Super Lawyer

Category: Supreme Court

  • “My approach to handling high-profile constitutional cases and PILs, particularly those involving the Union of India is grounded in rigorous legal research, collaboration with seniors, and a steadfast commitment to upholding constitutional integrity.” – Sahil Sood, 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 background in law, what initially sparked your passion for pursuing a legal career? Was there a specific moment or experience that motivated your decision, or did your interest gradually evolve over time?

    My passion for a legal career ignited during my early twenties, sparked by a single, transformative experience. I was working a summer job at a local nonprofit when I sat in on a community meeting where a pro bono lawyer was helping a group of tenants fight an unjust eviction. The way that lawyer wielded the law, calmly dismantling the landlord’s arguments with precision and turning a seemingly hopeless situation into a victory for those families, was nothing short of inspiring. 

    It hit me then: the law wasn’t just a set of rules; it was a tool to level the playing field and give a voice to those who might otherwise be silenced. I started reading everything I could about legal precedents and civil rights, and I found myself drawn to the intellectual challenge of untangling complex problems. 

    Law school only amplified that drive, as I discovered the satisfaction of building a case and seeing it through. Over the years, what began as a spark of admiration has matured into a deep-seated passion for using my skills to advocate, solve problems, and uphold justice—whether in the courtroom or beyond.

    Given your varied internship experiences at prestigious firms, how did these formative experiences shape your legal perspective? How did they guide your eventual decision to specialize in arbitration and energy law, which have become key pillars of your practice?

    My internships at prestigious law firms provided a robust foundation for my legal perspective and career trajectory. V. Shekhar Mohan, a distinguished Senior Advocate, was the first in this fraternity to guide me when I was in my first year, mentoring me throughout my five years of college during my internship with him; tragically, his passing during COVID-19 was a profound loss to the legal community, where he had served as a Special Tax Counsel and amicus curiae in numerous matters before the Supreme Court.

    I also interned  in corporate law, where I assisted in drafting agreements and gained insight into the intricacies of business transactions—an experience that honed my analytical skills. Subsequently, I have interned at leading laws firms of India including Khaitan & Co, Amarchand Mangaldas (now Shardul Amarchand and Cyril) , Luthra & Co (Now Split into Luthra and Saraf) specializing in real estate law, where I engaged with property transactions and regulatory frameworks, deepening my appreciation for precision and detail. My most formative experience came during an internship focused on mergers and acquisitions, where I contributed to due diligence and risk assessments for large-scale corporate deals. The intellectual rigor and strategic thinking required in that environment profoundly influenced my approach to problem-solving.

    Upon graduating, I joined the office of the Additional Solicitor General at the Delhi High Court, where I spent several years immersed in high-stakes litigation and advisory work. This role exposed me to complex constitutional and public policy matters, refining my advocacy skills and broadening my understanding of legal systems at the intersection of law and governance. Following this, I transitioned to private practice at leading law firms, where my focus shifted toward arbitration and the regulatory sector, particularly energy and petroleum law. My early exposure to arbitration during internships resonated with me, as I valued its efficiency and resolution-oriented nature—qualities well-suited to the corporate and M&A work I had encountered. 

    In the energy domain, I developed expertise in regulatory frameworks, including the operations of DISCOMs and the tariff-setting processes overseen by electricity commissions, which involve navigating intricate balances of cost, compliance, and policy. These experiences collectively shaped my specialization. 

    The internships instilled a versatile skill set and curiosity for complex legal challenges, while my tenure at the ASG office provided a rigorous grounding in advocacy and public law. Together, they guided me toward arbitration and energy law, which now form the cornerstones of my practice, blending practical dispute resolution with the dynamic regulatory landscape of critical industries.

    Your involvement in assisting senior counsels on landmark constitutional matters and public interest litigation is truly commendable. Could you provide insights into your approach when handling high-profile constitutional cases, particularly those involving the Union of India or challenging critical policy decisions?

    My approach to handling high-profile constitutional cases and public interest litigation, particularly those involving the Union of India or challenging critical policy decisions, is grounded in rigorous legal research, strategic collaboration with senior counsels, and a steadfast commitment to upholding constitutional integrity. Over the years, assisting senior counsels on landmark matters has equipped me with the tools to navigate complex legal frameworks, anticipate executive responses, and advocate effectively for justice.

    One notable instance was my involvement in the Serious Fraud Investigation Office (SFIO) matter concerning Bhushan Steel, where I assisted senior counsel in addressing allegations of financial misconduct involving the diversion of funds through  associated companies. My role included analysing extensive financial evidence to support arguments on corporate accountability within constitutional and statutory bounds—an exercise that demanded precision under intense scrutiny. 

    Similarly, I contributed to arbitrations between the Government of India and other countries, where I helped interpret treaty obligations and domestic laws like the Arbitration and Conciliation Act. These cases often required ensuring India’s sovereign interests were robustly defended, drawing on precedents like White Industries to address enforcement delays, blending constitutional and international law perspectives.

    I’ve also assisted in cases where procedural challenges arose, such as matters before tribunals that could not proceed due to an incomplete quorum. For instance, I worked with senior counsels on disputes where the absence of requisite tribunal members stalled adjudication, requiring us to strategize interim reliefs or push for administrative resolutions under constitutional provisions like Article 14 and 21. These experiences underscored the importance of adaptability and leveraging judicial oversight to address systemic gaps.

    In another significant case, I supported senior counsel in a citizenship matter involving a Pakistani citizen visiting India. This involved dissecting the Citizenship Act alongside Article 14, balancing national security with individual rights. The Rakesh Asthana matter at the CBI was equally impactful. I assisted the ASG involving Sathish Sana Babu in the money laundering case related to the controversial meat exporter Moin Qureshi.

    Currently, I’m engaged in two critical PILs. One seeks approval for regulated stem cell therapy under Article 21, where we’ve achieved a milestone with the High Court granting permission for its use in autism cases. My role involves coordinating with medical experts and advocating for a broader regulatory framework, aligning public health with constitutional rights. 

    The second, still pending, addresses the tragic death of a child due to alleged negligence by GNCTD hospitals and schools. We’re examining lapses in duty of care, drawing on precedents of state liability, and seeking both compensation and structural reforms—though the case remains unresolved due to ongoing proceedings.

    Across these matters, my approach remains consistent: anchor arguments in constitutional doctrine, collaborate closely with seniors to refine strategy, and pursue outcomes that balance individual rights with public interest. Whether addressing Union policies, tribunal delays, or systemic negligence, I aim to ensure the law serves as a robust instrument for accountability and equitable relief.

    What inspired you to take the bold step of establishing your own practice? Was there a particular vision or experience that motivated you to venture into entrepreneurship within the legal field, and how has this decision shaped your professional journey?

    The decision to establish my own practice was a bold evolution, sparked by a wealth of professional experiences and the transformative guidance by the seniors I have worked with. 

    In my early years, Maninder Acharya, Senior Advocate, laid the bedrock of my legal journey. She instilled in me the essentials—ethical practice, thorough preparation, and professionalism—equipping me with the resilience and integrity needed to navigate the initial challenges of a legal career. 

    Later, it is Dama Seshadri Naidu, Senior Advocate and former judge of the High Courts of Hyderabad, Kerala, and Bombay, who inspired me to take the entrepreneurial leap into chamber practice. His mentorship elevated my capabilities, sharpening the advanced skills that now define my independent work. His influence is profound and multifaceted. A seasoned jurist turned advocate, he brought a rare blend of judicial insight and courtroom mastery to his mentorship. Having served on three High Courts, he adjudicated complex constitutional and regulatory disputes, and his return to practice as a Senior Advocate in 2021—arguing before the Supreme Court—demonstrated a fearless adaptability that he urged me to emulate. 

    He saw chamber practice as the ultimate test of a lawyer’s mettle, and he took it upon himself to refine my abilities to meet that standard. He sharpened my drafting skills, insisting on clarity and precision. His feedback was exacting: ‘A good lawyer argues; a great lawyer persuades,’ he’d say, pushing me to craft submissions that were not just sound but compelling.

    He also honed my advocacy skills, emphasizing the art of oral argument. His tenure as a judge had given him an uncanny ability to spot weak links, and he trained me to pre-empt them. Beyond technical skills, he instilled a strategic mindset—how to read a case’s broader implications, a perspective honed from years of authoring judgments. His passion for legal education, evident in his guest lectures at judicial academies  and it inspired me to deepen my own research, ensuring my arguments were rooted in robust precedent and policy. He pushed me to lead these cases independently, refining my drafts to withstand scrutiny and my arguments to drive systemic change.

    Establishing my own practice was the culmination of this journey. Dama Seshadri Naidu’s vision—that a lawyer’s true strength lies in autonomy—aligned with my desire to focus on constitutional advocacy, arbitration, and regulatory reform, passions forged through energy and petroleum law work. His training empowered me to tackle the cases with expert collaboration. 

    This path is demanding—building a practice requires grit—but with his mentorship, it’s become a platform to effect change on my terms, reflecting the excellence he demanded.

    As an Advocate on Record at the Supreme Court of India, how do you navigate complex legal issues in representing clients in arbitration and cases under the Arbitration Act? Can you share examples of particularly challenging cases that tested your legal expertise?

    As a recently appointed Advocate on Record at the Supreme Court of India, I draw on years of handling matters before the apex court to navigate complex legal issues in arbitration and cases under the Arbitration and Conciliation Act, 1996. My approach hinges on a deep dive into statutory frameworks, a strategic grasp of judicial restraint, and relentless preparation to represent clients effectively—whether in arbitration disputes or broader civil litigation. The Supreme Court’s nuanced oversight demands precision, and my role as an AoR amplifies my responsibility to streamline filings and argue with clarity, honed over time through challenging cases.

    One case that tested my expertise was an election matter under the anti-defection law in the Tenth Schedule. Representing a party contesting a legislator’s disqualification, I grappled with interpreting ‘voluntarily giving up membership’ against merger exceptions. Another arbitration matter involved a clause drafted to exclude ‘financial defaults’ from arbitration, limiting remedies to civil courts. I argued under Section 11, citing Vidya Drolia v. Durga Trading Corporation, to sever arbitrable disputes while preserving parallel remedies—a tightrope walk of contract interpretation and jurisdiction.

    An SLP against a Section 37 order under the Arbitration Act posed a steeper challenge. The appellate court had upheld an arbitral award my client deemed unconscionable, and the Supreme Court’s minimal interference narrowed my window. I crafted the plea around ‘patent illegality’ under Section 34, distilling a dense record into a focused argument, testing my ability to balance arbitration’s finality with judicial review. Contempt matters have been equally demanding, especially when my client faced direct contempt. In one instance, a senior official’s public defiance of a court order triggered suo motu proceedings. Defending required navigating the Contempt of Courts Act, securing compliance through apologies, and arguing proportionality—stretching the diplomacy and advocacy under fire. Complex property civil suits have also been a significant part of my practice, often involving intricate interpretations of the Code of Civil Procedure (CPC). 

    Execution proceedings further complicate matters. Enforcing arbitral awards and court decrees—whether against reluctant parties or tangled assets—often faces resistance, like in a case where a decree holder struggled to attach property due to third-party claims. 

    As an AoR, I now channel these lessons into tackling the Supreme Court’s exacting standards, ensuring complex issues—from arbitration to CPC-driven suits—find resolution through rigorous, client-focused advocacy.

    In your experience representing DISCOMs, transmission companies, and PSUs before various courts and tribunals, what are some of the key challenges you face in interpreting and enforcing the Electricity Act, 2003? How do you ensure that your clients comply with its evolving regulations?

    1. Key Challenges in Interpreting and Enforcing the Electricity Act, 2003
    • Unclear Rules and Provisions:   


    The Electricity Act, 2003, aims to modernize India’s power sector by encouraging competition and consumer benefits, but some of its sections—like those governing open access to transmission lines or setting tariffs—are not clearly defined. This lack of clarity often leads to disagreements between companies, regulators, and consumers, resulting in legal battles before courts or tribunals like the Appellate Tribunal for Electricity (APTEL). For example, terms like “non-discriminatory access” can be interpreted differently, creating confusion.

    • Frequently Changing Regulations: 


    The power sector is dynamic, with new rules, amendments, and policies introduced regularly by the Central Electricity Regulatory Commission (CERC), State Electricity Regulatory Commissions (SERCs), and the Ministry of Power. For instance, requirements like renewable purchase obligations (RPOs) or grid stability standards evolve over time. Keeping up with these updates is tough, especially when court rulings may not yet reflect the latest changes, leaving companies uncertain about compliance.

    • Financial Struggles of DISCOMs:


    Many Distribution Companies (DISCOMs) face significant financial losses due to high operational costs, unpaid bills, and subsidies they must provide. This financial strain makes it challenging to invest in infrastructure upgrades or meet regulatory mandates under the Act, such as reducing losses or adopting new technologies. Transmission companies and PSUs also face pressure to balance profitability with public service obligations.

    1. How Compliance is Ensured
    • Staying Updated with Changes: 


    Companies must actively monitor updates to the Electricity Act, regulatory notifications, and judicial decisions. This involves reviewing orders from CERC, SERCs, and government policies to ensure their operations align with the latest requirements.

    • Relying on Expert Guidance: 


    Legal and technical experts play a key role in interpreting complex provisions of the Act and advising on compliance. For instance, they help navigate tariff disputes or ensure adherence to open access rules, reducing the risk of penalties or legal challenges.

    • Training and Awareness: 


    Regular training programs for employees—covering topics like regulatory obligations, renewable energy targets, or consumer rights—help ensure that staff understand and implement the Act effectively. This is especially important for frontline teams dealing with customers or grid operations.

    • Strategic Planning and Execution: 


    Companies develop long-term plans to meet mandates, such as integrating renewable energy sources or reducing transmission losses. This might involve upgrading infrastructure, improving billing systems, or securing funds to address financial gaps, ensuring they comply with both the letter and spirit of the Act.

    1. By addressing these challenges with proactive measures, DISCOMs, transmission companies, and PSUs can better navigate the complexities of the Electricity Act, 2003, and its evolving framework

    You’ve represented a diverse range of clients, from builders and road contractors to energy companies. What are the most significant legal hurdles these industries face, particularly in terms of contract disputes, compensation claims, and force majeure events especially during challenging times like the pandemic?

    1. Contract Disputes
    • Construction Industry (Builders and Road Contractors): 
      Contract disputes often arise due to delays in project timelines, cost overruns, or disagreements over scope of work. For instance, builders may face conflicts with clients or subcontractors over incomplete payments or quality of materials, while road contractors deal with government agencies disputing milestones or penalties for delays. Ambiguities in contract terms—like unclear deadlines or variation clauses—frequently escalate these issues.
    • Energy Companies:
      DISCOMs, transmission firms, and PSUs often encounter disputes over power purchase agreements (PPAs), tariff adjustments, or delivery obligations. For example, a DISCOM might argue with a generator over pricing during low demand, while transmission companies face disputes with contractors over infrastructure delays. Rigid contract terms can complicate renegotiation during unforeseen events.
    1. Compensation Claims
    • Construction Industry:
      Builders and road contractors often file compensation claims for additional costs incurred due to delays, such as extended equipment rentals or labor expenses. However, proving entitlement to compensation is tough—clients or government bodies may reject claims citing inadequate documentation or failure to mitigate losses. During the pandemic, claims surged due to halted work, but proving the extent of loss was a hurdle.
    • Energy Companies:
      Energy firms, especially DISCOMs, face compensation disputes with consumers or suppliers. For instance, consumers may demand refunds for outages, while generators seek payments for idle capacity during low demand (e.g., pandemic lockdowns). Regulatory caps on tariffs and financial distress often limit their ability to settle claims, leading to prolonged litigation.
    1. Force Majeure Events (e.g., Pandemic)
    • Construction Industry:
      Force majeure clauses—covering events like natural disasters or pandemics—are critical but often poorly defined in contracts. During COVID-19, builders and contractors struggled to invoke these clauses to excuse delays or seek extensions, as clients argued that pandemics weren’t explicitly listed or that mitigation wasn’t attempted. Courts had to interpret whether lockdowns qualified, creating inconsistency in rulings.
    • Energy Companies:
      Energy firms faced similar challenges. For example, DISCOMs saw demand plummet during lockdowns, triggering disputes with generators over “take-or-pay” obligations in PPAs. Invoking force majeure was contentious—generators argued it didn’t apply to payment duties, while DISCOMs cited revenue losses. Regulatory interventions, like moratoriums, added complexity to enforcement.
      1. Common Challenges Across Industries
    • Proving Causation and Loss: Both sectors struggle to link delays or losses directly to events like the pandemic, requiring detailed evidence (e.g., timelines, financial records) that’s often incomplete.
    • Cash Flow Strain: Compensation delays or disputed payments worsen financial pressures, especially for contractors and DISCOMs already operating on thin margins.
    • Regulatory Uncertainty: Shifting government policies—e.g., pandemic relief measures or tariff revisions—create confusion, making compliance and dispute resolution harder.
    1. Addressing These Hurdles
    • Clear Contracts: Drafting precise terms for scope, timelines, and force majeure events reduces ambiguity.
    • Documentation: Maintaining robust records of delays, costs, and mitigation efforts strengthens claims.
    • Negotiation: Early dialogue with counterparties can resolve disputes before they reach courts.
    • Legal Expertise: Engaging specialists helps navigate complex regulations and precedents, especially during crisis.

    With your vast exposure to both national and international legal practices, what advice would you offer to aspiring young legal professionals who wish to pursue complex commercial litigation, particularly in sectors like infrastructure, energy, and regulatory law?

    Advice for Aspiring Legal Professionals

    1. Build a Strong Foundation in Core Skills

    • Master Contract Law:
      Commercial litigation in infrastructure and energy hinges on contracts—whether it’s construction agreements, power purchase agreements (PPAs), or regulatory tariffs. Understand how to draft, interpret, and challenge contract terms, especially clauses like force majeure, liquidated damages, and termination rights.
    • Sharpen Research and Analysis:
      Cases in these sectors often involve technical details (e.g., grid stability, project delays) and evolving regulations. Develop the ability to dig into statutes like the Electricity Act, 2003, or international standards like FIDIC contracts, and connect them to case facts.
    • Hone Advocacy Skills:
      Whether before courts, arbitral tribunals, or regulators like CERC, persuasive communication—both written (pleadings) and oral (arguments)—is key. Practice clarity and precision to stand out.

    2. Specialize Early, but Stay Versatile

    • Pick a Niche
      Focus on infrastructure (e.g., roads, real estate) or energy (e.g., renewables, DISCOMs) to build expertise. These sectors have unique challenges—land acquisition disputes in infrastructure or tariff battles in energy—that reward deep knowledge.
    • Understand Regulatory Law:
      Regulatory bodies (e.g., SERCs, NHAI) heavily influence these industries. Learn how they function, their rules, and how judicial review works (e.g., APTEL rulings). This sets you apart in litigation involving policy interpretation.
    • Adapt Internationally:
      Global projects often use frameworks like FIDIC or involve cross-border disputes. Familiarize yourself with arbitration under ICC or UNCITRAL rules, as infrastructure and energy cases increasingly go international.

    3. Get Hands-On Experience

    • Work with Firms or Seniors:
      Join a law firm or assist a senior advocate handling commercial litigation in these sectors. Exposure to real cases—say, a road contractor’s delay claim or a DISCOM’s tariff dispute—teaches practical nuances no textbook can.
    • Engage with Tribunals:
      Shadow or clerk at forums like APTEL, NCLT, or arbitral panels. You’ll see how technical evidence (e.g., project timelines, financial losses) is argued and adjudicated.
    • Take on Pro Bono or Small Cases:
      Early in your career, handle smaller disputes (e.g., consumer energy complaints) to build confidence and courtroom experience.

    4. Understand the Business Side

    • Learn the Industry:
      Litigation isn’t just about law—it’s about the client’s world. Study how infrastructure projects are financed (e.g., PPP models) or how energy markets work (e.g., renewable integration). This helps you craft arguments that align with commercial realities.
    • Think Beyond Winning:
      Clients value solutions—settlements, renegotiations—that save time and money. Develop a problem-solving mindset alongside litigation skills.

    5. Stay Ahead of Trends

    • Track Policy Shifts:
      Laws and regulations evolve—think renewable energy mandates or infrastructure funding schemes. Read government notifications, industry reports, and case law updates to anticipate legal challenges.
    • Embrace Technology: 
    • AI tools, e-courts, and data analysis are transforming litigation. Learn to use them for research, case management, or presenting evidence.

    6. Build Resilience and Networks

    • Prepare for Complexity:
      These cases can drag on for years, involve multiple parties, and demand stamina. Cultivate patience and attention to detail—success often lies in outlasting the chaos.
    • Network Actively:
      Connect with peers, industry experts, and regulators at seminars or bar associations. Relationships open doors to mentors, clients, and insights into sector-specific disputes.

    Given your extensive involvement in both procedural and strategic aspects of legal representation, how do you successfully balance the demands of appearing before high courts, tribunals, and arbitration proceedings, while also maintaining a fulfilling personal life?

    1. Prioritize and Plan Strategically

    • Case Management:

    Handling high courts, tribunals (like APTEL), and arbitration proceedings requires juggling tight deadlines and complex preparations. Prioritize tasks by urgency and impact—focus on filing deadlines or key hearings first, delegating research or drafting where possible. Use tools like case management software to track schedules across forums.

    • Time Blocking:
      Reserve specific hours for court appearances, client meetings, and strategy sessions, while carving out non-negotiable personal time—say, evenings for family or mornings for exercise. Planning ahead ensures neither sphere is neglected.

    2. Leverage a Strong Support System

    • Professional Team:
      Rely on junior advocates, paralegals, or associates to handle procedural filings, initial drafts, or evidence collation. For example, while arguing a tariff dispute before a high court, delegate tribunal paperwork to the team. This frees up mental bandwidth for strategic thinking.
    • Personal Network:
      Lean on family or close friends for emotional grounding. A quick dinner with loved ones or a weekend getaway can recharge you, making it easier to return to a contentious arbitration with focus.

    3. Master Efficiency Without Sacrificing Quality

    • Preparation Discipline:
      High-stakes forums demand thoroughness—whether it’s mastering a construction delay claim for an arbitration or a regulatory challenge in a tribunal. Develop a streamlined process: skim key documents first, then deep-dive into critical issues. This saves time while keeping arguments sharp.
    • Travel Smart:
      Frequent appearances across cities mean travel. Use downtime—flights or train rides—to review briefs or unwind with a podcast, blending productivity with relaxation.

    4. Set Boundaries and Protect Personal Time

    • Say No When Needed:  
      Decline non-essential commitments—like an extra case with a tight deadline—if it risks burnout or family time. For instance, after a grueling week at the Supreme Court, politely defer a new client pitch.
    • Unplug Regularly:
      Switch off work calls or emails during designated personal hours. A Sunday hike or movie night without interruptions can feel as rewarding as winning a case.
    • Take Short Trips:
      Whenever you get a breather—say, a long weekend or a gap between hearings—plan a short trip. A quick drive to a nearby hill station or a day by the beach can refresh you, offering a mental reset from the grind of legal battles.

    5. Integrate Passion and Purpose

    • Find Meaning in Work:
      Strategic wins—like securing compensation for a road contractor or defending an energy company’s tariff—can be energizing. When work feels purposeful, it’s easier to justify the long hours and stay motivated.
    • Personal Fulfilment:  
    • Pursue hobbies or causes outside law—gardening, mentoring students, or charity work. These outlets provide joy and perspective, balancing the intensity of legal battles.

    6. Stay Physically and Mentally Fit

    • Routine Matters:
      Long days in court or arbitration can drain you. Exercise (even a 20-minute walk), eat well, and sleep enough to sustain energy. A sharp mind wins cases and enjoys life.
    • Stress Management:
      Techniques like meditation or journaling help process the pressure of a lost motion or a tough cross-examination, keeping you steady for both work and home.

    Get in touch with Sahil Sood –

  • “The most rewarding aspect of my legal career has been the ability to make a tangible difference in people’s lives.” – Shubham Singh, Advocate-on-Record at Supreme Court of India and Partner at Inca Law Partners.

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

    With over 9 years of remarkable experience and as an esteemed Advocate-on-Record (AOR), what initially inspired you to pursue a career in law? What was the driving force behind your decision to choose this prestigious profession, and how has your journey evolved over time?

    Well, as far as my inspiration to pursue law as a career is concerned the same may easily find its way back to my hometown, Allahabad now Prayagraj. The idea and motivation to have a career in law is mostly from the city and from my father who’s a practising Advocate in Allahabad High Court. Although, putting a caveat to the first thought coming to the mind of everyone that I might have chosen law because of my father, he actually never wanted me to be a lawyer owing to the extremely busy lifestyle of lawyers. The city of Prayagraj is famous for many reasons and one of the most popular reasons is the Allahabad High Court and it’s legendary Advocates. There are many names to mention in the list of legal luminaries who have inspired me to make a mark in this profession but I would like to make a special mention of the legend Shri Pandit Kanhaiya Lal Mishra. Shri Mishra was a celebrated lawyer of the country and was offered Hon’ble High Court Judgeship and also the prestigious Judgeship of the Hon’ble Supreme Court He also served as the Advocate General of the state of Uttar Pradesh for 17 years, irrespective of the fact as to whose government it was in the State. People like him inspired me to become a lawyer.

    So far as my journey is considered, I must tell everyone’s journey in this profession might be different. Initial years for lawyers (especially the first generation lawyers) entering into litigation, money could be a serious problem but if you keep working on your skills with patience and perseverance and be true to your profession, then sooner or later you’ll manage to break even. Leaving everything that my father had built in the legal profession in Prayagraj and shifting to Delhi was frankly quite a tough decision for me and for my family as it also turned many heads around. I believe my brother trusted my conviction and supported me which boosted my confidence and my trust in my own self that I might also make a mark on my own. My personal journey is filled with a lot of ups and downs. Sometimes you give your everything to the case but you don’t get the favourable orders, many times you expect a negative order from the Court but you get relief. I think, the only aspect a lawyer should be worried about is the value he is adding in his work so as to assist the Courts in the best way. All we need is to work with patience and perseverance. And as of now, I have reached a level where my first priority is to deliver quality work and fortunately we have been delivering reliefs to our clients.

    Also, I have been very fortunate in terms of the support that I have from my family, friends and my office staff.   

    Having had the privilege of working with renowned senior Advocates and esteemed law firms early in your career, that must have been a truly enriching experience. Could you share some key experiences from that time that significantly enhanced your legal acumen and set you on the path toward excellence?

    I think that you can shape an excellent academician in a Law School but you can’t shape a good lawyer there. The future of a young lawyer depends a lot upon the offices and seniors with whom he’s associated. The initial years of practice establish the very foundation of your career. 

    Since I was not from any NLU, it was quite a task for us back in the days even to be considered eligible for internships. I had the opportunity to intern in the Delhi Office of JSA wherein I was exposed to the working culture of a Tier 1 Law Firm in the country and honestly, I was really impressed. I thoroughly enjoyed my time there but I also concluded that I don’t want to pursue a career there. In my personal opinion, the problem that most of the law students who come from humble backgrounds who ultimately want to become Advocates and establish their own practise is that they initially join a good law firm with an idea to leave in future but the lucrative amount of compensation which is given by the law firm never ever allows them to leave. I, being a young law student, always had one thing in mind that I will not compromise with my dream to become an advocate irrespective of the amount of compensation I might get to do something else. Initially when I came over to Delhi just after college, I interned with Sh. Ashok Kumar Sharma, Senior Advocate, Supreme Court of India and later on joined him as an Associate. Thereafter, I joined Sh. Romy Chacko, Senior Advocate, Supreme Court of India. The experience that I gained from the office of Mr. Chacko was immeasurable. Then for a short period I joined Lex Indis Law Office as an Associate. I am lucky enough to say that I still have great relationships with all the offices that I have worked with. All my mentors in the profession have helped at all steps of my life to shape me into a better lawyer and a better human being. 

    After gaining valuable experience with various legal entities, what motivated you to establish your own law firm? What vision did you have in mind when starting it, and were there any challenges you had to overcome during its initial phase?

    It was always a dream of mine to establish my own Law Firm. When I was deciding to leave Allahabad and practise at New Delhi, I had 2 goals, one to establish my own Law Firm and the other to become an Advocate-on-Record. Fortunately, I have achieved both the professional goals that I had set for myself at that time. The primary vision to establish a law firm was to provide Clients a one roof solution to all their legal problems and to have a systematic structure of working. At our Firm also, we always try to cater all the needs of our clients.

    There are a lot of problems that you face while starting your own law firm. One of the biggest tasks is to have a founding partner with whom you can see a long term professional understanding. I was fortunate to have Sh Aditya Singh as my Partner. The other problem is managing the expenses and work management. So far, I have not faced a lot of issues with respect to these and that could be because of the understanding that we Partners have. So, my advice is that if you wish to start your own Law Firm, choose your team wisely.

    Your involvement in numerous cases related to minority educational institutions has been pivotal. Could you share one of the most fascinating and impactful cases you’ve handled, and how it shaped the legal landscape for such institutions?

    I have handled many cases of minority educations institutions. Even currently I am representing St Stephen’s College, St Charles School, Ryan International School and a few other institutions in ongoing cases. One of the cases that I would like to share with everyone is a civil appeal with respect to appointment of Headmaster in a minority institution before the Supreme Court. In that case I truly understood the spirit of Article 30 of the Constitution of India. In that case it was held by the Hon’ble Apex Court that a Minority Institution has the right to appoint any qualified person as its head or principal ignoring merit. The awareness with respect to this position of law is not that much. Many of the institutions still struggle to claim the benefit of being a minority institution as they don’t know where to get that recognition from. The National Commission for Minority Educational Institution at New Delhi is the body where institutions can apply for a certificate to be declared as a minority educational institution be it linguistic or religious. Minority institutions enjoy autonomy in their management, particularly in decisions related to admissions, curriculum, teaching staff, and other operational matters. However, this autonomy is subject to some regulatory oversight in the interest of quality education and public welfare. 

    The Supreme Court has clarified that while minorities have the right to establish and administer institutions, they must not violate the rights of others, such as admitting students on discriminatory grounds or failing to meet educational standards. In T.M.A. Pai Foundation v. State of Karnataka (2002), the Court emphasized that while minority institutions have certain rights, they must still adhere to principles of merit, fairness, and the welfare of society.

    Indian competition law is evolving rapidly, especially with the growth of tech companies and ride-sharing services. Having represented clients in such high-stakes cases, could you elaborate on the key legal challenges faced and how you navigated these complex matters? Your insights into this area would be invaluable.

    Indian competition law, under the Competition Act, 2002, is evolving to address the growing complexities of market dynamics, especially with the rapid rise of tech companies and ride-sharing services. This sector has experienced a significant increase in mergers, acquisitions, and market disruptions, which often challenge traditional legal frameworks. There are various legal challenges being faced in this industry like the Anti-competitive practices like predatory pricing. While I was working with Lex Indis Law Offices, we were handling the Ola, Uber and Meru’s competition case before NCLAT on behalf of the CCI, one of the issues of predatory pricing only. In my opinion Companies can navigate this by ensuring that their pricing practices do not harm the long-term viability of competition in the market. They need to demonstrate that low prices reflect efficiency or are necessary for market entry, not just predatory strategies. The other major problem is market dominance and the abuse of market dominance. With the rising teach industry in the nation, the problem of merger control and acquisitions is also becoming apparent. Especially in the ride-sharing sector, acquisitions of smaller competitors or startups are common. While mergers and acquisitions are not inherently anti-competitive, they can raise concerns if they lead to a significant reduction in competition or create a dominant player with too much market control.

    As an Advocate, your involvement in landmark cases is commendable. Can you provide an overview of the P Mohanraj v. Shah Brothers case you argued before the Hon’ble Supreme Court? What were the legal principles at play, and what made this case so significant in shaping legal precedents?

    I was appearing in one of the connected matters in the P Mohanraj Case before the Hon’ble Supreme Court of India. The question before the Supreme Court was whether any proceedings can be initiated against a Company under Section 138/141 of the Negotiable Instruments Act, 1881 (“NI Act”) for dishonoured cheques, if NCLT has already passed an order of moratorium under the Insolvency and Bankruptcy Code, 2016 (“IBC”) against the Company. As per Section 14 of the IBC, if Corporate Insolvency Resolution Process (“CIRP”) is initiated against a Company, a moratorium is provided on all judicial proceedings against the Company. The Supreme Court Bench comprising Justice RF Nariman, Justice Navin Sinha and Justice KM Joseph vide its judgment dated March 1, 2021 followed the logic with respect to the object of the IBC Code, if such proceedings will cause a depletion of the assets of the corporate debtor during the CIRP process which will negatively affect the Corporate Debtor from getting back on its feet during the resolution process. The Apex court analyzed this issue from various angles and held that the proceedings under Section 138/141 of the NI Act cannot be initiated against a corporate debtor if the NCLT has already passed an order of moratorium under the IBC. The Supreme Court observed that a quasi-criminal proceeding like the one under the Section 138 of the NI Act will result in the assets of the Corporate Debtor being depleted as a result of having to pay compensation which may amount to twice the amount of the dishonoured cheque. Although, the Court did not extend the same benefit to the Directors of the Corporate Debtors. This case gave a new shape to the interplay between the NI Act and the IBC Code.

    Your role as a guest lecturer at St. Thomas Law College and Asian Law College is truly admirable. How does teaching law complement your busy legal practice, and what personal fulfillment do you derive from educating the next generation of legal professionals? How do you manage to strike a balance between such a demanding career and your personal life?

    I find teaching an extremely noble and satisfying job. If not a lawyer, I would have chosen to become a Teacher. I have been teaching for a very long time in different capacities. I still remember that during my college days, when I was in 3rd year, after my classes I used to teach 4th year B. Tech students at Engineering Colleges for their Campus Recruitment Training. It was an extremely satisfying experience for me during those days. Since then, in some way I have been keeping myself in touch with the academics. After joining the professions, I had the privilege of giving guest lectures at law colleges and conduct seminars for the law students. Teaching law alongside a busy legal practice can be incredibly rewarding both professionally and personally. For many legal practitioners, it offers a unique opportunity to share their experience and expertise with the next generation, while also enhancing their own understanding of the law. Teaching complements legal practice and forces you to stay sharp and up-to-date with legal concepts, theories, and developments. As a practitioner, you may not always have the time to revisit foundational topics or explore new areas in depth, but teaching requires you to stay current, reinforcing your understanding and perhaps even challenging your assumptions. This intellectual engagement can help improve your skills and contribute to your practice. It gives you the opportunity to shape future lawyers, imparting practical knowledge and ethical values that can influence their careers. 

    While I used to teach as a Guest Faculty, I have always focussed to teaching the students the practical aspects of law. I used to take classes on drafting and pleadings, cpc, crpc, evidence, company law, family law and property law. Even workshops in law schools really help and expose the students to the practical world of the profession. I had ventured to teach students at United University about drafting and pleadings at the Supreme Court while conducting a one day workshop.

    Given your extensive experience providing legal consultancy to start-ups, what are some of the most common legal challenges faced by emerging businesses in India? How do you guide them through these challenges and ensure their long-term success in a complex regulatory landscape?

    In my opinion the start-us and emerging businesses in India are facing a variety of legal challenges, particularly given the complex regulatory environment. The very inception comes with the legal hurdles like business registration and compliances, whether to register as sole proprietorship, partnership, limited liability partnership (LLP), private limited company based on their objectives, funding sources, and long-term goals. Navigating through the documentation and formalities required for the registration. The protection of the Intellectual Property Rights and its infringement. Most of the Start-ups that contact us, their primary concern starts with funding and investment issues like raising capital, whether through equity, debt, or hybrid instruments, often involves legal complexities, particularly in structuring the deal, preparing shareholder agreements, and complying with regulatory filings. If the business is seeking foreign investment, it must comply with India’s FDI regulations, which can be quite specific depending on the industry. As start-ups grow and attract investors, conflicts over ownership structure, control, and profit-sharing can arise, necessitating well-structured agreements upfront. I have been advising the Start-ups to have a structured due diligence at the very start, as it helps them have stability and attract more investments. In my opinion an emerging business in India can mitigate these challenges by seeking early legal advice, creating clear business structures, staying on top of regulatory changes, and drafting well-defined contracts and agreements. Consulting with experienced legal professionals who specialize in start-up law can help avoid common pitfalls and establish a solid foundation for growth.

    Your unwavering commitment to the legal profession is truly inspiring. What has been the most rewarding aspect of your legal career, and what continues to drive your passion for law? Additionally what advice would you give to the younger generation who wish to have a successful career in law?

    The most rewarding aspect of my legal career has been the ability to make a tangible difference in people’s lives. Whether it’s advocating for a client in need, helping to ensure justice is served, or navigating complex legal issues, knowing that my work can have a positive impact on others is truly fulfilling.

    When I look back I can certainly relate to many of the law students who believe that the profession is a lot about money and power. But I have evolved to understand that this noble profession is like an art and the most rewarding thing is the recognition that you get from the Hon’ble Judges and the senior members of the Bar. I still remember while I was arguing a case before the bench of Hon’ble Justice B R Gavai and Hon’ble Justice P S Narsimha, at the end of the hearing the Bench praised my arguments but I was in such a disbelief that I confirmed from the Court if they praised me or asked a question, resultantly they affirmed their opinion. There has been no fee that has been more rewarding than that particular recognition to me. 

    For younger generations interested in a career in law, I would advise them to remain persistent and curious. Law is a challenging field, but it’s also incredibly rewarding. It’s crucial to develop strong critical thinking skills, cultivate emotional intelligence to understand the people behind the cases, and always prioritize ethics and integrity in every step of your career. Networking and seeking mentorship from experienced professionals in the field can also provide invaluable guidance and opportunities for growth. Finally, I would say to never stop learning—law is dynamic, and the best lawyers are those who are always evolving.

    Get in touch with Shubham Singh –

  • “While I entered tax litigation because of its unique mix of corporate and courtroom work, I stayed because of the intellectual challenge, the unpredictability, and the sheer excitement of the practice.” – Deepak Thackur, Advocate on Record, Supreme Court of India and Director at Lumiere Law Partners.

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

    As an Advocate-on-Record before the Supreme Court of India, with a deep understanding of procedural complexities and a strategic approach to complex tax disputes, what motivated you to pursue a career in law initially? How did your experiences at Rajiv Gandhi National University of Law, Punjab shape your journey?

    Like many first-generation lawyers, my journey into law began more by chance or perhaps, more accurately, by a process of elimination. In school, I took Physics, Chemistry, and Mathematics with the intention of joining the defence forces, particularly the Air Force. However, due to imperfect eyesight, that option was ruled out. The next conventional choice at the time was engineering, but I was certain that it was not for me. Around that time, a family friend who was studying at GNLU introduced me to CLAT. I found the course material interesting and developed an instant liking for law. At that stage, there was no deep-seated motivation but just a practical decision that I had to pursue something meaningful.

    My time at Rajiv Gandhi National University of Law, Punjab, turned out to be an enriching experience. Coming from a small town with a near Hindi-medium schooling background, adjusting to law school, where extroversion is often applauded, was challenging at first. But RGNUL had an intellectually stimulating environment that instilled in me the desire to work on myself. More importantly, I had an amazing group of friends who, in their own ways, taught me valuable lessons. All of this collectively fostered my analytical skills and deepened my appreciation for the law.

    One of the most impactful moments of my time at RGNUL came during our convocation, which was chaired by Justice T.S. Thakur. One of my dearest friend received three gold medals, and just like that scene in “3 Idiots”, I found myself feeling a mix of happiness for my friend and regret for not achieving the same. Then, Justice Thakur delivered a speech that, to this day, remains with me. He acknowledged that while some students had won gold medals, many had not but that did not determine success in the legal profession. He emphasized that success in law comes from following the Five Ps: Patience, Perseverance, Persistence, Passion, and Practice. It felt as if he was speaking directly to me.

    That moment reinforced something I have carried throughout my career. While my initial decision to study law was incidental, my time at RGNUL cemented my passion for the field and gave me the clarity to pursue litigation. Looking back, I can say with confidence that law, whether by chance or choice, turned out to be the right path for me.

    During the early stages of your career as an Associate, what key experiences stood out that deepened your legal understanding and influenced your decision to specialize in tax disputes?

    My interest in tax law started during my internship at a tax litigation firm. Tax litigation has a unique mix; it allows you to work on complex corporate matters while also experiencing the thrill of courtroom advocacy. That combination intrigued me and ultimately led me to choose tax as my area of practice.

    During the early years of my career as an Associate, I had my fair share of lessons, some humbling and others eye-opening. One incident, in particular, stands out. I was working on a case where I advised a client purely from memory. I have always had a strong recall, and in my overconfidence, assumed I knew the provision perfectly. I overlooked the fact that tax laws change frequently. The client later pointed out an amendment that completely changed the position I had advised on. It was a moment of realization that no matter how confident you are, never rely on memory alone. That experience taught me the importance of always verifying the law rather than depending on recollection. From that day on, I made it a habit to double-check and stay updated.

    I was fortunate to start my career under the guidance of Mr. Pramod Kumar Rai and Mr. Puneet Agarwala, both of whom have been incredible mentors. Their approach toward juniors is something I try to imbibe today. They never raised their voices or scolded but always guided with firm yet encouraging clarity. One of the most valuable lessons they taught me was to always stay updated on the law, no matter how busy the day gets. Even today, my mornings begin with reading legal updates because I learned early that in tax law, staying current is non-negotiable.

    Another crucial lesson I learnt was that litigation is unpredictable. You can never be too certain about what will happen in court. Early on, like many young lawyers, I sometimes assumed that a matter would be adjourned and did not prepare as thoroughly as I should have. That assumption was short-lived when, in one of my cases, I almost got a dismissal order. My senior gave me an advice that has stayed with me: “Deepak, always come to court as prepared as if you are arguing Keshavananda Bharati. So that when you ARE arguing a matter that big, you are ready.” That advice changed my mindset. From that day forward, I never walked into a courtroom unprepared, no matter how small or routine the case seemed.

    I remember another incident where my senior asked me to find a judgment on a potential question that might be raised by the judge. The request came late at night, and like any junior, I was frustrated about the timing and wondered why I was working on hypothetical scenarios. Still, I burned the midnight oil and managed to find the answer. The next day in court, the very first question the judge asked was the one my senior had anticipated. Because we had the answer ready, we moved past it smoothly. That experience taught me two things: (1) litigation, at times, is like war. Be a good soldier and follow the command of your seniors, and (2) some things come only with experience. Stay humble and keep working.

    Looking back, those early years were filled with invaluable lessons; some learned the hard way, others through the wisdom of my mentors. I learned that confidence must always be backed by diligence, that preparation is non-negotiable, and that every case, no matter how minor, deserves serious effort. While I entered tax litigation because of its unique mix of corporate and courtroom work, I stayed because of the intellectual challenge, the unpredictability, and the sheer excitement of the practice.

    Having cleared the AOR exam on your first attempt, what challenges did you face during your preparation, and how has earning the AOR title impacted your practice and professional growth?

    When preparing for the AOR exam, the biggest challenge is time management. Most advocates taking this exam are full-time practitioners, managing court appearances, client meetings, and drafting work daily. Finding the time to sit down and study consistently is easier said than done.

    In my view, the AOR exam does not fall into the category of being extremely difficult. The concepts are straightforward, but the real challenge lies in the sheer volume of material that needs to be covered. The questions are not the kind that one encounters in daily practice, so prior experience alone is not enough. There are no shortcuts. You have to go through the prescribed material, cover to cover.

    Another challenge is structuring answers effectively. The questions in the AOR exam are often lengthy, yet the time to answer them is limited. In litigation, we are used to explaining arguments in detail, but in this exam, brevity is the key. Answers need to be crisp, precise, and well-structured, striking a balance between conciseness and completeness.

    But perhaps the most underrated challenge is ‘writing’ the exam itself. We have become so accustomed to typing on laptops and dictating drafts that writing for hours at a stretch feels almost unnatural. The AOR exam requires handwritten answers, and I remember struggling with writing speed and endurance. I even had to practice writing answers just to get my hand used to it again.

    Clearing the AOR exam was a significant milestone. It wasn’t just about earning the title but because of the journey. The process of preparing for it deepened my understanding of procedural law and reinforced the importance of consistency. It has allowed me to take greater responsibility in Supreme Court matters and strengthened my credibility as a litigator. The efforts it took to clear the exam was worth it, and the experience has helped me grow in the profession.

    Given the demanding nature of your profession, what methods do you employ to unwind and strike a healthy balance between your professional duties and personal interests?

    The practice of law, especially in the field of tax litigation, is undoubtedly demanding. My work takes me to the Supreme Court, High Courts, and Tribunals, often involving travel to different cities. The long hours and unpredictable schedules can be exhausting, but I genuinely love what I do. At the same time, I also recognize that longevity in this profession comes from accepting that you are not a machine. Law as a profession requires your undivided attention. No human being can be attentive all the time and if you are burnt out, in a way you are doing disservice to your client. So, learning when to pause and step back is much needed, which is of course easier said than done in our profession.

    Work-life balance is highly subjective. For me, unwinding is not about carving out large chunks of time. It varies from reading to watching a movie or playing on PlayStation or simply just relaxing with the family. Recently, it has been my two-year-old son who eagerly waits for me to come home and play with him. Those moments are priceless, and no matter how hectic the day has been, I make sure to come back home and play with him. Also, the travel, though often work-related, also becomes an opportunity to explore new places, even if just briefly, which helps in breaking the monotony. 

    What are some of the most common tax-related challenges that businesses and entities typically encounter, and what proactive strategies or best practices can they implement to minimize or avoid these issues?

    In my experience I have seen that: department rarely accepts a tax position without questioning it. In most cases, the authorities argue that the company has suppressed facts, misrepresented details, or acted fraudulently, even when the issue is merely a difference in interpretation. This often turns a straightforward tax position into a protracted legal battle.

    At the same time, I’ve also seen companies take tax positions that are legally untenable by relying on interpretations that have already been rejected by courts or positions that are directly contrary to statutory provisions. What’s surprising is that many of these decisions stem from well-meaning but flawed sources such as random internet searches, AI-driven answers, or informal advice from non-experts. While technology has made information more accessible, it has also made misinformation more widespread. A company’s tax strategy should never be based on a ChatGPT response or a Google search alone as it needs professional scrutiny.

    To minimize these challenges, businesses should adopt a proactive approach. Some examples would be: 

    • Regular tax reviews and audits: Companies should periodically review their tax positions with professionals to ensure compliance with evolving laws and precedents. Instead of relying solely on online sources, businesses should consult experienced tax advisors who can provide tailored, legally sound guidance.
    • Document everything: A well-documented tax position, backed by legal provisions, case laws, and expert opinions, strengthens a company’s defense in case of a dispute. Further, intimate the tax position to the Department so that they cannot allege suppression of facts. 
    • Stay updated on legal developments: Tax laws are constantly evolving, and staying informed through professional updates, industry discussions, and expert opinions is crucial.

    Tax disputes are inevitable in business, but a well-informed, strategic approach can significantly reduce litigation risks and ensure compliance while optimizing tax positions effectively.

    With the continuous evolution of tax regulations, how do you see the future of tax law shaping up? What advice would you offer to aspiring lawyers interested in tax litigation, and could you recommend any resources to help them stay updated on the latest developments in the field?

    Tax law is evolving rapidly, and while the Government is making an effort to create business-friendly policies and curb unnecessary litigation, anyone who has dealt with the tax department knows that tax disputes are far from over. The tax department, by its very nature, is litigation driven. No matter how much simplification is introduced, the nature of taxation itself ensures that litigation will always be a part of the system. 

    For anyone looking to build a career in tax litigation, one thing is non-negotiable i.e. you must stay updated. Tax law is not static. It is shaped by frequent amendments, evolving judicial interpretations, and shifting departmental positions. The best way to develop expertise in GST or indirect taxes is to go back to the roots by reading landmark judgments under Excise, Service Tax, VAT, and CST. Many of the key issues under GST today are not entirely new and have their roots in Excise, Service Tax, VAT, and CST because GST is essentially a conglomerate of these laws. A strong foundation in these older tax regimes will give a deeper understanding of GST and help in tackling complex issues that arise today. Understanding how courts ruled on classification disputes, valuation issues, and input tax credits under the old tax laws will provide a strong foundation for handling similar issues under GST.

    For staying updated, there are plenty of sources available online such as Taxscan, Taxsutra, and GSTSutra provide daily updates, case summaries, and expert opinions. It can be overwhelming as the updates are repetitive; to avoid that one can opt for GSTR journals as it captures the most relevant cases and amendments. 

    Get in touch with Deepak Thackur –

  • “I believe, in litigation, it is all about perseverance, focus and hard work. There is no short-cut to that.” – Tanvir Nayar, Advocate-on-Record at the Supreme Court of India.

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

    With such an impressive and diverse range of experience spanning constitutional, commercial, civil, and intellectual property rights matters, what initially inspired you to pursue a career in law? Were there any particular moments or experiences that had a significant impact on your decision to embark on this journey?

    I always found law intriguing. The way it stimulated my mind to find a logical answer to a particular solution, encouraged me to choose this profession. So, it was after my 10th CBSE Board examinations, that I actually made up my mind to have law as an option. Accordingly, I chose the subjects for 11th and 12th, which included history, political science, economics and maths. History gave me the background and political science the foundation to pursue law after my 12th. I was also a part of my School’s, DPS Mathura Road, cricket team, which used to play practice matches with the various teams viz. Delhi High Court Bar Association and Bar Council of India. Thereby, I got an opportunity to interact with Advocates who were in litigation. 

    Having started your career working on Civil, Consumer, Arbitration, Debt, and Criminal matters, what were some of the key learning experiences in the early stages that shaped your understanding of the law and helped pave the way for your remarkable career progression?

    Being a first-generation lawyer, and having no one in my immediate family in law to guide me, I was always open to learn and try everything which came my way. Right after law college, I had an offer to pursue my L.L.M from Kings College, London. However, I thought that without a clear path of which field I wanted to follow i.e. either corporate or litigation, I would have not been able to justify the course. Alternatively, since the placements in college were also not forthcoming, I actually ended up in litigation out of sheer luck. Then I got an opportunity to work under Mr. Sunil Goel, who also practiced in various courts viz. High Court, District Courts, Debt Recovery Tribunal and Consumer Courts. Whereby I got a flavour of different subjections and jurisdictions. However, since I was inclined to do corporate work, I joined a firm to do private equity and debt financing work. This gave me another perspective to law, esp. the commercial aspect. It also cleared my thought process, that litigation was what I wanted to do. Then I got the best opportunity or I would call the break-through, i.e. to work with Hon’ble Ms. Justice Indu Malhotra (prior to her elevation). From then onwards, with the tutelage of Justice Malhotra, the profession has been kind.

    Assisting the esteemed Hon’ble Ms. Justice Indu Malhotra in various legal domains such as constitutional law, arbitration, and public law must have been an invaluable experience. How did her approach to legal research and arguments influence your understanding of complex legal matters, and how has that shaped your own legal practice?

    Getting an opportunity to work under Hon’ble Ms. Justice Indu Malhotra, was the foundation I required as a first-generation lawyer. Despite her achievements, which are continuing even till date, there was no respite from her end. She was so through on facts and law, that it really opened my horizon and prepared me to handle complex matters. The answer was simple, be so well prepared on the facts and law, and to know the brief  from front to end and end to front. Thereafter, the way Justice Malhotra articulated the arguments, was another aspect to learn. Being good in law and also being a good orator, is the best combination any lawyer would wish for, and she had it all. Her relentless hard work is second to none. Watching and getting to learn all this close and first hand, has made me an advocate I am today.

    After gaining such extensive experience in diverse areas of law, what motivated you to establish your own independent practice? What challenges did you face along the way, and what strategies did you use to overcome them and build your firm?

    Starting an independent practice was also a decision, made partially out of choice and partially out of necessity. I would have liked to continue to hone my skills under Hon’ble Ms. Justice Indu Malhotra, for a few more years. However, her very well-deserved elevation to the Hon’ble Supreme Court, gave me the push I probably needed. At the same time, I prepared and gave the Advocate-on-Record examination. However, since the result is declared almost 9-10 months later, I started my practice on the original side as well. Thereby, I started going to District Courts in Delhi and also the Delhi High Court. Since I had a few clients to sustain my practice, I could concentrate on building my network. I was lucky that since I belong to Delhi and was staying with my parents, I did not have to worry about basic sustenance. Without this, probably, I may not have started my independent practice at that time. During the same time, my childhood friends – Samar Khan and Abhishek Bakshi had also started their independent practice and were doing criminal litigation. Their requirement for a person to handle civil and commercial litigation, and my need to increase my practice to other fields coincided. Hence, came the foundation and incorporation of M/s. Aecus Legal.  

    As an Advocate-on-Record at the Supreme Court of India, you’ve undoubtedly dealt with some highly complex constitutional and commercial issues. Could you share one of the most challenging cases you’ve worked on, and what steps do you take to thoroughly prepare for and research such high-stakes cases?

    There have been many notable cases I got an opportunity to be a part of. However, the four most notable cases would be the Vyapam Scam, Manesar land scam, Challenge to the vires of the bond condition signed by Doctors pursuing PG/ MD etc., and the challenge to the Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from two judges up to the Constitution Bench. The simple answer to prepare any matter, being high-stake or not, is to be first well-versed with the facts and then to be through with research. Sometimes, even an issue which may seem small, can be the turning point. That can only be achieved, if one does in-depth research. At the end of the day, there is no short-cut to hard work.

    Given your vast experience representing clients in diverse legal forums, including the Supreme Court, District Courts, and NCLT, how do you tailor your litigation approach to suit the nature of each forum, be it constitutional, commercial, or quasi-criminal? Also, where do you see your firm, Aecus Legal, in the next 5-10 years?

    One does need a certain degree of knowledge, which can only be achieved with experience, to handle different jurisdictions. However, the basic is again to be prepared with the brief on facts. Then, one also needs to be updated on the recent judgments being passed on the said subject. Especially, with the advent of Insolvency and Bankruptcy Code 2016 and formation of NCLT and NCLAT, there is a new judgment on some aspect or the other, every week. Hence, one needs to keep oneself updated.

    Our firm has grown at a steady pace and gone onto represent many international clients, as well. However, in the next few years, we would be making more specialised teams on different subjects, and then also have a separate general litigation team.

    Clearing the Advocate-on-Record (AOR) examination is a remarkable achievement. What aspects of the exam did you find most challenging, and how did you prepare to successfully navigate this prestigious examination?

    Not undermining the hard work required, I must say that since I extensively practiced in the Supreme Court from 2015 onwards, so the basics were clear. I did not effectively take a break in my profession to prepare for it, but the month of May was primarily focussed on studying for the exam. The most challenging aspect is that one loses touch to write an exam within three hours. For that, I started preparing my notes by writing them, at least one month in advance. The second challenge was to read all the judgments. However, once you are in that zone of studying, slowly and steadily one can manage. It is also important to attend the lectures given by prominent Senior Advocates, some of them also set papers. But I am sure, the advocates who do not practice in Supreme Court on a regular basis, do find the exam challenging.

    Balancing a high-profile legal career with personal life is no easy feat. How do you manage to strike a balance between your professional responsibilities and personal well-being? What strategies do you use to maintain your health and overall well-being while managing such a fulfilling and demanding career?

    To be frank, it is really difficult to maintain a balance. Especially in the early years, and on starting an independent practice. The profession always keeps you on the toes, and it is easy to lose that balance. However, I believe in today’s time, it is required that one does take some time off to just clear one’s mind. Travelling or playing a sport is one way, which has worked for me to un-wind and re-energise. Secondly, I have set-up an office space in my residence as well. So, when the days are light, I work from the residence, which gives you the time to relax at home and also spend time with your family. All this is needed, as I said, it is easy to maintain the balance. On a lighter note, I am still learning.

    With your vast expertise across multiple legal domains, what advice would you give to young lawyers who aspire to have a diverse practice like yours? What key skills and qualities do you believe are essential for success in such competitive and multifaceted fields?

    I believe, in litigation, it is all about perseverance, focus and hard work. There is no short-cut to that. However, one does need some luck. Some of the luck one can make by networking and always  being open to learning. Also, client handling is one thing no one teaches, however is very important. Since lawyers cannot solicit, the best way to advertise is doing your best for your clients. I strongly believe that the profession is an Hon’ble one, and a person can really make a difference. 

    In today’s changing times, as mentioned above, networking has become an important aspect. Though I do not subscribe to the view of making videos on YouTube or Instagram. However, people do not realise that maximum work advocates give to each other, so making a good network of advocates also helps one to get new matters and clients.

    Get in touch with Tanvir Nayar –

  • “The cornerstone of a successful and fulfilling career in litigation lies in unwavering dedication, perseverance, and relentless hard work.” – Devashish Bhadauria, AOR at Supreme Court of India and Founder & Managing Partner at Bhadauria & Associates, Law Offices.

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

    Law is often considered both an intellectually stimulating and socially impactful profession. Could you share what initially inspired you to pursue law as a career? Was there a defining moment or a personal experience that deeply influenced your decision to enter this field? Furthermore, how did your early experiences during law school help shape your long-term career goals and aspirations?

    After completing my senior secondary education in 2010, my father encouraged me to pursue a career as a Chartered Accountant, given my background in Commerce. However, I was drawn to the legal profession, which I regard as one of the most esteemed and impactful fields. The study of law not only offers an opportunity to contribute meaningfully to society but also provides a comprehensive understanding of its various facets. 

    I pursued a five-year integrated B.A., LL.B. (Hons.) degree from Amity Law School, Delhi, affiliated with Guru Gobind Singh Indraprastha University, Delhi and my academic journey was enriched by the institution’s distinguished faculty, participation in inter-college competitions, and engagement in various legal seminars. Additionally, I undertook internships every year, gaining substantial practical exposure by working with Advocates and Law Firms across diverse practice areas. These experiences were instrumental in shaping my professional aspirations and provided valuable insights into the legal profession.

    I firmly believe that internships play a pivotal role in a law student’s career. Exposure to different legal domains and organizational structures is essential in making informed career decisions. Without such practical experience, it would be challenging for a student to identify the most suitable area of practice.

    After completing your law degree, you worked with several senior advocates, law offices, and law firms. During the initial phase of your career, when you were just starting out, what were some of the key learning experiences or challenges that left a lasting impact on you? How did these early professional encounters enhance your understanding of the law and propel your career trajectory forward?

    After gaining diverse experience through internships at various law offices and firms, I decided in the final year of my legal studies to pursue a career in litigation with the ultimate goal of establishing myself as an independent practitioner.

    In August 2015, I commenced my professional journey at the Law Office of Mr. Vibhor Verdhan, Advocate, and Mr. Shwetank Sailakwal, Advocate-on-Record, based in Jangpura Extension, New Delhi. As their first and sole Associate at the time, I had the privilege of receiving extensive exposure to litigation practice. Subsequently, I joined the chambers of Mr. Manohar Malik, Advocate, where I once again worked as the only Associate, gaining significant hands-on experience in different fields of law.

    In 2018, I transitioned to a full-service Law Firm, Sondhi Narula Dalal & Associates, Law Offices, where I worked under the guidance of the Firm’s Partners – Mr. Sunil Dalal, Ms. Sangeeta Sondhi and Ms. Ruchi Gour Narula. During my tenure, I was actively involved in handling complex and high profile litigations, further honing my legal acumen.

    In 2021, following the designation of Sunil Sir as a Senior Advocate, I had the distinct opportunity to assist him and continued working in his office for an additional year.

    I remain deeply grateful to all my seniors for their invaluable mentorship, trust, and the opportunities they provided, which have significantly contributed to my professional growth and shaped me into the legal practitioner I am today.

    As the Founder and Managing Partner of Bhadauria & Associates, Law Offices, what motivated you to establish your own legal practice? Were there any specific challenges or obstacles you faced in the initial stages of setting up the firm? What is your long-term vision for the firm, and how do you plan to navigate its growth and success?

    From the outset of my legal career, I aspired to establish my own law practice after gaining substantial experience in litigation. In pursuit of this goal, I commenced my independent practice in April 2022 and co-founded a Law Firm in East of Kailash, New Delhi, along with my wife, Ms. Sristi Sengupta, who is also a Partner. She leads the Firm’s Intellectual Property prosecution and litigation practice.

    I am deeply grateful to my seniors for their unwavering support and guidance in establishing the Firm. This milestone would not have been possible without the blessings and encouragement of my parents, who have been my pillars of strength and motivation.

    Transitioning to independent practice was a significant shift, but I was able to adapt within a few months, and I have not encountered any major challenges in managing the Firm. I firmly believe that the cornerstone of any successful legal practice is client satisfaction. I have always maintained transparency and fairness in my dealings with clients, ensuring they have confidence in their counsel. Regardless of the outcome of a case, I am committed to diligent advocacy, which fosters trust and long-term professional relationships with my clients.

    Your appointment as Senior Panel Counsel for the Union of India is a significant milestone in your career. Could you elaborate on how this appointment came about and the responsibilities it entails? Additionally, being empanelled with prominent Government of India Enterprises such as PEC Ltd., NBCC, EESL, how has this shaped your legal practice?

    Pursuant to my application, I was appointed as a ‘Senior Panel Counsel’ in March 2024 to conduct Central Government litigations and appear for Union of India before Hon’ble High Court of Delhi. This appointment entails significant responsibility, as I am entrusted with matters involving various government entities, including the Central Industrial Security Force (CISF), Indian Railways, Delhi Police, Directorate of Revenue Intelligence, and several Ministries.

    Additionally, my empanelment with several Government of India Enterprises, such as PEC Ltd., NBCC (India) Ltd., Energy Efficiency Services Limited (EESL), and Telecommunications Consultants India Ltd. (TCIL), has been instrumental in strengthening my independent practice. These engagements have provided me with extensive experience in handling government litigation and further solidified my expertise in the field.

    Clearing the Advocates-on-Record Examination on your first attempt is a remarkable achievement. Could you share your experience of this rigorous process and what it means to you personally and professionally? How has this accomplishment impacted your career and opened up new opportunities for you in the legal field?

    Although I was exposed to the practice before the Hon’ble Supreme Court of India from the very beginning of my legal career, I had not initially considered pursuing the designation of Advocate-on-Record (AoR). However, after establishing my independent practice in 2022, I sought to expand my professional engagements before the Apex Court. Recognizing that obtaining the AoR designation would enable me to effectively handle matters before the Hon’ble Supreme Court of India, I appeared for the Advocates-on-Record Examination in June 2024 and successfully cleared it on my first attempt.

    This achievement has opened new avenues in my legal practice, allowing me to independently file, argue, and appear before the highest Court of the country, further strengthening my ability to represent clients at the top level of the justice delivery system.

    In your work with prominent clients like The Times of India and Mankind Pharma Limited, especially when handling complex intellectual property (IP) cases before the High Court of Delhi, and District Courts, what are some of the primary challenges you face regarding IP protection? With the digital age advancing rapidly, how do you foresee the evolution of IP law, particularly in light of the growing trends in digital technologies and online platforms?

    I have been retained by Corporates like The Times of India Group and Mankind Pharma Limited since 2024, for whom I am working as their panel counsel and representing them before various Courts and Forums. The protection and enforcement of intellectual property (IP) rights in today’s rapidly evolving digital landscape present several challenges. The proliferation of digital platforms has significantly increased instances of copyright and trademark infringement. Unauthorized reproduction, counterfeiting, and domain squatting have become prevalent, making enforcement more complex. Identifying and holding infringers accountable, particularly when they operate from foreign jurisdictions, poses a significant legal hurdle. With the rise of e-commerce and social media platforms, determining the liability of intermediaries in cases of IP violations has become a contentious issue. Companies face significant challenges in protecting their brands from counterfeit goods, particularly in the pharmaceutical and consumer goods sectors. The enforcement mechanisms, though robust, often require swift legal action, including Anton Piller orders, John Doe orders, and cross-border enforcement strategies.

    The legal fraternity, along with policymakers and stakeholders, must work towards an adaptive and robust IP framework that aligns with technological advancements while ensuring adequate protection of rights of holders. As Counsel, my focus remains on providing strategic legal solutions to clients to safeguard their intellectual property assets in this dynamic landscape.

    Given your wealth of experience, what advice would you offer to aspiring lawyers and law students looking to build a successful and fulfilling career in law and especially cracking the AOR exam?

    The cornerstone of a successful and fulfilling career in litigation lies in unwavering dedication, perseverance, and relentless hard work. There are no shortcuts in this profession, and a ‘never say no’ attitude is indispensable. I have consistently prioritized my professional commitments and embraced new challenges with the belief that each experience contributes to my growth and new learning. Furthermore, maintaining a respectful and collegial approach towards seniors and colleagues at the Bar is essential. 

    For those aspiring to become an Advocate-on-Record (AoR), practical exposure to proceedings before the Hon’ble Supreme Court is invaluable. The mandatory one-year training under an AoR provides critical insights into Supreme Court practice. Additionally, the official website of the Hon’ble Supreme Court offers extensive academic resources, including video lectures, notes, and other reference materials, which are instrumental in guiding and strategizing for the AoR Examination.

    Balancing a demanding and dynamic legal career with personal well-being is a challenge many face. How do you manage to maintain a healthy work-life balance, ensuring that both your professional responsibilities and personal life thrive without one compromising the other?

    Maintaining a healthy work-life balance remains a significant challenge for legal professionals engaged in litigation. Given the nature of litigation practice, there are no fixed timings for a legal practitioner and there are times when a person has to work even after returning home or on weekends. As integral members of the justice delivery system, we are expected to be accessible to our clients at all times, ensuring their legal concerns are addressed promptly and effectively.

    In my case, I am fortunate to have a spouse who is also a legal professional and fully understands the complexities and demands of this profession. This mutual understanding has been invaluable in navigating the challenges associated with a career in litigation. Since establishing my independent practice in 2022, I have been able to exercise greater control over my schedule, allowing me to manage both professional and personal commitments more effectively. While the demands of litigation remain rigorous, having the autonomy to structure my work has enabled me to maintain a more balanced approach to my professional responsibilities while fulfilling other personal obligations.

    Get in touch with Devashish Bhadauria –

  • “I believe that one should broaden their perspective beyond law, as a fair understanding of business, economics, philosophy, and current affairs can make one a more effective lawyer.” – Shubham Saigal, AOR at Supreme Court of India and Partner at Jain & Saigal Law Offices.

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

    With over eight (8) years of distinguished experience in the field of law, including being an Advocate-on-Record (AOR), Supreme Court of India, what initially inspired you to pursue a career in law? What was the driving force behind your decision to join such a prestigious profession?

    Studying law after school was never on my list; I loved Physics and Mathematics, so I chose “Science with Maths” after 10th grade. Simultaneously, I started preparing for IIT-JEE – a common choice for a Science student. One day, on my way to coaching, a traffic police officer stopped me, checked my documents, and made me wait 30 minutes without assigning any reason. I complied, unaware of my rights and the police officer’s powers. This incident sparked my interest in Political Science and Civics, which discussed the concepts of rights, duties, government, democracy, civil liberties, etc. I discussed this new interest with my parents, who were astonishingly supportive of my shift in career aspirations. In fact, it was my father (not a lawyer) who suggested me to pursue a career in law – a suggestion I was keen to explore. The idea that knowledge of the law could empower individuals became a driving force in my decision to pursue law. My father introduced me to a law student, who apprised me of CLAT and National Law Universities. Thereafter, I appeared for CLAT and secured admission to National Law University, Odisha in 2012—an achievement I deeply cherish.

    How has your journey as an advocate evolved, contributing to your expertise and success in the field?

    My journey has been both exciting and challenging. Despite being a first-generation lawyer, I’ve been fortunate enough to have great mentors—from college seniors to the seniors in the profession, especially my bosses—who have played a crucial role in shaping my career.

    Towards the end of law school, I interned with the Supreme Court team at Karanjawala & Co., a top-tier law firm. I was lucky to secure a job there during my internship, marking the start of my career in law. As a fresher, I gained invaluable experience at Karanjawala —assisting in briefing senior advocates, preparing update emails for clients, managing paperwork, and analysing court cause lists. These foundational skills continue to help me till date. I would like to make a special mention of my senior Mr. Utsav Trivedi (now Managing Partner at TAS Law) for his guidance.

    I later joined Luthra & Luthra Law Offices, the team of Mr. Faisal Sherwani, Partner. He was not just a boss, but a true leader—the one who leads by example. Mr. Sherwani has been instrumental in shaping my career and continues to do so. His passion for constitutional law once led to a discussion on the Supreme Court’s judgments on “basic structure doctrine”. This discussion inspired me to prepare for the Advocate-on-Record (AOR) exam. Mr. Sherwani himself is an AOR and I have learnt a great deal from him. 

    At Luthra, I handled diverse matters pertaining to property disputes, IT laws, motor vehicle laws, IP, and criminal law. I significantly honed my drafting skills during my time in Luthra. However, I always aspired to start my independent practice—an idea fully supported by Mr. Sherwani.

    After starting my independent practice, I realized the need to refine my courtroom advocacy. Seeking mentorship, I joined the chambers of a prominent senior advocate, Mrs. Madhavi Divan (former Additional Solicitor General of India), who was kind enough to include me in her team. No discussion on my career trajectory would be complete without mentioning her contributions.

    Madhavi ma’am has a strong work ethic and unwavering consistency in preparation and performance. Despite thoroughly reading briefs, I often felt underprepared in conferences with her, as her questions pushed my intellectual limits. Over time, I began following her line of arguments and anticipating her questions. While assisting her in various matters, including arbitration, insolvency, property disputes, constitutional matters, I learned key advocacy skills—when not to speak in court, how to gauge a judge’s mind, restructuring arguments on the spot, etc. Mrs. Divan has been instrumental in my growth, and I continue to learn from her.

    Having worked with law firms and a senior advocate, what motivated you to establish your own practice? What were the initial hurdles you faced, and what inspired you to take the leap into independent practice, building a firm that reflects your values and legal expertise?

    I think every advocate in dispute resolution aspires to argue before the courts. While working at top-tier law firms, I worked on high-stake matters and assisted in briefing senior advocates but rarely got the chance to argue—rightly so, as I lacked the skills then. However, the urge to start my independent practice never faded. Unfortunately, the demanding law firm schedule left little time to act on it.

    Ironically, the Covid-19 lockdown gave me the opportunity to rethink my career path. Instead of picking up a new hobby, my then flatmate, Mr. Siddharth Jain (now my partner in our law firm), and I focused on taking up independent matters. We started by sending legal notices for corporate clients—companies looking for young lawyers who offered quality work at competitive fees. This instilled confidence in some clients, leading to the launch of our law firm, Jain & Saigal Law Offices, in September 2020.

    Starting out wasn’t easy. The biggest dilemma was leaving a handsome retainer for complete uncertainty—a tough decision every entrepreneur faces. Renting office space, hiring associates, and managing operations brought hidden challenges we hadn’t anticipated. But our determination and positive attitude helped us navigate the journey and build something we truly believed in.

    Starting your career as an associate in law firms and participating in high-profile and landmark insolvency cases must have been a significant learning experience. Could you share some key insights from these cases?

    When I had entered into the profession i.e., in 2017, the Insolvency and Bankruptcy Code, 2016 (IBC) was in its early days. The Reserve Bank of India had identified twelve (12) highly stressed corporate debtors—the “dirty dozen”—for resolution under IBC. Given the stakes, litigation was inevitable, with cases reaching the Supreme Court of India to address legislative gaps and uncertainties in the law. Most of the law firms across the country were engaged in these high-profile matters.

    My interest in insolvency law developed during law school days, even before IBC was enacted. I closely followed mechanisms like Corporate Debt Restructuring and Strategic Debt Restructuring, introduced after statutes such as SICA, SARFAESI, etc. failed to achieve the intended objective. Naturally, I wanted to work on the insolvency matters, and at Karanjawala, I was fortunate to be involved in cases concerning the “dirty dozen”.

    Attending long-hour conferences with clients and senior advocates was invaluable. These conferences made me learn about different perspectives involved in preparing arguments to be presented before the courts. It is not just the provisions of the statutes and their interpretations, or researching the case laws, but also the business’ perspective. In addition to studying the laws applicable, it is equally important for an advocate to understand the intricacies of its client’s business. Laws are meant to regulate business and commerce and not to prohibit them. Thinking beyond legal texts and grasping real-world business implications was my biggest takeaway from these experiences.

    Clearing the AOR exam is a remarkable achievement that speaks volumes about your legal acumen. How did you prepare for this challenging exam, and how has passing the AOR exam enhanced your legal practice, especially in terms of the quality of your representation and legal strategy?

    Preparing for the exam was a nostalgic experience. I studied with my law firm partner and an ex-colleague and a friend I met in Mrs. Divan’s chambers. It felt like college days again—last-minute cramming and somehow making it through. We had organized our schedules efficiently, giving us a full twenty (20) days to prepare. Fortunately, friends who had cleared the exam in the past few years guided us well.

    For me, self-study was the key. I had numerous notes and strategies from friends and other contacts, but they only added to my stress. What truly helped was analyzing past question papers, watching lectures by senior advocates, and studying the material available on the Supreme Court of India’s website. I am immensely grateful to the senior advocates who took time from their busy schedules to help us prepare through their lectures and notes.

    It’s still early to assess how passing the exam has impacted my legal practice, as the results were declared just a couple of months ago. However, the “Supreme Court matters” section in my firm’s “list of matters” is growing noticeably. We remain committed to delivering our best while strictly adhering to the Supreme Court Rules, 2013, and the Apex Court’s directions for the AORs.  

    Representing a high-profile retired bureaucrat in criminal defamation matter, is certainly a critical responsibility. What key legal arguments did you present in this case, and how did you approach defending such a prominent individual against serious allegations, ensuring a successful outcome?

    Unfortunately, this matter is sub-judice before the High Court of Delhi, therefore I cannot comment on this.

    You have been representing homebuyers in multiple courts across Delhi in recovery proceedings initiated by banks against those unable to pay EMIs after being deceived by builders. Could you share the key legal challenges you faced in these cases and the strategies you employed to secure a favourable outcome for your client? Additionally, how do you foresee the evolution of laws surrounding homebuyers’ rights and real estate projects in India moving forward?

    Despite multiple legal remedies available to homebuyers against builders under consumer laws, IBC, and RERA, they lack protection from banks’ recovery proceedings. Many homebuyers, after investing their savings and taking home loans for their dream house, continued paying EMIs, only to realize they had been duped by builders who never began construction or could not complete it in time. When some stopped paying the EMIs, banks initiated legal action(s) against them.

    The clauses of the contract obligates the homebuyers to repay the banks. Therefore, one of the biggest challenges was to determine the appropriate legal forum and remedies to protect the clients from banks’ recovery proceedings. Approaching the Delhi High Court under writ jurisdiction was not fruitful, as the Delhi High Court denied exercising its writ jurisdiction in matters concerning rights of the homebuyers arising purely out of contracts. Thus, beseeching the Supreme Court’s inherent jurisdiction was the only recourse. Initially, the Supreme Court stayed proceedings against homebuyers, but it has now allowed the proceedings before DRT and other tribunals to continue—while prohibiting the issuance of recovery certificates. Additionally, the Apex Court has ordered a special investigation team to probe the nexus between banks/ financial institutions and builders.

    The legal framework for homebuyers’ rights and real estate in India is evolving to enhance consumer protection and transparency. While RERA has strengthened safeguards, enforcement remains a challenge.

    Moving forward, I anticipate further judicial and legislative developments aimed at addressing delays in project completion, streamlining dispute resolution mechanisms, and imposing stricter compliance requirements on builders and banks/ financial institutions. Additionally, the interplay between RERA, insolvency laws and consumer laws, particularly in cases where builders default, might see further clarifications to ensure that the homebuyers’ rights are prioritized.

    There is also a growing demand for digitization in real estate transactions, which could lead to the integration of blockchain technology for property records and increased transparency in financial dealings. The state of Andhra Pradesh has already taken steps in this direction. The role of AI in addressing industry challenges remains to be seen. 

    Your unwavering commitment to the legal profession is truly inspiring. What has been the most rewarding aspect of your legal career so far, and what continues to fuel your passion for law? Additionally, what advice would you offer to the younger generation aspiring to build a successful career in law?

    The most rewarding aspect of my legal career has been the journey of establishing my own law firm. Building my practice from scratch, navigating complex legal challenges, and progressively gaining clients’ trust has been both fulfilling and humbling.

    As a first-generation lawyer, the challenges are constant and sometimes make me question my decision. However, these very challenges push me to improve, adapt, and thrive. The core driving force remains my fundamental duty—to listen to my clients’ concerns, provide them with the best possible solutions available under law, and represent them effectively before the courts.

    I am not sure if I have gained enough experience in the profession to be able to give advices. However, there are a few personal thoughts I can share from my journey so far. As a professional, one needs to always show up and inspire confidence in one’s surroundings—this profession demands commitment, and it is important to rise to the occasion. I also believe that one should broaden one’s perspective beyond law. A fair understanding of business, economics, philosophy, and current affairs can make you a more effective lawyer. Additionally, never trust the shortcuts that would inevitably come your way. Success in any profession is a marathon, not a sprint! Lastly, there is no thumb-rule for success, every individual has its own trajectory. One must trust the process and continue to give one’s best, success and excellence will follow.  

    Balancing a demanding legal career with personal well-being is undoubtedly challenging. How do you manage to strike a harmonious balance between your professional responsibilities and personal life, and what strategies do you employ to ensure that both aspects thrive without compromising either?

    Balancing a demanding legal career with personal well-being is undoubtedly challenging, and honestly, I often find myself struggling to fulfill my personal responsibilities. While I firmly believe that achieving harmony between professional and personal life is essential, I am yet to devise an effective strategy. It is something I am actively working on, especially because my mentors have always emphasized the importance of managing work in a way that ensures every aspect of life is taken care of. I hope that with time and effort, I will be able to strike that balance.

    Get in touch with Shubham Saigal –

  • “Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments” – Ritunjay Gupta, Advocate-on-Record and Founding Partner at Vidvat Legal.

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

    Having a background in Business Economics, what inspired you to pursue a career in law? How was your experience during law school, and how did it shape your professional journey?

    Law was not my first choice, nor was it the obvious path after studying Economics and Finance. My initial academic inclination was towards Finance, and I pursued it earnestly, even completing a Master’s degree. However, during my undergraduate years, I was introduced to Business Law and Company Law, subjects that I unexpectedly found both engaging and intellectually stimulating. I excelled in them, even receiving an award for my performance, which planted the first seed of curiosity about the law. That curiosity remained dormant until a friend encouraged me to attempt the Delhi University LLB entrance exam. Securing admission to the Campus Law Centre, Faculty of Law felt like an opportunity worth exploring, and once immersed in the study of law, I realized it was where I truly belonged.

    Campus Law Centre was an eye-opening experience. Unlike my previous academic settings, it was a melting pot of individuals from different backgrounds, each with unique motivations – some preparing for civil services, others drawn to political or judicial service roles. Few, like me, were focused on litigation and active practice. Studying law in this environment expanded my perspective, making me more attuned to the socio-political landscape and the practical realities of the legal profession. It wasn’t just about learning the law from textbooks; some of the most insightful debates happened informally, in the ‘Bamboo Garden’ next to the canteen.

    Beyond academics, law school imparted valuable lessons that have remained with me. It taught me the importance of being approachable to people from diverse backgrounds and recognizing that intelligence is not determined by fluency in English, especially in courts across the country where different languages are used for argument. It also deepened my understanding of the intricate relationship between law and the broader socio-political landscape. Above all, it reinforced the importance of perseverance, a quality that continues to guide me in my legal career.

    You completed your Masters at Columbia Law School, New York. What motivated you to choose Columbia Law over other institutions, and how has your experience there influenced your career? How has this degree been advantageous in your legal practice?

    I chose Columbia Law School for its strong focus on international arbitration and commercial law, fields I was keen to specialize in. Columbia’s arbitration faculty is among the best in the world, led by Professor George A. Bermann, Director of the Centre for International Commercial & Investment Arbitration, alongside Professors Kabir Duggal and Robert Smit. Their presence attracts leading professionals and practitioners to engage with students through guest lectures and lunchtime seminars, making Columbia a hub for arbitration discourse. The fact that Columbia is located in New York was an added advantage. The city’s vibrant legal ecosystem offers unparalleled exposure, from regular events at top-tier law firms to seminars and workshops organized by the NY City Bar and State Bar associations. Columbia Arbitration Day is another standout event, bringing together global stalwarts in arbitration to discuss the latest developments in the field. 

    Studying at Columbia reshaped how I approached the law. The learning environment encouraged critical thinking, collaboration, and exposure to global perspectives. With classmates from over 50 countries, discussions went beyond textbooks, offering insights into different legal systems and approaches. The faculty also made a lasting impact. For example, Professor Paul Shechtman, who taught Evidence and Criminal Adjudication, often used courtroom scenes from movies like ‘A Few Good Men’ and ‘12 Angry Men’ to explain legal principles, making learning engaging and memorable.

    A key highlight was working as a Research Assistant to Professor Bermann, contributing to his book ‘Twilight Issues in International Arbitration’. This experience deepened my understanding of arbitration and reinforced the advantage of pursuing an LLM after gaining work experience. Unlike traditional academic programs, an LLM at Columbia is not about competition but personal and professional growth.

    The degree has been invaluable in my legal practice, particularly in refining my approach to complex disputes and arbitration. It has also given me access to leading legal professionals across the globe. With cross-border transactions and disputes becoming increasingly common, it is essential to have access to legal knowledge that transcends jurisdictions. Having friends and colleagues working across different legal systems has been incredibly beneficial. For instance, very recently, in an international arbitration involving U.S. laws and a Delaware corporation, a corporate lawyer and dear friend from Columbia, well-versed in those laws, helped me strategize my approach to the dispute. This is just one of many such instances. Additionally, referral work from friends abroad has been an added bonus. I often serve as their point of contact in India, which has been mutually beneficial.

    Most importantly, the degree has given me credibility, which is invaluable in my profession. With so many lawyers in the country offering, on paper, similar skillsets, the LLM and a foreign-bar qualification has helped me differentiate myself. It has ensured that clients view me in a different light, recognizing the value I bring to the table. In a competitive market, that distinction is crucial.

    At J. Sagar Associates, you worked on a diverse range of matters, including constitutional law, corporate governance, insolvency etc. How did working across such varied legal domains shape your understanding as a lawyer? What were the experiences that have stuck by you?

    JSA was my first job, and like any young lawyer, I was just learning the ropes. What made the experience truly enriching was the diversity of matters I was exposed to across various forums, including the Supreme Court of India. Unlike many large firms where junior associates rarely see the inside of a courtroom, JSA had a strong culture of ensuring its lawyers attended court regularly. This early exposure to court craft played a significant role in shaping my understanding of litigation.

    Working on high-stakes, complex disputes meant that research was at the heart of everything we did. As juniors, we were expected to delve deep into legal principles, dissect arguments, and anticipate counterpoints. This process instilled in me the discipline of extensive reading, a habit that continues to serve me well. Another key advantage of being at a top-tier firm was the opportunity to interact with some of the finest Senior Advocates in the country. Sitting in case conferences with them, observing how they analysed a brief, structured their arguments, and approached strategy was an invaluable learning experience.

    I was also fortunate to work under a mentor who was exceptional in corporate and contract law. His insistence on first-principles thinking kept me on my toes. I had to be thoroughly prepared before even approaching him for a discussion. This ensured that I developed a strong foundation in legal reasoning and analytical skills early on.

    JSA’s marquee clients in the construction and banking sectors further honed my expertise in arbitration and financial law. Many of these cases laid the groundwork for my later specialization in insolvency and arbitration. The firm’s rigorous environment, 100+ hour weeks, working weekends, and months without a holiday was undeniably demanding. But it taught me the value of perseverance, attention to detail, and consistency – qualities that are indispensable for success in the legal profession.

    As a Research Assistant at Columbia Law School, you contributed to drafting chapters for the book Twilight Issues in International Arbitration. How did this research experience deepen your understanding of international arbitration, and how have you applied these insights in your own practice?

    Working with Professor George A. Bermann on ‘Twilight Issues in International Arbitration’ was an incredible learning experience. Every year, Professor Bermann takes on several research assistants, but only a select few get the opportunity to contribute to major projects like this book. I was fortunate to be among those chosen. The book was a four-year project, and during my time at Columbia, I had the privilege of assisting for a year alongside five other students.

    Before this, I had read about international commercial arbitration but had little exposure to twilight issues. These are matters that lack clear legal authority, leaving tribunals to rely on ‘soft law’, general principles, or comparative approaches. Researching topics such as corruption, res judicata, iura novit curia, collateral estoppel, lis pendens, costs, and ethics helped me understand how arbitration functions beyond codified law. This experience also gave me a nuanced perspective on how different jurisdictions approach these unsettled issues and whether international standards are emerging.

    One of the most unique aspects of the research was our access (albeit limited access), granted with Professor Bermann’s approval, to hundreds of confidential arbitral awards from the American Arbitration Association (AAA). Studying these awards provided rare insight into how tribunals across different legal traditions navigate twilight issues. It also deepened my understanding of international arbitration from a common law perspective, particularly the reasoning processes of U.S. based tribunals.

    In my practice, this exposure has been invaluable. Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments.

    While at IndusLaw, you represented clients in ad-hoc and institutional arbitrations, both domestic and international. How do you view the Indian arbitration framework in comparison to international arbitration mechanisms, and what do you think the future holds for arbitration in India?

    At IndusLaw, I had the opportunity to work on a range of high-stakes arbitrations, including leading a major SIAC arbitration seated in Singapore. Collaborating with top global legal professionals and law firms reinforced my understanding of international arbitration frameworks and best practices.

    While India has made strides in arbitration, it remains far from being a global hub. Judicial intervention, procedural rigidity, and the tendency to appoint retired judges often make arbitration as slow and expensive as court litigation. The frequent challenge of arbitral decisions in courts undermines the efficiency arbitration is meant to provide. Alarmingly, some public sector entities are even moving away from arbitration in their contracts.

    The outlook is not entirely bleak. Both the government and the private sector are advocating for institutional arbitration, businesses are increasingly prioritizing settlements, and the rise in foreign investments is leading to adoption of more institutional arbitration clauses. For arbitration to progress meaningfully, young practitioners must refine their expertise through advanced education, specialized training, and practical experience. Additionally, India needs to foster a pool of specialist arbitrators with a deep understanding of modern commercial disputes, rather than relying predominantly on retired judges. With increasing cross-border transactions, Indian arbitration cannot function in isolation. It must align with international best practices to remain competitive and truly serve its intended purpose of efficient and effective dispute resolution.

    What inspired you to establish Vidvat Legal? Leading complex litigation and arbitration matters across various forums, could you share some of the most challenging and impactful cases you’ve handled since founding your firm? What strategies do you adopt to manage high-stakes disputes and ensure a successful outcome for your clients?

    Starting Vidvat Legal was a conscious decision driven by the need to push my boundaries as a lawyer. After years in top-tier firms, I had gained extensive experience handling high-stakes matters, honing research and drafting skills, and learning to navigate complex disputes. But I wanted to go beyond just being a skilled practitioner. I needed to understand the business side of law i.e., how to generate and retain clients, build long-term relationships, and create tangible value for those I represent. Equally important was the challenge of operating independently, without the built-in support systems of a large firm. Independence has also allowed me to explore areas I had never ventured into before, such as trust law, employment law, land law and constitutional matters.

    One of the more challenging cases I handled after founding Vidvat Legal was representing a Sequoia-funded startup (operating in over 60 countries) in a SIAC arbitration seated in Singapore. The dispute, against a London-based customer, centred on claims for service fees, resource costs, and setup charges under the company’s master services agreement. The case’s multi-jurisdictional nature required navigating international arbitration frameworks and foreign contract laws. Midway through the proceedings, I led settlement negotiations and secured a favourable resolution of over USD 200,000. After the matter was resolved, I worked closely with the client to strengthen their master services agreement and localize employment contracts, ensuring they were more robust and better equipped to prevent similar disputes in the future.

    Another impactful matter was representing (pro-bono) a batch of Delhi University students whose first-year examination results, conducted during COVID, had not been declared even as they approached their final year. The delay had severe consequences, preventing them from applying for higher studies and job opportunities. With college officials unable to resolve the issue, I studied university byelaws, and education guidelines to build a strong case. After petitioning the university, the matter gained traction, and during the pendency of the case, DU finally released the students’ grades, providing them the relief they had been waiting for.

    Success in high-stakes disputes is not just about winning but about managing client expectations and mitigating risks. My approach is simple. Master the facts, conduct rigorous research to ensure well-founded arguments, and draft pleadings that are clear, concise, and structured for ease of comprehension. Keeping clients engaged with timely updates and feedback is crucial. In hearings, I focus on being articulate, respectful to the bench and opposing counsel, and ensuring that every argument serves a strategic purpose.

    With your admission to practice in both India and New York, and now serving as an Advocate-on-Record at the Supreme Court of India, how do you navigate the differences between the legal systems of these two jurisdictions? How has practicing in both countries shaped your approach to legal matters, and what challenges or advantages have you experienced in doing so?

    I do not actively practice New York law, but my understanding of it plays a crucial role in international disputes, especially those governed by common law principles. While the procedural aspects of different jurisdictions vary, at its core, law is about logical reasoning. Beyond the specific wording of statutes, common law principles remain largely consistent and are applied in similar ways by courts in India and abroad. Rather than navigating stark differences, my experience in both systems complements my practice and allows me to approach disputes with a broader perspective, particularly in cross-border matters.

    Your legal expertise spans a broad array of fields, which is commendable. What advice would you offer young lawyers who aspire to build a diverse and successful legal career like yours? What skills, qualities, and mindset do you think are essential to thrive in today’s competitive and multifaceted legal environment?

    Building a diverse and successful legal career begins with a strong foundation. While specialization has its advantages, early exposure to different practice areas provides a broader understanding of the legal landscape and equips you to handle complex, multi-faceted matters. The ability to think critically and apply legal principles across domains is invaluable, allowing you to refine your focus over time based on your strengths and interests. Success in law goes beyond knowledge of statutes and precedents. It requires a problem-solving mindset, adaptability, and a commitment to continuous learning. In a field shaped by evolving regulations and judicial trends, those who stand out are not just those who work hard but those who work smart by seeking mentors, building strong professional relationships, and finding ways to distinguish themselves in a competitive environment.

    The reality of the profession is that it is not always a level playing field. Opportunities do not come equally to everyone, whether in securing internships, landing jobs, receiving promotions, or even in the way clients and courts perceive you. Merit is important, but it is not always enough on its own. Recognizing this early and focusing on positioning yourself strategically will help you navigate these challenges more effectively.

    Commitment to the profession often comes at the expense of personal time, with long hours and urgent matters disrupting plans. Flexibility and resilience are necessary to thrive in this demanding environment. Despite the challenges, the intellectual stimulation, career growth, and the impact you can create make the sacrifices worthwhile. If you remain dedicated, disciplined, and focused, the legal profession will offer immense rewards in the long run.

    Managing a demanding legal career while maintaining personal well-being is undoubtedly a challenge. How do you manage to strike a balance between your professional responsibilities and personal life, and what strategies do you use to ensure both aspects are in harmony?

    Balancing a demanding legal career with personal well-being is an ongoing challenge, and I would not say I have mastered it yet. It is a constant effort, with some days feeling overwhelming and others more manageable. There is no perfect formula, but I have learned to prioritize based on impact. When it comes to case preparation or any matter that directly affects a client, I ensure that I dedicate the necessary time and focus. However, when it is about networking or attending outreach events, I make a conscious effort to prioritize my personal life, spending time with family and friends.

    Time with family is something I deeply value, and I make it a point to take breaks whenever possible to step away from work and be with those who matter most. Even during busy periods, I find small ways to stay connected. For instance, while driving, I use the time to catch up with friends and family over calls, making the most of the uninterrupted hours in traffic. Striking a balance is not easy, but being intentional about how I spend my time helps ensure that both my professional commitments and personal well-being receive the attention they deserve.

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