Ma’am, please tell us about your journey and how you ended up practicing law, specifically in criminal litigation and domestic violence matters?
I started my journey as a litigator in 2007, when I passed out of Government Law College. I started my practice as a corporate lawyer, however, my passion towards criminal law took me to Bombay High Court. In 2010, I started my journey as a criminal lawyer and since then I have never looked back. I started my practice as a junior associate lawyer to Counsel Mr. Niranjan Mundargi, who has been practising in Bombay High Court since the last 25 years.
Thereafter, my marriage took me to the beautiful country of Oman, where I continued my legal practice in disputes and arbitration in an American law firm in Muscat.
Just before Covid struck, I relocated to Mumbai and joined Advocate Harish Shetty, a famous criminal lawyer at the Andheri Metropolitan Magistrates Court, where I gained exposure in domestic violence cases.
Throughout your career, you have worked in various courts and withdifferent types of cases. Could you share some of your experiences and challenges while representing clients in criminal matters?
My experience is wide and varied as I have worked in international law and domestic law. However, there are some cases that profoundly impact every lawyer’s life. I still learn from my clients and empathize with them, whether it is the Accused or the Victim, fighting a legal battle is not easy for anyone. I had once worked on a case where an innocent young girl was falsely accused of abetting a suicide of a man who was only a collegaue of hers. Eventually, she was discharged from the case, but had to spend some weeks of her life in jail. Similarly, there was another case, where a man was falsely accused of mixing some substance in the tea of a woman, who was merely an acquaintance. We succeeded in the trial and the man was acquitted.
In both these case, the people who were accused of committing a serious offence were actually victims themselves. It is painful to see such innocent people suffer and their families suffer too. As a lawyer, I have always tried to show empathy and patience to my client.
You have also gained expertise in will drafting and legal notices. How do these skills contribute to your overall practice, and what advice would you give to individuals who may need assistance in these areas?
COVID has taught us that life is unpredictable and having a WILL, secures our loved ones so they do not have to go through the procedural issues that the legal heirs of a person who dies intestate has to suffer. Sometimes, people delay in making payments despite delivery of products or services, and legal notices help in recovering such amounts.
You have experience in commercial and international arbitration. Could you elaborate on the significance of arbitration in today’s legal landscape, particularly in resolving disputes related to tax cases, agency disputes, labor cases, and construction claims?
My major experience in arbitration has been at an international level. However, in India also most contract have an arbitration clause. It is a faster, easier and more effective way of resolving disputes and may even lead to settlement in some cases.
As a senior associate and mid-level associate attorney, you have worked in different law firms and legal environments. How have these experiences shaped your approach to representing clients and handling legal cases?
Whether it is an Indian client or an international client, as a lawyer, I am of the view that every client wants three things, i.e. a patient ear, solution to the problem and empathy. If you can give these 3 things to your client, they will always be satisfied. I strive to provide excellence at work, whether it is a small matter or a big case and my goal is customer satisfaction.
In your previous roles, you have drafted various pleadings, conducted trials, and represented clients in court hearings. Can you share a memorable case or achievement that you are particularly proud of?
There have been cases which looked absolutely irreconcilable, but with a will to help people, I have been able to reach settlement in such matters especially domestic violence. I feel proud and satisfied when the truth prevails, like the example of the cases cited above.
As a criminal lawyer with extensive experience, what do you consider the most important qualities or skills that aspiring lawyers should develop to excel in this field?
1. Punctuality and Discipline
2. Knowledge of the law
3. Attitude of accepting whatever work comes your way
4. Confidence and Simplicity in submission.
5. Being precise in submissions, short is sweet as it saves time.
6. Honesty and Integrity towards your client and the court.
In your current role as a senior associate, what are your responsibilities and how do you balance the demands of your caseload while maintaining strong client relationships?
My mantra is to be keep the focus on the issue at hand, examine the law and judgments and accordingly advise the clients. I believe that good legal research is the key to satisfy the clients and the courts and to maintain the equilibrium.
What advice would you give to law students or fresh graduates who are interested in pursuing a career in criminal litigation or any other specific area of law?
Focus on experience to gain expertise and knowledge, money eventually follows. Develop an attitude towards developing an eye for research and skill for drafting. These days, respect is a rare quality, but that is the only quality that makes a person succeed. Most lawyers who are doing well today are doing well because they get work through reference and you get referred only if you are cordial in your behavior with your colleagues.
Finally, based on your experiences and insights gained throughout your career, what advice would you like to give to fresh graduates who are just starting their legal journey?
Work hard and never give up. Develop the skill that makes you special than your counterparts and focus on that skill. Never refuse any work and don’t go after money. When in Court, remember that the only thing in your hand is to give your best shot.
Sir, to start this conversation, can you tell us about your journey and how you ended up becoming a corporate commercial lawyer with a focus on litigation, arbitration, and advisory work?
At the outset, I thank you for providing me the platform to express my thoughts and also a huge thank you to the readers for taking out the time to read this interview. Hope this will provide answers to any questions that they may have.
I am a first-generation lawyer who had no background, guidance or mentor in the legal field. Most of my family, including my father, were government officers working with different ministries and sectors. While growing up I would often see that despite having ample authority in their jobs, they did not have the power to go beyond their employment duties and change the system. This prompted me to chose a career that provided me independence, authority and the means to reform the system. Thus, my initial years in the career right after college were spent practising mostly in the NGT and High Court working primarily on Environmental, Writ, PIL’s and Civil matters. Further, to explore more areas of laws, I switched to Civil, property, consumer, family and some criminal matters. Whilst working on ground, I was exposed to ADR techniques like Mediation and Arbitration. I was immediately drawn towards the aforesaid inexpensive and more efficient methods of dispute resolution. However, I saw that there was a dearth of awareness, skills and resources. That time most of the lawyers and judges were still ill-equipped to deal with complex arbitration procedures and cases. This led me to pursue higher education from a foreign institution to learn more about the practice and procedures as applied around the world.
Upon my return after earning a Master’s degree, I began applying my skills and knowledge to the field and shifted the focus of my practice to commercial litigation and arbitration, which remains my core area and personally, my area of preference.
Thereafter, the advent of the new Insolvency Code and Bankruptcy Code, 2016 (“IBC) completely shifted the legal landscape. Initially, Arbitration replaced litigation as the primary method for dispute resolution but, with the provisions of moratorium, arbitrations were being stayed and kept aside and hence, it become a ‘trend’ to initiate proceedings in NCLT rather than invoking arbitration. Nonetheless, there were many coinciding points in the lifespan of a dispute, wherein insolvency, corporate and dispute resolution laws came face to face. This was the reason that more and more work started coming in from the corporate side as well. Further, as IBC was (and is) in its evolving stage, the joy of moulding and developing the law through my representation before the Tribunals lead to this becoming my main areas of practice.
Therefore, it would not be incorrect to say that it is was an organic process for me to become a corporate commercial litigation and arbitration lawyer.
You mentioned that your practice involves a significant multi-jurisdictional component. Could you elaborate on how you handle cases that involve appearances before the Courts of England, India, and International and Domestic Arbitral Tribunals? What are some of the challenges and opportunities in dealing with such diverse legal systems?
Yes, that is correct. I am presently based out of London and practicing both in India and London. The advancement of technology and the digitalization of the Court systems and hearings has been a catalyst to my practice being spread in different countries.
Initially, I was practising from New Delhi, my hometown and would physically go and appear in the jurisdiction where the case was filed or heard. During those times, the virtual hearings were rare and only allowed in exceptional circumstances to the concerned parties, like a witness being based abroad. Therefore, initially, my practice involved travelling to different states and cities in India along with international travel to the seat or venue of arbitration. However, after covid, almost all of the Courts in India and abroad switched to virtual hearings which provided me the flexibility and ease to appear remotely. Presently, I am appearing virtually in almost all of my cases in India (with the assistance of the local lawyers). On the other hand, I am physically appearing and attending my cases listed in the Courts here in England and Wales.
I would say the challenges and opportunities are two sides of the same coin as one can only get the opportunities if they can overcome these logistical and procedural challenges. When I expanded my practice and relocated to England, it required a lot more hours of work due to the time difference between the countries. I would often get up early morning as per Greenwich Mean Time (GMT) to appear before the Indian Courts which were 5:30 hours earlier (IST) and thereafter, begin my work here in England. Due to the difference in time, I also had to schedule my calls with clients and colleagues in a way that I could keep the two separate and this led to a situation where my work days turned unusually long.
Another challenge that I faced was the difference in practice and procedures between the two countries. It is a common misconception that as India has derived most of its laws from England, they’re mostly the same. Even though the broad concepts are largely similar, the practice in the two countries is very different. Therefore, getting acquainted with the difference in terminology, style of drafting and presenting the claim/defence and also, presentation of arguments before the court initially posed a great challenge. However, with time, this difference has now faded and made things relatively easier. Moreover, I now handle my India & UK assignments separately by allocating different days to each. This provides me ample time to prepare with ease for each assignment.
All things considered, maintaining two different practices requires diligent efforts, extensive work hours and efficient management. Moreover, it also demands you to be socially active. There is saying in our field, especially for litigation lawyers, “out of sight-out of mind”, and hence, it is imperative to maintain and build professional and personal contacts by attending social events like conferences, meetings and seminars.
How does being a dual-qualified lawyer enhance your practice? In what ways has it broadened your understanding of international law and cross-border transactions?
I would say this dual training and qualification provided me an edge over my peers and opened new avenues for me. While studying in India, we were mostly taught about our legal system and how the Courts in India dealt with cases historically and in the present times. However, we were not provided exposure to the functioning of the Courts in other international jurisdictions especially in countries like the USA or the UK who are the founders of some of the modern-day legal concepts and techniques.
The education I received during my masters, filled this knowledge-gap and exposed me to international practice areas. My brief time in the US gave me exposure to how the different jurisdictions in the US, from New York to Florida and California to Washington DC, dealt with the arbitration disputes. I was also part of the very first Mediation scrimmage organised by the American Bar Association and other developmental activities which further enhanced my inter-personal skills to handle disputes in a more informal and personal setting. Moreover, I became more familiar with the functioning of the Courts and Tribunals of some of the most pro-arbitration jurisdictions like Switzerland, Singapore, England and Paris.
The aforesaid exposure, education and knowledge has made me better equipped to advise and deal with international cases and client. Further, I learnt to keep myself abreast with the legal developments around the world that enabled me to come-up with better solutions and reasonably infer the outcomes of the cases.
As an avid writer, you contribute to international journals, blogs, and publishers. How has your passion for writing complemented your legal career? Are there any specific topics or issues that you enjoy writing about the most?
At the outset, I truly believe that legal writing is a necessary skill for our profession and not merely a complementing factor. Our profession requires deep understanding of the subjects. Whilst writing an article, the author has to research, read and understand the past, present and future usage and implications of that particular topic.
My passion for writing developed through my inquisitiveness to read about new topics and concepts. I believe I am still a student of law learning new things every day and therefore, whenever I come across a new concept which is still unknown to me, I am keen to research and read about it. Most of the articles I have written were either new to the world (like Singapore Mediation Convention) or new to me. Therefore, it would be apt to say that this passion increases my knowledge in the field and eventually helped me in the practice.
My topics of interest are mostly based on the new developments in the field of law. In today’s time when there is an abundance of resources and free access, I believe that the historic concepts already have numerous sources and publications. Therefore, my preference is writing about a relatively novel concept, case or practice so as to provide a fresh perspective to the world and contribute to the literary resources.
Could you share with us some of your most memorable or significant cases or achievements in your career so far? What were the key factors that contributed to those successes?
To be honest, all of my cases are personally significant for me as I am 100 % involved in all of my cases whether they become distinguished or not. But few of the cases stand out for me as these are mostly my ‘firsts’ or the cases that brought a change in the system.
Starting with my firsts, a PIL filed by me along with a colleague before the Delhi High Court to term the senior citizens as “co-morbidites” during the covid phase and thereby imposing greater obligations on the state to protect the senior citizens and children during the outbreak of corona virus. Another case that I want to highlight is another PIL filed before Delhi High Court (still pending) turned into a representation by the Court to the State Transport Department, Police and Policy makers. The Petition dealt sought creating a dedicated corridor on all main roads of Delhi providing unrestricted and free movement to all emergency services.
I would also like to mention one of the Arbitration Petitions which was decided by the Delhi High Court in our favour. We had opposed the unilateral appointment of an arbitrator by the opposite party. What made the case landmark was that not only the Court allowed our objection to the unilateral appointment, the Court while considering our objections regarding the invalidity of the arbitration agreement, quashed the proceedings in the same Petition.
The significant ones would involve one of the first cases in India wherein the NCLT, Kolkata had held that personal guarantor’s liability is co-extensive and insolvency process was initiated against the guarantors. There was also a rather unique case before the NCLT wherein I represented the respondent, a leading real estate company who had come face to face with the most renowned business families in India in lieu of an existing debt. Even though the debt amount was disputed, our clients decided to repay the amount during the subsistence of the Petition. The Petitioner disputed the acceptance and sought initiation of CIRP against our client company, however, despite an apparent default, the NCLT was compelled to decide the case in our favour due to the extinguishment of debt.
One of my recent cases that is regarded as landmark is a Writ Petition decided by the Punjab & Haryana High Court wherein the Petition was filed seeking to consolidate more than 100 criminal trials pending before my clients in different cities and towns in the two states. It was the first time ever that any High Court in the Country realising the infringement of the fundamental right to fair trial, allowed the transfer of more than 100 criminal trials before a single magistrate to hear all of these cases together.
With the rapid changes and advancements in the legal industry, what are some of the emerging trends or challenges that you see in your practice area? How do you stay updated and adapt to these changes to provide the best possible legal solutions to your clients?
One of the most prevalent developments and personally, my favourite, is India coming to the forefront as an emerging upcoming seat and place for Arbitration. India has come a long way in terms of its Arbitration practice. India was not regarded as an ideal place for arbitration due to some blatantly incorrect arbitration judgments and several refusal for enforcement of awards. However, India has now evidenced its pro-arbitration approach by taking steps in the right direction. From ease of business to establishment of International Arbitration Centres and facilities are all beneficial for India to emerge as a choice of seat for arbitration. Further, the ease of restriction for foreign law firms would also provide some respite to the international practitioners that weren’t earlier keen to set up their offices in India.
India being the fifth largest economy in the world, is now being viewed by the world as an upcoming player in the field of arbitration.
I stay abreast with the new developments by reading legal articles, publications and news. The legal field per se does not have many resources for reporting latest developments and therefore, I follow a handful of genuine journals and news services that keep me up to date. I also try and stay active in the professional circuit by attending major events and conferences. Often times, new concepts are discussed and presented in these events to gage audience’s reactions and that also provides a first mover advantage in terms of being familiar with new developments. But most importantly, the best legal solutions are often developed by discussing with colleagues and seniors in the field. It is really important to gain different perspectives before finalising a strategy and that is what I do. When there are complex issues, I seek additional advice and sometimes seek experiences of the lawyers who have been in similar situations to create creative and helpful solutions for clients.
Finally, looking back at your journey as a lawyer, what would be the one piece of advice or words of wisdom you would like to share with fresh graduates who are just starting their legal careers?
I do not consider myself to be a person who can give “words of wisdom” rather I’d be happier sharing my experiences. One mantra that I know definitively works in our field is “Consistency is the key”. I can say from experience, good or bad, happy or sad, if a person walks even one step forward that’s progress! So, somebody who is determined to succeed should not forget to keep walking and working as Rome was not built in a day and it was turtle who won the race and not the rabbit.
To start the conversation, can you tell us about your journey in the field of law? How did you end up pursuing a career in law, and what motivated you to specialize in business law?
Law fascinated me when I was preparing to give the entrance exam in NLSIU, though I did not clear it I made my decision that I would study law. As far as Business Laws I felt that with changing times where law was not confined to the traditional boundaries and the need for specialization in the areas of commercial and corporate laws a specialization would become helpful.
Could you share your experience of practicing law in the District Courts, Magistrate Courts, and tribunals in Bangalore? What kind of cases did you handle during that time?
I was fortunate enough to start my practice in a office which had plenty of work in the District Courts, Magistrate Court, and tribunals everyday because of which I could work on civil cases relating to property, intellectual property, arbitration, matrimonial cases, service matters, land revenue, Cheque bounce, Domestic Violence, 498A and much more.
You mentioned being appointed as a court commissioner by the High Court in a property dispute. Can you tell us more about that experience and the significance of the case?
It was an interesting case relating to a property dispute of a joint family where litigation was pending between the parties for several years. Justice Aravind Kumar in High Court was the judge(presently sitting judge of Supreme Court) wanted to bring quietus to the issue through settlement for which parties had agreed, however since some of the parties were not educated there was an apprehension regarding the consent of all parties to the settlement. Justice Aravind Kumar therefore passed an order for appointing a court commissioner to resolve the issue and I who was regularly attending his court at that time got the opportunity to become the Court Commissioner in that matter, pursuant to which I personally visited the parties prepared a report and submitted it to court which was accepted and the litigation was brought to an end.
In December 2012, you shifted to Delhi and began practicing in the Supreme Court of India. How was the transition from practicing in Karnataka High Court to the Supreme Court? What kind of cases did you handle in the Supreme Court?
It was a totally different experience altogether to start practicing in the Supreme Court having practiced in the High Court as the time to address the arguments before the Supreme Court is short as compared to the High Court and the preparation of the draft has to be more meticulous in Supreme Court.
In the Supreme Court I have handled different cases pertaining to Constitution, Civil and Criminal matters.
Can you share some notable achievements or reported judgments where you have appeared and argued, both in the Supreme Court and other courts?
As my work has been predominantly in the Supreme Court in my career, I have appeared in important cases of constitutional importance such as Sabarimala, Article 370. That apart some of the cases where I have argued the judgments got reported, but the landmark of mine would be Manoj Suresh Jadhav vs. State of Maharashtra (2019) 17 SCC 362- This is the first case where Supreme Court held that a person cannot be re-arrested post grant of bail merely on the fact that an additional offence has been added.
As an advocate on record in the Supreme Court, what are some of the most challenging cases you have worked on? How did you approach those cases, and what were the outcomes?
There are many cases which turn out to be challenging especially the ones where there’s an extreme urgency and burn the midnight oil to draft the case get it filed in the morning and mention it in the morning and get it listed the next day, that apart the cases in which the client has lost in all the courts up till the Supreme Court is more challenging as the odds are stacked against your client and it’s always a tough task in convincing the Supreme Court in such type of cases.
Apart from your legal practice, you mentioned being involved with an NGO working on women’s rights and causes. Could you tell us more about your work in that area and why it is important to you?
I am associated with an NGO working on women’s rights and causes called Chetana Conscience of Women. Being associated with it, I opine that a lot of women in this country are not aware of their basic legal rights and what was so impressive about them is their cause was towards financial improvement of women by focusing on their property rights.
With over 14 years of experience in the legal profession, what advice would you give to fresh law graduates who are just starting their careers? What key lessons have you learned along the way that you would like to share with them?
I don’t know whether I am worthy enough of advising, but based on my experience especially as a first gen advocate I would like to say that in this profession sustaining oneself in the initial years of the profession is the most difficult part and it takes courage, consistent efforts and patience to sustain oneself. Post that phase, achievements turn out to be much easier.
My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.
You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?
The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.
You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?
The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.
You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?
Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.
In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?
An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.
The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?
One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.
Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?
Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.
Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?
They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.
Sir, can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
My journey towards pursuing law has not only been quite unexpected but also deeply influenced by personal experiences. Initially, as a science student, I was considering a career in engineering due to the IT boom as was going on at the time. However, after my class 12 exams, my father introduced me to one of his friends who happened to be a lawyer. This encounter sparked my fascination for law, and I decided to explore it further.
To pursue my newfound interest, I joined Career Launcher to prepare for CLAT (Common Law Admission Test). The preparation period allowed me to delve into the world of law and understand its complexities and vastness. It was during this time that I realized the impact legal knowledge can have on people’s lives and how it can be used to resolve disputes and bring about justice.
One significant motivator for me was a family dispute that my parents went through. Witnessing their mental struggle during that time made me realize the importance of legal expertise in navigating such challenging situations. I wanted to equip myself with the skills and knowledge to help others in similar circumstances.
With this drive and motivation, I took admission in ICFAI Law School to formalize my legal education. I believe that my prior experiences and the impact of witnessing my parents’ struggle have shaped my determination to pursue a career in law. I am eager to continue learning and growing in this field.
With over 13 years of experience, you have dealt with a wide range of legal issues such as civil, criminal, insolvency, contractual, and labor/employment disputes. Can you share some of your most significant cases or achievements that highlight your expertise in these areas?
As a first-generation lawyer, I started my journey by gaining experience in the district court, where I was involved in inspections of various case files before different courts. This experience provided me with invaluable knowledge about the procedural aspects of the law and the different stages of any legal proceedings, which was crucial for a rookie like me. It allowed me to understand the nitty-gritty details of how the court system functions at Distt. Court level where more than substantive law, procedural law is crucial.
After gaining some experience, I was fortunate to be exposed to both domestic and international commercial arbitration. This gave me the opportunity to be part of teams handling significant cases, such as a complex contractual dispute before the London Court of International Arbitration and a concurrent delay dispute in a construction contract before the ICC (International Chamber of Commerce). These cases required in-depth understanding of the applicable law (both governing and substantive) and expertise in handling complex legal issues.
Additionally, I have had the privilege of working on various cases related to admiralty law before the Bombay High Court. Admiralty law deals with legal matters concerning maritime activities and maritime disputes. The case started with working for a release of a ship arrested due to non-payment of some dues, which we were successfully able to do in the shortest possible time. This experience has broadened my understanding of this specialized area of law.
Furthermore, I have also worked on cases related to the Prevention of Money Laundering Act, 2002, The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act 1999 and other criminal cases including ones involving the Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office (SFIO). These cases required a comprehensive understanding of criminal law and the ability to navigate complex legal proceedings of both substantive as well as procedural law.
Overall, my diverse experience in handling a wide range of legal issues, including domestic and international commercial arbitration, admiralty law, and criminal cases, contractual disputes etc., has equipped me with a well-rounded skill set. I believe these experiences have honed my legal acumen and prepared me to take on new and challenging cases in the future.
I have also represented multinational conglomerates in various proceedings for effective implementation of an approved Resolution Plan under Insolvency and Bankruptcy Code, 2016. These proceedings included Writ Petitions, Company Applications, Arbitration Applications and Special Leave Petitions before various Forums.
In the span of 13 years of my legal profession till now, I have conducted various cases and represented many clients before various forums. However, I am restricting myself here to the cases which are on top of my mind currently.
Your profile mentions your proficiency in handling arbitration and court proceedings. Could you provide examples of complex arbitration or litigation cases you have handled and the outcomes you achieved?
Every case comes with its own unique issues and complexities, either factual or legal, wherein each party in its own belief considers itself to be right and the opposite party to be wrong. As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities.
One example of a complex arbitration case I was involved in pertained to a derivative contract. At the time, the law in India regarding derivatives contracts was still developing, particularly concerning the validity of various derivative contracts under Indian law. This dispute required a deep understanding of the interpretation of the International Swaps and Derivatives Association (ISDA) agreement, which is an internationally recognized framework for derivatives contracts.
As part of a legal team representing an Indian company, I had the opportunity to be involved in this arbitration before the London Court of International Arbitration (LCIA). It was a challenging case as we were face-to-face with renowned international law firms, dealing with intricate issues related to the applicability of Indian law intermix with English law, and its impact on derivative contracts governed by the ISDA agreement. This early exposure to English law and its interaction with Indian law proved to be an eye-opening experience for me.
Subsequently, I had the privilege of serving as co-counsel in another international commercial arbitration before the International Chamber of Commerce (ICC). This case revolved around a concurrent delay issue, further expanding my exposure to international law and its practical application in resolving complex disputes.
Moreover, I had the opportunity to represent a client in a highly controversial future contracts issue, which garnered significant attention and media coverage. This case ultimately led to appearances before various forums, including the courts of the Central Bureau of Investigation (CBI), the Prevention of Money Laundering Act (PMLA) court, and the Maharashtra Protection of Investors Deposit (MPID) court.
These experiences in complex arbitration and litigation cases have not only sharpened my legal skills but have also exposed me to a wide range of legal forums and international legal frameworks. They have further fuelled my passion for representing clients and navigating the intricacies of the law in challenging and high-profile matters.
As a skilled mediator, what strategies or approaches do you use to successfully resolve disputes and reach favourable outcomes for your clients?
As a skilled mediator, I believe that successfully resolving disputes and achieving favourable outcomes at least in mediation proceedings requires a focus and understanding of managing the people involved rather than solely focusing on the dispute itself. In mediation, it is essential to create an environment that fosters amiability and allows the parties to approach the dispute rationally.
One key strategy is to address and satisfy the ego of the parties involved. Until allegations and blame games are set aside, tempers will likely escalate, and reaching a resolution becomes challenging. By acknowledging and understanding the emotional state of the parties, we can create a conducive atmosphere for effective mediation. It is crucial to empathize with their perspectives and put ourselves in their shoes, as this increases the likelihood of finding common ground and resolving the dispute.
However, when the proceedings shift to a legal forum, such as arbitration or other formal legal processes, the approach changes. In those situations, the focus shifts towards applying the relevant law and assessing its applicability to the specific case. While legal proceedings require adherence to applicable laws, in mediation, the emphasis is on addressing the underlying interests and concerns of the parties to achieve a mutually agreeable resolution.
In summary, successful mediation involves skilfully managing the parties involved by creating an environment that encourages open dialogue and rational problem-solving. Understanding the parties’ mindset and satisfying their egos can pave the way for productive negotiations. In contrast, legal proceedings rely on the application of law to determine the outcome of the dispute.
Your career progression shows that you have worked with various law firms and represented clients before different courts and forums. How have these experiences shaped your skills and knowledge in legal drafting, case management, and client handling?
Throughout my career, working with various law firms and representing clients before different forums has significantly shaped my skills in case management and client handling. During my early years in the profession, I had the opportunity to handle a diverse range of cases, including commercial arbitration at both domestic and international levels. Although initially, my access to client handling was limited, however, as I gained the firm’s trust and acquired more experience in the field, I gradually took on client handling responsibilities as well.
This exposure to client handling provided valuable insights into understanding the mindset of clients and the challenges they face. Each client is unique and requires personalized attention in terms of their expectations, concerns, and preferred communication style. It taught me the importance of building rapport and trust with clients while managing their expectations throughout the legal process. Clients not only seek a favourable outcome but also expect a high level of professionalism, effective communication, and timely updates from their legal counsel. Additionally, I realized that the drafting requirements for each client vary significantly. Some clients prefer a simple and straightforward language, while others may prefer a more assertive or aggressive tone, depending on the nature of the case and specific circumstances. This understanding comes with experience and often involves a trial-and-error approach to find the best approach for each client.
Furthermore, when I transitioned to a new law firm, I had to adapt my writing practices to suit the firm’s preferred style and meet client requirements. This adaptation was necessary for convenience, ease of review, and consistency within the firm’s established formats. In many cases, clients or firms prefer to adhere to a well-settled format, as it minimizes unnecessary changes and allows for efficient review processes. This expectation is not unreasonable, especially when there is a significant workload to manage and review.
In summary, my experiences with various law firms and client representations have honed my skills in case management and client handling. It has taught me the importance of tailoring my approach to suit each client’s unique expectations and needs while also adapting to the practices and formats preferred by the firm. Flexibility, effective communication, and a client-centric approach have been key factors in providing quality legal services and achieving successful outcomes for my clients.
The Insolvency and Bankruptcy Code (IBC) is one of your key competencies. Could you share some insights into your experience with IBC, including any major amendments or court precedents you have studied and applied in your work?
Since 2018, I have had extensive experience with the Insolvency and Bankruptcy Code (IBC), which has undergone multiple amendments and continues to evolve. These amendments reflect the dynamic nature of the statute, addressing the evolving needs of stakeholders and providing clarification for the courts and parties involved.
My journey with the IBC began when I was entrusted with handling a client that had successfully acquired a stressed asset under the provisions of the IBC. Despite the clarity available in law at the time, my client faced numerous challenges and demands during the implementation of the approved resolution plan. Through collaborative efforts with my team and guidance from senior partners, we navigated these challenges by presenting our arguments before various courts and forums across the country. This experience allowed me to understand the unique aspects and procedural nuances of different high courts, as I travelled to Allahabad, Bombay, Jammu, Odisha, Nainital, and others.
One notable accomplishment during this journey was successfully challenging and defending a criminal prosecution of my client based on a recent amendment to the IBC. This resulted in one of the most recent high court orders (at the time) quashing the criminal prosecution against a corporate debtor that had been successfully resolved under the IBC. This order marked a significant development and showcased the evolving legal landscape surrounding insolvency matters.
Additionally, I have also successfully challenged statutory demands based on the provisions of the IBC. By closely analysing the relevant provisions and aligning them with our client’s case, we were able to defend against these demands effectively.
Overall, my experience with the IBC has provided me with valuable insights into its evolving nature and the challenges faced by stakeholders. Through handling complex cases and navigating various courts, I have developed a deep understanding of the IBC’s intricacies and the practical implications of its amendments.
Throughout your career, you have represented diverse corporate clients. How do you effectively manage client relationships and ensure their needs are met while navigating complex legal matters?
As already stated above, each client comes with a specific set of problems and expectations. Effectively managing client relationships while navigating complex legal matters requires a delicate balance of understanding the client’s perspective and expectations while providing candid advice and managing their expectations realistically.
Open and transparent communication is key. It is essential to be candid with clients about what approaches are feasible and what may not work within the legal framework. False hopes should be avoided, and instead, clients should be provided with a comprehensive understanding of the pros and cons of different strategies, enabling them to make informed decisions. Clients appreciate being involved in the decision-making process and having a clear understanding of the potential outcomes.
Timely and regular communication is crucial in maintaining strong client relationships. Clients value being kept informed about the progress of their case, any developments, and upcoming milestones. Maintaining clear records and documentation ensures that both the legal team and the client have an accurate and up-to-date understanding of the case. This enables clients to have a comprehensive record of their legal matters and facilitates effective collaboration between the client and the legal team.
Additionally, actively listening to the client’s concerns and objectives allows for a deeper understanding of their needs and enables the legal team to tailor their approach accordingly. Regularly seeking feedback from clients ensures that their expectations are being met and provides an opportunity to address any concerns promptly.
In summary, managing client relationships in complex legal matters involves clear and honest communication, managing expectations realistically, providing comprehensive information about potential outcomes, maintaining timely and accurate communication, and actively listening to and addressing client concerns. By striking the right balance between understanding the client’s perspective and providing expert legal advice, client relationships can be effectively managed and successful outcomes achieved.
Q8. With your extensive research skills, how do you stay updated with the latest legal developments, court precedents, and amendments? How important is it to stay abreast of these changes in your field?
Staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice to clients. It is important to be aware of changes in the law as they can significantly impact legal strategies and arguments in a case.
Being up to date with legal developments allows a lawyer to understand the evolving legal landscape and adapt their approach accordingly. It helps in identifying new arguments or defense that may arise from recent amendments or court decisions. Conversely, it also ensures that outdated provisions or precedents are not relied upon, which could lead to embarrassing situations in court.
In today’s digital age, there are various resources available to stay informed about legal developments. Social media platforms, legal news websites, and legal research applications provide prompt updates on important cases, judgments, and legislative changes. These resources offer convenience and accessibility, allowing lawyers to tap into them for relevant updates in their practice areas.
Engaging in thorough research is a valuable tool for a lawyer. Researching and analyzing relevant case laws and precedents help in understanding different interpretations of the law and can strengthen the arguments put forth in a case. Additionally, discussing legal matters and exchanging knowledge with colleagues can broaden the information source and provide different perspectives on legal issues.
In summary, staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice. The availability of digital resources and engaging in research and discussions with colleagues help in staying abreast of such changes, ensuring that legal strategies are informed, current, and aligned with the most recent legal developments.
Could you share a challenging case you encountered and the innovative solution you developed to overcome the legal risks and complexities involved?
In one challenging international commercial arbitration case, the opposing party had made a demand for breach of contract wherein various transactions were executed between the parties. However, upon reviewing the agreements between the parties, we discovered a loophole. One of the agreements stated that the transaction in question would be subject to the law of the country where the entity was registered.
Taking advantage of this loophole, we developed an innovative solution. We argued that the entire transaction should be deemed void based on the law of the country where the entity was registered, without delving into the nature of the transactions or the parties’ breach of obligations. Our argument focused on the interpretation of whether a transaction not mentioned in the list of valid transactions should be considered valid or whether the lack of inclusion in the list rendered it invalid.
This case demonstrated the importance of thorough contract analysis and creative problem-solving in finding alternative legal arguments to support our client’s position. By identifying the loophole and developing an innovative argument, we were able to overcome the challenge posed by the opposing party’s breach of contract claim.
Lastly, what advice would you give to fresh law graduates who are just starting their careers? Based on your experience, what key qualities or skills should they focus on developing to succeed in the legal profession?
For fresh law graduates starting their careers, here are some key advice and qualities/skills to focus on developing:
1. Gain Procedural Law Exposure: It is essential to have a good understanding of procedural law, as many litigations originate from district courts where procedural aspects play a significant role. Familiarize yourself with court procedures, filings, and the rules governing different types of cases. This knowledge will be valuable when handling litigation matters.
2. Research Skills: Cultivate strong research skills, as they are the foundation of a successful legal practice. Learn how to efficiently find and analyse legal precedents, statutes, and relevant case laws. Being able to navigate through legal databases and stay updated on the latest legal developments will give you an edge in providing well-researched advice and building strong arguments.
3. Perseverance and Industry: Consistency and hard work are crucial in any profession, including law. Embrace the challenges and setbacks that come your way and maintain a determined attitude. Success in the legal field often requires continuous learning, adapting to changes, and consistently putting in the effort to excel. Perseverance will help you navigate through tough times and emerge stronger.
4. Effective Communication: Develop strong communication skills, both written and oral. Clear and concise communication is vital in conveying legal concepts, negotiating, drafting documents, and representing clients effectively. Practice and refine your ability to communicate complex legal issues in a way that is easily understood by clients and colleagues. One of my mentors always used to say, if you are not able to state the problem in less than 3-4 lines that means you have still not understood the crux of the problem which needs to be addressed.
Can you tell us about your journey in the legal services industry and how you ended up specializing in Tech, Internet, Software, and Contract Law?
My legal journey started in a boutique law firm, which specialised in a variety of areas of law, including civil, criminal, commercial, property and corporate law. I would spend my time as an intern focusing on obtaining the maximum exposure I could in these afore-mentioned areas of the law, to provide me with not only general legal knowledge but to afford me with the ability to ascertain the branch of law I would later specialise in. Many long hours were spent in front of the photocopy machine during this stage. I soon graduated as an intern to overseeing the commercial and civil departments of this boutique law firm.
Shortly afterwards, I was afforded the opportunity to move on to mainly in-house counsel roles where I was responsible for heading up the legal department and attending to all corporate matters for a start-up business institute company in South Africa.
Thereafter, I moved to join the commercial department of an international company based in the U.K., as a Senior Associate. This company specialized in outsourcing legal services to both top-tier law firms and tech savvy businesses around the world. My passion for technology, internet, software and contract law was born during this stage of my legal experiences, where I was working with front runners of the tech industry and their legal needs on a daily basis.
Subsequently I was headhunted by a European-based company, with worldwide offices, to join their team as their Head of Legal. This position afforded me with the opportunity to work and grow with a start-up company, where I was responsible not only for the legal aspects a company faces from day-to-day but also the operations, marketing and business performance of the company. This gave me a full house experience of all the operational aspects within a company. However, I soon craved to get back to technology and contract law. It was then that I decided to venture forward to become a freelance legal counsel working with companies across sectors, whilst focusing in the area of business and legal consulting on technological related transactions, outsourcing agreements and covering the full spectrum of commercial and business law related issues.
As a U.K. qualified Barrister and Multi-Jurisdictional Lawyer, you have worked with clients across local and international borders. How has this diverse experience shaped your perspective on legal issues and cross-border transactions?
I have found that as businesses continue to grow and open offices in multiple locations, to meet the demands of the evolving global marketplace, clients are keen to obtain trusted legal counsel who are able to understand their business needs and provide specialist advice not only on the local laws of the countries in which the client is based, but also in other jurisdictions. This allows the companies to grow holistically, in that legal counsel is able to support and negotiate on behalf of the company with parties in multiple countries that typically have varying, and sometimes conflicting, legal and regulatory environments. Cross border transactions are often complex and challenging, as you are faced with cultural differences that may impact business negotiations, language barriers, and conflicting laws which can sometimes impede the legal process. However, what is key is to always come from a place of patience, respectfulness, and have open communication.
You have extensive experience in reviewing and drafting various types of contracts in the tech industry, including Software Licensing, SaaS, PaaS, IoT, and AI-related contracts. Could you share some insights into the unique challenges and considerations when dealing with these types of agreements?
The main challenges of drafting and reviewing tech/software/internet related contracts is to ensure that you have understood the client’s business and have obtained the maximum information from the client. As I draft bespoke contracts for my clients, I find it imperative that I understand my client’s business model, needs and concerns before putting pen to paper. This sometimes involves numerous rounds of Q&A. But sticking to the process, no matter how tedious it can sometimes be, ensures that I am able to minimize my client’s potential risks and provide suitable advice and recommendations.
Contracts are the focus point for many business transactions as they document the relationship, services, products and rights of each of the parties involved. As such, a well drafted contract should always aim to be unambiguous and clear so that it may be understood by a layperson, as well as not being open to judicial interpretation which may not be favourable to the client. Poorly drafted contracts pave the way for possible disputes between the parties when the interpretation of the terms of the contract and intention of the parties are questioned. Contracts should be seen as an asset for the client, protecting the client and other party’s rights, while making them feel safe and understood, so that the client is able to concentrate on important business matters.
Internet Law is another area of expertise for you, encompassing website terms and conditions, privacy policies, and contracts related to web-based and mobile applications. How do you navigate the evolving landscape of internet regulations and ensure compliance for your clients?
The best way to stay abreast of ever-changing regulations is to read continuously. I find that subscribing to legal journals and newsletters, which drop updates in to your mail box frequently are a great way of keeping up to date. Also, speaking with fellow colleagues in the same industry is always an added bonus. I am a firm believer that knowledge should be shared to allow us all to grow and evolve.
It is important to note that bar councils and other legal authorities are also available to provide guidance and practice notes to assist lawyers in remaining compliant with their legal duties towards their clients, as legal professionals.
In your role as a Head of Legal, you were responsible for setting up business operations, developing marketing strategies, and managing a team in a global organization. What were some of the key challenges you faced in this position, and how did you overcome them?
I have always loved practicing law, so whilst embarking on this journey as Head of Legal, I attempted to enjoy each step and to meet any challenges head on. I would say that the most challenging was the constant travelling and the long working hours. It was sometimes difficult to remain motivated when you are working 7 days a week for a minimum of 12 hours. I also had a young family at this time, and sharing my time with them was equally (if not more) important and required great discipline and time management on my part. It is always imperative, as lawyers and legal professionals that we keep in mind what matters in this world, so that you are able to strive for personal development in your career whilst also making memories with those that are close to you. Striking this balance is not always easy, but the rewards are innumerable!
During your tenure as a Director of Legal Affairs, you focused on corporate administration, contract review, and training programs. Could you elaborate on your experience in developing comprehensive training programs on legal and business-related principles?
While I was working with this company as the Director of Legal Affairs, the company developed a new branch of their business which aimed at educating both high school graduates and well-seasoned business people on various aspects of business administration and management in the hospitality industry. It was at this time that I was approached, by the company and a recognized university, to work together to develop and offer a training module for their Management Development Programme, focusing on the laws that a business owner would need to successfully run a company. This was a 12 week intensive program, accompanied by assessments to gauge the students understanding of the information being taught. It was a highly rewarding experience which gave me new found respect for teaching professionals, as well as great pride in playing a small part in sharing knowledge with others.
I subsequently also upskilled myself and became a registered facilitator and moderator for certificate-level training courses.
You have published several articles on topics such as outsourcing technology services, virtual merger agreements, and executing legal agreements through innovative methods like WhatsApp. What drives you to share your knowledge through these publications, and how do you stay updated on the latest trends and developments in the legal field?
I believe that knowledge is not something we should keep hidden. Knowledge shared means that we all grow, and as a result we better ourselves but also our environment. Engaging in educational pedagogy sharing is great for building rapport and relationships, makes us become stronger as professionals, and within the workplace, it supports growth and innovation amongst all team members.
As provided earlier, I stay abreast of the latest trends and developments in the legal field, not only through subscribing to relevant journals/newsletters, but also communicating with my peers, discussing legal cases with them, and developing a thirst to become the best version of myself so that I am able to provide my clients with a high-quality service.
With your wealth of experience, what advice would you give to fresh law graduates who are considering a career in the legal services industry? What skills and qualities should they focus on developing to succeed in today’s legal landscape?
To those of you, who have just completed your law studies, I would say that you should concentrate on establishing your passion, put your head down and work hard, absorb as much knowledge (both printed and practical) as you possibly can, remain humble and true to yourself, and always aim to provide an exemplary service to your clients.
To succeed I would say the qualities you should focus on is to remain authentic, be positive, work hard and be determined and diligent. In terms of skills, the sky is the limit. Choose what you have a passion for, and immerse yourself so that you become an expert whilst always increasing your knowledge either through taking courses, speaking with fellow peers, or reading.
Throughout your career, you have worked with start-ups, established companies, and individuals. What have been some of the most rewarding aspects of providing legal counsel to these different types of clients?
The best reward is ALWAYS a happy client. There is no amount of words for the feeling of being able to satisfy your client’s business needs and having your client shower you with praises. Also, having clients from various sectors, and at different stages of their business or personal journey is a learning curve. Each lesson learnt makes for a stronger lawyer when the next client comes along. Each type of client brings their own set of challenges, which as legal professionals we must overcome. The best advice I can give is to take things slow and move one step at a time. Do not rush in too fast. The time taken at the initial meeting with the client is a significant step in ensuring the success of the job and a happy client.
As the legal landscape continues to evolve, what emerging trends or challenges do you foresee in the areas of Tech, Internet, Software, and Contract Law? How do you anticipate these changes will impact legal professionals and their clients?
The areas of technology, internet, software and contract law are ever evolving areas especially as we live in a technologically advanced era where change is inevitable. I foresee that these areas will continue to grow and expand, especially as more businesses venture for a global presence. This growth and development will no doubt challenge current legislation which is more suited for traditional businesses. Thus, the legal industry will be forced to adapt so that current legislation meets these changes.
To stay ahead of the game, legal professionals must keep themselves informed on legal and regulatory changes, but also familiarize themselves with the intricacies of their client’s business models, services/product offering, technology, and not taking a backseat, but becoming immersed and a champion of the client’s business is mandatory. Most important of all is setting the bar high and providing a QUALITY professional service at all times!
Sir, please tell us about your journey and how you ended up pursuing a career in law after graduating from the National Law School of India University?
After graduating from the National Law School of India University, my journey in the field of law has been both fulfilling and exciting. I always had a deep interest in understanding legal systems and advocating for justice, which led me to pursue a career in law.
During my time at the National Law School, I had the opportunity to study under renowned professors and engage in stimulating academic discussions. The rigorous curriculum and practical exposure provided me with a strong foundation in various aspects of law, including constitutional law, criminal law, corporate law, and international law, as well as developing skills like negotiating contracts, legal research, etc.
During my internships at the Trial Courts and High Court of Delhi, I realized that the law taught to us in college, is different in terms of practice in Courts like procedure, evidence, etc. Therefore, following my graduation, I began my professional journey by joining a boutique litigation law firm, where I started as an associate. This experience allowed me to work on a wide range of legal matters, including litigation, contract drafting, due diligence, and legal research. I had the opportunity to collaborate with seasoned lawyers and gain valuable insights into the intricacies of the legal profession.
While practicing at the law firm, I developed a particular interest in litigation and advocacy. This passion drove me to transition into a litigation-focused role, where I had the opportunity to represent clients in court, present arguments, and analyze complex legal issues. This phase of my career allowed me to refine my legal skills and develop a deep understanding of courtroom dynamics.
Over the years, I have had the privilege of working in both litigation and corporate legal, being in-house counsel to various MNCs. I have also had the privilege to work in domestic as well as international markets and with the diversity of not only strictly legal, but also public policy, advocacy, etc.
In addition to my professional work, I have also been actively involved in pro bono initiatives, providing legal aid to underprivileged individuals and contributing to social justice causes. This aspect of my career has been immensely rewarding, allowing me to use my legal skills to make a positive impact on society.
Overall, my journey in law has been a result of my passion for justice, a drive to make a positive impact, and a constant commitment to enhancing my legal knowledge and skills. I am grateful for the opportunities I have had and look forward to continuing my journey as a legal professional.
You have had a diverse range of experiences in both litigation and in-house legal roles. Could you share some key highlights or significant cases that have shaped your career so far?
Throughout my career, I have had the privilege of working on various significant cases and handling crucial legal matters, which have personally challenged me and were exciting projects. It is difficult to pin-point a couple here.
But generally speaking there have been cases in litigation both criminal and civil where you may arrive at a point when you think you have no case or no argument and then one needs to take a step back and think a little outside of the box and develop an argument. I think that is the least we owe to our client, to give more than our 100%. And when the Judge appreciates your argument and the fact you were able to find the point, that feeling is pure ecstatic. And frankly, I think it’s that feeling that pushes us to keep doing better in litigation.
Similarly, as an in-house counsel, I have been working with commercial transactional agreements, international or domestic, sometimes not only closing the agreement, which itself becomes a task, but also providing other solutions to get the maximum output from the deal. For example, bypassing domestic and international tax laws, corporate structuring of the deal, exposure to the least risk possible, etc.
These are just a few highlights from my career so far. Each experience has contributed to my professional growth, deepened my understanding of various legal domains, and reinforced the importance of being up-to-date with the laws, effective advocacy, strategic thinking, and meticulous attention to detail.
As the Director of Legal & Business Development at Indian Reprographic Rights Organisation (IRRO), you gained experience with international laws and commercial transactions. How did this role contribute to your professional growth, and what were some of the challenges you faced?
As Director, at the Indian Reprographic Rights Organisation (IRRO), my role was basically spear-heading the Organization. It involved working on domestic and international laws and commercial transactions, which significantly contributed to my professional growth. It was basically a Non-profit think-tank which worked towards helping shape the IPR policy and provide the government with inputs.
As it was the first time I was working in this kind of Organisation, the challenges were infinite. It was basically like working in a start-up. The team, initially, was small. I had to be responsible for all the decisions that were taken. Challenges like micro-managing everything, realizing that no one has heard of the Organisation, working with limited funds, government red-tape and diktat, FERA & FEMA regulations, etc. However, once you grasp your way around things, it becomes easy and the experience I gathered was amazing.
It helped me grow as it provided me with international Exposure. Working on international laws and transactions exposed me to different legal systems, regulations, and business practices. It broadened my understanding of how laws operate in various jurisdictions, enabling me to navigate cross-border legal issues more effectively. It improved my contract negotiation and drafting skills. It provided me with insights regarding compliance with regulations.
Overall, my role at IRRO provided me with invaluable experience in international laws, commercial transactions, copyright education, and stakeholder management. It enhanced my legal expertise, honed my negotiation skills, and deepened my understanding of the complexities of intellectual property rights. The challenges I faced, such as compliance complexities and managing diverse stakeholders, reinforced the importance of adaptability, strategic thinking, and effective communication in addressing multifaceted legal and business issues.
In your role as General Manager – Legal for Franchise India Group of Companies, you headed the legal team and dealt with policy and advocacy matters. Can you elaborate on the challenges you encountered and the strategies you implemented to ensure legal compliance while supporting the growth of the conglomerate?
As the General Manager – Legal for Franchise India Group of Companies, I was basically their Global Legal Head as Franchise India is an MNC with offices in 6 Countries and business almost everywhere in the world. My experience was different as the setup here was quite elaborate vis-a vis my previous Organisation. It had its own perks but its own challenges too.
A major challenge that I came across was that I have always been an individual contributor. While I did lead a decent team in my previous Organisation, being completely able to delegate work to someone who you have never worked with before, was tough for me. However, it took me a bit of time but that was the easiest of the challenges.
The more difficult challenges were dealing with multi-faceted legal compliance. The conglomerate operated in various industries, each with its own set of regulations and compliance requirements. Ensuring legal compliance across all sectors was a significant challenge. To tackle this, I developed a robust compliance management system that involved conducting regular audits, creating compliance manuals, and implementing training programs to educate employees about legal obligations. I also established strong relationships with regulatory agencies to stay updated on regulatory changes and engage in proactive compliance measures.
Policy and Advocacy: Dealing with policy and advocacy matters required a comprehensive understanding of the legal and regulatory landscape. I closely monitored legislative developments, engaged with industry associations, and actively participated in policy discussions. I collaborated with internal stakeholders to develop and advocate for favorable policies that supported the conglomerate’s growth objectives while ensuring compliance with applicable laws and regulations.
Contract Management: Since international agreements were a major part of the organization, it brought along the need to have knowledge of international laws and their domestic laws as well. The conglomerate engaged in a wide range of contracts, including lease and license agreements, strategic partnerships, service agreements, and distribution agreements. Managing and negotiating these contracts while safeguarding the conglomerate’s interests was a critical responsibility. I implemented standardized contract templates, streamlined contract review processes, and provided training to internal teams on contract negotiation and risk assessment. This ensured consistency, minimized legal risks, and expedited contract closures. Many times, there were language barriers too but I feel as long as both parties want to enter into an agreement, in good faith, challenges can be worked upon.
In summary, my strategies focused on proactive compliance management, policy advocacy, efficient contract management, stakeholder engagement, risk mitigation, and effective dispute resolution. By addressing these challenges, I contributed to the conglomerate’s growth while ensuring legal compliance and minimizing legal risks.
As the Legal Head for Medicover Group of Hospitals in India, you were involved in various acquisition and merger agreements, as well as corporate structuring. How did you navigate the complexities of these transactions, and what role did you play in ensuring smooth operations for the organization?
When I joined Medicover, the biggest challenge was COVID-19. I joined the organization at the brink of COVID and the times were tough. The challenges began right away being employee issues as people didn’t want to come to hospitals to work. Although the Organisation was great and swiftly provided all the protective gear and things to employees, it was still difficult for people as no one knew about the virus and the magnitude of it.
For smooth operations, I relied on the experience I have gathered till date. Before engaging in any acquisition or merger, conducting comprehensive due diligence was crucial. I oversaw the due diligence process, which involved analyzing legal, financial, and operational aspects of the target entities. By identifying potential risks, liabilities, and regulatory compliance issues, I provided valuable insights to the management, enabling them to make informed decisions.
Secondly, Structuring Transactions. Each acquisition and merger presented unique considerations, such as regulatory compliance, taxation implications, and integration of operations. I worked closely with internal stakeholders, external advisors, and management to develop the most suitable transaction structures. This involved assessing legal and regulatory requirements, drafting and negotiating agreements, and ensuring compliance with applicable laws.
Thirdly, Contract Negotiation and Drafting. This was comparatively easy as I have been doing this throughout my career and hence played a key role in negotiating and drafting acquisition and merger agreements. I ensured that the terms and conditions were favorable to Medicover Group while protecting its interests. This involved collaborating with the business and finance teams to identify key deal points, conducting negotiations with the counterparty, and drafting agreements that clearly defined rights, obligations, and protections. Throughout the acquisition and merger process, I identified and managed legal and operational risks. This included conducting risk assessments, implementing risk mitigation strategies, and advising the management on potential risks associated with the transactions. By proactively addressing risks, I helped safeguard Medicover Group’s interests and ensured the smooth functioning of the organization.
Fourthly, Regulatory Compliance. Healthcare is a highly regulated sector, and compliance with various laws and regulations was critical for smooth operations. I worked closely with regulatory authorities, such as state and national governments and healthcare regulatory agencies, to ensure compliance with licensing, permits, and other regulatory requirements. I also advised internal teams on healthcare-specific regulations, including those related to patient privacy, medical ethics, and quality standards.
Lastly, Integration and Post-Merger Activities. After completing an acquisition or merger, integrating the acquired entities into the Medicover Group was crucial for seamless operations. I collaborated with cross-functional teams to harmonize processes, systems, and policies. This involved managing legal aspects of employee transfers, aligning corporate governance structures, and ensuring compliance with Medicover Group’s policies and procedures.
Overall, although my stint was short with Medicover, it provided me with immense experience and the Management was amazing. The healthcare industry is quite fast paced and there are multiple issues everyday being compliance issues, litigations, licenses, adherence to govt. notifications (due to COVID), etc. My CEO trusted me with almost everything and relied on my expertise and advice and didn’t micro-manage. Medicover provided me with great exposure into a new industry with both domestic and international issues to be dealt with.
Throughout your career, you have gained extensive experience in contract drafting, negotiation, and management. What are some key strategies or approaches you employ when dealing with complex contracts or negotiations?
When dealing with complex contracts or negotiations, I employ several key strategies and approaches to ensure effective outcomes. Here are some of the techniques I use:
Thorough Understanding of the Subject Matter: Before entering into any contract or negotiation, I make sure to develop a deep understanding of the subject matter. This involves conducting comprehensive research, studying relevant laws and regulations, and familiarizing myself with the industry practices and standards. This enables me to identify key issues, anticipate potential challenges, and negotiate from a position of knowledge and strength.
Clear Communication and Active Listening: Effective communication is essential during contract negotiations. I focus on clearly articulating my client’s objectives and requirements, while also actively listening to the counterparty’s concerns and interests. By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs.
Preparation and Planning: Adequate preparation is crucial for successful contract negotiations. I thoroughly review all relevant documentation, including the contract terms, supporting materials, and any applicable laws or regulations. This enables me to anticipate potential issues, identify potential areas of compromise, and develop a well-rounded negotiation strategy. I also establish clear objectives and priorities, ensuring that my client’s interests are protected while seeking mutually beneficial solutions.
Building Relationships and Trust: Building trust and rapport with the counterparty is instrumental in reaching favorable outcomes. I strive to establish a professional and respectful relationship based on trust, integrity, and transparency. This can involve engaging in small talk, finding common ground, and demonstrating a genuine interest in understanding the counterparty’s perspective. By fostering a positive rapport, I create a conducive environment for finding common ground and resolving disagreements.
Flexibility and Creativity: Complex contracts or negotiations often require flexibility and creative problem-solving. I approach negotiations with an open mind, exploring alternative solutions and considering various options. This allows me to think outside the box and propose innovative approaches that meet both parties’ interests. I am willing to consider different perspectives, explore compromise, and find win-win solutions whenever possible.
Documenting Agreements and Managing Risks: Once an agreement is reached, I ensure that it is clearly documented in a comprehensive and enforceable contract. This involves carefully drafting the contract terms, considering potential future scenarios, and addressing any legal or business risks. I pay close attention to detail, ensuring that all relevant provisions are included and accurately reflect the parties’ intentions. By addressing potential risks in the contract, I help safeguard my client’s interests and mitigate future disputes.
Continuous Learning and Adaptation: The legal landscape and business environments are constantly evolving. I prioritize continuous learning, staying updated on industry trends, legal developments, and best practices in contract negotiation and management. This enables me to adapt my strategies and approaches to the specific context and leverage new insights and techniques.
By employing these strategies, I aim to facilitate effective contract negotiations, foster positive relationships, and achieve optimal outcomes for my clients.
As someone with a successful legal career, what advice would you give to fresh graduates who are starting their journey in the field of law? Are there any particular skills or qualities they should focus on developing?
Frankly, I don’t think that I am successful enough yet to give advice to other people. However, the few kids I mentor or if someone reaches out to me on LinkedIn for advice and how to proceed in their legal career after college, I just tell them a few things. Firstly, if its clear to you that you want to choose any specific field, that’s great. But if you are not clear, that works fine too.
For eg; some students are clear that they want to do only litigation. However, many first-generation lawyers like myself are not sure what to choose and how to go about it and of course there is lack of guidance. My suggestion is to try everything. Being a litigator has its own perks, but being in-house counsel is also great. It is only after trying things one can be sure if they like it or not.
The one thing non-negotiable is hard work. You must be willing to put in the hours with dedication. Smart work will only take to a certain level but hard work will always pay off in the long run.
You have written articles and provided opinions on various legal issues, such as copyright, education policy, and IT rules. How do you balance your professional commitments with your passion for writing and contributing to legal discourse?
To be fair, it is extremely challenging and hence I haven’t been able to publish more articles. However, I believe that engaging in legal writing and sharing my perspectives on important legal issues allows me to contribute to the broader legal community and promote meaningful discussions.
I must attribute some credit to NLS for this. The curriculum is so intense, it makes you respect deadlines and provide your best work in the shortest time. To manage this balance, I allocate dedicated time for writing and research outside of my professional commitments. I stay updated on legal developments, both through my work and personal research, which helps me identify relevant topics to write about. By effectively managing my time and prioritizing my commitments, I ensure that I can devote sufficient attention to both my professional work and my passion for writing. It requires discipline and careful planning, but the opportunity to contribute to legal discourse and make a positive impact on the field makes it all worthwhile.
Lastly, what are your future aspirations and goals within the legal field? Is there a particular area or cause that you are passionate about and would like to focus on in the coming years?
In the future, I aspire to continue growing and excelling in the legal field while making a positive impact. I am passionate about various areas within the legal field, including intellectual property rights, technology law, E-commerce and corporate governance.
One of my key goals is to contribute to the development and implementation of legal frameworks that promote innovation, protect intellectual property, and foster a fair and sustainable business environment. I am particularly interested in the intersection of law and technology, and I aim to stay at the forefront of emerging legal issues in areas such as data privacy, artificial intelligence, and digital rights. To keep myself updated with these, I try to take up courses available.
Additionally, I am committed to advocating for access to justice and promoting legal awareness among marginalized communities. I believe in the power of legal education and empowerment to bring about positive social change. In furtherance of this cause, I volunteer with a couple of NGOs which work towards prevention of Human Rights. I am generally open to other causes as well and people reach out to me on LinkedIn for advice.
In the coming years, I intend to deepen my expertise and provide my services to the clients. Apart from litigation, I am deeply interested in IPR Licensing, Financial Services & Insurance, Fin-tech, E-Commerce industries. I would love to work in these sectors and collaborate with organizations and stakeholders to drive legal reforms.
Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?
Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape.
I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.
Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.
I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir have made significant contributions to the legal profession, and I admire their expertise and insights.
These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law.
You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?
Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.
Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?
In the context of an advocate , Impartiality stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice. It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.
Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability.
If you inculcate all these things , you will tend to serve the purpose .
In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?
Well there are many to list but few of the significant challenges that the legal system face:
a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.
b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities
c)No of cases pending (backlog cases)
d)Technological Advancements ( Courtesy COVID we have been able to add to this )
e) Legal Reforms
f) Ethics and Professionalism
Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary.
Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?
Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.
To all those who see themselves in Litigation :
Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure.
I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession.
Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become.
Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?
I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.
You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?
When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China.
The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.
During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?
While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer.
As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.
You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?
Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of.
Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?
The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
