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  • Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with our readers how you ended up pursuing a career in law? What inspired you to choose this path?

    My journey into the field of law was a combination of serendipity and destiny. After completing my 10th board exams, the only apparent option seemed to be pursuing a subject that would lead to engineering. However, fate had a different plan for me. During the summer vacation, I had the opportunity to witness a moot court competition organized by NLU Bhopal near the city auditorium. The atmosphere in the room was electric, as the final rounds were judged by esteemed judges from the Hon’ble Supreme Court and High Courts. The participants’ relentless efforts to unravel the epistemological intricacies of the law struck me. It was at that moment that I realized my true passion lay in the realm of law.

    As a first-generation lawyer, what were some of the challenges you faced during your journey to becoming an Advocate on Record at the Hon’ble Supreme Court of India and the Hon’ble High Court of Delhi?

    Regardless of whether you come from a long line of lawyers or you are the first in your family to enter the legal profession, the challenges faced by lawyers are often similar. Tenacity and a strong work ethic are crucial attributes that can never be replaced. However, as a first-generation lawyer, the need to work harder may be more pronounced, as you may not have the same network or familial guidance in navigating the legal landscape.

    In my personal journey, I was fortunate to have friends and mentors who provided invaluable guidance and support at every step. As an alumnus of a prestigious National Law University (NLU), I had the advantage of knowing fellow lawyers practicing in various states across the country. Within a year or two of starting my independent practice, I began receiving work related to Hon’ble Supreme Court. It is worth mentioning that being an Advocate-on-Record (AOR) can significantly contribute to establishing oneself as a Supreme Court counsel.

    Could you tell us more about your specialization in criminal law practice? What drew you to these particular areas of law?

    I was always clear that to have a good litigation practice I need to start with the basics. With that in mind, I started my practice as a trial court advocate. The trial of Criminal law is very interesting. Every day you are representing someone whose dignity to life and property is at stake. Although all cases hold equal value, but in criminal matters, the exigencies are much higher. In trial court, the case revolves around hard facts and circumstances. It is in this spectrum of criminal jurisprudence the value of argumentative skills, research and legal strategy is put to real test.

    With over nine years of experience in handling litigation at the Supreme Court and various courts and tribunals in Delhi, could you share some memorable cases or achievements that stand out in your career so far?

    Throughout my nine-year career as a lawyer (which is relatively young), I have had the privilege of working on some captivating cases that have left a lasting impact on me. One particular case from my early years stands out, where I had the opportunity to represent a client who, as a woman, filed a domestic violence case against another woman. This presented an intriguing legal question: Could a woman file a domestic violence case against another woman? The courts in Delhi took notice of this matter and graciously decided to delve into the issue. Eventually, the High Court settled the matter, providing much-needed clarity on this aspect of the law. It was a significant moment, and I am grateful to have been a part of it, contributing to the understanding of domestic violence laws in such cases.

    At present, I find myself involved in a matter before the esteemed Delhi High Court that necessitates the interpretation of Section 143A of the Negotiable Instruments Act. This specific issue revolves around whether directors should fall under the purview of this section. It is a thought-provoking legal debate, given the absence of clear precedents or extensive jurisprudence on this particular matter. The court’s forthcoming decision will not only provide guidance on this issue but will also contribute to the evolving body of law in this domain.

    Additionally, I am currently engaged in another case where the Delhi High Court is carefully considering the scope and applicability of Sections 219 and 220 of the Criminal Procedure Code. The crux of the matter lies in determining whether multiple cases can be consolidated. This presents a captivating legal challenge, as it requires a meticulous interpretation of these provisions and an understanding of their practical implications. The court’s eventual ruling in this case has the potential to establish a noteworthy precedent and guide future proceedings involving the consolidation of cases

    As a panel counsel for many PSU and MNC clients, what are the key responsibilities and challenges that come with representing such diverse clients?

    Every client, regardless of their background or case, has similar expectations from their legal counsel. As an independent counsel in the legal service industry, it is essential to approach each case with honesty, dedication, and a genuine commitment to the work at hand. Maintaining a high level of professionalism and adhering to the client’s brief is paramount in providing quality legal services.

    Being an independent advocate also comes with the challenge of staying updated with the evolving landscape of the law, particularly when dealing with a mixed practice. However, I am grateful for my colleagues with whom I share my practice, as they provide a valuable network for knowledge-sharing and staying abreast of legal developments. Additionally, my associates contribute to the endeavors of each day, collectively working towards providing the best possible legal assistance to our clients.

    By fostering a culture of collaboration and continuous learning is necessary in current times. It is through this collective effort and dedication that I am able to navigate the complexities of the legal profession and meet the expectations placed upon by my clients. Further maintaining the highest standards of integrity, sincerity, and commitment in my practice is not only a professional obligation but also a privilege.

    In your experience, what are the crucial factors that contribute to a successful settlement in litigation, especially when dealing with matters of recovery, contractual disputes, and consumer laws?

    As I embarked on my legal career, I witnessed the increasing prominence of mediation and conciliation processes as essential components of the legal system. Recognizing the mounting burden on the judicial system, courts have established mediation centers within their premises, and certain statutes now mandate pre and post-litigation mediation. Embracing and respecting the process of mediation/conciliation has proven to be crucial in achieving successful settlements.

    As an advocate, my role is to guide clients towards settlement options and set aside personal interests during mediation. By actively participating in the process and facilitating negotiations, we can strive for amicable resolutions. Embracing mediation not only avoids lengthy and costly court battles but also empowers clients to actively shape the outcomes of their disputes.

    You have presided over a bench and been appointed as an arbitrator, Could you share any insights or lessons you’ve learned from these experiences?

    I have had the privilege of serving as a legal member from the bar in the National Lok Adalat, where I presided over cases. Additionally, I have been appointed as an arbitrator by parties to resolve their disputes. The role of an arbitrator or presiding member differs from that of an advocate. In India’s adversarial system, the presiding person is expected to maintain a non-interventionist stance. This means that as an arbitrator, I am obligated to be non-partisan and impartial, basing decisions solely on the submissions made by the parties and the records presented. It is not my role to act as a devil’s advocate in search of equitable justice.

    Maintaining neutrality as a non-partisan individual can be challenging, particularly given the overwhelming number of pending disputes that require resolution within a single day. However, it is important to remember that we are dealing with people and not just statistics. Striving for equanimity and impartiality is paramount, despite the difficulties. Each case before me represents real individuals and their concerns, and I always made sure that it is my duty to approach each matter with the utmost fairness and objectivity.

    As a pro bono advocate, how does it feel to provide legal representation to underprivileged sections of society? Could you share a significant pro bono case that made a positive impact on your career or personal life?

    As a panel counsel of DHCLS (Delhi High Court Legal Aid Service) and Delhi District Legal Aid, I have had the privilege of providing legal assistance to undertrial prisoners and underprivileged sections of society. In the pursuit of justice, it is essential to pay attention to the marginalized segments of Indian society, even amidst the economic growth the country is experiencing.

    In the realm of criminal law practice, there is often a focus on representing clients involved in white-collar crimes, where the potential sentences are relatively low. However, there are many instances where young adults are falsely implicated in cases such as mobile phone robberies, which carry significantly higher sentences. It becomes challenging for these individuals to secure legal representation throughout the trial, which typically lasts 2-3 years. In such scenarios, the availability of free legal aid and pro bono services becomes crucial. Advocates should consider it their commitment beyond their profession to provide pro bono service.

    During the COVID-19 pandemic, I had the opportunity to interact with an undertrial inmate in Tihar Jail. Despite having already served the maximum punishment of three years, the inmate was still languishing in jail due to delays in obtaining a release order caused by the limited functioning of the courts. Moved by the situation, I took immediate action and filed a bail application on a court holiday, presenting it before a duty magistrate. Through this effort, I was able to secure a release order on the same day, providing relief to the individual.

    These experiences highlight the importance of dedicated legal aid services and the commitment of advocates to serve society. By extending our support to underprivileged individuals and fighting for their rights, we contribute to a more just and equitable legal system.

    Finally, what advice would you like to give to fresh graduates who are aspiring to pursue a career in law? What qualities or skills should they focus on developing to succeed in this profession?

    Law is an intriguing field that has been evolving alongside the changing times. It is important to recognize that there are numerous career options in law available after graduation, beyond traditional paths like litigation or corporate law practice.

    For a litigating lawyer, certain skills are essential. Firstly, honesty is paramount. It must extend to the client and to the honorable court. Upholding honesty and integrity in all aspects of legal practice is crucial for maintaining the trust of clients and the integrity of the judicial process.

    Secondly, perseverance and hard work are key.  Contrary to the portrayal in John Grisham novels, the reality of a successful legal career necessitates ongoing dedication and consistent effort. One significant case does not negate the facet of continuous hard work. It is through sustained perseverance that an advocate can navigate the complexities of the legal profession and further it is important to recognize that success is not achieved overnight. It is a culmination of integrity, diligence, and an unwavering commitment to the ethos which you promised to yourself before entering the profession.

  • I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with us how you decided to pursue law as a career and what inspired you to take this path?

    To begin my professional story, I must start in Faizabad, where I grew up. Faizabad did not have many great educational opportunities, which led me to relocate to Lucknow. As a teenager, computer science, and technology generally, engrossed me and was all set to study computer science engineering. However, towards the end of Class XII, I had begun to take great interest in work that involved a more people-centric approach and leadership positions. I became increasingly interested in works that could affect people in a very personal way. Naturally, I veered toward the law. Of course, my family was surprised by my decision and  I did face resistance. Here was a bright student who could have potentially entered a great engineering college and secured his life or, at least, this is how my family saw it back then. My family did not consider law to be a profession of choice.

    Was it a rebellious decision to study law? I would say, yes. You see, the law was not as popular a course as it is today. And my mini-rebellion had to be tempered by studying law at the best place one could find in India. NALSAR fulfilled this criterion and with my family’s blessings, I got into NALSAR in 2003 and really enjoyed the next 5 years. I enjoyed law and legal studies and was almost smitten by it.  I am glad that I followed my heart and pursued law.

    Right after my graduation, I was offered the Shell Chevening Centenary Scholarship to study for a bachelor of civil laws (BCL) at Oxford University in 2008-2009. My time in Oxford grounded me in the law – overall it was a very humbling experience.  Until now, my most significant revelation has been the recognition of the vastness of the law as a discipline and  the extent of my ignorance. 

    The seminar system employed at Oxford acquainted me with distinct fields of study and acquainted me with fundamental concepts and ideas. These subjects were subsequently explored in greater detail during tutorials. Such a process necessitated diligent reading, and assimilation of cross-jurisdictional legal thoughts.

    Thereafter, I came to India and began work in the dispute resolution team at AZB & Partners (Mumbai), where I had the occasion of working with the very best litigators that a lawfirm in India had to offer. 

    I passed the Advocate on Record (AoR) Examination in 2017.

    You have a broad range of experience in different legal domains. Can you share with us how you gained exposure to such diverse areas of law?

    I have never tried to confine myself to any particular subject within the broad field of law. Obviously, there are areas within this broad field that I find more relevant or more interesting, but each area has its own charm—whether it be taxation law, dispute resolution, constitutional law, environmental law, commercial law, or criminal law, etc. The law is quite fluid. Indeed, as lawyers, we deploy disparate sources and subjects to put forth a particular interpretation of the law. It requires being insightful about a subject, but also to have a broadside view of the entire field. You should be able to see where your argument fits in the grand scheme of things – especially when law itself is fluid. In other words, one should not miss the forest for the trees. 

    My stint at AZB & Partners in Mumbai helped me familiarize myself with the various facets of dispute resolution and developing a solution oriented approach to working. Back in Lucknow, litigation work was varied, which involved everything from labour law to pure commercial law.   While at AZB, I was still guided by seniors; but at Lucknow with a different set of clients I had greater creative freedom. 

    Similarly, working in the chambers of former Solicitor General of India, Mr. Gopal Subramanium, exposed me to practical work in commercial, constitutional, criminal, and arbitration matters. I think, largely because of Mr Subramanium himself appeared in all kinds of matters, I began to assist him in variety of matters and eventually developed a practice that is diverse. 

    Could you talk to us about a case that you handled that was particularly challenging and how you managed to navigate through it successfully?

    Most cases in the Supreme Court come with their own set of challenges. One case that I particularly remember was the case concerning a town planning scheme in Raipur.  It was one of my earliest cases before the Supreme Court. After the first hearing, Mr. Subramanium who along with Mr Huzefa Ahmadi was leading us, advised us to get a complete record of the case running into several hundred pages and to make sure to have examined every page for legal points.  We managed to navigate through the case because we were very thorough with facts; and consequently managed to get the Supreme Court to decide the law also in our favour. It’s a different matter that the Government brought an ordinance to dilute the impact of the judgment. 

     As young lawyers, and perhaps even otherwise, we cannot neglect the facts and going through every page in the file is a necessity.

    As someone who has represented clients before both the Supreme Court of India and other courts, what are some of the differences in the approach that you take when representing clients in different courts?

    There is a marked difference in approach. This is primarily down to the nature of the jurisdiction of each court. Every step in a case is crucial and the approach differs in terms of the nature of arguments presented. First, the Supreme Court is the highest court in the land, and it is the final court of appeal. This necessitates a different approach than what you would normally take before a high court or a tribunal. This different approach entails finding out the error committed by the court below and identifying which point to place first. The window of presenting your argument is very short; and any delay or error in identifying the correct points worthy of Supreme Court’s interference is fatal. Even when questions of law are wrongly decided by the High Court, the Supreme Court may not want to interfere given the facts of a case.

    Second, in High Courts, the facts matter a little more; and on account of the obligation to give reasons – the hearing is also a bit elaborate.  Thus, the different approach is more down to the role of each court.

    I must point out that a counsel must be fully prepared no matter where the case is listed, because the basics remain the same.  When it comes to time, I feel that courts follow a pyramidical structure where the most amount of time is taken before the trial court and High Court.  In some cases, this is upset as well – which results in error which the Supreme Court then needs to correct. When this case goes before different courts, one needs to be mindful of the rules and legal principles that govern the jurisdiction and powers of the said court.  

    Can you share with us your experience working as a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence?

    I was appointed as Junior Standing Counsel for Income Tax Department before the Allahabad High Court at the age of 26. In 2017, I was also appointed by the Government of India as Junior Standing Counsel of Directorate of Revenue Intelligence before the Delhi High Court.

    As a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence, I was responsible for representing the Government of India in various legal proceedings, including litigation in the High Courts and the Supreme Court. I also provided legal advice to the Government on a variety of tax and revenue matters.

    My work as a Junior Standing Counsel was challenging and rewarding.  One thing that stands out is that while working with Income Tax Department as well as DRI, the officers are up to date with facts and sharp with law. They instructed me and for that matter all counsel generally pretty well. I enjoyed the professional approach that officers had while briefing their counsel.

    I had the opportunity to work on a variety of complex and high-profile cases, and I learned a great deal. I also had the opportunity to work with some of the best lawyers in the country. More importantly, I gained considerable experience by understanding the perspective of the state when it litigates before courts.

    What do you think are some of the essential skills that a lawyer must possess to be successful, and how have you developed these skills throughout your career?

    A lawyer is an amalgam of knowledge and communication skills. If you lack either, you are not a complete lawyer. Building a repository of knowledge requires a lot of sustained reading, and reading not just the law but various other subjects as well; and above all, listening. Writing comes next. Therefore, reading good texts and even well-written novels will help improve your vocabulary and the way you frame sentences – keeping in mind the audience.   Skills of critical thinking and analysis, are subsumed in the skill of acquiring knowledge.

    The other skill is communication, which comes in various shapes and sizes. From writing emails, to letters, to applications, to pleadings – we, lawyers write many documents, and in addition engage in serious oral advocacy – which again is a form of communication.  Lawyers need to be able to communicate effectively with judges, lawyers, clients, and even the general public. This includes being able to write clearly and concisely, and to speak persuasively. I developed these skills through my education, both at NALSAR and Oxford, through watching my seniors and peers, and inculcating the values of professionalism and hard work in my own work as an advocate. Having said that, I continue to work on it.

    Could you talk to us about any particular legal issue that you are particularly passionate about and why?

    I recently worked on the legal issues surrounding citizenship. I am fascinated by its legal conception and how the idea of citizenship has evolved over the years and its link to other rights. Hannah Arendt called citizenship “the right to have rights.” Arendt was skeptical about the concept of human rights—which, in theory, belong to every person but we are not sure how these rights are to be guaranteed. What role does the law play in securing rights to people is what fascinates me. The taking away of citizenship renders people stateless, a person who is not considered as a national by any State under the operation of its law. Statelessness often has a severe and lifelong impact on those it affects. They have little access to basic needs of life. I have written about the power of the state to render a person stateless, to strip them of citizenship and its attendant rights. In my paper titled, “Identifying the ‘Outsider’” in The Statelessness & Citizenship Review, I analyzed the law and the manner in which different courts addressed the issue of statelessness. The paper concluded that the framework of adjudication by Foreigner’s Tribunals does not constitute effective adjudication under the Constitution of India.

    Finally, what advice would you like to give to fresh graduates who are starting their career in law?

    I believe the important lesson for any fresh graduate is to be humble. This means treating everyone with utmost respect and humility, and to learn from everyone you come across. I have learned that you can gain valuable insight in the most non-traditional situations and from people you probably would not classify as “well-read”. When I started, and even today – I still often paginate petitions, correct typos, be corrected by junior and senior colleagues at the Bar, and take criticism with humility. 

    Shining on account of your work, wisdom and merit – continues to be one of the best ways to get work as a lawyer – despite what LinkedIn may suggest. It is important to be visible but the boundaries of ethics must never be breached. Where possible, attend various events for the sake of knowledge and reach out to lawyers in your area of interest. Building a relationship is important. 

    One also must learn to be patient, both with others and yourself. It takes time to build a successful career as a lawyer. Don’t get discouraged if you don’t find success right away. But you must put in the hard work and develop skills a lawyer must possess to succeed.

    Lastly, be passionate about the law. If you’re not passionate about the law, it will be difficult to succeed in the legal profession. Make sure you’re committed to the law before you pursue a career in it. One must have an attitude that if one lives a hundred years, one will learn a hundred years. Each day must be filled with some new judgment, principle, proposition, law, book, or an article that enhances your understanding of the law – or generally learn something new every day.

    Get in touch with Talha Abdul Rahman-

  • To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?

    I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.

    What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?

    There are several challenges that corporations and individuals face in litigation today, some of which include:

    1. Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
    2. Time: Litigation can take a long time, often stretching on for months or even years.
    3. Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.

    To navigate these challenges successfully, individuals and corporations should consider several strategies:

    1. Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
    2. Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
    3. Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.

    You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?

    Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.

    Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.

    Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.

    Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?

    Some of the most common issues that arise in property related transactions are:

    Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.

    In land transactions, revenue records remain to be updated.

    In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.

    Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.

    It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.

    How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?

    There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.  

    Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.

    I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.

    Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.

    And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.

    Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.

    Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?

    The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.

    Get in touch with Murtaza Kachwalla-

  • Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please tell us a little about your background and how you first became interested in pursuing a career in law?

    I was born and raised at Mumbai before I finally shifted my primary base to New Delhi to practice at the Supreme Court of India apart from maintaining a dual practice in other regions of India particularly- Mumbai and Chandigarh. I hail from a quintessential family of Advocates and Solicitors. My mother is practicing as an arguing counsel at the Bombay High Court and other forums at Mumbai since the past 37 years while my father is an Advocate, Solicitor qualified from the Bombay Incorporate Law Society and Advocate on Record at the Supreme Court. This year (2023) he completes 50 years as a practicing Advocate. My elder brothers and their wives are Advocates as well. My father founded a full service law firm at Mumbai 45 years ago. I have subsequently established the litigation practice of the firm at New Delhi, Chandigarh and Ahmedabad with associate offices at Vijaywada, Chennai and Kolkata. Interestingly, my wife and her entire family including her parents and grand-father are also Advocates based at Shimla Himachal Pradesh. I have founded my own Litigation Chamber-set at New Delhi by the name –‘Chambers of Aditya Bharat Manubarwala’. My wife – Akriti A Manubarwala and I jointly operate the Chambers; our team includes four full time Junior Counsels as well as Six Of-Counsels at New Delhi and Mumbai.  Undoubtedly, being raised in a family of lawyers had its impact on me; my causal visits to my parents’ law firm, my interaction with their lawyer friends, my occasional visits to the courts, particularly the Bombay High Court made me develop basic knowledge and idea about the legal profession much more profoundly in comparison to my non-lawyer family background friends. However, despite this background, my interests as a child lay in becoming a Doctor; as a teenager I wanted to be a journalist.  My views changed completely after I got exposed to the lectures and interviews of Mr. Arun Jaitley, Senior Advocate, Supreme Court of India and former Finance Minister of India. I have been an ardent follower of Mr. Jaitley and a self-proclaimed fan since my school days. Since school days, it has been my deep desire to contribute to the growth and development of India. Initially I thought I could do so by being a doctor or a journalist, however, upon closely observing Mr Jaitley’s journey, I got inspired to practise litigation while concurrently dabbling in the field of public policy and politics. As a seventh grader, I was caught by parents mimicking an Arun Jaitley speech in front of the dressing table in my house. I feel, subconsciously, I continue copying and attempting to emulate him. He was truly Guru Dronacharya to me. He was a guru I never met, saw, or spoke with, but whose profound influence continues to shape my career and personality to this day and will almost certainly shape me until my death….

    Tell us about your journey from law school, to Supreme Court including your experience pursing the prestigious Master in Law (LL.M) in International Law Degree at the University of Cambridge?

    I graduated from Pravin Gandhi College of Law, University of Mumbai. Being from a conventional law college has its share of challenges in this NLU-driven legal education regime that we find ourselves in. Faced with this gargantuan challenge of proving my worth, I embarked upon my legal education in a rather structured manner thanks to the advice offered to me by Dr. Justice DY Chandrachud, Now Chief Justice of India, then Chief Justice of Allahabad High Court, who suggested I follow a theme-based model in relation to planning my internships. Themes suggested were – an NGO internship, a policy internship, judicial internship, litigation internship, etc. Apart from following the aforesaid model, I concurrently spent a significant amount of time and energy honing my public speaking skills by way of debates. I won fifteen national and international debate competitions and was even featured in The Indian Express for them. I wrote extensively, first in my own blog, then research papers in law journals and finally in newspapers and blogs. My habit of writing has continued, years after my graduation. I believe writing requires clarity of thought and precision derived from sound research. Writing regularly is akin to working out the mind, and this in turn has a direct positive impact on one’s speaking abilities. Regularly writing and researching has helped me develop my courtcraft as a counsel to a great extent. As of 18-10-2021, I have been published in newspapers and journals across nine countries, including the USA, UK, Belgium, Thailand, Bangladesh, Pakistan, India, Nepal, and Afghanistan. Even now I regularly contribute Op-Ed articles to prominent news papers like – The Hindu and The Indian Express    

    Looking back, it seems like quite a journey. My first brush with the Supreme Court was as a “Research Associate” in 2016 to Mr Justice F.M.I. Kalifulla, then a Judge, of the Supreme Court of India. I remember a rather funny anecdote. I was interning with Mr Justice Shantanu S. Kemkar, then a Judge of the Bombay High Court, in June 2016. It was my first judicial internship. Upon completion of my internship in June with Justice Kemkar, I informed him about my next internship as a Research Associate being in the Supreme Court of India in July 2016. Justice Kemkar in jest said that “you got promoted from High Court to Supreme Court in just a month, certainly much faster than me”. Although said in complete jest, his statements proved correct in a rather different sense. Upon commencing work at the Supreme Court, I grappled with vast, disparate laws. The breadth and sheer diversity of the work I experienced in the Supreme Court was far more than what I experienced in the Bombay High Court. It dawned upon me that practising in the Supreme Court is certainly difficult, but the experience and knowledge gained is insurmountable and unparalleled to working in any other court in India, or maybe the world.  My next brush with the Supreme Court was upon my selection as a Law Clerk-cum-Research Assistant to Mr Justice Vineet Saran, Judge, Supreme Court of India. I worked on one thousand cases whilst there. Working as a law clerk and subsequently as an Advocate at the Supreme Court of India has been one of the most enriching experiences of my life. Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding.   As a law clerk, I provided significant research on on-going cases up for final hearing. Amongst other things, I also prepared short briefing notes which essentially summarised the entire special leave petition in 1 or a maximum of 2 pages. My ability to comprehend, process, and interpret vast, diverse, and frequently complex legal propositions grew significantly as well. One of the Judges of the Supreme Court of India once told me early in my tenure, that a lawyer, who can write well, is a lawyer who can speak well. I could not agree more with this. As a law clerk, a significant amount of time is spent reading paper books related to important cases, which is then processed and churned out into concise notes; a logical corollary of this is improved writing skills, which, in turn, significantly improves verbal communication. A clerkship serves as a great prepping experience for a lawyer attempting to build his/her life in litigation, especially as an arguing counsel.   Upon completion of my tenure as a law clerk, I pursued an LLM at the University of Cambridge. While there, I was offered a job as an associate by a top-tier law firm in London. However, all my life I viewed the law as a tool towards social transformation. I always believed in making a difference by being the difference. I deftly avoided succumbing to the temptation of a high paying “fancy” job in the UK and decided to return to India to play my small part in nation building. Once back in India, my experiences and exposure as a law clerk motivated me to commence practice at the Supreme Court of India as a counsel. I closely work on cases on behalf of the State of Maharashtra, State of Goa and State of Madhya Pradesh at the Supreme Court, apart from maintaining a commercial and corporate practice at the National Company Law Appellate Tribunal, New Delhi and Bombay High Court. I also appear on a regular basis before Arbitral Tribunals presided over by former Supreme Court and High Court Judges Apart from my life as a litigating lawyer, I also deliver guest lectures and speeches at national law universities, law colleges and professional bodies. I also work closely with the Parliament of India on issues of law and public policy. I have been appointed by the Union of India and the State of Madhya Pradesh as their Counsel at Supreme Court, making me one of the youngest Advocates representing them at Supreme Court.

    Kindly share with our readers your experiences as a young litigator at Supreme Court and share any advice you would like to young law students planning to join the field of litigation.

    I will not lie; initial years as a young litigating lawyer are tough. It is not a bed of roses. There is an assumption that having a legal background helps one get flooded with work. I beg to differ. Clients trust a lawyer by his own ability and more than anything else the results delivered. The best publicity in the legal profession is by word of mouth. It takes several years of hard work and consistent performance for ones practice to start developing. I have been fairly fortunate to have work coming to me from the word go. I initially joined the Chambers of Mr. Tushar Mehta, Solicitor General of India and concurrently worked as Of-Counsel to the then Mr. Arun Pednekar, Standing Counsel of Goa at Supreme Court (now Judge of the Bombay High Court.) Both my seniors were very encouraging, they helped me not only learn the tricks of the trade in terms of knowledge development and exposure but also gave me the freedom and confidence to develop my own private practice. I was advised by Mr. Soli Sorabjee who was our family friend that to survive at Supreme Court one needs appeals coming from at least two states regularly. I took these words very seriously and spent considerable amount of time developing my relations and networks in multiple Indian States including Maharashtra, Goa, Andhra Pradesh, Himachal Pradesh, Punjab, Haryana and Gujarat. Initially, I did not get much success but as time went by my work increased from all these States and now I have regular work flowing from these States. As my work started increasing, I would re-invest my earnings back in the profession by establishing my own office, dedicated team of staff and junior counsels. I believe that for optimal and sustained growth, young professionals should avoid saving money, they should re-invest what they earn back in developing their profession. For every amount invested in the profession, the profession gives back in leaps and bounds. It is important for a young lawyer to not get demotivated or dejected. The first five years in litigation are very demanding and most leave the litigation field due to lack of success. It is also important to not compare your financial growth with your peers in corporate law. The growth in litigation after initial years of struggle is multi-fold and much more than any possible increment in salary. A successful litigating lawyer is any day more well to do financially than a corporate lawyer. I also sincerely suggest young lawyers to never limit themselves to any one forum. I have been fortunate to get lot of work at Supreme Court initially but I am always open to going to other forums for work. Being a ‘Yes man’ is a mantra every young lawyer should master in relation to being open for work in other forums. It is also important to have your work coming from diversified sources. Being too dependent on one source can be very dangerous. For instance, I have not let any one source of work exceed 20% of my total work. This way even if one source of work stops, there is no devastating impact on ones work flow and income.    

    Can you share the type of work you do on a daily basis and the kind of cases you take up?

    I do a mix of commercial, corporate, criminal, service and civil litigation. I also appear on behalf of State of Madhya Pradesh and Union of India as their Counsel at Supreme Court. I also regularly appear before Hon’ble Supreme Court of India, New Delhi High Court, Bombay High Court, National Company Law Appellate Tribunal, National Company Law Tribunal, National Green Tribunal, Central Administrative Tribunal, National Consumer Forum, State Consumer Forum, Appellate Tribunal for Electricity. My area of practice broadly includes – Public & Constitutional Law, Banking law, Corporate laws, Insolvency & Bankruptcy Code, Civil and Commercial law, Energy law, Consumer and Insurance Law, White Collar crimes, Environmental law, Service and Labour law, Real Estate and Property

    Law, SEBI, Electricity laws amongst others.

    You have been in many international roles from the time you graduated-Advisory Board Member for Asian-African Chamber of Commerce and Industry, Global Peace Ambassador to India, Special Advisor to President of Afghanistan. What is the most challenging role you took up? And what is your most favourite role?

    All roles have had their share of challenges. I cannot single out one particular role, but the most unconventional role has been that of being Special Advisor to the Office of the President of Afghanistan, Ashraf Ghani. I assisted in working out a framework for the Afghan National Water Policy, focusing particularly on the international water dispute resolution mechanisms between Afghanistan and Pakistan and Iran. I also prepared a policy document on reforms to the courts and administrative system of Afghanistan adopting a comparative international approach, particularly studying the Indian, UK and American models.

    Get in touch with Aditya Bharat Manubarwala-

    Phone number- +91 98198 25338

  • The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, our audience would like to know about your journey before you joined Cyril Amarchand Mangaldas

    I was born and brought up in Patna and did my schooling from Patna (Don Bosco Academy and St Michael’s High School). Just like any other middle class household, focus of my parents had always been on education. During school and even college I had just been an ‘above average student’. Whilst I was never the batch topper, from as long back as I can remember, I always wanted to actively participate in any event that came my way, which was related to public speaking. This was maybe the decisive factor in me opting for law. I completed BA LLB (Hons) from GGSIPU, Delhi in 2016. Before joining Cyril Amarchand Mangaldas, I have worked with Shardul Amarchand Mangaldas and briefly with Dentons Link Legal, Delhi office (Link legal was a campus placement). During my law school tenure, I had the opportunity to work as an intern under the able guidance of excellent general corporate teams of some of the best law firms in the country. I am currently working as a Principal Associate with Cyril Amarchand Mangaldas. My practice area primarily includes domestic and cross-border M&A transactions, and general corporate matters including restructurings.

    How were your initial years as a junior associate?

    There is a general perception that the initial years are tough if you are working with a law firm. Irrespective of whether you are working with a law firm or working with a senior in a chamber etc. you need to work really hard as a junior. This is inevitable and every fresher has to face this, and even I was no exception. The fear of the unknown, fear of making a mistake used to be perpetually there. As a fresher everything you are doing is new to you. There is a huge gap between theoretical knowledge and its practical application.  Hence, a junior has to spend more hours and there is no short cut to that. The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others. This profession demands hard work (irrespective of the designation) and the sooner you accept this the better it is.

    Hard work and sincerity will always be given preference over just intelligence. Infact I firmly believe that if the initial years are too comfortable (in terms of work quality, number of hours etc.) it will in some way or the other adversely impact your professional growth. I was fortunate to start my journey under the guidance of some of the finest corporate lawyers of the country. If you have good seniors, you feel motivated to push yourself and give your best. Hence, I believe that role of a senior is also crucial for the growth of a fresher. People mostly quit bad seniors and not the organization or the work. A lot has been written and said about having a ‘work life balance’. This is something very subjective. Someone may get free at 7 in the evening and may feel the lack of motivation to pursue any other hobby, while the other may get free at 10 in the night and may be able to pursue a rejuvenating hobby.

    What is your take on the on-going discussions in relation to mental health issues being faced by young lawyers?

    Each of us may have issues which we may not be able to or be willing to share with everyone (specially office peers). Waking up every morning, separating your personal and professional life and going out, giving your 100 percent is never easy, in such a situation. Mental health should be taken very seriously by each individual and by peers as well. Specially in a profession like ours where you need to always give your 100 percent, not just to thrive but even to survive. It is nearly impossible to work efficiently if there are things effecting your mental well being (reasons could be personal or professional). Allowing your peers and team members that space to open up, talk about such issues can go a long way in not only increasing overall work efficiency but also in building strong bond between the team members.

    Sir, you have carved out a career in one of the best law firms in India. What were the things you did right (and wrong) in your journey so far?

    I would break this answer into two halves- one being the time spent in law school and the other half being the time spent as an associate in law firms.

    During law school, specially during the 4th and 5th year, I realized the importance of internships. If you are not from the top 5-6 national law schools, there is no other way to start working with good law firms. An internship gives you an excellent opportunity to show case your hard work and sincerity, and I believe every law student should take up internships very seriously and never intern merely for a certificate or just to fill up CV. I personally took my internships very seriously and tried to make the most out of them. Infact the team I have been working with from the past 6 and half years is the same team I interned with in my final year in law school.

    Once you start working, the first thing which you should do is try to develop dependency, and learn to be accountable for your work. ‘Being available to help’ and ‘working hard’ are the two most important attributes. You may not be the smartest one in the room, but you can work harder than the majority. That is totally under your control. Every criticism should be accepted with a positive frame of mind. As a junior one is bound to make mistakes. The most important thing is how you outgrow your insecurities and learn from your mistakes. One should never try to settle for less, specially during the formative years as a lawyer and try to always push your limits. If you start giving too much importance to work life balance in the initial stage of your career, some way or the other your professional growth may get hampered. However, I see this as a choice- one may prioritize work life balance coupled with gradual and slow growth over sharp growth over a short span. Hence, it should always be a personal decision. 

    The major part of your career revolves around corporate law. Which aspect of this thrills you the most?

    Every aspect of my work thrills me to be honest. If you don’t love what you are doing, there is something wrong with either what you are doing, or your career choice. As a corporate lawyer you get to work on some of the biggest M&A deals happening in the country. You get to engage with, work with some of the sharpest minds across various sectors. You grow not just professionally but also personally. That I believe is the most satisfying aspect of the work I majorly do.  For students / professionals who want to work with law firms, the motivating factor should always be good quality of work, better learning curve, experienced seniors to work with. One should never get carried away by hearsay negative feedback about an organization or law firms in general. At the same time never get carried away by the ‘Harvey Specter’ effect where you get enticed by other lesser relevant factors (clothes, cars, money). In long run everything follows if you are motivated and willing to work hard. ‘Overnight success’ doesn’t exist. Each day counts.

    You have effectively facilitated some major Mergers and Acquisitions. What are your key learnings while dealing with those cases?

    In my limited experience what I have understood and learnt so far is that working hard, staying updated and on your toes, are not just the only areas where you need to be good at. In addition to the above, meeting client expectations and being able to meet deadlines (internal as well as external) is something which is very important. All the hard work, sincerity is of no use if you fail to meet expectations of your senior or the client. I believe majority of the success one attains in one’s professional journey comes from being able to ‘understand and deliver as per the expectations’. Efforts which are channelled always meet better results. Hence, before working on any deliverable, understanding expectations of your client / senior is of utmost importance. 

    Internships in Tier-1 firms have been the hardest yet most desired by budding law graduates. Can you share a few suggestions which could help them to materialize the same?

    Networking and visibility is the key. Law students, specially from tier 2 and tier 3 law colleges should make it a point to mark their presence both physically and virtually in legal space. This can be by way of being physically present for seminars and conferences and being active on Linkedin. Students should keep themselves updated and actively write articles/ papers/ blogs on legal issues and changes. One cannot expect approaching anyone directly without any prior interaction, and getting an internship at one go. Students should follow a two way approach for getting internships – (1) applying well in advance (6-7 months atleast) to atleast 30-40 law firms and following up regularly (sending just 1 email for internship is as good as not applying for an internship) ; (2) building a strong presence of Linkedin by way of writing articles/ blogs, getting in touch with seniors, alumni, sharing your work with them on a regular basis, and then approaching them for internship.

    What do you think is the best for a law student to do with respect to internships? Short-term internships over several genres of law or long-term internships in a specific field of law?

    Interning multiple times with the same organization, in the same practice area with the same team preferably is better than interning 10 times with 10 different firms across different practice areas. Interning in the same practice area multiple times helps you to hone your skills and build your knowledge base in that specific practice area.

    Do non-NLU graduates stand a chance as freshers with Top notch law firms?

    Yes, absolutely. As I said earlier, internships are the best way to showcase your hard work and sincerity. If you meet the basic threshold set by a team for a fresher, and are able to demonstrate the hunger to work hard, learn and grow, college will not matter. I am also not from any NLU for that matter.

    Sir, you have a myriad of journal publications under your name. How important do you think publications are for a law graduate, both as a student and as a professional?

    Research papers become a talking point in your interview. No law firm will hire you just because you have 5 good publications. However, it does demonstrate that you have good research skills and that you were able to analyse a legal point. In an interview if you are able to substantiate on that legal issue, it can go a long way in creating a positive impression in the mind of the recruiter.

    What is the importance of moot court competitions in a CV?

    Just like a paper publication, no moot court competition can get you a job. Even if you end up winning 5 moots, no law firm will hire you solely on that ground. Participation/ winning a moot court competition demonstrates that you have good research skills and again it would be a talking point in your interview. However, I would encourage all law students to actively participate in moot court competitions and write research papers. In law school you would get to learn application of law mostly by way of your participation in co-curricular activities. 

    Lastly, what advice would you like to give to Non-NLU graduates who have big aims to get into prominent tier-1 law firms? 

    With my limited experience in legal space, the only advice I can give to anyone is to have faith in hard work, and sincerity. Hard work and sincerity would always be preferred over intelligence. Have short term goals for each semester and decide how many papers you want to write, where do you want to intern, how many research papers you wish to publish and then act accordingly. Belief in hard work more than destiny should be the mantra.

    Get in touch with Akshay Pathak-

  • The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?

    I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow  and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to  independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about  change in society  Moreover  I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field. 

    You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?

    My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers,  initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted  by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases  and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.

    The hard work you do in your senior’s office helps  a lot when you start your own practice.  

    You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?

    I was one part of a team of lawyers who appeared before various  Constitutional benches of the Supreme Court and it  was an exhilarating experience. When you appear before the constitutional bench , you are part  evolution  of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and  as young lawyers there is a lot of  pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your  legal mind. 

    You have represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?

    Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they  also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important  tasks of a lawyer.  Clients are also part of the process. 

    You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?

    Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered  to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement  , otherwise it might also become cumbersome.

    What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?

    My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.

    Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?

    My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.

    By practical experience I mean , they should start working like a lawyer ,even when they are  interns, don’t wait  for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand. 

    Build rapport  with your teacher, seniors ,colleagues and even  boss.

    Everyone has a different journey , but your seniors can always shows you the path.

    Get in touch with Yasharth Kant Srivastava-

  • It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, could you please tell us a little about your background and what led you to pursue a career in law?

    I’m a law graduate from Campus Law Centre, Faculty of Law, University of Delhi, and thereafter I’ve done my masters from Queen Mary, University of London. I’m also an advocate on record at the Supreme Court of India. The areas of my expertise include civil and commercial law, property law, writ litigation, and advisory. I represent clients and appear before the Supreme Court of India, the High Court of Delhi, and District Courts. I had a fair idea that I wanted to pursue law as a profession since my school days, and that developed further after my graduation.

    You’ve worked for various organizations as a panel advocate. Could you walk us through what you learned from each experience and how it has contributed to your overall growth as a lawyer?

    My work as an advocate and my engagement as a panel advocate of government bodies have made me appreciate the importance of the complex interaction of centre, state, and local law. I decided to pursue law because I believe that the law is a critical tool for addressing problems facing our national and immediate environments and for securing a high quality of life for the citizens of society. The work undertaken by me as a panel advocate helped me build on my background, skills, and knowledge, which propelled my growth in the legal profession.

    In my previous experience as a panel advocate, I have learned and grown due to the complexity of litigation involved in such assignments and the responsibility of representing government agencies. I would like to believe that working directly with government entities in the legal system has given me opportunities to see how the law affects real people and how it works in real time.

    Could you share with us some of the most challenging cases you’ve handled in your career so far, and how you approached them?

    The most challenging cases that stand out distinctively in my mind would be a batch of review petitions for enhancement of compensation in a land acquisition matter in the Supreme Court early on in my career. This was my first independent appearance and an opportunity to argue a case before the Supreme Court. This case gave me the confidence to draft and plead a case from its inception to its rightful conclusion. These are rare opportunities for a young lawyer, and I would like to thank my senior, Sh. S. K. Pabbi, for the same.

    You’ve also been involved in legal aid and pro bono work. Could you tell us a little bit about your experience in this area and why it’s important to you?

    I’ve worked as a panel advocate with the Delhi State Legal Services Authority for three years. This has allowed me to observe the workings of our justice delivery system and has allowed me to contribute my small bit to the better implementation of reforms that legal aid strives for. After working with legal services authorities, I have gained a fair understanding of how the various elements of the justice system operate and how essential legal aid is for fulfilling the promise of access to justice for every citizen.

    Could you walk us through your research and publications, particularly your dissertation on Drawing Adverse Inferences from the Non-Production of Evidence in International Arbitration?

    I have developed my writing and research skills as a postgraduate student while writing my dissertation. The opportunity to write my dissertation taught me the basic research skills that any legal professional must master. This experience helped me gain insights on effective research techniques and improve my writing skills, which assisted me in sculpting my drafting skills as an advocate.

    How did you approach your academic studies, and do you have any tips for aspiring law students?

    My approach has always been to understand the fundamental principles of any law instead of knowing the number of the section or the name of a certain principle. It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws. It’s also important to develop a sense of curiosity and keep it alive as the years pass by. I would also advise law school aspirants to cultivate a healthy habit of reading.

    What advice would you give to fresh graduates who are just starting their careers in law?

    I would like to share something I read that has stuck with me as a first-generation lawyer, especially with those who want to work in litigation: “patience is not something you develop out of choice but because nothing else works.” At the risk of sounding preachy, I would advise law graduates who want to work in litigation to have perseverance and patience.

    Get in touch with Disha Singh-

  • As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

    As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase- Srikanth Hariharan, Advocate (India) and Solicitor (England and Wales)

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?

    I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah.  When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as  a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.

    You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?

    My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.

    Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.

    Could you tell us more about your time at Cambridge and how it shaped your career path?

    My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.

    From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?

    During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members.  The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.

    During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas.  I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.

    As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?

    There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.

    Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact,  I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.

    The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.

    You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?

    Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident.  The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.

    You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?

    Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever.  It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.

    Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law? 

    The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.

    If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate,  elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.

    Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.

    Get in touch with Srikanth Hariharan-

  • “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    How did you become a lawyer from being a poultry farmer and broom seller?

    After graduating in B.Sc from University Maharaja College, Jaipur, I ran small poultry farm along with selling brooms in local city areas. Managed day to day work, did labour / manual farm work & selling broomsticks. Upon one of my travel to New Delhi got a chance to see law firms which changed my idea from being a poultry farmer & broom seller to become lawyer. It was a very difficult phase of my life as to transition from being a labourer to become lawyer without any generational support, no one known in Delhi or in legal fraternity to support but it was one of the best times as well.   

    How satisfying has your journey been, transitioning from a litigator to becoming an in-house counsel with one of the topmost corporations, and now returning to being a partner and dispute resolution lawyer with a top law firm? 

    God has been kind. Being first generation lawyer was privileged to work with Karanjawala & Company India’s top law litigation firm. There practiced all segments of law criminal & civil. I appeared for various clients involving peculiar kind of legal issues before various Courts & briefed Senior Counsels. This made me not only learn the basics of law but how to appear before Courts and be dutiful towards Clients and most importantly Courts of Law. Apart from this practiced law with Chambers of Ankur Chawla for a short period where got experienced more of Trial Court.  

    I further worked with great corporates like Hindustan Unilever Limited (HUL) as Regional Legal Head where handled general corporate advisory related to Food Laws, IPR, Retail, Franchising, Brand Protection & General Litigation involving various segments of laws, Compliance & Reporting, Code and concept of business partnering.

    The experience with Indiabulls Housing Finance Limited taught me intricate nature of financial laws, complexities of Real Estate laws (RERA), Insolvency (I&B Code), Facets of Consumer laws, how to handle complex litigations & large legal teams.

    Wipro Limited being Information Technology Giant offered rich knowledge on global eco-system surrounding Ethical & Code practices, Trade & Sanction Laws, Anti- Bribery and Anti- Corruption landscape, Code Policy drafting clubbed with Enterprise Risk Mitigation, Functional Support to Internal Audit and other functions, training & delivery on statutory compliances to Audit Committee and Board. These stints benefitted me with overall rich experience in handling legal issues related to FMCG, Banking and Info Tech nature of businesses.

    All clubbed together are of immense legal & practical value which assist me to handle issues from Client & Business perspective. I must state that it’s an extremely difficult role to be In-House Counsel but it’s truly fascinating to help the brands grow in most effective & compliant manner. Today I appear in various Courts and practice law which I believe is the duty of being a true lawyer.     

    Whether working in-house or with a law firm, what are your thoughts and what are the key attributes required for a lawyer?

    Both are truly fascinating & satisfying. Working In House within Company has variety of attributes which may be:

    • Complete know how of your business & functions
    • Knowledge of Functional Laws & its implications
    • Red flagging key issues and reporting with ease and without legalese
    • Weak points, how to highlight with solutions absorbable by business partner
    • NO to be avoided as it’s taken as not able to business partner but have balancing approach
    • Exhibit & highlight your work upon every stage regardless nature of work else non-highlight of work at appropriate time & spot weakens its delivery value.
    • Ability to showcase achievement without delay to your superiors and demonstrate value towards the company

    Keeping above aspects in mind, the lawyer doing work in-house should be able to demonstrate the outcome immediately to management.

    Working with firm & lawyers- the key attributes which may be:

    • Ability to conduct swift & voracious reading of papers on short time
    • Grasp facts without any constraint
    • Prepare error free draft in easy legal language   
    • Up to date Legal knowledge of the issue at hand
    • Overall handling & case management (Start to End)
    • Client & partner satisfaction
    • Timelines and Delivery
    • Sincerity & Devotion – as outcome of the case is decided by Court where no errors can happen
    • Smoothly conduct conference with Client and Senior Lawyer
    • Conduct research of case laws, precedents for the issue at hand
    • Most importantly liking for law and legal profession
    • Maintaining diary of dates and filing  

    Considering above my view is – it depends on lawyer as to where the professional satisfaction is matched. Both are good to learn and practice law.  

    How do you provide the best possible legal advice to a client even though telling the truth may affect revenue?

    Firstly honesty is the only way. Must have non- negotiable honesty with clients whilst providing legal opinions or leading them in litigation. Represent them with honesty before Courts as primary duty of lawyer is being officer of Court. Secondly there is no substitute for hard work. Work hard on clients briefs and research law/ try your best to get relief for client without loss of integrity.

    How do you feel now that you’re back in practice from the in-house advisory?

    I think that both are always good and satisfying.

    To be successful you need to take bigger challenges and grow out of your comfort zone. That is what life is all about.

     However it is always good to be in active legal practice, help various clients resolve issues, appear before Courts for their rights and interests. This would mean to deal in real time cases, draft pleadings, research law and precedents which is very different than sitting in background and advising In- House. However it depends on what a personal choice is for a lawyer & what is the preference. Sooner and later the In House advisory would end due to job becoming mundane, no challenges, burn out or retirement but the legal world is always open for practice regardless of age.

  • Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

    Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?

    Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.

    Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.  

    You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?

    I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.

    I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.

    TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.

    By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.

    The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.   

    As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interesting experiences and outcomes?

    It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.

    One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.

    This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging.  However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.

    Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?

    Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.

    There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.

    Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.

    You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?

    This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.

    So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.  

    You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?

    This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.

    Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.

    Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.

    What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?

    As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.

    What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.

    What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?

    I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.

    Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?

    That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.