Can you share with us the pivotal moment or experience that led you to pursue a career in law, especially considering your initial inclination towards marketing and sales?
As a teenager, I was very keen to pursue a career in the field of sales & marketing and enrolled for a specialized course in marketing & sales. The course was being conducted by the esteemed Narsee Monjee college of commerce & economics. It was a certificate course at the Higher Secondary school level for the academic session 2005-2007. I was all set to pursue bachelor’s in management studies and to follow it up with a master’s in business administration. It couldn’t have been a mere coincidence that my dad had to file a special leave petition in supreme court at around the same time. He so strongly wished we had a lawyer in our family who would manage all the family’s legal matters. Dad would narrate to us siblings the regular courtroom happenings in that matter. The narrations stirred in me a great interest in the profession of lawyering. Around the time I was wrapping up my junior college, dad was fully convinced that I would make a fine lawyer. Thus, I enrolled for a five years integrated law programme at Government Law College fulfilling my dad’s long held wish.
Transitioning from a specialized vocational course in marketing and sales to pursuing a degree in law must have been quite a shift. How did you navigate this transition, and what motivated you to embrace it wholeheartedly? Contrary to the popular belief, one really doesn’t need a grounding in law as a sine qua non for maturing perfectly. Honestly, the first year in college was completely orientational. Towards the beginning of the second semester all my scarcely precious lawyering skills were severely tested in an intra-college Moot Court event. I enjoyed studying law and shared the commonly found eagerness amongst law college nestlings – to apply all freshly earned knowledge to the various real-world situations at the drop of a hat. Much like my new peers I too quickly realised that the procedural aspects of the real courtroom made it a different place and the experience was overwhelming. In my early days, the prevalent myth was that courtrooms would be the eternal resting place for lawyers. It wasn’t late when after only a handful of interactions with the college seniors and professors alike, I realized that a degree in law would rather open up a wide range of career opportunities across sectors viz private practice, government sector, academia, nonprofit organizations and corporate world to name a few. All of that really motivated me to gain a deeper understanding and knowledge of business laws. Consequently, I also enrolled for the company secretary course to gain a deeper understanding about the corporate laws.
Your journey seems to have been influenced significantly by your father’s vision of having a lawyer in the family. How did his guidance shape your perception of the legal profession, and what role did it play in your career decisions? Precisely as the words ‘a lawyer in the family’ convey, his longing stemmed from the need he felt as a common man to successfully negotiate the turns and bends of the tortuous legal system. The trust you have on family you would not find anywhere even though you entrust your wellbeing into the hands of professionals. The missing link was the element of trust. Thus, he secured in his daughter a legal professional of utmost competence and trust. As a lawyer I hold these two virtues above anything else. My father was a businessman and ethics formed the bedrock of his enterprise. He believed that one shall pour his/her heart and soul into whatever he or she does”. I have been unconditionally following that belief to this day. He instilled in me a sense of propriety and wisdom. For him lawyering was not merely about securing judgments but much more about securing the larger interests of the common man and the wellbeing of the society as a whole. Two wrongs don’t make a right. Balance of time and resources is optimised through informed legal reasoning. Conciliation and mediation were the approaches rooted in my father’s vision of law as a means for rapprochement in the never-ending wrangle of lis and I have borrowed heavily from him to strike a fine balance between approaches hawkish and dovish without actually lending myself to either.
Your sabbatical to focus on well-being and completing a Vipassana course is intriguing. How did this break impact your professional outlook and approach towards your legal career? Initially, I was very hesitant to take a break and had few concerns about taking a sabbatical from a career progression perspective. I was worried that taking time off would lead to falling behind in the field or missing out on opportunities for advancement. I had addressed these concerns and weighed them against the potential benefits of a sabbatical. Vipassana is one of India’s ancient techniques of meditation. It is this observation-based, self-exploratory journey to the common root of mind and body. The entire practice is actually mental training. The human body is not a machine. We have a mind and a soul. You can’t be good to your calling unless you are good to yourself. Your mind has to free itself for new ideas to sink in. The fourth dimension of spiritual creativity widens your field of view. Just as we use physical exercises to improve our bodily health, Vipassana can be used to develop a healthy mind. My outlook towards life (including professional goals) completely changed during that sabbatical. I realized that it was important to focus on one’s well being to do a long marathon rather than aiming at a short sprint.
Having worked with various esteemed firms and handled significant projects, could you highlight a particular project or accomplishment that has been the most fulfilling or impactful for you so far? Invariably every completed project gives you a happy feeling. However, one unforgettable experience at IC Universal Legal, which has simultaneously been the most fulfilling & impactful, was of getting an opportunity to assist a committee of experts on investment funds, constituted by the International Financial Services Centres Authority (IFSCA) to review global best practices in making recommendations to the IFSCA on the roadmap for the industry. It was another great opportunity to have been able to contribute to the development of the investment funds regime at IFSC. The regular advocacy initiatives undertaken at IC Universal Legal makes my association very enriching and highly rewarding.
Your expertise lies in funds practice, particularly in the asset management domain. What are some key challenges you face in this area, and how do you approach addressing them?
The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment. It brings forth challenges hitherto unseen and the scales and stakes involved are of epic proportions. One of the biggest challenges being faced by the contemporary asset management industry is that of the continuously evolving and somewhat complicated regulatory landscape. The industry functions subject to various regulations and guidelines issued by the SEBI & RBI, to name a few. Asset management lawyers need to remain ever updated and familiar with the continuously evolving regulatory framework. An in-depth understanding of the regulatory working mechanism is another indispensable requisite to say the least. At IC Universal Legal, we have detailed biweekly sessions entirely focussed on the latest legal developments, regulations and industry best practices. My role entails collaboration with clients, legal professionals and other industry stakeholders for the exchange of knowledge, sharing of best practices, and addressing common challenges collectively.
In addition to your professional journey, we’re curious to know if you have any hobbies or interests outside the work zone?
I have a passion for traveling. I enjoy traveling for leisure, engaging in adventure sports, outdoor activities such as scuba diving, river rafting, sea walking etc. My Wishlist is to catch northern lights soon and also cover major rafting zones across the world.
On weekends, I love exploring cafes across Mumbai to find the best smoothie bowl and hot chocolate. My friends call me Zomato and ping me for instant recommendations.
As a seasoned professional in the legal field, what advice would you give to fresh graduates who are aspiring to build a successful career in law, especially considering the evolving landscape of the industry?
“Be Yourself‘. Don’t benchmark your aim and purpose of life against someone else’s life achievements or goals. Draw inspiration from other people’s achievements. Introspect upon what you really want in life; define your goals wisely. Don’t participate in the rat race or glorify the hustle culture. Have your own vision and road map for your career goals.
Track the latest developments in the legal field, especially in areas of law that interest you the most.
Along with Intelligence Quotient, focus on soft skills such as communication, negotiation, problem-solving, and emotional intelligence. These skills are crucial for building relationships with clients, colleagues, and stakeholders and navigating complex legal situations.
Don’t take shortcuts, be honest and commit to learning to gain in-depth knowledge about the field.
Attend legal conferences, events and sessions as this will help in building some great network and add to the learning curve.
Can you share with us the story behind your journey into the field of law? What inspired you to pursue a career in law, and how did your early experiences shape your path to becoming a seasoned legal professional?
As a child, I witnessed my family go through a challenging and emotionally taxing ordeal that required multiple visits to various courts. During this time, my father faced significant hardship due to family disputes and it was during these moments of adversity that I had a profound realization that I would never want to see my family or anyone I cared about go through such difficulties again.
This poignant experience became the catalyst for my decision to pursue a career in law. I was determined to gain the knowledge and skills necessary to navigate the legal system effectively, to protect the rights and interests of my loved ones, and to ensure that justice was served. It was a deeply personal motivation that fuelled my journey into the field of law, driven by a heartfelt commitment to prevent others from experiencing the same kind of turmoil and uncertainty that my family endured.
Your firm, ALL IP CARE, specializes in Intellectual Property Rights among other legal services. What drew you to focus on this particular area of law, and what excites you the most about working in the realm of IP rights?
Becoming an advocate, especially as a first-generation lawyer, presented me with numerous challenges on my path to success. In 2002, I embarked on a journey of advocacy at Tis Hazari Court. I gained first-hand experience in handling a diverse range of legal matters, including civil, criminal, matrimonial, writ, and service cases.
However, life had other plans and in 2007, when I decided to switch my practice in the domain of Intellectual Property laws. This transition introduced me to the intricate world of IP laws.
During my tenure at the IP law firm, I was fortunate to be presented with significant opportunities that I regard as noteworthy achievements. I was entrusted with the task of working on a research paper related to prior publication in the Designs Act, and I was also deeply involved in trademark research. These experiences allowed me to delve deeply into the realm of Intellectual Property Rights (IPR) laws.
Given your extensive experience in criminal law, could you share some insights into how you approach defending clients in criminal cases, especially in light of your specialization in areas like Intellectual Property infringement?
When approaching clients, particularly in cases of Intellectual Property infringement, I adhere to a strategic and comprehensive approach. Though stringent laws on criminal prosecution exist, their enforcement is challenged by limited awareness among law enforcement bodies. Investigation and scrutinizing evidence surrounding the alleged infringement go hand in hand, further buttressed by assertions from potential witnesses such as subject matter experts or law enforcement officers who can support building the case, whether it be a civil or criminal prosecution. Being able to adapt strategies based on evolving circumstances ensures the best possible outcome for the client in protecting their IP.
Your profile mentions your involvement in organizing workshops and seminars on various legal topics. What motivates you to engage in these initiatives, and how do you believe they contribute to the legal community?
As an IP lawyer, organizing workshops and seminars is not only a professional responsibility but also a passionate pursuit. The lack of awareness among people about intellectual property remains a significant hurdle, leading to substantial challenges in enforcing IP rights. It provides a platform to disseminate knowledge about trending developments and legislative changes within the field among young lawyers and business professionals which in return provides space to enhance understanding of complex IP concepts, as well as moulding opportunities for collaborative ventures. At the same time, it allows for an interesting brainstorming session with budding lawyers and business professionals.
As a seasoned advocate, you’ve undoubtedly encountered diverse legal challenges. Can you tell us about a particularly challenging case you handled and how you navigated through it to achieve a favourable outcome for your client?
I could recollect a notably challenging case that I handled which involved securing an injunction against a defendant who was dealing in jewellery falling under class 14, while using a tagline deceptively similar to our client’s tagline registered in class 3. Dealing with this complex matter required a strategic combination of legal research, expert collaboration, and meticulous argumentation and we crafted a compelling case by highlighting the infringement of both trademark rights and the deceptive trade practices involved. Through persistent negotiation and leveraging the strength of our legal arguments, we successfully obtained the injunction, thereby protecting my client’s intellectual property rights and securing a favourable outcome.
However, I would like to stress that it is not a particular case but the domain of IPR laws which is itself a very challenging and rocky terrain which requires intellectually eccentric application of mind.
Your firm has been involved in various legal initiatives and collaborations, including workshops with law enforcement agencies. Could you elaborate on the significance of such collaborations and how they contribute to the broader goal of legal awareness and enforcement?
These collaborations with legal firms and law enforcement agencies are important for promoting legal awareness and enforcement of IP rights. These initiatives facilitate the exchange of knowledge and expertise, creating a better understanding of complex legal issues and procedures which in return helps in building capacity through proper guidance. Altogether, these efforts contribute to more effective problem-solving strategies, enhanced enforcement outcomes, and increased community engagement, by working together comprehensively and securing awareness among all channels of enforcement.
Away from the courtroom, do you have any hobbies or interests that you like to indulge in? How do you strike a balance between your professional commitments and personal pursuits?
Maintaining a healthy work-life balance for me involves a clear distinction between my professional and personal life. I establish boundaries to ensure that when I’m working, I’m fully engaged and focused on my professional responsibilities, and when I’m off-duty, I prioritize personal time with my family and watching documentary/ Bollywood movies. Additionally, I love to Share my knowledge and passion by becoming a mentor or teaching others about the different realm of the provision of laws.This separation allows me to recharge, spend quality moments with loved ones, and pursue hobbies and interests, ultimately ensuring that both my professional and personal aspects of life coexist harmoniously and contribute to my overall well-being.
Lastly, considering the rapidly evolving legal landscape and the challenges faced by the current generation of legal professionals, what advice would you offer to young lawyers aspiring to make their mark in the legal field?
Perseverance and patience are the fundamental keys to success. It’s essential never to lose faith in yourself and your journey because life has a way of presenting opportunities that make all the challenges and efforts worthwhile. I suggest to all young lawyers to remember a famous dialogue from the movie ‘3 Idiots’ – “All is well.”. This simple mantra serves as a reminder that, despite difficulties, maintaining a positive mindset can be a powerful tool to navigate through life’s ups and downs. Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.
Can you share with us how your journey led you to pursue a career in law, especially with your diverse experience spanning industries like projects, infrastructure, oil and gas, and pharmaceuticals?
First of all, I would like to thank you for providing me this opportunity to share my journey. What needs to be understood is that while the journey to pursuing a career in law may vary for each individual, having diverse experience across industries can provide valuable insights and perspectives that enrich one’s legal practice and contribute to professional growth and success. Initially I wanted to pursue a career in Journalism but while exploring options after class 12th my father floated this idea of pursuing law and rest as they are history. While working in projects, infrastructure, oil and gas, and pharmaceuticals, I had encountered various legal issues and regulations. Through my experiences, I discovered a genuine interest in legal matters. I more often than not found myself drawn to the complexities of contracts, regulatory frameworks, intellectual property rights, or dispute resolution processes.
With over nine years of experience, you’ve worked in various capacities across different organizations. How have these experiences shaped your approach to problem-solving and finding innovative legal solutions?
My diverse experiences across different organizations have shaped my approach to problem-solving and finding innovative legal solutions by fostering adaptability, providing a holistic perspective, encouraging interdisciplinary insights, promoting creative thinking, and emphasizing continuous learning and improvement. These experiences equip professionals with the skills, knowledge, and mindset necessary to navigate complex legal challenges and drive positive outcomes in diverse contexts. Key things that I learnt are Adaptability, Holistic Perspective, Interdisciplinary Insights, Creative Problem-Solving, Continuous Learning and Improvement.
As someone with experience in drafting and vetting a wide range of commercial agreements, could you highlight the importance of attention to detail in legal writing and review processes?
Attention to detail is paramount in legal writing and review processes for several reasons:
Accuracy: Legal documents often contain complex language and technical terms. Attention to detail ensures that the content is accurate and free from errors, including typographical, grammatical, or factual inaccuracies. Precision in language helps to convey the intended meaning clearly and reduces the risk of misinterpretation or ambiguity.
Legal Compliance: Legal documents must comply with applicable laws, regulations, and contractual obligations. Attention to detail ensures that all relevant legal requirements are met, including citing relevant statutes, regulations, case law, and contractual provisions accurately. Failure to comply with legal requirements can have serious consequences, including legal disputes, financial liabilities, and reputational damage.
Clarity and Coherence: Effective legal writing requires clarity and coherence in conveying complex legal concepts and arguments. Attention to detail helps to ensure that the document is well-organized, logically structured, and easy to understand. Clear and concise writing enhances readability and comprehension, enabling the intended audience to grasp the key points and legal implications effectively.
Risk Mitigation: Inaccuracies or inconsistencies in legal documents can create legal risks and liabilities for the parties involved. Attention to detail helps to identify potential risks, ambiguities, or unintended consequences early in the drafting and review process. Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line.
Professionalism and Credibility: Attention to detail reflects professionalism and attention to quality in legal practice. Meticulousness in drafting and reviewing documents demonstrates a commitment to excellence and instills confidence in clients, colleagues, and stakeholders. Attention to detail enhances the credibility of legal professionals and reinforces trust in their expertise and judgment.
Ethical Considerations: Legal professionals have ethical obligations to provide competent and diligent representation to their clients. Attention to detail is essential to fulfilling these ethical duties by ensuring that legal documents are prepared and reviewed with the utmost care and diligence. Ethical lapses, including negligent drafting or review, can undermine the integrity of the legal profession and erode public trust.
In summary, attention to detail is a foundational aspect of legal writing and review processes. It promotes accuracy, legal compliance, clarity, risk mitigation, professionalism, and ethical practice in legal representation. By prioritizing attention to detail, legal professionals can enhance the quality, effectiveness, and integrity of their work product, ultimately serving the best interests of their clients and upholding the principles of justice and fairness in the legal system.
Your expertise extends to intellectual property rights, including trademark registrations and copyright infringement claims. What advice would you give to businesses looking to protect their intellectual property effectively?
As a lawyer, here is some advice I would offer to businesses looking to protect their intellectual property effectively:
Identify and Understand Your Intellectual Property: Begin by identifying all forms of intellectual property (IP) your business owns or creates, including patents, trademarks, copyrights, and trade secrets. Understand the scope, value, and importance of each type of IP to your business operations and competitive advantage.
Develop an IP Protection Strategy: Create a comprehensive IP protection strategy tailored to your business goals, industry dynamics, and market conditions. Determine which forms of IP protection are most relevant and valuable to your business, and allocate resources accordingly. Consider factors such as the nature of your innovations, competitive landscape, and potential risks of infringement or misappropriation.
Secure Legal Protection: Obtain proper legal protection for your intellectual property assets through patents, trademarks, copyrights, and trade secret protection. Work with experienced intellectual property attorneys to assess the eligibility of your innovations for patent protection, register trademarks and copyrights for brand assets and creative works, and implement confidentiality measures to safeguard trade secrets.
Enforce Your IP Rights: Implement proactive monitoring and enforcement measures to detect and address potential infringements or unauthorized use of your intellectual property. Regularly monitor market activities, competitor behaviour, online platforms, and industry publications to identify instances of infringement or misuse. Take prompt and decisive action to enforce your IP rights through cease-and-desist letters, negotiation, mediation, or legal proceedings when necessary.
Educate and Train Employees: Educate employees about the importance of intellectual property protection and their role in safeguarding IP assets. Implement policies, procedures, and training programs to raise awareness about IP rights, confidentiality obligations, and best practices for handling sensitive information. Foster a culture of respect for intellectual property and encourage employees to report any suspected infringements or security breaches promptly.
Protect Your Brand: Your brand is one of your most valuable assets, so it’s essential to protect it effectively. Register trademarks for your brand name, logo, slogans, and other distinctive elements to prevent others from using similar marks that could cause confusion among consumers. Monitor the marketplace for potential trademark infringements and take appropriate legal action to defend your brand’s integrity and reputation.
Document and Maintain Records: Keep detailed records of your intellectual property assets, including registration certificates, licensing agreements, assignment documents, and enforcement efforts.
Stay Informed and Adapt: Stay informed about changes in intellectual property laws, regulations, and industry trends that may impact your business. Stay abreast of emerging technologies, market developments, and competitive threats that could affect your IP strategy. Continuously evaluate and adapt your IP protection strategy to address evolving business needs, market conditions, and legal requirements.
By following these guidelines and investing in effective intellectual property protection strategies, businesses can safeguard their valuable innovations, brand assets, and competitive advantages, mitigate risks of infringement or misappropriation, and maintain a strong position in the marketplace.
In your role at Cyril Amarchand Mangaldas, you were involved in drafting agreements related to renewable energy generation and handling environmental inquiries. How do you balance legal requirements with environmental sustainability concerns in such projects?
By adopting a holistic and proactive approach that integrates legal requirements with environmental sustainability concerns, renewable energy projects can achieve positive environmental outcomes, contribute to climate mitigation and adaptation efforts, and foster long-term social, economic, and environmental benefits for communities and ecosystems alike.
Balancing involves: Compliance with Environmental Regulations, Adoption of Best Practices and Standards, integration of Environmental Considerations into Project Planning, Engagement with Stakeholders and Communities, Embrace Renewable Energy Technologies and Innovations, Monitor, Evaluate, and Adapt.
Lastly, drawing from your extensive experience, what advice would you offer to fresh law graduates aspiring to excel in the legal field, especially in terms of developing their problem-solving skills and navigating diverse industries?
Continuous Learning and Growth: The legal profession is dynamic and constantly evolving, so commit yourself to lifelong learning and professional development. Stay updated on changes in laws, regulations, and industry trends relevant to your practice areas. Engage in continuing legal education (CLE) programs, attend seminars, workshops, and conferences, and seek mentorship from experienced practitioners to broaden your knowledge and expertise.
Develop Strong Analytical Skills, Enhance Communication Skills, Embrace Interdisciplinary Perspectives,
Seek Diverse Experiences: Be open to exploring diverse practice areas, industries, and professional opportunities to gain valuable experience and expand your skill set. Consider internships, clerkships, externships, and volunteer opportunities in law firms, government agencies, corporations, non-profit organizations, and international institutions to gain exposure to different legal environments and practice settings. Seek out mentors and role models who can provide guidance, support, and insights into various career paths and practice areas.
Cultivate Adaptability and Resilience: The legal profession can be demanding and unpredictable, so cultivate adaptability and resilience to navigate challenges and setbacks effectively. Embrace change, uncertainty, and ambiguity as opportunities for growth and learning. Develop the ability to think on your feet, adapt to new situations, and bounce back from setbacks with resilience and determination.
Maintain Integrity and Professionalism: Uphold the highest standards of integrity, ethics, and professionalism in your legal practice. Act with honesty, integrity, and transparency in all your professional dealings. Respect confidentiality, avoid conflicts of interest, and prioritize your clients’ best interests above all else. Build trust and credibility with clients, colleagues, and the broader legal community through your ethical conduct and professionalism.
Starting as a first-generation lawyer, you faced the challenges of building your practice from scratch. Can you share a turning point from those initial years that significantly impacted your professional trajectory? Could you share some insights into your early school days and college life journey, the struggles you faced during your studies, and what motivated or inspired you to pursue a career in law?
As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones. We all know that the legal profession was not very rewarding for beginners, particularly in the 1980s, resulting in a significant number of lawyers leaving the profession within five years of joining it. Naturally, I, too, needed a turning point to stay put in the profession. In 1989, in the aftermath of a long-drawn lawyers’ strike in Delhi Courts, I was in two minds about continuing my independent practice. Then came a phase when, within a period of a few months, in three different matters in Delhi High Court, I received appreciation from the Bench for my performance as a lawyer in open court. Encouraged by the same, I banished all thoughts of quitting the profession and kept looking for opportunities to improve myself as a lawyer of substance. In my free time, I would prefer to go and sit in any courtroom randomly and watch the proceedings. Many tools in the kit that I possess as a lawyer today were picked up from watching other lawyers, which later got chiselled with experience.
In terms of professional growth, the next level turning point came in years 1993 when a few MNCs, particularly, American Express Bank’s Card Division, gave me a retainer, whereafter, by the grace of God, I never looked back and I was able to augment my practice not only in terms of volume of work but also qualitatively and geographically. The trajectory gradually gained width, and I started getting briefed for matters in courts spread all over the country.
Reflecting on my days as a student, I believe that all the credit for my development as a person and particularly my acquiring a taste for reading books on different subjects would go to my teachers, who encouraged me to participate in extracurricular activities and encouraged me to be a bilingual debater. To prepare for my debates, I would read more and more books, and visit all public libraries in Delhi and perhaps, in one of these moments, the Almighty God scripted my destiny, which eventually led me to a profession where reading is quintessential.
As regards struggle, I had my own share of it, in plenty. The students in my days, even those hailing from well-to-do families, by and large, were not loaded with deep pockets, and socialism in its true sense could be seen when almost everyone would be running to board a crowded DTC bus. Thus, a sort of existential struggle was part of life, notwithstanding the fact that family support secured basic needs for most of us, including me. Since in my entire family, be it from my mother’s side or my father’s; nobody was in the profession of law or judiciary, I cannot say that I was angling to be a lawyer at the time when I joined the Law Faculty. Options were wide open. Inspiration to become a lawyer came from the Dean of Law Faculty, Professor Ponnuswami, with whom I had regular interaction as the President of the Student’s Union. I would not know what he saw in me, but he was very sure that my place was in the Courts and in one of the meetings in his office on the DU Campus, he told me that the straight road from his office goes to Tis Hazari Court and that I should be walking on that road without wasting any further time.
Once again, it was my teacher who helped me in choosing my career, and it is the collective blessings of all my teachers in school, lecturers, readers and professors at the University of Delhi that have shaped my life, professional as well as personal. I am particularly indebted to Mrs. Sunanda Roy, an Advocate, who referred many high-profile individuals in my first phase of practice, enabling me to find my feet and to Mr. Arun Jaitley, Senior Advocate and later, a Minister in the Union Government, who guided me at those crucial moments in my professional life, which proved decisive and helped me to elevate to the next level.
In simple words, I would say that motivation and inspiration are part of a constant dynamic process, and one has to draw them through an honest introspection of one’s abilities, strengths and quotient of enjoying a particular field of work. Speaking for myself, I applied the method of elimination and over a period of time, I realised that given my strength as a speaker, my ability to analyse situations in an objective manner and the fact that I enjoyed the situations where academic knowledge and practical solutions could be blended, law was best suited for me as a profession and I have never found myself lacking in motivation to continue in this profession.
During your college years, applying for internships and gaining practical legal experience was a crucial step. Could you share some insights into how you navigated the process in an era before online applications? What challenges did you face, especially in securing internships with renowned firms or senior advocates?
In the 1980s, there was no structured system of internships in Delhi. Even at the university level, there was no such initiative or program whereby the students were encouraged to take up internships. Any student interested in exposure to courts would have to use his personal contacts, in as much as there was no practice of applying in a formal manner. Ordinarily, first-generation lawyers would not get opportunities to intern, barring a few whose parents were in a position to secure it for them. Speaking for myself, I did not do any internship while pursuing my LLB course. The mode of teaching law at Delhi University was case law based, and the classes were highly interactive and illuminating, particularly with some extraordinary gentlemen teaching us as lecturers, readers and professors, and we were generally in good pace with the latest judgments pronounced by the Supreme Court. The classroom discussions and the discussions in the canteen and corridors did not make me feel the need to go for an internship involving court visits or visiting a lawyer’s office. Besides, my extra-curricular activities in the college and my involvement in the students’ politics, blended with the fact that I took my classes seriously, left me with no time for internships.
In your journey, you’ve been involved in high-profile cases, including intellectual property laws and family partition disputes. Can you share a particularly challenging case and how you approached its resolution?
As regards family partition disputes, I would not like to speak much as they are essentially confidential in nature and are close to the emotions of the individuals who were forced by circumstances to be litigants. However, I can take pride in the fact that as a lawyer, I handled family disputes with a conciliatory approach, not by questioning the conviction of the clients because the clients are highly emotional in the truth of their version. Therefore, the strategy that I would adopt was to elevate the level of the contest both by way of pleadings and/or cross-examination, so that the opposite party would feel the heat and prefer to come to the table for settlement. I personally believe that in all property matters involving family members, whether it is a suit for partition or a dispute of succession, the settlement is the best conclusion of litigation.
I had the good fortune of representing top MNC brand owners in trademark litigation, mostly from the plaintiff’s side, courtesy of the trust reposed on me by two major IP Law Firms in Delhi, Remfry & Sagar and K&S Partners. In one such case, when I was engaged for the plaintiff, the Application for grant of ad-interim injunction was pending for a long time since no ex-parte relief was granted, despite highly reputed seniors appearing for the plaintiff. A challenge before me was to get the case heard, for on each date the matter would be adjourned due to the weight of the volume of the brief and the perception of the Court that the arguments would take long. I decided to take a risk, albeit taking my briefing firm in confidence, by keeping my opening arguments lucid, without compromising the contents and touching all points in a brief and succinct manner and to deal with the contentious points in the Rejoinder arguments. The strategy worked and, in a case, where the plaintiff was without interim orders for several years, was able to get one within two hearings. The point I am making is that as a Senior Advocate, one cannot rest on the basis of briefing alone in a ritualistic manner, but in each matter, there is a need to make value addition and above all, there is a need to strategize the arguments and if possible, to make a plan B to meet contingencies in the Court.
Returning to independent practice in 2023 after serving as the ASG for the Supreme Court, what aspects of your independent practice are you most excited about, and how do you plan to leverage your experiences in your current role?
Resuming independent legal practice in 2023 after serving as the Additional Solicitor General for the Supreme Court of India is a momentous step in my career and I am truly enjoying it. This transition brings a renewed sense of excitement and purpose, especially given the wealth of experience and insights, that I have gained during my tenure as the ASG. The prospect of handling a varied and challenging caseload is particularly exhilarating. I am confident that my new innings will enable me to delve deeper into complex legal issues and encourage me to learn new nuances and perspectives of the legal issues. It will also give me an opportunity to learn from the colleagues, whom I missed facing/working with during my tenure as ASG.
I am particularly excited about the new dimensions of legal practice, particularly the regulatory practice before specialized tribunals such as the Competition Commission, NCLT, NCLAT, PNGRB, APTEL, CERC, Lokpal etc. I am also enthused about the advent and growth of white-collar litigation in the criminal law field. I am also looking forward to upgrading myself in the fields of IP Laws, Information Technology and Telecom Laws.
Reflecting on your extensive experience in litigation, what are your thoughts on the field, and what suggestions would you offer to students aspiring to pursue a career in litigation? Could you share insights into the challenges you foresee or personally faced during your early days of practice that would be valuable for them?
The legal profession is intertwined with challenges at each stage; only the nature of the challenges can differ. The challenges that I and my contemporaries faced during my early days were primarily existential in the sense that we were all looking for work, in order to continue our existence in the profession, coupled with the challenges as a breadwinner for the family. Since then, the diversification of the profession has infused more work, both in terms of quantity and quality, but at the same time, the advent of five-year law courses has intensified the competition with a very large number of lawyers joining each year. Now, the challenge is to carve out a niche for oneself, or else, one may get submerged in the deluge of lawyers, who have shown greater alacrity in reacting and grabbing the opportunities.
It is the quest to carve out a niche that is the biggest conundrum for a young lawyer and to resolve the same, s/he would need the guidance and insight of seniors. The first question that confronts a young lawyer desirous of pursuing litigation as a chosen field in the legal profession is to take a call if she wants to gain foundational exposure to legal practice at the trial courts, tribunals, High Courts, Supreme Court or one or more combination thereof. Once a call is taken on this aspect, the next question is whom to join or where to join. In my view, both the questions are inseparably linked. It is a hard fact that every lawyer would not have the luxury of picking up the place of joining or the practice profile. Therefore, the ideal situation would be to internally prepare a list of preferences and look for opportunities accordingly.
The bottom line is patience, for one must remember that Rome was not built in a day; and that there are no shortcuts if a young lawyer wants to become a lawyer of substance. Therefore, a young lawyer should not get inspired by a rapid-fire success story of a particular lawyer; for all one knows, it may be short-lived, it may be a fluke; maybe such a lawyer whose success gained in a short time looks attractive is actually a windbag juxtaposed to a lawyer of substance. The stories worth emulating are only those where a lawyer, taken as a role model, has built up her body of work with hard work, exemplary court demeanour, following ethics, maintaining integrity and exhibiting skills based on domain knowledge and comprehensive research. I would suggest that even in the choice of senior or a firm, the above factors should always be weighed. In my view, it is extremely important to how a young lawyer conducts herself in the court in terms of observing the dress code, which in my view includes footwear, in terms of leadership and communication skills, in terms of maintaining decorous behaviour in the court and courtesy exhibited in the interaction with the colleagues including opposite counsels.
Most of the tools which an arguing counsel must possess are developed and chiselled in the courtrooms only because the court craft cannot be taught in law schools. A young lawyer needs to learn when to start, when to pause and when to end. Voice modulation, submissiveness and calculated aggression are priceless tools that need to be keenly observed at the Bar and then inculcated into one’s system, not by copying but by blending the same into one’s own strengths and qualities. An eye for detail is highly recommended. Seeing is believing should be the philosophy before relying upon a document received from clients. Above all, it must be understood that more often than not, a client would not be in a position to assess or may not be voluntarily willing to part with the necessary information or documents required in the best interest of his/her litigation. A lawyer has to develop a skill to elicit information from clients to anticipate the documents that would be required for the case and to insist that those documents are collated and supplied.
Last but not least, familiarity with the court building and the court procedure, where one practice is a sine qua non for the success of a litigation lawyer. In my view, a young lawyer may call herself a dispute lawyer, which is the term in vogue, only when she passes the above stage and is able to deliver for the client and at the same time, is able to inspire confidence in clients, colleagues and courts.
Your college days at Delhi University seem to have played a pivotal role in shaping your diverse interests, including your art collection, your extensive library, and your love for both vocal and instrumental music. Can you shed light on your non-legal life during those days and how these interests continue to enrich your personal journey?
My college days at Delhi University left a lasting impact on my diverse interests outside the legal sphere. During those years, I immersed myself in a world of cultural and artistic exploration that continues to enrich my personal journey to this day.
One of my enduring passions from my college days is the art collection. The vibrant cultural scene in Delhi, especially within the university, exposed me to a wide range of artistic expressions. I found myself drawn to various forms of art, including paintings, which eventually contributed to the art collection that I currently have. Collecting art has been an enjoyable journey, filled with inner peace, spirituality and the ability to view things from diverse perspectives.
My extensive library includes books, not only books from different parts of India but drawn from all parts of the world, written in different languages. I have admired the beauty of the classics, drawn inspiration from autobiographies and travelogues, gained knowledge from historical narratives and interpretations, widened my understanding of different genres of fiction writing, mythological stories, critiques, both social and political, broadened my wisdom and comprehension by reading religious and philosophical writings and have truly enjoyed the comics.
My love for both vocal and instrumental music also has its roots in my college years. Delhi University’s rich cultural heritage exposed me to the vibrance of music from different traditions. I developed an appreciation for classical and folk music, often attending music concerts.
As a bibliophile, can you recommend a book that has significantly influenced your perspective, either personally or professionally, and why?
In my formative years, I read a variety of literature. I was hugely inspired by the vernacular literature comprised of the writings of Munshi Prem Chand, Dushyant Kumar, Jaishankar Prasad, Maithili Sharan Gupt, Ram Dhari Singh Dinkar, Mahadevi Verma, Rabindra Nath Tagore, Vijay Tendulkar, Mohan Rakesh, Dharma Vir Bharati, besides translated works of many regional giants, who have graced the landscape of literature in Indian languages. I also enjoyed the monumental works written by the stars of BhaktiKal / RitiKal, such as Goswami Tulsidas, Kabir, Rahim, Bihari and Surdas. I immensely enjoyed the translated works from Sanskrit, Persian and Urdu.
However, if I have to point out one book that left an indelible imprint on my thought process in my growing years, which surely must have impacted my personality subconsciously, it is The Fountainhead by Ayn Rand. The underlying message of the book, departing from its various complex interpretations, which I personally absorbed for myself, was that in the ultimate analysis, it is me only who is responsible for my actions and that, therefore, there is nothing wrong in flaunting a bit as regards my instinct for preserving my self-respect even if it is construed as ego by others and as regards my efforts to watch my self-interest, as distinct from selfishness for the simple reason that unless I watch my self-interest I cannot be of any use to others in the society. The ultimate takeaway of the book was that each person has to respect himself/herself in order to grow as a person, and it is this realisation alone which is the fountainhead of human progress. I have taken the message of the book as I have construed it in my own way and have followed it invariably. In fact, in Hindi, I prefer to call this element of self-respect “Asmita”, which is also the title of the collection of my poems.
Balancing a legal career and personal interests can be demanding. Do you have any specific routines or rituals that help you maintain this balance and stay inspired in both your professional and personal pursuits?
I personally believe that where there is a will, there is a way. I also believe that I do not have to throw my weight around, and I need to retain my humility. I always remember that after the game of chess is over, the king and the pawn are packed in the same box. Therefore, I have been able to manage the balancing act with reasonable ease, and the reasons for the same as I see it are that I enjoy my professional work, and do not perceive it as a burden or something in conflict with my other interests. With that bend of mind, I seamlessly transit myself to the experiences of other interests of mine, be it movies, books, theatre, concerts, travel or other aspects of my life. It is correct that in terms of time, my profession consumes most of it, but it is always possible to make the most of the remaining time. The key is how one organises one’s life and how well the time is utilised with a bit of multi-tasking and an uncluttered mind. Above all, I have a full realisation that I am unique, hence incomparable; that I need not know unnecessary information about others; that I cannot be a character in every story, so let it go.
You’ve received an Honorary Doctorate in acknowledgement of your contributions to the legal domain. Could you share with us how such a significant recognition influences your sense of responsibility and commitment to the legal profession? In what ways do you perceive this honour shaping your future endeavours and the impact you aspire to make within the legal community?
Receiving an Honorary Doctorate as a recognition of my contributions to the legal domain is an incredibly humbling and gratifying experience. This significant recognition brings with it a heightened sense of responsibility and commitment to the legal profession, which influences me in several profound ways.
Firstly, this honour reaffirms my dedication to upholding the highest standards of legal practice. It serves as a reminder of the impact one can have through diligent and ethical work. In response, I feel an increased responsibility to continue contributing positively to the legal community, maintaining integrity, and striving for excellence in all my professional endeavours.
Additionally, this recognition motivates me to further engage in mentorship and education within the legal field. I see it as an opportunity to inspire and guide the next generation of lawyers. I aim to share the knowledge and experiences I’ve gathered over the years more actively through teaching, writing, or speaking engagements. By doing so, I hope to play a part in shaping a future legal community that is skilled, ethical, and dynamic.
The honour also strengthens my commitment to pro bono work and access to justice. It reminds me of the importance of using my skills and knowledge to serve those who may not have easy access to legal assistance. I feel a renewed drive to contribute to causes and cases that can bring about social change or aid individuals in need.
Furthermore, this recognition broadens my perspective on the potential impact of my work beyond the courtroom. I’m inspired to engage more deeply in legal research and policy-making, areas where I can contribute to the evolution of law and its practice. This could involve working on law reform, participating in think tanks, or advising on policy initiatives.
Lastly, receiving an Honorary Doctorate fuels my desire to continue learning and evolving. The legal field is constantly changing, and this honour is a reminder that one’s education and development in the field never truly ends. I’m encouraged to keep abreast of new legal developments, technologies, and methodologies to ensure my contributions remain relevant and impactful.
Considering your extensive legal career, what advice would you offer to the current generation of aspiring lawyers regarding the choice between gaining practical experience through internships and pursuing higher studies, particularly the prospect of doing an LLM abroad?
When considering the choice between gaining practical experience through internships and pursuing higher studies like an LLM abroad, it’s important for aspiring lawyers to first understand their career goals. If you aim to specialize in a specific area of law, engage in academic research, or pursue a career in academia, then an LLM from a prestigious international university can be highly beneficial. Such a degree can provide in-depth knowledge and a global perspective, which can be invaluable in certain legal fields. It’s also an opportunity to develop a network of international legal contacts and gain exposure to different legal systems, which can be particularly advantageous if you’re interested in cross-border legal work or international law.
On the other hand, the value of practical experience gained through internships cannot be overstated. Internships offer a real-world understanding of legal procedures, client interaction, and the day-to-day workings of the legal system. This hands-on experience is crucial for developing practical skills that you cannot learn from textbooks or in a classroom. It also helps in building a professional network, which is essential for a successful legal career. Internships can provide insights into how law firms operate, the challenges of legal practice, and can help you determine the specific areas of law that you’re most passionate about.
It’s also worth considering a combination of both paths. For instance, you could pursue an LLM abroad to gain specialized knowledge and international exposure and then focus on internships or practical legal work to apply and further develop these skills. This approach can offer the best of both worlds – the advanced knowledge and prestige of an LLM, along with the practical skills and real-world experience gained from internships.
Finally, remember that each path has its unique set of advantages, and your choice should align with your long-term career aspirations and personal circumstances. Some legal careers benefit more from advanced academic credentials, while others prioritize practical experience. Reflect on where you see yourself in the legal field and make a decision that aligns with your professional goals and personal growth.
Shikha, could you tell us about how you began your journey in law and what motivated you to pursue this career path? What were some of the initial challenges you faced, and how did you overcome them to establish yourself in the legal profession?
I don’t recall as to why, but as a child, I wanted to be a Judge. Then, post my 12th grade exams, like everyone else, I had to decide my career path and I chose law as may career path ahead. I distinctly remember some of my relatives advised my father that if I do law, then it will be difficult to find a groom for me. This increased my determination further to go ahead with law as my career path. Being a girl and belonging to a Marwari family, it was not an easy choice. However, fortunately, my parents supported my decision. That said, I didn’t have any guidance or a shoulder to fall back on for my journey in law. One thing which helped me to survive the various challenges in this otherwise fruitful journey was my passion. I guess somewhere that dream of mine to become a Judge, helped me to hang in there.
Your journey from in house to law firm and also from litigation to corporate restructuring and insolvency practice is quite intriguing. Can you share what inspired you to transition into this field and how your previous experiences have shaped your current expertise?
Yes. It has been quite a rollercoaster rise. I am among the few who has gone from a law firm to an in-house and then back to a law firm. My journey of Corporate Restructuring & Insolvency Practise started when I was with Piramal Capital & Housing Finance Limited. I was fortunate to get the best team and guidance and support. I still remember, my senior at Piramal, guiding me that as an in-house counsel, how one has to wear both the hats – business and legal and keep shuffling between them. At Piramal, I was part of some of the high-profile real estate resolutions and saw the entire cycle of restructuring, pre-insolvency strategy, CIRP process and settlement. It also helped me to have a business enabler mindset rather than just a legal mindset. So, my experience with Piramal Capital really helped me to shape the current expertise of mine.
In your current role at ANM Global, you’ve been involved in advising creditors and representing resolution professionals in insolvency matters. What unique challenges do you face in this area, and how do you overcome them?
The biggest challenge which I am seeing is that creditors have somehow lost the faith in insolvency proceedings given a lot of delay in hearings at NCLT because of vacancy in the benches. The vacancy has now been filled and various positive amendments are being passed by legislature. Hence, when we speak to our clients, we inform them about these developments and are hoping that sooner or later their faith will be restored.
Looking back at your journey so far, what’s one piece of advice you wish you had received when you were starting your career?
When I see back, I feel none. I strongly feel each of my experiences in my entire journey and the challenges were a milestone rather than a stumbling block. Absence of any of those challenges would have made the journey less memorable. Looking back, I also feel that not having any godfather, so to say, helped me even more to get more out of each of my challenges on the way.
What is your view on internships and early stages of a law career?
Internship is a really good opportunity at the start of one’s career to understand areas of interest while at the same time, I would say that enjoy the college life as well as I strongly believe those days never come back again. During early stages of law, I would suggest one to work as diligently as possible as that is the time when one can create a strong base in law which is important to shape the career in the long run.
You’ve been involved in various high-stakes cases throughout your career. Can you share a memorable success story where your strategic approach led to a favorable outcome for your client?
I believe, the strategy should start right at the time of entering into any agreement or contractual obligation. Being always on litigation side, I knew how are the clauses interpreted and what are the things which should be taken care of at the time of entering into contracts and during the life of the contracts. Accordingly, we have a White Paper listing out statement of procedure (SOP) to be followed while executing the documents as well as during the transaction. We discuss this with our clients so that proper steps can be taken right at the documentation stage itself. The SOP tremendously helps in resolving the complicated matters.
Besides that, from time to time, once the matter goes into litigation, we understand the end solution required, devise a strategy and then work towards it. This exercise done by us in each of the matter really helps us to get better results for our clients.
Though I have been part of some of the big real estate resolution and dispute resolution where our strategy really worked for our client, there is one matter which I had in my initial days of legal practise and which remains close to my heart. We were briefed by an individual client wherein he had a huge property in South Mumbai and he had learnt that one of his relatives, has fraudulently filed some litigation in it and is about to take absolute possession on the next day in Bombay High Court. We devised the strategy on the same day, drafted the application overnight, filed the matter in morning, mentioned it and got a stay on the process of handing over the keys, all within a period of 24 hours.
You have chosen Insolvency and Bankruptcy Law, litigations as your area of specialisation? Any specific reason behind it?
Litigation was always my passion. Hence, even after completing my CS, I never pursued the same. I find Insolvency & Bankruptcy Law logical and versatile. The best part is that it keeps on evolving on a daily basis which makes it challenging as well as interesting.
Apart from your legal career, we hear you enjoy cooking and playing badminton. How do you balance your professional life with your personal interests, especially with a young child?
Yes. I love playing badminton with my husband and son. Whenever possible, I also play board games with my son and cook food for the family. These are stressbusters for me. For me, my career and my family has to go hand in hand and I try my best to spend my early mornings and weekends with my family.
Given your extensive experience, what advice would you offer to young professionals aspiring to build a career in law, particularly in the fields of corporate restructuring and insolvency?
I believe today’s young professionals have become impatient looking for instant gratification. To all of them, I would suggest to show some perseverance and hang in there. As they say, Rome was not built in a day! All you need to do is continue working hard, focus on process and results will follow. With regards to Insolvency practise, my suggestion would be to try to understand it logically and keep yourself updated.
What would be your one piece of advise for women practitioners?
To the young women practitioners out there, I would just advice, be yourself. Don’t compete yourself with anyone. At times, in order to manage everything, we get too harsh with ourselves. I would say, learn to let go and enjoy your journey. It is the journey which makes the destination beautiful!
Your career journey spans across various industries and geographies. Can you share a bit about how you started your career and the key moments that shaped your path to becoming a legal director at HARMAN International?
I started my career in Singapore and as an outsider and without much prior experience and knowledge about the legal field in Singapore, it was no doubt an arduous task. However, being a go-getter and having been blessed with good mentors as well as supportive colleagues, the journey so far has been really amazing. Diverse industries and countries have particularly helped me achieve certain things that are so invaluable and pertinent even today. For instance, the initial approach adopted to settle within a particular industry moulds your entire work life in that particular industry. Reaching out to the right people, gathering information about the actual “source” of information, finding mentors and peers, trial and error processes etc are all the key factors that contribute towards growth. Technically, one may be brilliant but if an individual has zero skills in all other aspects, it would be impossible to grow. Most importantly, one must be humble, grateful, dedicated and eager to learn. These soft skills coupled with a strong technical background pave the way for a successful career!
As a legal director, you’ve been described as a “transformation powerhouse.” What drives your passion for transforming legal processes within organizations, and can you share an example of a particularly impactful transformation project you’ve led?
I have a very keen eye for detail and this quality has probably helped me with the transformation projects. If a particular area of law can be dealt with in a better manner, I jump into action immediately. It is also equally important to involve all the right stakeholders right from the beginning so that all aspects are covered beforehand. In one of the companies I worked for, the entire negotiation life cycle of a particular agreement (which was the bread and butter of the business) was 250 days. After various discussions with all the stakeholders, I identified the gaps and came up with a gap analysis. Following this, an SOP was put in place which clearly articulated the roles and responsibilities of each of the stakeholders involved in the process along with the timelines. The project went live and the entire negotiation was completed in 30 days (as opposed to the 250 days)! This had a huge impact on the revenue recognition i.e. the company started to see profits in a relatively short time.
You’ve been involved in setting up subsidiaries and clinical trial laboratories across the Asia Pacific Region. What challenges did you face in these endeavors, and what strategies did you employ to overcome them?
Setting up entities is a different ball game altogether. Every such project is unique because the requirements vary on a case-by-case basis. For example: a representative office was set up in a particular country (as opposed to setting up a subsidiary) owing to various legal and taxation challenges. While the legal team is overall responsible for setting up entities, the commercial analysis at the very beginning should be performed by the Finance, Taxation and Business teams respectively. There should be a clear path to why a particular entity should be set up, what strategy should be adopted, Pros and Cons should be weighed carefully and above all, would this entity really matter ten years down the line…these are a few initial as well as crucial points which ought to be covered. In terms of challenges, this was the exact challenge I faced initially i.e. I used to go ahead with setting up entities purely based on Business decisions. Over a period, I realized that there is much more to it and then started to collaborate with various teams to understand the process thoroughly. In the entire scheme of things, the major challenge is to get everyone involved aligned (as different individuals have different temperaments, approaches etc).
Being a firm believer in sharing knowledge, you often speak at conferences and address students as a guest lecturer. What do you enjoy most about engaging with the student community, and what message do you hope to impart to them?
The best part about engaging with the students is their curiosity and line of questioning. They certainly think differently and constantly challenge as well as fascinate me! I also thoroughly enjoy it when the students outwit me. Also, I get to learn a lot in the bargain.
Your educational background includes a Diploma in Information Technology Law and certifications from Harvard University and UNITAR. How have these additional qualifications influenced your approach to legal practice, particularly in the rapidly evolving field of technology law?
If I don’t upgrade myself with the relevant qualifications promptly, I will be a loser. Going by this philosophy, to the extent time permits, I continue to upgrade myself in the areas of interest as well as relevance. By doing so, I can add more value to the organization by either introducing appropriate changes, upgrading the existing policies or contributing better in the management meetings.
In your role at Hitachi Data Systems, you managed negotiations for a variety of commercial contracts across different regions. What were some of the key challenges you faced in navigating these negotiations, especially in diverse cultural contexts?
Good question! Yes, diverse cultural backgrounds do matter to a great extent in contract negotiations. Initially, it was very difficult because I was new to the company and also the entire ecosystem. So there was a steep learning curve. Once I overcame that part came the cultural challenge. In Singapore, people are very wary of time and speed is of the essence. Whereas in certain other Southeast Asian countries, negotiations may not be fast-paced because issues with respect to hierarchy, internal processes, regulations, trust, bias and above all, language barriers come up mostly. So, I gradually learnt that “patience” is paramount. One needs to be patient to observe and understand the environment. Once the background is assessed appropriately, negotiation becomes smoother.
Outside of your professional endeavors, do you have any personal hobbies or interests that you’re passionate about? How do you balance your personal interests with the demands of your career?
I am passionate about travelling, teaching and working out. In today’s fast-paced world, it is very difficult to get time out for yourself. However, when one realizes how important it is to slow down, enjoy the small pleasures of life and respect one’s body and mind, one works towards achieving his/ her personal goals. While on a personal trip, to the extent possible, I avoid using my work phone. The other aspect I have realized is that chasing your dreams allows you to be happier and also gives you contentment. So, a healthier and happier mind functions better at work.
As a woman leader in the legal industry, what advice would you give to other women aspiring to leadership roles, especially in traditionally male-dominated sectors?
A positive attitude is a must-have quality. Aspiring women leaders should work harder and at the same time strike a balance between professional and personal lives. To do so, one just needs to be smart in terms of prioritizing. Women in particular should insulate themselves from any external factors which could disturb them mentally in particular. Last but not least, physical fitness plays a vital role in the overall well-being of an individual. So I encourage all aspiring women leaders to find time to engage in any physical activity at least four days a week.
Looking ahead, what are your aspirations for the future, both professionally and personally? Are there any new challenges or goals that you’re particularly excited to pursue?
My first inclination is towards teaching in the long run. At some point, when I retire, I would like to pursue teaching. I am also very passionate about ESG (Environment Social Governance) as well and am exploring a few ideas at the moment. When the right time comes, the ideas will be put into action.
Ms. Gore, could you share with us some insights into your journey from your college days at Campus Law Centre, New Delhi, to becoming a Senior Partner at Karanjawala & Co. and an Advocate on Record at the Supreme Court of India? What were some of the challenges you faced along the way, and how did you overcome them to achieve your current level of success?
One of the most enriching experiences of my life was my time at the University of Delhi. My alma mater, Campus Law Centre, Faculty of Law is where I received a holistic understanding of the subject and the guidance I received from my professors helped in shaping the lawyer I am today. I believe apart from theoretical knowledge of the subject, my passion and inquisitive nature as regards law and its practical application, helped me in becoming an Advocate on Record. Being an Advocate on Record pushed me further towards learning and growth. My perseverance and dedication through this journey along with a commitment to professional standards helped in my growth in the profession. A combination of leadership skills, effective teamwork and delegation abilities helped me reach the position of a senior partner at Karanjawala & Co. Earlier the legal profession, especially litigation, was a male dominant profession. Being a female, the major challenge I faced was balancing work and family responsibilities together. I believe the support from my family and the innate skill of women to multi-task helped me smoothly sail through such challenges.
As a distinguished mediator and advocate, you’ve handled a wide array of cases, including complex constitutional matters and high-conflict mediations. How do you maintain a balance between these different areas of law, and what drives your passion for mediation?
The most crucial aspect for maintaining a balance between different areas of law, especially litigation and mediation, is adaptability. Dispute resolution is dynamic and I believe being a lawyer who wishes to practice and work in different fields of law, adapting to the medium of resolution and identification of the requirement of that particular case is extremely essential. The pendency of cases and the time taken in administration of justice led to my interest in mediation. I firmly believe that where justice is administered at a belated stage is as good as denial of justice. Through mediation, there is a sense of fulfilment in helping the clients to reach a mutually agreed solution in an efficient manner. Witnessing the positive impact on the lives of the clients is a driving force too. Further, being a certified mediator I feel my communication and negotiation skills have improved which is not only valuable in mediation but also in various legal contexts. My passion for mediation has culminated in the form of a book named as “Handbook on Mediation”.
Your expertise extends beyond the courtroom, with a focus on training sessions, guest lectures, and judging competitions. What motivates you to engage in these activities, and how do you believe they contribute to the legal community?
Having an experience of over 30 years, I feel it is my duty to give back to my professional legal community by sharing my knowledge and mentoring aspiring legal professionals. In my opinion, continuous learning is important to maintain high professional standards and engaging in training sessions helps in staying updated on latest legal developments and emerging trends. Such training sessions, lectures and judging competitions are platforms to share insights and practical advice with law students and fellow professionals. I believe by active participation in such activities I can make a small contribution towards shaping the future of the legal profession.
In your distinguished career, you’ve handled over 350 private and court-annexed mediations. Can you reflect on one particularly challenging mediation session and how you navigated through it to achieve a successful resolution?
Yes, I have handled commercial, matrimonial and religious matters for mediation. The first key in mediation is confidentiality therefore, it would not be appropriate for me to mention the factual matrix, but I can certainly say that in mediation sessions a lot of brainstorming is required, sometimes the high emotional healing process is required in a mediation and sometimes transformative solutions are required. A mediator has no advisory role in a mediation and acts like a third party and is a neutral party who just facilitates resolution of disputes between the contesting parties through negotiation and communication skills. Mediation is a structural process in which a Mediator can use his / her own styles and with the passage of time once you are experienced enough, involves active listening, confidentiality, voluntariness, neutrality, empowerment and creative solutions. A Mediator is incharge of the mediation sessions and can use this power to foster a collaborative approach settling the matter.
As a senior partner at Karanjawala & Co. and an advocate on record at the Supreme Court, you’ve been involved in landmark cases and constitutional matters. Can you share a bit about your experience in handling such high-profile cases and the unique challenges they present?
Having more than two decades of experience in the profession, I have worked and handled a wide array of cases ranging from complex constitutional matters, commercial disputes, partnership disputes, employment disputes, mining law, real estate to other complex civil lawsuits. We successfully represented a subsidiary of Tata Power in a constitutional matter which involved the question of whether a foreign company could assert fundamental rights under the Constitution of India. We have successfully represented big companies like Tata Motors, Tata Steel, Bharti Shipyard, GVK EMRI in a wide variety of matters ranging from mining, taxation and property disputes to name a few. We have successfully represented our clients in medical negligence cases. With so many years of experience, it is not possible to list down the cases I have handled and worked on. I firmly believe that whether it is a high-profile matter involving huge stakes or an individual matter, or matter relating to admission of a visually impaired student or any pro-bono matters, public interest litigation pertaining to environmental causes or personal liberties, what matters for a lawyer is to work with perseverance, diligence and successfully representing the client with best of the legal knowledge. I strongly feel that every lawyer at some stage in the initial years of his practice should work with some NGO for some time and try to do legal aid matters which is the best way to give back to the society.
In your opinion, what are some of the key qualities or skills that aspiring lawyers should cultivate to excel in the legal profession, particularly in areas such as litigation, arbitration, and mediation?
In my opinion, the most important qualities as mentioned earlier that aspiring lawyers should cultivate to excel in the profession are continuous learning, adaptability and perseverance. Strong research and drafting skills are imperative for a lawyer. I believe analytical thinking to construct robust strategies and ability to persuasively present arguments are essential in litigation. Apart from these qualities, to excel in arbitration, a feel it is important to have deep understanding of the arbitral procedures and to have advocacy in arbitration, one should hone his/her skills in presenting evidence. In mediation, I feel the mediator must possess active listening and communication skills, able to balance the power play between the parties along with the ability to set aside personal biases. Mediation process will only be effective if the mediator can cultivate persistence to guide the parties through the process, build trust in the process of mediation, a Mediator works as a bridge between the parties to facilitate a dialogue between them and help them reach an amicable settlement.
Your work has been recognized by prestigious organizations and publications, earning you numerous awards and accolades. How do you stay grounded amidst such recognition, and what values do you prioritize in your legal practice?
I am extremely grateful for the recognition I have received by my community. The recognition and accolades push me to achieve work even harder and with more diligence. I have the willingness to learn and grow and it is a never ending process. Having reached such a position, I still feel it is a dynamic profession with always something or other to learn and imbibe from my fellow professionals including my juniors. Apart from diligence and hard work, prioritizing the interests of the clients is of utmost importance and values like integrity and empathy help in building trust with clients. Lastly, commitment to ethical conduct and professionalism is essential and adds to your credibility.
Your commitment to continuous learning is evident through your participation in various international conferences and training programs. How do these experiences influence your approach to practicing law and mediation in an evolving legal landscape?
Participating in international conferences and training programs helps in getting a perspective of the legal system, practices and challenges worldwide. These conferences and programs are great opportunities for networking and exchange of ideas. It also gives exposure to new technologies and innovative legal practices along with emerging trends in the legal field. Alternate dispute redressal mechanisms, especially mediation techniques are discussed in such conferences. It helps in being aware of the evolving legal landscape globally.
Outside of your professional pursuits, do you have any personal hobbies or interests that you enjoy? How do you find balance between your career and personal life?
It is very important to have a life outside the office which includes having hobbies and interests. Hobbies outside the professional pursuits help in unwinding and provide a break from work pressure. Apart from a source of relaxation, hobbies also help in personal development and help in maintaining mental and physical health. I enjoy oil-painting and water-painting and it is therapeutic for me. The best way to balance between career and personal life is prioritising and adjusting based on the circumstances and situation.
Looking back at your journey, from your education at Campus Law Centre, New Delhi, to becoming a distinguished legal professional, what advice would you offer to the current generation aspiring to build successful careers in law?
The most important advice I would give to the current generation aspiring to have a successful legal career would be to stay committed to learning and working hard and be resilient as progress is impossible without hard work. It is crucial to have a vision and one should always set short term as well as long term goals as they act as a driving force or motivation to grow in your career. I believe one should always be open and looking for the right opportunities. The new generation is way more aware, connected, focused and intelligent. I wish them all the best in this noble profession.
Your journey from college to becoming the Head of Legal at Noida International Airport is impressive. Could you share some of the key challenges you faced during your early career stages and how you overcame them to reach where you are today?
Being a first-generation lawyer, I never had the advantage of family connections or right mentors to guide in navigating the legal landscape and I must admit that I had lacked hands-on training as well that those who have a pedigree in the legal field, receive as a part of their daily routine.
Hence, I decided to overcome these limitations by focusing on my skills, knowledge and professionalism. I accepted internships without stipends, offered pro bono legal services to gain hands-on practical experience and aimed to build a reputation of being a thorough professional with integrity.
I ensured that I proactively network by attending legal seminars and conferences, keep engaging in online legal communities and join professional organizations to meet experienced lawyers and potential employers. In short, “perseverance” and “continuous efforts” are the two key words which have so far been working for me. Touchwood !!
Credit also goes to all those few kind people who understood my approach of working, that is, how I can contribute and bring value to the table and then there was no looking back for me.
What motivated you to transition from litigation to an in-house role, and how has this shift shaped your approach to legal challenges?
Making that decision was a significant career move. What mainly allured me to the in-house role was the opportunity to be an integral part of a company’s decision-making processes.
In order to have a more direct impact on business decisions, the legal function has to work very closely with the business teams and gain deep knowledge of the company’s operations, industry regulations, and strategic goals. I was very clear that this specialized knowledge is invaluable and provides a unique perspective when advising the company on legal matters.
As an in-house counsel, I got opportunities to be intimately involved in shaping and executing corporate strategies, negotiating contracts, managing litigation, and ensuring compliance. This level of involvement allowed me to see and understand the tangible results of the legal advice.
Further, during my litigation days, I realised that a lot of disputes were arising due to some ‘inattentions’ right at the documentation stage. That incited my curiosity about the critical role an in house can play in mitigating such risks right at the start such as making the documents robust enough to firstly prevent disputes from happening and if not then create a good defence.
Having worked with diverse organizations such as GMR, Accenture, Alstom, and now Noida International Airport, could you share a memorable experience or lesson from each phase of your career that significantly influenced your professional growth?
In fact, all the places where I have worked so far have taught me the importance of self-awareness and emotional intelligence. Technically they may offer different things to learn (specific to each sector) but a few common things that I absorbed at all such places is that it is very important to understand the Company’s culture. Any initiatives, external interactions and/or negotiation strategy must be aligned with the company’s culture, work environment and company policies.
I also learnt that productivity is directly proportional to the extent of empowerment. Once I became a part of the leadership group, I realised that empowerment to take decisions is absolutely crucial. Hence, while accepting a new role, I check on the mandates I would be allocated with, without fail.
On the technical front, organisations such as Amplus (Petronas Group) and EverEnviro (EverSource owned) helped me build a strong business acumen which is very critical for in-house resources in order to enable them to play a strategic role in the business decision-making process.
I developed a solid understanding of risk management and operational strategies to effectively contribute to the company’s goals at most of the places I worked at. Further, I got tremendous exposure in the area of framing and administering “compliance” which is especially a challenging area. A change in one aspect, such as corporate governance or any policy or even key managerial personnel, can trigger requirements in multiple entities. As the number of entities and jurisdictions involved rises, so does the risk of non-compliance. I got hands-on experience in project financing for Alstom, Amplus and EverEnviro entities. I remember some very challenging but interesting days from the complex phase of the Amplus acquisition by Petronas, where I lead the Amplus in-house team which handled the complex phases of the acquisition transaction (with adequate support from the external counsels), for the Indian leg of the said transaction.
Alstom provided me a platform where I handled some very high-stake transactions such as the transfer of entire transport business by way of slump sale within Alstom entities; It involved extensive due diligence of the existing records, reviewing and drafting the share purchase agreement, the Business Transfer Agreements, letters to the Customers informing them about this transaction, Assignment and Assumption Agreement etc.
There have been some instances where law firms/external support supporting us with transactions cited a case law to prove a point and incidentally, those specific cases turned out to be not only steered from the conception and handled by me (including briefing to the senior counsel etc.) but also managed to get favourable orders therein. The reactions that I received from the law firms once I told them about it, was priceless and its something I feel very proud of.
You’ve navigated complex transactions and legal landscapes in industries ranging from aviation to waste management. What unique challenges and rewards do you find in working across such varied sectors, and how do you adapt your legal expertise to each industry’s nuances?
That’s right! I have worked across different sectors and therefore I think am rightly placed to humbly disagree with a common notion specific to the legal field that one must focus on specialising in one dedicated sphere. My experience tells me that working with different sectors and organisations helps bring in ductility in the approach to handle different set of tasks. I find myself in a better position to handle a diverse range of legal issues and adapt quickly to the unique demands of each sector, multi-task, and work collaboratively with cross-functional teams.
GMR, Alstom and Noida International Airport helped me gain an insight into the challenges and nuances of working on government contracts and public procurement. Dealing with government contracts is very different from how one negotiates a private contract. Considering the limited room for negotiations in case of the former, the focus is mainly on how to internally mitigate the risk to the maximum extent possible. That’s a very interesting area which provided me with hands-on experience on risk management as an important tool for lawyers and managing complex projects, providing practical advice, and collaborating with clients. Accenture and Amplus (Petronas Group), on the other hand, provided me a platform where I could build a strong business acumen which is very critical for in-house resources in order to enable them to play a strategic role in the business decision-making process.
As it is with changes happening almost on a daily basis such as advent of AI, change in the tax framework, introduction or restructuring of several legislations have let legal teams under intensifying pressure to meet new demands and match the pace of business change. Hence, agility and wider exposure has become critical tools for the general counsels and their teams to better support the broadening spectrum of risk, compliance, governance, operations and regulatory issues, as well as the need to support the business in the execution of its strategy. If you ask me, the future belongs to the generalists with the role of specialists becoming very limited as compared to the present time.
In your role at Noida International Airport, you’re contributing to the development of a greenfield airport. Can you share some insights into the legal intricacies and challenges involved in such large-scale infrastructure projects, and how you ensure compliance while fostering growth?
With any large-scale infrastructure projects or to be specific a Public-Private-Partnership (PPP), one of the biggest challenges is having no scope of negotiations when almost all PPP concessions usually have a term of about thirty (30) years. Running a project of that scale for such a long period on the same terms and conditions is not pragmatic and a major reason for the imbalance that such projects face from time to time. I am not suggesting for a platform to re-negotiate however, public sectors must provide some comfort to the private parties to accommodate events such as prices going up and imports becoming difficult due to for eg. say this Ukrain war. Although there are a lot of changes that are happening where the public sector is becoming sensitive about the day-to-day challenges private sectors have to face while executing the PPP projects, I feel we still have some miles to cover before the former becomes comfortable with the idea that it is okay for the private sector to make some profits. This fundamental understanding will go a long way to regain and/or strengthen investors’ confidence in the PPP projects.
Specifically in the case of Greenfield projects, there are some construction related risks such as physical unexpected events that may occur during construction, which can lead to cost and time overruns. Although concessionaires try to hedge these risks by taking security packages from their contractors and sub-concessionaires, the problem with this approach is the timing. For instance, in most cases, one becomes aware of a technical issue only when the impact of the issue may have consumed a good portion of the security package.
The best way to tackle such risks in Greenfield projects is to focus more on immediate security than freezing those for future. Some of the effective measures to manage this risk are to have wide supervision capability of the works during construction and to have termination clauses negotiated in a way that will not put the project at risk in case of construction delay or technical challenge, and that will give enough room for investors to cure before it is too late (e.g. incrementing resources to the works, penalizing the EPC contractor for any delay, even within the longstop date).
One more risk which is personally very close to my interest is “points of friction” when it comes to risk allocation. As everyone is aware that at the heart of every PPP transaction is the allocation of risks between the public and private partners. Hence, the risks should be fairly and justly distributed between the partners. A lot of background work is already undergoing at the Government’s level to fill in these gaps.
You’ve amassed a wealth of experience over 15 years in the legal field. What motivated you to pursue a Master’s in Business Law at this stage of your career, and how has it enriched your professional perspective?
It was the course structure and content which caught my attention. All the legal themes forming part of this course are more than relevant to my day-to-day scope of activities such as Contracts, IPR, Investment and Environmental Law, Taxation and Banking. I was longing to learn better and came across this course at the right time. It definitely equips those who sign up for it better, with deeper insight into legal issues that may impact / affect their daily work.
You’ve been involved in significant corporate restructuring, including the strategic sale of Amplus to Petronas. What key legal considerations come into play during such transactions, and how do you ensure a smooth legal transition for all parties involved?
I believe a good hold on the regulatory framework surrounding such transactions is a must. For example: it needs to be ascertained if the deal is possible under the Competition law, FEMA (in case foreign elements are involved), SEBI (primarily for listed companies involved) etc., as a first step. Regulatory framework and all permissions required therein are extremely significant and can make or break a deal since the cost of some regulatory approvals may drastically affect the commercial viability of such transactions. Moreover, overlooking a necessary approval could render the resulting deal void or voidable, nullifying the efforts of the parties.
Thorough diligence is equally important where depending on what it reveals, the buyer can negotiate on reduction of the price or constrain the target to provide more robust warranties etc. in order for the deal to continue.
Compliance is another very critical area. The licensing requirements, approval status etc. play a key role in deciding the fate of the deal and definitely the pricing. Nature of the ongoing or potential litigations, terms and conditions of the lending contracts etc. are another area of importance which covers the lawyer’s scope in such transactions.
Open communication channels amongst all parties involved, including employees, customers, suppliers, and investors; assertiveness when it comes to seeking critical information and asking tough questions; solution-oriented approach to resolve deadlocks and uncomfortable situations; and meticulous integration planning which is the backbone of a successful acclimatisation are some of the key traits to ensure a seamless transition in case of any corporate restructuring.
Your career has shifted from being focused on personal milestones to leaving a lasting legacy. Could you elaborate on this change in perspective and share your thoughts on the impact a professional can have beyond projects and numbers?
Well, I think “legacy” is a big word when it comes to my career trajectory. I am far away from that but yes, I do aspire to and take each steps towards achieving a reputation where people remember me as a lawyer of an “indomitable character and integrity” and not just for working on a few good projects and saving an X amount of money for a company. Further, I focus on simplifying the complex. Being an in house I mostly deal with non-legal stakeholders on a daily basis who neither know nor are interested in knowing the legalese. Translating the complexities of law in simple and practical language for them requires tutoring myself as a student on a daily basis when it comes to articulating my thought process. As a result, I get approached with a conviction that things will get addressed.
A legal professional, at least during the initial stages of his/her career, shall focus more on intellectual growth (as the requirement to be educated on current developments that affect the law is a must) and clarity of mind (as it gets trained due to constant thinking of how to apply a law to an apt situation) more than designations and monetary compensation. This profession is one of the few noble ones which helps one develop an overall personality and at the same time provides an opportunity to shape up the society as well. One should leverage that to the fullest extent possible. That will help them leave a lasting legacy.
Beyond your professional accomplishments, what are your personal interests or hobbies that bring balance to your life outside of the legal realm? How do you unwind from the demands of a challenging and dynamic legal career?
By focusing on the objective. The work has to be done and no matter how much the pressure is, if one solely focuses on how to get it implemented, it becomes easier to deal with it and avoid the politics around it.
Also, in order to avoid the negative effects of chronic stress and burnout, I disconnect myself from work and take some time off to replenish and return to the pre-stress level of functioning. This recovery process requires “switching off” from work by having periods of time when I neither engage in work-related activities, nor think about work.
Work-life balance is very important for me, and it would not have been possible without my extremely supporting family. They have been with me through thick and thin and an integral part of my journey!! Hence, I try to do whatever I can to squeeze out as much time for them as possible, such as I try to finish a lot of work on my commute so that I can save a few hours there and be at home in time to spend some quality time with them. Additionally, I take a few days off every 4 to 5 months to spend some time exclusively with family.
It would not be fair if I don’t give due credit to some of my very supportive colleagues. Good colleagues and a supportive team are an asset. They will take care of you when you are down or not on the best days at work. So such support functions are a direct blessing from God !! Take my word on it!! 😊
My leisure time gets consumed in reading books, watching a good movie / documentary and my perpetual stressbuster is discussing politics. I really enjoy having a good conversation around how the geo-political landscape is turning out to be.
I ensure that I take one hour at least everyday when I only introspect, listen to music and read an article/book.
As someone who has worked internationally and dealt with compliance on a global scale, how do you stay updated on the ever-evolving legal landscape, and what advice do you have for legal professionals aiming for a global perspective in their careers?
To be updated about the latest legal developments and on a real time basis is not just a choice; it’s a necessity. I try to stay informed with the timely updates with help of professional networks, relevant law firm practice group newsletters/updates that I have signed up for (i.e. the firms regularly provide guidance on legislative and regulatory changes), and by following relevant industry experts, law firms, and other thought leaders on LinkedIn who focuses on regulatory updates and compliance matters. Invest in your knowledge by participating in seminars, conferences, or web-based training sessions that offer guidance on the implementation of new regulations. Alternatively, review professional summaries to ensure you understand key aspects like involved parties, prerequisites, due dates, and penalties. Knowledge is the cornerstone of compliance.
For those who are aiming high, I would like to make one thing very clear that there are no clear rules of how to operate in the legal industry. On the other hand, unwritten rules are plenty in number! In order to achieve a global reach it is very important to have a global mindset to start with. By global mindset I don’t mean being able to do things but more about the ability to understand the complexities and nuances of global legal frameworks and environment, for eg., to follow, extract and adapt the best practices from other geographies, to be able to understand and tab on the trade-offs between local requirements and global standardisation.
Sir, could you please share with us the journey that led you to pursue a career in law, particularly focusing on your transition from academia and Sports Management to becoming an Advocate in the Supreme Court of India ?
My journey toward a career in law, particularly my transition from academia and sports management to becoming an advocate in the Supreme Court of India, is rooted in a pursuit of justice and a refusal to succumb to bureaucratic injustices. The pivotal force behind this shift was my late wife, Smt. Mrinal Amaresh. She began her career as an Advocate in the High Court of Madhya Pradesh, Gwalior, and eventually became a leading female advocate in Gwalior. She encouraged me to challenge the discriminatory practices I faced in academia.
Having completed my Masters at the Lakshmibai National Institute of Physical Education (LNIPE), Gwalior, I joined as a Research Assistant in 1984. Despite sincere dedication, I faced neglect in promotions due to the lack of political connections. Frustrated by the injustice, my wife suggested pursuing a law course to challenge the system. We sought advice from legal stalwarts, including Shri R.C. Lahoty and Shri Arun Mishra, who advised me to focus on the principle of “equal pay for equal work.
In 1988, Shri Arun Mishra filed a writ petition on my behalf, challenging the unjust selection process. The High Court of Madhya Pradesh, in 1990, ruled in my favor, directing my appointment as a Lecturer from December 1, 1987. However, the government, instead of complying, terminated my services, leading to further legal battles. Shri R.K. Jain defended me in the Supreme Court, where the SLP filed by the authorities was eventually dismissed.
In 1998, the Central Administrative Tribunal directed LNIPE and Sports Authority of India to consider my appointment as a Lecturer without open competition. Despite this, the authorities attempted to evade the order, leading to contempt petitions. Shri R.K. Jain’s guidance was crucial during these legal battles, culminating in my reinstatement in July 1999 with all consequential benefits.
Following my reinstatement, I assumed dual responsibilities at LNIPE, showcasing my proficiency in both sports sciences and law. The then Cabinet Minister, Sadhvi Uma Bharti, entrusted me with the task of reviewing and negotiating settlement for numerous cases against LNIPE. I successfully settled over 91 cases out of court, demonstrating the effectiveness of alternative dispute resolution.
Throughout this journey, my mentors, including my late wife, Shri Arun Kumar Mishra, and Shri R.K. Jain played pivotal roles in guiding and motivating me. Their mentorship and support were instrumental in shaping my career trajectory from academia and sports management to advocacy in the Supreme Court of India.
You’ve had a diverse range of experiences, from serving as an academician in Sports Management to practicing law. How have these different roles influenced your approach to legal consultancy, especially in the realms of Sports Law and Academic Institutions?
Over the course of my career, I have had the privilege of engaging in a diverse array of roles, ranging from academia in Sports Management to actively practicing law. This multifaceted journey has significantly shaped my approach to legal consultancy, particularly within the dynamic intersections of Sports Law and Academic Institutions.
As a sports enthusiast and a legal scholar, my passion for researching sports laws has been a driving force, especially in my capacity to handle legal matters for various institutes, sports players, and governing authorities. Initially, my understanding of sports law was limited to the regulations directly influencing the gameplay. However, a pivotal moment in my exploration was the realization, through interaction with experts such as those at the International Sports Law Centers of the TMC Asser International Law Institute in The Hague, that sports laws extend far beyond mere rules of play.
I attended the 2nd Workshop of the Court of Arbitration for Sports organised jointly by FIFA and the Swiss Bar Association in Lausanne, Switzerland. There, I found two hundred and ten Sports Lawyers from around the world. They all were either players or Olympians turned to Sports Lawyers. Similarly, while attending the 16th World Congress of Sports Law at Seoul, South Korea, there were 25 Chinese Sports Lawyers in attendance. To my surprise, all of them were former sports players and Sports Teachers in Colleges, Universities and Schools and then turned to Sports Law. With Physical Education and Sports qualifications for high level Sports Participation, like Olympic or International Sports, you can experience the requirement of Sports Persons and Sports disputes.
Broadly speaking, the realm of sports law encompasses a spectrum of legal facets, including trademarks, sex discrimination, tax issues, criminal matters, player selection, employment issues, marketing strategies, doping disputes, and various other aspects relating to sports governance and athletes’ rights. The breadth of topics spans contracts related to sports events, player associations, and clubs, intellectual property rights, broadcasting rights, tort laws, and the expeditious resolution of sports disputes—a critical consideration given the relatively short peak performance span of players and athletes.
In the context of India, where I have primarily operated, it’s noteworthy that most sports-related disputes find their way to traditional courts, resulting in prolonged resolution times. This protracted legal process can inadvertently diminish the essence and spirit of sports, a concern that underscores the importance of seeking quicker and more efficient methods of dispute resolution within the realm of sports law.
Could you tell us about a significant case or project you’ve worked on that stands out to you the most in your career, whether it’s in the field of Constitutional law, Sports Disputes, or Educational Consultancy ?
Undoubtedly, the Madhya Pradesh Triathlon Association case marked a watershed moment in my legal career, showcasing my proficiency in navigating complex legal landscapes. The Supreme Court’s directive, emphasizing structured dispute resolution mechanisms within sports federations, not only underscored my involvement in high-stakes cases but also highlighted my commitment to upholding the integrity of sports governance.
Similarly, my contribution to the intervention application in the matter involving Kalyan Chaubey showcased my dedication to ensuring fair play and transparency in sporting organizations. By advocating for the lifting of the stay on the All India Football Federation’s elections, the court’s decision set a precedent for restoring democratic processes within sports bodies after an extended hiatus.
In the realm of legal innovation, I played a key role in shaping the Code for Sports Arbitration for the Indian Olympic Association in 2012. Responding to a call from Dr. Randhir Singh, the Secretary-General at the time, this initiative demonstrated my forward-thinking approach to address challenges within the National Olympic Movement. The subsequent adoption of the code in 2018 reflected not only legal acumen but also a commitment to international standards of sports governance.
These experiences collectively underscore my versatility and effectiveness in handling diverse legal challenges within the dynamic field of sports law.
These are just a fraction of the broader spectrum of legal complexities I’ve encountered and successfully managed in the field of sports law and constitutional matters. My diverse portfolio includes cases for Universities, student unions and teachers handling a myriad of cases, each presenting unique nuances and demanding a tailored legal approach. This breadth of experience has not only honed my legal skills but has also equipped me with a comprehensive understanding of the intricacies inherent in sports-related disputes.
Your involvement with various International Sports Law Organizations and Institutions is quite impressive. How have these Global Experiences shaped your perspective on Sports Law, especially in the context of Indian Regulations and Practices ?
Absolutely, my engagement with various International Sports Law Organizations has been a transformative journey that significantly impacted my understanding of Sports Law, particularly in the context of Indian regulations and practices. One pivotal opportunity arose in 2010 when Dr. Randhir Singh, the Secretary of the Indian Olympic Association, entrusted me to represent the association at the 2nd Workshop on “CAS Jurisprudence and New Developments in International Sports Law” organized by the Court of Arbitration (CAS) and the Swiss Bar Association in collaboration with FIFA in Lausanne, Switzerland.
Attending this workshop was an eye-opener as I interacted with 223 advocates, including eminent sports personalities and graduates in Sports Sciences or Physical Education from Member National Olympic Committees. Exploring the library of the International Olympic Committee, I discovered that the Statutes of the Court of Arbitration for Sports (CAS) were ratified by the International Olympic Committee in India in 1983.
As a legal advisor to numerous Educational Institutions and Sports Organizations, what are some common challenges you’ve encountered, and how do you navigate them effectively ?
Challenges and negativity serve as the roadmap to success in life. We must transform these challenges and negative experiences into opportunities. As the challenges during the coronavirus pandemic have taught the human beings a lot. Due to the challenges faced during the coronavirus pandemic, the judiciary has developed a new mode of filing cases, arguing the matters, and judgments being uploaded online meaning thereby there has been a complete digitization of the Judiciary. I was persuaded for a long time when I had an opportunity to visit the International Court of Justice at the Hague in the year 2010. But this has now become practical after 2020.
Similarly, the challenges and negativity in my life, both as an individual and as the legal advisor of numerous educational institutions, have been encountered and effectively shaped. Especially noteworthy is the constant advocacy for the cause of the national language Hindi in my alma mater by way of Legal Activist through a PIL before the Madhya Pradesh High Court referred to as, “AIR 1997 MP:43 Dr. Amaresh Kumar Vs. Lakshmibai National College of Physical Education” now is being advocated by the Prime Minister of India Shri Narendra Modi and Chief Justice of India Shri D.Y. Chandrachud in their Speeches and Practice in various High Courts and Supreme Court of India. Whereas, on 29th October, 2018, I was invited to present my advice and suggestions related to, “Strengthening the Justice Delivery Process before the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice” headed by Shri Bhupendra Yadav, M.P. Rajya Sabha comprised of 31 Members of Parliament of both the houses, where I have suggested followings :
(i). I suggested that all hearings should be video recorded, a practice that has been initiated due to the coronavirus pandemic. The Hon’ble Chief Justice of India is now giving more weightage to the digitization of the court.
(ii). I suggested the selection and promotion of Judges after the Training of Judges/Judicial Officers – which has been started for the Judges as well as for the Advocates
(iii). The language of courts shall be allowed to file, plead, and argue in their National Language Hindi. – This has been supported by the Prime Minister of Bharat, Shri Narendra Modi during the Conferences of the Chief Justices of the High Courts and Chief Ministers of the States and also during the Dimond Jubilee celebration of the Supreme Court. The Chief Justice Hon’ble Mr. Justice D.Y. Chandrachud has also bated the need to teach Law in Hindi. Speaking at Prayagraj, UP, after inaugurating the maiden academic session of Dr Rajendra Prasad National Law University (RPNLU), Prayagraj, UP, the CJI said, “I appeal to the authorities of the National Law University here at Prayagraj to ensure that the medium of instruction takes place in Hindi, so that the best students from Uttar Pradesh will become the best lawyers that will practice in the high court. I am therefore of firm belief that as in other countries like Russia, Germany and France etc. language of the Courts is of their National Language. In the Amrit Kal of the Swatantra Bharat the Language of the Indian Courts and especially the Supreme Court will be of our National Language. Because nowadays translator machines can be used by Judges who do not understand Hindi in their regional languages.
(iv). I suggested that there are no relevancies of the so many Tribunals in the Judiciary systems without there being the Judicial Members. – The Supreme Court of India comprising of the Hon’ble Mr. Justice Surya Kant, Hon’ble Mr. Justice Dipankar Datta and Hon’ble Mr. Justice K.V.Viswathan had advocated for the presence of Judiciary Members in the Tribunals and the Government is also trying to cut short the numbers of the Tribunals.
(v). I also suggested the development of ICT support for filing of Petition/Plaint, Summon or issue of Notices to other Parties, Recording of Evidence and Arguments during the Arguments for easy and quick access to the Justice System by the Clients. – The Government and the Chief Justice of India are also of the same view now.
(vi). Strengthening Legal AID system and Promoting Alternate Dispute Redressal Mechanism – The Hon’ble Chief Justice of India, the Judges of the various High Courts of India are nowadays putting more stress on the ADR System. Even the Government of India has enacted the Mediation Act, 2023, for advocating the ADR for the Resolution of Disputes. The same will also be encouraged by the AMAMRI Lawyers LL.P. for evolving the ADR in the Resolution of the Sports Related Disputes in Bharat. Which can be availed by Athletes, Sports Persons, Sports Organizations, National Sports Federations, State Olympic Associations, Indian Olympic Association and Sports Business Organizations.
You’ve authored several books and publications on Sports Law and related subjects. Could you highlight some key insights or principles that you believe are crucial for understanding the intersection of the law of Sports ?
Throughout the process of crafting authoritative works on Sports Law and related subjects, my overarching goal was to disseminate a profound understanding of the multifaceted legal landscape to a diverse spectrum of stakeholders. This includes athletes, sports entities, such as sports organizations, national sports federations, state Olympic associations, the Indian Olympic Association, and businesses operating within the sports industry. These publications intricately explore a myriad of legal dimensions governing sports within the Indian context, providing a comprehensive overview encompassing the management and organization of sporting events.
One of the primary focuses has been to enlighten athletes and sports organizations about the inherent challenges posed by doping and to instill a vigilant approach against the use of prohibited substances. The works also serve a crucial role in educating individuals on the intricacies of contesting doping charges, particularly those initiated by the National Anti-Doping Agency (NADA). It is noteworthy that these publications address the perceived gaps in NADA’s efforts to adequately inform Indian athletes about the potential legal ramifications associated with doping charges.
In essence, the books aim to act as a beacon of knowledge, empowering individuals within the sports community to navigate the complex legal landscape effectively. By offering comprehensive insights into the legal intricacies of sports, these publications stand as valuable resources for those seeking a nuanced understanding of the legal dimensions governing the dynamic and evolving field of sports law.
Throughout your extensive career, you’ve actively engaged in social-legal activism, championing causes like advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals. How do you manage to strike a balance between your professional legal work and these broader societal initiatives?
I perceive myself more as a nationalist than merely a professional advocate. I’ve always believed in the importance of contributing to broader societal issues alongside my professional legal work. Advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals are causes that align with my values and passion for social-legal activism.
To strike a balance between my professional legal work and these societal initiatives, I prioritize effective time management and organizational skills. I allocate specific time slots in my schedule dedicated to these causes, ensuring that my professional commitments are not compromised. Having an organization AMAMRI LAWYERS with like-minded peoples helps me to pursue my desires of social activism allowing for a more efficient and impactful approach.
Furthermore, I integrate aspects of social-legal activism into my professional work wherever possible. This synergy not only allows me to address societal issues but also enhances the relevance and effectiveness of my legal contributions.
In summary, balancing professional legal work and social-legal activism requires meticulous planning, collaboration, and a strategic integration of these two aspects to create a harmonious and impactful approach.
As someone who has transitioned between Academia, legal practice and Advocacy, What advice would you offer to law graduates who are just starting their careers, particularly those interested in specializing in Sports Law or pursuing similar interdisciplinary paths?
The young advocates aspiring to specialize in Sports Law are embarking on a promising journey within the legal field. Throughout human history, sports have been an integral part of our lives, evolving from personal entertainment to a global industry valued at over $486.61 billion USD in 2022. Projections indicate further growth, with expectations reaching $512.14 billion USD by the end of 2023 and $623.63 billion USD by 2027. The sports industry, one of the largest revenue-generating sectors globally, is poised for even more rapid expansion, fueled by the Internet and other media forms. In India, the sports industry witnessed a remarkable 49% growth in 2022, totaling Rs 14,209 crore, with sponsorships increasing by an impressive 105% to reach Rs 5,907 crore, according to the Financial Express Report. With the industry’s pervasive global presence and worth billions of dollars, it naturally gives rise to disputes, leading to the establishment and evolution of sports law as an independent discipline. My advice to law graduates is to embrace this dynamic field, recognizing the immense opportunities it presents and positioning themselves strategically to contribute effectively to the resolution of legal challenges in the ever-expanding realm of Sports Law.
Starting your career as a first-generation lawyer, can you share a bit about your journey and what inspired you to pursue law as a profession?
My fascination with the legal profession stemmed not from its prestige or the challenges it posed, but from the unique chance it gave me to explore the complexities of various businesses and industries. Each case was a new puzzle, and every law was a gateway to understanding a different aspect of the world through a legal perspective. Embarking on this path as a first-generation lawyer was both thrilling and intimidating. With no precedents in my family to guide me, I relied on my determination and adaptability to overcome academic and professional obstacles. The journey was tough, yet rewarding, as every legal concept I understood and every case study I examined deepened my knowledge and love for the law.
Along the way, I was fortunate to encounter some of the most supportive and insightful lawyers in the field. Their willingness to share knowledge, encourage my pursuits, and guide me through the legal landscape was invaluable. Their mentorship not only inspired me but also highlighted the importance of community within our profession. It taught me that success in law is not just about individual achievements but also about working together and lifting each other. This sense of belonging and mutual support has been a fundamental part of my journey.
As a co-founder of Alagh & Kapoor Law Offices, what unique approach do you bring to providing legal solutions for companies, and how do you deal with legal hurdles strategically?
At Alagh & Kapoor Law Offices, our distinctive approach is deeply rooted in a partner-focused model, where each client’s case is meticulously overseen by a partner. This method goes beyond merely addressing the issue at hand; we immerse ourselves in understanding the entirety of our client’s business. This comprehensive insight allows us to devise strategies that are not only tailored to solve immediate legal challenges but are also aligned with the broader business objectives of our clients. By integrating this deep business understanding with our legal expertise, we ensure that our solutions are both effective in the present and beneficial for the client’s future, enabling them to navigate their industry’s complexities with greater confidence and legal foresight.
You’ve worked with top law firms in India before co-founding your practice. How has this experience enriched your legal perspective, and what lessons did you carry into your own law office?
Working with top law firms in India prior to co-founding Alagh & Kapoor Law Offices has been an invaluable part of my professional journey, significantly enriching my legal perspective. One of the key lessons I’ve brought into our practice is the importance of transparent and comprehensive communication with our clients. We’ve adopted a unique approach of updating our clients through recording emails, which detail the entire proceedings before a court. This method has been particularly appreciated by our clients, as it ensures they are well-informed and engaged with the progress of their cases.
Additionally, my tenure at these esteemed firms instilled in me the ability to perform under high-pressure situations. This skill has been instrumental in shaping the ethos of our own law office, where we emphasize resilience, adaptability, and the capacity to deliver exceptional legal services, even under the most demanding circumstances. These experiences have not only enriched my legal perspective but have also been pivotal in defining the values and operational excellence of Alagh & Kapoor Law Offices.
Being empanelled with prestigious organizations like South Delhi Municipal Corporation and NBCC, how do these affiliations contribute to the breadth and depth of your legal practice?
Being empanelled with prestigious organizations like the South Delhi Municipal Corporation and NBCC has significantly enhanced the scope and depth of our legal practice. These empanelments have not only broadened our exposure to a variety of legal matters but have also been instrumental in building a strong reputation in various courts. Regular appearances in court, as a result of these affiliations, have allowed me to develop a familiarity with different benches. This familiarity is crucial as it fosters a level of trust and understanding; judges tend to recognize and appreciate lawyers who are consistently present and demonstrate a commitment to their profession. It’s important to note that this recognition is not about bias but rather about the confidence that comes from seeing a lawyer’s consistent performance and understanding of legal nuances over time. These opportunities have thus been pivotal in enhancing our credibility and expertise, allowing us to serve our clients more effectively and contribute meaningfully to the legal community.
Your legal practice encompasses diverse areas, including technology law, insolvency, and debt recovery. How do you navigate the unique challenges and nuances of each domain, and what skills do you find most crucial in maintaining proficiency across such varied legal landscapes?
Navigating the diverse realms of technology law, insolvency, and debt recovery requires a dynamic and informed approach, emphasizing the importance of staying current with the latest laws and judgments. In my practice, a strong focus on research and continuous learning is paramount, as these enable me to understand the intricacies of each domain thoroughly. Beyond diligent research, attending seminars, workshops, and conferences plays a crucial role in my professional development, offering fresh insights and perspectives on evolving legal issues. Networking with fellow lawyers and industry professionals further enriches my understanding and approach, allowing me to exchange ideas and strategies that enhance my proficiency. This combination of ongoing education, active engagement in the legal community, and a commitment to thorough research equip me to navigate the unique challenges of these varied legal landscapes effectively, ensuring I can provide high-quality legal services to my clients.
Internships play a crucial role in a young lawyer’s development. How does Alagh & Kapoor Law Offices engage with interns, and what opportunities do you provide for them to gain practical experience and exposure within the firm?
At Alagh & Kapoor Law Offices, we deeply value the role of internships in shaping the future of young lawyers. Being a boutique law firm, we offer a unique advantage for interns to engage directly with partners, fostering an environment where they feel comfortable seeking clarifications and engaging in meaningful discussions. Our approachability ensures that interns are not just observers but active participants in the legal process. We maintain a vibrant office culture, including social events that interns are encouraged to join, further integrating them into our team. Interns are considered an integral part of our office, held accountable for their contributions and encouraged to grow professionally. To facilitate this growth, we require interns to present on a topic they’ve worked on during their internship, allowing them to refine their research, analysis, and presentation skills. This hands-on experience, combined with our supportive and inclusive environment, equips interns with practical skills and exposure, preparing them for successful careers in law.
Beyond your thriving legal career, what activities or hobbies do you enjoy in your free time? How do you unwind and find balance outside the courtroom?
Beyond the courtroom and legal documents, I find solace and balance in the world of cinema, music, and open roads. As an avid movie enthusiast, I rarely miss any film, often spending my weekends catching a late-night show. This passion for movies offers a delightful way to recharge. Along with my love for movies, music is also a big part of my life. I often play the guitar to relax and find peace in the middle of my busy work as a lawyer. Additionally, I have a profound love for driving, though I steer clear of Delhi’s traffic. During court vacations, I’ve embarked on drives to Leh and Ladakh, Manali, and other serene hill stations. These hobbies not only help me unwind but also keep me connected to the creative and adventurous aspects of life, providing a harmonious balance to the rigor of law.
Given your diverse practice areas, including criminal law, insolvency, and consumer law, what advice would you give to law students and young lawyers looking to build a versatile legal career like yours?
For law students and young lawyers aspiring to build a versatile legal career, I’d suggest embracing the unique journey that lies ahead with patience and perseverance. Understand that law school is not just about academics; it’s a golden opportunity to forge connections that can last a lifetime. Internships offer a practical glimpse into the legal profession, so seize them to gain as much real-world experience as possible. Give yourself time to explore and immerse in various fields of law during the initial 5-7 years of your career before deciding to specialize, if at all. Remember, patience is key—there are no shortcuts, and there’s no substitute for hard work. It’s about finding what resonates with you and leveraging that to carve out your niche, ensuring a fulfilling and successful career in law.
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