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  • “The key to building a successful legal career is to have a strong understanding of core legal principles. I would advise law students to intern in different practice areas and gain experience in both litigation and corporate law.” – Mansi Singh,   Partner at BTG Advaya.

    “The key to building a successful legal career is to have a strong understanding of core legal principles. I would advise law students to intern in different practice areas and gain experience in both litigation and corporate law.” – Mansi Singh, Partner at BTG Advaya.

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

    With your distinguished and extensive legal career, could you share the initial catalyst that sparked your passion for law? Was there a defining moment or experience that led you to pursue this field, or did your interest develop gradually over time?

    I arrived at my career choice after exploring various options and narrowing down the ones that did not align with my interests or goals. In other words, I kind of chose this career by crossing out everything I did not want to do but once I chose my career path, I dedicated myself fully to it. I consistently worked hard to develop my skills and grow within the field. 

    Looking back at the early stages of your career, what were some key experiences that significantly enhanced your understanding of the law? How did these formative moments influence the direction and trajectory of your professional journey?

    In the early stages of my career, the key learnings came from actual exposure to client work which also included litigation where observing court proceedings and drafting pleadings gave me a strong understanding of the real-world application of legal principles. On the corporate front, client interactions and negotiations helped me understand legal documents from a business perspective. I learnt that no client is looking for a lengthy memo full of disclaimers. Clients seek practical, commercial and easy to implement legal advice. While a strong understanding of the law is of the utmost importance, it is crucial to find business friendly solutions for the client. 

    Another defining moment for me was winning the International Bar Association’s Aviation Law Committee’s Annual Scholarship in 2017 and travelling to Sydney for the Annual Conference. This included an opportunity to make a presentation before senior legal professionals. The IBA conference brings together thousands of legal professionals from across the globe. The opportunity to interact with senior lawyers from different jurisdictions helped me understand the legal trends, opportunities and challenges faced by lawyers in different parts of the world. It also helped me improve my communication skills by engaging in panel discussions and networking events. Most importantly, I made many global connections that I truly cherish. 

    I have also been lucky to find mentors who trusted me when I was a young lawyer trying to understand the nuances of legal practice. Mona Bhide, Managing Partner, Dave & Girish & Co. and Ramesh Vaidyanathan, Managing Partner, BTG Advaya have been instrumental in shaping my growth by not only providing guidance on navigating complex legal issues but also invaluable insights on balancing personal and professional growth.

    Your practice involves advising both multinational and domestic corporations on various corporate and commercial matters. Could you outline some of the primary challenges companies encounter when doing business in India, and how do you assist them in overcoming these obstacles?

    Doing business in India, entails navigating a complex regulatory landscape. Any person looking to invest in India must perform due diligence to ensure that they can invest in the planned activities. It is important to include sufficient contingencies in planning and timelines for setting up business in India.  Indian company laws and labor laws set out extensive operational requirements, and non-compliances can lead to fines, penalties, and criminal liability, including liability attaching to directors and management of the Indian company. The key to successfully doing business in India is to have experienced legal advisors and compliance managers and maintain an annual audit checklist. 

    Corruption risks in India are generally perceived to be high due to the bureaucratic environment, particularly in specialized sectors such as government procurement and real estate. I advise my clients to clearly communicate the company’s ‘zero tolerance’ policy towards corruption and institute whistleblower and anti-bribery training programs for India-specific projects.

    India’s tax regime is complex and evolving, with stringent compliance requirements. The nuances of Indian tax laws and documentation requirements can significantly impact transaction structures. Failure to address these tax considerations early can lead to unexpected tax costs, compliance delays, and potential legal challenges, ultimately derailing business objectives. A proactive approach to Indian tax planning is essential to avoid surprises and safeguard strategic goals.

    As an external member of Internal Committees under the anti-sexual harassment law, what are the key legal considerations companies should keep in mind when establishing these committees? How do you ensure they effectively address complaints and foster a safe working environment?

    The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) requires an employer to set up an Internal Committee (“IC”) at each office of an organization employing ten or more employees to hear and redress grievances pertaining to sexual harassment. There must be a minimum of four IC members including a senior level woman employee as the Presiding Officer, two other members from employees and an external member. While the minimum requirement is to have four IC members, it is advisable for the IC to have an odd number of members to effectively address any conflicts that may arise. 

    Further, it is important to sensitize employees and train IC members about the requirements of the POSH Act. Many companies rely on online training platforms for employee education but conducting at least one in-person workshop every year led by a professional expert in this field can offer employees and the IC a comprehensive understanding of the POSH Act. Some key aspects that the IC must keep in mind while addressing sexual harassment complaints is that sexual harassment is not just about the man’s intent but the women’s perception, the IC must follow principles of natural justice and provide fair opportunity to both the parties to make their submissions, act in an unbiased manner as per due process, maintain confidentiality and ensure non-retaliation at all times. The IC must document/record every aspect of the enquiry process and adopt an empathetic, objective and fair approach. 

    With your extensive experience in aviation law, particularly regarding aircraft registration and deregistration, what are some of the primary legal and regulatory challenges in these processes? How do you support your clients in ensuring compliance with aviation regulations?

    Registration of an aircraft is a comparatively easier process, but clients often face challenges during deregistration and repossession of aircraft. In case of leased aircraft, once an application is received from an aircraft lessor being the irrevocable deregistration and export request authorization (IDERA) holder in the prescribed format, the Directorate General of Civil Aviation (“DGCA”) must deregister the aircraft within 5 working days. However, the airport operator must be paid the dues relating to the aircraft if the same are unpaid. Similarly, any other entity that has outstanding dues pertaining to the aircraft may also submit their claims to the DGCA. In cases where the lessee refuses to make the above payments, the lessors often end up paying them on behalf of the lessee and thereafter recovering them from the lessee is often an expensive and time-consuming process. 

    India acceded to the Cape Town Convention in 2008, but an enabling legislation was not passed. As a result, some domestic laws such as the Insolvency and Bankruptcy Code, 2016 (“IBC”) conflicted with the provisions of the Cape Town Convention. If an airline filed for bankruptcy (such as the recent Go First case) the lessors were prohibited from repossessing their aircraft during the moratorium period. However, by way of a notification that was issued in October 2023, aircraft and aircraft equipment were exempted from the moratorium provisions under the IBC. Also, the Cape Town Convention Bill is presently awaiting Presidential assent to become the law. Once, the Cape Town Convention Bill is passed, it will accord supremacy to the Cape Town Convention and will streamline the process for deregistration and repossession of aircraft from India. 

    I assist my clients by providing them with regulatory and compliance support, assisting them in liaison with the DGCA and other regulatory authorities, assisting with drafting and reviewing transaction documents such as aircraft purchase and lease agreements and advice on structuring of transactions and risk mitigation strategies.

    In your practice involving airline operations, what are some of the most frequent consumer grievances, and what legal frameworks exist to address these issues?

    Most consumer grievances relate to delays, cancellations and refunds. The DGCA has launched the “AirSewa” web-portal/mobile application to deal with passenger grievances.  The Civil Aviation Requirements also provide for facilities/compensation to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights. Passengers can file grievances related to delays, cancellations, etc., on the AirSewa portal.   The Consumer Protection Act, 2019 also provides for remedies for passengers to claim compensation for any deficiency in the services provided by the airlines.

    As the Senior Vice Chair of the Aviation Law Committee of the International Bar Association and Chair of the India Wing of the International Aerospace Women’s Association, how do you envision the future of Indian aviation?

    The aviation industry in India has emerged as one of the fastest growing industries in the country and has recovered from the Covid-19 pandemic with passenger numbers exceeding the pre-COVID levels.  With disposable income in India growing, the demand for air travel will only keep increasing. To cater to the growing demand, the airlines in India have huge order books and the Government of India has been working towards increasing the number of airports. The success of Indian aviation will depend on infrastructure development to support the growing demand, policy reforms to meet global expectations and availability of skilled labor. Investments in emerging technologies with a focus on sustainability will also be an indispensable consideration for the growth of the industry. 

    For aspiring law students who wish to follow a similar career path, what advice would you offer in building a successful legal career? In today’s evolving legal landscape, especially with the growing impact of technology, what skills or personal attributes do you consider most vital for achieving long-term success?

    The key to building a successful legal career is to have a strong understanding of core legal principles. I would advise law students to intern in different practice areas and gain experience in both litigation and corporate law. This will help in understanding the full spectrum of legal work from courtroom procedures to commercial drafting and negotiations. Early exposure to different practices also helps in discovering one’s interests and strengths. Internships also provide an opportunity to build professional relationships, and this may open doors to future job opportunities.  Further, we live in a fast-paced world driven by technology and it’s a lot easier to stay updated today. One should inculcate a habit of reading every day to stay abreast of legal developments. 

    Throughout your career, what strategies do you employ to maintain a healthy work-life balance, and what advice would you offer to others seeking to balance career ambitions with personal responsibilities and community involvement? 

    Maintaining a healthy work-life balance is not always easy but you have to put that on your priority list. There will be days when you manage work better and there will be days when you manage your personal life better, there is no perfect balance. Prioritizing and having a written to-do list helps me to identify and focus on the most important tasks each day. Over the years I have also learnt the importance of saying ‘no’ without feeling guilty.  If you ever feel overwhelmed by the increasing workload that could result in stress or reduced productivity, I suggest having an open conversation with your seniors. 

    It is also important to build a strong support system. Having colleagues you can trust and rely on and having a family that supports your aspirations and well-being is the biggest blessing. Finally, invest in self-care. Try to find some time to exercise, sleep well and take that holiday that is on your bucket-list to re-energize yourself. Remember that you cannot pour from an empty cup. 

    Get in touch with Mansi Singh –

  • “Over the years I have realised that litigation requires a lot of persistence, reliance and tests you at all times. However, it is one of the most satisfying professions.” – Aparna Devkar, Independent Advocate at Bombay High Court.

    “Over the years I have realised that litigation requires a lot of persistence, reliance and tests you at all times. However, it is one of the most satisfying professions.” – Aparna Devkar, Independent Advocate at Bombay High Court.

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

    Your impressive journey in the legal field is truly inspiring. What first motivated you to pursue a career in law, and were there any pivotal moments or formative experiences that influenced your decision to embark on this path? 

    My introduction to law was due to my father. He was in the administrative services. While in service, he was posted as an Additional Collector in Pune. The charge required him to conduct appeals arising from revenue authorities. I would see him study the case, read law, dictate orders, which fascinated me. He would often say that having knowledge of law is extremely crucial for every citizen and empowering. That stuck with me. 

    I was always interested in social science and hence took up Arts stream in junior college. Those two years in Ferguson College, Pune,  helped me gain a basic understanding of what law as a subject would entail. I had a wonderful professor of Political Science in Fergusson,  she motivated me to study law. Fergusson also conducted lectures and talks by luminaries in the profession, which further inspired me. 

    With a decent score in 12th board exam and with a State Scholarship, I qualified for admission in the prestigious ILS, Pune. 

    Your decision to pursue an LL.M. in Corporate Law at Queen Mary University in London is a remarkable step in your career. What specifically attracted you to this area of specialization, and how did your experience there differ from studying in India? Could you share any memorable moments from that time? 

    Subjects such as corporate governance and investment in developing countries were of particular interest to me. So I decided to explore further through a Masters program. Queen Mary, University of London, had one of the best LLM programs. 

    When I went there, the college offered induction sessions, offering the students to attend classes of all subjects and then take a final call. Having attended various lectures and upon having a basic understanding of the structure and the modules, I decided to opt for LLM in Corporate Law, which included corporate governance and investment in developing countries.

    Exposure to a different education system was interesting, as it promotes deeper understanding of the subject, with extensive reading lists. The attempt is to introduce a student to both sides of any given concept and promote analytical thinking. London is a melting pot of international students, interaction with people from diverse backgrounds gives you perspective and appreciation for ideas and expressions of a problem. 

    The techniquesI learnt during LLM, of reading and research, continue to help me in practice as well. 

    Your career has clearly been shaped by a wealth of experience. In the early stages of your professional journey, what were some key experiences that helped refine your skills, particularly in Arbitration Law, and deepened your understanding of the field? 

    I was introduced to arbitral proceedings quite early in my career. In my experience, one should not confine  oneself to only a particular subject of law. A holistic experience is necessary, especially court appearances and knowledge of trial. What truly helped me was observing hearings in Court Rooms. The lessons one can take away by simply sitting in court and observing court proceedings are massive. 

    Having been involved in a variety of suits, writ petitions, and trials, your diverse experience speaks volumes. Which case stands out as one of the most interesting, and how did you navigate it? 

    One of the cases which I dealt with, in early years of my independent practice, was that for Wardha Municipal Council. The issue involved was regarding a works contract and whether the disputes arising out of a work contract can fall within ambit of MSMEDAct,2006. The stage at which the brief came to me was when the order of the lower court rejecting relief under Section 9 Petition was stayed by the Hon’ble High Court. When I read through the papers, I engaged with the executive engineer, who was in charge of the project on behalf of the Council and tried to understand how the contract actually worked. Having realised that it was a composite contract, I re-visited the legal definition of the term “works contract” and the jurisprudence regarding the same. The jurisprudence on the issue was settled by a judgement of the Hon’ble Apex Court and the Hon’ble High Court Bombay, observing that a works contract is a composite contract and hence will not be governed by provisions of the MSMED, Act, 2006. The other issue involved was whether an MSME can take benefit of the MSMED Act, retrospectively, as it registered itself after being awarded the contract. The matter was heard extensively and the Hon’ble Court was pleased to hold in my favour. Subsequently, various High Courts followed the said judgement. 

    What was interesting about the matter was the research aspect as also the interest I developed in understanding the MSMED, Act, 2006. The Act being an important and beneficial piece of legislation, I was intrigued by it and by researching more, I have also dwelled into writing articles on varied aspects of the MSMED Act. 

    With your extensive background in handling numerous arbitration matters, what do you foresee for the future of arbitration in the country, and how do you see technology influencing the ADR process and its mechanisms? 

    I believe that given the current socio-economic status of our country, globalization and with the aim is to make our country a hub/center for international arbitration, the scope and importance of ADR process is going to be massive. Another reason is the fact that it is less time consuming and cost effective. Speaking of commercial disputes, with compulsory pre-mediation requirements under the Commercial Courts Act, 2015, I have seen a large number of commercial disputes being settled at pre-mediation stage. May it be commercial disputes or private disputes, the parties involved will always prefer an effective solution to their problems, which is offered by ADR. Having said that, it is also necessary that institutional arbitrations and mediations are promoted. The advantage that such institutional centers would hold, is availability of technical experts, who can help resolve issues in an effective manner. 

    Technology and its development has been positively impacting all professions, including the legal profession. Post COVID-19, the comfort and ease in conducting proceedings virtually, has grown immensely. The same is convenient and cost effective. Technology has also given impetus to ODR (Online Dispute Resolution) and one can see a rise in ODR. 

    Your role as a visiting professor at both NUJS and Government Law College Mumbai adds an incredible dimension to your already impressive career. What motivated you to take on this role, and how does it complement your independent legal practice? 

    During COVID 19 and the Lockdown, I had an opportunity to co-author an article with a friend of mine, which was carried in the Asian Business Law Journal. It was this article which caught the attention of one of the members of NUJS and they approached my friend and me to conduct lectures. 

    May it be NUJS or GLC, Mumbai, in both the cases I realised that students are extremely well read and aware. The Internet facilitates immediate access to information. The only edge a lecturer has, is the practical experience of how law is interpreted and applied by Courts of Law. 

    While preparing for the lectures, I referred to various commentaries and reading materials, which helped me brush up my knowledge. The experience has been extremely enriching. I have thoroughly enjoyed it. 

    Given your wealth of experience across various areas of law, your advice would undoubtedly be invaluable to aspiring legal professionals. What guidance would you offer to students looking to build a successful career in law? Are there specific resources or strategies you would recommend? 

    Over the years I have realised that litigation requires a lot of persistence, reliance and tests you at all times. However, it is one of the most satisfying professions. 

    My senior Mr. M.M. Vashi (Senior Advocate), would always stress on the necessity of reading your brief cover to cover and have a thorough research. He would always maintain that the skill of a lawyer always lies in sticking a fine balance between being an officer of the court and presenting your case persuasively. The fear of the outcome is natural but that shouldn’t deter you from putting forth your case in the best and the most fair manner possible.

    This advice continues to guide me as an independent practitioner.Observing and hearing court proceedings is another excellent way of learning both the law and court craft. 

    Throughout your distinguished career, what strategies have you used to maintain a healthy work-life balance? What advice would you give to others striving to balance their professional ambitions with personal commitments? 

    It’s extremely important to have a supporting family and good friends, both , within and outside the profession. My family has always been a motivating and an anchoring factor in my life.  

    During down time, especially on a Friday evening, my other lawyer friends and I often go out to explore different cafes in the city. 

    I am personally a great believer in leading a healthy lifestyle and having a dedicated fitness regime. My workout sessions are like mediation for me. It not only helps as a stress buster but is also refreshing. I truly believe that if one is looking for longevity in any profession a healthy body and mind is crucial. It brings in the required discipline, a sense of routine and dedication, essentially, all attributes necessary for a steady career, in whichever opted field. 

    I would surely recommend making concrete efforts in carving out some “me time”, honing a hobby, which helps you unwind and refresh.

    Get in touch with Aparna Devkar –

  • “My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession.” – Akshay Srivastava, Advocate-on-Record at Supreme Court of India.

    “My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession.” – Akshay Srivastava, Advocate-on-Record at Supreme Court of India.

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

    Having built a successful legal career and currently being an AOR, what initially inspired you to pursue law? Was there a defining moment that confirmed your decision to embark on this profession? Additionally, how did your experience at Symbiosis Law School Pune contribute to shaping your legal journey?

    Honestly, law was not my first choice. I initially wanted to join the army as I was into sports and athletics. However, nobody in my family has been in the forces and everyone I had or looked up to was a professional working in different areas. My parents are entrepreneurs and my elder brother had already chosen IT and Engineering sector, which was considered very rewarding then. I had the option of wanting to do something different and got all the support from my family. By class 12th I ended up eliminating the army option. I had narrowed down my choices to business administration or law. Back in 2011 law was still a lesser-known option for students and there was some novelty in the prospects of joining a law school. At that time, I was lucky because one of my cousins had joined RGNUL, Patiala in 2009, and I also got some very positive feedback from him regarding the subjects for the course. Few of my very good friends had also started their preparation for law entrance in class 11 and an interaction with them, and looking at the past law school entrance test papers interested me enough to sit for these exams. I ended up writing a couple of these exams and joined Symbiosis Law School, Pune, which was the best decision I ever made. Symbiosis played an instrumental role in shaping my journey. The kind of exposure I got there by interacting with people from different backgrounds, participating in moot court competitions and other extracurriculars really helped me grow both personally and professionally. 

    As you began your legal career, what were some of the key learning experiences that shaped your path? Starting as an Associate with a litigation office, what were the pivotal moments and challenges that were faced by you?

    Despite my urge to sound positive and encouraging, I must admit that the initial years were quite tough. As a first-generation lawyer in a new city, everything felt overwhelming—getting nervous before every matter, second-guessing my drafts, worrying about whether my seniors would approve, etc. But I was lucky to have some great mentors who have been very supportive and have led by example to instill in me the values and importance of consistent hard work, developing an eye for detail and being clear in thought and words.

    After transitioning to another firm and handling a variety of cases, including landmark Supreme Court cases for homebuyers, could you share your experiences from these cases? Specifically, what challenges did you face while representing homebuyers, and how did the judgment/order, particularly regarding the definition of homebuyers as ‘financial creditors’ under the Insolvency and Bankruptcy Code, affect their rights?

    After working for almost a year at the office of a Senior Advocate, I moved to PSP Legal in 2017, where my legal career really picked up pace. At PSP we handled a lot of cases for aggrieved homebuyers across the NCR region. When I had joined in 2017, the prevalent option with the homebuyers was to go under the consumer protection regime. However, the process had its own limitations where although the homebuyers were successful in obtaining decisions in their favour, yet there were constraints in having them executed against the real estate entities. Needless to say, we faced tremendous opposition from the real estate players to refuse enforcement, often citing poor financial health of the sector as a whole. 

    We had also explored other legal remedies where criminal proceedings were also initiated on behalf of the homebuyers against a few promoters of the real estate entities for their criminal actions where all monies of the homebuyers had been siphoned off for their personal gain. 

    The laws around insolvency and its application to the real estate sector were still evolving at that time. However, we took charge and had initiated IBC proceedings against several established real estate players. Again, there was severe resistance against these actions, and the proceedings were dragged across several forums (NCLT, NCLAT, Delhi High Court and Supreme Court) in a relatively small amount of time, and we were fortunate to represent the homebuyer interests in all these proceedings. 

    The big breakthrough came when the Supreme Court confirmed that homebuyers are financial creditors under the IBC, in Pioneer Urban Land and Infrastructure Limited & Anr. v. Union of India &Ors. (2019). In this case we faced an initial setback as the Supreme Court had stayed all NCLT proceedings under IBC against the real estate builders initiated by the homebuyers. Finally, this judgment came as a big relief for the homebuyers and the homebuyers were confident in initiating similar proceedings across the country. 

    The whole journey (which is still ongoing), involving working non-stop in preparation for days, has been very rewarding. The cause of the homebuyers has become something very close to my heart, as some of our clients had put in their entire life savings and were left with nothing—not even legal clarity on how to fight back. To play a small part in their betterment, and in the development of the law was very satisfying. These cases also put a spotlight on PSP’s practice in this niche area of law. 

    With your extensive experience in both arbitration and real estate law, how do you foresee the future of these areas evolving, especially considering the continuous changes in regulations and legal developments?

    In real estate law, there is still a lot of uncertainty especially with conflicting court rulings on similar issues. Whether it is RERA or the Consumer Protection Act, we also have to deal with situations where there are overlapping remedies under different legislations, and it becomes an important factor for advising on solutions to a particular legal problem. However, considering that the legal framework in the sector, especially under RERA, is still nascent, we are hopeful that critical issues (like construction of stalled projects, issues with banks disbursing loan amount directly to the builder without any due diligence and enforcement of the orders/directions) would be ironed out soon.

    Arbitration has a lot of potential, but it is still expensive and not as efficient as it was designed to be. There is a lot of talk about India becoming a global arbitration hub, but we have got some ground to cover in terms of legal reforms and meeting the practical challenges.

    Another big challenge is enforcement/execution of decisions, which is native to both real estate law and arbitration. Even after you win a case, enjoying the fruits of the decision can take years. The Supreme Court’s judgment in Periyammal (Dead) Through Lrs & Ors.  v. V. Rajamani & Anr. Etc. (2025) is a step in the right direction as it has brought much needed reform and accountability in how lower courts/tribunals handle execution matters. However, how these directions are carried out into actions by the executing courts (especially in the face of shortage of judges and court staff, and judicial pendency) is something which we must look out for.

    Becoming an AOR is a significant achievement. What motivated you to take the exam, and what steps did you take to prepare and succeed? How has becoming an AOR enriched your legal practice?

    The AoR exam and the system of representation only through AoRs has a reputation of its own—and rightly so. I found the exam to be tough, mostly because you need to know the procedural aspects of law inside out, and it requires you to write longhand answers, which we are not used to any more after college. 

    What pushed me was the desire to have a separate identity at the Bar. As a first-generation lawyer, becoming an AoR felt like a major personal and professional milestone. Initially, as I was slowly getting familiar with the practice at the Supreme Court, I realized that being enrolled as an AoR would be a good value addition to my career and would give me a foothold towards perhaps setting up my own practice in the future. 

    The preparation for the AoR exam takes time so you must be consistent towards digesting the mandatory reading material, including study several landmark judgments which are part of the exam syllabus. However, I liked the process of preparation as it makes you pause and revisit several fundamental concepts, particularly for understanding procedural law and constitutional law principles, which are often missed out in the humdrum of day-to-day practice. It also helps in being updated with the recent developments in several topics of law.

    Since qualifying, I have noticed a positive difference in how clients and colleagues perceive my work and me as a lawyer, which is very encouraging.

    Can you discuss your experience of appearing and arguing before the Supreme Court in a case where the Court directed the CBI to place before it an action plan to probe the nexus between banks and real estate developers? What were the key legal challenges, and how does this ruling impact the protection of innocent homebuyers?

    This litigation battle started during the pandemic in 2020, when homebuyers were facing a double-edged sword: while the builders were delaying the delivery of units on time, and the banks were also aggressively trying to recover against the home-loan amounts. The homebuyers were faced with a very peculiar situation that although the banks had disbursed more than 70% of the sanctioned loan amount directly to the real estate builders, and progress in construction of the projects was barely significant. This left the homebuyers in a situation where they do not have their homes (and often paying rent for their current accommodation) and also having to repay the EMIs of their home loans. 

    We first approached the Delhi High Court, which granted interim relief in early 2022 but ultimately, we lost the battle before the Delhi High Court. Later, the litigation reached the Supreme Court in 2023 after the High Court dismissed the petitions and the SC not only extended the protection but also rightly appreciated the issue and ordered the CBI to investigate the possible builder-bank nexus.

    The biggest challenge was to highlight that this was not just a legal issue—it was a human one as thousands of families were suffering. Thankfully, the Court took a balanced view. It did not rush to conclusions but made it clear that if any wrongdoing is found, action would be taken against the builders and the concerned banks. For the homebuyers, this was a huge moment—they finally felt like their voices were actually heard.

    With your diverse experience across various legal sectors and your practice at the Supreme Court, what advice would you give to aspiring lawyers who wish to specialize in these fields? What skills or personal traits do you believe are critical for success in the legal profession?

    My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession. I believe that one must stay honest, work hard, and be patient. Also in the early years, try exploring different areas of law. That experience will help you figure out where your strengths and interests lie. Lastly, never stop learning—every case file, every court hearing and every client interaction teaches you something new and you should embrace it with open arms.

    Throughout your distinguished career, how have you managed to maintain a healthy work-life balance? What advice would you offer to others trying to balance their professional goals with personal responsibilities?

    Balancing work and life in this profession is tricky—it is easy to let work take over everything. For me, weekends and short breaks have been very important in unwinding—whether it is catching up with family, taking a short trip, or just disconnecting for a bit. Apart from all that, what keeps me motivated of late is maintaining a fit and healthy lifestyle, and now I have been an amateur long-distance runner for the past couple of years.

    My advice to others would be that do not wait for a “perfect” time to take a break. Start small—an evening off, a Sunday without work, a mid-week chilling session with college friends—and build from there. Over time, it makes a big positive difference in your overall personality.

    Get in touch with Akshay Srivastava –

  • “From the standpoint of honing your skill-sets as a lawyer, be a voracious reader, aim at polishing your legal language, keep pace with latest developments, take the study of jurisprudence and statutory interpretation seriously.” – Apoorva Thakur, Partner at MKA Legal Law Offices.

    “From the standpoint of honing your skill-sets as a lawyer, be a voracious reader, aim at polishing your legal language, keep pace with latest developments, take the study of jurisprudence and statutory interpretation seriously.” – Apoorva Thakur, Partner at MKA Legal Law Offices.

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

    Law is often regarded as both intellectually stimulating and socially impactful. What inspired you to pursue a legal career, and was there a pivotal moment or personal experience that influenced this decision?

    The term, ‘Advocate’, unlike a lawyer or law graduate, always used to amuse me since it’s all about championing causes. While growing up, I was almost always appreciated for my ‘gift of gab’, innovative thinking, problem-solving abilities, and my flair for writing. 

    Additionally, my role models and famous personalities about whom I liked to read, namely Dr. BR Ambedkar, Chittaranjan Das, Robin Sharma, Abraham Lincoln, Fali Nariman, etc. were all lawyers.

    On a lighter note, my love for Hindi movies with exaggerated and over-dramatized courtroom-scenes might have subconsciously sown the seeds of embarking on the path of rendering legal services and making a difference to the infamous “taareekh-pe-taarekh” system. 

    After completing your master’s degree, you embarked on an academic career.  What motivated you to take this path, and what valuable learning experiences did you gain during that time?

    My intellectual curiosity got me bitten by the ‘research-bug’, which motivated me to share with aspiring lawyers my learning-takeaways and enthusiasm for new knowledge in this dynamic domain of law. 

    It is pure delight to witness my students get empowered and blossom into successful legal professionals, Magistrates, etc. and receive heartfelt messages from them on Teachers’ Day and invites to their weddings. No fee can match that feeling of joy.

    My brief teaching-stints at CLC (DU), HILSR (Jamia Hamdard), MAIMS (GGSIPU), and NorthCap University gifted me with diverse exposure, pan-India network, and the golden chance to positively impact young and bright minds.  

    Your background as an Assistant Professor and NET-qualified academic in law is impressive. How did you blend your teaching methods with real-world legal practice, and how did your students benefit from your diverse experience in litigation, consulting, and working with corporate and government organizations?

    Creative interpretations of law, interactive case study-discussions, narration of courtroom-anecdotes and real-life client-handling experiences made my sessions interesting, I was told. 

    Guest interactions and internship opportunities with those in my circle, event-sponsoring through my firm, etc. were additional benefits for the students.  

    I have been blessed to have had responsive seekers as my mentees, most of whom resonated with my passion for breaking barriers as a first-generation lawyer, being unapologetically self-made, and experimenting with research on law in multidisciplinary shades.      

    Could you give an overview of the role and contributions of a Resource Person working with various MNCs, organizations, and NGOs? 

    Mainly, the common thread comprises assisting them with navigation through legal complexities in their daily workings, observance of relevant compliances, urgent legal support, policy-making and risk-management strategies.  

    With a client base that includes MNCs, MSMEs, and educational institutions, how do you approach legal consulting for large corporations versus smaller businesses? What unique challenges do you face when working with startups compared to established companies, and how do you tackle those?

    The focus changes, and approach to legal problems also gets affected thereby. 

    It is my observation and experience that startups and smaller businesses focus more on short-term productivity and long-term rapid growth, while larger establishments aim at steady and consistent momentum. The former may be achieved through innovative and tailormade solutions that are cost-effective and sector-specific, while the latter require transaction advisory, stable plans for dispute-resolution, calculated policy-modifications to suit changing times or industry trends or amendments in regulations/laws.

    Could you share your perspective on the role of mediation in dispute-resolution in India, and how its dynamics have evolved over the years? Additionally, how has technology contributed to simplifying the proceedings?

    From our age-old panchayat system to the popular ‘Lok Adaalats’, and from the mandatory pre-litigation mediation under the Commercial Courts Act of 2015 to the recently passed Mediation Act of 2023, this simple-yet-effective out-of-court settlement technique of dispute-resolution has witnessed an evolving landscape in India and is here to stay with a promising future. 

    I personally feel that it offers an expeditious means to reach amicable and self-binding solutions to legal problems.    

    With technological progress nowadays, ODR (online dispute-resolution) through SAMA, AGAMI, and other such portals is the pleasant reality to experience the magic of mediation sitting anywhere in India.

    As a partner at MKA Legal and the head of LAWGYSTIX Foundation, what is your approach and vision for your legal practice? What has been one of the most challenging cases you have dealt with so far, and how did you manage it?

    Bridging gaps between the industry and academia, and awakening students of law to their ‘social engineer’ Advocate self has been my vision for enjoying a ‘rule of law’ based society around us. 

    A holistic, multi-disciplinary, ethical and humanistic approach has always worked wonders for me and kept me grounded.

    Though all matters present unique challenges, I personally cherish the one through which I learnt nuances about powers of the Trial Court hearing Criminal Revision. It wasn’t a cake-walk to get a 1100+ day-limitation condoned in the interest of justice, and to get the charge successfully modified in a murky cross-case involving factual elements of modesty-outrage and attempt to murder. Working on cases related to men’s rights in false complaints under the PoSH law, or intriguing IPR advisory have also been full of learning.

    Client probing, issue analysis, brief preparation, witness examination (if the matter is at trial level), applying knowledge of human psychology, engaging in avid research etc. enable us to effectively assist Courts in delivering justice while helping oneself evolve as a practising counsel. 

    I am deeply indebted towards my mentors in chamber litigation, namely Late Sh. LK Upadhyay, Senior Advocates Gopal Subramaniam, Priya Hingorani, and Anil Sapra who have all nurtured and guided me in their special ways. 

    You’re not only a successful legal professional but also an image consultant, soft skills educator, and energy healer, among other roles. What strategies have you used to maintain a healthy work-life balance? What advice would you give to others trying to balance career aspirations with personal responsibilities?

    Donning multiple hats keeps me on my toes, and the various things I do help me get my ‘battery-recharge’ when needed. 

    Though the Indian law prescribes certain boundaries for licensed Advocates, I have experienced that all domains of knowledge have the ability to fuse into one another, provided we know how to use the integrated version. 

    Following the Hindu way of life and being a practitioner of Nichiren Buddhism, I surrender to cosmic plans for my own inherent wisdom and infinite potential to unleash when necessary. So, no specific strategies.

    On the personal front, my parents are my biggest strength, with my mentors being my compass, friends being my biggest cheerleaders, and marriage being a great teacher.

    Live in constant gratitude, and learn from everyone and everything. There might be crooked turns and deep pits on your way, but see dreams, set your goals, have a vision, wake up to your unique mission every morning, maintain a loving heart, work for others’ growth alongside your own, and keep moving ahead. 

    Once your work becomes your real fuel, your spiritual engine will keep you motivated and wisely guided towards healthy habits and holistic approach towards life.

    With your extensive experience across various areas of practice and academia, what advice would you offer to students aspiring to build a career like yours? Additionally, could you recommend some resources to help them stay informed about the latest legal trends?

    From the standpoint of honing your skill-sets as a lawyer, be a voracious reader, aim at polishing your legal language, keep pace with latest developments, take the study of jurisprudence and statutory interpretation seriously. 

    Rest, from a macro perspective, I would only suggest- focus on the soul’s progress, and the rest will smoothly follow. And trust the divine to unravel your life purpose, since whatever happens, happens for the best.

    As regards resources, the Universe has no dearth of those. However, as they say that, “Beauty lies in the eyes of the beholder”, be a life-long learner and coachable mentee whose appetite is not restricted to judgments, news, interviews, amendments, debates, conferences, publications, social media content, MOOCs, etc. 

    Use your superpowers wisely, and the world will be your playground. Always remember that life is precious, and good karma is the eternal, indestructible currency.

    Get in touch with Apoorva Thakur –

  • “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.

    “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 –

  • “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

    “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

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

    Given your distinguished and extensive legal background, could you share what initially sparked your passion for the law? Was there a particular defining moment or experience that influenced your decision to pursue this path, or did your interest gradually develop over time? Additionally, how would you reflect on your time at NUSRL in shaping your legal journey?

    Just like any other student fresh out of school, I was clueless as to what to pursue as a career. In my family, everyone had pursued different areas of interest with Noah’s arc being my grandfather, Mr. Jaluram, who himself was a senior advocate and one of the founding members of the Rajasthan High Court Bar at Jodhpur. He started practicing law in the year 1956 along with legal luminaries and politicians like Nathuram Mirdha and many more. His reputations transcends generations and his social connectivity which initially inspired me to pursue law with added guidance by my elder brother Mr. Chakra Vardhan Singh who introduced me to CLAT. I think the decision to pursue law was innate in me as I always had curiosity to understand the logic behind legality and illegality, law enforcement and its interpretations and checks and balances of the Executive. This inquisitiveness with legacy factor always led my inclination towards pursuing the law. 

    Reflecting back on my legal journey and role at the National University of Study and Research in Law (NUSRL), Ranchi requires altogether a complete day. It was an exhilarating experience and complete college life I could have asked for. Those five years were not only the blessings but also gave full authority to be responsible and drive my life to the present day. During those five years, with the supportive faculties, we as one of the foundation batches had privilege and autonomy to pursue everything of our interest including Moot, MUNs, Debates, Research, field visits. Though we had privileges, we had our fair share of challenges as well including funds shortage of university, lack of permanent campus initially and ever changing hostel addresses, lack of alumni base and much more. During those five years, classmates became friends who are now family, had kept my interest in the law and to develop the same in times to come. I am so grateful and thankful for each and every one at NUSRL who have in their unique way contributed in the journey. Navigating those five years with such wonderful experiences has been a blessing for the lifetime and have paved my career path.      

    Following your graduation, you pursued a master’s degree in corporate and commercial law. What motivated you to specialize in this particular area, and how has this specialization influenced the trajectory of your career?

    Since I had decided to pursue litigation and more specifically in the field of corporate and commercial law it was imperative to further pursue a master’s degree in corporate and commercial law. Therefore it required special and technical skills, knowledge which would go along with my area of interest and also I joined master’s degree to live college life again. It was a very enriching experience to pursue master’s degree having practical knowledge in hand and at the same time active academic discussions with the faculties. It was also an experience through which I came across other like-minded people from different backgrounds who ultimately helped in getting diverse opinions on certain topics. I aspire for more academic pursuit in the times to come. 

    Looking back at the early stages of your career, particularly during your tenure as in-house counsel at Wipro, what key experiences significantly enriched your understanding of the law? How did these formative experiences shape the direction and trajectory of your professional journey?

    To find myself interning in Wipro with their Consumer Care and Lighting Division was true serendipity for law student like me. It had a very strong impact on trajectory of my career and if given the chance to repeat one experience, my first priority would be interning at Wipro. I had very supportive and informative sessions from legal team of Wipro including Mr. Sudipta Mukherjee (presently in legal counsel at Daimler-Mercedes), Mr. Amit Mathur (presently legal counsel at Amway), Ms. Rovena David (presently legal counsel at Titan), Mr. Vishal Mittal (presently consultant at Tattvika) and Mr. Manoj Jain (Ex- General Counsel – Wipro Enterprises). Admittedly, it was the perk of being the youngest in the team and fresh out of college that these mentors helped in shaping my career and enabling me to take independent decisions. 

    Each one of them provided me with the exposures at an early stage of my career by sharing their valuable experiences, enabling me to interact with top management and board meetings with a lot of guidance to navigate through the first and foremost phase of my career. Experiences at Wipro has led me to where I am today. 

    Having worked with several companies in an in-house capacity before co-founding your own firm, what prompted you to establish your own practice? Were there any particular challenges or hurdles you encountered during the initial stages of building your firm?

    Our law firm, KAY & Partners is not a result of a recent collaboration but the seeds of this project were planted back in his college days (intentionally or unintentionally). It is a dream of every college friend that they must start something together, so that the life we lived during the college days can be continued. Likewise, Akshay Uppal who was a financial planner for our teams during various intra-University league matches and foods fests also happens to be my business partner now. While the same Kushagra Srivastava who survived the terrors of the monkeys all across our Rishikesh trip is also a partner of the same venture. Harshit Singh Sisodia has been a silent but vigilant actor all around. So it is a college love story which has turned into a marriage for lifetime. 

    To start any project, everyone faces various challenges, we have had our fair share of challenges. The first and foremost challenge we faced was we all four were having been placed in different cities and it was difficult to initialize and plan the roadmap of the firm. Though it was a challenge but there was an opportunity to get together in hindsight. Another challenge we faced was recurring expenses and financial management, but thanks to the Clients we have they were right on time and till today we are holding onto our clients very close to us.  

    As an experienced litigator in commercial, civil, and criminal law, what have been the most challenging cases you’ve handled, particularly in the domain of intellectual property litigation and prosecution?

    In intellectual property matters, every matter is significant and has importance as such matters directly affects the businesses. IP litigations are technical in the sense that until and unless the lawyer does not understand the nuances of the business, it becomes very difficult to litigate in the IP litigations especially Trademark cases. Lower judiciary needs to be sensitised with IP laws as IP litigations are prominently dealt with by only a few High Courts. It becomes very difficult to explain the dynamic nature and concepts of IP laws at a lower judiciary level. 

    Apart from this acquisition of trademarks and IP is also one of the aspects which require careful due diligence and one over side may result into imperfect title in the IP rights it is equally important to have the preventive actions in place including trademark watches which should protect the trademark rights before it is being spilled over to another entity-in-interest. 

    To recall, one of the interesting yet challenging cases was during my stint at one of the companies wherein an allegation in respect of trade dress and design infringement coupled with comparative advertisement and trademark tarnishment was central issue in the litigation. As most of the IP litigations are critical and reputational matters for the marketing team, therefore I had to rigorously understand the marketing side of the case and marketing terminologies, concepts of marketing and financial implications of such litigations. At such a nascent stage of my career though it was exhilarating, I also had my restless moments because of the gravity and potential significant impact that such litigations can have on the businesses. Yet again I am thankful to my mentors who enabled me to navigate through such situations and prepare the matter for litigation.

    I would like to share another anecdote wherein an acquisition was on the verge of completion however it had come to our knowledge that the trademark that we were acquiring was an encumbered one. This information was missed by our advising reputed Indian law firm and foreign law firm. This information was of the nature which could have terminated the ongoing acquisition proceedings, but we were able to resolve the situation by taking an expeditious route of rectification of records to perfect the title. All in all I must say all experiences  and my mentors have taught me how to be  business friendly and be businesses’ lawyer rather than minding my lawyers business.

    In your experience handling insolvency proceedings, what alternative dispute resolution (ADR) mechanisms do you typically utilize to guide clients through these complex situations? Furthermore, how do you foresee the future of ADR evolving in the Indian legal landscape?

    In my opinion it is important to have an effective ADR mechanism in place in this present complex business conditions. It is imperative for a business to thrive in conducive conditions where quick and simplified dispute resolution mechanisms are placed in by the government. One of such ADR mechanisms which has been introduced by the government is under MSME Act, 2006. MSME Act provides for an MSME facilitation cell which can be very crucial for resolution of disputes pertaining to MSMEs. It is important that such mechanisms are effective only if it gets due attention and supervision from government and Higher Courts respectively. MSME facilitation council, if provided considerable support and due acknowledgement, can result in effective resolution of  commercial disputes which in effect decreases the burden of Courts which are otherwise engaged and overburdened with other litigations.   

    As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms. Achieving such an ambitious yet needful goal, India must have lucrative, speedy and accessible dispute resolution mechanisms. If need arises, Presiding Officers and Arbitrators must be trained to hear and preside over the disputes of specific natures. Additionally, institutional arbitration can play a significant role in such scenarios. It is highly expected from the government and judiciary to promote and develop a conducive environment for evolution of arbitration and ADR mechanism and jurisprudence. Needless to say it would also require efforts from  entire legal fraternity including academicians, in house counsels, lawyers, government officers to promote and help in development of jurisprudence around ADR mechanisms in India

    What advice would you offer to aspiring law students who aim to follow a career path similar to yours? What skills or qualities do you believe are essential for success in this dynamic and increasingly important area of law?

    The first and foremost advice that I would like to give to inspiring law students aiming to follow or pursue a career path in corporate or as in house counsels in the present set of world would be to engage in the internships and training activities with them. It is equally important to make such internships count and have their presence felt in the organization through their work and dedication which should result in the recurring internship and ultimate engagement with the company. Corporates, law firms, lawyers do not expect thorough knowledge of law from a law student, however it is expected from them to be diligent, faithful and updated in respect of the area of law that they are dealing. In this dynamic and increasingly important area of law I believe and recommend for the young graduates and inspiring law students to stay updated, read and read a lot and first understand the business and the requirements of the business or their Clientele. Once they understand the requirement and the nature of the relief/opinion that they (business or Clientele) expect, gravity or urgency of such relief or opinion, it is important to deliver based on such a requirement to their expectation within the set timelines. In this dynamic and increasingly important economic environment it is equally important to deliver the legal services professionally and at par with global standards.

    Balancing a successful career with commitments to public service and education is no easy task. How do you maintain a healthy work-life balance, and what advice would you offer to others who seek to strike a similar balance between their professional ambitions and personal responsibilities?

    To be honest it becomes very difficult to maintain public services and personal responsibilities and professional ambitions together. As a lawyer one needs to have a healthy work life balance and at the same time be social. Though it differs from person to person what is their mantra for healthy work life balance, we at KAY and Partners have decided that we should not only offer a healthy work life balance to ourselves as the partners but also to each and everyone associated with the firm. It is equally important that due to such search decisions the interests of our clients are not hampered. Effective delegation and supportive team members at KAY & Partners is paramount to my healthy work life balance. I must thank all present and past teammates for their efforts and support to achieve what we have done today. 

    Thank you. 

    Get in touch with Yashvardhan Singh –

  • “Unlike other professions, law practice is mostly regional and for those aspiring to have a more International appeal, they could, besides pursuing an LLM abroad, consider taking the Bar exams and qualifying in other jurisdictions such as UK, US or Singapore.” – Mohammed Shadaan Saipillai, Founder & Partner at Calibre Legal.

    “Unlike other professions, law practice is mostly regional and for those aspiring to have a more International appeal, they could, besides pursuing an LLM abroad, consider taking the Bar exams and qualifying in other jurisdictions such as UK, US or Singapore.” – Mohammed Shadaan Saipillai, Founder & Partner at Calibre Legal.

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

    Having over two decades of experience and initially coming from a commerce background, what inspired you to pursue a career in law? How has your commerce degree influenced and complemented your legal career?

    It was because of my commerce degree and my evolved liking towards company and commercial law modules, that I decided to pursue law. Pursuing law degree was never in the scheme of things until the final year of my commerce degree in the year 1997. While my friends were wanting to make progression by pursuing MBA, I chose to be different and decided to tread the uncharted territory. I aspired to become a first-generation lawyer and started preparing for the law entrance exam with a lot of dedication. To be able to compete with thousands of law degree aspirants and to successfully pass the entrance examination in the open category, made me more confident in pursuing law as my career. By pursuing a full time 3-year commerce degree from The New College, University of Madras and thereafter, 3-year law degree from Government Law College, Madras, I believe I was able to take advantage of both the degrees to full extent. Further, my law degree helped me learn company and commercial law modules in greater detail with in depth learning of not just the statutes but also the jurisprudence behind them as well as the settled judicial precedents.

    Your LLM in International Finance from Queen Mary University of London undoubtedly played a pivotal role in shaping your approach to corporate law. How did this advanced education enhance your ability to advise multinational clients on cross-border financial and regulatory matters? What made you choose Queen Mary University, considering its prestigious reputation?

    I completed my law degree and enrolled in 2001. My plan initially was to join a good senior counsel to learn and practice on the litigation side. I joined the office of Mr. G. Masilamani, Former Advocate General of Tamil Nadu and Addl. Solicitor General of India. After two years of litigating in courts, I joined a leading National law firm (Chennai office) in the year 2003 to pursue my interest in corporate and commercial law practice. Although I was harbouring the desire to pursue my Master of Laws (LLM), I was too busy working and got around to take the bold decision much later in 2010. I had already put in over 9 years of experience and was a Senior Associate in the law firm. It was a strategic decision for me to pursue LLM to get out of my comfort zone and better my chances of being promoted to Partner position. Pursuing LLM at Queen Mary University of London (QM) was one the best decisions that I made. I chose QM for many reasons including: (i) it is one among the Russel Group of Universities, (ii) highly ranked for law, (iii) renowned faculty, and (iv) centrally located in London. The whole experience living in London and learning from the best faculty was a rewarding experience. And when I returned to India, equipped with an LLM from QM and based on my past work experience, I found there were a lot more opportunities with other National law firms coming my way. Fourteen years later, LLM degree still comes in very handy especially when working on cross border mandates dealing with foreign counsels including inhouse General Counsels (GC’s) as it adds to the credibility and enhances the international appeal. As more and more Indian organisations look at expanding their businesses abroad, I am able to benefit domestic clients seeking assistance in foreign jurisdictions through leveraging on the foreign lawyer contacts across the globe developed at QM.

    Throughout the early stages of your career, you gained invaluable experience working with both national and international organizations. Can you share some of the defining moments or key experiences that significantly contributed to your deep understanding of the law and propelled your career to such remarkable heights?

    Be it working with Senior Counsel as a junior advocate, to working for leading law National firms as Partner, to working in the US for a top tier firm for a few months, each and every experience has been a great learning experience for me. Working for Holland & Knight LLP in Atlanta, Georgia, as a foreign lawyer trainee, afforded me the opportunity to work within a team of 30 lawyers on a large M&A transaction. This opportunity gave me a deep insight on the hard-working culture among lawyers in the US. Through my experiences spanning 24 years working for law firms to eventually founding Calibre Legal, I believe I have done the full circle and I have learnt important values including adhering to good professional ethics, hard work and client satisfaction. 

    As the Founder and Managing Partner of Calibre Legal, you have not only built a successful law firm but also positioned it as a leader in the industry. What motivated you to take the bold step of starting your own firm, and how have you witnessed the legal landscape evolve, particularly in Chennai?

    Having joined a law firm in 2003 when the concept of law firms was at a nascent stage in Chennai, I have witnessed the evolution of the legal landscape from close quarters. Chennai clients were predominantly relying on senior counsels and individual litigating practitioners. However, this scenario has changed leaps and bounds. With newer legislations including amendments to existing statutes, coming into force and with the focus shifting towards compliance and good corporate governance, clients are realising the importance of seeking legal advise prior to entering into any transaction to protect themselves from future litigation rather than approaching an advocate when they have already landed in legal issues. Further, the clients are increasingly realising the importance of working with a team of lawyers in a law firm enabling them to avail end to end legal support across diverse practice areas. As regards starting Calibre Legal, having already put in 18 years of experience and with a passion to provide National law firm standard legal service in a boutique set up to the MSME sector companies, I believed that it was the right time to set up Calibre Legal in the year 2019. Our founding principles are (i) Responsive – emphasising on client satisfaction embracing high levels of Partner accessibility and responsiveness, (ii) Resourceful – engaging dedicated professionals to achieve client objectives, and (iii) Reliable – building strong client relationships through providing commercially oriented reliable legal solutions. Our focus is always on our clients and their expectations and due to their invaluable testimonials, Calibre Legal has been ranked in the recent past by leading International agencies such as India Business Law Journal (IBLJ), Asian Legal Business, Legal 500 and Chambers and Partners. 

    As a qualified Solicitor of the Supreme Court of England and Wales, your dual qualification is a testament to your exceptional legal acumen. How has this unique qualification enhanced your ability to advise clients across multiple jurisdictions, and how do you navigate the complexities of bridging the differences between Indian and English legal systems in your practice?

    London is a leading jurisdiction for International arbitration involving International Chamber of Commerce Rules of Arbitration and is relevant in cross border transactions. Being dual qualified helps significantly especially considering my desire to collaborate with UK based solicitors and barristers to help domestic clients seeking appropriate recourse in the UK. Considering the commonality in common law jurisdiction plus with an LLM degree from the UK, qualifying as a UK solicitor was a natural choice. And because of this qualification, I am not just assisting domestic Indian companies with cross border transaction but also being retained by middle-east based organisations to assist with resolution of International commercial disputes.

    You’ve advised high-profile clients such as Firstinsight Technologies and GP Strategies, guiding them through India’s intricate regulatory framework. Can you share some of the key challenges you faced while helping these multinational corporations establish operations in India and how you effectively navigated these challenges with your vast expertise?

    One of the significant concerns for any multinational company (MNC) is to be able to navigate through the complex legal landscape in India. Typically, the GC or inhouse legal team of any MNC would reach out to a law firm in the local jurisdiction to advise them in relation to, amongst others, the foreign direct investment, tax implications, the various RBI compliances, reviewing employment law contracts and policies from an India law perspective. Assisting MNC’s in relation to setting up operations in India are one of the Firm’s core practice area. With our vast experience in hand holding MNC’s, we are able to anticipate their concerns and queries and are able to provide them the right legal advise and assistance. Labour and Employment laws is another area of concern as an organisation cannot simply hire and fire an employee who is in the workman category. For one of our MNC clients looking to terminate the services of an employee suspected of financial irregularities, we assisted them through providing them end to end legal support in drafting a detailed show cause notice, advising them on the due process and until the employee voluntary resigned from employment. This was a sensitive matter for them and we were advising their HR team based out of Singapore and the GC based in the US in addition to the key officials based in India. 

    One of your significant client mandates involved advising RX Ventures LLC in relation to a commercial dispute with an Indian entity. Given your exceptional track record in dispute resolution, what were the primary challenges in this project, and how did you utilize your expertise to address these effectively, ensuring a successful outcome?

    Dispute Resolution and litigation is another core area of our practice. The way we approach litigation is that we use it as a last resort to get the parties to the negotiating table to resolve their dispute. No client, particularly an International client, wishes to engage in protracted litigation as it is time consuming and expensive. When RX Ventures LLC (RXV), which is a US based company, approached us to recover a substantial sum of money outstanding from an Indian entity, we advised them on the recourse available including under the Insolvency and Bankruptcy Code and under the Commercial Courts Act. These laws are a big boon to businesses and ensure that the disputes are resolved in a time bound manner. Based on the circumstances of the case, we advised RXV regarding initiating proceedings under the Commercial Courts Act (Act) and filed an application for Mediation under the Act. The Mediation process went on for 3 months and at the end of it, the parties reached a settlement and the settlement money was recovered by our Client in less than 6 months. Our client had initially thought that it would take several years to recover the money and was pleasantly surprised at how quickly he could recover the outstanding payment.  

    As a respected member of both the Bar Council of Tamil Nadu and The Law Society in the UK, your career has undoubtedly set a high standard for others to follow. What advice would you give to aspiring law students who dream of achieving an international legal career like yours? What resources do you rely on to stay ahead of industry developments, ensuring that your knowledge remains cutting-edge?

    Aspiring law students must bear in mind that law practice is akin to playing a test match cricket as opposed to a T20 game. There are no short cuts and they must be prepared to put in a lot of hard work and work towards learning the nuances of the profession and law with patience and perseverance in order to achieve success. Unlike other professions, law practice is mostly regional and for those aspiring to have a more International appeal, they could, besides pursuing an LLM abroad, consider taking the Bar exams and qualifying in other jurisdictions such as UK, US or Singapore. As regards keeping oneself abreast with legal developments, in addition to updating oneself on case laws, it would help to subscribe to various International legal directories including IBLJ, Legal 500, Chambers and Partners, Legal Era and Mondaq. With the increasing role of Artificial Intelligence, research has become a lot easier but it is important to take time out to read and update oneself. 

    Balancing the demands of a highly successful legal career with personal life is no small feat. Your ability to thrive in both areas is truly inspiring. How do you manage to maintain a healthy work-life balance while ensuring that both your professional commitments and personal life are equally prioritized?

    Rather than work-life balance, I like to call it work-life integration. It is all about prioritising on what is important at that point in time and giving your 100% to the task at hand. In addition to work and family, it is important for legal professionals to ‘externalise’ themselves that includes attending and speaking at conferences and being part of networking organisations as these help with building client contacts. Further, I strongly believe in the ‘Givers Gain’ philosophy that only when you give back to the society generously – whether it is time, knowledge or support, you ultimately receive more in return. I have recently founded and working towards strengthening ‘Startup LEAP’, which is a non-profit legal aid programme to help provide information and guidance to those beginning their entrepreneurial journey. I also volunteer my time at Anjuman-E-Himayath-E-Islam, which is an orphanage with over 800 children and also serve as part of the leadership team in a couple of social organisations including my alma mater, Don Bosco Egmore school alumni association. 

    Get in touch with Mohammed Shadaan Saipillai –

  • “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.

    “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 –

  • “Law has always intrigued me because of its power to shape businesses, resolve disputes, and create order in an otherwise complex world.” – Ishaan Duggal, Associate Partner at HSA Advocates.

    “Law has always intrigued me because of its power to shape businesses, resolve disputes, and create order in an otherwise complex world.” – Ishaan Duggal, Associate Partner at HSA Advocates.

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

    What initially inspired you to pursue a career in law?

    Law has always intrigued me because of its power to shape businesses, resolve disputes, and create order in an otherwise complex world. While I did not have a predetermined path toward law, I was drawn to its logical reasoning, problem-solving, and impact on society. As I began to explore the legal field, I was drawn to the idea of working within a law firm environment, where I could help clients navigate complex legal challenges, whether in business, litigation, or personal matters. The opportunity to collaborate with skilled professionals and offer practical, strategic solutions to clients was something that truly inspired me. Ultimately, I saw a career in law as a way to apply my skills in critical thinking and problem-solving to advocate for clients and create lasting, positive outcomes. Over time, I developed a keen interest in commercial and financial laws, which eventually led me to specialize in insolvency and restructuring.

    What motivated you to pursue an LLM (Professional) in Banking and Financial Studies from NLU Delhi?

    After completing my law degree and practicing for a few years, I understood that it is crucial for legal professionals to stay ahead of the curve, and hence I wanted to deepen my understanding of banking, securities, insolvency and investment laws. The LLM (Pro.) in Banking and Financial Studies at NLU Delhi provided a strong foundation in areas like banking and finance, securities and investment laws, arbitration, insolvency and financial restructuring—topics that are highly relevant in today’s economic environment. This specialization has been instrumental in my practice, particularly where financial acumen is as critical as legal expertise.

    What were some key learning experiences in the early years of your career?

    The initial years of practice were a mix of excitement and steep learning curves. I quickly realized the importance of building strong client relationships. At first, I focused heavily on legal research and analysis, but I learned that a successful practice also requires understanding clients’ needs, building trust, and communicating complex legal issues in a way that is clear and actionable for them. Another key experience was learning to manage multiple cases and deadlines simultaneously while maintaining attention to detail. I also had the opportunity to work closely with senior attorneys, where I learned the value of mentorship, strategic thinking, and how to approach complex legal problems creatively. It was through these experiences that I developed a deeper understanding of how to balance legal expertise with client service, and how to work effectively as part of a team in a fast-paced law firm environment. 

    As far as my practice area is concerned, one of the most valuable experiences was understanding the practical application of insolvency laws, especially how different stakeholders—creditors, resolution professionals, and debtors—navigate the process.
    One key moment that stayed with me was working on a case where a corporate debtor’s revival depended on strategic negotiation rather than just legal arguments. This reinforced my belief that law is not just about statutes but also about commercial awareness and strategic thinking.

    What are the key challenges in insolvency proceedings in the Renewable Energy and Automobile sectors?

    Both industries present unique challenges. In the renewable energy sector, insolvency cases often involve long-term power purchase agreements (PPAs), regulatory approvals, and government policies, which can complicate resolution. In contrast, the automobile industry faces issues like supply chain disruptions and asset-heavy structures, making liquidation complex.
    One of the biggest challenges is finding resolution applicants who see long-term value in distressed assets. In such cases, we work closely with financial institutions and potential investors to structure resolution plans that align with industry-specific constraints.

    What was the primary legal issue in the ARCIL vs Bishal Jaiswal judgment, and what impact did it have on insolvency law?

    The Hon’ble Supreme Court vide judgment dated April 15, 2021 in the matter of Asset Reconstruction Company (India) Ltd v. Bishal Jaiswal & Anr. decided a crucial question of law pertaining to whether entries in the Balance Sheet would amount to an acknowledgment of debt for the purpose of extending the period of limitation as provided under Section 18 of Limitation Act, 1963 (Limitation Act) as far as the IBC is concerned.  

    In this landmark judgment which is undoubtedly significant to all stakeholders under the Insolvency and Bankruptcy Code, 2016 (IBC), the Apex Court took cognizance of the fact that although the filing of a Balance Sheet is a statutory requirement as per the provisions of the Companies Act, 2013, however, doing the same can amount to an acknowledgment of debt depending on the facts of the particular case as to whether an entry made in a Balance Sheet qua any particular creditor is unequivocal or has been entered into with caveats. These caveats could be in the form of notes to accounts or other qualifications made in the Balance Sheets.

    This judgment also set aside the majority decision of the Hon’ble National Company Law Appellate Tribunal (NCLAT) in the matter of V. Padmakumar v. Stressed Assets Stabilisation Fund wherein the majority opinion of the five-member bench was that entries in Balance Sheets would not amount to an acknowledgment of debt to extend limitation under Section 18 of the Limitation Act.

    In addition to the above, the Hon’ble Supreme Court relied upon its decisions in Sesh Nath Singh & Anr v. Baidyabati Sheoraphuli Co-operative Bank Ltd & Anr. and Laxmi Pat Surana v. Union Bank of India & Anr8 and observed that it is not possible to accede to the arguments that Section 18 of the Limitation Act cannot be made applicable to proceedings under the IBC.

    What advice would you offer to aspiring lawyers?

    • Hone your research and drafting skills, as the best arguments stem from well-researched positions.
    • Understand the commercial impact of legal proceedings—clients seek solutions, not just legal opinions.
    • Develop a strong foundation in commercial and financial laws, as they are critical for corporate litigation.
    • Stay patient and persistent—the legal profession demands continuous learning, adaptability, and strategic thinking.

    How do you maintain a work-life balance in a demanding legal career?

    Balancing work and personal life in the legal profession can be challenging, but I make a conscious effort to manage it effectively. A few strategies that work for me include:

    • Prioritizing tasks and setting clear timelines for completing them.
    • Taking short breaks and staying engaged in non-legal activities to maintain perspective.
    • Most importantly, understanding that while work is demanding, personal well-being is equally important for long-term success in this profession.

    Additionally, I’ve learned that there are certain periods, especially during high-stakes cases, when work demands more attention, and I adjust by being more strategic about my personal commitments during those times. The key is knowing that it’s a cycle—some weeks will be more intense than others, but I always make time to recharge when I can. In the end, it’s about being proactive in managing my time and knowing when to push and when to step back.

    Get in touch with Ishaan Duggal –

  • “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.

    “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 –