What initially got you into law, and how did law school shape that path?
I actually started out studying History at Hansraj College and that played a bigger role in my legal journey than I realised at the time. History trains you to look at events from multiple perspectives, analyse cause and effect, and question accepted narratives, which is surprisingly similar to how lawyers think. When I got into law school, that background helped me connect the dots faster especially when it came to reading judgments or understanding how legal principles evolved.
But what really drew me in was litigation seeing how the law, theory and strategy all come together in a live forum. Law school gave me the foundation, sure, but it was the exposure — moots, internships, the energy of the courtroom that really cemented my interest in dispute resolution.
You started your career at Luthra & Luthra, what were those early years like?
Luthra was intense, but in the best possible way. From day one, you’re thrown into the deep end with big-ticket arbitrations and high-stakes matters. One of my earliest matters was a large infrastructure arbitration, and I still remember burning the midnight oil, poring over volumes of documents and prepping witness statements. It taught me that every detail matters, and that being thorough is non-negotiable. But more than that, it shaped how I think — not just about legal issues, but about strategy, how to read the room, how to anticipate what the other side might do.
Now as Partner Designate at C&S Partners, how have those experiences shaped your current approach?
I think the biggest shift has been in perspective. When you’re younger, you’re focused on mastering the law, getting the argument perfect. Now, it’s more about seeing the full picture — what the client really needs, what the commercial implications are, how to get to a solution without over-complicating it. The rigour from firms like Luthra definitely shaped my work ethic, but I’ve learned to balance that with flexibility and pragmatism. Clients want clarity — and a path forward. That’s what I try to bring to the table now.
You were involved in the Raffles Design International arbitration. What are your thoughts on how India handles foreign-seated arbitrations now?
That case was really interesting — it dealt with whether Indian courts can grant interim relief in support of foreign-seated arbitrations. The Delhi High Court’s ruling was quite progressive and set the tone for similar cases later. It’s encouraging to see Indian arbitration law evolving, especially in how courts are supporting the process rather than hindering it. That said, there’s still some inconsistency, and the system isn’t perfect — but the direction we’re heading in is the right one. Institutional arbitration still needs more buy-in, but we’re getting there.
You’ve advised fintech clients under FEMA and PMLA. What trends are you seeing there?
It’s definitely become a tighter regulatory environment, especially for payment gateways and e-commerce platforms. There’s a lot of focus now on cross-border flows, data trails, KYC processes — things that weren’t top of mind for startups a few years ago. What I often see is businesses scaling fast, but the compliance infrastructure doesn’t keep up. And that’s where trouble starts. A lot of our work now involves helping clients plug those gaps before they snowball into investigations.
You’ve handled international arbitrations under SIAC rules. How do Indian clients experience that compared to domestic forums?
There’s definitely a learning curve. International arbitration is much more structured and documentation-heavy. Indian clients sometimes find it overwhelming — the timelines, the formal tone, the costs. But they also appreciate the discipline and neutrality that come with it. What we do is act as a bridge — help them navigate the process, simplify the legalese, and make sure they’re not caught off guard. Documentation is a big challenge — we often have to reconstruct a paper trail that’s been loosely kept. So, we start early on that front.
What advice would you give to younger lawyers entering dispute resolution?
Be consistent and be curious. You don’t have to be brilliant right away — just be the person who shows up, delivers on time, and asks good questions. Watching court arguments taught me more than any textbook — how seniors frame things, how judges respond. Also, build your fundamentals — research, drafting, reading judgments — that’s your toolbox. And don’t chase glamour early on. Focus on being reliable — that’s what builds trust and gets you bigger opportunities.
Litigation can take over your life. How do you manage that balance now?
It’s something I’ve had to work on consciously. In the early years, especially at Luthra, there was a lot of pride in pulling all-nighters and being available 24/7. But over time, you realise it’s not sustainable. Now, I try to be more intentional with time plans, delegate when needed, and switch off when I can. Having a good team is a huge help. You stop feeling like you’re carrying it all alone. And when you do take time off, actually disconnecting helps you come back sharper.
With over 9 years of remarkable experience and as an esteemed Advocate-on-Record (AOR), what initially inspired you to pursue a career in law? What was the driving force behind your decision to choose this prestigious profession, and how has your journey evolved over time?
Well, as far as my inspiration to pursue law as a career is concerned the same may easily find its way back to my hometown, Allahabad now Prayagraj. The idea and motivation to have a career in law is mostly from the city and from my father who’s a practising Advocate in Allahabad High Court. Although, putting a caveat to the first thought coming to the mind of everyone that I might have chosen law because of my father, he actually never wanted me to be a lawyer owing to the extremely busy lifestyle of lawyers. The city of Prayagraj is famous for many reasons and one of the most popular reasons is the Allahabad High Court and it’s legendary Advocates. There are many names to mention in the list of legal luminaries who have inspired me to make a mark in this profession but I would like to make a special mention of the legend Shri Pandit Kanhaiya Lal Mishra. Shri Mishra was a celebrated lawyer of the country and was offered Hon’ble High Court Judgeship and also the prestigious Judgeship of the Hon’ble Supreme Court He also served as the Advocate General of the state of Uttar Pradesh for 17 years, irrespective of the fact as to whose government it was in the State. People like him inspired me to become a lawyer.
So far as my journey is considered, I must tell everyone’s journey in this profession might be different. Initial years for lawyers (especially the first generation lawyers) entering into litigation, money could be a serious problem but if you keep working on your skills with patience and perseverance and be true to your profession, then sooner or later you’ll manage to break even. Leaving everything that my father had built in the legal profession in Prayagraj and shifting to Delhi was frankly quite a tough decision for me and for my family as it also turned many heads around. I believe my brother trusted my conviction and supported me which boosted my confidence and my trust in my own self that I might also make a mark on my own. My personal journey is filled with a lot of ups and downs. Sometimes you give your everything to the case but you don’t get the favourable orders, many times you expect a negative order from the Court but you get relief. I think, the only aspect a lawyer should be worried about is the value he is adding in his work so as to assist the Courts in the best way. All we need is to work with patience and perseverance. And as of now, I have reached a level where my first priority is to deliver quality work and fortunately we have been delivering reliefs to our clients.
Also, I have been very fortunate in terms of the support that I have from my family, friends and my office staff.
Having had the privilege of working with renowned senior Advocates and esteemed law firms early in your career, that must have been a truly enriching experience. Could you share some key experiences from that time that significantly enhanced your legal acumen and set you on the path toward excellence?
I think that you can shape an excellent academician in a Law School but you can’t shape a good lawyer there. The future of a young lawyer depends a lot upon the offices and seniors with whom he’s associated. The initial years of practice establish the very foundation of your career.
Since I was not from any NLU, it was quite a task for us back in the days even to be considered eligible for internships. I had the opportunity to intern in the Delhi Office of JSA wherein I was exposed to the working culture of a Tier 1 Law Firm in the country and honestly, I was really impressed. I thoroughly enjoyed my time there but I also concluded that I don’t want to pursue a career there. In my personal opinion, the problem that most of the law students who come from humble backgrounds who ultimately want to become Advocates and establish their own practise is that they initially join a good law firm with an idea to leave in future but the lucrative amount of compensation which is given by the law firm never ever allows them to leave. I, being a young law student, always had one thing in mind that I will not compromise with my dream to become an advocate irrespective of the amount of compensation I might get to do something else. Initially when I came over to Delhi just after college, I interned with Sh. Ashok Kumar Sharma, Senior Advocate, Supreme Court of India and later on joined him as an Associate. Thereafter, I joined Sh. Romy Chacko, Senior Advocate, Supreme Court of India. The experience that I gained from the office of Mr. Chacko was immeasurable. Then for a short period I joined Lex Indis Law Office as an Associate. I am lucky enough to say that I still have great relationships with all the offices that I have worked with. All my mentors in the profession have helped at all steps of my life to shape me into a better lawyer and a better human being.
After gaining valuable experience with various legal entities, what motivated you to establish your own law firm? What vision did you have in mind when starting it, and were there any challenges you had to overcome during its initial phase?
It was always a dream of mine to establish my own Law Firm. When I was deciding to leave Allahabad and practise at New Delhi, I had 2 goals, one to establish my own Law Firm and the other to become an Advocate-on-Record. Fortunately, I have achieved both the professional goals that I had set for myself at that time. The primary vision to establish a law firm was to provide Clients a one roof solution to all their legal problems and to have a systematic structure of working. At our Firm also, we always try to cater all the needs of our clients.
There are a lot of problems that you face while starting your own law firm. One of the biggest tasks is to have a founding partner with whom you can see a long term professional understanding. I was fortunate to have Sh Aditya Singh as my Partner. The other problem is managing the expenses and work management. So far, I have not faced a lot of issues with respect to these and that could be because of the understanding that we Partners have. So, my advice is that if you wish to start your own Law Firm, choose your team wisely.
Your involvement in numerous cases related to minority educational institutions has been pivotal. Could you share one of the most fascinating and impactful cases you’ve handled, and how it shaped the legal landscape for such institutions?
I have handled many cases of minority educations institutions. Even currently I am representing St Stephen’s College, St Charles School, Ryan International School and a few other institutions in ongoing cases. One of the cases that I would like to share with everyone is a civil appeal with respect to appointment of Headmaster in a minority institution before the Supreme Court. In that case I truly understood the spirit of Article 30 of the Constitution of India. In that case it was held by the Hon’ble Apex Court that a Minority Institution has the right to appoint any qualified person as its head or principal ignoring merit. The awareness with respect to this position of law is not that much. Many of the institutions still struggle to claim the benefit of being a minority institution as they don’t know where to get that recognition from. The National Commission for Minority Educational Institution at New Delhi is the body where institutions can apply for a certificate to be declared as a minority educational institution be it linguistic or religious. Minority institutions enjoy autonomy in their management, particularly in decisions related to admissions, curriculum, teaching staff, and other operational matters. However, this autonomy is subject to some regulatory oversight in the interest of quality education and public welfare.
The Supreme Court has clarified that while minorities have the right to establish and administer institutions, they must not violate the rights of others, such as admitting students on discriminatory grounds or failing to meet educational standards. In T.M.A. Pai Foundation v. State of Karnataka (2002), the Court emphasized that while minority institutions have certain rights, they must still adhere to principles of merit, fairness, and the welfare of society.
Indian competition law is evolving rapidly, especially with the growth of tech companies and ride-sharing services. Having represented clients in such high-stakes cases, could you elaborate on the key legal challenges faced and how you navigated these complex matters? Your insights into this area would be invaluable.
Indian competition law, under the Competition Act, 2002, is evolving to address the growing complexities of market dynamics, especially with the rapid rise of tech companies and ride-sharing services. This sector has experienced a significant increase in mergers, acquisitions, and market disruptions, which often challenge traditional legal frameworks. There are various legal challenges being faced in this industry like the Anti-competitive practices like predatory pricing. While I was working with Lex Indis Law Offices, we were handling the Ola, Uber and Meru’s competition case before NCLAT on behalf of the CCI, one of the issues of predatory pricing only. In my opinion Companies can navigate this by ensuring that their pricing practices do not harm the long-term viability of competition in the market. They need to demonstrate that low prices reflect efficiency or are necessary for market entry, not just predatory strategies. The other major problem is market dominance and the abuse of market dominance. With the rising teach industry in the nation, the problem of merger control and acquisitions is also becoming apparent. Especially in the ride-sharing sector, acquisitions of smaller competitors or startups are common. While mergers and acquisitions are not inherently anti-competitive, they can raise concerns if they lead to a significant reduction in competition or create a dominant player with too much market control.
As an Advocate, your involvement in landmark cases is commendable. Can you provide an overview of the P Mohanraj v. Shah Brothers case you argued before the Hon’ble Supreme Court? What were the legal principles at play, and what made this case so significant in shaping legal precedents?
I was appearing in one of the connected matters in the P Mohanraj Case before the Hon’ble Supreme Court of India. The question before the Supreme Court was whether any proceedings can be initiated against a Company under Section 138/141 of the Negotiable Instruments Act, 1881 (“NI Act”) for dishonoured cheques, if NCLT has already passed an order of moratorium under the Insolvency and Bankruptcy Code, 2016 (“IBC”) against the Company. As per Section 14 of the IBC, if Corporate Insolvency Resolution Process (“CIRP”) is initiated against a Company, a moratorium is provided on all judicial proceedings against the Company. The Supreme Court Bench comprising Justice RF Nariman, Justice Navin Sinha and Justice KM Joseph vide its judgment dated March 1, 2021 followed the logic with respect to the object of the IBC Code, if such proceedings will cause a depletion of the assets of the corporate debtor during the CIRP process which will negatively affect the Corporate Debtor from getting back on its feet during the resolution process. The Apex court analyzed this issue from various angles and held that the proceedings under Section 138/141 of the NI Act cannot be initiated against a corporate debtor if the NCLT has already passed an order of moratorium under the IBC. The Supreme Court observed that a quasi-criminal proceeding like the one under the Section 138 of the NI Act will result in the assets of the Corporate Debtor being depleted as a result of having to pay compensation which may amount to twice the amount of the dishonoured cheque. Although, the Court did not extend the same benefit to the Directors of the Corporate Debtors. This case gave a new shape to the interplay between the NI Act and the IBC Code.
Your role as a guest lecturer at St. Thomas Law College and Asian Law College is truly admirable. How does teaching law complement your busy legal practice, and what personal fulfillment do you derive from educating the next generation of legal professionals? How do you manage to strike a balance between such a demanding career and your personal life?
I find teaching an extremely noble and satisfying job. If not a lawyer, I would have chosen to become a Teacher. I have been teaching for a very long time in different capacities. I still remember that during my college days, when I was in 3rd year, after my classes I used to teach 4th year B. Tech students at Engineering Colleges for their Campus Recruitment Training. It was an extremely satisfying experience for me during those days. Since then, in some way I have been keeping myself in touch with the academics. After joining the professions, I had the privilege of giving guest lectures at law colleges and conduct seminars for the law students. Teaching law alongside a busy legal practice can be incredibly rewarding both professionally and personally. For many legal practitioners, it offers a unique opportunity to share their experience and expertise with the next generation, while also enhancing their own understanding of the law. Teaching complements legal practice and forces you to stay sharp and up-to-date with legal concepts, theories, and developments. As a practitioner, you may not always have the time to revisit foundational topics or explore new areas in depth, but teaching requires you to stay current, reinforcing your understanding and perhaps even challenging your assumptions. This intellectual engagement can help improve your skills and contribute to your practice.It gives you the opportunity to shape future lawyers, imparting practical knowledge and ethical values that can influence their careers.
While I used to teach as a Guest Faculty, I have always focussed to teaching the students the practical aspects of law. I used to take classes on drafting and pleadings, cpc, crpc, evidence, company law, family law and property law. Even workshops in law schools really help and expose the students to the practical world of the profession. I had ventured to teach students at United University about drafting and pleadings at the Supreme Court while conducting a one day workshop.
Given your extensive experience providing legal consultancy to start-ups, what are some of the most common legal challenges faced by emerging businesses in India? How do you guide them through these challenges and ensure their long-term success in a complex regulatory landscape?
In my opinion the start-us and emerging businesses in India are facing a variety of legal challenges, particularly given the complex regulatory environment. The very inception comes with the legal hurdles like business registration and compliances, whether to register as sole proprietorship, partnership, limited liability partnership (LLP), private limited company based on their objectives, funding sources, and long-term goals. Navigating through the documentation and formalities required for the registration. The protection of the Intellectual Property Rights and its infringement. Most of the Start-ups that contact us, their primary concern starts with funding and investment issues like raising capital, whether through equity, debt, or hybrid instruments, often involves legal complexities, particularly in structuring the deal, preparing shareholder agreements, and complying with regulatory filings. If the business is seeking foreign investment, it must comply with India’s FDI regulations, which can be quite specific depending on the industry. As start-ups grow and attract investors, conflicts over ownership structure, control, and profit-sharing can arise, necessitating well-structured agreements upfront. I have been advising the Start-ups to have a structured due diligence at the very start, as it helps them have stability and attract more investments. In my opinion an emerging business in India can mitigate these challenges by seeking early legal advice, creating clear business structures, staying on top of regulatory changes, and drafting well-defined contracts and agreements. Consulting with experienced legal professionals who specialize in start-up law can help avoid common pitfalls and establish a solid foundation for growth.
Your unwavering commitment to the legal profession is truly inspiring. What has been the most rewarding aspect of your legal career, and what continues to drive your passion for law? Additionally what advice would you give to the younger generation who wish to have a successful career in law?
The most rewarding aspect of my legal career has been the ability to make a tangible difference in people’s lives. Whether it’s advocating for a client in need, helping to ensure justice is served, or navigating complex legal issues, knowing that my work can have a positive impact on others is truly fulfilling.
When I look back I can certainly relate to many of the law students who believe that the profession is a lot about money and power. But I have evolved to understand that this noble profession is like an art and the most rewarding thing is the recognition that you get from the Hon’ble Judges and the senior members of the Bar. I still remember while I was arguing a case before the bench of Hon’ble Justice B R Gavai and Hon’ble Justice P S Narsimha, at the end of the hearing the Bench praised my arguments but I was in such a disbelief that I confirmed from the Court if they praised me or asked a question, resultantly they affirmed their opinion. There has been no fee that has been more rewarding than that particular recognition to me.
For younger generations interested in a career in law, I would advise them to remain persistent and curious. Law is a challenging field, but it’s also incredibly rewarding. It’s crucial to develop strong critical thinking skills, cultivate emotional intelligence to understand the people behind the cases, and always prioritize ethics and integrity in every step of your career. Networking and seeking mentorship from experienced professionals in the field can also provide invaluable guidance and opportunities for growth. Finally, I would say to never stop learning—law is dynamic, and the best lawyers are those who are always evolving.
What initially inspired you to pursue a career in law? What aspects of law sparked your interest and shaped your understanding?
I chose law as a profession because I’ve always had a passion for writing and speaking. Law provides the perfect platform to combine these interests, allowing me to express ideas clearly through legal writing and to advocate effectively in speaking engagements. The ability to analyse complex issues, craft persuasive arguments, and communicate them both in writing and orally is what truly drew me to this field.
After completing your law degree, what experiences influenced your decision to specialize in intellectual property law? What were some of the key moments that helped establish your foundation in IP law?
I developed a strong interest in Intellectual Property Law during my college years, which led me to pursue a specialized diploma in IPR laws from Symbiosis Law School, followed by a course from the World Intellectual Property Organization. The complexity and significance of protecting innovations in an increasingly digital world fascinated me. To deepen my understanding, I also interned with boutique IP firms during my college years, gaining valuable insights into IPR laws.
When advising multinational corporations on IP protection strategies, how do you navigate the complexities of differing national IP laws and enforcement mechanisms? Can you share an example of a time when you successfully managed cross-border trademark infringement issues?
Intellectual Property (IP) laws in most countries are largely governed by international conventions and treaties, such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), Berne Convention, etc. which establishes a common framework for IP protection. As a result, the fundamental principles of IP law are generally consistent across jurisdictions. However, each country may have its own specific regulations, enforcement mechanisms, and nuances in how IP rights are granted, protected, and enforced. Thus, navigating the complexities of different national IP laws requires a tailored approach.
A key aspect of advising multinational corporations is understanding the unique regulatory environment in each region and developing a strategy that ensures protection while considering local enforcement challenges. One instance I recall involved a cross-border copyright infringement and trademark passing off issue where the infringer had obtained registration of a concerned trademark in India and the client’s mark was pending for registration. The Trademark laws are territorial in nature and there are multiple cases supporting this principle. In this case we had to establish the malafide adoption by the infringer before the Court and filed multiple rectifications against the fraudulent registrations obtained by the infringer in India. This collaborative approach helped to secure an injunction order in favour of our client.
With the rise of digital platforms, how has IP infringement evolved over recent years, and what proactive measures can brands take to protect their intellectual property online? Drawing from your experience on the Internet Committee at INTA, which policies do you think are essential in addressing online IP issues, particularly with respect to domain name disputes and cybersquatting?
The evolution of IP infringement in the digital space has been significant, with an increase in online piracy, unauthorized use of trademarks, and domain name disputes. Brands must adopt a proactive, multi-faceted approach to protect their IP online, including monitoring digital platforms, utilizing digital tools for brand protection, and engaging in vigilant enforcement actions. On the Internet Committee at INTA, we focus on creating policies that balance the needs of IP owners with the realities of the digital space. Policies to address cybersquatting, such as enhancing domain name dispute resolution mechanisms, are critical. Strengthening the cooperation between domain registrars, social media platforms, and IP owners is vital to combatting these challenges effectively.
As privacy and data protection laws become increasingly significant, how do you incorporate cyber law considerations into your intellectual property advisory, especially when drafting documents such as terms of service, privacy policies, and user agreements?
With privacy and data protection laws becoming increasingly stringent, especially with regulations like GDPR, it’s essential to integrate these considerations into IP advisory work. When drafting documents such as terms of service or privacy policies, I ensure they reflect both IP protection and compliance with data protection laws. This includes ensuring clear consent protocols for data usage, addressing how user data interacts with proprietary technology, and defining the ownership of data generated by users. The intersection of IP and cyber law is particularly important for tech companies or those with a heavy online presence, as they must navigate these dual concerns with care.
How do you approach the drafting and strategy behind a commercial suit for trademark infringement or passing off, as well as copyright infringement, considering the complexities of such cases? Can you share an example of a particularly complex matter that required you to appear before the Delhi District Courts or High Court?
Every case is unique, and before strategizing and drafting a commercial suit, I ensure a thorough investigation of the facts to build a strong case. This includes gathering evidence of use, assessing market presence, and evaluating the likelihood of confusion. Following this, I research the latest legal positions taken by various courts within the country, and in some instances, I also examine international legal perspectives. This ensures that my approach is both methodical and comprehensive.
One particularly complex matter I worked on involved a copyright infringement case against a well-known global online audio-video streaming platform. The case required a deep dive into copyright infringement on the web and the liability of intermediaries. The research expanded to cover the copyright laws of different countries signatory to the Berne Convention, as well as relevant court decisions from multiple jurisdictions.
For law students or aspiring lawyers interested in brand protection, what advice would you give them for building a successful career in IP law? Are there specific resources, strategies, or steps they should take while still in law school or right after graduation to get ahead, particularly in the evolving landscape of legal practice and emerging legal fields?
For law students or aspiring lawyers interested in IP law, I recommend pursuing a specialized course in IP, in addition to thoroughly studying the relevant subjects offered by your college. With rapid advancements in technology, particularly with the rise of AI, IP and Data Privacy laws are evolving quickly. Staying updated through IP-specific news, following IP practitioners, and engaging with industry developments will be highly beneficial. Internships with IP law firms or in-house legal teams, as well as participating in IP-focused Moot Courts and competitions, provide invaluable hands-on experience. Building a solid foundation in both legal theory and practical application is essential as the IP landscape continues to evolve.
Given the high demands of your profession, how do you manage to maintain a balance between your personal and professional life? What practices do you follow to prioritize your health and well-being while maintaining a successful career in law?
Achieving the perfect work-life balance is often seen as a utopian ideal that many of us strive for. While there are times when one must prioritize work or personal life, balancing the demands of a legal career with personal life is undeniably challenging. This field is demanding and keeps you constantly on your toes, so it’s essential to make time for regular exercise and prioritize health and well-being.
Over the years, I’ve learned that delegation is a key part of professional growth, and I make sure to delegate tasks when possible to manage my workload effectively. Having a strong support system—both professionally and personally—also plays a significant role in maintaining this balance.
In addition to my passion for work, I make time for sports and dance to recharge myself. I’m a Kathak trainee and completed my third-year graduation in the art last year. In 2023, I was the runner-up in both the Singles and Mixed Doubles categories at the Delhi High Court Table Tennis Tournaments. I also practice mindfulness and make it a point to disconnect from work and travel when needed to maintain mental well-being.
Having been with R. K. Dewan & Co. for nearly a decade, how has your role evolved over the years, and what factors have contributed to your continued growth within the firm? What do you believe has been key to maintaining your passion and motivation while managing such a dynamic and demanding career in intellectual property law?
Under the mentorship of legal stalwarts Dr. Mohan Dewan, Dr. Niti Dewan, and Mr. N. K. Bhardwaj, my nearly decade-long journey with R. K. Dewan & Co. has shaped me both professionally and personally. Starting as a first-generation lawyer, I have grown to independently advise clients and manage junior lawyers, a progression made possible by the trust the firm has placed in me, which has led to an expansion of my roles and responsibilities over the years. What continues to drive my passion and motivation is the dynamic nature of IP law and the constant challenge of navigating new and complex legal issues.
Maintaining passion and motivation in such a demanding career comes down to balancing professional challenges with personal interests. I find excitement in solving complex problems for clients, and I stay driven by the impact that intellectual property has on innovation and creativity. Additionally, the opportunity to work on diverse and high-profile cases, along with the trust and responsibility the firm has given me, continues to inspire me. The combination of professional growth, personal development, and a supportive work environment has been key to maintaining my enthusiasm for IP law.
With your extensive experience across various legal areas, what initially inspired you to pursue a career in law, and what continues to fuel your passion for it? How did you first enter the legal profession, and what led you to specialize in civil litigation, cooperative law, and property-related matters?
Initially, I didn’t come from a legal background. After completing my 11th and 12th grades in the commerce stream, I was inclined toward pursuing a career in commerce, banking, and even considering company secretaryship. At that point, law was never really on my radar. However, as I explored both streams, I realized that my true calling was in the legal profession.
This passion continues to fuel my work today. The opportunity to advocate for clients, to navigate complex legal issues, and to contribute to the fair and equitable resolution of disputes is incredibly rewarding. Every case presents unique challenges and opportunities to learn and grow, constantly pushing me to refine my skills and deepen my understanding of the law.
As I began to practice law, I found myself particularly drawn to civil litigation, cooperative law, and property-related matters. Civil litigation appealed to me because of the intellectual challenge and the direct impact it has on resolving disputes. Cooperative law and property law was another area I gravitated toward because Cooperative law and property law encompasses a wide range of legal issues, from internal governance and member disputes to regulatory compliance and commercial transactions. Advocating for my clients, and helping them achieve the best possible outcomes keeps me motivated every day. Ultimately, it’s the law as a tool to make a real difference in people’s lives that continues to inspire me and drive my career forward.
What were some pivotal experiences early in your career that deepened your understanding of the law, particularly in real estate matters, and how did they shape your professional trajectory?
“Early in my career, I had the privilege of working closely with senior advocates at Bhansali Landmarks. This experience proved pivotal in shaping my understanding of real estate law. I was involved in a diverse range of matters, including land acquisition, property disputes, and construction contracts. I also assisted in drafting and reviewing complex real estate agreements, such as sale deeds, leases, and joint venture agreements.
One particularly challenging case involved a complex land dispute that required extensive research and creative legal solutions. Successfully navigating this challenge instilled in me a strong sense of resilience and a deep appreciation for the importance of client advocacy.
These experiences instilled in me a meticulous approach to detail and a deep understanding of the importance of thorough due diligence in all real estate transactions. This foundational knowledge continues to guide my practice today, enabling me to effectively advise clients on a wide range of property-related matters and navigate the complexities of the real estate market with confidence.”
By incorporating these suggestions, you can create a more compelling and impactful narrative that effectively communicates the value of your early experiences in real estate law.
How has your current role evolved, especially in the context of property law? Could you elaborate on your responsibilities and experience with drafting agreements, sale deeds, and handling RERA-related matters?
My role has evolved significantly over time, especially in the context of property law. Initially, I started by focusing on general civil litigation, but as I gained more experience, I became increasingly involved in property-related matters. Over the years, I’ve developed a specialized focus on real estate law, including drafting agreements, handling sale deeds, search titled report and dealing with regulatory issues, especially under the Real Estate (Regulation and Development) Act, or RERA.
Whether it’s ensuring that the terms of a sale deed are clear, protecting my client’s rights in lease agreements, or structuring development agreements in a way that avoids potential disputes, attention to detail is paramount. My meticulous attention to detail has resulted in the successful negotiation and drafting of numerous complex real estate agreements, minimizing potential risks and ensuring favorable outcomes for my clients. I strive to provide clear and concise legal advice to my clients, explaining the implications of different legal options and guiding them through the complexities of real estate transactions.
In terms of RERA-related matters, my experience has expanded significantly over time as the Act has become a central piece of real estate regulation. I advise developers and homebuyers on compliance with RERA, whether it’s ensuring that developers are meeting the timelines and quality standards promised to buyers, or ensuring that homebuyers are aware of their rights under the Act. I have represented clients in disputes involving non-compliance with RERA provisions, such as delays in possession or failure to provide agreed-upon amenities.
I find that my expertise in this field has allowed me to make a significant impact, helping clients navigate the complexities of real estate deals and ensuring that their interests are protected.
Can you share your experience dealing with disputes involving cooperative societies? What are the major legal issues cooperative societies are facing today and how do you handle conflicts between builders, or management?
I have handled a wide range of legal issues involving cooperative societies. One of the primary challenges these societies face today is property disputes, especially those related to ownership and the transfer of titles, particularly the Conveyance Deed. Disputes also arise when there is confusion among society members regarding membership rights, which can lead to complex and prolonged legal battles. Another significant issue is the non-payment of maintenance charges, which often leads to financial instability within the society, triggering legal action for recovery.
When addressing conflicts, especially between builders or management, my approach is to start by thoroughly reviewing all relevant agreements, including builder-buyer contracts, society by-laws, and other related documents. This helps establish a clear understanding of the rights and obligations of each party. However, when these methods fail or prove unsuitable for resolving the issue, I proceed with issuing legal notices or filing a case in court, depending on the severity of the dispute.
My primary focus is ensuring that both the cooperative society and builders comply with applicable laws. Ultimately, my goal is to facilitate a fair resolution that upholds the rights of society members and ensures that all actions taken are in compliance with the governing laws.
When drafting RERA Agreements, what common issues do you encounter from both builders and property buyers? How do you navigate these challenges to ensure the agreements are comprehensive and balanced?
For builders, a common issue is setting realistic project timelines. Builders may face unforeseen delays, but buyers are concerned about delayed possession. It’s essential to clearly define timelines, including grace periods for delays, and establish penalties for non-completion within the agreed time. On the other hand, buyers often face confusion regarding the carpet area vs. super built-up area. Builders may calculate area differently, which can lead to overcharging concerns. To avoid this, I ensure the agreement precisely defines terms like “carpet area” and “super built-up area,” providing clarity on what buyers are paying for.
Another significant issue is the payment schedule and interest clauses. Builders typically want to ensure timely payments, but buyers seek a payment structure tied to project milestones, ensuring that they don’t overpay before the work is completed. Balancing these interests is key, and I work to establish a fair schedule that protects both parties.
Warranty and defect liability periods are also contentious. Buyers often expect a reasonable warranty on construction defects, while builders may try to limit their liability. I ensure that warranty clauses comply with RERA’s provisions, which mandate clear terms for defect liability periods, providing sufficient protection for the buyer.
Lastly, disputes over possession and handover timelines are common. Builders may seek flexibility, while buyers want guarantees of timely possession. In these cases, I ensure that the agreement complies with RERA’s possession timeline rules and includes clear consequences for delay.
To navigate these challenges, I ensure that the agreement is drafted with clarity and precision, making sure all terms are well-defined and in compliance with RERA regulations. I also incorporate fair dispute resolution mechanisms, often using mediation or arbitration, to address potential issues efficiently. Ultimately, my goal is to create an agreement that protects both the interests of the builder and the buyer, ensuring a balanced and legally sound contract.
During your time at AM Legal, you were involved in IPR and commercial litigations. How did these experiences expand your legal expertise, and in what ways do they complement your current focus on property and civil law?
During my time at AM Legal, I had the opportunity to work extensively on Intellectual Property Rights (IPR) and commercial litigation, which greatly expanded my legal expertise. In the commercial litigation domain, I handled a variety of cases related to contracts, breach of agreements, and arbitration. These experiences deepened my understanding of corporate governance, risk management, and dispute resolution strategies. Working with clients on these matters enhanced my ability to analyze contracts, negotiate settlements, and adopt a strategic approach to litigation, which directly complements my current focus on property and civil law.
These skills align seamlessly with my work in property law. Both areas require precise contract interpretation, attention to detail, and the ability to navigate complex disputes.
Moreover, my experience in IPR has given me a broader perspective on the value of protecting assets, which is crucial in property law as well—whether it’s protecting land titles, construction permits, or real estate branding. Overall, these diverse experiences at AM Legal have enriched my legal practice, allowing me to offer a more holistic and well rounded approach to my current work in property and civil law.
Of all the cases you’ve handled, which one stands out as particularly interesting? How did you approach preparing for that case, and what made it unique?
One case that stands out as particularly interesting involved a property dispute between a developer and a housing society. The developer initiated construction without obtaining the mandatory consent from the society, violating Section 7 of the Maharashtra
Ownership Flats Act (MOFA). This legal oversight led to a court order granting an injunction against the developer, effectively staying the construction. The case highlighted the importance of adhering to statutory provisions and safeguarding the rights of housing societies in redevelopment matters.
To prepare for the case, I thoroughly reviewed the contracts, sale deeds, and RERA compliance documents, carefully scrutinizing every clause for potential misrepresentations. I also gathered evidence from property registries and consulted with land experts to verify title authenticity. Given the complexity of the case, I examined the developer’s obligations under RERA, focusing on consumer protection laws and builder-buyer agreements.
What made this case unique was the interplay between property law, consumer protection, and real estate regulations. The case required me to navigate a combination of contractual interpretation, regulatory compliance, and consumer rights while also addressing the emotional concerns of buyers who had invested their savings in the property. My approach not only focused on legal arguments but also considered alternative dispute resolution methods to settle the matter more efficiently. Ultimately, the case was resolved in favor of the buyers, with the developer agreeing to compensation and fulfilling the missing contractual obligations. This case stands out because it was a rare instance where multiple legal frameworks—from property law to consumer protection under RERA—intersected, requiring a nuanced and multi dimensional approach to resolve the matter.
Given your experience, how do you see the real estate industry evolving, particularly in light of the ever-changing rules and regulations that govern it?
The real estate industry is undergoing a significant transformation, driven by evolving regulations and technological advancements. We’re seeing a clear trend towards greater transparency and accountability, fueled by regulations like RERA, which empower buyers and demand ethical practices from developers. This push for transparency is further amplified by the digitalization of land records and transaction processes, reducing ambiguity and potential for fraud. Sustainability is no longer a buzzword but a necessity, with stricter green building codes and environmental clearances becoming the norm. The rise of proptech is revolutionizing how we search, buy, and manage properties, while construction technology is introducing innovative building methods.Simultaneously, the industry is grappling with the need to provide affordable housing, prompting government initiatives and innovative financing models. Looking ahead, we can expect a stronger consumer-centric approach, with regulations further empowering homebuyers and promoting fair practices. However, challenges remain, including the need for the industry to adapt quickly to these changes, balancing regulation with growth, and ensuring effective enforcement. Ultimately, the real estate sector’s future hinges on navigating this evolving landscape effectively, embracing technology, and prioritizing sustainable and inclusive development to build trust and foster long-term growth.
What advice would you offer to young lawyers aiming to build a career in property law and civil litigation? Specifically, what skills should they focus on, how can they effectively network, and what steps should they take for career advancement?
For young lawyers aiming to build a career in property law and civil litigation, my advice is to focus on honing key skills such as legal research, contract drafting, and negotiation. A solid understanding of property laws, regulatory frameworks like RERA and MOFA, and the intricacies of civil litigation will be fundamental to success. Building strong client relationships is also crucial, as property law often involves direct interaction with clients, whether they’re buyers, developers, or housing societies. Effective networking is essential—attending industry events, joining professional associations, and connecting with experienced mentors will open doors to opportunities and valuable insights. Gaining practical experience early on, whether through internships, associate positions, or working on diverse cases, will help you understand the complexities of the field. To advance your career, focus on specializing in a niche area of property law or civil litigation, continue learning through seminars or certifications, and embrace technology to stay ahead in an increasingly digital legal landscape. Finally, maintaining a reputation for integrity and competence is key, as trust and reliability are paramount in both property law and litigation.
With over a decade of experience in the legal field, what initially inspired you to pursue a career in law? How did your time at National University of Juridical Sciences, Kolkata, influence your understanding of the law and shape your career path?
In school I used to love reading Perry Mason and John Grisham. Perry Mason navigating through difficult witnesses with elan and convincing the jury of the innocence of his client caught the fancy of a dreamy eyed teenager, and thus, with no family background in the subject I went to write the NUJS entrance exam. In college I actively participated in tons of moot court competitions and the adrenaline rush I got every time I was bombarded with questions from moot court judges (who are never kind!), made me realise that litigation was my calling. Every single internship of mine was a litigation internship and quite a few with Mr. Satish L. Maneshinde, Sr. Adv. in Bombay who in my eyes, was and still is, the real life Perry Mason.
My time at NUJS widened my horizons and gave me an insight into perspectives about litigation in other parts of the country, and then also globally. Ranking as one of the top institutions for law, NUJS saw a lot of talent from across the country. Being exposed to such versatile talent taught me to become open-minded not just about the profession, but also about life in general. And then of course the exposure I received from participating in several moot court competitions and internships, ultimately helped me realise my calling and shaped my career path.
After completing your law degree, you chose to pursue an LL.M. in Commercial and International Dispute Settlement at Queen Mary University in London. What drew you to this specific area of specialization, and how did your experience there differ from studying in India? Can you share some memorable experiences from that time?
From my second year in college, I started participating in leading moot court competitions in international commercial arbitration. So my exposure to the subject started as early as second year of college, and now about 60% of my practise is commercial arbitration. Arbitration is a relatively new subject, at least in India which has grown at a jet speed in the last decade. In India we learnt the foundation of the subject, its origin in India, etc, but I chose the course at Queen Mary, University of London since it offered a very practise-centric course. We were taught by leading practitioners in the field and about 80% of our evaluation was hands-on training by the doyens in the field globally. While participating in the Vis East Moot we had read articles authored by Prof. Julian Lew and Constantine Partasides who were demi gods in the field for me. So imagine being taught by them at Queen Mary where they would teach a topic through real life experiences and anecdotes. My time at Queen Mary gave me the assurance I needed to remain in practise.
What motivated you to start your own practice, and what were the key challenges you encountered in those early stages? How did those formative experiences help shape the direction of your career? Additionally, how has your role as an AOR influenced your professional journey?
Being a first generation lawyer, litigation was of course no cake walk, and that too in Delhi where I started in 2012, in a city that was absolutely new to me. I was fortunate to be mentored by Mr. Rajshekhar Rao, Sr. Adv. during my initial days in Delhi. After my time in his chamber, Debesh, my husband, pushed to start my own practise. With his support and encouragement, I decided to take the plunge, and since then I have not looked back. Setting up a practise in Delhi has been an uphill task, but I am blessed with very good seniors and mentors who have always looked out for me. I have also had very supportive clients who have been the best reference for me, and slowly yet steadily I managed to establish a very very tiny foothold in this city.
Becoming an AoR in 2022 was a good decision. I feel the AoR badge opens up more avenues, especially as a first-generation lawyer. You become acceptable and eligible for certain empanelments as an AoR and in Supreme Court, as young counsel, if you are arguing your own brief, judges definitely acknowledge that.
When preparing for complex cases before the Supreme Court of India, what is your approach? What has been one of the most interesting cases you’ve handled, and how did you approach it especially if you could share insights that might benefit young readers?
Usually by the time a matter reaches the Supreme Court, it has been through several rounds of litigation and all possible issues would have been thrashed multiple times in the Courts below. In such a scenario, identifying that one point which will convince the Supreme Court to interfere in the matter, is the real challenge.
In 2017 – 18 I was doing a Civil Appeal before the Hon’ble Supreme Court of India which was arising from the Satyam Scam issue and it involved interpretation of SEBI’s Insider Trading Regulations. This matter involved analysing the securities law aspect as well as connect criminal law aspects arising from the alleged transactions. This was probably one of the most challenging, yet rewarding matters in my career so far, not just because of the complexities involved in the matter, but also because final arguments before the Supreme Court took place in this matter happened in about 2 weeks after I had delivered my son. Because of the complexities involved, we were not in a position to take adjournments in the matter and having prepared the matter with so much labour with leading senior advocates over the last few months, I was reluctant to give up on this matter.
Ten days after closing final arguments in the matter, the judgment by the Supreme Court has probably been a victory in my career that I cherish the most purely because I know the kind of odds I faced not just dealing with the complex legal issues within a very short timeframe, but also dealing with my personal situation. This matter taught me that hard work is always rewarded irrespective of the odds, and if you have been dedicated with your work, the universe conspires in miraculous ways to fulfil your dreams.
You’ve handled numerous outstation cases across various High Courts and Tribunals throughout the country. What motivates you to take on cases beyond your local jurisdiction, and how would you describe your experience working in different courts?
As a first generation lawyer, I always joke about the fact that I am ready to argue a matter even before a lamp-post! I was just delighted to get the opportunity to argue, the location of the Court mattered little to me. Being an outsider to Delhi, I started getting some briefs before the Calcutta High Court, Bombay High Court, etc in the initial days of my career. Gradually my practise developed in such a way that I have appeared before most high courts of the country, I have also appeared in several district courts and Tribunals outside Delhi. I feel out-station appearances gives you an insight into peculiar cultures of different courts and enriches you as a lawyer. Also, arguing matters before different high courts as a young counsel has given me recognition with judges who have later been transferred to other High Courts or the Supreme Court, and with counsels of those Courts who have thereafter referred matters to me in Delhi.
Given your trial experience before the Competition Commission of India, how do you see the role of the Competition Act in regulating business practices in India, and what challenges do various entities face in ensuring compliance with its provisions?
The Competition Commission of India has been playing a very active role in monitoring business enterprises in India irrespective of their size and spread of operations. In fact in 2023 the Hon’ble Supreme Court held that all Public Sector Undertakings also come within the purview of the Competition Act, 2002. In recent times CCI has passed ample orders and judgments in different cases in relation to the alleged anti-competitive conduct by Google. Upon coming to a finding of anti-competitive conduct, CCI is imposing large penalties on business giants like Meta. All of this I think goes on to infuse a sense of predictability and certainty in the market. With the regulator playing such a pro-active role it goes a long way in gaining the confidence of the business community and provides a secure and encouraging environment for smaller new and emerging business entities.
As an arbitrator appointed by the Delhi High Court, what has been one of the most challenging arbitration cases you’ve handled? In your opinion, how do you foresee the future of Alternative Dispute Resolution (ADR) evolving, particularly with the increasing integration of technology into the legal field?
I have been most fortunate to have been appointed as an Arbitrator by some judges of the Hon’ble High Court of Delhi. Sometimes as counsel, we do not realise the challenging task that judges shoulder day in and day out, coming prepared for so many matters and then listen to both counsels contend their sides and then arrive at a conclusion which is sound in reasoning and backed up by authorities so as to minimise the prospect of a challenge. The role as an Arbitrator is a mini trailer of what the judges do everyday and it makes you realise how difficult and daunting it can be to sit in that chair.
As a counsel in the latest 7 judge bench matter of the Supreme Court in the field of arbitration, I was witness to the Hon’ble Supreme Court overturning its decision of the 5 judge bench in less than a year in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, and playing a pro-active role in upholding India on the global stage as the new hub for commercial arbitration. What was most stunning is that for the hearing which continued over a week, with voluminous submissions made by the stalwarts in the field, there was not a single paper in the courtroom. The room did not seem inundated with reams of paper which is what used to be the normal in every courtroom until even a few years back. All judges and counsels were relying on their respective devices and the matter continued seamlessly over a week. I think a silver lining at the end of Covid 19 has been the openness to technology which has surely made the legal fraternity more environment friendly.
Representing doctors in matters related to the constitutional validity of the West Bengal Clinical Establishments Act must have been a demanding experience. Could you elaborate on your approach to the case and the challenges you encountered while navigating the constitutional aspects of the matter?
Considering that public health and medical profession as a field are adequately regulated by parliamentary legislations being an Entry under List 1 of the Constitution, this Act had been challenged on various grounds as being repugnant to parliamentary legislations and being violative of the Constitution. Being a daughter of a practising doctor, this matter was more of a personal matter for me. When a writ petition had been filed before the Hon’ble Supreme Court by the group of doctors, the Supreme Court sent the matter back to the High Court for the High Court to take a preliminary look at the constitutionality of the Act. Before Calcutta High Court the constitutional aspects were very well appreciated, the enactment much watered down and in fact, as on date in fact the Hon’ble High Court has passed several orders where the powers of the Regulatory Commission under the Act has been significantly watered down and several Orders and Advisories passed by that Commission are repeatedly quashed by the Hon’ble High Court on inter alia on grounds of being unconstitutional.
With your diverse roles as an AOR, Arbitrator, and counsel in high-stakes constitutional cases, what do you believe is the most important quality law students should develop to succeed in the legal profession? Additionally, can you recommend resources that would help them stay updated on the latest legal developments?
I think the most important asset in litigation is patience. I have seen many talented legal minds quit the profession due to lack of patience. This profession is a slow burner, so you will always have a slow start. But if you have the patience and the family support to struggle through the initial few years, this profession is also very rewarding. I don’t think you can ever feel that you have reached your peak in the profession. Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession. I keep joking that the Supreme Court is probably one place where you will find the fittest grey hair running around like teenagers all day. In my early years in the profession, I had the opportunity to assist Mr. Fali Nariman, Sr. Adv. in a few matters. The twinkle in his eyes every time we would find an argument to counter the other side was no different from a 5 year old who has just figured out all the pieces in his jigsaw puzzle.
One thing I always keep learning from the younger lawyers is the ease with which they embrace technology. I have benefitted hugely by gracing technology into my daily work life, but I can also say that it would have been impossible without the tutoring from my very able younger colleagues in the office. These days all resources are available online and now with AI coming in, soon legal research will probably become even easier than what it is now. But a word of caution for younger lawyers, to always verify content generated by AI. At least till now AI has not been able to replace the human excellence and inter-personal nature which I think is the bedrock of our profession.
Given the intense nature of your professional commitments, how do you manage to maintain a balance between your professional responsibilities and personal life?
I don’t think it is possible to balance the two. I feel we are always juggling between professional responsibilities and personal life and struggling to ensure that the ball does not drop. At all points of time, you need to prioritise one over the other and make a decision which you can justify, at least to your conscience. As a mother to a 6 year old, I realise the importance of being present for my son. But what I am most grateful for is that he realises that his mother is a happier person, hence a happier mother (who he finds easier to mould!) if she has had a good day at work. Our profession allows us to take vacations at fairly regular intervals and luckily most of our vacations coincide with school holidays giving us ample opportunity to enjoy quality time with family. That is how we manage to keep the circus going!
What initially motivated you to pursue a career in law? Specifically, what led you to explore multiple areas such as service, civil, consumer, and criminal law?
Initially, becoming a lawyer was not my first choice. I had always aspired to be an Army officer, and even as I was filling out my forms for law school, I was actively preparing for the CDS exam. However, I was selected for a law college before I could pursue that path. Coming from a family with a background in civil servants, I have always been inclined towards securing a position in a government organization. My decision to pursue law was a significant and transformative one, both for me and my family. During my preparation for law school entrance, as I delved into the Indian Constitution, I found myself deeply connected to the evolution of the country post-1947. It sparked a strong sense of purpose in me, and I realized how impactful law can be in shaping the future of our nation.
Coming from Chandigarh, a tier-2 city, I have come to realize that while the opportunities in corporate law and other specialized fields may be more limited here, it offers a unique and valuable chance to engage deeply with various areas of law, such as service, civil, and consumer law. This environment allows for a more profound understanding of the legal system. In my perspective, anyone looking to start their practice in law should begin by working with district courts and revenue authorities, as they represent the very foundation of our judicial system. Engaging with these entities not only offers a closer connection to the pulse of our legal framework but also provides essential experience in understanding how justice is administered at the grassroots level, which ultimately shapes the broader legal landscape.
Reflecting on the early stages of your career, could you share some pivotal lessons or experiences that had a significant impact on your legal understanding and contributed to your professional development?
As I mentioned earlier, I began my practice at the district courts, where my legal journey immersed me in the dynamic world of courtroom proceedings. One of the most crucial aspects that shaped my legal understanding was the art of cross-examination. This stage of the trial process has always fascinated me, as it offers profound insights into human psychology, behavior under pressure, and the intricacies of how individuals navigate high-stakes situations. Conducting cross-examinations on my own provided me with invaluable lessons, not only honing my legal skills but also deepening my understanding of the human condition.
What concerns me, however, is that the art of cross-examination seems to be gradually fading. I believe this shift is partly due to the growing trend among young advocates to pursue careers in corporate law or other specialized forums, which often overlook the significance of this crucial skill. In my view, cross-examination is not merely a legal tactic but a philosophical exercise in understanding the complexities of truth, human behavior, and the pursuit of justice.
As a panel advocate for several Government organizations, how do you approach case strategy, particularly in complex matters like land acquisition and service-related disputes?
In complex matters such as land acquisition and service-related disputes, it is crucial to have a deep understanding not only of the law itself but also of its origins, scope, and underlying objectives. When you truly grasp the scope and purpose of a legal issue, it becomes easier to make informed decisions and strategically approach the matter at hand. Without this foundational understanding — without knowing why a particular law or rule was established and what its purpose is — it becomes much harder to navigate the complexities of the case. In my view, the answers to such intricate legal matters often lie in the origins of the law itself, as understanding its roots provides the clarity needed to address the issue effectively.
From your experience, what are some of the most challenging constitutional or statutory issues you’ve faced in your legal practice? How do you address such challenges in litigation?
One of the most challenging constitutional or statutory issues I’ve encountered arises when the remedy does not lie with ordinary courts, and we are compelled to approach the High Court or the Supreme Court directly through writ jurisdiction. In such cases, the High Court often has a broader scope when it comes to constitutional remedies compared to the Supreme Court. The difficulty in these situations lies in the fact that essential elements of the trial process, such as cross-examinations and intent, are often bypassed when we directly approach these higher courts.
Addressing these challenges requires a nuanced approach to drafting. I personally prefer to draft my writ petitions in an argumentative style. While many lawyers may not adopt this approach, I believe that when the only available remedy is through the High Court, one must put in their utmost effort. The court often relies heavily on the written submissions, and so the quality of the written material becomes paramount. While oral arguments are certainly important, it is the written presentation that shapes the outcome of the case.
In my view, it’s not enough to merely present questions to the court; it’s essential to provide potential solutions and alternative options for addressing the issue at hand. This, to me, represents one of the biggest challenges we face in legal practice – preparing a case that doesn’t just question the law but offers thoughtful, well-grounded answers to the court, thereby advancing the resolution of the matter.
How do you interpret Section 85G of the ESIC Act, and what are the key legal challenges you encounter when handling disputes under this provision?
Section 85G of the Employees’ State Insurance Corporation (ESIC) Act holds significant importance in addressing the enforcement of provisions under the Act, particularly when it comes to ensuring compliance with the obligations outlined for employers and employees in relation to the ESIC. This provision empowers the Corporation to impose penalties for non-compliance, making it a critical tool for ensuring that the objectives of the Act are met—namely, the provision of social security and health benefits to employees in the event of sickness, maternity, disability, and death.
The key legal challenge I often encounter when handling disputes under Section 85G is interpreting the balance between punitive measures and the broader purpose of the ESIC Act, which is rooted in providing social protection to the workforce. The difficulty lies in assessing whether the penalty provisions, as enforced under this section, are being applied proportionately, keeping in mind the primary objective of promoting welfare and not merely punishing non-compliance. Often, issues arise surrounding the applicability of penalties, the scope of employer responsibilities, and the extent to which employees’ rights are being upheld.
In interpreting Section 85G, it’s essential to understand the foundational purpose of the ESIC Act: to ensure that employees have access to medical care and financial security, particularly in times of distress. If we focus solely on punitive measures without aligning them with the object of welfare, we risk undermining the core philosophy of the Act, which is to act as a safeguard for the labor force.
The challenge, therefore, is not only to navigate the technicalities of the law but also to approach it with a broader understanding of its ethical and social purpose. In disputes under Section 85G, I believe that the resolution should always aim to ensure that the spirit of the Act—social welfare and protection for employees—remains intact, even as we address compliance and enforcement issues. In this way, the legal process becomes a means not just of legal correction, but of fostering a more just and supportive system for workers.
In your capacity as empanelled counsel for Government Organisations, overseeing more than 100 land acquisition cases in Mohali, could you discuss a particularly complex case and the approach you took to ensure a fair resolution of the legal challenges involved?
As an empanelled counsel for various Government Organizations, I have had the privilege of overseeing a wide range of land acquisition cases, including over 100 cases in Mohali. Land acquisition cases, by nature, are often intricate due to the interplay between legal rights, public interest, and the social impact on the affected individuals.
One particularly complex case that stands out involved a dispute over the compensation and rehabilitation provisions for landowners whose land was acquired for a public infrastructure project. The case was challenging not only due to the legal technicalities involved but also because of the deep emotional and economic impact on the affected parties. In such cases, the legal process isn’t just about determining compensation—it’s about balancing public interest with the rights and welfare of individuals.
My approach in this case was twofold: firstly, to ensure a thorough and comprehensive understanding of the legal framework governing land acquisition, including the constitutional principles of fairness and just compensation. This required an in-depth review of the relevant statutes and precedents, as well as the specific nuances of the land acquisition process in Mohali.
Secondly, I sought to address the human element of the case by engaging with the affected parties in a constructive manner. I believe that the resolution of such disputes must go beyond the rigid application of law; it must take into account the broader social impact. To this end, I emphasized the importance of fair compensation, not just in terms of monetary value but also in ensuring proper rehabilitation and resettlement for those affected.
Throughout the legal proceedings, my primary focus was on ensuring that the rights of the landowners were protected while also upholding the public interest. By presenting well-reasoned arguments, addressing both legal and human considerations, and seeking a fair resolution for all stakeholders involved, I was able to guide the case towards a resolution that was just, equitable, and aligned with the broader goals of the land acquisition process.
Philosophically, I view land acquisition not merely as a legal transaction but as a fundamental issue of justice—how we balance the need for public infrastructure and development with the rights of individuals who are directly affected. In this sense, my approach has always been to ensure that the law serves its true purpose: not just to resolve disputes, but to advance fairness and social welfare in a way that respects the dignity and rights of every individual.
What are the primary challenges the Legal Services Authority (LSA) faces in managing the high volume of cases it handles?
The Legal Services Authority (LSA) faces significant challenges in managing the high volume of cases, primarily due to limited resources and a backlog that can delay timely resolution. Another challenge is ensuring equitable access to legal aid, as many individuals remain unaware of their eligibility. Additionally, the allocation of cases to qualified advocates and maintaining the quality of representation amid the large case load can be difficult.
Philosophically, the core challenge lies in balancing the ideals of justice and equity with the practical constraints of the system. The LSA must continue evolving, utilizing technology and increasing awareness to ensure that the principle of equal access to justice is upheld, even when faced with resource limitations.
Given your demanding professional commitments, how do you maintain a healthy work-life balance and ensure your personal well-being while managing your extensive responsibilities?
Maintaining a healthy work-life balance, especially with the demanding nature of my professional commitments, is undoubtedly a challenge. However, I believe that a balanced life is not just essential for personal well-being but also for professional effectiveness. I approach this balance by prioritizing time management and setting clear boundaries between work and personal life.
I make it a point to allocate specific time for relaxation and activities that nourish both my body and mind, such as exercise, reading, and spending quality time with loved ones. These moments of rest allow me to recharge and maintain the focus and energy needed for my legal work.
Philosophically, I believe that a well-balanced life is essential to maintaining clarity in decision-making and ensuring that I approach each case with the full depth of attention and care it requires. If we are to serve others through our work, we must first take care of ourselves, as only a well-nourished mind and body can truly contribute to the well-being of others. By maintaining this balance, I am able to bring a more focused, compassionate, and strategic approach to my professional responsibilities.
How do you define law, and what do you believe is its fundamental role in society? Additionally, which subject you liked the most while studying law? And why?
Before attempting to answer what is perhaps one of the most profound questions pondered by leading legal theorists for centuries, I’d like to approach it in simpler terms. Law, in my view, can be understood in two dimensions: descriptive and normative. Descriptive law refers to how the law is—it encompasses the characteristics, structures, and functions of legal systems as they exist in practice. It’s the study of law in its current form, outlining how it governs society, resolves disputes, and maintains order.
Normative law, on the other hand, concerns how the law should be. It’s rooted in ethical principles, moral reasoning, and the vision of how law ought to evolve to meet the needs of justice and fairness. In essence, it addresses the ideals, the aspirations that guide legal reform and transformation.
Both aspects—descriptive and normative—exist simultaneously within the concept of law. This duality is what many of our great legal theorists have grappled with over time, saying: “This is what law is like, and this is how we ought to regard it.” It is in understanding this tension between what the law is and what it should be that we begin to appreciate the deeper philosophical nature of law.
Law is not merely a static set of rules, but a living framework that both describes societal structures and, through normative claims, aspires to shape them in accordance with principles of justice, equity, and the common good. In my view, it is this interplay between the descriptive reality and the normative ideal that gives law its power and its purpose in human society.
With regards to the second part of the question, during my law studies, I found Jurisprudence to be the most fascinating subject, as it goes beyond rules and procedures to explore the philosophy of law. It raises essential questions like “What is justice?” and “How should law reflect societal values?” What I find compelling about Jurisprudence is its ability to connect legal theory with real-world practice, making law a dynamic framework that shapes and reflects our social, moral, and cultural beliefs. It encourages critical reflection on the deeper purpose of law, emphasizing its role in ensuring fairness, equity, and justice. For me, Jurisprudence reaffirms that law is not just a set of rules but a tool for building a just society.
What in your opinion are effective ways that can reduce the pendency of courts?
As a lawyer who has had the privilege of engaging with all levels of the judicial system, from district courts to the Supreme Court, I have had firsthand experience of how the system operates and where the challenges lie. One of the most pressing issues I have observed in reducing the pendency of cases is the need for stronger support at the grassroots level, particularly at the district court level. The vast majority of cases affecting ordinary citizens begin at this stage, and unfortunately, we often see a shortage of well-trained, efficient lawyers at this level.
The issue of infrastructure is another significant challenge. While higher courts may be more equipped, the district courts often lack the resources to handle the volume of cases effectively. This disparity in infrastructure and legal expertise at the grassroots level contributes to delays and inefficiencies in the system.
We often celebrate the ‘brain drain’ when Indians excel globally in fields such as technology and science, but unfortunately, we are witnessing a similar trend in the legal profession. Many skilled lawyers are leaving the traditional legal practice in Favor of corporate careers, leading to a shortage of competent legal professionals at the district court level. If we are to reduce the pendency of cases, it is essential that we invest in building a strong legal foundation at this level by attracting and retaining talented lawyers to serve in district courts.
Additionally, the introduction of more efficient case management systems, digitization, and the expansion of legal aid services can help alleviate the backlog. A holistic approach that includes better infrastructure, legal support, and technological solutions can create a more efficient and accessible judicial system.
I believe that the judicial system must serve the people at every level, not just in the higher courts. By focusing on improving the quality of legal representation and the infrastructure at the district court level, we can ensure that justice is not delayed or denied, and that the system becomes more responsive to the needs of the common people.
For aspiring lawyers or young professionals aiming to build a career in multiple areas of law, what advice would you offer? Are there any particular resources or strategies you recommend to help them stay current with evolving legal trends?Could you also share the most recent book you have read?
Being in the early stages of my career, I believe it’s crucial for aspiring lawyers or young professionals to establish a strong foundation by reaching the court regularly and engaging with real-world cases. The prime duty of every lawyer is to be present in the courtroom, attend hearings, and ensure they are always up-to-date with the most recent orders passed by the honourable court. Once you prioritize your work in this way—by staying punctual and attentive to the finer details of each case—you will find the work becomes more manageable, and your chances of success naturally increase. This consistent engagement with the court not only hones your practical skills but also fosters a deeper understanding of legal processes and the nuances of each case.
In addition to courtroom experience, it’s vital to stay current with evolving legal trends. I recommend that aspiring lawyers read widely—both legal journals and case law—to stay informed about new developments in law. Participating in legal seminars, webinars, and discussions with experienced professionals also offers valuable insights into emerging trends and shifts in legal practice. More importantly, I believe the pursuit of continuous learning should be a philosophy that guides one’s career. The law is dynamic, and as lawyers, we must remain adaptable and open to new perspectives and ideas.
In terms of resources, I would suggest exploring both traditional texts and newer platforms, such as online legal databases, that provide real-time case law updates. Platforms like Manupatra, SCC Online, and legal blogs can be invaluable in staying on top of legislative changes and judicial interpretations. Above all, my advice would be to approach your career with a balance of practical engagement and intellectual curiosity—viewing the law not only as a profession but as an ongoing journey of learning and growth.
The most recent book I’ve read is Leviathan by Thomas Hobbes. In this influential work, Hobbes explores the nature of human existence, governance, and law. He argues that without a central authority, life would be chaotic and brutal. To avoid this, individuals must give up certain freedoms to a sovereign authority in exchange for security and order, forming the foundation of the “social contract.” Hobbes’ ideas not only shape political theory but also raise fundamental questions about authority, power, and justice. His reflections on law highlight its role in maintaining social structure and preventing anarchy, offering timeless insights into the balance between individual freedom and societal order.
With nearly 18 years of experience in law, what initially drew you to the legal profession? Was there a particular event or experience that influenced your decision to pursue this path?
My father was an Engineer and he was always attracted towards law. While he was posted At Lucknow working as Junior Engineer in Public Works department and completed his law from Lucknow University while in service. He always said that a lawyer is a person who is always wanted by society. After completing my 12th from Boys High School at Allahabad I got admission in I. L.S. Law College Pune, which was one of the best Law Colleges in India in 2000.
During your time working with Senior Advocate Mr. Anurag Khanna, what were some of the key lessons or insights you gained that significantly impacted your approach to law?
My time working with Senior Advocate Mr. Anurag Khanna was very fruitful and a learning experience. The most significant lesson I learned was sincerity, perseverance and honesty. My senior while going through any file of a case would always look for the best legal point available to get the case admitted on first hearing and obtained a favourable order in favour of the client. His approach was to look for the one bullet point in the case that will force the Judge to pass an order in favour of the client.
After gaining valuable experience under the mentorship of a senior advocate, what inspired you to branch out and start your independent practice? What were some of the initial challenges you encountered, and how did you overcome them?
After working for around 8 years under the mentorship of the Senior Advocate I started feeling that 8 years is a sufficient time to get the insights as a junior and I should start my own independent practice. Once I started my own independent practice initially the work load was less as I had few briefs but slowly with sincerity and perseverance I was able to get more briefs. This profession needs a lot of patience and hard work. That it is really tough for first generation lawyers, who have no background in law.
You’ve worked on petitions under Section 391-394 of the Companies Act. Could you share your perspective on the complexities involved in such petitions and some of the challenges you’ve faced? Additionally, in your experience with liquidation matters, what do you consider to be the most common obstacles companies face in these situations?
The provision relating to amalgamation and mergers or restructuring debt was earlier covered under section 391-394 of the Companies Act, which is now being dealt with by National Company Law Tribunal. The most interesting part was the meetings which were to be conducted of shareholders of the companies, wherein 75% voting was required to be in favour of the scheme then only the scheme of merger or amalgamation could get through. The meetings were conducted in some other cities for which we have to travel. I have participated in such meetings in Jaipur, Mathura, Agra as Chairman and alternate Chairman. The Liquidation matters are the most complex and lengthy litigation which goes on for 10-20 years without being concluded. Sometimes the companies which are in liquidation can also be revived if they have a feasible revival plan.
You’ve been involved in land acquisition cases for authorities like NOIDA and handled cases under the Land Acquisition Act. What legal and ethical considerations do you think are crucial in these matters? Could you share an example of a particularly challenging case you’ve worked on?
The land acquisition matters mostly relate to the land of the farmers which are acquired by Noida and other Authorities for different purposes including Plant Industrial Development. The land acquisition cases are very fulfilling for a lawyer as the Advocate has to fight for the farmers’ rights. Recently I am working on a case wherein illegal classification was made by the Noida Authority between farmers themselves for two categories Pustaini and Gair Pustaini meaning ancestral and non ancestral land owners. The classification has been held to be illegal in the case of Ramesh Chandra Sharma by the Hon’ble Supreme Court but in spite of the judgment of the Hon’ble Supreme Court is not giving the benefit to the farmers for which we have filed various petitions on behalf of farmers and hearing is going on since past one month.
Your experience includes dealing with labour disputes under the Provident Fund Act and Industrial Disputes Act. What are the most common labour-related issues companies face today, and how do they typically navigate these challenges?
The Labor Laws in India are welfare statutes tilted in favour of the laborers. That the companies are being burdened with false cases which are being initiated by the laborers against the company. The most common tactics is to work for more than 240 days in a company and thereafter leave the company to get another job at a higher salary in another company and thereafter raise labour disputes and get benefits under various Labour Laws and also demand back wages.
In your role assisting with high-profile criminal cases, such as the Aarushi Talwar case, what are some of the major challenges you’ve encountered in criminal law, particularly with regard to public perception and media coverage?
In the Indian Democratic system, the media nowadays plays a very vital role as far as high-profile cases are concerned. The best part is that judges are not affected by the media coverage. While assisting Senior Advocate Mr. Anurag Khanna in the Aarushi Talwar case for the Central Bureau of Investigation. I had a chance to work for the prosecution. We were opposing the cases filed by Aarushi Talwar’s parents. The Division Bench of Allahabad High Court gave a verdict in favour of the parents of Aarushi Talwar. It was a great learning experience.
As technology continues to play a larger role in the legal field, how do you believe it is impacting corporate litigation and legal practice overall? Looking ahead, what trends do you think will become more prominent in the next five to ten years, especially in corporate law and litigation? How do you keep up with emerging legal trends?
Technology has been playing a very important role in law as one click we can search through lakhs of judgment. Chat GPT and AI will probably become more prominent in the next 5-10 years in corporate law and litigation. Due to technology the judges and lawyers are more updated and are aware of the judgment which is being pronounced every day by different courts throughout India. The technology cannot overtake the legal profession completely and the lawyers, clerks and judges will always be there to take forward the legal system.
Finally, what advice would you offer to young lawyers who aspire to make a lasting impact in their careers, particularly those with an interest in corporate and litigation law?
The young lawyers are the light for tomorrow. I see young lawyers to be very well versed in law and technology but they are lacking patience which is the most important aspect of litigation. I would advise the young lawyer not to take shortcuts and wait till your time arrives till then he should keep working hard.
Reflecting on your extensive experience, what inspired you to pursue a career in law, despite not coming from a legal background? What motivated your decision to choose the Army Institute of Law for your studies? How did your time there shape your understanding of the law, and how did the integration of Army discipline with legal education influence your approach to practicing law?
The charm of uniformed service is unmatched. My grandfather was in the Police, and my father was in the Army. Litigation provides an opportunity to wear the band and gown, with no retirement age, and experience the thrill of a duel in an arena while cross-examining a witness, advancing final arguments, and even playing war games with the applications filed in a case! I was inspired to have such a way of life.
Army Institute of Law (AIL) offered a 5 year integrated law course. It was a residential Institute with a focus on sports, extracurricular activities, internships, and studies. Being from an Army background, I was certain AIL would nurture the students well.
I was told in the first year itself that one is wedded to law! Being a residential institute, the Professors acted as our guardians and guided us in all walks of life. We were asked to develop the habit of going through the latest law journals which made us understand the divergent views argued and a reasoned judgment on the subject. Moot Court Competitions were another aspect that was extensively undertaken in AIL.
The study of law with its application makes it more interesting. Discipline is a common feature in the Army and Law and AIL made us disciplined. The basic traits of being punctual, and being courteous to the Judge as well as the opposite counsel aids in daily practice. The art of advancing arguments is to throw light, not heat, which I learned from the Moot Court Competitions.
During your time in law school, you completed numerous internships. What were the most valuable lessons you learned from these experiences, and how did they help you build a strong foundation as you transitioned into real-world legal practice?
Internships are important to enable the student to see the diverse fields of law, be it litigation, working in a law firm, or taking teaching as a profession. Internships are a distinct feature on a CV and may enable a student to secure a placement.
My internships provided great learning experiences and helped me build valuable connections. My first internship was under Mr. R. Venkatramani who is the present Attorney General of India. I had the opportunity to witness the hearings in the Supreme Court during my first internship.
However, to gain exposure, I also interned with Titus and Co., Lall and Sethi, Singhania and Co., Juris Consultants, and the “Indian Society of International Law”.
What were your early experiences like working at a top-tier firm? What key lessons did you learn there, and how did those experiences shape the direction of your career?
I was fortunate to get placed in one of the best law firms, Remfry & Sagar. Late Dr. Sagar, the founder of the firm, valued the time of associates, and the firm’s working hours were 9 AM to 5:30 PM, with weekends off. The associates focused and worked diligently during this time rather than the practice in some firms where late evenings are usually spent in the Office.
It was a great experience to work with foreign clients and MNCs, I recall Japanese clients being the most punctual in conferences and responding to queries immediately. Needless to say, such clients expected a similar swift response.
I realized that the best a lawyer can ensure is punctuality and diligence toward the case entrusted by the client. Even in case of an adverse order, many clients retain the same lawyer to challenge the impugned order or judgment because they have witnessed the lawyer’s diligent work.
What motivated your decision to transition from working at a top-tier firm to starting your own independent practice? Given the stability of your previous role, what factors influenced this significant decision? Additionally, litigation is often described as thrilling and unpredictable. What aspects of litigation excite you the most, and how do you prepare for its inherent unpredictability?
It was a good experience to sit comfortably in the Ivory Tower and work for foreign clients. I learned a lot about Intellectual Property Rights. Mr. Ashwin Julka, who was the Managing Partner of the firm, trained me well both in the field of law and the art of dealing with clients.
However, I missed the thrill and charm of going to the Court on a daily basis and dealing with different subjects of law. I felt that a lawyer, just like an actor, should not confine themselves to limited roles! One should seek challenging roles as well and the focus should be on learning diverse subjects of law.
I started my Advocate-on-Record (AoR) training under the Late Mr. Satya Mitra Garg and Mr. Ashok Panigrahi who had worked in the Chamber of Venkatramani Sir previously. You may just consider how immense internships maybe even after several years of practice.
The thrill of a gladiator in litigation comes with some uncertainty. However, the law of averages aids a lawyer, and with grit, strategic patience, and proper networking, one can overcome the cloud of uncertainty.
How did your training under various Senior Advocates equip you for the demanding role of an Advocate-on-Record (AoR)? What were some of the major challenges you encountered in the early stages of your practice, and how did you navigate those obstacles?
In my training days, I drafted petitions concerning diverse fields of law which were either argued by the AoR or a Senior Advocate. As a lawyer, one realized that once a petition is filed, the scope of argument is limited to the grounds raised, and hence drafting a petition well was crucial, and annexing relevant annexures was important. That apart, it was essential to be privy to the Supreme Court Rules, leading cases as well as the latest Supreme Court Cases.
The challenge faced in the initial days of independent practice relates to getting clients. I realized that an invisible highway must be built for cases to flow from the respective High Courts and Tribunals. I built a decent network of connections – from lawyers who graduated from AIL to people I interned with. I was helped by Justice Manmeet Arora (then a lawyer), Abhijat Sir, and Ronny Sir in the initial years of my independent practice.
What led you to specialize in Arbitration, and what makes this area of law distinct in terms of its challenges compared to others? Could you share an example of a particularly challenging arbitration case you worked on, and how you prepared for it?
The time frame for making the Award under the Arbitration and Conciliation Act, 1996 is one year from the date of completion of pleadings and the scope of appeal is limited. Therefore, the Arbitration clause is one of the essential elements incorporated in most of the contracts between the parties inter se. Time is of the essence when filing and conducting cross-examinations in arbitration cases, and seeking an adjournment is akin to committing a sin!
One of the important Arbitration cases was regarding the denial of payment and the imposition of huge penalties which were imposed clandestinely. Since the other side failed to appoint an Arbitrator, the High Court appointed an Arbitrator.
It is said that “The truth is often shielded by layers of lies”. The other side filed an application seeking that the claims were fraudulent and hence it was out of the purview of the Arbitration proceedings. We countered by relying upon the wide definition of Section 17 of the Indian Contract Act, 1872 which encompasses the alleged fraud as well. The judgment of Avitel Post Studioz Ltd. & Ors. v HSBC Pi Holdings (Mauritius) Ltd. was relied upon by us. The Arbitrator was pleased to dismiss the application with costs.
Interestingly, extensions of the contract were given by the other side. On this aspect, the concerned witness from the other side was cross-examined in detail. After some detailed cross-examination, the concerned witness admitted that extensions were due to the satisfactory services and after compliance with the terms and conditions of the contract. Concerning the issue of penalty, the other side was directed to produce the computation of the penalties as not even a Show Cause Notice was issued. We were able to demonstrate that the other side acted as an emperor with scant regard for the principles of natural justice. Furthermore, the quantum of penalty, though stipulated in the agreement, was excessive, burdensome, coercive, and against the principles of law contained inSection 74 of the Indian Contract Act, of 1872. The judgments of Fateh Chand v. Bal Kishan Das and Kailash Nath Associates v DDAwere relied upon by us.
The Arbitral Tribunal was pleased to award the amount due without any penalty along with interest and legal costs.
Being an AoR and handling your Chambers, you must carry significant responsibilities. How do you manage these responsibilities, and what strategies do you employ to unwind and relax after a long, stressful day?
An AoR has to be present in all the proceedings and even the SLP and applications are signed by the AoR, barring the affidavits. The SLP and applications have to be read diligently before filing and I ensure to attend all the proceedings. This has become easier with the online hearings and even the filings are online.
I am an avid golfer and do happen to meet different players on the Golf Course. Golf is a social game, so networking is natural. An opponent or a teammate in a game today turns out to be my client tomorrow! I would advise lawyers to pick up any one sport. Apart from health, it may be good for wealth, too!
Making the transition to litigation, especially after having a stable job, requires great courage. What advice would you give to law students who are currently navigating their legal journey and aspire to excel in the field? Furthermore, what resources would you recommend to keep them updated on the latest developments, particularly in arbitration law?
I concede that the initial days in litigation do not appear stable. However, in the long run, the life of an Independent lawyer is stable with no fear of losing a job! If that invisible highway is maintained well, cases are bound to travel from the respective High Courts.
My advice to students is to undertake diverse internships and start building connections from their first internship. Secondly, reading the latest law journals is another habit that would aid. In the field of Arbitration, the Indian Contract Act, of 1872 may be studied in detail and one may witness the proceedings in a Commercial Court.
Looking back at your journey from law school to becoming an Advocate-on-Record in the Supreme Court, how would you describe your evolution as a legal professional? What key qualities do you believe a law student should possess if they wish to become an AoR and succeed in litigation?
One has to be agile to adapt to the changing times in the legal profession. The online filings and online hearings sounded unreal pre-COVID time but have now become the norm. In the initial days, all the cases were undertaken by me but now one may weigh the cases and stop counting. In the legal profession, having a student mentality is essential and I don’t hesitate to learn something from my colleague or an intern who has researched well on the subject.
With sincerity, focus, and training for one year, it is not difficult to become an AoR. To excel in the legal profession, develop deep and unwavering commitment. Being an independent lawyer is a superpower – you would be a master of your time!
Lastly, Litigation is like planting a mango tree, which requires time for the tree to bear fruit. Do not compare such a tree with a plant whose flowers bloom within a month and wither away in a few days! Furthermore, the field of litigation is like a pyramid with limited competition at the top! With sincerity and focus any lawyer may reach the top.
With nearly a decade of experience in civil litigation, arbitration, and related fields, what initially motivated you to pursue a legal career, especially in the area of dispute resolution?
My initial motivation came from my neighbours in my hometown. Literally, every house has a name board with an Advocate written on it and this used to fascinate me a lot. Moreover, I honestly always thought that this is some kind of an easy money-making profession, I was clearly mistaken. I always thought that resolving conflicts through a structured framework inside a court room will be very exciting. My parents were very supportive when I told them that I want to be a lawyer. They supported me in my decision to move out and start a fresh life in Delhi as well. Initially it was a little tough for me, as coming from a small city with no background in legal fraternity, I had to face some challenges.
After a couple of years in the profession, I was curious to know more about Alternate Dispute Resolution and this intrigued me because it not only requires a grasp of the law but also strategic thinking and negotiation skills to achieve amicable solutions. I witnessed situations where unresolved disputes led to prolonged challenges and dirty legal battles so I think Dispute Resolution is one of the best ways for a peaceful settlement.
Having earned your Master of Laws (LL.M) in International Dispute Resolution from King’s College London, with a focus on International & Commercial Arbitration, how did this advanced education influence your approach to handling complex international disputes? Additionally, what were the key criteria for admission to this prestigious institution, and what made you choose it over other options?
Pursuing LL.M in International Dispute Resolution from King’s College London significantly enhanced my ability to analyse complex international disputes. It gave me a lot of confidence in life personally and professionally as well. The program’s curriculum, exposure to diverse legal systems, and interactions with global legal practitioners and intellectual minds helped me develop a well-rounded perspective. I strongly feel that going for a Master’s that too after some work experience was one of the best decisions I ever made. Since I had some professional experience, I was able to relate more and indulge more in discussions with students from around the globe.
Admission to King’s required a good academic record, a compelling personal statement, and a clear vision of professional goals. To some extent my work experience and letters of recommendation from my mentors also helped a lot. I chose King’s over other institutions for its unparalleled reputation in Law, especially in Dispute Resolution and obviously I didn’t want to miss out the opportunity to study in a city that serves as a hub for international legal practice.
Starting your career in 2015 and accumulating over nine years of legal experience, what weresome of the challenges you faced in the early stages of your career? Could you share specific experiences that significantly contributed to your growth as a legal professional?
Being a first-generation lawyer with no background in the legal fraternity, I had to face a few challenges that too in a city like Delhi where I hardly knew anyone in the profession at that point of time. I think the biggest challenge was to survive with minimal resources at a salary of INR 12,000/- per month. It was all very new and overwhelming for me. I had no idea how this profession is going to treat me and how am I going to survive on my own. However, God has always been kind and I truly feel blessed for getting some great helping hands during the initial days of my career. As far as growth in this profession is concerned, I realised that you can only grow in the legal field if you start being honest to yourself, start respecting your seniors and stop comparing yourself with others in the profession. These three key points should never be neglected by young lawyers. Of course, having a good drafting or communication skills, networking etc. helps but realising your own worth by not comparing yourself and by being honest with yourself and by giving respect without any expectations will surely take you to heights.
On a lighter note, reading your files properly and being punctual in court will also help you grow in the profession.
In your current role, you manage high-stakes cases for various significant clients. What is your approach to handling complex litigation matters, and how do you strategize for optimal client representation? Additionally, what do you believe is the most important skill for law students to develop if they want to pursue a career in litigation?
While handling high-stakes cases, I prioritize a deep understanding of the client’s objectives and the legal landscape. My approach involves deep research, anticipating opposing strategies, and clear communication with clients to align on tactics. I also strongly feel that discussing all aspects of the matter internally with your team helps a lot. A junior most lawyer in your team can also give you one of the best advices, which is why discussing with the team and involving your team members while stargazing your next move is highly recommended.
For aspiring litigators/young lawyers, I would suggest to be very patient, calm and diligent reader. Reading with a calm mind can solve most of your issues as it will give you clarity and understanding of what needs to be done and what you need to avoid. Getting into a habit of reading judgments, research papers, articles etc. can be of a great help. Apart from this, I think being vocal in a polite way is also very important in the profession. This will upgrade your confidence and increase your participation in various discussions which will ultimately help you in enhancing your court skills.
You manage a team of senior advocates and advocates, how do you ensure a consistent workflow and minimize burnout? Additionally, what key values do you prioritize when selecting team members?
I treat everyone in the team equally and make sure that we work together as a team on the assigned matters. I prioritize establishing clear processes and maintaining open communication to ensure consistent workflow. I avoid acting like a senior and create unnecessary urgencies. I usually begin by understanding the unique strengths and expertise of each team member and assign tasks accordingly. This ensures that each team member is working in their area of proficiency.
Additionally, we encourage the team to maintain meticulous documentation of their work, ensuring continuity even when team members are unavailable due to court appearances or other commitments. By fostering a collaborative culture, we ensure that the workload is evenly distributed, and knowledge-sharing becomes a norm. I believe that a healthy work environment is crucial for delivering quality results consistently. To achieve this, it is important to encourage family/personal time and equal distribution of work among all team members. I also encourage the team to maintain work-life balance by respecting personal time and being flexible with deadlines whenever possible.
To create a positive and motivating atmosphere, I make it a point to recognize and celebrate accomplishments, both big and small.
While building a team, we should prioritise integrity, collaboration, and a strong sense of responsibility. Integrity is non-negotiable in the legal profession as it directly impacts our credibility and the trust of our clients. One needs to be respectful towards seniors in the profession in order to make it big in the profession. It often makes me wonder why the sense of respect and integrity we had earlier is now missing in the young lawyers. I strongly feel that it is high time for them to realise the importance of working respectfully as a team so that they can individually grow professionally and personally both.
Given your expertise in arbitration, what do you consider the most crucial challenge while dealing with complex commercial or international disputes? How do you think the Indian dynamics are changing when it comes to arbitration in disputes?
The most crucial challenge in arbitration is ensuring enforceability of awards, especially in cross-border disputes and emergency arbitration. Another significant hurdle is managing jurisdictional complexities while balancing client interests. In India, arbitration is undergoing a transformation with legislative reforms and increasing reliance on alternative dispute resolution mechanisms. These changes are fostering a more arbitration-friendly environment. India still has a long way to go especially when it comes to enforceability issues, but I am sure we are on the right path and we will soon be known for our laws on dispute resolution.
In your opinion, what are the major challenges faced by Indian lawyers seeking to specialize in international dispute resolution? What advice would you offer to those aiming to pursue a similar career? Also, could you recommend any resources you use to stay updated with legal trends in this ever-evolving field?
Indian lawyers specializing in international dispute resolution often face challenges like limited opportunities for global exposure and the need for in-depth understanding of foreign legal systems. Indian universities have very less focus on international laws and not everyone can afford to study abroad. When I was in college, I had no idea of the New York Convention or International Settlement of Investment Disputes. All this was introduced to me only when I started working and when I did my research on the international dispute resolution while deciding to go for an LL.M. My advice to all young lawyers looking forward to a career in international dispute resolution is to seek internships with firms involved in international arbitration, build a robust network, and pursue certifications in international law. Attending various webinars and reading about development in international laws can also help a lot in your personal and professional growth.
With a career that blends legal practice and involvement in high-profile legal matters, how do you balance professional responsibilities with personal growth? What keeps you motivated to excel in such a demanding and fast-paced field?
Balancing professional responsibilities with personal growth requires disciplined time management and prioritization. I dedicate time to self-reflection and continuous learning through reading and networking. One should always know where to draw a line and should not raise any false expectations which may become a hurdle in your professional growth. What keeps me motivated is the knowledge that my work contributes to shaping fair and just outcomes, alongside the intellectual challenges and dynamic nature of the legal field. Even after a little more than 9 years of experience, I still learn something new everyday and my mind gets more curious to know about other facets of law and I think this is one of the best things of our profession.
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.
