With your broad experience as an AOR in the legal field, what first inspired you to pursue a career in law, and what continues to ignite your passion for it today?
The law was not my first love, but like all great romances, it found me when I least expected it. Growing up in a small town, I saw justice as a distant grand ideal, often out of reach for those who needed it the most. At a very young age, I was able to observe and acknowledge the invisible establishments that do not allow equality to breed in society. What keeps me drawn to this profession is how justice is truly poetic, not just in its finality but also in the journey that it takes to get there. Justice, like a perfect poem, is not merely written but felt, its weight resting in the space between reason and longing. I grew into the law much like one grows into the rhythm of an unfamiliar but haunting melody. It wasn’t love at first sight, but somewhere between its Shakespearean tragedies and Wildean wit, I found my art, one that demands precision, patience and the perfect closing.
After completing your law degree, you went on to pursue a Master of Laws in Advanced Studies in Public International Law, specializing in International Criminal Law, at Leiden University. What led you to choose this specific university and specialization? Could you share some highlights from that experience with our readers?
Leiden University has a rich history in international law, and its faculty includes some of the most distinguished names in the field. My decision to specialize in International Criminal Law stemmed from my deep interest in justice beyond national borders. I developed a keen interest in the evolution of this specialised field of law that addresses mass atrocities, often referred to as “crimes of crimes”. Leiden University was therefore, the only University where I had applied for my Masters as it also offers an insight into the practical aspects of international criminal law in action aided by its proximity to most of the international criminal tribunals. One of the highlights of my time there was studying under Prof. William Schabas and Prof. Carsten Stahn who was also my thesis supervisor. The experience not only deepened my understanding of legal principles but also broadened my world view on justice and accountability.
Early in your career, you had the opportunity to intern in various insightful environments, domestic and international. Could you reflect on some of the most memorable experiences from these internships and jobs that helped shape your understanding of the law? Are there any key lessons from that time that have stayed with you?
Early in my career, I was fortunate to intern in diverse and intellectually stimulating environments, both in India and internationally, each shaping my understanding of the law in unique ways. Working with Mr. J.N. Mathur, Senior Advocate and then Additional Advocate General of Uttar Pradesh, exposed me to the complexities of constitutional and administrative law, while my time with Ms. Indu Malhotra, Senior Advocate at the time and who later became a Judge of the Supreme Court of India, deepened my grasp of arbitration and commercial litigation. Under the guidance of Late Mr. Pawan Sharma, erstwhile Standing Counsel (Criminal) for the State of NCT, Delhi, as well as under the guidance of Ms. Manisha Bhandari, I developed an understanding of criminal law, both at the trial and appellate stages. Beyond the courtroom experiences, I had the rare privilege of being awarded the Spic Macay Scholarship that led me to working with the Tibetan Government in Exile in Dharamshala, where I engaged with human rights and international law issues and had the profound honor of meeting His Holiness The Dalai Lama. This was also a unique and humbling experience as I stayed with the monks in H.H. The Dalai Lama’s monastery in Dharamshala during my tenure there.
Perhaps one of the most defining experiences of my early career was my time at the Office of the Prosecutor at the United Nations Special Tribunal for Lebanon, where I had the invaluable opportunity to contribute during a pivotal moment – the commencement of the Ayyash Trial. Being witness to the transition from the pre-trial stage to the trial stage and participating in the first day of the trial was an extraordinary learning experience, offering firsthand exposure to international criminal proceedings. These experiences collectively shaped my legal perspective, reinforcing the importance of meticulous preparation, intellectual curiosity, and a commitment to justice.
Over the years, you’ve represented clients in landmark cases like the Nithari Killings and the IPL spot-fixing case. What were some of the distinct challenges these cases presented, and how did you approach them from a legal perspective?
Working on cases like the Nithari Killings case and the IPL spot-fixing case reinforced a fundamental truth for me – that there are no shortcuts to thorough preparation. I first worked on the Nithari Killings case as an intern at the office of Ms. Manisha Bhandari, who was representing Mr. Moninder Singh Pandher, and over the years, I progressed from being an intern on his case to representing Mr. Pandher as an Advocate on Record in the Supreme Court of India. This case has been a continuous source of learning, and I was fortunate to be led and guided by Mr. R.S. Sodhi, Senior Advocate, Ms. Manisha Bhandari, and Mr. Omkar Shrivastava, who not only allowed me to be part of their defense team but also taught me how to navigate a high-intensity, high-stakes matter. One of the greatest challenges in this case was the media and public’s tendency to arrive at unfounded conclusions long before the courts rendered their verdicts. Managing the crumbling spirits of a client who had spent years in jail, awaiting justice, was another formidable challenge. Jail visits during such a prolonged litigation are emotionally taxing, as one cannot help but feel for the client who loses hope with each passing day. The slow churn of justice, especially in death sentence cases, is a heavy burden. Each passing year is not just time lost but a test of endurance, where hope flickers like a candle in the wind, struggling to stay alight.
You’ve been deeply committed to pro bono work, advocating for marginalized communities. What motivates you to focus on these vulnerable groups, and how do you manage balancing this crucial work with high-profile criminal cases?
Justice, to me, is not just about legal arguments or courtroom victories. It is about who gets to be heard. Too often, the most vulnerable are the least represented. Their stories are lost in a system that moves too fast for those without power. My pro bono work is driven by a simple belief that access to justice should not depend on privilege. Balancing this with high-profile cases is not a challenge but a responsibility. The law is at its best when it serves everyone, not just those who can afford it. And if I have the skills and opportunity to make that balance possible, then that is exactly what I must do.
Criminal law is a constantly shifting field. How do you stay updated on recent developments and emerging trends, particularly in cases related to white-collar crimes or cybercrimes?
The law is a living, breathing entity, constantly evolving to meet the demands of an ever-changing world, and to stay ahead in the dynamic realm of criminal law, especially in areas like white-collar crimes and cybercrimes, one must embrace learning not just as a practice but as a discipline of vigilance. It is not enough to master how the law may be used. One must also understand how it is misused, manipulated, and twisted to serve those who seek to undermine justice. For instance, in cases involving unscrupulous elements, such as the land mafia, the challenge is not merely legal but systemic, as the police machinery is too often found to be not just complicit but, at times, an extension of the very forces the law is meant to curb. To be effective, one must stay immersed in legislative developments, judicial pronouncements, and global trends, ensuring that the law is wielded as a scalpel against injustice rather than a shield for those who corrupt it.
Passing the Advocate-on-Record (AOR) exam is no small feat. What aspects of the exam did you find the most challenging, and what strategies or preparations helped you succeed in this prestigious exam?
The AOR exam is an arduous test, demanding not only a deep reservoir of legal knowledge but also the ability to think critically and apply the law with precision. Its true challenge lies in the depth of one’s understanding of the principles laid down by the Supreme Court. There is no room for superficiality. My approach was rooted in disciplined reading, where I meticulously analyzed leading judgments, unraveling their nuances to grasp the core principles. Drafting, however, is a skill honed over time and refined through constant practice. Some of the most valuable lessons in Supreme Court drafting come not just from the theoretical understanding of the structure of a draft, but from the process of eliminating and curing defects, ensuring that files are cleared for listing by the registry. Ultimately, success in this exam is not just about intellect, but about practice, perseverance, and the invaluable experience gained along the way.
Outside of law, you’re passionate about poetry, music, and surfing. How do these creative pursuits influence your personal development and help you maintain a balance in managing the demanding nature of your legal profession?
Poetry, for me, is a way of making sense of the world. It is where I find my voice beyond the courtroom, where I explore life not through statutes but through metaphor and rhythm. Law, much like poetry, allows for interpretation in the face of ambiguity.
Music is another language by itself. As a DJ, I know that a well-placed beat can shift an entire room’s energy, just as the right argument, delivered at the right moment, can turn the tide of a case. Mixing music is an art of timing, of intuition, of knowing when to hold back and when to let go. It is a lesson that applies just as much to advocacy.
And then there’s surfing. The ocean is the greatest teacher of all. It humbles you. No matter how skilled you are, the waves have the final say. It teaches patience, resilience, and the art of surrender. You can’t fight the sea. You learn to move with it and to respect its rhythm. In many ways, law is the same. You don’t control justice, but you learn to navigate its currents, to read its shifting tides, to time your movements with precision. Each of these pursuits ground me and add balance to what happens to be a highly stressful profession.
What advice would you offer to young law students or aspiring lawyers, particularly those interested in criminal litigation, who are hoping to follow a path similar to yours?
Be relentless in your pursuit of knowledge, but never lose sight of the people behind the cases. Litigation is not just about statutes and precedents, it is also about understanding human behavior, motivations and social realities. Read voraciously, observe experienced lawyers in court, and take on challenging cases even when they seem daunting. Most importantly, swear by the thumb rule – “when in doubt, ask.” One must not hesitate to seek guidance when in need of it.
With your broad expertise in areas such as Insolvency Law, Competition Law, Administrative Law, and more, could you share the story of how you first embarked on your legal journey? What inspired you to choose law as a profession? Was it a deliberate decision, or did your passion for law evolve gradually over time?
I did not think I would be a lawyer. So I’m a lawyer by chance but I’m glad that I pursued law because now that I think back I am sure it is my calling. I don’t think I could have been so happy doing anything else. As destiny would have it I got admission into ILS Law College, Pune and I can safely say that I spent the better part of my life there. I was fortunate to study under some excellent faculty like Dr. Jaya Sagade, Prof. Nilima Bhadbade and Prof. Smita Sabne to name a few. Their teachings and guidance have been invaluable to me.
You participated in the dual LLM program in Global Business Law at New York University School of Law and National University of Singapore. Could you kindly share your experiences during that time and also ponder upon how the program equipped you to navigate the complexities of international corporate and financial services law? What challenges did you encounter during the application process, and what impact did the Dean’s Award from New York University have on you?
I think I was extremely fortunate to be part of the NYU-NUS Dual Masters’ Program. It was truly one of a kind and we used to joke that we were part of a “limited edition”. Unfortunately, the Dual program has stopped. But it was a brilliant experience. It was very intensive and taxing to do two programs in one year because when one university was on break we would have the classes and exams for the other. But the faculty was top notch. We got to experience the best of both worlds and had a natural kind of insight into comparative law without even having that as an elective. There is often this debate about whether it is worth pursuing an LLM abroad if you want to come back and work in India and especially in Litigation and I would like to say that if you have the resources you should definitely pursue one. Personally I feel it broadened my horizons in ways I could not have imagined. The bonus is I made some lifelong friends. The Application process was very smooth. It was completely online and I don’t recollect any hassle. The Dean’s Award definitely helped me financially to be able to afford the program
In terms of learning, I was extremely fortunate to be able to do my dissertation on International Investment Law under Prof M. Sornarajah. At NUS I interacted and studied under some excellent faculty like Prof. Umakanth Varottil and Prof. Arun Thiruvengadam. For the NYU Program we had some legends like Prof. Jose Alvarez for International Investment Law and Prof Stephen Choi for M&A and Securities. There are so many things that I learned during the program which I am able to use in my practise today especially when it comes to subjects like Competition Law and International Arbitration Law , apart from principles of corporate and financial laws.
In the early stages of your career, you worked with a major corporation. How did you approach the legal intricacies surrounding the Copyright Act and Cable TV regulations during that period? What key takeaways from that experience helped shape the foundation of your career and propelled your professional trajectory?
I was lucky to work with some major corporations so early on in my career. It was a great learning curve for me. I dealt with several issues under the Copyright Act and Cable TV Regulations which were very relevant at the time. More than that, it helps me now immensely while dealing with in – house clients. I understand their issues and try to resolve them to the best of my ability.
After gaining valuable experience working in-house, what prompted your decision to transition to litigation, working alongside Senior Advocates? How did you find the shift between the two environments, and what major differences stood out to you?
I had a great learning experience working in – house but I always felt I was missing out on attending court. So I decided to finish my masters and switch to litigation. At that time the thought was if I don’t like it I can always go back. But I took to litigation like a fish takes to water. I loved coming to court and still do. It is what drives me. I feel like we make a difference to our client’s lives in whatever small way possible and that gives me a sense of purpose and immense satisfaction. The shift was not difficult, both have its pros and cons. But the working culture is very different. While working in – house my deadline was often completing a draft or sending an email. In litigation we are racing against time to secure bail or stop a demolition. So we cannot compare. Both are invaluable learning experiences.
I am immensely grateful to my seniors Mr. T. Srinivasa Murthy and Mr. Senthil Jagadeesan, who have been my Gurus and Mentors in this profession. I have literally learnt everything I know from them and I continue to work and learn from them.
After working with various legal entities, you went on to establish your own practice. What motivated you to take that leap, and what were some of the initial challenges you faced in setting up your own firm and how did you navigate them?
I cleared the Advocate on Record Exam and became an AOR of the Supreme Court and felt that I could start something on my own so my Partner Anandh K and I set up SA Law. It is based on our philosophy of doing good work and helping our clients. When we work in some other organisation we are always bound by their rules. Setting up my own practise gives me the freedom to do what I want both professionally and personally. It also helps me do other activities like teaching or interacting with law students and doing pro bono work without any pressure. In terms of the challenges we faced- we are both first generation lawyers from outside Delhi. We don’t have any Godfathers here. We have struggled and grown brief by brief and survived by word of mouth of our clients who have trusted us.
As a Founding Partner at SA Law and an AOR, you oversee a variety of practice areas, including land acquisition, civil rights, POSH (Prevention of Sexual Harassment), arbitration, and competition law. Could you share a fascinating case you’ve handled in the field of competition law and how you approached the complexities of such a case, especially for our younger readers looking to understand this area of law?
I think one of the biggest cases I have handled is the cement cartel case. The case is now pending before the Supreme Court. But I was fortunate to work on the case from the CCI stage to the appeals before erstwhile COMPAT and then NCLAT and now Supreme Court. Working on a case through all the stages is a great learning experience. I think one of the fascinating aspects of competition law is how much we rely on foreign judgments and concepts – both the US Anti-Trust Law and EU and also compare it with our own jurisprudence. I think my LLM came in very handy in dealing with this.
Your passion for teaching is evident in your contributions to judging moot courts, delivering guest lectures, and conducting seminars and workshops for law students. What advice would you give to aspiring lawyers who are just beginning their legal careers?
I don’t think I can give much advice- there are far more learned people for that. I would say enjoy your time at law school. Most of them would be doing the 5 year law course. When I look back at my time in Law College – I just remember that I had fun. I participated in all the activities in college both curricular and extra-curricular. It helped me make so many friends. And maybe I would say use that time to read and write a lot. 5 years is a long time. It is ok if you don’t have 10 internships in 5 years or don’t do many moot courts or write research papers. Of course, doing all this helps. But utilise the time doing something. I spent a good amount of time doing Purshottam and Firodiya Karandak in Pune which had a big Marathi Theatre Scene. It helped me learn one more language which is a life skill and comes in handy even today.
Perhaps I would add one thing – it is very easy to be enamoured by the profession when we are in college – especially when we hear Senior Advocates or Judges come to our college and talk and advise youngsters to pursue litigation. There is nothing wrong with that. Perhaps even I would give the same advice. But the initial years are tough. It is sometimes very easy to feel dejected, especially if you fall in the trap of comparison. Social media doesn’t help. Litigation is a marathon with very slow returns and requires a lot of consistent effort. And sometimes, even after a lot of hard work you may not get material returns or recognition. And that is ok. As long as you are able to feel satisfied that you are doing some good work, you should be ok with that. There are many loopholes in the system, all the more for women, but there are many good people as well- whether in terms of seniors, peers or mentors – there is no dearth of good people who will help you both personally and professionally and I think the camaraderie of the Bar is one of the best parts of this profession. Last but definitely not the least – there is no substitute for hard work. You may keep hearing about networking and legacy and luck and it is very easy to get lost in this hubris but there are no shortcuts to success.
As someone dedicated to staying at the cutting edge of legal developments and inspiring your colleagues to do the same, what do you consider to be the key emerging trends in your areas of expertise, such as Intellectual Property and Competition Law, particularly with the rise of Artificial Intelligence and technological advancements? How do you stay informed about these evolving fields, and what direction do you see them taking over the next five to ten years? Additionally, could you suggest any resources for our readers to stay up to date on the latest legal trends?
In terms of the latest trends – I think AI and its impact in different sectors and the legal nuances surrounding that would definitely be something over the next five and ten years. The other emerging trend is the DPDP Act and its enforcement and the complications that arise out of them. In terms of staying updated, I think there are way more resources now than we had, especially online resources. I would say the good old way of reading law reports is also invaluable.
How do you manage to balance your professional growth with your personal interests? What hobbies or activities do you enjoy that help you unwind and relax after a demanding day at work?
I think we always try to balance and if someone says that they have figured it all out then perhaps they are lying. But I try. I recently gave birth to my second child. So I am currently in the depths of everything postpartum, but I would say whatever time I have I like to spend with my children.
With your vast experience and accomplishments in the legal field, could you share what initially sparked your interest in law? Was there a defining moment that led you to pursue this career, and what drew you specifically to specialize in intellectual property law?
The greatest reason or inspiration for taking up law was my maternal grandfather who came from a family having many generations of lawyers including his father and uncles. My grandfather was himself a lawyer by qualification but joined the Sales Tax Department and retired as Commissioner of Sales Tax, Government of Maharashtra. He was extremely passionate about law and on behalf of the Sales Tax Department, briefed and closely interacted with many distinguished lawyers of his time including the then Advocate General Mr. H. M. Seervai whom he deeply admired. The countless anecdotes he narrated to me and the zeal he had for the legal profession had a profound impact on me, unknowingly and when the time came for me to choose my profession, law came as a natural choice.
While Law was in the family, Music, Literature and Art also ran deeply in my family, my mother being a Hindustani Classical Vocalist and my grandmother, a vocalist, poet, playwright and writer. They would often participate in seminars on copyright in relation to the fields of music, literature and art. I would accompany them and listen to the sessions with great interest. That sparked my curiosity and by the time I completed my graduation in law, I found IP to be a fascinating and an ever-evolving subject having an application across industries and I was convinced to take it up as my field of specialization.
You began your career as an Associate with a law firm. What were some of the key experiences during this early phase that helped deepen your understanding of the law, especially intellectual property law, and laid a solid foundation for your expertise in this area?
I began my career with a full-service law firm Desai & Diwanji where I mainly worked on corporate and commercial transactions. My experience in intellectual property law began when I joined my present firm in the year 2008. Exposure to myriad cases in the areas of IP prosecution, legal advisory, contentious matters, anti-counterfeiting, IP transactions etc. involving different kinds of IP including trade marks, copyright, designs and some aspects of patents, right in the beginning of my tenure, gave me many opportunities to research, learn, resolve issues and deepen my understanding of the subject. Also, I firmly believe that there can be no substitute for hard work in laying a strong foundation, especially in the initial years of your career. I spent a lot of time reading, researching, studying the suggestions of my seniors and colleagues which I continue to do as learning is a never-ending process and updating yourself from time to time ensures you never feel complacent or stagnant.
Throughout your career, you have worked on complex IP transactions in industries such as media, entertainment, pharmaceuticals, and FMCG. What do you believe are the primary challenges businesses face when dealing with commercial transactions involving IP rights?
As for already existing IP of the parties involved, gaps in IP ownership, lack of proper documentation for securing IP rights, third party claims to IP, vulnerability of registered IP to revocation are some challenges seen in commercial transactions involving IP rights. Similarly, while negotiating strategic collaborations or service contracts, differentiating between already existing IP and IP generated under the contract, deciding upon an ownership structure for the IP generated out of such services or collaboration could be challenging.
Your experience spans both domestic and cross-border IP disputes. How do international IP issues differ from domestic ones?
IP disputes per se, such as infringement, passing off etc., governed by Indian laws and taking place in India may not have material differences only by reason of one of the parties being a foreign entity. However, where these disputes emerge from cross-border contracts governed by foreign laws and have elements of IP protectable or enforceable under Indian laws, there could be challenges. Similarly, when an Indian entity wishes to enforce its IP rights against a foreign entity for acts done outside India, foreign laws may apply. Although IP laws worldwide have many commonalities, they are not completely harmonized. Concepts of authorship, ownership of IP, infringement, exceptions to infringement, availability of overlapping protection under different types of IP laws such as Copyright & Designs or Trade Mark & Designs, subject-matter of trade marks, copyright, designs or patents (more so in light of emerging technologies) might vary from jurisdiction to jurisdiction. Accordingly, these disputes may have different nuances.
Could you share your insights from handling domain name disputes under ICANN’s UDRP? In addition, what role does arbitration play in resolving international IP disputes, particularly within frameworks like the ICC?
The domain name dispute resolution process under ICANN’s UDRP is effective particularly when disputes arise out of cybersquatting or prima facie bad faith registration of domain names. In my experience, this process has been cost effective, expeditious and helpful especially where the adverse party is not located in India or where the registrant’s name and address is not disclosed by domain name registrars. Institutional arbitration, such as under the ICC Rules, plays an important role in resolving multi-jurisdictional / international IP disputes. However, these are typically disputes arising out of contracts and lawyers play a crucial role in informing the arbitrator (who may be qualified in laws other than the governing law of the contract) of nuances in the laws that are applicable to the dispute.
Intellectual property is often crucial in mergers, acquisitions, and private equity transactions. How do you ensure that IP rights are effectively safeguarded during these processes, and what is their role in such transactions?
Intellectual property is often the driving force for most acquisitions, mergers and collaborations. Effectively identifying IP, particularly unregistered IP, ensuring a proper and seamless transfer of all IP, registered or unregistered in favor of the acquirer, designing an efficient IP matrix in cases of joint IP ownership / collaboration, identifying third party contribution, claims or rights in IP creation and devising appropriate techniques to secure all IPR through documentation and statutory filings are some aspects to be considered during such transactions.
What advice would you offer to aspiring IP lawyers or those considering a career in intellectual property law? Also, could you share some resources or strategies you use to stay current with global legal trends, particularly in the IP domain?
To aspiring IP lawyers, I would like to say that IP is a fascinating subject having many dimensions and is ever evolving particularly with newer and emerging technologies. IPR is relevant across industries and with the growing awareness of IP, career opportunities in this field are increasing. You could choose sub-areas of your interest to practice such as IP prosecution, litigation or transactions and advisory. However, aiming for holistic exposure to various kinds of IP cases especially in the initial years will certainly help in the long run. Needless to say, like in any other field, hard work and a well-balanced approach helps one grow in the profession and also as an individual. These days there are several online platforms, newsletters, digital publications and media offering information and updates on IP related transactions and disputes, both domestic and international. There are also many subscription-based databases where one can find articles, copies of judgments and orders for detailed reading.
As a first-generation lawyer, what inspired you to pursue law as a career? Were there specific moments or experiences that motivated you to take this path?
As a first-generation lawyer, my journey into law was driven by a deep sense of purpose to stand up for justice and help those in need and underprivileged. I lost my father at the age of 16 which was a transformative moment for me personally. It taught me the value of resilience and perseverance, hard work and determination which eventually became guiding principles in my life.
To be honest, I initially aspired to become an actor or a journalist, as I have always been a creative and artistic person with a deep appreciation for creative pursuits and finer things in life.I remember that in school days we used to perform street Theatre in Association with “Jan Natya Manch”(Founded by Safdar Hashmi), Yuva Ekta Foundation(An initiative of Tehelka) for social causes and spreading awareness like Child Labour, Education and its importance, HIV, Corruption, Right to Information, Right to Education, Child marriage to name a few. I always wanted to do something for the society and I did not want to just stop at spreading awareness but also wanted to empower the underprivileged, give them a voice and make a difference in our society.
The vast experience I gathered from interacting with people from all walks of life and looking at their lives and challenges closely, coupled with the unwavering support of my mother and brothers, instilled in me a sense of purpose and determination to carve out my own path in the legal field. It would not have been possible without my family which is my biggest strength.
I believed I possessed the necessary skills that this profession demands and once introduced to courts and law as a field I felt a deep sense of belonging within the courts. This made law the ideal profession for me to channel my passion and drive to create a meaningful impact in society.
In the early stages of your career, you likely encountered both valuable learning opportunities and challenges. Can you share some key experiences that helped you build a strong foundation in law and influence your career path?
The initial years of my legal career were pivotal in shaping my understanding of the profession. I had the privilege of working under some of the most accomplished legal minds, each of whom contributed significantly to my growth. Starting in the chambers of Senior Advocate K.K. Manan provided me with a solid grounding in criminal law. During my time there, I learned the essentials of court craft and the nuances of legal practice, which played a crucial role in helping me overcome my initial hesitation in appearing before the High Court. This early exposure instilled confidence and prepared me for the challenges of litigation.
Later, my time with Mr. J Ajay Digpaul (before his elevation) and Ms. Arti Bansal allowed me to represent the Union of India/Central Government in significant High Court matters, further refining my skills in drafting, argumentation, and handling complex procedural frameworks. Working with them deepened my understanding of litigation and advocacy, while also reinforcing the importance of meticulous preparation and clarity in legal reasoning.
A defining phase of my career was working with my mentor, Mr. Saurabh Prakash, a disciple of the revered Shri Paramhansa Yogananda and an accomplished IIT Kanpur graduate in Chemical Engineering who transitioned to law. Under his guidance, I gained insights into diverse practice areas, including civil disputes, employment law, and writ petitions and diverse disputes including a Fake encounter case. He emphasized the importance of thorough preparation, reading files meticulously, conducting in-depth research, and crafting well-drafted pleadings, which he often described as the backbone of any case. During this period, I had hands-on experience drafting writ petitions, suits, SLPs, and contracts, among working on other diverse cases.
What truly stood out about Mr. Prakash was his unwavering commitment to maintaining the highest level of morals and ethics in the practice of law. He not only emphasized these principles but lived by them, setting an example for those under his guidance. He frequently reminded me to “always take the longer route in approaching a case, don’t look for shortcuts. While it may take more time, the learning it brings is invaluable.” This philosophy has been instrumental in shaping my approach to legal practice and my outlook on the profession.
Before entering the profession, I received valuable advice from a Judicial Officer, now a High Court Judge, who emphasized the importance of mastering civil law, drafting, and research before delving into criminal law. This guidance helped me lay a strong foundation for my career. Additionally, during a judicial internship with a now-retired judge of the Delhi High Court, I had the rare opportunity to view cases from the bench’s perspective. This experience gave me a deeper understanding of judicial reasoning and the critical role of precision and clarity in legal arguments.
These formative experiences taught me to approach every case with diligence, empathy, and unwavering integrity, laying the groundwork for a career defined by commitment to excellence and ethical practice.
After gaining significant experience with various law firms, what prompted you to establish your own practice? What were the driving forces behind this decision, and what challenges did you face when starting out?
Establishing KG Law Offices was born out of a desire to serve clients with a personalized and solution-driven approach. I wanted to build a space, a niche for myself that reflected my principles, provided personalized legal solutions, and addressed clients’ challenges with integrity and commitment and while having a relief-oriented approach.
Truth be told, starting out on my own and establishing independent practice was not without its hurdles, I literally had not many cases or briefs when I decided to go independent! While there were many raised eyebrows and my friends and colleagues being apprehensive about the step being too early to start out on my own , I was determined and had faith in God and myself. I just kept going on one day at a time.
There were significant challenges; right from building a client base, making a place for yourself, generating enough money to sustaining the practice, earning trust as a first-generation lawyer in this highly competitive environment, getting recommendations which I faced and had to overcome by sheer hard work and having a client centric and relief-oriented approach and needless to say delivering results and relief to clients.
The driving force behind this decision were all these experiences which reinforced my determination to carve a niche and create a firm where professionalism, empathy, and excellence guide every decision.
In this odyssey of self-discovery and finding my calling, I must say that every step of it has been equally humbling and rewarding, allowing me to contribute meaningfully to the profession and society which gives me a sense of satisfaction and fulfilment. I do not have any regrets or would not want to have it any other way.
This is one of my favourite quotes I live by !“Be Among Those who dare to follow their dreams”
Over the years, you’ve represented high-networth individuals (HNIs), NRIs, and international corporations. Could you share one of the most memorable cases and the strategies you employed to achieve successful outcomes?
One of the most memorable cases I handled involved an intellectual property rights dispute related to the works of a revered spiritual figure associated with one of the most prestigious Ashrams or monastic orders. This case was complex, as it spanned multiple jurisdictions and involved overlapping Indian laws, including personal laws, intellectual property rights law, and international law. Additionally, there was a critical need to balance the protection of intellectual property with the sensitivity of cultural and religious considerations, especially since the dispute had international implications.
A particularly valuable aspect of this case was the opportunity it gave me to engage closely with the lives of Sanyasis and Monks, allowing me to gain insights into their practices and teachings. This personal experience enriched my understanding of the subject matter and gave me a deeper appreciation of the spiritual context in which the legal dispute arose.
The complexity of the case was heightened by the fact that the legal framework governing Sanyasis, Monks, and Sadhus is relatively limited, especially when it comes to intellectual property disputes. The dispute was not related to immovable property, which is more commonly associated with religious institutions, but rather to intellectual property rights. In this context, the Sri Krishna Singh vs. Mathura Ahir case (1979) –AIR 1980 SUPREME COURT 707 which became the locus classicus on the laws concerning Sadhus, Yatis, and Sanyasis – proved to be pivotal. This landmark judgment of the Supreme Court of India extensively discusses various aspects of the legal status of Sanyasis and Yatis, and it provided critical guidance on how to approach cases involving religious figures and their intellectual property rights.
The decision of the Apex Court in Mathura Ahir became essential in shaping our strategy, as it was a key reference point for understanding the legal standing of the individuals involved and their rights. The judgment clarified multiple legal aspects that were directly relevant to our case, including the succession and rights of Sanyasis, and it provided invaluable precedents for addressing the unique challenges we faced.
The strategy we employed was comprehensive and meticulous. It involved in-depth legal research, careful documentation, and the alignment of the client’s objectives with the applicable laws. Our approach also emphasized clear communication and teamwork, with each team member contributing to the development of a strong case.
This case and how we evolved the strategy regarding the said case was a testament to the importance of hard work, thorough legal preparation, and collaboration. It underscored how a deep understanding of the legal and cultural context, coupled with a strategic use of relevant case law can resolve the most complex and sensitive legal matters.
It was a collaborative effort, where clear communication and attention to detail played a critical role. The successful resolution of this case reinforced my belief in the importance of clear communication, hard work, meticulous preparation, and team work.
You have handled cases for various clients, including public sector undertakings (PSUs). Can you describe a particularly complex issue you’ve dealt with while representing PSUs, and how does your approach differ in dealing with private clients?
One of the more challenging cases I handled for a PSU involved coordinating with multiple departments spread across different states, each with its own set of processes and jurisdictional hurdles. It was a test of patience and persistence, as aligning everyone on the same page while ensuring all legal and procedural requirements were met was no small task.
What made it particularly complex was managing the flow of communication between the PSU’s central office, regional branches, and external parties, all while adhering to tight timelines and keeping in mind the courts directives. To navigate this, I relied on a systematic approach, breaking the problem into manageable parts, using technology to stay organized, and maintaining open and frequent communication with everyone involved.
Ultimately, we achieved a favorable outcome, and the experience taught me the value of teamwork, clear communication, and strategic planning when representing organizations with such intricate structures. It’s cases like these that remind me how important it is to approach such cases with a steady hand and a collaborative mindset and how paying attention to detail becomes crucial.
Working with PSUs often involves a more structured and procedural approach. There are layers of approvals, formalities, and timelines that require careful management. On the other hand, private clients usually expect faster, more flexible, and tailored solutions. With private clients, it’s about being agile and adapting strategies to their specific needs, while with PSUs, it’s about patience, meticulous planning, and ensuring that everything aligns with institutional frameworks.
Each approach has its own challenges, but both have taught me to balance efficiency with attention to detail, which is essential in delivering the best outcomes.
In addition to your legal practice, you’re involved in social causes. Can you tell us more about your work with organizations like Jan Natya Manch and Yuva Ekta Foundation, and how you use your influence to raise awareness of important social issues?
My involvement with Jan Natya Manch, founded by the late Safdar Hashmi, was one of the most enriching experiences of my life. Under the guidance of Moloyshree Hashmi, I performed street plays addressing critical social issues like child labor, education, HIV awareness, corruption, the Right to Information, and child marriage, among others. Similarly, my association with the Yuva Ekta Foundation, an initiative of Tehelka Magazine, allowed me to connect with young minds and raise awareness about pressing societal concerns while pursuing my creative passions.
During my college years, I continued to explore my artistic side, performing in street theatre and full-length drama productions. I even ventured into professional acting and worked on a few ad films. However, as I approached the completion of my studies, I realized that my true calling was in the legal field. The sense of purpose and belonging I felt in courts and within the legal profession inspired me to fully dedicate myself to this path. Over the years, my passion and admiration for the field have only deepened.
As a legal professional, I firmly believe that our responsibility extends beyond the courtroom. Advocacy isn’t just about arguing cases—it’s about raising awareness and inspiring change in the society we serve. My involvement with these organizations was an expression of that belief.
Recently, my legal team and I worked on a significant case against a renowned educational institution in Delhi that had unlawfully expelled 30 students belonging to the Economically Weaker Section (EWS) category. We secured a favorable interim order, ensuring the students’ reinstatement. The judgment not only upheld the rights of these children under the Right to Education (RTE) Act but also sent a strong message to all schools in Delhi about the sanctity of a child’s right to education. No one should be denied their right to education—it’s a fundamental and valuable right that must be protected at all costs.
Such cases reaffirm my belief in using the law as a tool to bring about meaningful societal change and to stand up for those whose voices often go unheard.
Having faced numerous challenges along your journey, what keeps you motivated to continue striving for excellence in your legal career and contributing to the legal community?
My motivation comes from a deep sense of responsibility toward my clients and the legal profession. Throughout my journey, I have faced numerous challenges, but fortunately with the unwavering support of my mother and two elder brothers, and the blessings of my late father. Their encouragement, combined with the mentorship of individuals like Mr. Saurabh Prakash, has played a pivotal role in shaping my career due to which I was able to overcome these adversities and pursue my passion for law, charting my own path.
My family, faith, and mentors provide constant strength and guidance. An ardent devotee of Lord Shiva, I attribute my strength and success to my mother, my family, my guru (Shivji), my late father’s blessings, and the invaluable mentorship of Mr. Saurabh Prakash.
I find immense inspiration in knowing that my work can bring tangible relief and justice to my clients. Whether it involves mentoring young lawyers, addressing societal inequities, or advocating for those in need, every success reaffirms my dedication to the principles of fairness, integrity, and service.
This blend of professional purpose and personal fulfillment fuels my determination to continue growing and making a positive impact on both the legal profession and the community at large
With nearly a decade of experience, how do you foresee the future of the legal profession, particularly with the rise of technology? What steps are you taking to adapt to these changes?
Technology is transforming the legal landscape, making processes more efficient and accessible. At KG Law Offices, we embraced digitization early, moving away from traditional diaries to digital case management systems a long time ago, that is much before COVID, therefore we have evolved a system of case management of our own and don’t need expensive “Case management” Softwares and tools. We have leveraged technology and use Tools like e-filing, cloud storage, Digitization of case files and paperless operations. Some of the steps like “Efiling”,”Digital e- inspection” and “Video conferencing have really increased productivity and have showcased transparency and accountability but these are just limited to the metro cities and not remote areas of our country which are in dire need of a robust justice dispensation system and lack basic infrastructure. Its surprising that while we live in Metro cities and we see courts being digitised and everything available on a click of button, the remote areas and the rural areas are deprived of even basic infrastructure and are still in the archaic era and leveraging technology In such areas can really bring in a lot of progress and change the whole scenario.
While AI and automation are valuable tools, it is important to recognize their limitations. However, technology can only complement human intervention, it cannot replace the insight and empathy lawyers bring to their work. For instance, AI can streamline research but lacks the nuanced judgment required in legal decision making. We are committed to using technology responsibly to enhance transparency and accountability while ensuring that the human element remains at the forefront. Our goal is to use these advancements not just for operational efficiency but also to contribute to a more inclusive and effective legal system, bridging the digital divide
What advice would you give to aspiring lawyers, particularly those from non-legal backgrounds, who wish to follow a career path like yours? Additionally, could you recommend any resources that help them stay informed about the latest developments and trends in the legal field?
Aspiring lawyers, particularly those from non legal backgrounds, should approach the legal profession with patience, perseverance, and a deep commitment to continuous learning. Establishing oneself in this field requires resilience and a long term vision, much like planting a bamboo tree, which takes years to grow strong roots before it flourishes. Similarly, the initial 3-5 years in law are crucial for laying a solid foundation, building skills, and understanding the nuances of the profession.
It is important to acknowledge that practicing law can be challenging, especially for those without financial support. The profession often demands a substantial investment of time and effort before yielding tangible rewards. Salaries for fresh graduates are often modest, and the competition in the legal field is intense, with a significant increase in the number of practicing lawyers over the years. However, these challenges should not deter determined individuals from pursuing their dreams. With dedication, strategic planning, and a genuine passion for justice, success is achievable.
For those starting their journey, Staying up to date with Judgments , reading Judgments delivered by the Supreme Courts and High Courts of our country readily available on websites is an excellent resource for honing skills and staying informed about recent developments in law, you need not have expensive subscriptions to reporters , you can also effectively use the Libraries of the courts which are well equipped these days. Additionally, reading case law regularly, attending legal seminars, participating in moot courts, and engaging with experienced mentors can provide invaluable insights and most importantly being mindful of your company and who you hang out with also matters a lot. Aspiring lawyers should also focus on cultivating soft skills such as communication, negotiation, PR skills, client counselling, critical thinking, which are indispensable for a successful legal career.
Most importantly, never lose faith in your ability to make a difference, no matter your background. The legal profession is one of service and impact. Stay grounded, work hard, and remember that your integrity and dedication to the cause of justice will define your legacy in this noble profession. One should approach the profession with humility and a sense of service. Remember that our work is about helping people and assisting the courts as we are officers of the court and a crucial part of the justice dispensing system, it is not just about winning cases or making money solely.
Aspiring lawyers must always remember that integrity and principles are the foundation of this profession. Never compromise on your character or values for material gains, this is the golden thumb rule I firmly believe in and follow.
I have a guiding philosophy which I have devised and live by, which emphasizes not only professional success but also the ethical conduct and higher purpose of the legal profession.
As per me broadly speaking, the cases a lawyer handles can be categorized into three types, each serving a distinct purpose and contributing to one’s growth:
Cases for Name and Reputation: These cases, in essence, translate to “Ek kaam naam ke liye karo”—One of the goals is to work for reputation and recognition. These are cases that may not bring immediate financial rewards but provide unparalleled exposure and recognition. Handling such matters puts you in the spotlight, allowing you to showcase your talent and build credibility. I always advise aspiring lawyers that you could be the most talented individual, but without a platform and opportunity, your abilities might remain unnoticed. Moreover, as I often say, “Your network is equal to your net worth.” Lawyers must develop excellent PR skills to build connections and relationships in the profession.
Cases for a Cause or Pro Bono Work: These cases, as I see them, translate to “Ek kaam seva ke liye karo kisi ki madad ke liye”– work for service and for making a difference. Taking on cases to help those who are in need and are underprivileged without expecting financial compensation, is one of the most fulfilling aspects of this profession.The exposure and sense of fulfillment that comes from empowering someone through legal support are unmatched. Pro bono work reminds us of the higher calling of our profession—to seek justice and uplift the underprivileged.
Cases for Financial Empowerment : These cases translate to “Ek kaam paise ke liye karo”—work to earn and build your financial independence. While name and service are important, financial independence is equally vital. Handling cases that offer significant monetary compensation empowers you economically and boosts confidence, especially for first-generation lawyers. There is no greater joy than being self-made and financially secure. This is why I encourage young lawyers to begin accepting briefs even while working under a senior, provided the senior is supportive. I also urge mentors and seniors to provide opportunities to the younger generation, as it helps them grow professionally and personally.
Balancing these three types of cases in your career ensures not only professional growth but also personal satisfaction and a meaningful contribution to society. As lawyers, we must aim to uphold the nobility of our profession, maintaining a fine balance between serving others, earning a livelihood, and building a reputation that lasts a lifetime.
With more than two decades of legal experience and background in physics, what was the inspiration for you to transition to law and how has your scientific education, specifically related to physics, influenced your approach to legal practice?
I consider myself an accidental lawyer, as law was not my original ambition during school or while pursuing my graduation in physics. However, circumstances led me to take the law entrance exam, where I was selected. Interestingly, I had also appeared for other entrance exams, including one for mass communication. Before moving into law, I also spent some time training as an Assistant Commander in the Indian Armed Forces. My background in science has been very useful in my legal career, as it has helped me develop strong analytical and problem-solving skills, which are key in law. These skills have made it easier for me to understand and address legal issues.
When I started practising law in 1998, the telecom and IT outsourcing sectors were in their infancy in India. My scientific background enabled me to grasp the technical aspects of these fields with ease. For instance, I worked on matters involving leased lines, the introduction of VOIP (Voice Over Internet Protocol), and regulations like the prohibition on terminating internet calls over PSTN (landline) connections, which required separate devices at the time. This technical knowledge gave me an advantage early in my career, enabling me to work closely with clients and gain valuable experience. Even now, my scientific background remains crucial, especially in emerging fields like AI, machine learning, and medical devices, where a solid understanding of science is often essential in areas like data privacy, data protection and competition law.
While many assume that a lawyer with a science background would naturally gravitate towards intellectual property or patent law, my career path has been far more diverse, involving criminal cases, civil disputes, and regulatory matters across multiple sectors. My science background has been valuable in helping me interpret and analyse complex information accurately. Although I never expected my physics education to connect so closely with my legal work, it has sharpened my analytical skills and allowed me to handle a broader range of issues. My journey has shown that science and law can complement each other in meaningful ways.
Given your background in science, law, and ethics, what is your perspective on the challenges we may face as emerging technologies like AI, IoT, and blockchain become integrated into our legal and societal systems? Specifically, how do you see AI influencing forensic evidence and the practice of law? What ethical dilemmas do you anticipate arising from these technologies, especially considering their potential impact on society and the legal framework in a populous country like India?
With my background in science and law, I see the integration of emerging technologies like AI, IoT, and blockchain into legal and societal systems as both a challenge and an opportunity. AI has the potential to revolutionize legal practice and judicial processes, but its adoption must balance the benefits of innovation with addressing ethical concerns and ensuring societal well-being, especially in a diverse and populous country like India.
India is uniquely positioned to lead in the global AI landscape, with much of the development in generative AI and software engineering being driven by Indian professionals, both domestically and abroad. As a hub of global IT leadership, India has the expertise and resources to shape the future of AI responsibly. This role comes with the responsibility to establish ethical frameworks that ensure AI acts as a tool for justice and societal progress, rather than a source of harm or inequity.
AI’s application in the legal field can be divided into three stages:
Basic Automation: At the most basic level, AI can handle routine tasks and manage high-volume cases, such as traffic violations, where penalties can be automatically issued based on photographic evidence. Bulk cases like recovery suits, small financial claims and builder disputes can also be streamlined, with AI drafting basic judgments. A “maker-checker” system can ensure accuracy and save judicial time for more complex matters.
Case Categorization and Prioritization: The second stage involves AI helping to categorize and prioritize cases, allowing the judiciary to focus on critical matters involving life, liberty, privacy, and public policy. Courts already use categorization for bail matters, and AI could streamline less critical cases. This would free judges to focus on high-stakes issues like corruption and white-collar crimes, improving judicial efficiency without compromising the need for human compassion in decision-making.
Complex and Sensitive Cases: The third stage is AI’s role in supporting complex and sensitive cases, such as those involving fundamental rights or criminal offenses. Ethical dilemmas require nuanced understanding and empathy, which AI cannot replicate. Judges must retain ultimate authority in such matters to ensure justice is served with compassion and context. AI can help with research, analysis, and gathering evidence, but final decisions should be made by humans to ensure fairness and to uphold the law.
AI is set to change the way lawyers work by automating tasks like documentation, research, and drafting. This might reduce the need for some entry-level tasks but opens up opportunities to focus on skills like analysis, strategy, and argumentation. For young lawyers, especially those impacted by the pandemic, the key will be adapting to these changes while building courtroom skills and upholding ethical practices that technology can’t replace.
Ethical dilemmas are a major concern in the use of AI, especially generative AI, which can create false information that may be misused in courtrooms if not carefully monitored. Over-reliance on AI could also lead to decisions being made without adequate human oversight. While AI can be a valuable tool, it must serve human objectives, not replace human judgment. To ensure justice and fairness, India’s legal framework must adapt to technology with regulations that balance innovation and safeguards against its misuse. Training for lawyers and judges on AI’s capabilities and limitations is essential for responsible use. By embracing AI cautiously and ethically, India’s legal system can benefit while ensuring that compassion and fairness remain at the heart of justice.
Given your experience in healthcare, where AI and robotics are increasingly used in elder and newborn care, ethical concerns about privacy, data misuse, and autonomy are growing. Neuroethics, particularly around “brain rights,” is becoming a global issue, yet India lags in addressing it. With India’s focus on fundamental rights, when do you foresee lawmakers accelerating discussions and legislation to protect cognitive liberties and ensure AI respects privacy, autonomy, and dignity?
Unfortunately, what we observe globally, and particularly in India, is that legislation often emerges as a reaction rather than proactive action. Laws, especially key ones, tend to be overhauled only in response to significant events or crises. Whether it pertains to criminal laws or other sectors, this reactive approach delays progress. AI is already prevalent, and we need to regulate it now. If we don’t, we’ll always be reacting to its effects rather than shaping its development. Importantly, no law is cast in stone; even our Constitution permits amendments.
A key example of delayed regulation is the medical device industry, which was initially governed by the Drugs and Cosmetics Act but took years to develop a dedicated framework. As medical devices increasingly incorporate AI, such as blood glucose monitors that use real-time data for more personalized care, the need for timely regulation becomes more urgent. While AI enhances precision, ethical concerns about autonomy and accountability arise. Robust regulation is essential to ensure safety, fairness, and accountability as these technologies evolve.
Neurosciences represent a frontier where technology and ethics intersect, with initiatives like Neuralink, led by Elon Musk, showcasing both promise and controversy. Technologies that bridge physical or neurological impairments, allowing the brain to communicate directly, offer hope for individuals with conditions like neurodegeneration or spinal cord injuries, enabling them to “speak” through neural interfaces. These advancements could also change how we understand patients in vegetative states, distinguishing between natural responses and conscious communication.
Also, the concept of brain preservation opens exciting possibilities, such as preserving the brains of great minds like Einstein or Stephen Hawking to continue their problem-solving and creativity even after their deaths. Breakthroughs in tissue generation, like replicating tumours to test treatments, are already improving healthcare outcomes and paving the way to cure diseases like cancer. Combining brain preservation with AI could extend the knowledge of exceptional individuals, allowing their wisdom to guide future generations and drive progress long after their lifetimes.
Ethical concerns are natural, especially in fields like neuroscience and AI, dealing with issues such as consent, privacy, and misuse. However, these concerns should guide progress, ensuring that innovation aligns with society’s values. Throughout history, humanity has advanced by tackling ethical challenges. The integration of AI, neuroscience, and related technologies offers huge potential, but it must be regulated carefully. By embracing these innovations responsibly, we can push boundaries and ensure technology benefits humanity, with compassion, ethics, and human oversight at the core, especially in medicine and law. Technology should remain a tool in human hands, not the other way around.
Starting LexCounsel early in your career, you’ve worked extensively in litigation and dispute resolution. What challenges have you faced in these areas, and how have you proven your expertise? Additionally, for newcomers entering the field, what advice would you offer on balancing specialization with broader growth opportunities?
When I began my career as a junior advocate, I saw law as a professional degree that offered the unique opportunity to start an independent practice right away, unlike many professions that require applying for jobs. Although law wasn’t my original plan, I knew I wanted to build my own practice. I gave myself six to eight months to try it independently, and fortunately, my first client’s payment covered my expenses, allowing me to grow. Looking back, running my own law firm has been a highly rewarding experience.
In the early years of my career, I intentionally took on a wide range of work because I believed that diverse experience is key to intellectual and professional growth. I handled litigation matters that law firms often take on selectively, such as winding-up petitions, cheque bounce cases, and white-collar crimes. Law offers no one-size-fits-all path to success; some lawyers excel by specializing in a single area or focusing on one court, while others diversify into areas like litigation, arbitration, and regulatory work in forums such as the NCLT or NCDRC. In my view, the early years should be about embracing any work that comes your way, as these formative years are vital for understanding the nuances of different practice areas.
One of the key lessons I have learned is that drafting should always follow a structured approach. Whether you are preparing a reply or initiating a case, it is essential to start by understanding the facts of the case, identifying the key issues, and conducting thorough legal research. Only then should you proceed with drafting, ideally in consultation with a senior or mentor. A common mistake among young lawyers is starting with assumptions and drafting without proper research, which often results in errors. Developing a disciplined approach to drafting and research is a skill that pays dividends throughout your career.
The legal profession demands relentless hard work and dedication. Unlike other fields, there is no concept of a Monday-to-Friday workweek, weekends off, or a casual start to the week. The profession is highly competitive and unforgiving. One of my seniors used to say that law is a “jealous profession.” If you neglect it or treat it as secondary, it will leave you. Success requires consistent effort, particularly in the early years. Moreover, knowledge acquisition is non-negotiable in this field. If a lawyer fails to build a strong foundation of knowledge in the initial years, their career will face significant challenges after seven to ten years. A solid start is critical for long-term stability and growth in the profession.
Hard work is essential, both in law school and in practice. While some believe law is learned only through practice, I’ve seen that students with strong academic discipline tend to perform better professionally. Law school builds skills like hard work and achieving results, which are crucial in the field. Those who neglect assignments or skip classes often struggle later on. In the early years, you may rely on family support or modest earnings, but without a solid knowledge base and experience, meeting expectations becomes challenging. My advice to young lawyers: embrace learning, build a strong foundation, and dedicate yourself to the profession. There is no greater embarrassment than being unprepared, and no greater satisfaction than mastering your craft and earning the respect of your peers and clients.
Could you share your experience representing multinational corporations, which have unique legal needs compared to individuals or smaller companies? How have you navigated complex corporate transactions, dispute resolution mechanisms, and international arbitration systems? Given the importance of international law in these areas, how have you incorporated these learnings into your practice, and what advice would you give to learners on the significance of studying international law, especially with emerging technologies in mind?
In the early 2000s, Indian employees of multinational corporations faced challenges due to the casual approach to bribery and facilitation payments, as the US Foreign Corrupt Practices Act allowed small facilitation fees to expedite routine government actions. However, the introduction of the UK Bribery Act, which banned such payments, marked a shift toward stricter compliance. I’ve witnessed teams being asked to resign due to violations of these laws, often from unintentional actions. Over time, with stronger anti-corruption laws, increased media scrutiny, and corporate training programs, compliance levels have improved. Today, employees understand the importance of following these rules, even if it means losing business, helping create a culture of integrity and reducing issues with non-compliance.
In terms of litigation, our journey began when we established ourselves as a corporate and commercial law firm in 2004. Initially, our work was centred on corporate transactions, but clients began approaching us with disputes related to their franchise agreements, international contracts, and other business dealings. Since we understood their businesses and agreements, they preferred us over others to handle these disputes.
At first, we relied on senior advocates for court appearances, but this approach had limitations, such as difficulties in coordinating with external counsel and a lack of accountability. This led us to take a more hands-on approach, handling many hearings ourselves while engaging while reserving senior counsels only for crucial arguments. This shift improved responsiveness, reduced litigation costs, and built client confidence, with many now trusting us to handle cases independently or to decide when a senior counsel is needed.
This approach has helped us build trust with our clients by ensuring clear communication, accountability, and adherence to timelines. This level of organisation and transparency, combined with our ability to represent clients directly in court, has been a winning formula. However, success in the legal profession doesn’t follow one path. Some lawyers thrive by specialising, while others succeed by maintaining a broad practice. For us, a mix of client trust, responsiveness, and adaptability has been key to building our practice.
The legal profession has evolved significantly over the years. How has this change, particularly in terms of ethical implications and AI, impacted legal practice during your decades of experience? Additionally, with the shift towards a more “glocal” mindset, how do you see this influencing the Indian legal profession and its professionals?
The legal profession has changed a lot over the years, especially with technology, ethical challenges, and AI. In my early days, technology wasn’t as important. Clients would sometimes comment on my youth, which I initially took as a compliment but later realized it was also a sign of their concerns about my experience. Over time, however, the profession embraced technology, especially during the pandemic, which pushed the legal system to adapt to virtual platforms and digital filing systems. Courts, like the Delhi High Court, took the lead in this digital transformation. Today, senior advocates confidently argue complex cases using tablets, with neatly organised digital files. It’s remarkable how the profession has not only adapted to these changes but has also become more environmentally conscious.
This change extends beyond technology. There has also been a generational shift towards more pragmatic and socially conscious thinking within the legal fraternity. Whether it’s landmark judgments advancing the rights of the LGBTQIA+ community, the decriminalisation of outdated laws, or lawyers taking up environmental and social causes, we are witnessing a progressive evolution in our profession. Many lawyers actively assist the judiciary by initiating public interest litigations, serving as court commissioners, or bringing matters before forums like the National Green Tribunal. This heightened social responsibility is not new—lawyers have historically led battles for freedom and human rights worldwide—but it is heartening to see the Indian legal community continue this tradition with renewed vigour and adaptability.
The progress of the legal profession in India is commendable, especially considering the complexity of our multi-religious, multicultural society. The legal community has shown an impressive ability to adapt, turning challenges into opportunities. Advancements such as digitally indexed Supreme Court judgments and QR codes on Delhi High Court rulings, while seemingly small, collectively mark a significant transformation in making the profession more efficient, accountable, and responsible. The evolution of India’s legal fraternity, driven by technological adaptation, environmental awareness, and a commitment to social justice, is inspiring and reflects the resilience of the community in upholding core values in a rapidly changing world.
Given the wide range of portfolios that you manage. How do you see keeping yourself motivated, keeping others around you motivated and keeping the positive environment going as you were talking about?
I have an intellectual drive within me that pushes me to constantly challenge myself and pursue new opportunities, whether in personal growth, financial decisions, my child’s education, or my legal practice. This mindset has shaped my professional journey, where I’ve continually sought to expand into new practice areas and learn something different. Over time, this curiosity has helped me, and my firm evolve into a multi-faceted legal practice, combining both interdependent and independent areas. For example, clients from the healthcare sector may start with litigation services but eventually need help with regulatory matters like medical device registration or navigating the complexities of drug pricing under the Drug Price Control Order (DPCO). This has allowed us to diversify and grow while developing unique expertise in each area.
Adaptability has been key to my journey. Early on, I worked in corporate law, handling tasks like drafting resolutions and conducting due diligence. While important, I found these tasks lacked the creativity I wanted. To stay engaged, I started taking on litigation work, eventually branching out into areas like white-collar crimes and insolvency under the IBC. The constant changes in law, like updates to the Companies Act and the introduction of the IBC, kept me learning. Our firm has always embraced new challenges, which has helped us build a diverse and exciting portfolio of work, which has kept our work dynamic and exciting.
What keeps me going is the constant opportunity to learn. In law, no one can claim to be a master; we’re all lifelong students. I embrace this mindset, viewing every challenge as a chance to grow. This approach has not only shaped my career but also the ethos of our firm. The pursuit of intellectual curiosity and a willingness to adapt have been the foundations of my journey, helping me expand into diverse practice areas and maintain passion for my work. As a student of law, I remain committed to learning and evolving, ensuring my journey is as dynamic as the field itself.
With a decade of experience in commercial disputes, what initially inspired you to pursue a career in law, particularly in the area of dispute resolution?
So I did not really have it all figured out for me initially when I was making a career choice. Like most teenagers, I was confused and didn’t even know what I wanted to do. I had done 11th and 12th grade in the Science stream and at that point of time I had never fancied a career in law. I was more inclined towards doing either medicine or any other para medical field. Due to some family circumstances at that point in time, I was unable to pursue medicine and had to fall back on the next best career choice. The confusion did not end here. I saw both law and journalism as reasonably good career options. While the power that came with being aware of our rights inspired me to pursue law, I was equally enticed by the power to make a mass impact that came with being a journalist. I wanted to be able to make some sort of impact in what I did, so I secured admission in a journalism college on the same day when the first merit list at GLC was to come out. But as life would have it, something made me realise that I can make an impact even by pursuing law. So I left the admission secured in journalism and signed up for the five year law course instead. That was how I began my journey in law.
After earning your degree and being designated as a Solicitor, how did your early experiences in litigation at various law firms help shape your approach to handling complex commercial disputes? What were the key lessons you learned during this period?
While in my 4th year of college I made an unconventional but conscious choice of signing articleship for 3 years for qualifying as a Solicitor with a small boutique law firm in Mumbai which was primarily into dispute resolution. Even after qualifying as a Solicitor I continued working at this firm for a couple of years before I moved to a bigger firm. I was fortunate to be exposed to some very sensitive matters at this time including arbitrations, suits and writ petitions that were both complex and high value. So right from the start I was directly put into the hot tub and had to find my way into understanding complex commercial disputes and finding ways to resolve them. I believe that it was the training that I received during this time which set an extremely solid foundation for a decade of my career in dispute resolution that lay ahead. Many litigation lawyers are often given the advice that you must start practicing with the smaller courts, because this is where you actually learn the nitty gritty of trial and procedure. I did quite the opposite. I started my career with litigation in the Bombay high court and even supreme court, and quite honestly, I think it worked out beautifully well for me. The precision that is required for handling complex disputes in the higher courts forced me from the very start to pursue accuracy in whatever I was doing. Since the stakes in every matter that I was handling were high, there was very little room for error, which forced me to check, and re-check my work which was, I think, an extremely essential skill that one needs to develop in this profession. As far as nitty gritty of procedure is concerned, in my experience, I did handle a fair amount of disputes in the lower courts as well, and to be honest, I felt that the higher courts followed a more precise way of following the procedure with lesser adjournments and delays and more precision in interpretation of the law. Another key lesson that I learnt in my initial years at law firms was how to handle clients. Client counseling is a skill that is extremely crucial for the purpose of understanding a dispute and then effectively resolving it. Exposure to different kinds of clients, both corporate and individuals, understanding the dispute, understanding what exactly is the remedy that they are seeking, these things were extremely important. A client himself can make or break his own case and to get the right information out of the client is sometimes a very underrated skill. So these were some of the key learnings that I had during my initial years.
You have significant exposure to both domestic and international arbitration. Can you share how these two spheres differ in terms of legal approach and challenges, and what has been your strategy for effectively navigating both?
I believe, earlier on, while institutional arbitrations were not as popular in India, and ad hoc would be the natural first choice of parties, there was a vast difference in the way arbitrations were conducted in India and Internationally. Thankfully, the UNCITRAL and CIArb have done so. Post the 2015 amendment and the increasing pro-arbitration jurisprudence in India, the gap has narrowed down quite a fair bit . For example, something as simple as fast track arbitrations or document-only arbitrations was a concept India was oblivious to until recently. Fair to say that on interpretation of the law, there were not much difference in the approach, however International arbitrations have their own challenges when it comes to costs of arbitration. However, more than the arbitration proceeding itself, the major difference, which I believe will always exist, is in the system of the courts of various jurisdictions in challenges to the arbitration award or the arbitration procedure. The best strategy to effectively navigate both kinds of arbitration is to be open to learn, no matter how experienced you are in the profession, to be flexible in your approach to learning and most importantly to be observant of the smallest details.
As a Fellow at the Chartered Institute of Arbitrators, how has this designation enriched your skills and approach to arbitration?
I had taken the Accelerated Route to Fellowship, from CIArb London and I must say it went a long way in widening my knowledge of arbitration. The standards of procedure and conduct of international arbitration was meticulously explained by CIArb and the method adopted to teach during the course was key in building skills which are absolutely essential for a successful career in arbitration. The study was a rigorous one, which contained case study based, and unconventional questions, which forces one to think out of the box and present solutions. It ended with a rigorous award writing assessment, which further trains the mind to think from the arbitrator’s perspective and balance equities in a dispute. CIArb is also an internationally acclaimed standard and exposed me to a network of some of the brightest minds in Arbitration. I highly recommend budding arbitration practitioners to pursue the fellowship from CIArb to widen their knowledge and network.
In your current role, you focus on banking/real estate litigation and advisory relating to enforcement of security by Financial Institutions . What are the most common challenges faced by financial institutions in these areas, and how do you tailor your legal strategies to meet their needs?
In my current role I work on complex matters relating to recovery of stressed assets by financial institutions as well as Banking and real estate related litigation. I have come across cases with large amounts of money which turn into non-performing assets for these financial institutions due to the default of the borrowers. Most commonly, the challenges faced by these financial institutions comprise of dealing with fraudulent transactions made by the defaulting borrowers like multiple sales of their security, siphoning of monies and even forgery. Another major challenge faced by these institutions are the legal complications that arise due to the interplay of various laws in the country like RERA, SARFAESI, Transfer of Property Act, Slum Rehabilitation Law and general laws that sometimes form an impediment in enforcing their security effectively and delay the recovery process. My job in my current role is to work on effectively designing the best legal strategies for helping the clients achieve fast recovery of the stressed assets in the most efficient manner, and thereafter to implement that strategy, which may contain a combination of remedies. The most effective way of doing this is to keep myself abreast with the latest legal developments in banking and real estate related law and applying the latest law to the peculiar circumstances of the given case in order to come up with the best way forward.
Given your diverse background, what do you think are the key skills and qualities a lawyer needs to thrive in the fast-evolving legal environment, particularly when dealing with multi-jurisdictional disputes or complex financial matters?
I think the 2 most important skills that a lawyer needs, in order to thrive in the fast evolving legal environment, is preparedness and humility. I always believe it is extremely essential to know your brief like the back of your hand. Preparedness in law is a tool that can make a lawyer formidable. This must be coupled with humility. As our senior Mr. Fali Nariman put it, I quote : “The moment you say, you know everything, I’m afraid, that’s the beginning of your downfall.”
In addition to your demanding legal practice, how do you maintain a healthy work-life balance? Are there any personal habits or practices you find particularly useful in maintaining focus and achieving long-term success in your career? What strategies do you use to remain calm in high-pressure situations?
I am sometimes unable to stay consistent, but I do follow some sort of physical exercise for half an hour in the morning. It could be home work outs or yoga or just stretching exercises. Physical movement works wonders to keep the mind balanced and cope with stress. I also try and make it a point to travel whenever I get the opportunity. Also, meditation and spending time with Animals or in nature goes a long way to give the mind the much needed pause and refuel back into action. I read this somewhere and I believe it is so important for everyone in the hustle culture to know this- “Rest is not taking the foot off the gas, it is putting fuel in the tank” .
What advice would you offer young lawyers who wish to specialize in arbitration and build a successful practice similar to yours?
Few things: 1. Never be lazy to read. Know the difference between just reading something mechanically and understanding what you read. 2. Organise your brief well. We often underestimate the impact organisation has on productivity and when dealing with voluminous papers and proceedings, organisation can sometimes make or break your case 3. Cultivate the practice of updating yourself with the latest judgments. Arbitration as a practice area is evolving very fast with jurisprudence changing almost every day. Keeping abreast with the latest law makes a huge difference when it comes to advising clients.
With nearly a decade of experience across various areas of law, do you feel that law was always your intended path, or were there specific factors that guided you towards this profession?
Strangely, the practice of law was the last thing I thought of as a child. I was never very studious and never really sat down to think of what I wanted to pursue as a career. My mother, who is a scientist, was insistent that I must obtain a professional qualification. And it was my father, who is a businessman, who first suggested I study law; he’s in the business of real estate and saw potential in the practice of law. In a nutshell, both my parents were of the view that I obtain a professional qualification, and then do whatever I deem fit, provided it was constructive. And I’ve seen that, law or anything else, this emphasis on professional qualification is arguably one of the most important things that a child can be directed towards in the absence of any pre-disposition or pre-existing plan. But after joining law college, and seeing students work as hard as they did with moots, debates, research papers, and internships, I began to lose interest; it seemed like a lot of work. In fact, around the 3rd year in law college, I even toyed with the idea of leaving the law all together with a BSL Degree. I didn’t realise it back then but, sub-consciously, my plan was to join my father’s business. It seemed like the easy way out. I even did an internship of sorts with his firm – he was a task master and I was a complete misfit because of my indiscipline. Once I saw that I’d have to work equally, or maybe even more hard with him, I decided to give law a shot.
In other words, I was a very dull and unambitious student until my 4th year; it was only around this time that I began to consider giving things a shot; I began to read and participate in moots. That changed a lot for me. And the moment I surrendered myself to the law, I couldn’t imagine going back. In hindsight, I can’t see how I’d been doing anything but practicing law. This profession has re-moulded me in ways that were so necessary but impossible anywhere else.
You began your career in the Litigation team at a law firm. What were the key learning experiences during that time that shaped your legal perspective and influenced your career path?
The first key learning was that come what may, the trial courts offer learnings that no other forum can offer in litigation; trial work is trial work. My first year of law practice (at Hariani & Co.) was exclusively restricted to trial courts, or tribunals of first instance. While it got boring at times, it was the most enriching overall experience. The reason for this is simple: Our mind learns a lot by observation, sometimes without us even being aware of it; and there is no better place to see the law actually play out than in the trial courts. That one year set a solid foundation in my mind about what the practice of law was at its very essence; facts first, procedure next, and then, the substantive law.
The second learning was that the more time you spend with a matter (mentally), the more you seem to get it. I have no doubts that –although my foray into arbitration was not to happen until 2 years after– I would not have gotten into this space, had it not been for my time at Hariani & Co., Pune. My time there, also showed me the tremendous potential that lay in establishing a trial practice, contrary to popular beliefs. When it came to civil law, everyone wanted to be in the Higher Courts or in the Big law ecosystem, perhaps, because they haven’t seen the plus sides of a career as a trial lawyer. And a lot of your baselining of what the future might hold, takes place during your first two or three years. So it’s important that your environment during these first few years gives you hope. There was not a single big case in the city that the firm wasn’t involved in. I was lucky that way. Hariani & Co., ingrained a think big mentality of sorts in my mind.
During your time at AZB & Partners, you worked on a significant arbitration case against a Japanese conglomerate. What were some of the unique challenges you faced, and what strategies did you employ to successfully navigate those challenges?
The things I learnt whilst working on that matter were probably my biggest learnings in practice until then. While it did concern a foreign entity, the opponent in the matter was an Indian subsidiary of that foreign entity – so it was a domestic arbitration through and through; that’s for context. What made that case challenging was the sheer volume of the records; the matter revolved around disputes between a contractor and sub-contractor over civil and mechanical work done at India’s largest thermal power plant. Although up to that point, I had worked on cases where the monetary stakes were even higher than those involved in this arbitration, the volume of the records in the previous cases was nowhere close. So the biggest challenge for me was to get a grip on the documents and the facts. I remember my boss repeatedly laying emphasis on the list of dates being as accurate as possible. It was overwhelming and I found myself lost almost every day. So the biggest takeaway from that arbitration was the importance of organizing your brief, getting a grip on facts, and your thoughts. In one sentence, I’ve learnt that the only strategy to focus on in any case, is to simply have a command over the facts. If you do that one thing right, the rest of it somehow seems to fall in place almost automatically. If you’ve done a good job with organizing and presenting the facts, transparently (emphasis added), to a Judge or an Arbitrator, then you have done half the job. If you’ve been honest and precise in your presentation, the decision maker’s work load is considerably reduced. They need not spend as much time ascertaining or weeding out each and every fact; that frees up mental space for them to apply the law accurately. The output will almost always depend on the input.
After working with two prestigious firms, you chose to establish your own practice. What motivated you to take this step, and what were some of the initial challenges you encountered while setting up your practice?
I was always clear that if I practiced law, in the long term, it was going to be on my own; else, I’d give up practicing all together. I couldn’t see myself being a transactional lawyer or sitting in house, or only briefing other counsel. To do it any other way, was not something I could get myself to do willingly. It isn’t like I didn’t try to restrain myself and stay a little longer within the law firm ecosystem. But it was not in my DNA, and I was not doing justice to the jobs at hand; it was either leaving that ecosystem or leaving the law altogether. I decided to leave the former, albeit on an impulse, and initially regretted the decision a lot. But it is, in hindsight, the best thing that I’ve done. Initially after commencing independent practice, fear was the motivation. But I was fortunate that I got good work and opportunities from almost the first week, if not day, of my independence. Plus, I had no responsibilities and my parents were there to support me in every possible way. I could wax lyricals about “struggle” or challenges but there wasn’t any; there was a lot of self-doubt, many long hours, a lot of being alone as opposed to having colleagues, and so on. But that’s just nitpicking; I had work, my clients were fair, my parents were supportive, and I had no responsibilities. So no challenges. I only had to show up, and the rest somehow took care of itself.
Since launching your independent practice in January 2019, you have represented clients in various courts and arbitration tribunals. Could you share one of your most memorable or impactful cases, and what valuable insights did you gain from handling it?
Come to think of it, strangely, it’s not an arbitration matter. I’ve had some extremely memorable experiences: my first argument – before a Small Causes Court; my first arbitration in which I was part of a team that appeared before 3 retired judges of the Supreme Court, against some of the finest arbitration lawyers of the country; my first ever cross examination – against a prominent German automobile manufacturer, an arbitration I won, albeit not as thumpingly as I’d like; representing Rapido against an obstinate State Government; my first brief as an arguing counsel. But the matter that stands out is a case that I did before the National Green Tribunal against an environmental clearance granted to a slum rehabilitation scheme which was being constructed by a prominent developer and the Pune Municipal Corporation. My client had challenged this clearance and other permissions and, incredibly, had lost before every forum including the Supreme Court; that is when he came to me. I spent months on the case and managed to pull out one seemingly small but actually significant violation which had not been agitated before or adjudicated by any court or tribunal. We managed to succeed based on the law laid down in the Forward Foundation. After the matter was disposed off, my opponent became my client. I could think of no better end to that litigation. That will always be special.
You have represented Roppen Transportation Services Private Limited in multiple forums. Could you describe the key complexities of this case and the challenges of representing a transportation company in such matters? How did you approach the legal strategy?
What made this case peculiar was that something new kept happening almost every day. I’m based out of Poona but was practically living in Bombay for almost three whole weeks – afternoons were usually spent in my car at Horniman circle, waiting for the next call while populating the ever expanding list of dates. Before you knew it, you had to file something before the State Transport Appellate Tribunal, the Regional Transport Authority, and the Bombay High Court – things were on extremely short notice. Plus, there was some FIR or the other being registered against new employees every day. Added to that was the volatility of autorickshaw drivers. I was even threatened once. It was exciting and intimidating at once.
The matter hinged on the Motor Vehicles Law in Maharashtra, the Constitutionality of the State Government’s prohibitive actions, and Roppen’s right to ply in the absence of specific regulations for bike taxis; the complexity was owed to the fact that the grievance that Roppen had, on first blush, was more to do with policy making which is almost exclusively within the domain of the executive. All the same, there was no express embargo on plying of bike taxis. In fact, the central government had recognized the right to use motorcycles as contract carriages, as far back as in the year 2004. But the state government had nothing in place; and this being a concurrent list subject, the State maintained that it had absolute dominion to call the shots. All the same, there was an aggregator’s policy in place in Maharashtra but the Government kept insisting that bike taxis were illegal. It was a mish mash of law, both for and against us.
The strategy was simple: ensure compliance of the aggregator policy, and exhaust all alternative remedies before approaching the High Court and finally mounting a challenge to the constitutionality of the state law. We worked on the issue as a whole for almost a whole year, and in November 2022, even managed to convince the High Court to set aside an order of the RTO Pune, without having gotten into the merits. The matter was primed for us to move with this part of the challenge – the constitutionality, coupled with the fact that the government of Maharashtra had not obtained presidential assent to do away with the central law. But at the last minute, the clients decided to refrain from mounting this challenge on advice of other counsel, who had different ideas and took a different route; Roppen was ordered to shut down on 13 January 2023.. But the state government has finally come up with a policy; that was a relief.
The experience was incredible because I was the lead Advocate for the longest time. Drafting representations, appeals, petitions, overall strategy, understanding the views of the GCs, the stakeholders, and even appearing in a few matters and briefing Senior Counsel in others. It was a lot to take in. A different kind of learning.
As a guest lecturer at several universities, including your alma mater, what do you find most rewarding about teaching? How do you incorporate your practical experiences into your lectures, and how do you foresee the future of Alternative Dispute Resolution (ADR) evolving with the rise of technology in the legal field?
The satisfaction of seeing someone understand a particular point or provision of law based on your expression of it, is the most rewarding aspect of teaching. Added to that, is the fact that if you’re serious about doing a good job as a professor, you need to be thoroughly prepared and really understand the subject deeply. This, in turn helps in expanding your own stock of knowledge, which is key to a good law practice. Teaching that way is a win-win for all concerned. I am of the firm opinion that any practicing / litigating Advocate cannot be at his or her best without being in constant touch with his or her academic or theoretical –some might even say– impractical or idealist side. I make it a point to explain threadbare the details of cases I’ve handled, while explaining a particular issue and I try to correlate the case with the provision we are studying; trying to draw out as many parallels as possible. I’ve found that to be one of the most effective ways of reaching into the minds of the students or recipients. As far as technology in ADR goes, of course, we aren’t at par with many foreign jurisdictions. And even things like virtual hearings and email filings have come into the mainstream in India, only post the pandemic. So while there is certainly a lot going on in that space, I don’t think India is ready yet. A lot of legislative groundwork needs to be laid before we can think of using advanced technology in India’s ADR ecosystem.
You have expressed a strong interest in philosophy, psychology, and history. How do these interests influence your approach to law and contribute to your professional growth? Do you find these subjects shape your views on justice and conflict resolution?
My interests in philosophy and psychology stemmed from my need to find myself answers when I’d hit a rough patch. I was lost and miserable, both, personally and professionally. I’m glad that that happened very early on in my career. I think self-awareness is key for persuasion skills; one can only try to understand others, if they’ve looked within and understood their own self. Plus, it helps you deal with negativity a lot more effectively. I also think cognitive biases and heuristics should be taught in every school; things like the Pygmalion effect, the Confirmation bias, the Sunk Cost fallacy, and so on. These are aspects of everyday life, both in and out of court. And unless we understand the fallacies which are inherent in our thoughts as human beings, we can’t do justice to our jobs as Advocates. It also helps to keep the ego in check. All things equal, I think that an Advocate with a better stock of knowledge on psychology, has an edge over another with lesser of it. Philosophy is more to keep yourself on course when you’re despondent or face a setback, whether in or out of court.
I’ve always been interested in history. And, again, I don’t think there’s a better way to understand the future than by first understanding the past. They say every thought or idea that you might have, has already been thought of by someone else. That, in and of itself, should answer to its significance. And if that isn’t enough, even in our work as Advocates, we’re guided by case law – which is another piece of history. I’ve learnt that history also improves your Court craft in an unexplainable & intangible way. I can’t point out exactly how, but it does.
What advice would you give to young lawyers aiming to specialize in arbitration and build a successful practice like yours? Additionally, what resources or strategies would you recommend to help them stay updated on the latest legal trends?
I think that inherent within the idea of being updated, is the presumption that we know what the law was or has been. I think therefore that staying updated on the law, begins with going back to its very origins. The history of the law is what will help you effectively understand the present. And so, focus on reading law reports (they’re freely available on ESCR now); the further into the past you go, the easier it becomes to keep up with the latest developments.
Coming to building a law practice, I don’t think I’m successful, given where I’d thought of getting by now, when I was a student. But yes, given where I began, I’m satisfied; much more than that actually. This is to say that I don’t think I’m qualified enough to talk about building a successful practice, just yet. What I can offer, however, is advice in the form of a few eternal truths that I’ve come to know, not understand. Know.
1) Your ability to succeed at anything is no small measure, directly proportionate to your ability to stick it out. There’s a reason they say that a rolling stone gathers no moss.
2) The more you read, the luckier you get. Especially the bare text of the law.
3) Procedure and Evidence are the keys to any door when it comes to civil and commercial work; and,
4) You are your biggest resource. Never sell yourself short.
With over a decade of extensive practice, what initially inspired you to pursue a career in law and what factors led you to choose this profession?
My father, Mr. Rameshwar Totala, who is practising at Bombay High Court since 1985, inspired me to pursue a career in law. Since my childhood, I have seen this profession very closely. Since my school days, I accompanied my father and his juniors to courts and spent evening time at his office, so choosing this career came very naturally to me.
What was your area of specialization during your LLM at Bharti Vidyapeeth University, Pune, and what motivated you to choose that particular field of study?
During my LLM at Bharti Vidyapeeth University in Pune, I specialized in Corporate Law. I recognized that expertise in Corporate and Commercial Law would not only enhance my professional capabilities but also allow me to assist clients effectively in navigating complex commercial disputes, making it a strategic choice for my career development especially when you are practising at the financial capital of the country, Mumbai.
Following law school at ILS Law College, Pune, you interned and worked with several prominent advocates and law firms. Could you describe your formative years and the key lessons and experiences that influenced your career path?
My formative years at Law School included internships with esteemed advocates such as Shri Harish Salve, Senior Advocate, Supreme Court of India and Shri Vineet Naik, Senior Advocate, Bombay High Court. I also got an opportunity to intern in my final semester at Lakshmikumaran & Shridharan firm, Delhi, which specialises in indirect taxation. I also actively participated in moot court competitions and got the opportunity to represent ILS Law College both nationally and internationally. I was also an active participant in cultural events during college in drama and music, which also helped me connect with students from 1st year to 5th year and I am proud that I have friends today from college, not only my batch but throughout all the batches of 2005 to 2010. All these experiences were instrumental in opening a new horizon for me in the legal profession. Working closely with the best professionals in the world allowed me to gain practical insights into various legal strategies and the nuances of litigation, which have been invaluable throughout my career. I have been in touch with all seniors and colleagues whom I met during my internship even today, who helped and guided me during my formative years and I take it as my responsibility to pass on the same learnings, tips and methods to the interns and juniors who intern and work at our chambers.
You’ve been an independent counsel for almost a decade and what challenges did you face during this transition after you switched from a law firm?
My journey from working as a Legal Associate at Vidhii Partners, Mumbai after ILS Law College from 2010 to 2011, then working as a Junior Counsel with Shri Chetan Kapadia, Senior Advocate, Bombay High Court from 2011 to 2017, and then to an Independent Counsel at RT LEGAL chambers since then has been both demanding and deeply fulfilling and I am eternally grateful to my seniors, because of whom, I am able to litigate effectively in courts and tribunals across the globe. I was always sure since beginning that I wanted to be a litigating lawyer and be in the Courtroom throughout my Career. I was fortunate to work at Vidhii Partners after college, where I got the exposure to work at every possible court and tribunal at Mumbai thereby understanding the procedural niceties and the said experience helped me throughout my career till today.
Given your extensive experience in arbitration, how do you prepare for representing clients in arbitral tribunals, particularly in international commercial and contractual disputes?
Preparing for representation in arbitral tribunals involves comprehensive case analysis and strategic planning. Our aim is to have the client bring us all the minute details, which may be either in the form of documentary evidence or oral evidence and then we try to understand the factual scenario after keeping ourselves in the shoes of our client. This fact discovery exercise with the client, prior to initiation of legal proceedings is very important, to avoid any surprises from the other side during the course of trial. In the evolving global landscape, arbitration throughout the globe has become the “new normal” for resolution of disputes and I try and keep myself updated with the best international practices in order to effectively represent my clients. Also, my first effort is to try and convince the client to mediate, if that is an option in the given facts and circumstances. In the last 24 months, despite initiation of Arbitral Proceedings in multiple cases, we have been able to effectively settle half a dozen cases through mediation for our clients to their utmost satisfaction. Out of court settlement brings respite to the client and reduces the litigation at all future stages, thereby saving the burden on our judicial system which is already reeling under the pressure of pendency.
What do you consider to be the primary challenges companies face when dealing with Insolvency petitions and liquidation matters, and how do you assist them?
I have represented and advised several companies in Insolvency and Liquidation matters. The primary challenge faced by the companies, who find themselves in such a position, is lack of legal awareness. I assist these companies by providing tailored legal advice which helps them navigate their rights and obligations under the law so that further damage could be controlled and if required, options for restructuring or liquidation of such companies while ensuring compliance with relevant regulations could also be worked out. I have been fortunate enough to have worked on several large insolvency cases which the country has witnessed since 2017.
What advice would you offer to law students aspiring to build a successful career like yours? Are there any resources or tools you regularly refer to while navigating the legal profession?
For law students aspiring to build successful careers, I recommend seeking diverse experiences through internships and actively networking within the legal community. They should explore different areas of practice in Law before choosing a niche area of practice. Engaging with mentors can provide invaluable guidance. Staying updated on legal developments through journals, books, online resources is also crucial for continuous professional growth. The field of law is vast and offers numerous opportunities. Through internships, students can explore and determine their preferred career paths, whether it be litigation, corporate law, serving as In-House legal Counsel, being a part of Judiciary or pursuing a career in academia. Last but not the least, litigation is a marathon race, in which you will succeed only if you stick around. After COVID, Virtual hearings are the new normal and most of the courts have also begun to live stream the proceedings. It is a great opportunity for the law students and lawyers to regularly witness these proceedings virtually in the comfort of your home/office and follow the cases, which are of national importance or involve an interesting question of law.
With the demanding nature of your career and responsibilities, how do you manage to unwind and maintain a healthy work-life balance? What strategies or activities help you cope with stress and stay focused?
Our work often demands frequent travel to different cities for court hearings, client meetings, or case preparations. Amidst the relentless pace of this profession, I strive to carve out moments to unwind. Music, one of my cherished hobbies, becomes a sanctuary where I can momentarily escape the pressures of legal battles. It allows me to slow down, regain my composure, and reconnect with myself and approach my responsibilities with renewed focus and energy. If I would not have been a lawyer, I surely would have been in the music profession.
Looking back on your early career, was law a profession you always intended to pursue, or was there a specific experience or event that led you to choose this path? Additionally, what sparked your interest in specialising in Arbitration Law?
Reflecting on my journey, while a lifelong fascination with law wasn’t my initial trajectory, a personal experience profoundly influenced my decision to pursue this path. Witnessing the impact of a significant business dispute within my family during my 12th grade board exams instilled in me a deep appreciation for the importance of legal knowledge and the power of the law. As it is said knowledge is power and therefore, law was the natural choice.
Although I initially enrolled in Economics Hons. from Delhi University, my burgeoning interest in the law led me to pursue a law degree at Amity Law School (affiliated to GGSIPU), a decision that was met with both support and a degree of apprehension from my family, as I was the first in my family to venture into the legal profession.
Regarding your second question, my initial foray into the world of arbitration occurred during my internship with Mr. Shaiwal Srivastava at Paras Legal. The intricacies of arbitration practice, the flexibility it provides to parties and counsel, captivated my imagination. This early exposure ignited a deep and enduring passion for this specialized field, ultimately shaping my professional trajectory.
During the early stages of your practice, you were involved in India-seated arbitration for various Public Sector Undertakings (PSUs). What key lessons did you learn from that phase that helped shape your reputation in the field and contributed to your career growth?
My early career involved significant engagement in India-seated arbitrations for various Public Sector Undertakings (PSUs), an experience that proved invaluable in shaping my professional trajectory. This formative period under the mentorship of Mr. S.K. Maniktala, my first mentor, instilled crucial lessons that continue to guide my practice today.
One of the most significant takeaways was the paramount importance of rigorous legal research. As a junior lawyer, I was deeply involved in researching case law, not only from Indian jurisdictions but also from other common law countries, recognizing that certain legal concepts were relatively nascent in India in the field of Construction law like Concurrent delay. Mr. Maniktala imparted a valuable piece of advice: if a particular legal argument/proposition cannot be found through thorough research, it is crucial to question whether the situation is truly unprecedented, if not then further research is required. This guidance has consistently challenged me to delve deeper and ensure comprehensive analysis.
Furthermore, this period underscored the critical role of meticulous drafting. Under Mr. Maniktala’s guidance, I learned to pay close attention to the structure and language of legal documents. His meticulous review of my drafts, often involving hours of discussion, instilled a deep appreciation for the precision and clarity required in legal writing.
Finally, this experience reinforced the ethical obligations of legal practice. Mr. Maniktala emphasized the importance of honesty and transparency before the court. He instilled the principle that a lawyer’s duty is to assist the court in arriving at a just outcome, which may sometimes involve presenting arguments that may not be entirely favorable to their client’s position. This emphasis on ethical conduct has been a cornerstone of my legal career. If a fact or law is not in our favour, it is the responsibility of the lawyer to show that the said fact or law is not relevant or other considerations hold more importance.
After working with a Law Firm in your initial years, what made you switch to Chambers of Senior Advocates Mr. Pravin H. Parekh and Mr. Ramji Srinivasan and what were the key differences that you came across while working in a law firm and Chambers?
After gaining valuable experience in a law firm, I made a conscious decision to transition to the Chambers of Senior Advocates Mr. Pravin H. Parekh and Mr. Ramji Srinivasan. While my time in the law firm provided a strong foundation in procedural aspects, drafting, and legal research, I observed a significant difference in the approach to legal practice between the two environments.
In the law firm setting, I often found myself involved in presenting a considerable amount of information to Senior Advocates. However, I witnessed how Senior Advocates possess an exceptional ability to distill complex legal arguments, identify the core issues, and present them in a concise and impactful manner. This acute analytical ability, honed through years of experience in high-stakes litigation, particularly resonated with me, given the limited time available for oral arguments before courts in comparison to arbitral tribunal.
This realization, coupled with my deep admiration for the expertise and experience of Senior Advocates like Mr. Fali Nariman, who famously described the above practice as “The School of the Hard Knocks,” led me to pursue this path. My time in the Chambers of Mr. Ramji Srinivasan and subsequently Mr. Pravin Parekh proved to be an invaluable and intellectually stimulating experience and enriching in honing my advocacy skills. I had the privilege of assisting them on matters of national significance, including the landmark Sabrimala case before the nine-judge bench and the AGR matter, gaining invaluable insights into the highest levels of legal advocacy.
Presently, you are working with MRP Advisory. Could you please share more about your experience managing various legal disputes across different legal areas you work in?
I am currently a Senior Associate at MRP Advisory, where I have the privilege of working under the esteemed leadership of Mr. Adarsh Ramakrishnan. My role involves a diverse portfolio of international and domestic disputes, encompassing seat of arbitration in India, UAE, Singapore, Qatar, Oman, London, and Nepal.
The firm specializes in high-stakes international and domestic arbitration matters, primarily focusing on construction/infrastructure and complex contractual disputes. This challenging and rewarding work environment provides ample opportunities for professional development and contributes significantly to my legal career.
This exposure to a wide range of legal systems, including both common and civil law, presents a unique and intellectually stimulating environment. The constant engagement with different legal frameworks and cultural nuances fosters continuous learning and prevents professional stagnation.
Furthermore, collaborating with foreign legal counsel from various jurisdictions provides invaluable insights into international legal practices and fosters a deeper understanding of cultural diversity.
MRP Advisory empowers its associates to grow independently, allowing for significant autonomy and minimal supervision. I am particularly proud to have led the firm’s initiative on discussions concerning construction law and policies in both the Middle East and India, through Podcasts/Webinars and assisted in Dubai Arbitration Week.
Given your extensive experience in handling arbitrations across different jurisdictions, how do you stay current with the evolving trends in this field? What advice would you give to newcomers aspiring to build a career similar to yours, and what resources do you rely on to stay informed?
Reading and keeping abreast with the current trends and law is sine qua non. For this my advice would be:
Jurisdictional Focus:Selecting a specific jurisdiction (or a few) is crucial. This allows for deeper specialization and a better understanding of the nuances of that legal system.
Leading Professionals: Following prominent figures on LinkedIn is invaluable. Platforms like LinkedIn, Twitter, and even blogs provide insights into current debates, case developments, and industry events.
Key Institutions: Staying informed about the activities of major arbitral institutions (ICC, SIAC, LCIA, MCIA etc.) is essential. Their websites, publications, and events offer valuable resources and insights into evolving trends. Along with this, regional institutions of the particular jurisdiction must be followed as well.
Legal Databases and Publications: Utilizing platforms like Kluwer Arbitration, Westlaw, LexisNexis, and specialized journals is crucial for in-depth legal research and analysis.
Conferences and Workshops: Attending conferences and workshops is vital for networking, learning from experts, and staying abreast of the latest developments in the field.
Professional Associations: Utilize the resources available on International Bar Association (IBA), Chartered Institute of Arbitrators (CIArb), Society of Construction Law etc.
Advice to new comers:
While I feel I am too junior to offer advice to newcomers on building a career in international arbitration, I would like to emphasize the importance of maintaining an open mindset regarding career paths early in one’s legal career. Law is a vast and multifaceted discipline, presenting a myriad of opportunities.
Internships and the initial years of practice should be approached as a time for exploration across various legal domains. Personally, I have gained experience in diverse areas such as domestic and international arbitration, commercial and civil litigation, insolvency, and constitutional law. Furthermore, I continually seek to expand my knowledge in technology law whenever I have the opportunity.
It is essential to recognize that each individual’s career journey is unique. Rather than simply following in the footsteps of others, I encourage you to carve your own path in the legal profession. Enjoy the process and always be a student of law.
Having graduated from Hidayatullah National Law University, Raipur, what was your experience of getting into an NLU, and was law always the career path you envisioned for yourself?
I got into a NLU in the pre-CLAT era (2005-06) so it was a very different experience back then. Hailing from a small-town, there was a lot of misinformation as to what a 5-year course was like. I remember telling my parents that I want to do law and their reaction was “why would you want to do that. You are good at studies and law is for people who cannot do anything else.” However, I was somehow able to convince them and then came the most difficult part, applying to the institutions. At that time each institution used to have their own selection process. A different exam for each institution. I remember giving at least 12 exams in one season (April-June). I am sure I missed many others.
As regards the exams, most were MCQ based, except a few. And what I realised was that I was a good student mainly in the eyes of my parents. Despite giving 12 exams I got into only a handful and none of the top few. Thankfully, I got into HNLU which happens to be in Raipur which in turn happens to be my hometown too. In a way I was fortunate to enjoy both the campus life on weekdays as well as home-cooked food on weekends.
When it comes to law as a career option, I was (like any other kid in their school days) mostly confused about my career. I was brought up in a joint family so I had already seen some of my siblings/ cousins pursue their careers in medicine, engineering and management. However, none had pursued law by that time. As usual I was mostly inclined towards a career in Engineering (was already pursuing PCM in school), but I’d blame the destiny for my career in law. In my 12th Std. I fell seriously ill (was on bed-rest for almost 5 months) and could barely give my board exams. So naturally I could not even prepare for any competitive exams. During my bed-rest I had a lot of time to read which led me down the path of exploring various aspects of our lives including law. Fortunately or unfortunately, I used to ask a lot of questions, was very opinionated and liked arguing unnecessarily and that’s when someone jokingly suggested that I should pursue a career in law. And again, fortunately or unfortunately, I took that as advice. In hindsight, it turned out to be a good decision.
In the early stages of your career, you worked with various law firms specializing in Customs, Trade Remedial Measures, Service Tax, VAT, and CENVAT Credit. How did these experiences contribute to shaping your legal career?
Initially in my college days I was fortunate to have some opportunities of participating in International Trade Law moots which ultimately laid the foundation for my first job which was in International Trade Remedies. This experience was highly enriching as it got me firsthand experience in not just the legal aspects but also from a cost accounting perspective. To give you an insight – in order to avail these trade remedies, the ‘domestic industry’ (which is suffering at the hands of below cost imported products) was required to prove that there is an injury to it due to the imports. This required a lot of research and analysis into the cost of production (and export to India) for the exporters. Once we established that the imports into India were significantly below the cost, we used to prepare a memo for representing before the nodal agency (current Directorate General of Trade Remedies aka DGTR) mixing it up with the legal principle for determining the injury to the domestic industry. This paved the way for me to do “number-crunching” which most advocates dread.
Over time as I developed some understanding of the numbers, it became easier for me to get an entry into the world of taxes. That is when I got an opportunity in BMR Advisors, Mumbai, which was a consulting stint for me. Being a CA firm, BMR had a different way of working than a law firm and that was also an immensely enriching experience. While the work hours were erratic, it gave me exposure at a level which is incomparable to any. By this time I had become a full-time indirect tax professional getting to work on not less than 35 legislations (pre-GST era) across the country and having a list of marquee clients.
After gaining experience in several law firms in Delhi and Mumbai, you transitioned to corporate practice. What inspired this career shift, and how did the work culture differ between law firms and corporate environments?
While consulting gave me the most extensive exposure into indirect taxes, the work-life balance was not as great for me. Like many lawyers, I hit a burn-out phase, couldn’t keep up with long working hours and also faced some health issues. This led to an introspection and I took a sabbatical from work.
While I was taking a step back, I was also trying to figure out what I want in life as a whole, figuring out the bigger picture. This is when I got an offer from Godrej’s Corporate Legal Team. It was an exciting opportunity, primarily because it gave me an opportunity to continue my passion of practicing taxes and at the same time allowed me some work life balance. Even more interesting was the ability to work on different clientele, as the corporate team in Godrej used to cater to multiple companies under the banner of Godrej Industries and Allied Companies.
Though, there is a general perception that in-house lawyers have it easy when it comes to the work pressure or for that matter the gravity related to it, when I started working I realised the stark difference in the way you have to approach any problem sitting in-house vis-à-vis consulting. Consulting it seems (though I may be wrong) is more focussed and less business-driven. In-house practice requires much more involvement from a business perspective and even more important is a solution-based approach. I was no longer a mere legal consultant but a business partner too at Godrej.
One of the most stark difference in the way of working in an in-house role was the greater autonomy that I got. Unlike a consulting role there is a lesser hierarchy and one gets more room and time to give out a deliverable, although it did come with its own set of accountability. However, this played a pivotal role in shaping my career and the choices I made in the time to come.
Over the four year period that I worked with GILAC I not only got opportunities to work in indirect taxes but other areas as well like general corporate, regulatory/ licensing matters, environment, etc. This broadened my expertise in law and also provided me an insight into the myriad issues that a business has both at macro and micro levels. These four years trained me in being a better lawyer by thinking more like a business person and less like a lawyer. Godrej also gave me a lot of opportunities to travel and develop a network of some great individuals across the country, who helped me later in my career.
Following your role as Manager at Godrej Industries Limited and Allied Companies (GILAC), where you spent four years as part of the corporate legal team, you decided to establish your own practice. What motivated this move, and what challenges did you encounter during the transition?
GILAC and the Epiphany
The role as Manager, GILAC was a very fulfilling role. But everyone outgrows their work and work environment sooner or later, it is a natural progression. This came for me in the form of an epiphany: around 2017 when GST was about to be implemented, I was offered a few roles back to consulting (mostly from law firms and big-fours). However, at this stage I had already had experiences in both these kinds of work environments, I was aware of the ways and the work. This somewhere discouraged me from going back on the same track. However, I had a gut feeling, I knew it was time for me to make a move – where? I did not know.
This brought me to my next pivotal juncture. Between 2017 and 2018 I did my second round of soul searching, figuring out my place in the bigger picture. I had always wanted to set-up something of my own. But how would that happen, I had not a single clue about it. For almost a year, I prepared myself to take that leap of faith. With some guidance from my seniors and colleagues I closed down on litigation. But the road ahead was difficult.
Preparing for litigation
Like in a video game the difficulty keeps increasing with every level, so in life difficulty keeps increasing as one grows. In order to start my career in litigation I had prepared a lot. For me (so I thought) it had to be a calculated risk. Foremost, since it had already been 7 years for me in my career, I could not have relied on anyone else for my sustenance. Hence, I set up a capital fund for myself. Unfortunately, there are no PE/ VC Fund or angel investors in the litigation space.
Next I reduced my liabilities to almost nil, except for my day-to-day expenses. This meant that I could not afford a new car or buy a home for the next few years. This also meant that I live as frugal a lifestyle as possible. Having your own practice is like running a full-fledged business, alone. Club that up with living in the most expensive city (Mumbai) in this country, you have a recipe for disaster. So it was clear to me that the longer I could sustain myself on that capital I had saved, the better are my chances of succeeding. However, all of this was easier said than done.
Creating something of your own is like learning to become a potter from scratch. Even if you know what you need to do, there still is a huge learning curve. During the past 6 years of my independent practice, the one thing I have learnt is – you can never stop learning. There is learning both on the professional and personal front. As lawyers we see a lot of personal trauma and injury – nothing prepares us for the same. Most days, stakes are so high that even the stress level is off the roof. But rarely does anyone prepare you for the same. It is a journey we figure out on our own. For me personally meditation has done wonders and I always advise my juniors to practice daily to have a better life.
Game of Survival
A newly launched car in the market, trying to gain a market share, requires a good deal of marketing and promotion. But what do you do when you don’t have a budget for the same? Well, you don’t sell cars, you sell the next best thing. While starting out when I faced my fair share of rejections, I started taking up all kinds of matters (next best thing), because ultimately it was my own survival at stake. I was away from home, burning cash on a daily basis with limited to no support from elsewhere. Thus, from filing a Section 125 maintenance application to arguing Section 9 applications under IBC, I went for anything and everything. I was no longer just a tax lawyer, I had become an ‘advocate.’ In hindsight, it is this resilience and hunger for survival which ultimately defines one’s existence.
But more than this there is one more thing which played a pivotal role in my survival. It is generally said that it takes a whole village to raise a child, same goes with a law practice. It takes a whole lot of support from a great number of generous people to believe in you enough to give their cases in your hands. I guess I just got lucky enough to have too many of these kind people. Initially one does feel that it’s your fight and you have to fight it alone, but along the way you do find a few great companions having their own fights and looking for and even ready to lend support. Couple that with a little bit of hard-work and you have a recipe for something sustainable.
Only one more learning in my journey so far – “the only way humans have ever figured out of getting somewhere is to leave something behind.” This very important dialogue from a very famous movie, helped me realise my full potential. Most days I was too worried where my next sustenance is going to come from, but it was those really adventurous days when instead of thinking about my sustenance, I cared more about the kind of work that I was doing. I took risks in terms of letting go of work which didn’t fit well in my value system or even my aspirations, though it may have brought in some easy money. Thus, most days it was a mental fight with oneself, marred by self-doubt. How I overcame that, is the story of my life.
As a Counsel at the Bombay High Court, you handle a diverse range of litigation, including tax, corporate-commercial, IP, and constitutional matters for well-known clients. Could you share an example of the most challenging case you’ve worked on and the preparation involved?
It is sometimes said in Hindi: “Mauka milta har kisi ko hai, jazbaat ye hain ki mauke ki tayyari me aapne kya kiya?” (Opportunity will knock on your doors, it is up to you whether you’re ready for it or not) Something similar happened with me when a govt. agency approached me to file a Section 9 Application under IBC before the Hon’ble NCLT in Mumbai. The Application was to be filed against a company which had defaulted in payment of certain dues to the agency under a contract. Prima facie it was a simple case but the remedy for the same was not under Section 9. There were multiple disputes to the claim and I had already informed clients that chances are bleak. Still upon their insistence, we proceeded with the filing of the application and as was expected the same was dismissed.
As already highlighted earlier, there are a lot of generous people out there who are willing to bet on you. One such person was a counsel representing the agency, who despite losing the matter placed his faith in me and requested me to carry out a research as to what can be an alternative remedy. The matter involved an issue of high commerce involving thousands of crores of public money. I took that as a challenge and embarked on one of the longest running and almost awe inspiring litigation journey so far in my life.
Upon deeper study I realised that the agency had contracted with the company to collect some kind of taxes on its behalf and when the company defaulted, there were various coercive mechanisms available with the agency (as with any tax collector like Income Tax Dept. or GST, etc.) which it could have adopted to recover the same. The only hurdle was that the assets of the company against which such coercive recovery could be implemented were not within the jurisdiction of the agency.
A law researcher is like a seeker in a game of Quidditch (Harry Potter), one can’t lose sight of that Golden Snitch, that proposition of law. My focus was to extend the jurisdiction of the agency to the location of the Company and its assets. And the answer I found was in a 130 years old legislation which is still in force – which allowed the agency to request the collectors, in the jurisdiction where the Company and its assets lie, to act on its behalf for the recovery of any dues in the nature of ‘land revenue.’ I know, pretty colonial.
However, up until this point it was simply a prologue and the real battle started now. The actions of the agency were first not accepted by the collectors and were therefore marred by inaction. This led to rounds two of litigation seeking mandamus against the govt. functionaries. Once the govt. functionaries sprung to action upon directions by the Hon’ble Bombay High Court, the defaulting company challenged the validity of recovery. To be honest it was not an easy task to defend a 130 years old legislation which was based on colonial ideas. However, we still gave our best and obtained 4 back-to-back favourable orders (two of which even got reported). This took almost two years.
In the third round of litigation, the issues went up to the Hon’ble Supreme Court and here was a real test of the legal principles which had found some favour with various benches of the Hon’ble Bombay High Court. By this time we were in the third year of this matter’s litigation journey. Defending an already settled position (by a high court) never seemed like an uphill task like it did this time. Endless hours of conferences with not one but three senior counsels, endless volumes of research and from that was derived crisp arguments which should hopefully sit well with the Hon’ble Judges. Every time a senior counsel played the devil’s advocate, we had to recount our steps from the beginning, rethink the proposition of law from the start. However, the hard-work paid off and we got at least two favourable orders from the Hon’ble Supreme Court, upholding the law laid down by the Hon’ble Bombay High Court.
While this should have been a personal victory it felt more like providence. For the first time in my life I understood the meaning of this term which almost every well know lawyer in this country believes in.
But this was not the end; at the beginning of this year, we were back to square one, when just before the auction of the attached assets of the company could be carried out, the company underwent CIRP and Section 14 moratorium was put in place. Remember, we had already lost that battle in the very first round? The matter is now still sub-judice with various other dimensions being opened, including lifting and reverse lifting of corporate veils.
Although, there are other matters which have brought much more fame as well as remuneration to me than this matter, still I feel this matter deserves more to be mentioned in response to this questions than others.
What are the key challenges you have faced while dealing with compliance and disputes under highly specialized regulations like the Drugs & Cosmetics Act, the Insecticides Act, or the Legal Metrology Act?
Most specialised legislation are highly technical as they need to regulate various technical and scientific products. While dealing with such legislation one doesn’t just read the law but also about the products and the science relating to the same. This although is very challenging but it also very interesting and stimulating.
In most cases involving first time registration under such acts, there mostly is an overlap of various IP protection laws (mostly patents). One of the primary concerns of the clients in such cases becomes the protection of their IP when the idea is still undergoing IP registration process and yet it needs to be converted into a product-market fit (PMF), by obtaining relevant licensing and registrations.
Another important aspect of these legislations is the product liability. Under all the recent legislations like FSSAI, Drugs & Cosmetics, Insecticide & Fertilizers, Legal Metrology, etc. there is a concept of default attribution whereunder it is incumbent upon the companies to designate a specific officers who may be held responsible for various defaults which may occur under the Acts. At times the responsibility is even affixed on Managing or Executive Directors of the Company, creating a huge gap in terms of the risks. This is even more aggravated by the fact that while the licensing/ registration requirements under these Acts may be centralised at State/ Union level, but their enforcement is very decentralised. Meaning that when there is a default the same is mostly identified by an official generally at local level in some remote location. An apt example of this is the Maggie (Nestlé) case which started out in Barabanki District in Uttar Pradesh.
As India is growing as a global exporter, especially, in food and pharma sectors, the exposure has become manifold. A number of Indian companies from the pharma sector are on the edge of facing even class action suit due to product liability. In order to mitigate such exposure we are advising a lot of Indian companies to rely on insurances in the form of Commercial General Liability (CGL), Product Liability, D&O, and E&O policies to cushion their exposure.
You have provided advisory and litigation support to startups across various sectors, including Fin-Tech, Agri-Tech, and Edu-Tech. What specific challenges do Agri-Tech startups face in India?
Food security is one of the biggest growing concerns world over and the answer to the same lies in the marriage of technology with agriculture. A huge number of tech companies world over are working towards this much needed collaboration. The five primary aspects of agriculture – soil, water, seed, nutrition and protection – all have seen major technological research being undertaken to improve the quality and quantity of food. Food safety being the biggest concern, there is a lot of emphasis on sustainability and organic production.
Some of the major challenges that Indian Agri-Tech space is seeing in the current times:
Funding: While innovation in a lab can be easily created, replicating it into a commercially successful product is much more difficult. Especially, keeping in mind that agriculture is dependent on various other factors like weather and irrigation. Thus, mere effectiveness of any product is not a guarantee for its commercial success. This result has caused the funding ecosystem to develop unevenly in the Agri-Tech space. A lot of sustainable and organic technologies are facing the brunt of it.
IP Protection: Most start-ups working in this space lack the basic understanding of the IP protection laws. Further, since a lot of research is funded by the govt. (like through agriculture institutes (ICAR) or KVKs in collaboration with some private players) not enough attention is given to this aspect. One more deterrent is the affordability. Since agriculture in India is still very fragmented and individual driven, to make the newer products affordable is a challenge.
Awareness: Making an Indian farmer learn about a new technology or product is likely talking to them through a grapevine. The conventional or rather traditional approaches have marred the efforts of Agri-tech companies in achieving a decent level of adaptability. While the govt. does come out with various schemes from time to time to promote such technologies (e.g. promotion of Integrated Pest Management, bio-gas production, etc.), the sector is so unorganised that it is still difficult to generate adaptability on a large scale and information moves mostly through the word of mouth.
Regulatory: The next aspect is the regulatory issue which plagues the start-up space in general and agri space in particular. Since most of the products used in application of agriculture have a direct impact on the quality and safety of food, there are high levels of regulation. While regulation itself may not be as much of a problem, the difficulty arises in implementation of those regulations. There are primarily three reasons for the same:
Lack of clarity in the laws themselves which lead to confusion. For example, the govt. keeps coming out with notifications making changes to various laws like Fertilizer Control Order in order to cover new and evolving bio-fertilizer and growth promoters. But most of the times such notifications are ad-hoc and badly worded leading to more confusion than clarification.
Lack of understanding amongst the implementing agencies. As already highlighted, the enforcement of these laws is decentralised and at a local level where the resources implementing the same have limited understanding or knowledge about the product at times leading to harassment. Should this happen in a remote location, the problem is aggravated even more.
Agriculture is a space which is already dominated by big corporations working in the chemical fertilizer and pesticide space which tend to try and retain their market share by adopting (not so apparent) predatory practices. This has led to suppression of innovation in sustainable technologies. Agri-tech start-ups coming out with newer and sustainable ways to deal with older problems, may result in displacement of already existing products, which may or may not be as profitable for existing players. However, there are no regulatory frameworks or for that matter incubatory eco-system to address the same.
What advice would you give to young lawyers and law students who aspire to excel in legal practice, based on your own journey and experiences?
This question treats me like a wise old man, which let me assure you, I am definitely not. In terms of knowledge & experience, I may very well be comparable to any other young lawyer. So the best I can share is my learnings:
Patience: The most important aspect of anyone’s life is patience. Whether it be litigation or any other form of employment patience forms the bedrock for achieving anything in life. Be it professional or personal, having patience makes a lot of things easier. But having patience itself is not an easy task, it definitely requires a concerted effort and making up your mind on a daily basis, convincing yourself every few moments.
Basics: So far as the field of law goes, there are certain basic concepts which every law student and any young lawyer should know. Unless you have your basics clear, you will always be far from excellence. I was fortunate to have amazing seniors in college to lead us along a path which started with learning the basics of law. Every student should know the laws on jurisprudence, interpretation of statutes and constitution at the least. Further, there are a body of rules in the form of legal methodology which come in handy whether you know the law itself or not. I always advise students and young professionals to always read a book called “Learning the Law” by Glanville Williams.
Reading: The next in the checklist is a habit of reading. I guess all known and reputed lawyers of the past have recommended this and so shall I. It is a sine qua non to have a regular reading habit. Not just about law but all aspects of life in general. Law is something which regulates every aspect of life and therefore, it doesn’t harm knowing about its various aspects. Bottom line – READ.
Compounding: Warren Buffet describes compounding as building a little snowball and rolling it down a very long hill. As the snowball rolls down the hill, it collects more and more snow until it becomes a huge snowball. This is not just true about money but also about knowledge and experience. As we progress in our careers, we see the effects of this compounding, when we keep practicing our skills and arts. But why am I discussing compounding? Because I see a lot of young lawyers running after easier ways to earn money, focussing more on remuneration than vocation. But what we fail to understand is that Vocation is that very long hill which gives results over time.
I believe the basics of life remain the same wherever we are, whatever we do. There may be a difference in pace and the scenery while we roll down that very long hill.
With such a diverse range of practice areas and an extensive clientele, how do you effectively manage the constant demands of your professional workload while maintaining a healthy work-life balance?
To be honest, I feel that I have not been able to manage my professional workload as effectively as I would want to. However, I must still credit a great team of colleagues who are there to support me and at times even lead me wherever necessary. The best way to manage my work that I have realised is to continue working with my junior colleagues, who grow out of their roles in my chamber. I continue to collaborate with them as peers and at the same time help them achieve their own aspirations.
In terms of the work-life balance, I feel the legal fraternity as a whole is not maintaining enough balance. But I still try to keep things simple by following these mantras:
10,000 steps a day
6 Hours of sleep a day
2.5 litres of water a day
Half an hour of meditation a day; and
At least 2 hours of family-time a day.
Again, easier said than done. Still we can all strive for it, although we can never achieve it – perfection and our tryst with it. I attribute much of my ability to maintain a balance to my family who not only hold me accountable but also support me through thick and thin.
