Can you please share the journey of how you ended up specializing in Insolvency and Restructuring practice, considering your educational background in Constitutional and Criminal Law?
I always had a keen interest in Business, Economics, Finance and Commerce. I started my education with a B.Com (H) from Lady Shriram College, Delhi University and followed it up with LLB from Delhi University itself. While I had delved into Constitutional and Criminal Law for my Masters, my interest continued towards how law affects the economics of businesses and country as a whole, my post-graduation further strengthened my research and interpretation skills. The Insolvency Law in India has taken a rebirth in the year 2016 and post completion of my Masters, the newly enacted Insolvency & Bankruptcy Code, 2016 proved just to be the perfect practice area for me. IBC is one of its kind laws in India, more of a revolution. As I had already groomed myself on how to focus on a specific domain of law, specialising in Insolvency was only a path to be chosen. What really intrigued me about the Code, was how the law was laid from scratch with no baggage or burden of its previous laws and limited subject jurisprudence as well, I had the freedom to explore the various facets of law in light of statutory interpretation, legislative intent and judicial outlook. Also, lastly, I feel that building a practice in such a new law with hardly any precedents, skills developed in my Masters in Law from NLU – Delhi did help a lot.
What would you say has been the most challenging case you’ve encountered, and how did you navigate through it?
Perhaps, every case brings with its own challenges, expectations, anticipations, and anxiety. To be honest, I am not a litigation practitioner, however, as a subject matter expert, we do participate in devising legal strategies. Sometimes the matters are at a very nascent stage where we get ample time for a 360-degree evaluation and then there are those cases where you have to prepare your front-facing team members for split second decisions. Each case brings with it its own experiences and learnings. If you have to ask me the most challenging case, mentioning one would be too unjust for the others, for reasons unknown to me so far, we are more often than not engaged in very typical particular matters only!
As a member of INSOL International, you’ve been part of various national and international forums. Could you tell us about a specific instance where you felt your participation made a significant impact or contribution to the discussions on Insolvency, Banking, and Corporate Affairs?
I have been very privileged to have been a part of discussions on law. What started as a resource person for law colleges, went onto being called for forums of policy discussions. Initially, it was more of an academic role with me professing how IBC works to law students. I also am actively involved as an industry resource for the Graduate Insolvency Programme at the Indian Institute of Corporate Affairs. Some time back, I was invited by State Bank of India as a part of a training session of its Law Officers on IBC and its inter-relations with the Banking sector. In one of my most memorable discussions, a global conference held on Insolvency in December 2020 where I discussed the future of IBC, especially in the post CoVid era. Lately, I have been involved in policy discussions at ASSOCHAM.
Your professional journey involves managing a team, devising legal strategies, and handling financial planning. How do you balance the legal and managerial aspects of your role, and what advice do you have for aspiring legal professionals aiming to take on leadership positions?
When you transition from a technical or a professional role to a management role, there is a high probability of dilution of your technical skills. For me, it came as a matter of no choice to be honest to you. If I look back, I feel it was also my interest which motivated me to assume responsibilities of Management. As I mentioned earlier, I am really passionate about the Insolvency Law and the Management responsibilities are an additional charge for me. Luckily, I am able to devote time on Practice as well besides the Management, I feel it helps me in my continuous growth and evolution. What has helped me throughout has been a very supportive team. I have also learnt a lot from attending short term Management courses as well as reading Management books.
My advice for aspiring legal professionals is to actively participate in various functions at their organisations such as client interviews, research, events, team management, etc. A sense of belonging towards your organisation, zeal to constantly learn and grow, participation in team meetings, events, etc., the leadership journey requires perseverance and persistence and there are countless minor unnoticeable steps which you have to climb to reach that leadership level. But not to miss out, invariable, leadership is a crown of thorns.
Given your involvement in numerous workshops for legal officials of PSBs, including SBI, what key insights or lessons have you gained from these sessions that you think are crucial for professionals in the field of Insolvency and Banking?
What I feel today’s times call for super-specialisation in any domain. In our interactions with officials of PSBs, what I have felt is lacking is perhaps being too overburdened with Managerial roles that professionals with such roles fall short of time for upscaling themselves on the subject. A law such as Insolvency is a very fast paced one. Not just the process, but the judicial pronouncements, policies, regulations and rules are almost updated every few days. I feel adequate time has to be devoted by every professional towards keeping himself/ herself updated on the latest developments of law.
You’ve been recognized as a Rising Star in 2021 by Legal Era. What do you believe are the key attributes that contributed to this recognition, and how do you continue to stay at the forefront of your field?
I am not sure I can ever have an answer for that. I believe in simply delivering my responsibilities towards the best of my abilities regularly. However, if I have to answer that, I can only repeat that I push to keep myself updated on the law and the industry. What may have also worked for me is a complete client – centric approach which helps me start with the end in mind when I am assigned with any case, opinion or draft by our clients.
In addition to your legal practice, you’ve authored several publications and columns. How do you manage to balance your role as a practicing advocate with your commitments as a columnist and resource person for various platforms?
Balance is my life’s driving motto. I feel each role contributes to your overall growth and helps in your evolution, if performed with full dedication. I will give you an example here. For me, every column and publication gives me an opportunity to read in-depth on a particular proposition which I may not have in our daily professional commercially driven responsibilities. Likewise, every event where I participate as a speaker or a Resource Person, I read through comprehensively to ensure consistency and correctness. In a lot of our research reports, I get an opportunity to gain knowledge from a vantage point. So, you can say, every event, every publication or column also betters me and assists me in delivering my responsibilities as a practising advocate better. Also, it keeps the monotony at bay!!!!
As someone who has been actively involved in legal education, what advice would you give to fresh law graduates entering the field today, particularly those interested in Insolvency and Restructuring?
Though I feel it is still early days for me in this profession, still if I have to advise, I will only recommend law graduates to read a lot. As they say, there is no shortcut to success, likewise as much I promote advancement in technology and its use in the field of law as well, however, for a professional, responsibility is magnanimous. In the legal profession, we use our knowledge and skills for our clients at times, as officers of courts at others and for the public as a whole as well. Every judgment I have read through as a whole has helped me learn a lot more than giving me a solution for the matter at hand. Barring those who perhaps prepare for judiciary services, I find few actually even going through the entire statutes. Blogs and tools like ChatGPT can offer quick solutions when there is dearth of time, however, in early years, I would just advise young law graduates to read as much as they can. Lastly, I would say that in the initial years of your career, try to gain as much knowledge as possible and try to strengthen an overall understanding of how law works and over the years, choose a specific domain of law and build expertise in it.
Sir, could you please share your journey of becoming a legal practitioner, from your education at the University of Aberdeen to your current position as a partner at Neupane Law Associates?
Like every other lawyer, my journey of becoming a legal practitioner began during my law school. The most helpful experience I had was volunteering as an advisor at the Citizens Advice Scotland. We advised mostly low-income clientele legal matters relating to debt, bankruptcy, consumer, landlord, family problems, etc. Clients in difficult situations needed quick and effective legal help. There I learnt you had to focus on reaching an effective solution for the clients quickly. This learning has stayed with me until now.
At law school, my interest was in commercial law and I enjoyed my elective courses in corporate finance law, corporate insolvency law, and tax law very much.
After graduating, I worked for around 2 years with a renowned senior advocate with extensive tax and commercial practice in Kathmandu. There I gained first-hand experience of Nepali contract, tax, and company laws. I also gained exposure to construction law and arbitration matters.
There were not many lawyers with good international exposure and English language skills in Nepal at the time. Commercial law practice was very small and focused mostly on compliance. Nepal was also recovering from a decade long insurgency and foreign investors were slowly returning back. Due to the market scenario at the time, I started getting contract drafting and foreign investment related matters through my personal contacts and references from other lawyers. Thereafter, I started with my current firm Neupane Law Associates serving my own clients. Currently, we are established as a go-to law firm for corporate and commercial matters in Nepal. Our firm’s practice is ranked Band-1 by Chambers and Tier-1 by Legal 500 in Nepal for a number of years now.
As a leading legal practitioner in Nepal, specializing in corporate, finance, cross-border transactions, and dispute resolution, could you highlight a particularly challenging case or project you’ve worked on recently and share the key strategies you employed?
Nepal is a challenging jurisdiction to work in due to vaguely drafted laws and bureaucratic unpredictability. Our approach is to strictly follow the law, while not being afraid to create new market practices. A rewarding experience for me early on in my career was to advise a consortium of foreign and local lenders as local counsel in the first international project finance transaction in over 20 years for Lower Solu Hydropower Project. Bridging the gap between best international practices and Nepali law was challenging. It created a market precedent that set a practice in other similar transactions. Another highlight of my career has been working as a tax and corporate law expert appointed by the Government of Nepal in the ICSID arbitration filed by Axiata. It was the largest legal dispute in Nepal’s history. It was also a learning experience to see leading international lawyers in action.
Our team has been working in various shareholder and construction disputes currently. They are naturally challenging and complex. In my view, a good lawyer should have the ability to simplify even the most complex issues. Being solution oriented and getting in-depth into the facts of the case are key strategies we employ.
Your expertise spans a wide range of areas such as arbitration, litigation, banking, finance, and M&A. How do you stay updated on the evolving legal landscape in Nepal, especially considering the complexities of cross-border transactions?
Being a transaction and disputes lawyer at the same time is very challenging from a time and knowledge management practice. However, I have found that these practice areas complement each other. I have found that the knowledge and experience gained in transactions can be used during litigation and vice versa. Being a small jurisdiction, many aspects of Nepalese commercial law jurisprudence are still unsettled. Therefore, taking inspiration from what is happening in other jurisdictions is important. Reading good international books and participating in international conferences and seminars has been very helpful in staying updated.
Given your involvement in advising world-renowned companies, including Texmaco, IFC, and Alibaba Group, can you share any unique challenges you’ve encountered while facilitating cross-border transactions between Indian companies and Nepal?
The challenge in Nepal is vaguely drafted laws, unpredictability of government agencies, and lack of established market practice for new and complex transactions. Oftentimes the Nepalese counterparts are also not assisted by an experienced commercial lawyer. Some international clients do not engage a Nepali lawyer at an early stage of the transactions but only do so later. When the client has not taken advice at an early stage, the transaction structure may have to be changed at the documentation stage which becomes a problem and causes delay. Enforceability of Indian seated arbitral awards in Nepal and vice versa has also come up recently as a new challenge due to a recent Supreme Court ruling in the Sangi Brothers case.
You’ve been recognized for your excellent knowledge of Nepali commercial and contractual law. How do you balance staying rooted in local legal nuances while also navigating the complexities of international law, especially in the context of your cross-border transactions?
As a lawyer advising in international matters, I find that you are required to have a good command in both Nepali law and law practices internationally. In-depth recognition of the similarities and differences in the laws of Nepal and of other jurisdictions is key to our legal practice. Like I mentioned earlier, I read good international books and exchange views with lawyers in other jurisdictions to balance these aspects.
Your recent work includes advising on equity investments in hydropower projects and various financings. What trends do you observe in the current landscape of foreign investments in Nepal, particularly in the energy sector?
Equity investments and financings in the hydropower sector for foreign clients have recently been challenging as Nepal has not signed power purchase agreements in US dollars and there is a lot of uncertainty about how to hedge currency risk. The Government of Nepal has come up with various hedging guidelines and regulations, however, foreign investors are yet to be convinced. Also, getting a bankable risk allocation in power purchase agreements and concession agreements has been difficult. Nevertheless, the governments of Nepal and India have entered into an agreement for Nepal to export 10,000 MWs of power to India over the next 10 years. This will open the door for Indian sponsors to sell power from Nepal to India and obtain financing from Indian banks.
Could you shed light on your role in defending lawsuits filed against Nissan Motors by distributors? How do you approach representing clients in the automotive sector, and what unique legal challenges arise in such cases?
We have been recently involved in a couple of cases of similar nature involving Nissan Motors, Royal Enfield, Preet Tractors and others. In my view, the key to avoiding disputes or having an upper hand when there is one is to have a well drafted distribution agreement and fully complying with the contract provisions and laws during termination. Nepalese courts can grant stay orders if contract terms are ambiguous and if the termination can be seen as unlawful due to non-compliance with contract provisions. This can be very risky and is best avoided.
Lastly, what advice would you give to law graduates aspiring to make a mark in corporate law, especially those interested in practicing in Nepal or dealing with cross-border transactions?
Law graduates should recognize that what they learn in law school is not enough for legal practice. They should extensively read judicial precedents in the practice areas of their interest and international books to stay updated. They should also recognize that the law in theory and the law applied in practice might differ. They should become more commercially aware and solution oriented.
Could you take us through your journey from your college days to becoming an Advocate on Record at the Supreme Court? What inspired you to pursue law as a career?
During my college days, I used to study and make friends who were like-minded and interested in studying and understanding law. I used to make friends whom you could find in the library only or after professors asked questions. Most of our freedom fighters were Lawyers of course that motivates me and of course, the respect a lawyer gets in Society.
Being the AOR for the Hon’ble Chief Minister of Sikkim is a distinctive role. How did this association come about, and what are some of the challenges and rewards of representing such a high-profile client in the Supreme Court?
I got the chance to represent the Hon’ble chief minister of Sikkim before the honourable Supreme Court through the Standing Counsel for the state of Sikkim in the Supreme Court who had previously engaged me in many of his cases and therefore gave me a chance. the rewards are always high but the expectations are also high.
In your extensive career, you’ve handled cases related to Builder-Buyer disputes, Recovery of Refunds by RERA, Criminal Cases, and more. What motivates you to take on such diverse cases, and how do you stay well-versed in multiple areas of law?
From the beginning of my law career, I, used to handle builder buyer cases as many of my close friends and relatives were cheated by builders and providing them good results brought me many cases. I have offices and associations in Delhi NCR and many of my associates, friends and lawyers keep me engaged in their cases and that keeps me updated with all kinds of cases.
As someone who has dealt with international companies and MNCs, what nuances or differences do you find in representing their cases compared to domestic ones?
Cases of MNCs and international companies are not of a very different sort but their challenges are also as same as those of a domestic company for example for a Japanese company I got an FIR registered against the top brass of management in Gurugram a complaint filed by their Parent Company and a Ukrainian company was cheated by Transport vessel company and for other Dubai and Japanese companies facing trouble because of Labour, Employees, Tax and POSH cases.
Your practice spans different courts and forums. How do you adapt your approach when dealing with cases in various jurisdictions, from District and Session Courts to the Supreme Court?
The only thing I keep in my mind while approaching any Courts from Distt. to Supreme Court is that I should be well-versed and well-prepared with my case.
Becoming an Advocate on Record involves a rigorous examination process at the Supreme Court. Can you share your experience preparing for and clearing the AOR exam? What advice do you have for aspiring lawyers who aim to achieve this milestone in their careers?
I really put all my efforts into clearing the same and was a herculean task. the only mantra is hard work and study plus one should join lectures delivered by examiners THEMSELVES conducted at ILI.
Your chamber plays a crucial role in shaping the professional journey of budding lawyers. Can you tell us about the work culture and environment in your chamber? Additionally, how do you approach mentoring and guiding interns who join your team?
Yes, it plays a very important role but I like my colleagues to enjoy work within spheres of discipline in my chamber. I don’t like the late-night work culture. Law interns, they really enjoy a lot because We expose them to every court and forum of Delhi-NCR which enhances their knowledge in unravelling intricacies of Law.
Having seen the evolution of legal education and the influx of interns and upcoming lawyers, what differences or challenges do you observe in the skill set or approach of students today compared to when you were starting your career? Are there specific areas where you think interns or young lawyers might need additional focus or development?
Yes, nowadays the legal profession is in vogue. It’s very difficult for a beginner to earn bread and butter in this profession in their initial days. There is a misconception floating around about a lot of money in this profession and therefore the students are choosing this profession but no one tells about the struggle which breaks them. The legal profession is a very noble profession. But not an easy money-making profession. In our days we knew what we were doing and how we would do it and were prepared to face struggles mentally and physically. I used to attend courts by using Public Buses and Trains, which for a modern new Lawyer is not possible if he/she belongs to a humble family and puts a financial burden on their parents.
Beyond your demanding legal career, everyone needs some downtime. Could you share with us what passions or activities you pursue in your free time? What brings you joy and relaxation outside the courtroom?
I really enjoy gossiping with friends and of course travelling to the hills.
Having pursued an LL.M., yourself, could you share your perspective on how further academic specialization contributes to a legal career? What advice would you offer to young lawyers considering pursuing an LL.M. and how can they maximize its benefits for a successful legal career?
Well, higher studies always help boost your confidence and add a new chapter to your success story. For young lawyers I advise them to pursue all sorts of courses available to help boost their knowledge and enhance confidence, there are so many diploma courses and LL.M helps new lawyers to shape their career by specialising in some chosen field.
Could you share a bit about your journey into law and how you decided to pursue it as a career, especially with your educational background at National Law Institute University and Symbiosis Law School?
My father played a significant role in guiding me to pursue law considering my personality. Then, I was always keen to pursue law since my school days and at that time law was not sought for profession as it is now. We did not have CLAT in the year 2003 and had to fill up individual forms for each college. I was fortunate enough to get through B.A.LL. B course in Symbiosis Law School, Pune. I was inclined for post graduate education and thereafter, I appeared for CLAT LLM and I got through National Law Institute University, Bhopal. It’s a wonderful experience to independently live in a hostel which makes you a confident individual to deal with every situation in your life without the support of family. I not only got to polish my legal and individual skills at the law schools but also got to make great friends during both the courses who are budding colleagues and make the legal practice feel like home.
You’ve had a diverse experience, from working in top legal firms to founding your own practice at Samaya Law. What inspired you to take the entrepreneurial route, and how has this journey been for you?
I am thankful to all the law firms, their partners, and senior advocates who I worked with through my journey. I got immense experience and guidance from them which helped me build my independent practice. Since beginning, I always wanted to have my independent practice as it gives a sense of accomplishment to me, however, working in a firm setup can be equally beneficial considering the fact that the initial few years of independent practice take a toll on you mentally and financially. I was lucky enough to have my own set of clients who trusted in me and helped keep afloat in initial years of practice which is significant to keep you going. The journey of independent practice is full of peaks and valleys as its both demanding and rewarding profession. You have a thrill of victory which is unmatched and gives you a sense of pride and satisfaction and doing public interest litigation can give added satisfaction by making a difference in the lives of people. The downfall being the stress and expectation not only towards yourself but also to Clients and Judges. However, this profession can teach you resilience, perseverance and the importance of hard work which makes you a valuable legal professional.
Your practice involves appearing before various courts and tribunals, including the and the National Company Law Tribunal and Supreme Court of India. Could you highlight a memorable or challenging case you’ve handled and the key takeaways from that experience?
After my stint with law firms, I started my independent practice and after a few years started our law firm Samaya Law along with my partner Sourabh Gupta, Advocate and we completed 10 years in June, 2023. We appear before all courts, tribunal across India. However, being based in Delhi gives an opportunity to physically appear before the Hon’ble Supreme Court and Appellate Tribunals. Although, now the Supreme Court also works on Hybrid mode which helps all the counsels across India to get remote access to appear and argue their cases. We recently argued a case under the maternity benefit act wherein the Petitioner was being denied maternity benefit as her contract with the government body had come to an end. In a landmark judgment, a three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Others (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. We also made a significant petition for post-graduate doctors during the COVID-19 period when they were being sent across states for their practical examination as per National Medical Commission and Diplomate of National Board guidelines. The Supreme Court intervened and directed the NMC and NBE to conduct examinations within the state so that the post graduate doctors do not have to cross state as per directives of the government of India. This brought relief to more than 1 lakhs doctors who were appearing for the examination. Each forum has its own way of working, before the Supreme Court you only get 2-3 minutes to explain your brief at the admission hearing so you need to prepare your list of dates and synopsis thoroughly and be precise with your arguments on factual and legal aspects to catch the eye of the Judge.
With a significant focus on drafting and vetting petitions across different legal domains, could you share some insights into your approach to crafting effective legal documents and the importance of precision in this aspect of your work?
My advice would be to keep your focus on the facts of the case because facts forming part of the pleadings can never change and highlighting relevant facts of the case can bring life into a dead brief. It is crucial to draft pleadings that are short, persuasive, point blank and not overstated. It’s best to work on all kinds of pleadings before the trial court and High Court in the initial years of your practice which can be beneficial when you handle matters before the Appellate Courts and Supreme Court. Most part of building up a case happens at the trial court and if the pleadings are not drafted, covering the facts accurately can bring significant damage to the case as it becomes difficult to introduce new facts or legal grounds in support of the brief at appellate stage of the proceedings. The pleadings should ensure that all the relevant facts are covered on the issues to be framed and lead evidence on the said issues to support your case. In a case done by us the Hon’ble Delhi High Court in a suit (CS(OS) No.553 /2016 order dated 21.05.2019) dealing with recovery of possession of an immovable property and a counterclaim for recovery of over Rs. 5 crore had due to lacuna in the drafting and not claiming the relief for recovery of possession made an observation “This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one’s own client, are avoided.”. The pleadings have to be factually fortified and legally formulated to bring forth your best case.
Having engaged in extensive research across civil, criminal, and commercial laws, could you discuss a specific area of law that you find particularly intriguing or challenging, and why?
The latest insolvency and bankruptcy code, 2016 has brought a fresh dimension to the insolvency law including bringing new questions of law which need to be answered both by the Lawyers and Judges. The fact that the code has been modified five times in the last five years including several judgments which have been passed by the Hon’ble Supreme Court itself shows the way it is evolving and which makes it challenging. The IBC is a significant reform and its successful implementation can bring resolution to the stress situation in the country’s financial system. We constantly support the Insolvency Resolution Professionals and companies on advising them on the intricacies of the Code and its implementation.
Your involvement in arbitration, both domestic and international, is notable. Can you share a bit about your experiences with arbitration cases and any unique challenges or differences you’ve encountered in handling international arbitrations?
With the introduction of Arbitration and Conciliation Amendment Act, 2015 the arbitration proceedings must be completed within a time bound manner and which has brought drastic improvement in the overall process of arbitration. The constant queries of the clients as to the time limit within which dispute would be resolved has been answered by way of the said amendment and also by bringing in Schedule IV with the amendment of 2015 the fee being charged by an arbitrator has been regulated making the whole process efficient and cost effective for the client. Thus, we advise clients to keep arbitration clauses in the agreement so that the disputes, if any, can be resolved in an efficient and timely manner. However, it is particularly important where the parties (or their assets) are in different jurisdictions or where the disputes might give rise to complex and technical issues. We recently did an international commercial arbitration under the ICC rules where the seat of arbitration was Narobi, Kenya. The arbitrators in such arbitrations are chosen by the arbitration rules which provide for a method of appointment of arbitrators in case the agreement does not name the arbitration. The cost between a sole arbitrator and three arbitrations can vary considerably in international arbitration including the efficiency within which arbitration can be completed as there is lesser need for coordination between the arbitration. However, high value and complex arbitration would be better with the panel of 3 arbitrators as they can give more insight into the decision-making process. The timelines set in the international arbitrations are strictly adhered to and any deviations are subject to high cost awarded against the defaulting party including closing their rights if no reasonable reasons have been given by the parties. In choosing the seat of arbitration, the parties should consider the effect that this might have upon the conduct of the arbitration and the potential enforceability of the ultimate award and selecting a state which is party to the New York Convention as the seat of any arbitration, provides parties considerable scope for the enforcement of their awards.
Given your wealth of experience, what advice would you offer to law graduates who are just starting their careers in the legal field? What key lessons have you learned that you believe could benefit those embarking on their legal journey?
I would advise all the young graduates to learn the basic skills of drafting and research in their initial years along with arguing matters before the courts whenever they get an opportunity. The key would be to accumulate as much knowledge as possible from your seniors, arguing counsels and observing proceedings before the courts. In addition, always keep yourself abreast of the times by reading the latest judgments and updates of law in every field. Always be nice to your opposite side, you will have to face them every day in court and not the clients. Never lie to the court, better lose a client than your respect and trust before the court. Lastly, always take care of your health and follow stress management by having work life harmony.
Can you share a bit about your background and upbringing, especially how you ended up pursuing law as a career?
My journey into the field of law is somewhat unconventional, rooted in an upbringing that seamlessly blended athleticism and a commitment to education. Hailing from Himachal Pradesh, I was born in Bangalore and received my education in Patiala, Chandigarh, and Delhi, reflecting the diverse cultural influences that shaped my worldview.
My parents, with my father being a Dronacharya Award Winner in Judo and my mother serving as the Chief Judo Coach with Sports Authority of India for over 35 years, instilled in me the values of humility and hard work. The mantra that ‘hard work has no substitute’ became a guiding principle, thanks to my father’s wisdom.
Initially immersed in a promising career in sports, representing Himachal Pradesh in various BCCI tournaments from U-15 to U-23 levels, my trajectory took an unexpected turn due to a sports-related injury. This setback prompted a moment of introspection, leading me to re-evaluate my career path.
Amidst the contemplation, the decision to transition into law emerged organically. Inspired by a desire to push beyond my comfort zone and propelled by the encouragement of my parents, I embarked on the journey to become an advocate. This shift was marked by rigorous preparation for the Delhi University entrance exam, which I successfully cleared, ultimately choosing to enrol at Campus Law Centre, Delhi University.
It was during my time at CLC that I discovered the rich legacy of its alumni, further deepening my appreciation for the profession I had serendipitously found myself in. In retrospect, I didn’t so much choose law as it chose me, a realization that has fuelled my commitment to excellence and continuous growth in the legal field.
I am profoundly grateful for the opportunities that shaped my journey, and I carry forward the invaluable lessons of discipline, resilience, and dedication instilled in me through my unique blend of experiences. Today, as a seasoned lawyer with nine years of experience, I draw upon both my sporting and legal backgrounds to approach challenges with a well-rounded perspective and unwavering determination.
You completed your LLB from Campus Law Centre, Delhi University. What factors influenced your decision to study law, and were there specific experiences during your academic years that shaped your interest in the legal field?
Honestly, after cricket I had no other option but to choose law, there is no specific reason or any decision that influenced me to study law. I pursued my LLB at Campus Law Centre, Delhi University, and my journey into the legal field was somewhat unconventional. Having initially aspired to pursue a career in cricket, the transition to law emerged organically.
In my first year, following the advice of my seniors to enjoy the initial phase, I focused on grasping the fundamentals and keeping a balance between academic studies and my passion for cricket. It was during this time that I discovered a genuine interest in Criminal Law, sparking the beginning of my journey in the legal domain.
As I progressed into my second year, subjects such as Criminal Procedure, Evidence, and Civil Procedure captivated my attention, deepening my understanding and enthusiasm for the legal intricacies. An internship experience further exposed me to the practical aspects of legal work, where I engaged in clerical tasks, gaining invaluable insights into the operational side of the profession.
The turning point came in my third and final years of college when I made a conscious decision to fully commit to my legal studies. Realizing that my cricketing aspirations were taking a back seat, I explored potential career paths. A pivotal moment occurred in March 2015 when a senior connected me with an internship at Luthra and Luthra, providing me with a firsthand experience of the legal profession.
Simultaneously, a subsequent internship with Mr. KTS Tulsi, Senior Advocate, in April further solidified my interest in law. The dynamic and challenging nature of the work at both offices fueled my passion, ensuring that each day was intellectually stimulating.
The opportunities I got was only because of cricket which landed me to my internships, which shaped my professional trajectory. These experiences have not only enriched my legal knowledge but have also instilled in me a deep sense of commitment and enthusiasm for the legal field.”
You’re currently engaged in independent legal practice, handling a diverse range of cases. Can you walk us through the pivotal moments that led to your decision to transition from working with law firms to establishing your independent practice?
Embarking on my legal journey, my initial exposure to the legal profession unfolded through internships at Luthra and Luthra, a prominent law firm, and later under the guidance of Mr. KTS Tulsi, Senior Advocate. These experiences, though disparate, were pivotal in shaping my journey as a lawyer.
During my stint in a law firm, the routine was structured, demanding undivided attention to assigned tasks within the confines of an office. However, my subsequent internship with Mr. Tulsi, Senior Advocate, introduced me to a different world—a dynamic blend of courtroom advocacy and after court management. Witnessing the strategic use of skills, experience, and court craft to win cases ignited a profound fascination within me.
Despite the allure of firm remuneration, I recognized a deeper passion for the courtroom. The prospect of being confined to an office space without the vibrancy of court experiences did not resonate with my vision for a fulfilling legal career. Driven by a belief instilled in me since childhood—that hard work paves the way to success—I transitioned to LawRato, where I honed my communication skills with clients. However, the confinement of a firm environment eventually led me to seek a more dynamic setting.
Gratefully, I found mentorship under Mr. Jaspreet Singh Rai, a period that contributed significantly to my growth and gave me a fair bit of experience in Trial Court. Destiny smiled upon me when I secured a position at the Chambers of Mr. Tulsi, a dream opportunity by the support of Mr. Amit Sharma and Mr. Raj Kamal.
Before venturing into independent practice, I had the privilege of working with Mr. Karan Bharihoke, Advocate-on-Record who played a transformative role in shaping me from a novice into a confident, independent lawyer. His mentorship instilled in me the courage to appear before the court and the resilience needed to pursue my goals.
You’ve had significant experience in handling high-profile cases, including criminal matters, civil matters, and more. Could you share a challenging or notable case that you’ve worked on and the lessons you learned from it?
In my not so extensive legal career spanning nine years, I’ve had the privilege of handling some high profile cases, each carrying its own weight of significance. High-profile cases, in particular, demand a heightened level of diligence and responsibility, given the elevated stakes involved for both the client and the legal representative.
Throughout my journey, I’ve had the honor of collaborating with seasoned advocates and independently handling noteworthy cases. One such pivotal experience that stands out is my involvement in the Nirbhaya Case (Appeal) at the Supreme Court, where I assisted my senior who was representing the parents. The magnitude of this case not only underscored the gravity of criminal law but also provided me with a profound insight into the nuances of Supreme Court procedures.
This experience served as a springboard for my subsequent work, notably in preparing and drafting the Petition in the Arushi Talwar Case. The lessons gathered from these high-profile cases have been instrumental in deepening my understanding of criminal laws and honing my legal skills.
I am deeply appreciative of the trust placed in me by seniors, which has been a constant source of motivation throughout my career. Every case, regardless of its nature, has been a stepping stone for my professional growth. I firmly believe that embracing and learning from each experience is imperative for continuous development as legal professionals.
In essence, my journey has been shaped by a commitment to excellence, a deep appreciation for the opportunities afforded to me, and an unwavering belief in the transformative power of every legal experience.
You’ve worked with esteemed advocates such as Mr. KTS Tulsi, Mr. Harin P. Raval, and others. How has mentorship played a role in shaping your career, and what advice do you have for young lawyers in finding the right mentors?
In this profession finding the right mentor is what every young lawyer would dream. In my legal career, the significance of mentorship has been profound and instrumental. I have had the privilege of working alongside distinguished advocates such as Mr. KTS Tulsi, Mr. Harin P. Raval, Mr. Karan Bharihoke, and Mr. Raj Kamal, each of whom has played a pivotal role in shaping my professional journey.
The mentorship I received from Mr. Bharihoke and Mr. Kamal, spanning the entirety of my career, has been invaluable. Their guidance has not only illuminated the path but has been a constant source of support during challenging times. I consider them beacons of wisdom, always approachable for clarifications, and ready to provide insights into the intricacies of the legal profession.
Reflecting on my experience, I would advise young lawyers to seek mentors who not only possess exceptional legal acumen but are also genuinely invested in nurturing the next generation of legal professionals. The essence of a good mentor lies in their ability to impart knowledge, offer constructive criticism, and share their practical experiences. A mentor should be someone who sees beyond the professional competition, taking the time and effort to contribute to your growth.
I am deeply appreciative of the guidance I have received, and it has instilled in me the importance of paying it forward. As a seasoned practitioner, my advice to young lawyers is to actively seek mentorship, be receptive to constructive feedback, and cultivate relationships with mentors who prioritize your professional development. In doing so, not only will you acquire valuable skills and insights, but you will also contribute to the perpetuation of a culture of mentorship within the legal community.
From your perspective, how would you describe the current legal landscape in India, especially in areas like economic offenses, commercial dispute litigation, and recent legal developments? How has technology impacted the practice of law in recent years?
Thank you for the opportunity to share my perspective on the current legal landscape in India, particularly in the areas of economic offenses, commercial dispute litigation, and recent legal developments.
The landscape of economic offenses in India has seen significant changes in recent years. The country has witnessed legislative developments aimed at addressing white-collar crimes, with a focus on laws such as the Prevention of Money Laundering Act, 2002, and the Prevention of Corruption Act, 1988. These laws, along with the Companies Act, 2013, and the Indian Penal Code, 1860, form the backbone of India’s regulatory framework against economic offenses. In 2023, pivotal judicial decisions brought clarity and precision to the nuanced aspects of money laundering, including territorial jurisdiction, bail eligibility, and the procedural obligations of enforcement agencies.
Commercial dispute litigation in India has also evolved, with the establishment of specialized commercial courts designed to provide efficient and timely resolution of conflicts. These courts employ case management techniques to streamline proceedings and encourage parties to explore alternative dispute resolution methods such as mediation and arbitration before proceeding to trial. The trend towards alternative dispute resolution methods is increasingly being embraced by companies in India.
Recent legal developments in India have been multifaceted, reflecting the complexity of the challenges faced by the nation. The legal system plays a pivotal role in addressing economic and social disparities, with ongoing efforts to create a more inclusive and equitable society. The Supreme Court and High Courts have been active in shaping the legal landscape, with rulings on a wide range of issues.
Technology has had a profound impact on the practice of law. It has streamlined processes, improved access to legal resources, and enabled more efficient communication. In the context of commercial courts, technology integration has been instrumental in promoting a more effective dispute resolution process.
Drawing from my nine years of experience in the legal field, I would advise aspiring lawyers to stay abreast of these evolving trends and developments. It’s crucial to understand the interplay between law and technology, and to adapt to the changing dynamics of the legal profession. Always strive for excellence, but remember that the pursuit of justice should be at the heart of all we do as legal professionals.
In conclusion, the legal landscape in India is dynamic and evolving, shaped by legislative developments, judicial precedents, and the integration of technology. As legal professionals, we must navigate these changes with diligence, adaptability, and a steadfast commitment to justice.
You’ve been involved in cases that have gained public attention, such as the Aarushi Talwar Murder Case. How do you manage the pressure and public scrutiny that comes with handling high-profile matters?
Each case, regardless of its prominence, brings unique challenges and learning opportunities. Drawing from my sports background, I understand the importance of timing – knowing when to start and when to stop. This philosophy translates into legal practice, emphasizing a focus on the task at hand.
Handling high-profile cases, like the Aarushi Talwar Murder Case, demands a blend of professional poise and personal resilience. Recognizing the inevitable pressure and public scrutiny, my approach revolves around a practical mindset.
I prioritize client objectives over the name of the case, steering away from unnecessary pressure. Overthinking is counterproductive. Trust in thorough preparation and professional competence forms the foundation of my approach.
Anytime you appear before a court, you always have butterflies running through your stomach. But my only mantra is not to think much and deal with every case as it comes. My experience in high-profile cases underscores the need for a strategic and composed outlook. Success hinges on maintaining professional rigor while navigating the intense scrutiny, much like delivering a top-tier performance in sports.
Having excelled academically, how do you balance the theoretical knowledge gained in law school with the practical challenges faced in the legal profession? What advice do you have for fresh law graduates entering the field?
Honesty, Patience and Hard Work is the advice I shall give fresh law graduates entering the field. In my experience, I’ve noticed a shift among interns and young lawyers, with some placing undue emphasis on stipends and remuneration rather than on learning and professional growth. (I know the younger generation would not like this part). Patience is paramount in our field; the legal profession offers boundless opportunities for those who approach it with dedication and a long-term perspective.
Hard work, another cornerstone of success, involves staying focused on your goals, mastering procedural intricacies, understanding the law thoroughly, and presenting your cases with unwavering commitment. Success, I believe, is an outcome of consistent, diligent effort.
Addressing the evolving nature of law, it’s imperative to keep abreast of daily developments in statutes and judgments. However, the true essence of this profession manifests in the courtroom—where legal theories transform into practiced skills, confidence, and court craft.
For aspiring legal professionals, my advice is to approach each day as an opportunity to learn, adapt, and refine your skills. Embrace courtroom experiences as they come; there’s an undeniable beauty in the synthesis of theory and practice. As you navigate this dynamic field, you’ll discover the profound fulfilment that stems from a genuine passion for the law.
I encourage new entrants to the legal field to embrace this journey wholeheartedly, with humility, and to derive satisfaction not only from personal achievements but also from contributing positively to the legal community.
Considering your achievements and experience, what advice would you like to offer to fresh law graduates who are embarking on their legal careers today? If there’s one piece of advice you wish you had received at the beginning of your career, what would it be?
I am still learning and I have a lot to achieve in life. As a friend who possesses a little bit of experience over the others who would be graduating soon or have entered the profession.
Reflecting on my own journey, if there’s one piece of advice I wish I had received at the outset of my career, it would be to find joy in the process of learning. This profession is dynamic and ever-evolving, presenting opportunities for growth at every turn. By immersing oneself in the school of learning, one not only acquires knowledge but also cultivates a mindset that views every experience as a valuable lesson.
I often share the sentiment that in the legal profession, you never truly lose – you consistently gain insights that contribute to your professional evolution. Aspiring legal professionals should approach their careers with a clear vision, a full commitment to the journey, and an unwavering determination to learn from every experience. In the words of a mantra I hold dear, ‘Clear Eyes, Full Heart Can’t Lose.’
With 25 years of extensive practice in law, you’ve built an impressive career as the Managing Partner of PDLegal LLC. Can you share a bit about your journey from college days and struggles you faced during that time and what motivated you to establish your own law firm?
My journey in law began with a deep-rooted passion for justice and advocacy, nurtured during my university days. This drive, coupled with extensive experience gained over the years, led me to establish PDLegal LLC. My goal was to create a firm that embodies a blend of personalized, partner-level service with efficiency and cost-effectiveness, addressing the evolving needs of our clients.
Your areas of expertise range from Maritime and Shipping to International Trade, among others. What drew you to specialize in these particular fields, and how have they evolved over the course of your career?
My inclination towards Maritime, Shipping, and International Trade law stemmed from recognizing the dynamic and globally interconnected nature of these fields. These areas are not only pivotal to global commerce but also constantly evolving, presenting unique legal challenges and opportunities. Over my career, I’ve witnessed and adapted to significant changes in these sectors, ensuring that our firm stays at the forefront of legal expertise and innovation.
Having been recognized by leading legal directories like Legal 500 and Chambers & Partners, what do you consider to be the key factors that contribute to your success as a litigation and arbitration counsel?
The key factors that have contributed to my success in litigation and arbitration include a relentless commitment to excellence, a strategic approach to each case, and a deep understanding of our clients’ needs. Recognition by leading legal directories like Legal 500 and Chambers & Partners reflects our firm’s dedication to delivering high-quality legal services and our ability to achieve favourable outcomes for our clients.
PDLegal LLC has a strong regional presence with offices in Singapore and Bangkok. How does the firm adapt to the legal landscape in different regions, and what challenges and opportunities does this bring to your practice?
Adapting to the legal landscapes in Singapore and Bangkok involves a keen understanding of regional legal nuances and cultural sensitivities. Our firm leverages its strong regional presence to offer tailored legal solutions. The challenge lies in navigating diverse legal systems and market dynamics, but it also presents opportunities for cross-border collaboration and expanding our expertise in international law.
Your practice involves both contentious and non-contentious matters. How do you balance being a trusted business advisor for non-contentious issues like joint ventures and mergers while also navigating complex litigation matters?
The key to balancing both contentious and non-contentious matters lies in versatility and deep legal acumen. For non-contentious issues like joint ventures and mergers, I focus on being a strategic advisor, ensuring due diligence and foresight. In complex litigation, my approach is more dynamic, with an emphasis on thorough preparation and robust advocacy. This dual role requires adaptability and a deep understanding of our clients’ diverse needs.
With your background in Maritime Law, how do you perceive the future of the maritime industry, especially considering the advancements in technology and environmental considerations?
The maritime industry is poised for significant transformation, driven by technological advancements and environmental considerations. As we move towards more sustainable practices, I foresee increased adoption of stricter environmental regulations.
Given the recent advancements in technology, there’s a notable shift towards automation in shipping operations. How do you see this trend impacting the maritime industry, and what legal considerations or challenges might arise as a result of increased automation in shipping processes?
Automation in shipping marks a revolutionary shift, enhancing operational efficiency and safety. However, it also introduces legal challenges, particularly in terms of liability, regulatory compliance, and cybersecurity. As the industry adapts to these changes, our role is to guide clients through this legal landscape, ensuring they stay ahead of the curve.
As someone deeply involved in pro bono legal services, can you share a rewarding experience or a case where your involvement made a positive impact on the community you serve?
We do a number of pro bono cases through the Law Society of Singapore Pro Bono Services (“LSSPBS”).
Beyond your professional achievements, what are some personal hobbies or interests that you indulge in to unwind from the demands of the legal profession?
To unwind from the demands of the legal profession, I enjoy watching football. I am an avid Manchester United fan.
Given your extensive experience and success, what advice would you offer to college students or young professionals on how they can make the most of their college days and choose meaningful internships to pave the way for a successful legal career?
For university students and young professionals, my advice is to embrace every learning opportunity, whether in academics or internships. Focus on building a strong foundation in legal principles while also developing soft skills like communication and problem-solving. Networking and mentorship are invaluable; seek connections that inspire and guide you towards your career goals.
Can you share with us how your journey in law began, and what inspired you to pursue a career in litigation and dispute resolution?
Specialization and Expertise: Commercial Litigation, Insolvency and Arbitration.
To be honest, I belong to a family of lawyers, my father and my elder brother are both lawyers, although both have worked/work in starkly different fields. One (my elder brother), being a hardcore IPR expert and the other (my father) who has seen the growth of litigation in the once colonial town of Allahabad and been actively involved in service matters before various High Courts.
As they say, you sooner or later become a victim of your surroundings. However, in my case, it worked for the best and I can turn the statement around and say, “I am a true by-product of my enriching and encouraging surroundings”!
I would often as a child accompany my father to the court or interact with his colleagues and associates at home as well as in social spheres. In my opinion (of course as lawyers we are bred in a manner to specify our opinions !) my liking and fondness towards the profession began then itself, in my formative years. Thereafter I saw my brother go to law school as well, which is when my intentions to pursue a career in law solidified and I was sure that I wanted to become a lawyer.
My decision to pursue litigation is however a result of my internships and work experiences at various law offices. The irony is that my first job offer and might I add, with a hefty pay in a big firm, was NOT in litigation but the General Corporate team. However, even then, I refused to take up that opportunity and decided to start all over with the process so long as I was given Litigation. Thus, inherently, my brain and heart were always drawn towards litigation.
With expertise in civil and commercial disputes, arbitration, intellectual property, and more, what specific aspects of law drew you in, and how did you develop such a diverse skill set over the years?
My personal favourite has always been the constitution, which is why I was driven to even appear for the Advocates-on Record examination, which I successfully cleared in the year 2022!
However, over the last couple of years, I have come to the conclusion that in the intensely dynamic environment that we live in where the laws are revolving on a constant basis, it is imperative to have at least the bare minimum knowledge of all fields of law, so as to best advise your client. Let’s say you have a client who approaches you for a simple case of corporate fraud, your advice however will start on the basic provisions of companies act in the north pole and span to filing a criminal complaint in the south pole. For the naked eye, one is a civil remedy and one is criminal, but for me, both are equally important. Thus, I feel, skill sets also develop over the years based on the kind of matters and briefs you receive or work on as well as the happenings and trivia in the legal fora, which in my view, every budding lawyer should keep pace with.
Establishing your own law firm is a significant accomplishment. What motivated you to form Aeddhaas Legal, LLP, and how has the experience of working with accomplished legal professionals influenced your approach to legal practice?
From the time I decided I wanted to pursue a career in litigation, I had my eyes on like a hawk!! on opening my own law firm and setting up my practice.
I was fortunate to have met people who I connected and bonded well with, who echoed the same feeling as mine, and thus, we all got together and created Aeddhaas.
One thing I learnt the most from all the stalwarts at the bar as well as all the accomplished legal professionals I have worked with is the golden rule of always being prepared. One thing I preach to every lawyer is that you must always read your brief to the fullest (of course over time you learn the art of swiftly navigating ) as well as prepare your draft after a detailed research to seal any/all loopholes. A good draft in my opinion is not one which runs into 100 pages but one which briefly summarizes the issue in question. At the same time, a good argument is not the one which involved showing to the court every document (in most cases pleadings exceed 10000 pages!!), but one where the advocate runs through the essentials, to touch the heart of the case.
I also learnt the benefits of team work and how to be calm and patient even in the time of an urgency to take the right decisions.
Thus, Aeddhaas for me is the final dish, of all such ingredients, hard work, team building, patience (most important virtue of a lawyer) and attentiveness!
Your experience in handling matters under the Insolvency and Bankruptcy Code is extensive. Can you share insights into the complexities involved in such cases and the strategic considerations one needs to keep in mind?
Insolvency and Bankruptcy code is now one of the most commonly invoked statutes in our country. I have always had an affinity towards commercial laws and hence, once the code was published, I was naturally drawn towards the same.
To be frank, as it is still fairly new as a law in our country, it still keeps evolving. It’s an extensive statute with various regulations and rules made thereunder.
I would recommend that to be abreast, the best way is to read the recent judgments and monthly updates released by various legal media. Nowadays live law and bar and bench upload updates even before the judgments are released online! Life has become easy because of them. So, we must use these mediums to our benefit.
For handling matters under the IBC, strategy planning with regard to the end goal at the very initial stage, whether you are for the corporate debtor or the creditors, goes a long way.
With a focus on arbitration matters, including those related to construction contracts and commercial agreements, what role do you see arbitration playing in resolving disputes, and how has the landscape evolved during your career?
Arbitration is the need of the hour. In my opinion an arbitration clause has become as important as a confidentiality clause in any agreement/contract and there has been a paradigm shift worldwide towards arbitrating disputes viz entering into long drawn litigation battles, which in case of international commercial contracts is a nightmare, be it in the initial stages of overcoming the hurdle of jurisdiction or seeking the enforcement of a decree.
Having said this, even though the Indian Arbitration Act was enacted to be time bound, today, realistically speaking the Appellate courts are burdened with appeals and challenges to the awards passed by arbitrators, leading to a delay in execution. All in all however, the interim reliefs and ease of dispute management are unparalleled with arbitration.
Unlike courts that are often overwhelmed with a high volume of cases each day, comparatively, arbitration provides parties with more time and opportunities to present their arguments. In arbitration proceedings, parties have more flexibility in scheduling hearings and presenting evidence, which can result in a more efficient and streamlined resolution of disputes. This is because arbitration is a private and confidential process, and the parties have more control over the proceedings, including the selection of the arbitrator (who can be a specialist in case of subject matter being technical in nature). As such, arbitration can be a more attractive option for parties seeking a faster and more cost-effective resolution of their disputes.
Reflecting on your career, what would you consider as the key milestones or turning points, and how have any challenges or setbacks contributed to your growth as a legal professional?
Well I am fortunate to not come across any setbacks as yet and I hope it continues to be the same. My journey so far has been exactly the way I thought it would be. Turning point is of course setting my own practice and qualifying the Advocates-on Record examination.
The transition from working for someone else or a law firm to establishing one’s own practice presents numerous challenges beyond just completing tasks. In addition to securing new clients and meeting their expectations, there are other obstacles to overcome such as financial management, marketing, and building a reputation in the legal community. These challenges can be overwhelming, but successfully navigating them is a significant milestone for any lawyer.
As a legal professional, it is my duty to provide my clients with the most effective solution within a specific timeframe. So far, I have been doing justice to my work and that I think the actual growth one should be aiming for.
As someone with a wealth of experience, what advice would you offer to law graduates entering the field today, especially those aspiring to build a successful career in litigation and dispute resolution?
Law is a dynamic field. You could be making policies sitting in the parliament or challenging their implementation. You could be the mastermind behind a watertight contract or the person whose job is to find ways to read into the clauses. You could be the one because of whom we resonate a tick to Nike and an apple to Apple) or the one because of whom an acquisition or merger failed.
My advice is simple, whatever it is that you intend to do, be it corporate, litigation (civil or criminal), be it IPR or policy, one should begin planning their way forward the day you step foot in law school. I am sure there are days when confusion is bound to occur, however, the sooner you surpass that, you will be way ahead of many others by the time you graduate. You would get the advantage of taking up internships in the specific field and building your CV, additional courses, writing papers and attending conferences in the field of your preference. This way, by the time you graduate out of law school, you are not a ripe student looking for direction, but someone who would add value to the place which hires you.
Your career has taken you from India to Dubai and now to Toronto. Transitioning between legal landscapes and cultures can be both professionally and personally transformative. Can you share insights into your journey and how you navigated these transitions, both in terms of your legal practice and adapting to new environments?
UAE opened up a new world of personal and professional opportunities. I moved to UAE with about few years of work experience from India and with god’s grace, I was quickly able to find a position in one of Abu Dhabi’s oldest law firms. Though I had apprehensions about moving from a common law hybrid jurisdiction to a civil law hybrid jurisdiction, however, none of my apprehensions came to fruition, as the firm had amazing people who were happy to help and guide me. The addition of ADGM and DIFC, which are common law jurisdictions also helped. On a personal front, our stint in UAE was amazing, we started our family and made lifelong friends. However, owing to the non-permanent transient nature of the stay in UAE, we chose to move out to Canada, where I did my masters and licensure and am presently a Counsel at ivari. I am blessed to be working with an amazing team and a very competent and compassionate General Counsel. Moving countries takes and restarting life, gets harder with time. However, an indomitable spirit, ability to adapt, ability to keep an open mind and resilience are key to success.
As Counsel at ivari, you provide legal guidance on insurance-related issues and collaborate with internal clients. Can you share a recent project or challenge you’ve worked on at Ivari that stands out, and how did you navigate it to achieve positive outcomes for the company?
While I can leverage my past work experience and at present predominantly work on the corporate commercial side of insurance, insurance is multifaceted– reinsurance, segregated funds, pension laws – and the list goes on. While I have ample guidance with work, the biggest challenge for me is the transition from private practice to in-house. The challenge presents itself in dealing with various internal clients, while balancing out business needs with legal advice. To surmount these issues, I use a two-pronged approach – first I aim to identify the needs of the client, what are they looking for, have a chat with them if need be and then commence the work and second, properly manage internal client expectations.
Your experience includes dealing with diverse legal areas such as corporate law, employment law, and foreign investment law. Is there a specific project or deal that stands out as particularly memorable or challenging in your career?
One transaction that stands out was a settlement agreement I was working on for a French banking giant. One of the conditions involved vacating a “mortgage” on a ship which was one of the securities. While a tangent work, I do not deal with maritime law – therefore it was particularly memorable and enjoyable given that the ship was not in port, the intricacies of UAE law and formalities required by the authorities, the nature and timing required to complete the transaction.
As someone who has worked on a range of transactions, from joint ventures to business purchase agreements, what aspect of corporate law do you find most fascinating or intellectually stimulating?
I find acquisitions to be fascinating. It is dynamic in nature involving strategic planning – including financial considerations, negotiations, structuring, due diligence and drafting/negotiating definitive agreements. Acquisitions have an implication and impact for the stakeholders, the companies, operations and the broader business and legal landscape – and this adds another layer of complexity in what is already a complex matter.
In your role as a lawyer in Abu Dhabi/Dubai, you managed deal/transactional teams and conducted sessions to develop transaction strategies. How do you foster collaboration and effective communication within a legal team working on complex transactions?
The framework of effective communication is built on organisation within the team, defining the roles at the inception, regular/daily check-ins depending on the complexity and urgency of the matter, encouraging open communication wherein team members to bring in diverse perspectives and fostering a culture of respect (which is key when working in an ethnically and linguistically diverse workspace).
You pursued a Master of Laws (LLM) at Osgoode Hall Law School in Toronto. What motivated your decision to undertake this academic journey, and how has this experience enriched your legal perspective, especially considering the transition from Abu Dhabi/Dubai to Toronto?
The motivation was very personal. I was moving from UAE to Canada and therefore needed to relicense myself. I could have taken the exams route which would have been economical and less time-consuming – but instead, I went in for the longer route of LLM. Getting back to academia was hard. However, I wanted to ingratiate myself with Canadian laws. I would recommend that to anyone moving to Canada to pursue law – just gives you a better understanding of the legal system and legal community. The LLM brought me up-to-date with what is going on in the Canadian legal space.
As a member of the 2022-2023 LPPCA Executive, what goals or initiatives are you particularly excited about, and how do you see these contributing to the legal community in Toronto?
This was a student body at the LPP. Nothing major here.
You have been involved in various extracurricular activities, including being a Vice Chair for the School Council. How do you balance your professional commitments with your community involvement, and what motivates you to actively contribute to the community?
I have always wanted to give back to the community. In Canada, there is a huge thrust towards volunteering. It starts right at school. Doing something for the community and building a sense of community are part of the school curriculum. I too have always wanted to give back to the community. Education and the future of kids is an interest of mine. So, I volunteer my time at the school council. I also volunteer my time with the LPP program at Toronto Metropolitan University (previously Ryerson University) to give back to the profession. I am also in the process of getting involved with United Way – an organisation that my office supports.
Outside the legal realm, you’ve mentioned being a food and K-drama enthusiast. Can you share a favourite dish you enjoy preparing or a K-drama series that you found particularly captivating, and how do these hobbies contribute to your work-life balance?
Love eating, cooking and entertaining friends. I do not have a favourite dish – but love trying out new cuisines. At present, I am obsessed with Hong Kong Chinese cuisine, particularly Youtiao. I have been trying to make it at home with little success.
Having mentored and coached interns during your time in Abu Dhabi, how do you approach mentorship, and what advice would you give to aspiring legal professionals starting their careers?
For me effective mentorship involves guiding mentees through a legal issue – irrespective of the complexity, sharing practical insights, and sharing feedback (including taking feedback too). The most essential element for a good mentor-mentee relationship is mutual respect followed by open communication.
Advice to new lawyers, as I recently stated in an alumni panel discussion for the current batch of LPP candidates,:
Identify what you can do/are good at. Can you get clients – private practice then; cannot get clients – consider in-house, do you like the academia, do you want to go into law adjacent careers?
Once you have done that, try your hands at many things. Have some experience in litigation – that is the foundation for a good solicitor practice.
Pursue excellence and professionalism, and money will follow.
Mr. Singh, your journey from Jalandhar to the establishment of Aekom Legal is truly inspiring. Can you walk us through the key moments that shaped your path in law, from your commerce graduation to founding your own firm last year?
Thank you for acknowledging my journey. Initially, the prospect of practicing law was not a consideration during my undergraduate years. However, a strong desire for attaining a professional qualification drove me forward. To support my parents, I decided to pursue law through evening classes while working during the day. Simultaneously, I successfully completed my Company Secretary (CS) course while serving at the State Bank of India, stationed near the border towns of Punjab. After completion of my CS qualification, I left the bank and joined as a company secretary and then headed the office of a merchant banking firm in Chandigarh. My journey took a turn when I found myself amidst the challenging financial landscape following the collapse of the capital market. It was then that I recognized the enduring potential in practicing in the field of corporate and commercial laws.
With this foundational expertise, I found my stride as a corporate lawyer, starting as an associate in one of Delhi’s notable law firms. Over time, I climbed the ranks to become a Partner. After accumulating over 24 years of valuable experience, I made a pivotal decision – to establish our own law firm, ‘Aekom Legal.’
The journey from Jalandhar to founding Aekom Legal has been fueled by a deep-rooted sense of purpose and is a story of continuous learning, professional growth, and an unwavering commitment to excellence in the field of law.
The name “Aekom” is derived from the first word of Gurbani, “Ek Onkar” or “God is One.” Can you share a bit about the significance of this name and how it reflects the ethos of your law firm?
The name ‘Aekom’ holds a profound spiritual significance for our law firm, drawing inspiration from the sacred Gurbani phrase ‘Ek Onkar’ or in Hindi “एक ॐ” which translates to ‘God is One and all pervasive’. This name choice reflects not only my personal spiritual inclination but also a deep belief in the principles of unity and divine presence.
Choosing the name ”Aekom” was a deliberate decision, driven by a desire to transcend self-interest. It symbolizes our commitment to infuse our legal practice with higher purpose and a dedication to ethical and principled legal services. In essence, ‘Aekom’ encapsulates the core values of unity, integrity and a profound sense of responsibility and righteousness.
Moreover, the ethos of our firm is rooted in the belief that the pursuit of knowledge is integral to success. We hold a steadfast conviction that for every problem, a solution exists somewhere.
This guiding philosophy shapes our practice, fostering a culture of continuous learning and problem-solving to better serve our clients and the community at large.
You’ve authored and co-authored books and articles. What drives you to contribute to legal literature, and can you share a memorable experience related to your writing?
Engaging in legal literature has been a deeply gratifying journey, propelled by my unwavering commitment to disseminating knowledge. My extensive experience as a regular faculty at ICSI, where I taught corporate law matters, including corporate restructuring and stamp duty to aspiring company secretaries, laid the foundation for this endeavor. Additionally, I’ve had the privilege of being a speaker at various forums, such as different chambers of commerce, where I shared insights on Corporate Law, delving into topics like joint ventures, mergers, and acquisitions.
The inspiration to actively contribute to legal literature stems from these interactions, providing not only a platform to share expertise but also fostering a meaningful engagement with evolving legal concepts. My driving force has always been the ceaseless pursuit of knowledge – an ethos underscored by a personal motto influenced by the belief that seeking the blessings of Goddess Saraswati, the goddess of knowledge, will naturally attract the blessings of Goddess Laxmi, symbolizing wealth and prosperity.
This reciprocal process of learning and sharing underscores the significance of contributing to legal literature as not just a professional duty but a continuous and rewarding endeavor for personal and professional growth.
Over your extensive career, your expertise has expanded from corporate law to insolvency matters. What motivated you to diversify, and how has this expansion enriched your professional journey?
The introduction of the Insolvency and Bankruptcy Code in 2016 in India served as a pivotal moment, motivating a deliberate shift towards the intricate domain of insolvency matters. With a strong foundation in company law and having successfully navigated over 300 matters in the area of corporate restructuring, right from conceptualizing to execution, and working on various Company law realms, including joint ventures, acquisitions etc. I recognized the transformative potential of this new legal framework.
Driven by my deep passion for company laws, I proactively sought certification as a Resolution Professional, becoming one of the earliest individuals to achieve this distinction. This strategic move was fueled by a desire to remain at the forefront of the evolving legal landscape.
This strategic move has proven invaluable in real-world cases, allowing me to apply my enriched understanding of company laws to the dynamic challenges presented in insolvency proceedings. Early involvement in diverse matters has conferred a unique advantage, positioning me as a pioneer in this evolving field.
In essence, the introduction of the Insolvency and Bankruptcy Code acted as a catalyst, seamlessly merging with my background in company law and inspiring a purposeful pursuit of insolvency matters. This strategic alignment has not only enriched my professional journey but has also empowered me to offer comprehensive and effective legal solutions to clients navigating the complexities of corporate challenges and financial distress. Some of the notable achievements in the stressed assets acquisitions is navigating the acquisition of Ruchi Soya for Patanjali Group, Orchard Pharma acquisition for Dhanuka Group and many other acquisitions in M&A space. It also helped us to build a strong Dispute Resolution team.
You’ve been appointed as a member of the Appellate Authority under various acts. How does this role contribute to your broader vision for the legal profession, and what challenges or successes have you encountered in this capacity? As the Chairman of the NCLT/NCLAT Task Force, what initiatives do you envision to enhance the efficiency of these tribunals, and how do you plan to address current challenges in corporate litigation?
The Government by notification appointed me as a member of the Appellate Authority for a period of three years. It’s an authority constituted under CA, CS and ICWA Acts. I feel privileged to take up this honorary role where you get the opportunity to dispense justice and also play the role as reformist. As the Chairman of the NCLT/NCLAT Task Force constituted by ICSI, my vision revolves around recommending the ways and means to streamline and enhance the efficiency of these tribunals. The Task Force has submitted a comprehensive report to the President -ICSI. Once it is approved by the Council of ICSI, it will be submitted by the ICSI to President NCLT and other relevant authorities. This report focuses on vital initiatives to reform the system and address current challenges in corporate litigation. The emphasis is on reforming the process to make it more accessible and responsive to the dynamic needs of corporate litigation. The proposed initiatives seek to create a framework that not only expedites proceedings but also encourages a more collaborative and efficient resolution of disputes within the ambit of the NCLT and NCLAT. A key aspect highlighted in the report is the incorporation of mediation in the NCLT framework. By introducing mediation, we aim to unclog the current system and provide a more efficient alternative for resolving disputes. This initiative aligns with the broader goal of enhancing the overall efficiency of NCLT and NCLAT, ensuring a more expeditious and effective resolution of corporate litigation. I would also like to take the opportunity to thank ICSI for believing in me.
Being recognized as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a significant achievement. How did you celebrate this recognition, and what does it mean to you personally and professionally?
Being acknowledged as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a momentous achievement that holds both personal and professional significance. Personally, I celebrated this recognition by taking a moment to reflect on the journey that led to this recognition. Gratitude fills my heart for the collaborative efforts and unwavering dedication that played a pivotal role in reaching this milestone. From a professional standpoint, this recognition is a testament to the commitment and expertise invested in the field of M&A and Private Equity. The acknowledgment from IFLR1000 underscores the importance of consistently delivering high-quality legal services and upholding a standard of excellence in practice.
This achievement not only bolsters personal confidence but also elevates professional credibility, creating new avenues for opportunities and collaborations within the legal realm.
When you’re not immersed in legal matters, what are your favorite activities or hobbies that help you unwind? What inspires you outside the legal realm, and how does it influence your approach to your work?
In my early part of life, playing Tabla at Gurdwara was an activity of my life and over time, it has become a cherished hobby that evolved into a source of joy and relaxation. My love for playing Tabla is not just a leisure activity but a source of inspiration that brings balance to my life. It infuses a sense of achievement and a well-rounded perspective into my professional endeavors, enhancing my effectiveness in the legal world. Engaging in heartfelt conversations with friends is another way I find solace. Meaningful exchanges with friends provide me insight and a refreshing break that helps me to continue to work in a positive manner.
You’ve been actively involved in various roles, including the past Chairman of NIRC of ICSI. How do you see your legacy in the legal profession, and what advice would you give to aspiring lawyers and company secretaries?
Active engagement in diverse roles, including my tenure as the past Chairman of NIRC of ICSI, has been a defining force in shaping my professional journey. These leadership roles have not only honed my skills in public speaking but have also cultivated essential leadership traits that prove invaluable in navigating the intricate landscape of the legal profession. In essence, my legacy in the legal profession reflects the importance of a balanced approach—blending academic excellence with hands-on exposure and continually striving for both personal and professional growth. Opportunities like these should be embraced, as they not only provide a platform to showcase your strengths but also contribute significantly to your overall development.
To aspiring lawyers and company secretaries, my advice is simple yet profound: work hard, have a thirst for more knowledge, and adhere to the motto that drives your passion. The legal profession demands a relentless pursuit of excellence, and a strong foundation of knowledge coupled with dedicated effort is a key to success. Embrace every opportunity for learning and active participation, as they will serve as stepping stones toward a fulfilling and successful career in the dynamic and ever-evolving field of law.
Your journey in the legal profession is truly remarkable, especially considering the legacy of your family. How did you navigate the challenges of establishing your own identity in a field where family connections can sometimes be both a boon and a burden?
It was easier for me to get my first break as a Counsel but then to earn my first brief independently took a while longer. Now reflecting I feel family connection for me was both a boon and a burden. I cannot point to a single incident that led to others acknowledging me, shorn of my background, as it was a gradual process. When people saw me assisting my senior single-handedly in very high stake matters regularly and then appearing in matters like the Saradha Chit Fund case for RBI, SST Media- winding up proceedings, Testamentary suit in the estate of Priyamvada Devi Birla, I think I got noticed by others. Today I can safely say I have other law firms and independent Advocates on Records believing in me and giving me work and my background no longer matters. I always wanted to make my independent existence count in my profession and I am walking a step closer every day by the grace of God and the support of everyone who stood by me like a rock!
Starting your career when there were relatively fewer women in law, how do you perceive the changing landscape for female lawyers today? Have you noticed a shift in attitudes and opportunities over the years?
Yes, our profession is very demanding and it’s not like a 9-5 job. A conference can be fixed at 9.30 pm or even 10.30 pm in the night and not all women can work in that format. To practice as a counsel, can even involve staying up all night to prepare an urgent draft or prepare for a matter. As a woman, it is certainly not easy unless she gets that support on all fronts. When I joined, women lawyers by number were much less and I greatly admire all those who were practising as Counsel in those days. Their struggle was a telling tale and I am greatly inspired by all of them. I could see the shift in mindset over the years, people starting to take women lawyers seriously and treating them at par with their male counterparts. Today I see the confidence in the eyes of clients as well as solicitors when they interact. It does not matter whether they have a woman counsel defending them as long as they know the gender would not create any difference. Now the ratio has greatly improved even in litigation, which sure is noticeable.
Starting your career from scratch after college, you faced challenges that many young professionals can relate to. Can you share some of the initial struggles you encountered and how you overcame them to establish a successful legal practice today?
Well what was a struggle for me was to break the myth that having a solicitor father helped me gain an advantage over my contemporaries. Although it did help me earn my first matter easily, but unless I performed, it wouldn’t have ensured the future briefs coming my way. In fact, I lost a couple of briefs when people learnt about my family background. It was an added pressure for me to conduct myself in a certain way. This made me apprehensive and I never went to anyone asking for a brief, not because I was too proud to ask for it but because I felt my work would be my identity. I believed if I worked honestly and sincerely I would get noticed. So from the end of 1st year in college, I joined the chamber of my senior Mr Hirak K. Mitter, senior barrister and every day after college hours, I used to attend his Chamber, work out briefs, make lists of dates, read judgments, make my own notes and attend conferences in matters where I wasn’t even engaged. That was a huge learning experience. For 5 years even my senior didn’t have much interaction with me. I would return home late in the night and break down at the dinner table. After seeing me attend his chamber every day for 5 years, with not a single break my presence was felt and also acknowledged. I earned my senior’s trust and confidence. At the end of 5 years, with my senior’s recognition, I started assisting him in heavy matters singlehandedly. Then from assisting him to appearing as an arguing counsel, it was a journey in itself that happened over the years.
In setting up your chambers, you’ve emphasized creating an environment where everyone can speak their mind. How do you foster such an atmosphere, and why is it important to you?
I always tell my juniors to read the facts well. Knowing where to find the law and how to apply a proposition of law would all come subsequently once the facts are mastered. Difficult law points are not always there in every matter. So knowing what are the facts on which law has to be applied, reading is important. To understand it better, a discussion and exchange of thoughts are important. In my senior’s chamber, my senior used to invite us to have a one-on-one participation in conference. That helped us think of different outcomes, options, and perspectives to a matter. Logical thinking and reasoning develop only when there is a conducive environment to air one’s views, without fear. If I see my juniors doing well and better than me, it would be a moment of great satisfaction. Knowledge is the only thing that grows with sharing, so I don’t keep anything up my sleeves. Whatever I learn and know, I believe in sharing that. At times I even find my juniors bringing up some fresh ideas on the table, so there are always new things that I even end up learning from them. It is important to give them that confidence since if they can speak freely to me they can address the Court better and fearlessly.
Having worked on various matters, including some high-profile cases, is there a particular case or experience that stands out as a significant turning point in your career?
There are about 4 or 5 such cases. Exposure to matters like the Will case of the Late Priyamvada Devi Birla, helped me learn a lot about mutual Wills, and testamentary suits. I was fortunate enough to get an opportunity to address the Hon’ble Division Bench at the request of the then Chief Justice J.N. Patel in this matter as the junior most member on the side of the Birla after all the seniors had finished their arguments. I was asked if I would like to address the Hon’ble Bench on what I understood of Administrator-pendente lite after hearing and assisting my seniors and copiously taking down notes during arguments for so many days. It was too overwhelming for me but I really enjoyed getting to address such a heavy matter for about half an hour.
Then addressing on behalf of RBI in the Saradha chitfund case was a great experience. I learnt about goodwill valuation and the company being sold as a going concern from handling the SST Media case which was regarding Kolkata TV. Learnt a lot about Thika Tenancy from the case of Fona Rubber, then came to learn about the Originating Summons suit from Thakurani Sree Sree Durga Mata Jew case where I assisted the late Mr. S.B.Mookerji. I learnt about misfeasance first-hand from the matter of Jamshedpur Cements which was reported in (2011) 4 CNH but my name was not reported. These are some prominent cases that come to my mind. My exposure in arbitration was through Shappoorji Pallonji vs Videsh Sanchar Nigam Limited which was a huge matter with a lot of intricate points. I learnt about liquidated damages and Hudson’s formula on the calculation of loss of profit first from this arbitration.
Your approach to technology is interesting, acknowledging its importance while maintaining a preference for traditional methods like reading physical books. How do you strike a balance between embracing technology and preserving traditional legal practices?
Change is the only constant. So we have to adapt ourselves to the changing times and technology. When we see other High Courts like Delhi and Bombay, most of the counsel prefer going paperless. They have their brief stored in iPads on liquid text, notes, judgments everything in the system. It’s fascinating. I am yet to go paperless that way as now I prefer micro-Xeroxing briefs in big matters but I do appear virtually in matters either for court appearances or conferences. Even arbitrations are being conducted virtually or in hybrid mode. This truly saves time and cost. However, when it comes to reading textbooks on law, I still prefer the touch and smell of the books. I also enjoy writing down points using pen and paper instead of iPad and good notes. But I accept the change with an open mind and also use iPads in courts at times. Research work has become simplified due to online search engines. But once I come across a case online, I take out my journal and read. I feel some things are to be preserved while accepting the changes.
As a trained classical vocalist and music lover, your interest in sketching with social messages is intriguing. Can you share a bit about your artistic side and how it contributes to your personal expression or advocacy?
Music is my soul. I have been in training since age 4. Nowadays I don’t get that time for Riyaz but I sing for my daughter now who has a musical inclination. My interest in sketching began only in lockdown when I discovered this new side of me. Whatever I sketch has a social message, starting from acid attack to saving nature. I even write a bit of poetry but that is purely for my own reading. The creative side of me is a gift from God and whenever I am sad or even happy I think I express it through either music or poetry. Creativity helps to channel my emotions and handle pressure better.
Looking ahead, you’re pursuing a mediation program. How do you see alternative dispute resolution methods like mediation shaping the future of legal practice, and what motivated you to explore this avenue?
I always prefer gathering knowledge. Mediation is a well-accepted ADR system in South East Asia, Europe and further West. India is slowly catching up. We have now the Mediation Act in force. There are mediation centers also attached to High Courts where matters are referred for exploring mediation. My interest cropped up when section 12A of the Commercial Courts Act, 2015, which mandates pre-institution mediation in commercial suits. Litigants are wary of mediation and we lawyers need to open up as well in embracing this mediation. Personally, I feel, if matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialised subject and I am the first batch pursuing 60 hours+ program under Indian Institute of Corporate Affairs. Certified Mediators with the right training can facilitate parties resolve their disputes while restoring relationships.
How does your involvement with the Robin Hood Army and your dedication to social causes enrich or influence your perspective within the demanding realm of your legal career?
I associated myself with RHA and signed up as a volunteer during a pandemic. Participating in the drives as a volunteer of RHA and then taking up other blood drive campaigns, and vaccination programs through tie-ups with Institutions helped me grow as a person. Now I do not get that time to act as a volunteer in the demanding realm of legal career but I do my own bit every now and then through Ramakrishna Math and Mission as well as other organisations. Doing pro bono matters for social causes like the Haemophilia Society or handling cases like acquiring land for Palli Mangal where women are trained and earn their own livelihood under Ramakrishna Mission order, are my way of giving it back to society.
Over the years, you’ve trained numerous law students as interns. Have you noticed any notable differences in the skill sets of students today compared to when you started your career? And in your training programs, what specific advice or guidance do you find yourself consistently offering to the aspiring lawyers of this generation?
In our formative years we used to work for learning. Now because of the change in society, students are keen on earning from day one. That is a noticeable change for sure.
I find today’s generation is quick in research, as they are all tech-savvy. But overall I find they are in a race against time. Quick recognition and quick fame are not lasting and anything of substance requires nurturing, perseverance and time. Whoever is willing to do that, would sure to taste success. This is usually what I keep telling my juniors and interns. There is no magic mantra and anything that is too easily achieved is short-lived, so as my Grandpa used to say- “Hard work first, hard work second and hard work last. If anything is left, it’s hard work again!” I try to live by that and aspire to be a better human being, living on my terms with my head held high and respecting and loving the institution of which I am a part of.
