Ma’am, please tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts.
Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?
General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.
Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?
Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly.
Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?
Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks.
What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?
Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.
Please tell us about your journey and how you ended up pursuing a career in law, particularly in the field of Intellectual Property Rights?
After college, I wanted to do medicine. But, due to some circumstances, I couldn’t do that and turned to law. I had seen some of my father’s friends as lawyers and was curious. So I took to law and joined practice at the District court. I had exposure to many common areas of law like conveyancing, land laws, contracts, arbitration, and even medical negligence. The medical negligence case really got me hooked on law. Then I got work on some trademark cases at my senior’s chamber (Mr Khaladkar) which lured me into the area of intellectual property law. Because IP was not so well known in District Courts, we came to Delhi to explore and understand this area bit better.
I realised that there are lawyers who specialise just in intellectual property law. As a green horn I wanted to absorb every bit of work that came my way – be it a trademark matter or any other. Eventually, I joined K&S Partners where I had the good fortune to work on very interesting matters including the Basmati patent revocation, turmeric patent revocation, neem patent revocation, etc. My knowledge in sciences came in handy in patent matters, be it drafting or developing arguments in court. So it was reinforced that IPR was the way to do it.
Soon in 2008-09 I set up my own practice. I then had the occasion to work on various important matters including the first ever compulsory licence that was granted in India by the Patent office. I continue to work on patent and other intellectual property matters and with new technologies, I think there will be many more opportunities for us to assist the court and development of law. It has been a very interesting journey and I really cherish every moment.
With a background in biotechnology, what led you to specialize in Intellectual Property Rights? Was there a specific experience or event that sparked your interest in this field?
As I mentioned, my initial years of practice were focussed on general law. It was deliberate, as I felt that one should first build a sound fundamental platform and from thereon, one can expand and deep dive into any specific area of your liking. That’s how I did a myriad of matters including cases relating to Urban Land Ceiling Act, banking, arbitration, conveyancing, medical negligence etc. All this made me look at different areas and open up new vistas. But I always wanted to use my science background and was looking for an appropriate area where I could put this to use. My senior’s chamber had some cases on medical negligence which were very interesting. In fact, there was a suit for damages against a doctor which was filed and it was my science background that helped us make comprehensive and incisive arguments that impressed the court and finally led to dismissal of the suit. Then we got a couple of patent matters – where again I had the occasion to assist the court with my technical knowledge. We won that matter also. All this fortified my belief that IPR is an area where my science background would inevitably be my Ace card and this area is what I should specialise in. Back then in 1995-96, generalisation was the trend and specialisation rarity. But the more I read about Intellectual property, the more I fell in love with the subject. And the love affair continues till date. Even today, I think, all that I know is just a tip of the iceberg. There is an undiscovered ocean and even a lifetime is not enough to master this infinite ocean of knowledge. You may say I was lured into IPR practice.
You founded Rajeshwari & Associates, a full-service IPR law firm specializing in various areas. What motivated you to start your own firm, and what were some of the challenges you faced during the initial years?
I was always taught that law is a service, a profession where one has ample occasions to serve the public at large. And I have experienced it first-hand. We had a case relating to a land dispute (partition dispute) and our client was a farmer from Aurangabad. He would dutifully come on each day of argument, sit at the chamber with folded hands and hope that we would be able to argue and win his case. He knew he has contributing nothing in terms of law- but that was his way of expressing his moral support to us.
Eventually, we won the case for him at the District Court. He was so elated, so happy that tears welled up in his eyes and he fell at the feet of my senior. We were literally “gods” for him!!!
Our whole chamber of 15 lawyers had worked day and night to research and develop arguments for his case. When we won the case and saw the expression on this man’s face, we as young lawyers felt a deep sense of satisfaction, a sense that we did something that impacted someone’s life positively. I cannot tell you the joy that we felt or express in words the feeling that we had. All our gruelling days of hard labour, the slavery, the torture by my senior just vanished with this one expression.
A week later he returned with two sacks full of potatoes and rice. That was the client’s way of paying the fee for the case. My senior also accepted it with grace and did not ask anything at all. Nothing was spoken but both knew what was going on.
This again reinforced that we actually did something good and our work was not academic. There were many such instances that had left an indelible mark and resulted in a firm resolve, that one day, I will have my own chamber where I will serve such clients and witness the happiness on their face. That is why, after serving in a law firm for many years, I started my own practice where I have complete freedom to decide which matters I should take up, when and how. I only wish I had done this much earlier.
Over the course of your career, you have achieved significant milestones in the field of IPR, including winning the first ever compulsory license for Natco and litigating the Glivec battle up to the Supreme Court. Can you share some insights into these landmark cases and the impact they had on the Indian patent landscape?
Both these cases that you mention have had a socio-economic impact. First – the compulsory licence case. That case was one where I and every one in my team had worked for days on end researching, strategizing, going back to the drawing board again and again. And of course, with the firm backing from our client Natco, we could make it. Our client’s mission was to make a life saving drug (sorafenib) available to the common man- to save a liver cancer patient from immediate death and extend his life by several months. It was about a big pharma abrogating to itself the right to choose who would live and who would die. The mission was so huge that we couldn’t help identifying ourselves with it and acting as catalysts. The case had its own share of challenges- like how to prove that the drug sorafenib sold at Rs. 2,80,000 by Bayer is not affordable ? There was no published article that profiles and analyses the income of liver cancer patients. So, we did a survey of such patients.
Then, came the simultaneous suit for infringement, and our counter-claim. The court in the infringement suit asked how we could argue that the patent is invalid and at the same time, ask for compulsory licence. The answer lay in the Patents Act itself – which carves out no exception as to who can challenge the validity of a patent and provides that non-challenge clauses in agreements are bad. Case law such as Lear vs Adkins (US) came to our assistance.
Then came the arguments before the Controller General – I was opposite a Senior Advocate Sudhir Chandra and he was at his shrillest best. Though I may not have matched the pitch in terms of decibels or stature, me and my team had worked equally hard to present a compelling case for grant of Compulsory licence which was ultimately upheld by the IPAB, the Bombay High Court and Supreme Court.
The Glivec case was also a device of strategy, strong technical arguments and arguments of public interest. Here, Novartis had been granted the first ever Exclusive Marketing Rights (EMR) under the Patents (amendment) Act 2002. Basis this, they were rightly granted injunction by the Madras High Court against certain parties. We challenged the EMR at the Delhi High Court on the ground that it was granted without hearing the affected parties, and without due notice. Novartis immediately filed a suit at the High Court of Bombay, being armed with the Madras High Court order. Our client was naturally jolted. I was told by my colleagues that its no use fighting the suit at the Bombay High court who is bound to grant injunction in view of the Madras High Court order. However, I was hopeful. We argued many issues including public interest. In fact public interest was a very strong argument in the facts of that case – the drug imatinib mesylate was to be given to CML (blood cancer) patients who were in their final stage. The cost of the drug as sold by Novartis was Rs. 1,10,00/- per month as compared to Rs. 6000-8000 of our client. We cited case law from the UK and other countries and argued various aspects of public interest. The court ultimately refused the injunction, and the primary basis is public interest. The judgement is reported as ‘Novartis Vs Meher Pharma’.
There was also the opposition to the patent application for polymorphic form of imatinib mesylate which opposition was allowed by the Patent office on the ground that the invention lacked novelty, inventive step and failed on the ground of section 3(d). This was one of the first ever cases where the Patent office had the occasion to explore section 3(d) and due to lack of therapeutic efficacy rejected the application. This was upheld by the High Court and Supreme Court.
Both are cases etched in my memory. Both are cases that have actually helped cancer patients. Something I have always wanted to do. The Glivec case is also important for the reason that it interpreted the scope of section 3(d) and it is that interpretation that we follow till date. The CL case had interpreted the CL related provisions of compulsory licence that were hitherto considered ‘academic’ and near impossible to achieve.
As an arguing counsel at the High Court of Delhi and the Supreme Court of India, you have represented clients in patent and other litigations. What are some of the unique challenges and opportunities you encounter when arguing before these higher courts?
It is a very interesting and challenging life as an arguing counsel. Firstly, we argue matters on the basis of instructions from the instructing lawyers and basis their briefs. Sometimes their pleading lacks some of the most basic or crucial points that one may need for arguments. But still, we have to make do, plaster the pleading and make out a good case. Second, many times, the briefing counsel is not up to-date with the latest developments in law – resulting therefore in bad planning or taking incorrect steps or filing unwanted applications which may get rejected by the court. Obviously, the instructing counsel and more so -the client are puzzled as to what happened with the outcome. Third, I find that people just show clients a rosy garden which is bit different from real life. So again when I tell them that their case has certain flaws, they are not very happy. Fourth, some people feel that once a brief is handed over to a senior, their job is over- it is actually the start of the process. As a result, our team has run the extra mile to make sure we have all the tools and ammunition to do well in the court.
Arguing a matter in court may sound and seem quite glamorous. But behind these glamor filled moments are hours and hours of hard work which of course, is behind the scene and goes unnoticed. It’s with every lawyer.
But at the end of the day, if we achieve a good outcome, every midnight oil burnt is worth it and we will do it a hundred times over.
You have been recognized as a visionary in the domain of Intellectual Property Rights. How do you stay updated with the latest trends and dynamics shaping the intellectual property landscape, especially in developing nations?
It is very important to stay updated not only with cases of Indian courts but also of courts in other countries as it gives an idea of the trend. It also gives an insight into what was argued and how the argument was received by the court. So I try and keep case-law reading for weekends or anytime that I find free. I don’t like to waste time and I try to utilise in catching up with case law or technology. The only way to stay updated is to allocate time and in disciplined manner keep reading. I also get invited to do podcasts or talks at various places on various subjects – that also keeps me on my feet. Sometimes we have discussions with groups. All this helps. But self-reading and staying updated is indispensable.
As a TEDx speaker, what was the topic of your talk, and why is it important for you to share your insights and knowledge through platforms like TEDx?
I am a follower of TED talks and have been greatly inspired by these talks. I was very excited to be invited to give a TEDx talk.
So I thought, I should speak on a topic that would be helpful to one and all- courage and conviction, Its about having the courage to pursue your path despite the negative talk around, despite the discouragement. I think in life as well in any profession, there is a need to pursue your objective or goal with all your might, complete perseverance and passion. There will be obstacles but if you are determined, nothing can stop you. But the determination must be strong and unshakable.
We have been taught these principles and most of us do apply them in our daily lives and surely do practice them. But it is important to keep reminding ourselves of these principles from time to time so that we stick to the chosen path and don’t deviate. And what better example than our own experiences.
With burgeoning information on the internet, today’s youth wants to do something, but is often confused or even discouraged if they do not instant success like instant Maggi.
Hence I talked about my experience, about how I had debilitating injuries and despite that, I managed to survive and move on, rather than mourn over what was lost. I felt that if I could inspire at least one person, I can say, it’s a good beginning.
You have authored several articles and are a regular speaker at conferences and seminars. Can you share some of the key messages you aim to convey through your writings and speaking engagements?
I have been writing since a very young age. Most of my speaking assignments at conferences and seminars are IPR or other legal topic oriented. Hence through these sessions, I try to spread knowledge – the knowledge that I have gained so far. I think that people attending any session on any topic should find it a good investment of time and effort- and as trainers or speakers it is our responsibility to ensure that their time is well spent. So I usually prepare and try to ensure that whatever topic I speak on throws some new perspectives and the audience is able to gain knowledge. Knowledge is gained by spreading not by keeping it locked.
Recently, I have authored a chapter on Trade Secrets and it is published by Chambers in 2023. You will find the link at https://practiceguides.chambers.com/practice-guides/trade-secrets-2023/india/trends-and-developments. The chapter summarises the position in India regarding trade secrets. It gives an insight into the existing law and the remedies available within the current framework.
Surely, with technical progress, everyone would be impacted especially companies and institutions. Its high time we enact a comprehensive law on trade secrets and law should protect confidential information in whatever shape and form. Right now, we have several judicial precedents to protect confidential information. While we are quite successful in protecting breaches of confidentiality by employees, it is always helpful to have a legislation as it imposes confidence in business owners and enables framing of appropriate policies to protect such information.
With your vast experience in the field of IPR, what advice would you give to fresh graduates who are aspiring to pursue a career in law, particularly in the domain of Intellectual Property Rights?
For fresh law graduates, I would advise that they should initially try all kinds of practice areas. Gain knowledge and not look for instant money. This is a profession not a money spinning business where one expects ROI from day one or year one. It’s a profession, a service to the public. Money will come, slowly but surely. Knowledge is king.
So one should practice in lower courts, gain experience in courts, tribunals, working or training with solicitors as well as in-house counsels and having gained a general perspective, then, make up your mind whether you want to do litigation or something else. Its each for himself. In this profession, hard work is the only currency that may get you somewhere. There no short-cuts; so one has to have patience and keep working at it. You would attain your gaol sooner or later. If you choose litigation, it is surely a hard life. Even a solicitor’s life is not as simple as you think – every field will have its own twisted path. But one has to enjoy the process, enjoy the profession, satisfy yourself with the happiness and smile that you may bring on someone’s face. That’s the glory and gold coins this profession offers.
Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector?
I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.
Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.
In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms.
With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?
Well, there are many such assignments, but to name a few that come to my mind right now – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.
You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?
Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.
2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.
What made you move from an in-house counsel to a law firm in Pune?
Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice.
What according to you is the difference between an in-house legal role and law firm experience?
Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.
Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work, perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune.
As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?
I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!
Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector?
I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements.
My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers.
To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!
What inspired you to establish your own law firm? What challenges did you face in the initial stages?
After completing my LL.B. I joined the chamber of Sr. Advocate C.A. Ferreira was the then Assistant Solicitor General of India practicing before the High court of Bombay at GOA. Working with him in actuality, triggered a thought to have a settled practice like him and to establish a law firm. Before starting my law firm ‘Matlane & Grewal Legal Associates LLP’, the journey of 10 years as an individual advocate was not so easy. There were many difficulties as theoretical knowledge is completely different from the practical procedure. In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well. As an advocate you will learn new things on a daily basis. When you start your practice as an individual advocate at a very young age is not such an easy task. Profession of advocates used to be considered as the profession of old ones and not of youngsters. I do remember on completion of my 6 months internship with Ferreira sir, I shared my views to start independent practice with my family members, frankly, telling no one was so convinced with my thought to start an independent practice as everyone thought I don’t even know the ABCD… of the complete court procedure. Many said ‘do you know how to draft a case? How would you give consultation to your client? What if you lose the case? You should spend at least 5/7 years with a senior advocate then only you can practice independently, Bla bla ssss…..
But it was my Guru/Mentor Mr. Vikas Lathar (Professor of Govt. College of Safidon) and my mother who always trusted and had faith in my abilities. They both supported me to start my journey and see I am here today before you.
To have a reputed own law firm was always a biggest dream of mine. Many times I spoke to my husband about my dream to form a law firm. My husband Navdeep Singh Grewal, who is also a part of our law firm, encouraged me to establish “Matlane & Grewal’s”. Working as an independent advocate and running a law firm is completely different from each other. As I am a fast learner and love to explore, I feel that working as an independent practitioner is restricting the growth, learnings and controlling the case types. But a firm can become one roof to offer all legal services. Hence, ‘Matlane & Grewal Legal Associates LLP’ came into existence.
Team of our law firm works passionately as a single soul without compromising on professional ethics. Our Law firm is growing by giving growth to our junior advocates as well as to our interns. ‘Different brains and different abilities will work together and will grow together’, with this mind set up I have started my own law firm.
With almost 10 years of experience in the field of law, what have been some of the most memorable cases or achievements in your career? Could you share a particularly challenging case that you successfully handled?
If I tell you the truth , my every case is unique and definitely, I have achieved and learnt something or the other from my every single case during this decade. There are many and all the cases on which I can share working experience but as you know time is limited and I can’t go on…. But I can Yes still, share my such a memorable and wonderful experience in my 2 cases which are very much close to my heart. The first case is of property case i.e., the Second Appeal filed before the High Court of Bombay bench at Aurangabad and another was a criminal case filed by the parents against their son. I personally feel both the cases were difficult for me to handle. As in both the disputes the emotions of parties were ultimately affected. I won a second appeal and it was a reportable judgment. My client got his disputed land back after spending his 30 years of life in court. The matter earlier was handled by many lawyers but when it came to me and after filing my VP on record, I ended the matter in just 1 year. And winning a second appeal is itself an achievement and a milestone in one’s legal career. Talking about my second case, this was a criminal application for maintenance filed by the 80yrs old age parents against their 55yrs old son. The parents just filed the application to see their son due to courts dates as he was separated from his parents due to past fights and all… when on the first date of the court hearing I tried to reconcile and I succeeded , you know what the 80yrs old parents said me, ‘ beta, tum humare ghar me humari devi maa ban ke ayi ho, tumhari wajah se humara bichda hua beta hume wapis mil gaya.’ The matter ended happily and the parties are still living a happy family life.
You mentioned being highly effective at developing creative case strategies and writing persuasive briefs. Could you share some insights into your approach and how it has contributed to your success in the legal field?
Yes, we have effective strategies and we do adopt the same strictly while dealing with the cases.
Firstly, we are good listeners. We listen peacefully to our clients and we believe in transparency and keeping client’s secrecy. Secondly, we guide and consult them according to their legal requirements and as per available legal provisions. Thirdly, we draft our case patiently and appropriately as per court guidelines. Fourthly, we prepare our strategy to have effective cross, chiefs, arguments, etc. we prepare our whole case before filing it in actual before the court. Fifthly, we keep on doing research on landmark cases. Simply, we keep updated our knowledge on a day-to-day basis.
The legal field is known for its dynamic nature and ever-changing demands. How do you stay updated with the latest developments and ensure that you can adapt to the evolving legal landscape?
As we are the generation of the 21stCentury and as the technology is developing and upgrading rapidly. Being a law practitioner, we too adapt and adopt the use of technology and for the same my husband cum my firm partner always supports us to maintain the balance between the old practice era and use of new technology.
To stay updated with the latest developments I do read newspaper on daily basis and also, we have opted for several paid subscriptions and applications for the same. We follow SCC, MANUPATRA, INDIANKANOON, DIGILEGAL, ETC., We are also very much active on social media.
Could you share any valuable lessons or insights you have gained throughout your career that have contributed to your professional growth and success?
For me my success mantras are: keeping legal knowledge updated, being truthful to your profession, ethical to your clients and consistency in your working and learnings, time management, team management, leadership and last but not least knowing the basic laws deeply.
How have public speaking skills helped you in your legal practice? What tips would you give to aspiring lawyers who want to improve their communication abilities?
I’m a very talkative person. and this has always helped me to make a bridge between me and my client. With ability to have proper communication, my client never hesitates to share his/her problems with me, no matter how the situation is worsened or the facts are sensitive. To improve the communication skill, one should have good vocabulary, one must know our basic laws and principles, keeping updated knowledge and lastly read, read and read. Reading always helps to grow vocabulary and knowledge.
Lastly, what message or advice would you like to give to fresh graduates who are considering a career in law? What qualities or skills do you believe are essential for success in the legal profession?
It is the only law which ensures and gives the balance to live a happy life. Every single individual should know their basic and fundamental rights. Our Constitution has always safeguarded us in every manner. At least one member of every family should have a person from the legal profession. To pursue a career in law, according to me skills such as being a hard worker is not the only key. But you should be smart enough. You must have the ability to take the risk factors. Your confidence should be greater. You should keep your legal knowledge updated always, you should be a public speaker, multitasker and presentable and definitely you should be tech savvy.
Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?
I belong to the family of lawyers. I am a third generation lawyer. My grandfather Sardar Kuldeep Singh started his practice from Lahore High Court and after 1947 he continued the practice in India. Thereafter my father Mr APS Ahluwalia Sr. advocate started his practice in 1971. Our chamber is almost a hundred years old in the legal profession. In order to continue the legacy I chose to be a lawyer. I qualified LLB in 2004; and after qualifying LLM from Cardiff University, United Kingdom in international corporate laws, I joined JSA in the team of general corporates and capital markets. I did many private equity transactions and IPOs during my three years experience at JSA. But my love for litigation had never ended. I always used to see the working of litigation lawyers at Ahluwalia Chambers that always fascinated me. Someday I had to make a decision to join my family office, to continue and pursue the legacy left behind by my grandfather. So I joined my father’s chamber known as Ahluwalia Chambers.
You have extensive experience in various areas of law, including commercial arbitration, corporate commercial and contract law, media-entertainment, property & succession laws, banking and recovery laws, fraud and white-collar crime laws, and constitutional disputes. How did you develop such diverse expertise, and what attracted you to these specific practice areas?
I have almost 19 years of experience at the bar. As a lawyer, I have always learnt that one should never try to focus on a particular subject in the initial stages of practice. With the advantage of joining a family chamber I tried working on every case as and when it was required and it is required. According to me a lawyer is always a student of law who has to learn from everyday experience in the court. Having said that, the lawyer has to look for the opportunity to appear in as many legal issues which helps him build his practice and experience at the Bar. It is this experience by working on various legal issues the judicial mind starts working which is also the building of the court craft.
Throughout your career, you have represented clients in the Hon’ble Supreme Court of India, Delhi High Court, and various tribunals and appellate authorities. Can you share some notable cases or achievements that you are particularly proud of?
According to me every brief on the Advocate’s table is important. But at times there are certain cases which are labelled as landmark judgements. This experience is always in the career every practising advocate. This also helps in building a in him/her a true lawyer and a confident practitioner. Some of my noted judgements in which I had been able to get legal points establish as precedents such as Arun & ors. Vs State, NHPC vs. Patel L&T JV, Brig.Dhir vs. Parsvnath Developers Ltd, Aroon Purie vs. OP Bhola & Ors. ; IFCI vs Ceylon Biscuits, Sunil Sikri vs GHPS & Ors., Hargovind vs. State; And few more. But I think that every case has always been very important to me and I always try to put the best of my abilities. As an advocate, I am first officer of the court to assist the court for adjudicating the dispute. It is my duty that I do put the case before the court to achieve the success for my client. We can’t be emotional to any brief. To get the justice, an advocate is duty-bound to his client to do justice with his brief.
You have represented a wide range of clients, including statutory bodies, PSUs, private limited companies, and infrastructure companies. How do you approach representing different types of clients with varying legal needs and challenges?
Chamber practice is very different from the corporate firm practice. As a litigation lawyer. We don’t approach the client. The clients look for the lawyers suitable to them in the market as per their requirement. I also believe that good work is always recognised in the commercial world. There is always space for everyone but abilities are to be shown. Under the Advocates Act we have many restrictions. Primarily we cannot advertise ourselves so the only way to make yourself recognised in such a huge competitive world is to perform to the best of your abilities and the client will definitely follow. To some extent, networking and word of mouth by friends and existing clients also helps in building up the client base.
As an advocate, you have been involved in high-stakes disputes involving substantial sums of money. Could you share some insights into handling such complex cases and the unique challenges they present?
Every case has unique facts and legal issues involved. Not only that every case has its own line of action irrespective of the stakes involved. The sum of money doesn’t matter, what matters is the resolution to the problem. So as an advocate we have to get into the complexity of every dispute with the existing precedents. Without the application of proper law, it is not possible to convince the court. The most difficult challenge arises when the opposite lawyer is a senior advocate. Although it’s a learning experience, at the same time, it becomes more challenging to contest against someone who is designated by the court as a judicial expert. Nevertheless, such challenges help in making you a hard-working and laborious lawyer.
Apart from your litigation practice, you also have experience in legal drafting and have several reported judgments to your name. How do you balance the different aspects of your legal practice, and what skills are essential for success in both litigation and legal drafting?
A good drafting skill is inevitable for an advocate. Until and unless he/she doesn’t have the skill of putting the case properly in the pleadings, it is not possible for an advocate to put it before the court. Drafting and arguing are related to each other. Both the skills are learnt with the experience. There is no automatic or quick route to it. While preparing the case always remember to refer to the statutory provisions and the settled law. It is very important that a lawyer should be very conscious about each and every fact before preparing the pleadings. At the same time, this experience also helps in drafting, legal opinions, contracts and other legal documents.
You have been recognized for your professionalism, ethics, and pragmatic legal advice. Can you share some strategies or principles that guide your approach to client representation and legal advocacy?
I think it is discipline. I have inculcated discipline while looking at my father; and the ethics he follows in the profession. It is very important that we always follow our respected seniors at the bar. They are the real mentors for the budding lawyers. Their experience guides us to become a good lawyer as well as the officer of the court. It is from that experience, I have learnt that I should always be honest to the client. False promises are always dangerous. Be true to your brief and guide the client within the legal perspective.
Being appointed as amicus curae by the Hon’ble High Court of Delhi and serving as Standing Counsel for Delhi High Court Services Legal Aid Committee, you have been involved in civil and criminal cases from a broader perspective. How has this experience shaped your understanding of the legal system and the role of advocacy in promoting justice?
It is very important as an advocate to serve the society. India is a huge country with various kinds of people in Indian society. As the litigation has become expensive. At times it is difficult for everyone to afford lawyers, especially good lawyers. The legal aid provides legal services at free of cost to the citizens who are not able to afford litigation. While working as a legal aid lawyer, it made me realise the sufferings of the needy. I also got the opportunity to appear in a variety of issues before the Hon’ble High Court. It is the true experience, where you put forth the case without any financial interest and that’s the passion needed in you to provide the best of the output. It gives immense satisfaction and of course the appreciation of the court.
As an advocate, it is an honour to be appointed as amicus curae. It is an opportunity for assisting the court as its friend. Any kind of assistance given by the lawyer is always appreciated by the court. So it is important to give the best as Amicus.
Given your vast experience and knowledge in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?
I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline. Success in the legal profession is not overnight. My father always says that the youth of the lawyer is lost on the table. Spend maximum time reading the latest judgements, and update your knowledge. Always prepare the brief well in advance. While entering the court, a lawyer should always be ready with brief. Avoid seeking adjournment because every hearing is an opportunity. Always sit in the courtrooms and attend the court proceedings attentively.
Lawyer needs to have patience in order to establish himself as a litigation lawyer. This might lead to difficult days as well but the passion and sincerity towards the establishment of practice is the only driving factor for a lawyer. It is important that young lawyers should encash every opportunity and should not refuse any brief for the sake of fee.
It is important that a lawyer is socially strong. From the very first day while entering the profession Start working to Develop your goodwill amongst the members of the bar. Young lawyers should be respectful to the seniors and the court because one day you will also become a senior member of the bar.
Lastly, with your involvement in legal conferences and your contributions to various media publications, could you share some insights into the importance of staying engaged with the legal community and sharing knowledge with a broader audience?
Indeed, it’s a wonderful experience to share knowledge at conferences, not only that by listening to other speakers we also gain knowledge. Legal conferences also help you be introduced to potential clients. It also helps in building your social network. The client building process is very gradual- out of sight is out of mind. So it is necessary that an advocate continues to show his existence by way of writing articles or attending legal conferences as and when the opportunity is given.
Get in touch with Sukhamrinder P. Singh Ahluwalia-
Please tell us about your educational background and the path that led you to pursue a career in law, particularly specializing in competition law?
I have always had a keen interest in economics and competition law. I studied an optional paper on competition law while pursuing B.A. LLB (Hons) at Hidayatullah National Law University, Raipur and participated in a few antitrust law moot court competitions. I graduated in 2013. During the first couple of years post my graduation, I was working across general corporate and project finance. But even during this period, I was closely involved in adjudicating competition law moot court competitions and academic writings related to the field. So eventually, I decided to pursue a specialized post graduate degree course in competition law in order to switch to this practice area.
What motivated you to focus on competition law, and how did your LLM in Competition Law from King’s College, London contribute to your expertise in this field?
As I mentioned, I was always interested in competition law as an academic stream and a practice area. I had interned in various competition law teams during my undergraduate degree and I had worked with the alumni from King’s. I also researched about the faculty in various universities offering an LLM in Competition Law and the faculty at King’s seemed to be a remarkable group of full time academicians, practitioners and ex-members of competition regulators from various jurisdictions. I had an offer from a few other universities in London and in the USA, but I ultimately decided to go to King’s. I would always encourage people to check the particular department they are interested in before deciding on a university, as this is directly related to the kind of exposure you would get and the type of people you will be networking with. This will decide the kind of opportunities you will likely encounter post your degree. Given the diverse academic and professional background of the faculty at King’s, I feel studying at King’s not only offered me a good insight into the practice of competition law in mature jurisdictions like the UK, EU and USA, but also helped me understand varied perspectives on the subject – that of academic scholars, practitioners and people who had been involved in policy making. Such understanding and exposure helps shape your own approach towards the practice area and definitely contributes immensely to your learning curve.
Could you share some of your experiences and highlights from your work as a Partner at P&A Law Offices, especially in the area of merger control? What are some notable cases you have worked on and the outcomes you achieved?
I have had the opportunity of working on some challenging combination filings as well as gun jumping cases, during my stint at P&A. One case that stands out is the Amazon-Future Retail case, where the Competition Commission of India (CCI) has passed an order keeping in abeyance an approval granted by it more than two years ago. This case is currently pending in appeal before the Supreme Court. It is one of the most interesting and challenging cases I have worked on not only because it involved a lot of economic analysis during the filing and review of the notification itself, but also because it involves a lot of important questions around the interpretation of the CCI’s powers of review in relation to combinations and the threshold for establishing a case of gun jumping and non-disclosure or misrepresentation in combination filings.
In the field of enforcement and litigation, you have represented major companies like Tata Steel and Amazon. Can you discuss a specific case where you successfully defended a client against allegations of cartelization or unfair trade practices?
I have personally worked on a cartel investigation against the Bearings Division of Tata Steel and I would consider that case to be a success as well, because despite the fact that the investigation was initiated on the basis of two leniency applications, no penalty was ultimately imposed on the opposite parties. It was quite an interesting case as it involved a lot of economic analysis of challenges faced bythe industry as such as well as examination of the evidence on record to prepare our defense. I have, in the past, successfully represented Amazon in some informations that were dismissed by the CCI at the prima facie stage itself. However, with the shift in regulatory focus since the publication of the market study on e-commerce in India, digital markets are facing increased scrutiny and it is immensely humbling and rewarding, at the same time, to have the opportunity to work on cases which will set the regulatory standards for e-commerce in India.
As an advocate, you have also been involved in coaching and adjudicating various moot court competitions. How have these experiences shaped your understanding of competition law and its practical application?
I have always believed that the learning of law transcends the classroom and moot courts are definitely one of the best ways to achieve conceptual clarity and test your skills of interpreting the law. This is more so in the case of Indian competition law, as the regime itself is barely a decade old and the body of jurisprudence is still evolving. And given the underlying economic and commercial analysis that is inherent to this field of law, mooting can certainly provide budding competition lawyers with the necessary skillset of legal analysis, research, procedural nuances and interpretation which can help them in the actual practice of the law.
Apart from your legal work, you have also published articles on topics related to competition law and commercial dispute resolution. Can you briefly discuss the key points of one of your publications and its significance in the context of the Indian legal landscape?
I think one of my first publications in the field of competition law was an article on the approach taken by the CCI in 2015 in relation to online marketplaces like Amazon, Flipkart and Snapdeal and highlighted how the CCI affirmed the principle that competition law is for the protection of the market as such, and not individual competitors. The e-commerce sector was still evolving at that time and the regulatory intervention was limited. In fact, it is serendipitous that my dissertation during my LLM was on merger review standards for multi-sided platform markets and I eventually went on to work on such cases involving digital markets. And now the regulatory focus is changing in light of the evolution of e-commerce in India in the last few years and the need of the hour is to balance the incentive for innovation while protecting competition.
In your opinion, what are the emerging trends and challenges in the field of competition law in India, and how do you think the legal profession can adapt to these changes?
I think these are some exciting times for practitioners of competition law, given the review of the last decade of enforcement of the Competition Act and the new amendments that have been introduced (and some of which that are yet to come into force). Both the merger control regime as well as the enforcement regime are set to undergo significant changes, both procedurally as well as substantively. Recent and proposed changes such as the introduction of confidentiality rings, green channel combination filings, settlement and commitment mechanisms, etc. are yet to be tested on ground, against the unique Indian commercial reality. This is already making businesses as well as legal practitioners recalibrate the conventional approach that was carefully developed over the past decade. I think the only thing that any legal professional (not just competition law professionals) can do is to be open to new learnings, think outside the box and adapt to the changing regulatory landscape. Learning is always a continuous process in the legal profession and that is the way to cope with evolving legal systems.
Can you share any memorable experiences or lessons you have learned throughout your career that have had a significant impact on your professional growth?
I believe you can always find something to learn from every new case and from every new person that you come across. It’s tough to choose any one experience which has shaped my professional growth. But if I have to cite one instance, then it would probably be working on a writ challenge that we had filed on behalf of a client against an ex parte prima facie order issued by the CCI, directing an investigation against our client. We were before the Karnataka High Court and Mr. Gopal Subramanium was leading us in the matter. The admission stage hearing went on for three consecutive days and we eventually got an interim stay. But those three days were harrowing as well as exciting. I personally believe, that I learnt the most – in terms of statutory interpretation, legal analysis, preparing for briefings and just a general sense of grit and resilience that this profession demands. Of course, working with Mr. Subramanium is a cherishable experience in itself. But I believe those three days shaped not only my knowledge of law but also my work ethic itself.
What are your future goals and aspirations in the field of law, and what steps do you plan to take to achieve them?
I have always admired the confluence of academia and practice in the education system abroad, in countries like the UK and USA. Being taught by both practicing lawyers and academics certainly gives you a more holistic perspective of the subject you are studying. I don’t see that as a very common practice in India and I personally, would like to get into academics at some point, along side my practice. I have been involved in a few guest lectures from time to time over the last couple of years, but I would like to be more involved in academics going forward. For which I need to manage my own time better, and I guess I shall focus on that this year.
Finally, considering your extensive experience in the legal field, what advice would you give to law students or fresh graduates who are interested in pursuing a career in competition law?
It is a challenging as well as rewarding area of practice. While it can be exciting to be a part of a niche practice area and an evolving system of jurisprudence, it can be equally challenging, as it will push you to push your own boundaries. While an LLM/specialization in this subject will help you connect with like-minded peers and professionals, it cannot replace hands-on learning. As I have said earlier, the learning curve is much steeper outside classrooms – in moot courts and internships. So if you are interested in this area of practice, you should focus on building your publications in this subject, participate in moots concerning this subject, intern with competition law teams to acquaint yourself with the law as well as individuals practicing this law.
Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?
Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law.
The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.
With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?
While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.
As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?
Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.
You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?
Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.
In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?
I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give.
As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?
Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members.
I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines.
Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?
Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue.
Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?
ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better.
Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.
Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.
Sir, can you elaborate about your educational background and how it influenced your decision to pursue a career in law?
I was born and raised in Ayodhya and I did my schooling from there itself. In an initial part of my career I was keenly interested to enter medical profession therefore after passing high school in 2009 I opted for science stream and started self-preparation for medical entrance examination. Thereafter after passing intermediate in 2011, I sat for medical entrance examination but I couldn’t clear the same. In the meantime my sister Diva Devarsha (NLU Jodhpur Graduate, currently working as Principal associate in Economic Law Practice Mumbai) inspired me to pursue law as a serious career option and prepare for various law entrance examinations as it requires similar dedication and hard work as compared to medical profession. On lighter note I would like to share that during my teenage days while traveling to my school I used to take one short-cut via District and Session Court, Faizabad (now Ayodhya) so I used to pass through various courtrooms near to which various staffs, police personal and litigants use to chit chat between each other but I was always having curiosity to know that what exactly used to happen inside those courtrooms so subconsciously in the back of my mind this acted as a fuel to my leap of faith to opt law as a career option. Thereafter finally after proper consultation with my parents I decided to start self-study for pursuing law as a career. Fortunately after one year of sincere dedication and self-study I qualified various law entrance examinations across the country. Being new to this legal field I was always craving for proper guidance and practical exposure for witnessing application of law in courts & administration. This inspired me to join the Faculty of Law, Jamia Millia Islamia, New Delhi to pursue my legal education as it is India’s finest Central University and it is situated in the Heart of Delhi which is the best place to get all kinds of exposure required for a budding lawyer.
You have interned at different organizations during your education. How did these internships contribute to your overall growth and understanding of the legal field?
Whether it was my MHRD IPR Research Associate work in collaboration with IIT Madras, SEBI’S (Headquarters) Legal Team, Greenpeace Pune, HRLN Delhi or in the Direct Tax team of Lakshmikumaran & Sreedharan, Delhi. I always believed that the more exposure I will get after working as an intern for these prestigious organizations the more clarity I will get while finalizing my stream in the legal profession. Here I would like to emphasize one of my major internships which was in the winters of January 2014 when I was interning under AOR, Sudhanshu Chaudhari in Supreme Court. I witnessed Late Sr. Advocate. T.R.Andhyarujina making submissions before the Hon’ble Supreme Court in one of the matter their I got so much mesmerized by his way of speaking, legal knowledge and humility that on that day itself I made one internal conviction that after passing my law school I will be pursuing litigation as my career option. In the similar fashion Late Sr. Advocate Ram Jethmalani and Sr. Advocate Fali. S. Nariman gave me inspiration to pursue litigation as my career option.
Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?
My primary role as an Advocate on Record is to properly safeguard my client’s right and prepare my case file considering all the facts and legal provisions mentioned in the impugned order or the corresponding proceedings of any other forum. I usually handle civil, criminal and commercial, white collar matters in the form of Special Leave Petitions, Writs, Transfer Petitions, Civil and Criminal Appeals. Further my duty is to properly draft the matter , if required then briefing matters to the Senior Advocates, preparing Argument note with proper precedents, handling of Chamber and Registrar Courts and making proper submissions before the Hon’ble Supreme Court whenever the case demands.
In your previous work experiences, you have dealt with a wide range of legal matters, including civil, criminal, commercial, white-collar crimes, and more. How do you manage such diverse cases, and what challenges do you face in handling them?
Being a first generation lawyer I am able to handle a wide range of legal matters which includes civil, criminal, commercial and white-collar crimes matters. Here I would like to emphasize that it only got possible because of proper guidance by my mentors (AOR Mr. Deepak Parkash and AOR, Pallav Mongia) in my initial years of this profession. I always believe law as a profession and precisely litigation requires serious discipline, dedication and perseverance and for that every successful lawyer has to have one or two antidotes to overcome the challenges of this profession. My antidote of multitasking with proper planning, deadlines, documentations, research, client discussion with my team members and mentors before working on any matter helps me to counter a wide range of legal matters with its complexities.
Can you share a notable case or project that you worked on, which had a significant impact on your career? How did it shape your perspective or approach to law?
I have worked on many landmark cases listed before the constitution bench of the Hon’ble Supreme Court of India which includes Data Localization matter , Ayodhya Land Property Dispute (Ram Mandir matter ) , Land Acquisition matter (Indore development authority matter ). But the matter which had a significant impact on my understanding or approach towards the application of legal procedure altogether is the Gain Bitcoin matter. Unfortunately I would refrain myself from further elaborating about this matter as it is still sub judice before the Hon’ble Supreme Court of India.
Could you discuss any workshops, conferences, or moot court competitions that you have participated in? How have these experiences helped you grow as a legal professional?
Yes, in my law school days I used to participate in various workshops, conferences and moot court competitions. But the most memorable experience I had was while preparing and participating for India Rounds of 56th Philip C. Jessup International Law Moot Court competition held in the year 2014 as this is a very special and prestigious moot which requires extensive research and preparation before participation. Though we as a team were unable to qualify for the world rounds of this prestigious moot, this moot gave me a very in-depth understanding of International Law including its inception. As a legal professional this made me explore various research tools and methodologies which till date help me in my various matters going on at different forums.
You have been involved in various extracurricular activities, such as legal literacy programs and discussions with media persons. How do you balance your professional and social responsibilities?
Whenever I get free time in this profession I love to devote myself to fulfill my larger life goals of doing something for society at large which includes legal literacy programs, engaging in social work for downtrodden strata of the society and participating in various discussions on social issues and issues of national importance. The only passion which drives me to do all these extracurricular activities is to give back to society its due as many selfless people helped me during my struggling days when I was a budding lawyer.
What advice would you give to fresh graduates who are considering a career in law? What are some key lessons or insights you have learned along your journey that you would like to share with them?
Being a first generation lawyer I will be very blunt in advising all the fresh graduates who are considering a career in law that you will not get bed of roses in the initial part of your years and you might also face many ups and downs but with proper discipline, hard work and perseverance you can melt the mountains of challenges coming in the path of your professional journey.
Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property?
My journey of law began in 2010, when I got admission into Dr. RML National Law University, Lucknow. I was never particularly driven towards becoming a lawyer but was rather fortunate to “crack CLAT” owing to my academically sturdy graph throughout my student life. Without having any legal background or bent of mind, IP captivated me as a subject due to my musically wired brain and the brand conscious inner me. To my benefit, our IP professor in university made lectures fun and stimulating. Given my passion for music and quest for brand identification, pursuing IP-centric internships and choosing IP as a career path was a natural corollary.
Ever since my graduation from college in 2015, I’ve been associated with Sujata Chaudhri IP Attorneys, a Noida-based IP firm and have been challenging myself to keep up with the changing pace of IP every year. Today, I advise and act for clients on all aspects of brands and their protection, including their registration, management, exploitation and enforcement, as well as copyright and design prosecution.
You have worked with both Fortune 500 companies and start-ups. How does your approach differ when advising these two types of clients on aspects of brand protection?
IP, in my view, is an area of law where all sizes and types of businesses/services require handholding. Right from startups to well-established and multi-national corporations, protection of human intellect holds utmost importance and deserves to be protected and cherished.
While the practicalities surrounding the functioning of a Fortune 500 company and a start-up differ drastically, the applicability of the fundamental principles of law remains the same. Stepping into the shoes of the brand owners and understanding their current and future business needs is where the distinction in one’s approach to a matter really lies. While start-ups, generally speaking, are cost conscious and pick their battles wisely, it is imperative for lawyers to appreciate that every organization, irrespective of size, scale, funds, etc. has different priorities at different points of time. What may work for a Fortune 500 company may also, unlike the common perception, work for a start-up. Ultimately, it boils down to addressing a client’s needs in the most cost-effective and meaningful way.
What, in your opinion, are the attributes that set IP lawyers apart from the rest.
Creative thinking and having an eye for detail (having an OCD actually helps!) while juggling multiple matters. Research and writing skills go without saying, whether or no IP!
With your extensive experience in handling trademark portfolios, oppositions, and domain name disputes, could you share some notable challenges you have faced?
Statutory deadlines are absolutely sacrosanct in an IP attorney’s career. Missing one could cost you a client! Time is of utmost essence in a trademark lawyer’s day-to-day life. Those who can’t keep up with the pace might fade away…
Some of the other challenges faced by IP lawyers revolve around the functioning of the Controller General of Patents, Designs & Trade Marks (CGPDTM). While the Trade Marks Registry and the Copyright Office have come a long way since I started practising in 2015, loopholes in the functioning of the offices, both due to administrative and technological reasons as well as inconsistency in stands taken by different officers, are bothersome and difficult to explain to clients. Being aware of the happenings in the offices and getting insights from friends and officials always helps appreciate situations better. My experience of filing complaints before the National Internet Exchange of India (NIXI) has been fairly smooth. The office has really streamlined its procedures and functioning over the years.
How do you manage the coordination and collaboration with foreign counsel in different countries for trademark protection? Are there any unique considerations that arise in these cross-border cases?
Corresponding with several clients across the globe having businesses in India and having business interests outside India, is a part and parcel of my day-to-day work. Breaking down complexities of the law in simple terms is the key to good communication. One should work on the assumption that the foreign counsel is unaware of not just the nitty gritties of your law but also the overview of it. Asking the right questions, seeking clarifications, if needed, anticipating questions from clients and factoring those in your advice are some good practices. Being in constant touch, and meeting, with foreign counsel at conferences also helps strengthens ties.
You have appeared before various judicial and quasi-judicial bodies. Can you share a few examples of significant cases where you represented a client before the Trade Marks Registry, Delhi High Court or another court, and the impact your representation had on the outcome?
I was part of the team that advised one of the firm’s international pharmaceutical clients on a time-sensitive litigation along with connected rectification and opposition actions, briefed senior counsel, Mr. Sudhir Chandra, and obtained interim and permanent injunction orders within three (3) months of filing the suit. I was also part of the team that represented one of the firm’s popular international apparel clients in a trademark dispute against an Indian retail brand run by the Aditya Birla Group. Although the lawsuit, filed in the year 2015, was aggressively contested by both sides, the dispute was amicably resolved with the parties becoming business partners in India. I also independently led settlement negotiations regarding use and registration of the rival trademarks, with an electricals giant in India on behalf of one of the firm’s international luxury automobile clients. The dispute, which started back in 2017 and entailed filing nearly 60 trademark oppositions on behalf of the client resulted in a robust co-existence agreement. Very recently, I secured well-known protection for one of the firm’s pharma clients before the Trade Marks Registry, that accords protection to the client over that trademark across all goods/services classes.
You have been recognized for your contributions to the legal profession, including being a recipient of the “Honourable Mention” in the Indian Law Firm Awards 2021. What does this recognition mean to you, and how does it motivate you in your work?
Such recognitions and awards are merely a validation of one’s perseverance and efforts over the years. It is the appreciation of my work by my Managing Partner and clients, and the reassurance that I get from my associates about my mentoring ability, that really matter the most to me. I truly believe that words of appreciation from someone you care about are great motivators, far more than any award/ tangible recognition. The power of words (and music) is supreme!
Lastly, what advice would you give to fresh law graduates who are considering a career in intellectual property law based on your own experiences and insights?
To really focus on their careers (read learning) by taking small steps every day, and not on money or “great international clients” in their initial years of practice. Looking for “growth” as, very often, candidates I interview tell me, is meaningless unless you know what this term means to you. Growth, for me, is a natural phenomenon rooted in every individual’s career trajectory and needs to be honed every year (not handed over on a platter that smells of good money). Do good work and money will follow…
Being familiar with the IP subjects taught in law school, doing IP internships in your later years of law school, and being abreast of latest developments in courts and the IP offices would always give you an edge! With many offices and courts moving to virtual hearings post the pandemic, law graduates can observe proceedings virtually and get pointers on the practical functioning of these offices.
IP offices’ efforts in fast-tracking procedures, digitization of filings at the IP offices and introduction of several specialized IP software have really changed the landscape of IP practice over the years. From days where all filings were done by hand, to today, where online filings are a norm, IP as a practice area for lawyers has come a long way. Besides this, the formation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further strengthened the IP industry and scope of this field for upcoming law graduates.
Insurance law practice in particular and in-house corporate legal practice in the BFSI segment in general, demand you to be ‘always on your feet’. In an in-house legal role, the exposure that one gets at a very early stage of your career is enormous. Every day there’s a new case/challenge and a new kind of legal advice that you are required to come up with. Along with some ongoing work, there are also certain ad-hoc requirements which needs to be catered to. There’s no dearth of work on a typical workday.
My role as a generalist resource, gets me involved in almost everything that is whatever’s happening in the legal space of involving the organization I am associated with and be on top of all assignments. The gamut of cases helps me broaden my horizon. Apart from strategizing and analysing the cases, I supervise the data management for the department. Maintaining a tracker of assignments, projects and daily actionable makes it easier. So there’s also some bit of data work every day along with the tracking and closure of the tasks.
On typical workdays, I negotiate contracts, vet documents to be submitted in the court and supervise the work of my team.
An interesting workday entails peer-to-peer connect, brain-storming with team and other departments on special cases or planning the Friday evening!
Cups of strong black coffee and ginger tea helps me keep going through the day.
Throughout your career, you have achieved numerous accolades and recognitions. Could you highlight one or two achievements that you are particularly proud of and explain why?
Starting from the ‘WOW’ Award at Exide Life Insurance Company Limited in January 2017 for single-handedly successfully managing PAN India Insurance Ombudsman complaints with significant financial impact, to the recent recognition by Bharti AXA Life Insurance Company Limited as an achiever for the ‘Xtra Mile’ demonstrated within six months of joining.
There’s this is one that I would like to highlight: the ‘Customer Centric Icon’ of Edelweiss Tokio Life Insurance Company Limited. It was the very first time in my career to receive an award on stage, with a thousand people glued to me. That was the first time I realized how glorious perseverance can be.
Also, I would like to share a special moment when Shri Bharatkumar S. Pandya (Hon’ble Insurance Ombudsman in Mumbai) shared a testimonial to appreciate one of my reportees for her impeccable performance. This empowered me as a mentor and helped me gain more confidence from my juniors to guide them in the right direction, just as I have always been guided.
Throughout your career, you have demonstrated exceptional performance and received recognition for your work. What do you believe are the key qualities or skills that have contributed to your success?
To start with, as my mentor says – “jo dikhta hai, wohi bikta hai”. And here’s how do I do it – Dashboards, discovery and plugging of gaps, going beyond the call of duty whenever required, and continuing exchanging dialogues with my seniors on any critical or regulatory assignments that I handle.
I consider my inclination towards the use of technology along with my acquired skills in project and data management, data analysis, and risk assessment to be the most important factors that have largely contributed to my success. Persistent performance with constant self-monitoring, understanding of the product and the business, and staying abreast with the latest developments, changing products & regulations in my area of practice; have also helped.
You have been involved in audit management as well. How to ensure that the legal function is audit-ready and compliant with all relevant regulations?
Yes. Fortunately, I have had my share from both sides of the table, as far as audits are concerned.
Wearing the Auditor’s hat, to certify the Legal Department or any department, I’ll delve into: process notes and it’s adherence, Process improvements in sync with the latest trends and good practices, Data and Documentation. More than half the battle is usually won by the Auditee if these are well taken care of.
In insurance, where every step is closely monitored by the regulator – given the robust regulatory regime, it is indeed a task to ensure audit readiness. Given the expertise and knowledge on different aspects of businesses that it requires, I’ll not be surprised if, in the coming days, the in-house Legal departments start hiring resources dedicated exclusively to ensuring audit readiness and compliance with all applicable relevant regulations, and for end-to-end audit management for the department.
As an Auditee, I endeavor to keep the legal function, audit-ready, by maintaining a checklist of the requirements under relevant regulations. This is a ready reckoner for me. Besides, there is meticulous data management, frequent sample checks/mock audits, and proper documentation of all the identified deviations. It’s a continuous process with stringent monitoring.
With your extensive experience as a generalist resource in legal departments, and the professional growth that you have had in a short span of around 7 years, could you share some insights into the challenges in your role and how to effectively handle them?
Understanding the requirement and articulating in a manner acceptable to business, while, in the process, also ensuring that the interest of your organization is not compromised, is a challenge I deal with daily. Umpteen situations warrant balancing business demands and market dynamics vis-a-vis the spirit of the law. So, I think being a business enabler is very important.
What are some of the common issues or challenges faced by the insurance industry, and how do you think can these be navigated?
Out of all the challenges, the one that the insurance industry certainly cannot lose is the protection of the interests of its Policyholders. The nuisance of Instigation Agencies (operating under the façade of ‘Grievance Resolution Agency’ and against the interests of the Policyholders) is probably the most common hurdle that the industry is facing today. Vexatious Customer Grievance, Ombudsman Complaints, Litigation & Police Complaints are on a constant rise due to the menace of these Agencies. Need-based selling of insurance, enhanced due diligence at the time of on-boarding of customers, investment on spreading awareness and a very firm action-oriented approach can address this plague.
Then there’s the on-going fundamental shift and transformative changes in the regulatory landscape that has driven all the attention to the insurance industry. Industry is in the sweet spot now and the biggest challenge is to leverage this to the benefit of all stakeholders – policyholders, distributors, employees and shareholders. A lot is happening in the Regulator’s endeavour of “Insurance for All by 2047” – State Insurance Project, tie-up limits increase for distributors, promotion of ‘ease of doing business’ besides simplification of the process of setting up an insurance company in India, ‘Use and File’ procedure for insurance products, proposed changes in the business mode and more. To manage the expected traffic and to stay in the game, insurance companies will be expected to level up many folds – in terms of enhancing and setting it’s processes right, adapting to technology in every walk of the customer journey right from on-boarding of a Policyholder to dispute resolution. To support this journey – Legal, Compliance & Risk functions will be required to provide best-in-class experiences to Operations & Sales.
‘… provide best-in-class experiences to Operations & Sales.’ How?
Implementation and acceptance of technology. We are talking about ‘Insurance for All” and ‘ease of doing business’ here.
Based on your experience, what advice would you give to fresh graduates who are considering a career in law and young lawyers?
Always remember, “To be a good lawyer is different from a successful lawyer” – Late His Lordship Hon’ble Justice Protik Prokash Banerjee to me on the last day of my internship under his able tutelage in July 2013.
Never compromise on your integrity.
Embrace the change and the technology, equip yourself with MS Excel & MS Powerpoint skills – there are no better tools to showcase and market yourself in the corporate sphere. With channelized effective efforts and persistent hard work, the ‘sky is the limit’.
Above all, find yourself a mentor in the early stages of your career, whom you can look up to … a mentor who can guide you in having your career shaped in the right direction.
