds its way into judgments, reforms, and legal education, and I have seen how it can directly influence how the law is interpreted and applied.

    To all the young professionals, I would recommend starting with small, focused pieces, perhaps a case law or analysis of a recent development in your area of practice. Choose topics that reflect current legal challenges or procedural issues you observe in court. Try to show your practical experience with the help of your writing. Engage with ongoing academic conversations, attend seminars, and collaborate with others in the field. Writing regularly with purpose sharpens your thinking and builds your skills.

    You’ve appeared as counsel across various jurisdictions, including trial courts and the Bombay High Court, and have assisted in representing prominent politicians, bureaucrats, and celebrities. In the initial phases, what were the endearing experiences that laid the foundation to your practice?

    In the early years, what really changed me was the time I spent observing and working with senior advocates at the Bombay High Court. Watching them argue, handle the pressure, and understand tough situations have taught me more than any class or lecture ever could. I was fortunate to assist in matters that ranged from bail to high-stakes commercial disputes, and that variety gave me a good solid base to start my own practice.

    I still remember my first proper argument in court, it was a small matter, but for me, it was a big moment. The judge asked a tough question, and while I fumbled a bit, I also learned how to hold my ground. Those moments, when you get knocked a little and then find your footing, are mostly the ones that stay with you.

    Working with senior counsel also taught me how much court preparation matters. And when I started assisting in high-profile matters, I realised a new thing about managing the expectations of well-known clients, is a skill in itself.

    Looking back, it was those early experiences, good and tough, that gave me both clarity and confidence. They still guide me on how I approach my cases today.

    Looking back at your robust and diverse career, what inspired you to pursue law? What was your original vision, and how has that evolved over time? What are your aspirations going forward?

    To be honest, law was not always the plan. Coming from a family business in finance and share broking, I was naturally exposed to the financial world from an early age. I even pursued an MBA in Finance, thinking I would follow that path. However, my interest in law kept growing stronger than anything else.

    I didn’t grow up with the idea of becoming a lawyer; it came more from curiosity and also with a need to find something that combined structure with impact. Over time, I realised how powerful the law could be in changing lives and solving problems. That’s when it became more than a profession and started feeling like a purpose.

    My early vision was probably moulded by the usual excitement of arguing in court, but as I started handling cases, my understanding of the law grew more. I began to see it less as a tool to win arguments and more as a way to balance justice.

    Now, my focus is on deepening that expertise, working on policy-heavy cases, white-collar crimes, and contributing to the law around data and tech laws. I also work on the corporate advisory side. A major part of my corporate practice involves drafting and negotiating commercial agreements, including non-disclosure agreements. I regularly advise companies on confidentiality matters and information security protocols that align with both legal requirements and business objectives.

    This dual exposure has helped me a lot in understanding how preparation and preventive corporate advisory go hand in hand.

    In the future I would like to build a practice that will represent and also educate, mentor to create awareness about legal reform. The law is always evolving, and I want to keep evolving with it.

    What advice would you give to law students and young professionals hoping to build a career in economic offenses and financial crime litigation? Is there a particular roadmap or mindset you’d recommend to help them stay ahead in this rapidly evolving space?

    Economic offences are really wide, which makes it hard to grasp it all at once. If your goal is to start a practice focused on economic offences and financial crime litigation, I would suggest learning as much as you can about financial systems and how they actually work. This area is much more about understanding how money travels in the economy and how the regulators generally think. So, alongside your legal studies, make sure you have spent time on basic accounting, and the financial regulations.

    In your early years, try to work alongside lawyers, or firms dealing with white-collar crime, with the ED or CBI issues, and with cases of corporate fraud. Try to watch closely how investigations are conducted, and how documentation is compiled, the process of taking statements, and how enforcement agencies operate. This will give you an initial understanding of the concept.

    Given the high-stakes and often intense nature of  litigation, how do you maintain your composure in stressful situations? What practices help you manage pressure while also taking care of your mental well-being?
    Litigation matters are intensive, long hours, and involve tight timelines, high stakes. It’s very easy to lose your balance if you don’t actively protect it. With time, I have learnt that managing pressure means building the capacity to carry stress without letting it overwhelm you.

    I maintain a strict routine of one hour of meditation and one hour at the gym daily. This combination has become non-negotiable for me, regardless of how demanding my case load gets. I have also become very mindful of boundaries. I have stopped glorifying all-nighters. I delegate when I need to, I disconnect when I must.

    Law can really push you. If you don’t pace yourself, you’ll burn out before you build anything that lasts.

    Get in touch with Ashish Patankar –

  • “In my view, not every conflict calls for the rigours of litigation, many can be effectively  resolved through dialogue and a planned, structured settlement process.” – Ankita Sarangi, Advocate-on-Record and  IMI Accredited Mediator.

    “In my view, not every conflict calls for the rigours of litigation, many can be effectively  resolved through dialogue and a planned, structured settlement process.” – Ankita Sarangi, Advocate-on-Record and  IMI Accredited Mediator.

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

    Looking back at your formative years and legal education, what early experiences  shaped your perspective towards law and inspired you to pursue a career in  litigation and dispute resolution? 

    Born and brought up in Delhi, I completed my schooling at DPS RK Puram, studying  from nursery to 12th grade, with the initial years up to Class 5 spent in the junior wing  of the school. 

    I belong to the pre-CLAT era, when each law school conducted its own entrance  examination. At that time, choosing a college also meant carefully evaluating both its  location and the professional opportunities that followed. I had intentionally decided  against taking multiple entrance exams, but a trusted recommendation persuaded me to  attempt the entrance for the National University of Advanced Legal Studies (NUALS).  I was later formally informed that I had successfully cleared the entrance exam and was  eligible to secure admission to NUALS. However, after passing the entrance exam for  Indraprastha University (Amity Law School), I chose to enrol there, as its location in  Delhi-NCR and its ranking in the top ten law colleges in India, were rather significant  factors in my decision at the time. 

    My decision was primarily driven by the fact that Delhi provided a far more conducive  environment for pursuing a career in law, particularly in litigation, which was my area  of interest. However, with the benefit of hindsight, I now believe that institutional  rankings are of limited consequence in the long run, especially for those committed to  a career in litigation since law is a profession that transcends classroom learning and genuine mastery can only be forged through practical application and real-world experience. 

    While the school provided a solid platform, it was the inspiration I drew from my  parents, both of whom had worked with the government and were highly accomplished from an early age, that set a high benchmark for me and encouraged me to take my  academics seriously while also pursuing co-curricular activities such as debates and  beyond. I was always drawn to writing and was made aware that I had a natural ease with language. Outside the school curriculum, I found joy in exploring a variety of non  fiction books and articles, driven by a curiosity to better understand how the world  works. I was particularly drawn to topics in psychology and neuroscience, which still continue to captivate me. I believe this reading has also quietly shaped me in becoming more empathetic, a quality that proves valuable particularly in mediation. I’ve always  found satisfaction in tackling problems and working toward practical solutions, and was  grateful that others felt comfortable seeking my advice. Through helping them resolve  personal conflicts and find common ground, I developed a sincere interest in  Alternative Dispute Resolution. 

    During my academic years, I remained actively engaged in co-curricular activities,  including parliamentary debates, Model United Nations, coupled with several extra  curricular such as taking part in inter-school competitions, winning as a solo singer in  important music competitions as well as inter school level athletics which I believe does give one confidence and discipline while also encouraging prompt, judicious thinking  under pressure, and embrace competition. In my opinion, extra-curricular and co-curricular activities teach early on that winning and losing are both part of the game,  something I came to appreciate through sports and other competitions in these formative years, and which continues to shape my approach as a lawyer. 

    During your time at Law School, you undertook intensive internships with leading  law firms, arbitration centres, and the offices of Additional Solicitor General. How  were they transformative, and how did they influence your career path?

    Internships were not mandatory for students at that time, unlike the current practice in  most colleges, following the BCI notification. The primary reason to pursue them for  me, was to gain exposure to the profession at an early stage. I was very keen on  exploring a wide range of laws, including unconventional areas such as Sports Law and  TDSAT matters, which were not commonly taken up. I enjoyed the process of securing  internships through my own effort which has also helped me become independent. I  actively went for interviews, followed up with offices, and treated the process as a  learning experience in itself. Alongside this, I also participated in many inter-college  and intra-college moot court competitions as a speaker and was fortunate to secure good  positions and awards. After graduating, I have been invited to judge college moot  courts, which often reminds me of my own time as a speaker and participant, recalling  the long hours and sometimes several months of preparation that went into each round.

    One experience from the internship days that stands out for me is when I wanted to  intern with the office of an ex-ASG, which was very coveted, and very few students  would get selected or allowed to intern at the office at a time. I pursued the application  consistently, without using any references, and was ultimately offered the chance to  intern. When he later realized that my family was acquainted with him, he asked why I  had gone through the entire process, but for me, the satisfaction lay in doing it  independently. Similarly, I secured internships at several law firms and at DIAC (at the  time known as Delhi High Court Arbitration Centre), again through persistent  applications and interviews. At DIAC, I gained early exposure to institutional  arbitration and was introduced to how such proceedings are conducted in practice. 

    It’s worth mentioning that all my internships, except one, were unpaid and I never had  any reservations about that. It was generally understood that internships were about  learning rather than stipends; payment, if offered, was considered a bonus, not an  entitlement. The one exception was at a law firm where, at the time of joining, I was  clearly informed that I would be paid a fixed amount for the duration. If an internship  is undertaken mainly or solely for financial reasons, it is important that this be  communicated at the outset, since paid internships carry a very different set of  expectations. Raising monetary demands midway is neither fair to the seniors nor  consistent with professional conduct. Any agreement regarding payment should,  therefore, be clearly confirmed in writing, preferably over mail. 

    Each firm I interned with also gave me insights into its specialized practice areas, which helped me appreciate the finer aspects of the profession and further helped me  develop a sense of independence very early on. I believe internships are extremely  important for law students, as they offer a practical glimpse into what lies ahead after  law school. During my internship, I often worked long hours, staying back even after  the associates had left to complete the work they had assigned, often under strict  deadlines, and was usually among the first to arrive each morning, not with the intention  of being absorbed in the firms, but simply to absorb as much as possible and maximize  the learning experience.

    You began your professional journey assisting the Additional Solicitor General at  the Delhi High Court, where you were exposed to high-profile government  litigation at a very early stage. Soon after, you worked with an Advocate-on Record at the Supreme Court. Looking back, what lessons did you draw from  these formative experiences, and how did they shape your understanding of  appellate practice and prepare you for eventually qualifying as an AOR yourself? 

    Immediately after graduation, I joined as an associate with the then ASG and had the  opportunity to work on high-profile cases, including the “Nirbhaya” case among others. My time in the office gave me practical exposure to handling government matters,  understanding the functioning of such offices, and working in a fast-paced environment  where cases often arrived late in the evening and required the four associates to read  files and prepare briefs within tight deadlines for the next day’s listing, which was quite  demanding and often required working late into the night. While attending meetings  and briefings was an interesting learning experience, starting the career in a designated  senior’s office has its limitations, particularly in drafting, which is an essential skill for  any litigating lawyer. Seeking more substantial drafting experience, I decided to join  an AOR in the Supreme Court with whom I was already familiar. This arrangement  allowed me to pursue my own private practice before lower courts and tribunals part time while working in the office, where I would take initiative to draft SLPs and  government-side Counters, as the office was on the panel for the State Government. 

    While this may not hold true for everyone, I had recognized that taking the AOR exam  would be professionally significant, yet I could not have anticipated the profound  impact it would have on my career once I qualified. I was aware that becoming an  Advocate-on-Record, particularly in the current generation, carries significant prestige, responsibility and accountability. Most who qualify today have amassed significant  experience across various courts and tribunals before reaching the appellate stage  practice, which equips them with a deeper understanding of the nuances of such  practice, a perspective that is harder to acquire when starting directly at that level.

    By 2014, you had taken the bold step of establishing an independent practice.  What were some of the challenges you faced and how did you navigate them? 

    When I began my independent practice, my work was mainly in lower courts, service  disputes before the CAT, and High Court litigation, and much of it non-contentious. Initially, I dedicated time to working on several pro bono cases. One of the turning  points came when I was empanelled with DLSA/DSLSA for the CAT panel, where I  was one of the five advocates and was selected on merit through a shortlisting and  interview process. It is often assumed that legal aid is confined to the economically  weaker sections, but under The Legal Services Authorities Act, children, women, senior  citizens, disabled and socially backward classes are equally entitled irrespective of  income. This gave me exposure to clients from very diverse backgrounds and allowed  me to develop the ability to handle people and their concerns at an early stage. 

    What made the experience especially meaningful was the trust it created. The  beneficiaries who appreciated my commitment towards their cause and work, often  referred me to their acquaintances, and I would also receive referrals from some  unexpected sources, such as court staff in some courts and other professional networks.  The referrals have not been confined to service matters, but I have also been entrusted  with their personal matters, including criminal, property, and matrimonial cases, among  others. These acknowledgments strengthened my belief in sincerity and perseverance  as the foundation of practice.  

    On a more personal note, I come from a family of high achievers and accomplished  individuals, most of whom have pursued structured and conventional career paths. 

    Except for my grandfather, who had earned great respect in his time as a prominent  lawyer, I had not personally heard of anyone establish an independent practice and face  the unique challenges that come with it, though I often wish he had still been practicing  when I entered the profession as he was a great inspiration and influenced my decision  to pursue law. I grew up hearing stories of how clients valued his exceptional legal  acumen and how he consistently achieved favourable verdicts. 

    Choosing litigation, and doing so as a self-made woman lawyer, brings its own set of  hurdles, but it also gave me resilience, confidence, and the satisfaction of building a  practice on my own merit. I believe it is important for anyone to have some support  system, and for me, that strength came primarily from my grandfather and parents, who  consistently encouraged me to pursue my dreams without being bound by the  conventional expectations of society.  

    You’ve dealt with a wide spectrum of cases in the Supreme Court as an Advocate on-Record, a few of which resulted in reportable judgments. How do you see these  experiences contributing to your professional and personal journey? 

    While my work in the High Court and lower courts has spanned matters, including appearances both for the government and for private parties, much of my work in the  Supreme Court has involved representing predominantly private parties, including  matters against different State Governments. What I’ve really valued about being an  AOR is the chance to engage with a wide variety of matters, all under one roof in a  short span. Over the years, I’ve handled cases touching on GST, Customs, SEBI,  statutory appeals from NCLAT, Service disputes, Transfer Petitions, and criminal  matters including bail, with some of them resulting in reportable judgments. Among  those, most recently, I argued a batch of cases concerning compassionate appointments,  where the Hon’ble Apex court upheld the High Court’s decision in favor of my clients,  granted the relief we sought, and issued important directives to the State. 

    On the professional and personal front, it is truly the vagaries of litigation that will shape you the most over time. There are days when I appear for a Petitioner/Applicant on a particular issue, and almost immediately thereafter, I may find myself defending  the Respondent on the same point in another matter. This frequent transition between perspectives necessitates not only a versatile approach to advocacy but also enhances the way one navigates difficulties in life, while also serving as a reminder that the law  is never unidimensional. 

    Your work as a mediator accredited by the International Mediation Institute  reflects a strong commitment to alternative dispute resolution. Alongside  mediation, you also have substantial experience in arbitration. In your view, how are these mechanisms evolving in India, and what role do you see them playing in  the future of dispute resolution? 

    In my view, not every conflict calls for the rigours of litigation, many can be effectively  resolved through dialogue and a planned, structured settlement process, a perspective  also endorsed by several sitting and retired judges across different courts. This line of  thought naturally steered me towards arbitration and mediation, reflecting an  inclination I had held from early on.  

    The journey for me in mediation began with intensive training of 120 hours initially with an international institute based in Germany, which involved regular simulations  and close interaction with participants from diverse jurisdictions. This foundation  gradually opened opportunities to mediate international disputes alongside colleagues  from different countries, many of whom became professional associates during the  course of training. I became involved in this sphere when mediation was still at its  nascent stage, much prior to the establishment of a statutory framework and I was aware  that it was a burgeoning field with great potential in future. Referrals followed naturally,  leading to further exposure and practice. I would like to think of mediation, by its very  nature, as an inherent skill while also one that is refined through experience and  continuous practice. Once qualified as a mediator, one need not wear the mediator’s hat  at all times. The profession demands the ability to know how to switch hats, as the skill  set of a mediator differs fundamentally from that of an advocate. 

    During mediation training, we are introduced to several techniques, which come in  handy, one of which is the classic ‘Orange parable’, it illustrates how two daughters  quarrelled over an orange; one wanted the fruit to eat, the other the peel to bake a cake.  By simply dividing it in half, each lost half of what she truly needed, but had the mother  asked why they wanted it, both could have received 100% of what they sought. The  story highlights how exploring underlying interests, rather than positions, often creates  outcomes that add value at no extra cost. 

    My interest in arbitration began during college while preparing as a speaker for a  prestigious international arbitration moot court competition. The research and learning  involved sparked a deep curiosity about the entire process. This led me to apply for an  internship with the DIAC, where I spent a few months gaining first-hand exposure  while still in college. Gradually, I began handling arbitration matters and found the process very engaging, particularly the intricacies of cross-examination, which require  precision and technicality rather than generic questioning, given that its appreciation in arbitration differs from that in a trial. A few years later, I found myself as an arbitrator  in a matter that was successfully steered towards settlement. Over the years, I joined  several national and international arbitration organizations through paid annual  memberships. While these affiliations offer valuable professional connections, I believe  the primary focus should remain on steadily building meaningful work in the field as  accumulating memberships alone, without gradually building substantive work, may  not serve a deeper purpose in advancing one’s practice or the profession. 

    It is becoming increasingly clear that ADR is not merely an alternative but represents  the future of dispute resolution. With technological advancements enabling Online  Dispute Resolution (ODR) and the legal framework evolving accordingly, it is  especially being recognized as the way forward for cross-border disputes. Even for that matter in domestic arbitration and mediation, the ability for counsels and parties to  participate remotely is a convenience that was virtually unknown until recently and with  that convenience comes a greater willingness among people to engage in the process, leaving fewer excuses to avoid it. 

    Beyond your work in courtrooms, you have also been invited to various forums  and platforms. Could you share how such opportunities have enriched your  professional journey? 

    My longstanding interest in subjects extending beyond law such as international  relations/foreign affairs, which I have actively explored by writing articles on diverse  topics that were published in reputed newspapers and journals, I believe for me, has  opened doors to unique opportunities beyond conventional legal practice. These  engagements have allowed me to be invited to various forums, media platforms and  different Embassies, participate in discussions on cross-border issues, and build  meaningful connections with diplomats and professionals in the field and beyond. Such  interactions also help to enrich your professional outlook.

    Alongside your independent practice, you serve as a Senior panel counsel for  prominent government bodies like MTNL, NDMC, MCD, DDA and others. How  different is it to represent government and public sector entities compared to  private clients, and what unique responsibilities come with it? 

    Representing government and public sector entities presents challenges and  opportunities that are distinct from a private practice involving private parties. The  outcomes in public sector matters often have far-reaching implications, potentially  impacting public funds, policy decisions, or matters of governance, rather than just  individual or corporate interests. The process of receiving and executing instructions  often involves multiple layers of guidance and approvals, requiring both patience and  clear communication as directives pass through several officials. There is also an  increased sense of accountability, as being a lawyer for the government involves  safeguarding the public interest in addition to advancing the client’s position. Timelines  and strategies can be shaped by the internal institutional protocols and procedural  requirements, yet the obligation on the panel counsels to maintain the highest  professional standards is unwavering. It requires not only a certain level of legal  expertise, understanding of the court craft but also a balanced approach that respects  both the letter of the law and the wider societal stakes involved. At the same time,  private practice from the private Petitioner and Applicant’s side offers unique rewards.  The chance to work closely with clients, shape the strategy of a matter, and see the  tangible impact of your work makes the experience deeply satisfying, while each setting  brings its own distinct professional lessons.  

    It bears mention that I have often encountered conflict of interest, since many  individuals approach me for matters involving the same departments where I am  empanelled. This highlights a limitation one cannot afford to put all their eggs in one  basket. In fact, empanelment is sometimes perceived as the ultimate goal for many  freshers, whereas in reality, it should only be meant to an end. The real challenge lies  in the dynamics of whether matters are actually assigned which has numerous variables  at play that are not always apparent to individuals aspiring for empanelment. In my  view, empanelment is valuable only if one has a reasonable prospect of leveraging them  over the long term, since more often than not they come at the cost of opportunities in  private practice that one has to forgo.

    With constant changes in legislation, regulatory frameworks, and commercial  practices, how do you stay updated on the latest legal developments? What advice  would you offer to students and young lawyers who aspire to build successful  careers in litigation and dispute resolution?

    First and foremost, I believe it is important to discover one’s own “Ikigai” , a concept  beautifully articulated in the book by the same name, which speaks of finding one’s  true purpose. For me, law was never about money or wealth, it goes much deeper. 

    At the same time, conviction alone is not enough, the law demands continuous learning,  and purpose finds its true meaning only when matched with consistency and diligence. To stay current with the constant changes in legislation, regulatory frameworks, and  commercial practices, I rely on a blend of traditional resources and contemporary tools.  I am subscribed to reputed legal journals and follow bi monthly if not weekly updates  from regulatory bodies. If a particular webinar or conference interests me, I make it a  point to watch the sessions or recordings whenever time permits, as they invariably  provide practical perspectives that go beyond what one finds in print. 

    On a more practical level, I find some WhatsApp groups to be useful for timely updates  though one must be selective, as some are driven by informal exchanges rather than  substance. I have also maintained paid subscriptions to legal databases, and whenever  possible, I even like to read international publications such as The Economist and The  Guardian to keep a more rounded view. In litigation, time management is extremely  critical. There is always too much to read and absorb, so the key lies in prioritizing  credible sources and ensuring that learning remains consistent, even if not exhaustive. After all, there are perhaps only a few professions/roles that demand knowledge across  a vast spectrum of disciplines and engagement with society at large namely those of a  judge, a civil servant and an advocate. Therefore, as a lawyer, the reading cannot be  confined to judgments alone. 

    For students and young lawyers aspiring to build careers in litigation and dispute  resolution, my advice is to not follow someone else’s path just because it worked for  them. Your journey is unique, so find what resonates with you and let it guide your  growth in this dynamic field.

    Get in touch with Ankita Sarangi –

  • “Litigation demands more than a sound understanding of the law; it calls for strategic thinking, creativity in argumentation, and a deep sense of ethical responsibility.” – Dushyant Tiwari, Advocate-on-Record at Supreme Court of India.

    “Litigation demands more than a sound understanding of the law; it calls for strategic thinking, creativity in argumentation, and a deep sense of ethical responsibility.” – Dushyant Tiwari, Advocate-on-Record at Supreme Court of India.

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

    Having graduated from NUALS, Kerala, and starting your practice directly before the Hon’ble Supreme Court of India, what inspired you to pursue such a high-stakes litigation career so early on ?

    My decision to pursue litigation particularly by starting directly at the Supreme Court was rooted in both personal ambition and the exposure I received during law school. Coming from a first-generation legal background, I didn’t have familial connections in the profession. That absence could have been a limitation, but in many ways, it became a motivator.

    A key factor that empowered me was the strong support of my family, especially my elder brother. His advice and encouragement played a crucial role in helping me make bold career decisions, including the step to begin my practice at the apex court. His belief in my potential gave me the confidence to pursue a path that was unconventional and challenging.

    During law school, I had the opportunity to intern with a diverse set of accomplished lawyers. These experiences offered me valuable exposure to different styles of practice and deepened my understanding of litigation as more than just dispute resolution. I saw firsthand how litigation can serve as a powerful tool—not just for individual justice, but for broader policy reform and societal impact.

    What truly attracted me to litigation was its intellectually rigorous nature. It demands more than a sound understanding of the law; it calls for strategic thinking, creativity in argumentation, and a deep sense of ethical responsibility.

    Starting out at the Supreme Court was undoubtedly intimidating, but it gave me a unique opportunity to engage with complex, high-stakes matters early in my career. I was able to learn directly from senior advocates and constitutional experts. While building a reputation from scratch came with its own set of hurdles, the process made me more resilient, disciplined, and committed to the principles of justice.

    What were some key challenges and lessons you learned while transitioning from working with an Advocate-on-Record to establishing your own practice in 2016, and later founding Scripta Lex Law Firm in 2018?

    The transition was both challenging and transformative. One major hurdle was building a client base from the ground up. As a first-generation lawyer, I lacked industry connections and had to rely solely on the quality of my work and my ability to earn trust.

    Running an independent practice also introduced me to the administrative side of law—budgeting, staffing, operations, and more. Shifting from solely legal work to managing a full-fledged firm required developing a new skill set quickly.

    The most valuable lesson I learned was the importance of building and nurturing relationships. In the absence of a network, I made a conscious effort to connect with senior counsel, peers, and clients. Legal expertise is essential, but trust and communication are what sustain a practice.

    Running my own firm has also taught me to take full ownership of every case. Beyond legal strategy, I now consider a client’s broader goals and circumstances. It’s given me a holistic approach and a deeper understanding of how to lead both in the courtroom and within my firm.

    As a qualified Advocate-on-Record (AOR), what are the unique responsibilities that come with the role, and how do they affect your practice?

    Being an AOR comes with significant responsibility. Only AORs have the right to file documents before the Supreme Court, which means every filing must be flawless in terms of format, compliance, and timing.

    As an AOR, I’m also the official point of contact between the client and the Court. This means that my role extends beyond documentation, I must ensure that clients are informed, and expectations are managed appropriately.

    This responsibility has enhanced my attention to detail and refined my organizational skills. It has also deepened my appreciation for the precision and professionalism that the Supreme Court demands, ultimately shaping me into a more disciplined and reliable practitioner.

    You have significant experience across varied forums, Supreme Court, High Courts, NCLT/NCLAT, NCDRC, and more. How do you approach such diverse jurisdictions and areas of law? Which field has evolved the most in the last decade?

    Each forum requires a distinct approach. At the Supreme Court and High Courts, cases often involve constitutional or public interest elements. These require legal foresight and arguments that resonate at a policy level.

    In contrast, corporate forums like NCLT/NCLAT demand a deep understanding of statutory frameworks like the Insolvency and Bankruptcy Code (IBC). I frequently collaborate with financial experts to address the commercial realities involved.

    In the NCDRC, which deals with consumer disputes, the emphasis is on practical solutions and timely resolutions. These forums call for clarity, efficiency, and client-centric approaches.

    Among all, Insolvency Law has evolved the most over the past decade. The IBC has transformed corporate debt resolution in India. As it continues to evolve through amendments and judicial interpretation, staying updated and agile is crucial.

    Consumer Law has also seen major developments, especially with the growth of e-commerce. The introduction of the Consumer Protection (E-Commerce) Rules, 2020, reflects this shift and has changed how we approach digital consumer disputes.

    Navigating these forums successfully demands continuous learning, adaptability, and cross-disciplinary collaboration.

    With your expertise over various aspects, can you share a defining case that shaped your outlook on litigation?

    One defining case was a complex corporate insolvency matter under the IBC before the NCLT. The company in question had multiple stakeholders—each with competing interests. The legal issues were intricate, but so were the financial and strategic considerations.

    What made the case significant was its timing, it occurred when the IBC was still evolving. We were navigating uncharted waters, relying on fresh judicial interpretations and creative legal solutions.

    This case reinforced my belief that litigation isn’t just about resolving disputes; it’s about contributing to systemic and economic recovery. Lawyers play a vital role in shaping not only legal outcomes but also financial futures and social stability.

    What gaps do you see in consumer awareness, and how should the Consumer Protection framework evolve?

    A major gap lies in the lack of awareness, especially in rural and underserved areas. Many people don’t know their basic consumer rights or how to seek redress. Even in urban areas, legal processes can seem intimidating and inaccessible.

    With digital commerce, new challenges like cross-border transactions, misleading ads, and jurisdictional issues have emerged.

    To address these, the framework must evolve by:

    • Expanding legal literacy through targeted outreach programs
    • Simplifying online complaint processes
    • Strengthening digital consumer protection mechanisms
    • Enhancing enforcement to ensure timely justice
    • Creating user-friendly forums for efficient dispute resolution

    Improving access and responsiveness will help make the system more inclusive and effective.

    How do you balance pro bono commitments with your commercial practice?

    For me, pro bono work is not just a commitment, it’s a principle. I believe access to justice should never be determined by one’s ability to pay.

    Balancing both requires discipline. I set aside dedicated time and ensure that pro bono matters are managed with the same attention as commercial cases. In fact, these cases often sharpen my empathy and creativity, enriching my approach to complex commercial matters as well.

    Pro bono work reminds me why I chose this profession—to make a meaningful impact. It grounds me and enhances the human side of my legal practice.

    Where do you see the greatest opportunities for young legal professionals today?

    There’s immense opportunity in emerging areas like data privacy, technology law, and insolvency law. With growing digital transactions and evolving privacy concerns, lawyers with expertise in tech-law intersections are in high demand.

    The IBC continues to offer opportunities in corporate restructuring, cross-border insolvency, and distressed asset resolution.

    Young lawyers should focus on:

    • Staying updated with legal-tech trends
    • Carving niches in emerging fields
    • Embracing specialization
    • Building digital fluency alongside legal expertise

    Those who adapt early to these trends will be best positioned to lead the future of legal practice.

    What advice would you give to law students or young advocates entering litigation?

    • Master the basics: Strong fundamentals are your best asset.
    • Seek mentorship: Learn from seasoned lawyers—it shapes your growth.
    • Be patient: Litigation is a long journey; focus on consistency and credibility.
    • Build relationships: Clients value trust, not just technical knowledge.
    • Work in teams: Collaborative success is sustainable success.
    • Use technology: Legal tech enhances efficiency and reach.
    • Specialize and build focus: Develop niche expertise to differentiate yourself. Alongside this, cultivate the habit of reading books—legal and otherwise. Deep reading enhances comprehension, critical thinking, and focus in a way that passive scrolling through social media never can.
    • Take care of yourself: Mental and physical well-being are vital for long-term growth.

    And most importantly stay curious, stay ethical, and stay resilient. Litigation rewards those who show up, stay prepared, and work with purpose.

    Get in touch with Dushyant Tiwari –

  • “International arbitration demands not just legal proficiency but also adaptability, cross-cultural awareness, and a strong grasp of commercial realities.” – Sarthak Gaur, Advocate-on-Record at Supreme Court of India.

    “International arbitration demands not just legal proficiency but also adaptability, cross-cultural awareness, and a strong grasp of commercial realities.” – Sarthak Gaur, Advocate-on-Record at Supreme Court of India.

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

    With your impressive and extensive legal background, what first ignited your passion for law? Was there a defining moment or experience that influenced your decision, or did your interest evolve gradually over time?

    As a first-generation lawyer, my journey into the legal field wasn’t a conventional one, nor was it influenced by early exposure or family tradition. In fact, until I was in 12th standard, I had never considered law as a career option. I was raised in an environment where engineering and medicine were viewed as the most respectable and secure professional paths. Surrounded by mainly engineers and scientists, I too felt the societal pressure to pursue these fields, especially during the early 2000s, when Computer Science and Information Technology were rapidly gaining traction and many of my seniors were securing promising opportunities both in India and abroad.

    Despite this prevailing narrative, I never truly felt drawn to either engineering or medicine. I found myself searching for something different, a discipline that would not only challenge me intellectually but also allow me to connect with the world in a more meaningful way. Around that time, I was also deeply interested in photography, which sparked my curiosity and creativity. However, during those years, building a stable career in photography seemed unconvincing and uncertain, particularly given the expectations around me. It was during my 12th grade in the year 2011-12 that I first came across the 5-year integrated law program. The more I explored it, the more I realised that ‘law’ resonated deeply with me.

    What attracted me most was the law’s interdisciplinary nature, its ability to intersect with almost every aspect of life, from economics and politics to human rights and technology. It struck me as a subject rooted in real-world issues, one that was dynamic, intellectually stimulating, and, most importantly, closely connected to society. This alignment felt natural to me, especially because I had grown up witnessing my parents’ active involvement in social work. Their dedication to community service instilled in me a sense of responsibility and an urge to make a meaningful contribution.

    Convincing my parents initially took some effort, given our family’s lack of familiarity with the legal profession. However, once they saw my determination and passion, they became my strongest supporters. Since then, they’ve been unwavering in their encouragement, always motivating me to excel and make a mark in this field.

    Looking back, choosing law was a turning point that defined not just my career, but my identity. What began as a curiosity evolved into a deep-seated passion, and I remain inspired by the impact this profession can have on individuals, communities, and the broader social fabric.

    Looking back at the early stages of your career, which experiences were pivotal in enhancing your understanding of the law? How did these formative moments shape the trajectory of your professional journey?

    Looking back at the early stages of my legal career, there were several defining experiences that significantly shaped my understanding of the law and laid a strong foundation for my professional journey.

    During my time in law school, I made a conscious decision to pursue a career in litigation. This clarity helped me seek out internships with litigation-focused law firms and seasoned advocates, where I was exposed to the practical aspects of the legal system early on. Beyond classroom learning, it was the experiences in moot courts, college seminars, and conferences that truly enriched my perspective. These platforms gave me the opportunity to engage with practising lawyers, judges, and professionals from diverse areas of law. I was also fortunate to have had the guidance and encouragement of some exceptional professors, whose mentorship played a crucial role in shaping my legal thinking. Their support and accessibility created a nurturing academic environment that motivated me to explore the subject deeply and confidently pursue a future in law.

    One of the most pivotal phases in my early career was my time at Parekh & Co., a reputed law firm in New Delhi. It was here that I transitioned from theory to practice. The firm provided me with hands-on exposure, and the mentorship I received from the partners and senior colleagues was instrumental in helping me build a strong legal foundation. I was entrusted with significant responsibilities early on, which greatly accelerated my learning curve.

    My professional development continued at Karanjawala & Co., where I had the chance to further expand my legal expertise across a wider range of matters. The firm offered a dynamic and fast-paced environment, where I was exposed to varied practice areas and a broad client base. It also allowed me to deepen my understanding of litigation strategy, court procedures, and the practice of law.

    Across both firms, I was fortunate to handle high-stakes and complex litigation, appear for prominent clients, brief some of the country’s top senior advocates, and even gain international exposure in specific legal domains. These experiences collectively played a pivotal role in shaping my professional outlook and strengthening my commitment to the field of litigation.

    Together, these formative years were essential in defining my career path. I had the benefit of working under exceptional mentors, gaining valuable practical insights, and being consistently challenged in ways that helped me grow as a legal professional. These opportunities not only nurtured my passion for law but also instilled in me a strong sense of purpose and resilience that continue to guide me today.

    Becoming an Advocate-on-Record is a significant accomplishment. How has this role influenced your practice, what responsibilities does it entail, and what opportunities have arisen as a result of this distinction?

    Becoming an Advocate-on-Record (AoR) in the Supreme Court of India is a significant professional milestone, and for me, it was a goal I had set early in my career. Having consistently worked with AoR firms (law firms officially registered with the Supreme Court owing to the presence of multiple AoRs), I was fortunate to be immersed in an environment that demanded high standards, deep procedural knowledge, and a commitment to excellence in litigation. This experience not only shaped my early understanding of Supreme Court practice but also inspired me to pursue the AoR qualification. Clearing the exam was both a deeply fulfilling personal accomplishment and a pivotal step forward professionally.

    The role of an AoR comes with exclusive responsibilities and privileges. Only Advocates-on-Record are authorised to file petitions, vakalatnamas, and other pleadings before the Supreme Court in their name. In addition to representing clients, AoRs are responsible for ensuring strict procedural compliance, coordinating legal strategy, briefing senior counsel, and serving as a vital link between the client and the apex court. To become an AoR, an advocate must undergo formal training and clear a rigorous examination, an intensive process that ensures only well-prepared professionals are entrusted with this role.

    For a first-generation lawyer, this distinction has been particularly empowering. It has enhanced my credibility, allowed me to represent more clients before the Supreme Court, and significantly expanded the scope of my practice. The AoR title is widely recognised as a mark of legal competence and reliability, which has naturally led to increased client trust and broader professional opportunities.

    At Vayam Legal, the law firm I co-founded, my qualification as an Advocate-on-Record has further strengthened our firm and added significant value to our litigation practice. It aligns with Vayam Legal’s commitment to delivering strategic, high-quality legal solutions across all forums, including the Supreme Court of India.

    Since attaining the AoR qualification, I’ve experienced a clear evolution in the nature of work I engage with, ranging from constitutional and commercial matters to public interest issues. It has reinforced my belief in the importance of long-term goals, continuous learning, and building a practice grounded in credibility and trust.

    In essence, becoming an Advocate-on-Record has not only strengthened my individual practice but also helped shape the vision and capabilities of Vayam Legal. It’s a responsibility I carry with pride and a milestone that continues to define my professional journey.

    Over the years, handling special leave petitions, civil, and criminal appeals before various courts and tribunals, which case stands out as both interesting and particularly challenging? How did you approach such a case, and what resources did you rely on?

    As I’ve mentioned earlier, I’ve had the privilege of working with some of the leading litigation firms in the country, which exposed me to a wide variety of matters across multiple forums, ranging from the Supreme Court and High Courts to tribunals and regulatory bodies. This diversity of experience has brought with it a number of cases that were both intellectually stimulating and professionally demanding.

    It’s difficult to single out just one case as the most interesting or challenging, as there have been several that tested my legal acumen in different ways. High-stakes commercial litigation, in particular, often stands out. These matters are inherently complex and highly contested, as both sides typically engage top-tier legal teams. The margin for error is minimal, and even the smallest legal point can tip the balance. Crafting a strong legal strategy, whether in advancing a claim or defending against one, requires not only deep legal research but also the ability to anticipate the opposing party’s arguments and prepare precise counterpoints. These cases challenge you to be at the top of your game, both in court and behind the scenes.

    On the other hand, I’ve also found cases relating to accessibility and inclusivity for persons with disabilities to be particularly meaningful. While these matters may not always involve procedural complexity, they are socially significant and present unique challenges in terms of real-world impact. With the introduction of the Rights of Persons with Disabilities Act, 2016, there has been a legal framework in place to empower persons with disabilities, but actual implementation, especially in rural and under-resourced areas, remains limited. Working on such cases provides an opportunity to contribute to a larger social cause, even though the challenge often lies not in obtaining favourable court orders, but in ensuring their effective enforcement.

    In both types of matters, commercial or public interest, the approach remains rooted in meticulous preparation, strategic foresight, and collaboration. I rely heavily on thorough legal research, insights from recent judgments, and sometimes interdisciplinary perspectives, especially in socially sensitive cases. These experiences have deepened not only my legal skills but also my sense of responsibility as a practitioner who can influence both legal outcomes and broader societal change.

    You have dealt with a range of matters in the Indian automotive manufacturing sector. What, in your experience, have been the major legal challenges in cases involving electric vehicles?

    I have had the opportunity to handle several matters in the automotive manufacturing sector, including those involving electric vehicles (EVs). These cases have largely revolved around tender disputes, mediation, and arbitration, each presenting unique legal and strategic challenges.

    The Indian EV sector, being relatively new and rapidly evolving, brings with it a distinct set of legal complexities. One of the major challenges I’ve encountered involves the interpretation and application of tender conditions in public procurement, especially for electric buses and related infrastructure. As government-backed tenders are central to EV adoption, disputes often arise over eligibility criteria, technical specifications, and compliance, requiring a deep understanding of administrative law, procurement procedures, and the technology involved.

    Another recurring issue is the absence of stable regulatory standards. As the policy landscape continues to develop, frequent changes or ambiguities, particularly concerning battery safety, environmental clearances, and fiscal incentives, often create uncertainty. 

    With increased EV adoption, challenges are also emerging in areas such as product liability, safety compliance, and consumer protection. 

    Overall, dealing with matters in the EV space requires not only legal expertise but also a strong grasp of the sector’s fast-changing regulatory and technological landscape. It has been both a challenging and rewarding area of practice, offering insights into the intersection of law, policy, and innovation.

    In handling matters under the Copyright Act, 2012, particularly with respect to the use of music during marriage processions and social events, what key legal challenges have you encountered?

    In matters involving the use of music during marriage processions and social events under the Copyright Act, 1957 (as amended), one of the key legal challenges has been the interpretation of Section 52(1)(za), which exempts performances during bona fide religious and certain social functions from being considered infringement.

    The complexity often lies in determining whether the exemption applies when such events are hosted in commercial venues. The question typically arises as to whether the setting alters the personal or social character of the function, especially when claims are made that licensing fees are required despite the event being a private celebration like a wedding.

    These matters frequently involve navigating the tension between copyright enforcement and longstanding cultural practices. It becomes essential to analyse the legislative intent behind the exemption, relevant judicial precedents, and the extent to which such performances are truly commercial in nature.

    Another layer of difficulty is the practical enforcement and compliance landscape, where different interpretations can create uncertainty for event organisers and service providers. Addressing these challenges requires a nuanced understanding of copyright law, industry practices, and the social context in which such events occur.

    When representing clients in high-stakes international arbitrations, especially where foreign laws are applicable, how do you typically approach the complexities of cross-border legal frameworks?

    Approaching high-stakes international arbitrations, particularly those involving foreign laws and cross-border parties, requires a carefully structured and collaborative strategy. One of the key complexities lies in reconciling different legal systems, especially when the governing law of the contract differs from the procedural rules of the arbitration.

    These matters typically require close coordination with foreign legal experts to ensure accurate interpretation and application of the applicable substantive law. Working across jurisdictions also means navigating diverse legal traditions, commercial practices, and procedural expectations, which makes clarity in drafting, advocacy, and case presentation especially important.

    Effective communication with international stakeholders, whether clients, opposing counsel, or arbitral tribunals, is essential, as is an understanding of cultural nuances and business sensitivities. Strategic planning, well-supported evidence, and cohesive teamwork are all crucial to managing the complexity in disputes.

    Overall, international arbitration demands not just legal proficiency but also adaptability, cross-cultural awareness, and a strong grasp of commercial realities, especially when foreign laws and parties are involved.

    What advice would you offer to aspiring law students who wish to follow in your footsteps and build a successful career in law? What skills or qualities do you think are essential for success, especially in the evolving field of technology law?

    Law has become a highly respected career, and with the rise of top law schools, the standard of legal education has improved significantly. For aspiring law students, it’s crucial to build a strong foundation through both classroom learning and internships. Early exposure to practical work helps in understanding various legal fields and in making informed career choices, whether in litigation, judiciary, corporate law, or in-house roles.

    Clarity of direction, combined with patience, perseverance, and a positive attitude, is key to long-term success. The legal profession often demands time and resilience before tangible results appear, especially in litigation.

    As law continues to evolve alongside technology, students must stay adaptable and committed to continuous learning. Familiarity with areas like data protection, intellectual property, and tech regulation will be increasingly valuable. Above all, success in law comes from consistency, ethical practice, and a genuine passion for the profession.

    Balancing a successful career with a commitment to public service and education is no small feat. How do you maintain a healthy work-life balance, and what advice would you give to others who aim to follow a similar path while managing both professional and personal responsibilities?

    Law is undoubtedly one of the most demanding professions, both mentally and physically. The long hours, high-pressure environments, and the constant need for precision make it challenging to maintain a work-life balance, let alone dedicate time to public service or education. However, I firmly believe that striking this balance is not only possible but also essential for long-term growth and well-being.

    Constantly working without pause or personal reflection can lead to early burnout and diminished productivity. Incorporating activities outside of regular practice, such as contributing to legal education, engaging in pro bono work, or participating in public interest initiatives, provides a healthy shift in perspective. These engagements allow one to step out of a purely commercial mindset and reconnect with the broader role of law in society. They also remind us of the lawyer’s place as a trusted advisor, problem-solver, and social contributor.

    I also find that travelling and meeting people from different walks of life play an important role in maintaining balance and staying inspired. Travel gives me a chance to step back, recharge, and return to work with a fresh perspective. Interacting with people from diverse backgrounds broadens my understanding of society, exposes me to different viewpoints, and often shapes how I approach my work.

    Maintaining balance doesn’t mean taking grand measures; it’s often about small, conscious steps, setting clear boundaries, taking short breaks, or making time for personal interests. Even small efforts can help preserve clarity, resilience, and creativity in a demanding field.

    To those aspiring to build a meaningful and well-rounded legal career, I would say, stay dedicated to your professional goals, but always make space for causes and interests that keep you rooted and inspired. This balance not only prevents burnout but also enriches your journey as a lawyer in ways that pure professional success alone cannot.

    Get in touch with Sarthak Gaur –

  • “The allure of working at the apex court and daydreams of arguing before a Constitution Bench inspired my aspiration to become an AoR.” – Shivank Pratap Singh, Advocate on Record at the Supreme Court of India.

    “The allure of working at the apex court and daydreams of arguing before a Constitution Bench inspired my aspiration to become an AoR.” – Shivank Pratap Singh, Advocate on Record at the Supreme Court of India.

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

    Becoming an Advocate-on-Record is a notable milestone. How has this role influenced your practice, and what added responsibilities and opportunities has it brought with it?

    At the felicitation event for the Advocate-on-Record (AoR) cohort I was part of, one of the office bearers remarked on how many current Supreme Court judges and successful senior advocates once held the AoR designation. I fully agree, it is indeed a significant milestone. From the very beginning of my legal career, I have been involved in matters before the Hon’ble Supreme Court. Even as a law student, while interning with a Senior Advocate who was then the Additional Solicitor General of India, and another renowned Advocate-on-Record, my interest in practicing at the Supreme Court grew substantially. The allure of working at the apex court and daydreams of arguing before a Constitution Bench inspired my aspiration to become an AoR. Professionally, becoming an AoR has had a profound impact on my practice. A significant portion of my clientele comprises corporates, PSUs, and government bodies, many of whose matters ultimately reach the Supreme Court. Knowing that I am an AoR provides them the assurance that I can seamlessly handle their cases from initiation to conclusion. Furthermore, the AoR designation has opened new avenues, particularly access to appeals originating from courts outside Delhi, which make up a large portion of the Supreme Court’s docket. This has allowed me to engage with unfamiliar legal terrains, such as matters relating to mining or religious endowments, that are not commonly litigated in Delhi, thereby broadening both my exposure and expertise.

    You began your career with some of the top law firms in the country. What were some of the most impactful experiences during that time that significantly shaped your professional trajectory?

    Looking back, I feel quite lucky to have started out at some of the leading law firms in India. Making the shift from law school to a Tier-1 firm was a bit of a shock to the system at first. One day you’re attending lectures and the next you’re handling serious matters for big companies, many of them multinationals with huge stakes involved. There was a real sense that everything had to be perfect from the get-go, especially when it came to drafting and research. As a junior associate, that kind of pressure can either rattle you or sharpen you.

    In my case, I think it did the latter. The fast-paced, high-stakes environment taught me to be meticulous and put in the work, right from day one. That habit stuck, and it’s something I still carry with me, no matter what kind of matter I’m dealing with.

    One memory that stands out from those early days was when I was asked within my first week to brief Mr. P. Chidambaram, Senior Advocate, on a writ petition related to service tax. I won’t lie, I was nervous. I stayed up most of the night going over every detail of the case so I’d be ready. It was a trial by fire, but somehow, it went well and gave me a real boost of confidence.

    Beyond individual moments, what really shaped me was the overall work culture particularly during my time at AZB & Partners and Cyril Amarchand Mangaldas. I got to work with international clients and interact with foreign lawyers, which gave me a fresh perspective. One thing that really stood out was how structured and transparent their approach was; frequent updates, clear timelines, and detailed billing were the norm. I’ve tried to bring some of that structure into my own work now, and it’s definitely helped in building better client relationships.

    Having worked with both reputed law firms and Senior Advocates, what key differences have you observed in terms of work environment, nature of responsibilities, and overall approach to legal practice?

    The common aspect of both law firms as well as senior advocates is that as associates/juniors there is an expectation of high level of professionalism. Working in a dispute resolution team at a law firm entails a lot of team work and coordination. Law firms also have a hierarchical structure and within a few years an associate upon getting promoted is expected to lead, guide and train junior members of the team as well. It is also noteworthy that in full service law firms we often worked with lawyers from corporate, transaction and tax teams where their clients got into matters of litigation. This is an advantage of working at full service law firms where even though you may be in a litigation team, there are instances where you get to experience and work along with peers from different practice areas which broadens your horizon. In contrast, when you are working with a senior advocate, there is no hierarchy as such and juniors are expected to directly assist the senior. In turn, however, you get to learn directly from the senior who has decades of experience in the field. There is also no expectation or requirement to lead or supervise other chamber members as each of them would assist the senior in their individual capacities. As far as the responsibilities are concerned, there is a clear distinction in role one plays as a lawyer at a law firm in contrast to a junior in the chamber of a designated Senior Advocate. Most of your readers would already know that Senior Advocates do not engage with litigants directly and the solicitors are their clients essentially. Further, Senior Advocates chambers do not draft pleadings and do not file matters. The aforesaid tasks are to be executed with great sincerity and precision in a law firm. I was lucky to have incredible mentors like Ms. Roopali Singh, Former Senior Partner AZB and Partners and currently the head of dispute resolution at Vritti Legal. I learnt the basics and nuances of drafting under her tutelage. In the initial years of practice at law firms, all filing related tasks are handled by the junior members of the team in collaboration with the court clerks. It is an art to file a petition with minimal or no defects and in cases which are time sensitive and urgent in nature, it can be a make or break thing. I think my experience in law firms also helped me gain proficiency in filing procedures dealing with the registry which is often overlooked as a rudimentary task. 

    In contrast, working with a senior advocate is totally focussed on mastering the facts and the law of the case and working with the Senior to bring out the most impactful and precise arguments for addressing the court. My Senior, Mr. Prashanto Chandra Sen, Senior Advocate is a product of Dr. AM Singhvi’s chamber and the first thing I learnt from him was a particular style of preparing a note for arguments which he had learnt from his senior, Dr. Singhvi. This consists of a list of relevant dates, submissions and response to contra points. I still follow this format for matters that I argue on my own and even for briefing other Senior Advocates in my matters. Working in a senior’s chamber also means more number of cases to deal with on a daily basis for hearings as compared to a big law firm where the number of hearings per day would be significantly lesser. 

    With a background in Computer Science (BTech), what inspired your transition to a career in law? How did your experience in law school shape your journey, and in what ways has your engineering education contributed to your legal practice? 

    A career in law was never on my list. I had started preparing for MBA exams like CAT in my final year of engineering and scored well in my first attempt. I decided to improve my score to get into a top IIM and dropped a year after completing Btech to reappear in CAT. In the meanwhile, on a friend’s suggestion, I gave the Delhi University, Faculty of Law entrance and cleared that. I enrolled and started attending classes out of curiosity. As fate would have it, I liked what was being taught in law college and jettisoned the plan of doing the MBA, leading to a switch in a career to law. 

    The Delhi University 3 year course experience is quite different from 5 year BA LLB residential programs. Even though we had excellent professors, there was a lack of guidance regarding career options post law school. So I decided it was best to intern as much as possible and get a taste of different practice areas and offices. Being in Delhi helped because there were several options from law firms to reputed chambers where one could look to land an internship. After interning extensively in various offices, I felt that being a first generation lawyer, the best option for me was to join a law firm preferably a tier one firm which pays well ;). I was lucky to intern a couple of times at the AZB and Partners Delhi Office and had offers to join the capital markets team and dispute resolution team. Given my interest in litigation I chose the latter. That was the formal start of my journey in litigation which I thoroughly cherish. 

    My science and engineering background has helped me immensely in practice. This was felt particularly while working on matters of interstate river water disputes where I was on the legal team from the State of Andhra Pradesh, led by Mr. R Venkatramani, Sr Adv and presently Attorney General of India. Water disputes require advocates to understand highly technical concepts related to hydrology, cropping etc. which in my humble opinion can be grasped better, faster and deeper by a student of science and technology as compared to someone who hasn’t received training and education in sciences. Even in my construction arbitration practice I have reaped the benefit of my science background, particularly on disputes arising out of issues relating to design and specifications in a construction contract. 

    You’ve advised and represented construction and project management firms in high-stakes arbitration involving contractor and subcontractor disputes. What are some of the recurring challenges in such matters, and how do you approach them to secure effective outcomes?

    A lot of claims in construction and infrastructure disputes arise out of delays. Delays can be on many accounts,  Invariably, when there is a dispute between a private party and government entity, it is the latter who is blamed to cause delay. Delays could arise on various counts such as lack of statutory approvals, late handover of site, change in scope of work and delay in delivery in drawings and designs, which are out of the contractor’s control. On the other hand, if a contractor defaults in its obligations and causes a delay, claims for liquidated damages (if already specified in the contract) or damages for breach can be made against the contractor by the principal. These are situations which should be handled tactically at an early stage before an aggrieved party precipitates the issue to become a legal dispute. A lot of these disputes can even be avoided by careful drafting of contracts which eliminates ambiguity. Proper contract management and risk mitigation is another aspect that parties must consider to avoid and reduce potential liabilities in the event a dispute arises. Once a dispute has been referred to arbitration, the first thing I would try to achieve, in case I am representing a claimant, is to identify if there are special equities in its favour which might result in getting interim relief in the form of stay on bank guarantees and forfeiture of security deposits. This is extremely difficult, albeit, not impossible and can go a long way in securing some level of financial relief for a party at the very inception of a dispute. I also believe that bringing on board experts can prove critical for the outcome in complex arbitration matters. The impact that experts make is greater in cases where there is a sole arbitrator who is trained judicially as a judge or an advocate. Expert reports along with oral testimonies can often bring the desired clarity to an arbitrator’s mind which can tip the scales in such disputes. 

    Another great challenge that counsels may face is the ‘Arbitrator’. Today we have a lot of talks, conferences and events centred on the arbitration practice. Every month something would be organized where lawyers, judges, in-house counsel, people from the law ministry come and give speeches about making India a hub for international arbitration, how challenge to awards and court interference should be limited etc. However, a topic which is often overlooked is the quality of arbitrators we have in our country, particularly with respect to their integrity. Unfortunately, if a party is pitted against an arbitrator who is deciding the matter for extraneous reasons, an effective immediate solution may not always be on the cards. In such cases it may be wise to come to a reasonable settlement. 

    Representing the Union of India and UPSC before various judicial forums, including the Supreme Court, involves complex litigation. How do you manage the legal and strategic dimensions of handling high-stakes public and service law matters on behalf of the government?

    In my humble opinion, the most important part about litigating on behalf of the government is to get proper instructions from the concerned officers. I have been lucky to have worked with incredibly competent and energetic officers during my tenure as a panel counsel with various government entities which has helped me in effectively representing them before Courts. In the Supreme Court, the critical cases involving the Union of India are led by the Additional Solicitor Generals, the Solicitor General and the Attorney General. Briefing such stalwarts on matters which involve questions of interpretation of the constitution, issues related to national security, legality of policy decisions which has implications of thousands of crores is like doing a masters of law on these subjects with real life implications. Working closely with these Seniors on 300 + matters in the Supreme Court, often handling 5 fresh cases a day has helped me develop an instinct to identify what is most important in a petition to highlight and show to the Court. This experience has helped me with the skill to manage client expectations and offer better advice regarding the reliefs that are likely to be granted in their favor, rather than what is initially requested and prayed for. This is an essential part of advocacy whether you are representing the government or a private party. Sometimes our instincts may not be accurate enough, and the client may benefit from providence and get the relief they expected rather than the conservative outcome predicted by their advocate, however, such victories also taste sweet. 

    Looking back, what has been one of the most challenging cases in your career so far, and how did you approach and resolve the complexities involved?

    Well, every case is challenging and has a certain degree of complexity involved, we wouldn’t be in Court otherwise ! I will, however, talk about a couple which came first to my mind when I read this question. This is a recent one where I was appointed as an amicus by the Supreme Court for an accused to whom notice could not be served and accordingly, he didn’t appear before the court. As we know, criminal matters cannot proceed ex parte, so I was appointed to assist the court on behalf of the accused. The allegations in this case were very grave which attracted provisions of POCSO. The challenge here was that I was representing a client who I never interacted with, which was a first for me. Upon thorough and meticulous examination of the trial court record, I successfully presented a defence that was accepted by the Court, resulting in the confirmation of his acquittal against the prosecution’s case.

    A second very challenging case was one where I appeared on behalf of the revenue authorities before the Supreme Court and the question of interpretation of a customs and excise circular was involved. The other side was represented by Mr. Arvind Datar Sr Adv. After Mr. Datar’s arguments were concluded, the bench was convinced that I had no case, in fact the question put to me was – “what is left to argue now ?”. It is only because I had extensively prepared the matter, made a comprehensive note for arguments which had all the relevant page numbers cross referenced and had a compilation of judgments which was again numbered with an index which indicated the relevant paragraphs, that I could persuade the court to consider my submissions which lasted for around 45 minutes. It involved rigorous grilling from the bench as well. The judgment was reserved and the opposite party got the relief sought, but the experience I gained was something remarkable and gave me the confidence to have faith in myself irrespective of the stature and calibre of the counsel on the opposite side.  

    Given your diverse expertise across litigation and arbitration, what guidance would you offer to young lawyers who are just starting out, especially those aspiring to build a robust career in litigation?

    Today a fresh graduate who wishes to pursue litigation has 3-4 different kinds of workplaces to start out. It could be the chamber of an advocate or senior advocate, a law firm, an in-house role where substantial litigation work exists or as a research associate/law clerk with a High Court or Supreme Court Judge. Out of these, 3 roles are transitory and one cannot continue in that position or establishment for their entire career. Law firms are one such place where you can start as an associate and rise up the ranks in a fairly structured and predictable manner. I would suggest someone who is a first generation lawyer without significant financial support from their family who does not have a great appetite for risk and uncertainty (which is certain in private practice), should try and join a law firm. It will give them financial stability, reasonable exposure to courts along with other advantages of working in law firms which I have already touched upon in some earlier questions. People who are passionate about law and want to build their own practice in the future should join a busy chamber and then look for a good senior’s chamber to polish and sharpen their skills further. Another thing worth noting in litigation is that one should be ready and available to work everyday of the week for long hours on a consistent basis under mentors and bosses who are strict and demand the highest standards. Going through such rigours is the best thing that a budding litigator can do for themselves. A quote attributable to a great figure- Abraham Lincoln may give my suggestion more context, which goes – “You can’t sharpen your razor on velvet”

    Is there a core philosophy or guiding principle that you’ve followed throughout your legal career? Looking ahead, how do you envision the growth of your practice in the evolving legal landscape in India?

    I have been a lawyer for a decade now. A core philosophy or guiding principle which has been there through and through is absent as far as I am concerned. But along the way I have learnt a few things which guide me now and I view them as beneficial generally. 

    There is one quote that I picked up from a book called “The 38 Letters from JD Rockefeller to his Son”. In one of the letters JD Rockefeller tells his son that – “To eat an elephant, you need to eat one bite at a time. The same goes to when you are doing something. If you want to accomplish everything in one go, you will only let the opportunity slip away.”  

    So, this field is a big elephant, you have to eat it one at a time. We cannot be an expert in every field of law or build a great network or have a great team or accomplish several other things which are essential for a successful practice, all at once. If we attempt that, there will be chaos which would lead to anxiety and nothing will be accomplished. Therefore, my 2 cents on an approach to a career in law would be to gradually advance, be patient, and take actions which are planned, structured and precise. This will slowly build into something very impressive and worth cherishing.  

    The second would be to be bold and ready to get outside your comfort zone. When I observe, read and hear about the great individuals who have been in this profession, the thought which comes to my mind is that if they could do it, why not me. This thought keeps me going when the chips seem to be down and doubt arises. 

    Third and last one is – to prioritise learning and upskilling. Look out for the latest trends and take the first mover advantage in this highly competitive market. 

    We are a rapidly growing firm led by two partners and one tax consultant. Apart from the conventional practice areas we are also looking at the future and emerging fields such as law and regulations surrounding AI, its impact on intellectual property, cybersecurity, energy law and data privacy. These fields are interesting from an academic as well as practice stand point. Jurisprudence on these subjects will rapidly develop in the future. As I have said before, there are opportunities for the early entrants which is golden for new firms like ours as the entry barriers are less. It goes without saying that we will build upon our strengths and continue serving our existing clients with top notch tier one level service in a cost effective manner, while we strive to grow by expanding our teams and clientele.  

    Get in touch with Shivank Pratap Singh –