Super Lawyer

Tag: Civil litigation

  • “Politeness is an understated skill to possess; it reflects integrity and professionalism in every interaction.” – From navigating high-stakes commercial disputes to advocating for legal reform in Chhattisgarh, Rishabh Garg, Partner at Pransh Law Offices

    “Politeness is an understated skill to possess; it reflects integrity and professionalism in every interaction.” – From navigating high-stakes commercial disputes to advocating for legal reform in Chhattisgarh, Rishabh Garg, Partner at Pransh Law Offices

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from ILS Law College, Pune, to your current position as a Founding Partner at Pransh Law Offices, what pivotal moments or experiences shaped your career in law and What inspired you to establish a legal practice in Chhattisgarh, and what unique approach does Pransh bring to the legal landscape?

    My first encounter with Law was when I was an hour away from my higher secondary mid-term examinations at Symbiosis Junior College, Pune. I had received a call from my inconsolable mother, “Your father has been arrested”. I remember returning to my hometown Korba, Chhattisgarh after my exam and spending months going through the complex legal proceedings. It was then that I studied the law in detail and had a very many meaningful conversations with the lawyers. It took 4 months of hardships before he was discharged of all offences. I believe that’s when I found my true calling and joined ILS Law College in 2008. 

    At ILS, one had to be self-motivated in order to learn since the College did not mandatorily require anyone to partake in any activity other than attending lectures, which too, ended at 10 in the morning. This meant one had ample time to explore and identify one’s area of interest. I did a couple of internships in Corporate Law during the initial years, but it was my internship with a Senior Advocate in the Supreme Court in my penultimate year that made me realise that litigation was what intrigued me. Therefore, after passing out of ILS, I applied to a few law firms and Senior Advocates in Delhi to begin my career in litigation, however, nothing materialised and I was forced to start my career from my hometown in Chhattisgarh. 

    In Chhattisgarh, I realised that although opportunities abounded, the learning curve was slow and Seniors did not take particular interest in teaching the nuances of the law to a young graduate. As such, at the advice of my peers, I left my practice in a year and joined Tech Mahindra in their litigation team in Hyderabad. Tech Mahindra had just taken over Satyam Computers at that time, which meant, being involved in several high stake litigations to deal with. I enjoyed my time at Tech Mahindra but since the goal was always to gain experience and come back to Chhattisgarh, I left that job within a year; pursued a Master’s Degree from the National University of Singapore; and founded Pransh Law Offices in Raipur in July 2016. 

    At Pransh, we believe in keeping things simple. We ensure that our drafts are prepared on time and there are no unnecessary adjournments in Court. We thoroughly research the legal issue involved before giving opinions. We are polite, we do not overcharge, and we keep our Clients up to date with the developments in their matters. We are a team of 11 lawyers who stand shoulder to shoulder in pursuance of holistic growth. We also often collaborate with other firms/lawyers to ensure the best possible outcome for our Clients. 

    Having pursued your LL.M. in International and Comparative Law from the National University of Singapore, how has your international education influenced your approach to legal practice in India?

    Studying at NUS for a year taught me to meticulously draft a legal document after extensive research. It helped me develop analytical skills, since at NUS, we were given reading material a week prior to lectures – where we were supposed to share our thoughts on the reading material. Other than that, the substantive law that I read there has not really helped me yet in my legal practice in India. In fact, a Masters does not really help in litigation, other than the skills one develops, and it is advisable only if academics is one’s calling.

    As a seasoned legal professional, you have extensive experience in high-value commercial disputes and advising clients in various industries. Can you share some insights into the challenges and rewards of practicing law in the domains of DDUGKY, Mining, Construction, and Infrastructure?

    In commercial disputes, it is important to know the business as much as it is important to know the law. These disputes are mainly governed by a Contract in writing, and therefore, a thorough understanding of the Law of Contracts is extremely important. 

    Early on in my practice, I got the opportunity to work on several low-stake commercial matters. Every matter had its own complexity where I made mistakes and learnt from them. Over time, it gave me the confidence to take on high-value commercial disputes; since there is no scope for making mistakes in high-value transactions. 

    One of the many challenges we often face in these domains is to quantify the damages that arise out of breach of the Contract. Courts, after Kailash Nath v/s DDA, have held that even Liquidated Damages have to be proved. Often, Clients – at least in a jurisdiction such as Chhattisgarh – don’t maintain their books of accounts properly to enable lawyers to quantify damages such as loss of profits and profitability. As such, a favourable Award / Order in such circumstances is always rewarding. 

    Pransh Law Offices covers a range of practice areas. Which area do you find the most fascinating or challenging, and why?

    As a firm, my colleagues practice extensively in criminal and civil law; however, I personally don’t have the temperament to practice criminal law. As such, I stick to commercial disputes only. 

    The fascinating part about commercial disputes is that they can be settled; there’s a quietus to the never ending litigation. I think lawyers have a substantial role to play when it comes to settlement, as they are the ones who initially inform their Clients of the merits involved in the matter. An honest opinion can help litigants make an informed choice whether to pursue the matter in Court or settle. 

    Your time with the Global Litigation and Arbitration Team at Tech Mahindra involved handling diverse cases. Can you share an interesting or unexpected challenge you encountered during that phase of your career?

    We were dealing with a litigation against Tech Mahindra in the Courts at Los Angeles, California, filed by a disgruntled employee who was sent Onsite from India. During discovery, we found documents against the employee; however, the legal costs, publicity, and risks of going through a jury trial forced us to settle the matter. It was then as an in-house counsel that I realised that litigation is not just about the law or proving who is right/wrong. There are many variables and considerations, such as costs, bargaining power of the parties involved, and attitude of the Presiding Officer of the Court, among others, that are to be kept in mind while dealing with a dispute. 

    Beyond your legal work, you’ve volunteered as a teacher with Make A Difference. How has your experience in community engagement shaped your perspective, both personally and professionally?

    During my time at Make A Difference, I was tasked with teaching English to a Class of 4 Juvenile Convicts in a Juvenile Home in Pune. Professionally, it was obviously a very enriching experience since it was hands-on learning on how the Juvenile Justice Act worked. Personally, it was an experience that made me culturally sensitive and socially aware. These Juveniles were some of the smartest 10-year-olds I met who were also grateful for the learning opportunity. It made me trust the reformative form of punishment. 

    You’ve been recognized for your contributions. Could you share a bit about any notable publications you’ve authored or awards you’ve received, and what those moments meant to you?

    I have not had the honour of receiving any of the prestigious legal awards.

    My last publication was a result of a sleepless night during COVID-19 graciously published by Bar & Bench on Access to Justice in the State of Chhattisgarh, which can be accessed here:

    https://www.barandbench.com/columns/access-to-justice-or-lack-thereof-in-the-state-of-chhattisgarh

    Although it has been a while since I have done any legal writing, I believe legal writing offers a unique avenue for the expression of creative arguments; which unfortunately, legal pleadings do not provide. Legal writing fosters a dynamic and evolving dialogue within the legal community. I regularly read articles published on “indianconlawphil” and “indiacorplaw”. I can only wish that my practice affords me time to write such enriching articles.  

    As someone deeply connected to Chhattisgarh, how do you perceive the evolving legal landscape in the state, and what role does Pransh play in contributing to that evolution?

    We have been making representations to the Government urging them to establish more Commercial Courts in the State as well as set up other Tribunals like DRT, NGT, and NCLT but to no avail. More Tribunals would mean more opportunities for Lawyers as well as access to litigants. It would also ensure the development of a Commercial Bar in the State, which is non-existent as of date. There is still a long way to go! 

    Beyond the legal realm, what are your hobbies or interests that bring you joy and relaxation outside of work?

    General interests in movies/music aside, I went for a 7-day trek to Har-ki-doon a couple of years ago, which got me hooked on trekking. I make it a point to go on a trek during Court vacations in summer. It allows me to be completely disconnected, reducing the mental strain associated with information overload. 

    What advice do you have for law students and aspiring lawyers who are navigating their way through legal education and considering a career in law?

    a) Politeness is an understated skill to possess; b) Don’t be arrogant, it reflects in Court, and no one likes to deal with an arrogant person – neither the judge nor the client; c) Try and make the job of the Court easier – submit brief written arguments with case compilations, whenever possible; d) Be patient, the learning process is slow; e) Don’t be hard on yourself. 

    Get in touch with Rishabh Garg-

  • “Adaptability is key in the legal profession. From District Courts to the Supreme Court, preparation and versatility are crucial for success.” – Prabhat Kaushik, Advocate-on-Record at the Supreme Court of India

    “Adaptability is key in the legal profession. From District Courts to the Supreme Court, preparation and versatility are crucial for success.” – Prabhat Kaushik, Advocate-on-Record at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you take us through your journey from your college days to becoming an Advocate on Record at the Supreme Court? What inspired you to pursue law as a career?

    During my college days, I used to study and make friends who were like-minded and interested in studying and understanding law. I used to make friends whom you could find in the library only or after professors asked questions. Most of our freedom fighters were Lawyers of course that motivates me and of course, the respect a lawyer gets in Society.

    Being the AOR for the Hon’ble Chief Minister of Sikkim is a distinctive role. How did this association come about, and what are some of the challenges and rewards of representing such a high-profile client in the Supreme Court?

    I got the chance to represent the Hon’ble chief minister of Sikkim before the honourable Supreme Court through the Standing Counsel for the state of Sikkim in the Supreme Court who had previously engaged me in many of his cases and therefore gave me a chance. the rewards are always high but the expectations are also high.

    In your extensive career, you’ve handled cases related to Builder-Buyer disputes, Recovery of Refunds by RERA, Criminal Cases, and more. What motivates you to take on such diverse cases, and how do you stay well-versed in multiple areas of law?

    From the beginning of my law career, I, used to handle builder buyer cases as many of my close friends and relatives were cheated by builders and providing them good results brought me many cases. I have offices and associations in Delhi NCR and many of my associates, friends and lawyers keep me engaged in their cases and that keeps me updated with all kinds of cases.

    As someone who has dealt with international companies and MNCs, what nuances or differences do you find in representing their cases compared to domestic ones?

    Cases of MNCs and international companies are not of a very different sort but their challenges are also as same as those of a domestic company for example for a Japanese company I got an FIR registered against the top brass of management in Gurugram a complaint filed by their Parent Company and a Ukrainian company was cheated by Transport vessel company and for other Dubai and Japanese companies facing trouble because of Labour, Employees, Tax and POSH cases.

    Your practice spans different courts and forums. How do you adapt your approach when dealing with cases in various jurisdictions, from District and Session Courts to the Supreme Court?

    The only thing I keep in my mind while approaching any Courts from Distt. to Supreme Court is that I should be well-versed and well-prepared with my case.

    Becoming an Advocate on Record involves a rigorous examination process at the Supreme Court. Can you share your experience preparing for and clearing the AOR exam? What advice do you have for aspiring lawyers who aim to achieve this milestone in their careers?

    I really put all my efforts into clearing the same and was a herculean task. the only mantra is hard work and study plus one should join lectures delivered by examiners THEMSELVES conducted at ILI.

    Your chamber plays a crucial role in shaping the professional journey of budding lawyers. Can you tell us about the work culture and environment in your chamber? Additionally, how do you approach mentoring and guiding interns who join your team?

    Yes, it plays a very important role but I like my colleagues to enjoy work within spheres of discipline in my chamber. I don’t like the late-night work culture. Law interns, they really enjoy a lot because We expose them to every court and forum of Delhi-NCR which enhances their knowledge in unravelling intricacies of Law.

    Having seen the evolution of legal education and the influx of interns and upcoming lawyers, what differences or challenges do you observe in the skill set or approach of students today compared to when you were starting your career? Are there specific areas where you think interns or young lawyers might need additional focus or development?

    Yes, nowadays the legal profession is in vogue. It’s very difficult for a beginner to earn bread and butter in this profession in their initial days. There is a misconception floating around about a lot of money in this profession and therefore the students are choosing this profession but no one tells about the struggle which breaks them. The legal profession is a very noble profession. But not an easy money-making profession. In our days we knew what we were doing and how we would do it and were prepared to face struggles mentally and physically. I used to attend courts by using Public Buses and Trains, which for a modern new Lawyer is not possible if he/she belongs to a humble family and puts a financial burden on their parents.

    Beyond your demanding legal career, everyone needs some downtime. Could you share with us what passions or activities you pursue in your free time? What brings you joy and relaxation outside the courtroom?

    I really enjoy gossiping with friends and of course travelling to the hills.

    Having pursued an LL.M., yourself, could you share your perspective on how further academic specialization contributes to a legal career? What advice would you offer to young lawyers considering pursuing an LL.M. and how can they maximize its benefits for a successful legal career?

    Well, higher studies always help boost your confidence and add a new chapter to your success story. For young lawyers I advise them to pursue all sorts of courses available to help boost their knowledge and enhance confidence, there are so many diploma courses and LL.M helps new lawyers to shape their career by specialising in some chosen field. 

    Get in touch with Prabhat Kaushik-

  • “Eat well and stay fit – don’t be 50 at 35. No matter how successful you become in life – always respect the Bench.” – Shiv Sapra, Partner at Kochhar & Co.

    “Eat well and stay fit – don’t be 50 at 35. No matter how successful you become in life – always respect the Bench.” – Shiv Sapra, Partner at Kochhar & Co.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey, could you share some insights into your college days at ILS Law College, Pune, and the initial struggles you faced in the early days of your career after graduating? How did those experiences shape your resilience and approach to the legal profession?

    Law School is where you formed your foundations, be it education or friends. ILS Law College was, and remains, one of the most prestigious institutions in Law. It was an incredible learning experience as you came together with aspiring lawyers from all over the country. It was evident from the beginning that the legal profession professed immense competition and that one needed to do more than what was ‘required’ in order to stay ahead of the curve. Whilst at Law School, our version of finding a job was finding an ‘internship’! There was immense competition, if for nothing else, then for bragging rights – which was an undeniable reality. These early experiences were a lesson for later years – that life wouldn’t be easy, or fair. 

    Your legal career spans over 17 years, with a wealth of experience in civil/criminal litigation and commercial arbitration. Can you share a memorable moment or case that significantly shaped your approach to legal practice?

    It was in my second year in the profession where I was faced with the occasion of having to argue a high stakes matter before the Delhi High Court in an arbitration case. As my senior was on his legs at that moment (as is very common), I sought the customary Passover. However, the Hon’ble Judge insisted (read: encouraged) that I present the arguments. Reluctantly, I proceeded with the arguments. My senior arrived mid-way but the Hon’ble Judge insisted I continue. After the hearing, my senior encouraged me to lead the matter, of course, with his support in whatever way needed. We went on to win the matter.

    The takeaway: Judges will always be there to inspire and encourage you, but the hard work will have to be yours alone. You must be able to cash in on opportunities through thorough preparation, of law as well as facts. Your Seniors will also be there to mentor and guide you, but you must win their trust – again, through your work. These are privileges, which must never be misused. 

    I was extremely fortunate to have found the support from my senior during my early years who was pivotal in my learnings, especially that there is nothing like a big or small matter. Every matter is equally important for a lawyer because it carries the trust of a client, which must be reciprocated with competence and responsibility. Also, you either know an answer or you don’t – never faff! Your duty to your client is always first and sacrosanct.

    As a Partner at Kochhar & Co., you handle disputes related to arbitration, insolvency, and commercial litigation. What aspect of your current role do you find most fulfilling and challenging?

    Keeping abreast with the ever evolving concepts of law is one of the most crucial aspects for any practice, be it Arbitration, Insolvency, or any other field. Clients look for solutions from both legal as well as commercial perspectives. Striking a balance between the two remains the most challenging and satisfying aspect. Your skillset must include the ability to provide out of the box solutions. 

    Beyond your legal expertise, you’ve been associated with various publications. What inspired you to write articles?

    As a lawyer, you are constantly exploring ways to hone your skills, especially reasoning and conveyancing. When you write an article, you are free to express your own views on a subject after understanding the jurisprudence and evolution of said subject. But it is not just about sharing your views, rather how to grasp the attention of the reader. This requires a fair amount of research and formulation of opinions based thereon. To articulate and convey your views independent of others is the biggest privilege a lawyer has. 

    Your bio mentions a deep passion for the legal profession, passed down through a family of lawyers. How has this familial connection influenced your journey, and what does the legal profession mean to you on a personal level? 

    Growing up, we were privy to numerous stories and anecdotes emanating from the legal profession. This definitely had an impact on the decision to pursue law, but said decision was never owing to expectation or pressure. We were always free to choose our career path and were always supported in that. From the beginning, we were motivated to make it on our own and not through whom you knew. Case in point: my father refused to consider my candidature for his organization unless I had garnered at least 3-4 years of experience!  

    I have always considered the legal profession as a noble profession. I learned very early that representing a client was an enormous responsibility which could only be shouldered through your understanding of the law and a thorough appreciation of the issues involved. On the other hand, you are also an officer of the Court, which comes with its own set of responsibilities. There must be a sense of pride when you don the gown, but never arrogance.   

    Having been associated with both DSK Legal and Luthra & Luthra Law Offices, what unique aspects of each firm have contributed to your professional growth, and how do these experiences influence your approach as a Partner at Kochhar & Co.? 

    Both organizations had very distinct and unique characteristics.  

    While at Luthra, I was fortunate to have been a part of a wonderful set of lawyers, and human beings alike in a very close knit environment. Our senior colleagues were always ready to help and mentor, which every newcomer looked to. A lot was learnt in the ways of mentorship and on how to hone your skills as a lawyer. In many ways, I learnt my core professional values whilst at Luthra. It taught me the importance of not only learning to deliver quality, but also of the need to guide and assist youngsters. 

    DSK Legal further encouraged you to go beyond the role of a Partner and to grow as an individual. It is with the combined experience garnered from both organizations that I look to assisting my present organization in its visions ahead.

    From your time at The Doon School to being a School Athletics Captain, how do you think your early experiences and leadership roles in school have shaped your professional journey?

    Doon has played a pivotal role in my journey. I was primarily a long distance runner which entailed two main requirements: keep breathing, and keep going – a trait most often needed in today’s profession in many ways! Doon inculcated a strict sense of discipline and leadership from a very early age. These characteristics have been essential to me through the years in the profession. 

    In addition to your legal expertise, you’ve authored articles and judged Moot Courts. How do you balance the roles of an author, mentor, and litigator, and how do these activities contribute to your overall professional satisfaction? 

    All these roles are interlinked. It is crucial to invest in mentoring and undertaking extracurriculars beyond work. Time has always been a constraint but one needs to find the time as these are investments you make in yourself as an individual. Moot Courts are an excellent way to interact with budding lawyers and to get a feeling on how they perceive the law and present themselves. The coming generation is extremely sharp and intelligent, and they certainly offer a fresh perspective, which is often much needed.

    Apart from your professional commitments, how do you unwind and relax? Are there any hobbies or activities that you particularly enjoy in your free time? 

    Travelling has been the best way for unwinding and finding a break from the regular vigour of life. I found my ultimate Xen in Scuba Diving many years back, which I pursue religiously.  

    AI is fast taking charge in developing times. How do you see AI impacting the legal industry?

    Technology has always been a powerful tool in a lawyers arsenal. Online research, though not a substitute for conventional modes, has certainly been a boon over the past many years with access to legal databases merely a click away. Now with the advent of AI, the landscape of the profession is fast changing. Numerous Corporates have already started using this for their professional needs. There is thus a dire need for lawyers to adopt and adapt, lest you miss the bus. 

    AI is well poised to reduce (and in cases, even remove) the reliance on different sources, be it drafting or research. Although human logic and ingenuity is difficult to be substituted, Generative AI is certainly a stiff competition in the field. What will be the endgame in the vista, time will tell. For now, AI is certainly the most powerful tool available to us and its potential must be capitalized. 

    Would you like to share any suggestions or advice for the upcoming generation of lawyers?

    • Read, read, and read! There is no shortcut to hardwork. Every lawyer is unique. 
    • Cherish your relationship with your Mentor, but maintain respect and independence. Read “Letters to a Young lawyer” by Alan M.Dershowitz for more insights.
    • Invest time in networking early – this will be your biggest asset in the later years.
    • Always look out for yourself – you alone will be responsible on setting the trajectory of your career. Don’t let anyone dictate your choices. Have confidence in yourself.
    • Eat well and stay fit – don’t be 50 at 35.
    • Lastly: no matter how successful you become in life – always respect the Bench.

    Get in touch with Shiv Sapra-

  • “I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court”- Usha Lakshmipathaiah, Associate Partner at Krishnamurthy & Co. (K Law)

    “I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court”- Usha Lakshmipathaiah, Associate Partner at Krishnamurthy & Co. (K Law)

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Ma’am, could you please share your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    From a young age I was very bold and would always speak my mind. I also had a very strong desire to help people. I felt like I gravitated towards Law as my elder brother also chose Law as his career path. At that age you are extremely influenced by your siblings. When I started reading different law subjects, I became more and more curious and continue to be curious about everything law has to offer. 

    I remember feeling so overwhelmed on my first day in court. But I kept accompanying my colleagues / seniors and I slowly became familiar with all the court procedures etc. 

    My journey has been full of surprises. I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court. 

    With your extensive experience in handling commercial and civil disputes, insolvency cases, and matters under the Industrial Disputes Act, can you highlight a particularly challenging case that stands out in your career and how you navigated through it?

    I represented a company in a case wherein there was an injunctive order against termination of an employee. It was challenging as the company was forced to continue his employment. However, we took the aid of section 14 and section 16 of the specific relief act and were able to demonstrate that contracts solely dependent on personal qualifications cannot be enforced. 

    Your work involves representing clients in intellectual property rights cases. Could you discuss a memorable case where your skills in IP law played a crucial role in achieving a favourable outcome?

    In one of the Intellectual property rights cases there was an ex-parte order operating against our client restraining them from infringing the plaintiff’s trademark.  We relied on section 30 of the trademarks act and were able to demonstrate that there was no infringement of trademark as our client was merely showcasing products and was in no way “using the plaintiff’s trademark”. This case was challenging as it is difficult to get an interim order vacated. 

    From your time at Poovayya & Co., you were involved in representing organizations in electronic and print media. Can you share an interesting experience or case related to media law that you found particularly intriguing or challenging?

    An interesting experience was regarding injunctive reliefs against publications (electronic or media) from telecasting defamatory articles / news. In such cases, the plaintiffs tend to include all media channels irrespective of whether they had published defamatory articles. We were representing media houses who were unnecessarily dragged to court who had nothing to do with the alleged defamatory articles. It was an uphill task to demonstrate that the media houses were only reporting facts / actual events that took place. 

    As someone who has also worked with a Judge of the Supreme Court, could you shed light on how that experience influenced your perspective and approach to practicing law?

    This experience was immensely valuable as it gave me first-hand experience as to what the Judge expects from a lawyer irrespective of who he is representing. It made me realise that the arguments must be presented in a manner which can easily be grasped in a short period of time. It also taught me the importance of keeping the pleadings precise and using simple language as opposed to complex sentences. 

    You’ve been involved in consumer matters and divorce cases. Can you discuss a case that had a significant impact on your understanding of these areas of law, and perhaps a lesson you learned from it?

    We had filed a consumer case for an individual wherein the complaint was allowed in part and half of the compensation amount claimed was granted. Although we had good grounds for appeal, it made commercial sense for the client to accept the part compensation considering the costs and time it would take for the Appeal to be decided, finally. 

    This case provided me with a different perspective of the importance of balancing between the desire to win a case and a feasible remedy for the client. 

    Your role as an Associate Partner at Klaw involves providing legal advice to various e-commerce platforms. How do you approach the unique challenges and legal issues that arise in the rapidly evolving landscape of e-commerce?

    The law pertaining to e-commerce is rapidly evolving and new guidelines are released from time to time. I constantly keep myself updated on the law regarding intermediaries and its interpretation by different courts which equips me with providing the best solution to the client.

    Given your diverse experience, what advice would you offer to law graduates who are just starting their careers in the field? What key lessons or insights have you gained that you believe would be valuable for them?

    To anyone who is just starting their career, I would advise that gaining practical experience at an early stage would give them an edge over their peers. Exposure to court procedures, being involved in evidence and cross examinations is what they should be aiming at the early stages of their career. They should eagerly look out for opportunities to present arguments be it at the stage of interim hearings or final arguments. 

    Get in touch with Usha Lakshmipathaiah-

  • “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

    “To be well-prepared, one must consider all aspects of the file. While you may have read it, meticulous attention to every minute detail is essential, depending upon the nature of the case being argued.” – Ayush Negi, Advocate-on-Record, Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your family has a rich legal legacy, with your grandfather being the first Advocate General of Uttarakhand. How has this legacy influenced your journey as a third-generation lawyer, and what values or lessons have you carried forward from your family’s legal background?

    I have always been around lawyers at my house and have had the opportunity to be inspired by my grandfather and my father. My grandfather always used to tell me that all I can give you is the family name and the rest is upon you what you make out of it, so till date, I’m trying to live up to his legacy and be a better lawyer every day. The lesson I have learnt is that hard work is the key to success no matter what generation you are if you don’t work hard you will not get work one needs to constantly keep working on his advocacy skills and perform better every day.

    Transitioning from a small law firm to establishing your own practice is undoubtedly a significant step. Can you share a memorable experience or a turning point in your early career that shaped your approach to building your practice from the ground up?

     I learnt the basics of drafting and working with a small team at the law firm. I still remember my senior used to always ask us where do you see yourself in 5 years and I told him that I see myself as an Advocate on Record at the Supreme Court of India, so that was my manifestation and somehow with the grace of god I could achieve it in my first attempt. Thereafter I started hustling and doing small matters at the trial court and kept working constantly at honing my drafting and argument skills. I would like to especially thank Adv Dattatrey Vyas who was my immediate senior in the law firm for constantly helping me by vetting my drafts and guiding me through the drafting process while I was at the firm and later when I was away. I think I was lucky to have good mentors like Adv. Anurag Tomar who gave me constant opportunities to argue and appear before various forums right from the beginning of my career which paved the way for me to argue matters before the Supreme Court of India. One of the few instances I remember is while arguing an admission matter before a division bench presided by Justice Gyan Sudha Mishra at the Supreme Court, it was a MACT matter and I argued all the aspects and informed the court about the injuries on the lower part of the left leg of the petitioner, the court after hearing me asked about the exact part of the leg and the nature of the injury which at that point of time was not very clear in the documents as there was some medical term used which was not known to me or the court. The court then passed over the matter to enable me to take instructions about the same and eventually when the matter was heard I was able to answer the query of the court and notice was issued in the matter. The lesson I learnt is that one has to be well prepared from all aspects of the file no doubt you may have read the file, but one has to be careful about every minute detail depending upon the nature of the case being argued.

    You’ve been practicing law across various courts, including the Supreme Court of India and the National Green Tribunal. How do you manage the dynamics of different legal forums, and do you have a preference for any particular type of cases?

    Practicing across various forums can be tiresome at times as we have a lot of running around to be done apart from the preparation for the matters to be argued at various stages. But having a good team of associates around who help ease the burden by holding the fort while I can travel from one court to the other at times. But yes we have over time developed an effective way of taking separate dates for various courts so there is no clash between cases. But I constantly motivate my juniors to start arguing applications before the trial courts or tribunals so that they build up the confidence and eventually pave way for them to start their own practise later in life. Though I am most comfortable at the Supreme Court of India, but yes I love appearing before trial court and have had the opportunity of appearing before Trial courts and High courts across states like U.P, Uttarakhand, Punjab etc. There is a whole lot of thrill in the process of cross-examination which I truly love about trial court advocacy which requires a different skill set especially compared to appellate court advocacy and appearing before trial court is always enriching.

    As Counsel for the State of Uttarakhand at the National Green Tribunal, you’ve been involved in cases related to environmental issues. How does your role contribute to your personal commitment to environmental sustainability, and do you have any personal initiatives in this regard?

    I have been on the panel of State of Uttarakhand at the National Green Tribunal, Principal Bench Delhi right from 2017 and have been appearing regularly. After the retirement of Retd Justice Swatatantra Kumar from the post of Chairperson the approach of NGT of dealing with matters had changed drastically as they started the process of letter petitions the filing of Original Applications came down drastically and reduced the role of counsels to a large extent which in one way made the court more accessible to the common man, but yes the role of state counsels and other counsels was reduced to very minimal until and unless a specific response was called from a particular authority on an issue. Rest we keep assisting courts as and when we are called upon to file Joint inspection reports or filing responses and explaining the stand of the authorities. Further with regard to my personal view on sustainability I as an individual try to save water and electricity and follow basic civic rules of not littering around on highways or public roads etc. I think if all the citizens of the country follow these rules strictly then our country will be a much cleaner place. I think awareness amongst people about waste management can take our country a long way towards environmental sustainability.

    Balancing criminal trials along with civil trials is not common among lawyers. What motivated you to diversify into criminal trials, and how do you approach the unique challenges they present?

    As I have already mentioned my love for trial court advocacy, especially the part of cross-examination of a witness, so I have done my fair share of civil trials and  Criminal Trials under section138 Negotiable Instrument Act cases and had never thought of delving into criminal trials but, recently in 2021 one client approached me for conducting a criminal trial under POCSO Act at Ghaziabad Sessions court, after going through the file and as the matter was at evidence stage in the peculiar facts and circumstances I took up the matter and eventually the Prosecutrix a 11-year-old girl went hostile which led to the conviction of my client after the incarceration of 3 years. My experience in this trial was worth sharing first and foremost is the non-adhering to the basic principles of an In-camera trial as envisaged under the Section 37 of the Protection of Children from Sexual Offences Act 2012, though the same is followed to the teeth in the trial courts in Delhi, but I was shocked to see that the evidence of the prosecutrix including the examination in chief and the cross-examination was all done in open court.

    After this trial, I have taken up a few more matters including a trial under SC/ST act before the Rohini Court and another matter under section 376/354 of the IPC on behalf of the accused before the Dwaraka Sessions Court. But, yes for the readers I have to clarify that while I have taken up these matters I did thorough research on the subject matters of these cases and did a lot of consultation with senior colleagues who have had long experiences in handling these matters before the trial court, it is very crucial that we know the finer nuances of such trials before we start conducting one as life and liberty of person depends on us.

    Apart from this some basic things that I felt were a problem in other states was the lack of judicial infrastructure like stenographers for judges and in some courts, the courts even didn’t have a computer system. I think little changes in the whole justice administration system would affect the quality of the justice being delivered across all courts, especially trial courts.

    Your 45-day judicial internship with Justice Dalveer Bhandari seems to have been a turning point. How did this experience influence your perspective on legal practice, especially in the Supreme Court, and set the course for your career?

    The internship with Retd Justice Dalveer Bhandari is where it all started and it was my first experience at observing the practice and procedure at the Supreme Court of India. I along with my friend had the special privilege back then to join this internship as then the clerkship and the internship program was only for the students of the National Law Institutes and we would have had no chance at getting the internship if our Professor Ms Deesha Meshram had not provided us this opportunity. We were in our 8th Semester of 5-year Integrated law Course and had the basic knowledge of the subjects such as CPC, CRPC, Evidence etc, but this internship changed our perspective. During the internship our tasks included reading briefs of admission hearing matters and preparing a brief note and then finally presenting the matter before Justice Bhandari just like we do now in the Supreme court before the Hon’ble Judges, he would then ask us basic questions about the case about findings in the trial court judgement and things like issue involved etc. This exercise majorly helped me to see up close how the mind of a Supreme judge works and a brief idea of the kind of queries that can entail in a fresh matter. Our tasks also included providing the law clerk with research materials in the after-notice matters apart from observing the matters that we had briefed sir on being argued in court. It was truly an enriching experience and it was only after this internship that I made up my mind about settling down in Delhi and practising before the Supreme Court of India. Some of my positive takeaways from this internship were learning the basic skill of reading an SLP and the relevant papers, preparing a note and relevant case research on the subject matter and knowing how the synopsis and list of dates play a very crucial role in the fate of the matter before the Supreme Court.

    You’ve represented organizations like the National Institute of Technology, Srinagar (Garhwal), and provided litigation support to companies on a retainer basis. How do you navigate the dual role of legal advisor and litigator, and what challenges and rewards come with this multifaceted approach to legal practice?

    Over the span of 12 years of being a litigator i have had the opportunity to represent many corporations and companies before various courts some of them would be Uttarakhand University, NIT Uttarakhand,Transunion CIBIL, Carnival Cinemas etc. the key to working with big organisations and corporations is timely delivery of work and adhering to high professional standards. I completed my 1-year Post Graduate Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkatta in 2016 which helped me equip myself with practical skills related to business laws. Later in time, I ventured into providing my services on the advisory side related to Contract Drafting and allied services related to day to day functioning of the companies so that the companies could avoid or at least try to keep their disputes and litigation to the minimum. Time management and organising the work schedule between courts and the advisory work is the key to balancing the work between both the fields and rest having a good team to assist me helps me a lot. The benefit of playing the dual role of litigator and legal advisor helps one to broaden one’s horizon and then you are never short of work.

    In addition to your legal responsibilities, you’ve represented the Cricket Association of Uttarakhand. Are you an avid cricket fan yourself, and if so, do you have a favourite cricket memory or player that you hold dear?

    I like the game of Cricket and follow all the major tournaments, IPL etc., but no I have not played cricket at any level as such. I have been appearing for the CAU before Uttarakhand HC, District Courts and before the Hon’ble Ombudsman which is an internal dispute mechanism at the Association. Associating with the CAU has also been a great learning experience in getting to know the nuances involved in the cricketing field and kind of dispute and the resolution process before the Ombudsman which all is done in terms of the Constitution of the Association which is framed under the aegis of BCCI.

    Clearing the AOR exams is a significant accomplishment. How has being an Advocate on Record at the Supreme Court impacted your career, and what advice would you give to aspiring lawyers aiming for a similar milestone?

    As I mentioned earlier, clearing the AOR Exam was my dream from the day I started practising because I had fair knowledge about the role that is played by an AOR in the Supreme Court of India through my previous internship experience with Retd Justice Dalveer Bhandari. Nowadays we see a lot of people who have not practised at the Supreme Court or intend to practice at Supreme Court think that it’s crucial for one to be an AOR to appear before the Supreme Court which is not the case. The fact of the matter is merely clearing AOR exam doesn’t help one start practise at Supreme Court, but yes my advice would be that one should join some chamber and get to know the basic procedures of the court and functioning of the court and then try to clear the exam it would really help to make the mark may be in your first attempt. Further with regards to the exam I would advise all those who are preparing to start with the Supreme Court Rules and practising drafting petitions on paper as with the advent of computers we are more used to typing on our laptops you may be thorough with drafting but it’s really a difficult task when comes to doing the same manually, so the key is to try and time yourself in solving the previous year’s drafting problems that will give you an edge while you write your paper. My last word of advice is that try and keep the presentation of your answer neat considering the time you have to write the paper and answer all the questions.

    Get in touch with Ayush Negi-

  • “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

    “Arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined”- Ankit Parhar, Partner, Poovayya & Co.

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession, and did you always envision yourself working in diverse areas of law?

    The first time I studied the Constitution in school, I was amazed that a single ‘document’ defined our nation, government, laws, freedoms, rights, duties, everything. This got me very interested in the law. As I grew up, becoming a litigator became my default option. Although I was open to exploring other options, nothing else has ever appealed to me.

    After graduating from law school, I was keen on exploring diverse areas of law. In the first few years of my profession, I decided to join law firms that would give me opportunities in as many areas of law as possible. Litigators are always advised to start out at the trial court. So, I joined a firm where I was part of a team handling civil and criminal matters at the trail court.

    In the first five odd years of my career, I was able to gain experience in civil litigation, criminal litigation, arbitrations, regulatory litigation, company litigation, intellectual property matters, consumer matters, tax matters etc. Working in diverse fields in the initial years kept me motivated and gave me the confidence to take on any kind of matter. Even now, having a diverse portfolio of work not only keeps me motivated and excited but also enables me to provide clients with comprehensive and practical advice.

    With over 15 years of experience in civil and commercial litigation, arbitrations, regulatory litigation, and criminal litigation, you’ve had a rich and varied career. What would you say has had the most impact on your professional growth?

    The most memorable and impactful experience for me has been working with excellent seniors, colleagues, and clients over the years. Any complex litigation is always a team effort. Litigation teams mostly work long hours in close quarters. They see each other’s good sides and bad. They challenge and push each other every day. This team dynamic is crucial for every litigator and perhaps plays the most important part in forging your skills.

    Your work seems to span across numerous sectors, from Infrastructure & Real Estate to Banking & Finance to Information Technology. How do you manage to stay well-versed in such diverse areas of law and provide effective representation to clients in each domain?

    It is not only important to identify the areas of law that interest you, but also the areas of law that you have an aptitude for. Once you identify these areas, you need to dedicate some study time every day. I feel that the best way to understand an unfamiliar area of law is to read judgments. I try and read every judgment passed by the Delhi High Court and the Supreme Court in the areas of law that I practice in. It takes a lot of time and discipline, but the insights that you gain are invaluable. Other than that, there are so many good resources to keep yourself updated these days. It is also crucial to meet your clients and other experts in the field and understand the latest developments and issues being faced by them. 

    Arbitrations seem to be a prominent part of your practice. Could you walk us through some of the challenges in handling arbitrations and how you successfully navigate them?

    One of the major reasons that parties choose arbitration is to free themselves from the procedural rigors of civil procedure. The irony is that arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined. The law of arbitration is ever evolving, and legal positions flip every now and then. The recent judgments on Stamp Duty and Arbitration Agreements are a case in point. Therefore, it is very important for an arbitration lawyer to be updated on the present legal position and to anticipate future issues. Failure to do so can land your client in endless procedural hurdles which can take years to resolve. 

    Apart from procedural issues, arbitrations are very fact intensive. For instance, high-stake infrastructure arbitrations normally relate to projects that have taken three to five years to execute. These arbitrations usually involve some technical and scientific issues. There is usually an immense amount of correspondence, records may be scattered, or unavailable, key personnel may have left and so on. Therefore, it is very important for an arbitration lawyer to master the facts to a greater degree than may be required in other proceedings. You need to put yourself in your client’s position and understand the situation that prevailed on the ground. Unless you do this, you cannot present the facts in perspective and ultimately, you will find it difficult to build upon your legal submissions. 

    You’ve also represented clients in proceedings under the Insolvency and Bankruptcy Code. How do you approach these cases?

    The IBC is certainly a work in progress and there are several challenges for every stakeholder. Promotors and Corporate Debtors would say that the law is draconian; Financial Creditors would say that they are frustrated with significant costs, delays, and haircuts; Operational Creditors would say that their interests are not adequately protected; Resolution Applicants would say that they do not get the clean slate that they paid for; the Government and Regulators would say that their claims are being undermined; the Tribunals would say that they are flooded with thousands of petitions and do not have the infrastructure they need. 

    While representing clients in IBC matters, your approach depends on the needs of your client. When representing Creditors, your goal is to get the petition admitted expeditiously. On the other hand, when representing Debtors, your goal is to oppose the admission of the petition or at least provide your client some time or leverage to be able to negotiate a favorable settlement. Representing Creditors and Debtors has its own challenges, but like any litigation, implementing a winning strategy requires preparation and experience. 

    Representing clients in commercial disputes is undoubtedly demanding. What does it take to be a good commercial disputes lawyer? 

    Commercial disputes are very aggressively litigated because of the financial stake involved. When the stakes are high, there is absolutely no scope for any weakness or mistakes. Your pleadings and arguments need to be perfect and precise. Achieving this level of perfection is not easy unless you are willing to work towards it. To handle commercial disputes effectively, you need to have a certain degree of business acumen and a good understanding of the industry. Apart from this, you need to have a strong grasp of contract law and procedural law. Your is not only to resolve the dispute, but to do so as effectively and efficiently as possible. 

    Besides litigation, you have extensive experience in advisory work, providing opinions on commercial contracts, regulatory matters, environmental protection, and more. How do you balance the responsibilities of advisory work with the demands of litigation?

    Balancing litigation and advisory can be challenging at times, but both complement each other. I believe that you can give your clients better advice if you have experience of litigating similar issues in court. Similarly, you can represent your clients better in court if you have been part of the transaction at the implementation stage. For instance, while reviewing a contract, a litigator can provide a new perspective on liquidated damages clauses, limitation of liability clauses, non-compete clauses, dispute resolution clauses and so on. Similarly, if you have advised your client when the contract was being negotiated, you have a better understanding of the transaction and the intent of the parties and can provide better representation should the matter go into litigation. 

    In your secondments with GE India and Wrigley India, you took on in-house roles. How did those experiences differ from working in a law firm, and what insights did you gain from those roles?

    There is a world of a difference between working in a law firm and working in-house. The expectations and requirements are very different. Both have their own advantages and disadvantages. To succeed in either role, you require the same basic legal skills, but you apply these skills very differently. The common thread is that, in both cases, your job is to protect the interests of your client. When you are in-house, you have only one client and when you are working in a law firm you have multiple clients. If you understand this, you can easily transition from one role to the other. 

    Working in-house for some time in the early parts of my career gave me great insights into what in-house legal teams expect from their external counsels. I also understood the day-to-day challenges that in-house legal teams face. This is something that many external counsels do not even consider. At the end of the day, we are providing a service to our clients and understanding their challenges and expectations is crucial.

    As an accomplished professional with years of experience, what advice would you give to fresh law graduates who are just starting their careers in the legal field? 

    The cliché advice about hard work and constant learning holds true without exception. Apart from this, fresh graduates should seek out good mentors and actively build a strong professional network. 

    Get in touch with Ankit Parhar-

  • “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

    “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Palash, your journey from assisting your father at the District Court to becoming an Advocate on Record at the Supreme Court is remarkable. What sparked your interest in law despite not initially considering it as a career option?

    I think people can be either destined for something or they can find the determination to get it. The advantages and pitfalls are many and, and yet it can work either way as long as we understand what we must do. I chose to study law and become a lawyer and I had some idea about what to expect. My father is a lawyer too, and he was my first mentor. After I finished high school, I started assisting my father in matters before District Courts. But when it came to choosing a career, neither of my parents persuaded me to study law. In fact, once I got enrolled into the law school, my father told me that he will not have me as a junior and that I had to find my own way. I know his intention was to ensure that I don’t get comfortable with the thought that I can just go back and join him. Sometimes you do better when things are not already decided for you. So, despite law being in my destiny, I chose it and I enjoy it everyday.

    As one explores further and learns more aspects of law practice, the excitement and zeal to learn only grows. But with this excitement, it is also important to remember that our work affects other people. So I try to be punctual at work and make sure to be present in courts whenever a matter is listed. I try to be diligent in preparing my case briefs and be ready to make submissions. For me there was no plan B and so I make sure that I am prepared for the challenges that litigation brings and I stay determined.

    You’ve had the opportunity to work on diverse cases, from representing a leading Infrastructure Company in arbitral proceedings to handling matters related to oppression and mismanagement. Is there a specific type of case or legal challenge that you find particularly stimulating or rewarding?  

    As a lawyer you have to be always ready for a variety of briefs. A new challenge comes with every new case. According to me, the best way to start preparing for a matter is to first read and understand all the relevant provisions of law, the statutory mechanisms, the procedures and the legislative intent of that law. From this, it becomes easier to proceed in the matter. The next step would be to marshal the facts. This enables us to be the master of the brief. If there is a chink in the armor, then we must know it. Unless we have complete control over the facts, there will always be some room for doubt. The best part about law is that it keeps evolving, so we can always read more and improve the arguments. However, the facts remain constant. Knowing all the relevant facts beforehand is not only crucial for the initial stages of a legal dispute, but also for appeals and petitions against a bad order. 

    It goes without saying that every new case is rewarding as it brings new challenges and the opportunity to overcome them. It also brings the opportunity to learn and to be more informed, articulate, and proficient. If you deal in diverse matters, you can draw a corollary from other laws and apply them to the case in hand to compare where the relevant law does not cover a certain aspect. If you know more, you can create a more convincing argument.

    You’ve been involved in a diverse range of legal matters, from commercial litigation to arbitration. When you’re not deep in legal intricacies, what’s something about Palash that people might be surprised to learn? 

    As lawyers, we are required to constantly juggle between courts, conferences, office, and whatnot. Since the time is always limited, we must utilize it properly and wisely. I have been fortunate to work in the organizations where I was given the liberty to set my own deadlines and prioritize my tasks accordingly. This also gives me a chance to keep up with my interests and hobbies. On most weekends, I play cricket or badminton with friends or we just end up spending some quality time with great conversations and movies etc. Being away from the family, this is a great way to feel comfortable in midst of all the stress. During the court vacations, I plan my travels and to try to get away from all this hustle bustle and to just explore places and food! I also never miss the annual “Jashn-e-Rekhta” in Delhi. Something which is surprising about me needs to be asked from my friends and colleagues because I spent most of my time around them so I think they are in a better position to point out something which is not very common about me.

    Being deeply committed to your work, you mentioned missing the football world cup final for your exams. How do you balance your passion for sports, particularly football, with the demands of a legal career?

    As I said, lawyers need to juggle between things and it is not as easy for everyone to find a good work life balance. I have seen my friends working till midnight or after that as well, working on weekends, holidays, festivals and on many other occasions. But I think we can all learn how to manage our time and work. Our profession demands utmost dedication, however, post Covid-19 era, I have realized that deadlines can be pushed when it comes to the health and well-being of a person. I never compromise on my health, but I also never make it a reason for deliberately delaying any important work. There is a difference between needing some personal time and merely making excuses, and I learnt that as soon as I stepped into this profession. 

    Staying involved in sports activities also helps. For me, sports, even if you just watch it, is the best way to release all the work pressure and helps in rejuvenating. I am a football geek. I had planned to watch the UEFA Champions League Final in Istanbul in May 2020 but then Covid-19 happened and it ruined all my plans. Then again, I had planned to attend the Football World Cup Final in Qatar, 2022. This time again my AoR exam was on the horizon and that was of course the priority. The exam was scheduled on the very next day of the Finals between Argentina and France. It was a legendary match and since I had decided not to watch it at all, my phone was flooded with calls and texts from all my friends and colleagues who begged me to just watch the game for some time. I didn’t and I don’t regret that decision as I cleared the exam and became an AoR which is a bigger achievement for me.

    Despite all these, I keep a slot blocked either on Saturday or Sunday first half for the sports be it football, badminton or cricket. I think this much I deserve after working sincerely for the entire week.

    It’s admirable that you take on pro bono matters for those who face financial constraints in seeking justice. Can you share a rewarding experience from one of these cases that left a lasting impact on you?

    One of my seniors during my initial days in the profession told me very frankly that I should start my career by focusing on briefs rather than money. That the money will chase you if you justify the work. I kept his words in mind as I started taking up my own briefs and made sure to never focus on fees or ask for it before understanding the matter as well as the client. Someone once referred my name to a daily wage earner from a small village in Uttar Pradesh and told him that I won’t charge too much for his case. When I met that person, he told me how he had lost his child due to electrocution and the police had filed a closure report in the matter. He was desperate to be heard and so he offered some money in advance hoping to persuade me to take up the matter. I told him that I will take it once the matter progresses. In the end, we succeeded before the court and the person came back for my fees. I politely declined and told him to use it for his betterment. To this day, that person has referred numerous other briefs from his locality, and I think in a way, the advice from my Senior has really paid off. Also taking up a pro bono matter makes us understand the ground reality of the justice system in our Country. Not everyone can afford to engage big law firms and big counsels for their matters and the cases, despite being genuine, suffer due to the complex legal system and lack of resources. Every once in a while, if we can give them some representation and put our equal efforts for their best interest, we will understand why this is a noble profession. At the end of the day, everyone is entitled for just and fair legal assistance and as a lawyer I feel it is my duty to perform my part by doing whatever it takes and to the best of my abilities.

    In addition to your legal pursuits, you’ve been associated with different law firms and chambers. How do you define the role played by the chamber/firm/offices in shaping your career?

    I have worked with different organizations wherein I have worked for various clients. In this profession, working in a law chamber is very different from the firms. All these organizations have their own practice, procedure, work culture etc. which helps us to realize what is a best suited environment for us. This has played a very crucial role in my career as it helped me to decide how I want to proceed in the profession. Unfortunately, I have not worked with a Tier 1 firm but the boutique firms and law chambers have given me my career objective. My inclination was always towards the law chambers as they never had any specific or dedicated team for a practice area which helped me to have diverse cases and to be very frank and independent to appear, argue and appeal (in case anything goes wrong). I am grateful to the chambers where I have worked because there only, I realized my potential, my zeal and enthusiasm towards this profession. By no means I am trying to dishonor the working environment of the firms but I am just explaining how I have realized what is going to be the best recourse for my future.

    As someone who has cleared the Advocate on Record examination on the first attempt, what advice would you give to law students or aspiring lawyers who are navigating their early years in the legal profession?

    I always feel that I have always benefited from the advice and guidance of my Seniors in this profession. One has to grasp the good qualities from their Seniors which had benefited them in the profession. I still remember that during the initial days in the profession my Senior told me that I have to be thorough with the brief even if I have to take an adjournment in the matter. This helped me a lot as whenever I entered any court, I used to have my brief and a brief note on the matter so as and when if the judge is asking about the matter or even a date of event, I am in a position to answer the same without any hesitation and it will give an impression that the adjournment has not been sought just to delay the matter. Another piece of advice I received from my Senior was not to waste time while waiting for your matter in court. I was told to observe and hear the arguments in the court and see how different lawyers come up with their own strategy for making submissions and bringing fresh judgments which I might find useful in near future. This was immensely helpful during the preparations for the AoR exam as well. While I was preparing, I was hard pressed for time due to the ongoing matters, drafting etc. so I decided while waiting for my matter in court I will start making notes of the submissions of the lawyers to speed up my writing skills. In the end I feel that it worked to my advantage. 

    Get in Touch with Palash S Singhai-

  • “As far as the ever evolving legal landscape is concerned, young professionals have wonderful knowledge management resources in the form of legal news portals and online workshops”-Mrinmoi Chatterjee  Advocate on Record

    “As far as the ever evolving legal landscape is concerned, young professionals have wonderful knowledge management resources in the form of legal news portals and online workshops”-Mrinmoi Chatterjee  Advocate on Record

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

    Can you share the story of how you chose to pursue a career in law and specifically how you ended up becoming an Advocate on Record at the Supreme Court of India?

    I was always fascinated with law and the working of courts. My father being a member of Rajasthan Higher Judicial Services also naturally fuelled my inclination towards law. However, as it is with most people, it was not my first choice. I was preparing for engineering entrances and even scored well in some of them. But when I got through in CLAT, I wholeheartedly chose to join National Law University, Patiala, Punjab where I spent the most important five years of my life. 

    During my third year, I was fortunate to intern with Ms. Shobha, a distinguished Advocate on Record at the Supreme Court. This particular internship completely changed my perspective and helped me develop a keen interest in the practice of law, especially, at the Supreme Court. By the time I finished college I couldn’t wait to get my bar license and come to Delhi. 

    I immediately joined the offices of Ms. Aishwarya Bhati in 2014. I was fortunate enough to get invaluable opportunities to work on important legal matters, appear with and assist Seniors in the Supreme Court. Subsequently, I transitioned to the Delhi High Court where I learnt the ropes of original side work under the mentorship of Ms. Mrinalini Sen. The comprehensive exposure to various judicial fora, including district courts and tribunals, during my juniorship, significantly enriched my professional acumen. 

    With the blessings of my mentors and a couple of briefs in my repertoire, I went into independent practice in 2017 and set up my own office. As soon I became eligible to write the AOR examination, I diligently started preparing for it. However, on account of Covid-19 pandemic, AOR exams were rescheduled twice and came to be scheduled in December. It was extremely challenging to prepare and sit for the exams while also maintaining a running practice. However, all the hard work paid off and I was able to fulfil the dream I had since my third year of college. 

    With over nine years of experience in handling multifarious litigation, could you highlight a pivotal moment or case that significantly shaped your career as an advocate?

    I was fortunate to receive a number of opportunities wherein my seniors and mentors gave me a lot of freedom to independently draft, file and argue matters. The trust reposed by my mentors helped me develop the confidence to venture out on my own. I started taking on independent briefs from the beginning of my practice and achieved several wins, but one matter which will be close to my heart was a pro bono matrimonial matter for maintenance under Section 125CrPC. My client had been suffering from cancer but was extremely diligent in providing inputs and following up with her case. It was one of the first matters I did as an independent counsel where I conducted the entire trial by myself and eventually was able to get maintenance not only for her but even her major but dependent son. 

    Recently I was able to secure notice in a pension matter of a retired government officer from the Supreme Court. Another pivotal moment has been very recent wherein I was able to secure quashing of criminal proceedings as well as divorce under Article 142 from the Supreme Court for my client. 

    Your practice spans across various forums, including the High Court of Delhi and the Supreme Court of India. How do you navigate the unique challenges posed by different legal environments and what strategies do you employ to ensure success across these diverse platforms?

    Throughout my extensive legal practice across various courts in Delhi, I’ve come to realize that while the fundamental values of the judicial system and an Advocate’s preparation remain constant, the strategies employed must adapt to the distinct practices and procedures of each court. For instance, when dealing with the Supreme Court in a Special Leave Petition under Article 136, the focus lies in crafting a precise synopsis that highlights relevant legal points due to the limited scope. Miscellaneous days demand a quick-witted approach, as benches pose pointed questions, necessitating a thorough understanding of the case. Conversely, in Writ Petitions, where more time is allotted for arguments, a different presentation strategy is required. In trial courts, adherence to statutory timelines, rules of evidence, cross-examination, and knowing the procedural law thoroughly is imperative. My diverse experience has enabled me to tailor strategies on a case-by-case basis, involving clients in the decision-making process. Recognizing the importance of client inputs, particularly in matters of equity, underscores the necessity for effective communication. Staying updated with relevant cases, understanding the court dynamics, and maintaining a positive mindset are integral to my approach.

    Given your specialization in Commercial Litigation, Debt Recovery, and Litigation Management, can you elaborate on your approach to handling complex cases involving corporates and companies, especially with a focus on debt recovery?

    In handling complex cases involving corporates and companies, particularly with a focus on debt recovery, my approach centres on meticulous case analysis, client consultations to align legal strategies with business objectives and strategic planning tailored to each case’s unique aspects. I prioritize alternative dispute resolution (ADR) mechanisms to expedite resolutions and maintain effective client communication. Staying abreast of industry regulations and providing timely and relevant inputs to devise precise legal strategy is also key. Ultimately, my goal is to secure favourable outcomes for clients while upholding the highest standards of professionalism.

    You mentioned taking up pro-bono cases and providing legal consultation to those in need. How do you balance your commercial practice with pro-bono work, and what drives your commitment to providing legal assistance to those who may not afford it?

    Managing the balance involves meticulous time management and a strategic approach to workload allocation. I prioritize pro-bono cases that align with my expertise and can make a significant difference in someone’s life. While commercial cases may demand substantial attention, I allocate dedicated time and resources to pro-bono work, treating it with the same level of professionalism and commitment.

    As an aspiring speaker and mentor, you’ve presented at webinars attended by law students and legal professionals. What topics do you find most important to discuss with aspiring lawyers, and what advice do you typically offer to those entering the legal profession?

    I implore young professionals who are keen to learn the ropes to first conquer good drafting skills, which is the most important aspect of litigation which sets you apart from the competition. Sadly, university education hardly focuses on practical aspects of drafting. Second most important would be to maintain strong work and legal ethics without which it is difficult to build credibility with clients as well as mentors. Third would be to remain reasonably updated about the working of practice and procedure of different courts which builds confidence and independent thinking; and lastly to make lots of friends, develop strong relationships and have fun while you are at it. 

    Expanding your practice to the Rajasthan High Court at Jaipur indicates a dynamic multi-state approach. Could you share the challenges and opportunities you anticipate in creating and sustaining a multi-state practice?

    I have had the opportunity to appear before the courts at Rajasthan and collaborate with like-minded advocates which inspired me to expand my practice across jurisdictions. While there are inherent challenges, including adapting to divergent legal procedures, different client needs and logistical challenges, however, this expansion also brings forth significant opportunities for growth and networking. During the past years I have developed strong professional relationships which will help me overcome these challenges significantly. Additionally, key to growing any practice is meticulous planning and organizational efficiency. I am sure it would be an amazing opportunity for personal and professional advancement. 

    Lastly, drawing on your extensive experience, what advice would you give to fresh law graduates aspiring to build successful careers in law, especially considering the evolving landscape of legal practice in India?

    Every person who enters practice understands litigation differently based on their personal experiences, ambitions and capabilities. Strong work ethic and continuous learning are the basics, while, the more you work on upgrading your knowledge and skill, the more it will help you flourish. 

    However, it is indeed a very tough profession, a very long and arduous journey. I learnt really late that one should prioritize their mental and physical health to be able to survive and thrive in this profession. Fresh law graduates should learn to manage stress in positive ways and must aim for personal growth besides just professional growth. 

    As far as the ever evolving legal landscape is concerned, young professionals have wonderful knowledge management resources in the form of legal news portals and online workshops. Moreover, virtual courts, live streaming of constitution bench matters and open access to supreme court judgments are some of the recent welcome steps which can ensure easy access to learning. Fresh law graduates should not feel overwhelmed by the constant information overload by making reading and writing on legal issues a part of their daily or weekly schedule.

    Get in touch with Mrinmoi Chatterjee-

    • “A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability”- Dr. Farrukh Khan, Partner at Diwan Advocates

      “A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability”- Dr. Farrukh Khan, Partner at Diwan Advocates

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

      Can you share with us your journey into the field of law, from your early education at Aligarh Muslim University to obtaining a Ph.D. in Law from Sai Nath University? What motivated you to pursue such a diverse range of legal experiences?

      It was never in my plan to become a lawyer. After completing my High School in the year of 1999, I had the option to choose between the streams in either Science or Commerce, however, I opted for Commerce stream and completed my higher secondary. Thereafter, I was all set to opt for B.Com. and was even selected for the said course, however, upon the insistence of one of my friends, I sat into Entrance for B.A.(LLB) and was fortunately selected. The interesting part is that my friend, who had also appeared for said B.A.(LLB) Entrance, was not able to make it to the final list and was put on the waiting list. He was also on the waiting list in B.Com. Thus, it was resolved amongst us that in whichever course, his waiting list is cleared, I will go for the said course.

      A very interesting aspect is that although we both did our law from the faculty of law at AMU, yet, while I joined the profession, he opted to do M.B.A. in Singapore and is now working with a Singapore based Company in the management sector. I topped the first and second semester of B.A.(LLB), however, while I was in third semester, I was framed and suspended by the Proctorial Department of University in a case related to student protest. This particular unfortunate development, which has led to a paradigm shift in my thinking, I, simultaneously, deviated from my academics and turned out to be a full time student activist. At that time, the student union at AMU was defunct so I led agitation for its restoration. The agitation was successful and the student union was restored. 

      It is important to note here that to the best of my knowledge, the student union of AMU is the only student union in India, which has its existence in statute i.e. AMU Act, 1920. I am telling all these for a simple reason that my period as student activist and later on, I, being elected as honorary secretary of AMU Students Union by record margin till date, actually honed my skills of public speaking, which is now paying dividends and helps me a lot in my legal profession as an advocate. I completed my B.A.LLB in the year of 2007 and joined the profession. My LL.M. and Ph.D. were completed whilst I was also practicing. Fortunately, in those days, that was allowed. Therefore, my advent into the legal profession was purely accidental, it was never planned, however, as destiny would have it, I became a lawyer.  

      As the Managing Partner of Diwan Advocates, you’ve been involved in various aspects of law, including corporate, commercial, intellectual property, and civil matters. Could you highlight a specific case or project that stands out as particularly challenging or rewarding in your career?

      As an advocate for the last 16 years, I have been fortunate by the grace of Almighty to handle a diversified range of litigation, right from hardcore civil, criminal, corporate & commercial to intellectual property rights and so on and so forth. For a lawyer, every case which he/she handles is very special. However, since you have asked about a particular case, which has been challenging or rewarding, therefore, I would recall a case, where I was appointed by Hon’ble Delhi High Court as Amicus Curiae during the peak of Covid-19 pandemic. The said case was widely reported in the media. It was a case of a widow of the deceased, who was from Himachal Pradesh and while working in Saudi Arabia, he died. Despite the deceased being Hindu, due to certain mistakes on the part of the Indian Embassy and the officials based there in Saudi Arabia, he was buried as per Muslim rituals and customs. The widow, therefore, had approached Hon’ble Delhi High Court by filing a writ petition seeking direction to the Union of India for ensuring repatriation of mortal remains of the deceased.

      It was a very challenging case, since the directions only to the concerned officials of the Union of India would not have yielded any result since the mortal remains were to be repatriated from a foreign country and such case was unknown to that country as it did not have any prior history of such exhumation of mortal remains. Despite all these challenges, Hon’ble High Court took up the matter and during the course of the proceedings, I was appointed as an Amicus Curiae in the said matter. It was a time of enormous difficulty as Covid-19 pandemic was at its peak and the movement was restricted. Upon being appointed as an Amicus Curiae, which was then for the first time in my entire career, I was a bit nervous since I did not know what had to be done. However, I started collating all case documents and used my AMU related network to find out persons who are based out in Saudi Arabia so that they could render some assistance.

      Saudi Arabia, at that point of time, was also engulfed and confronted with Covid-19 pandemic and the mobility was also limited. However, one of my old friends, after understanding the matter, assured me of his help and he travelled from a far distant city of Saudi Arabia to the concerned hospital where the corpus was kept before its burial for tracking of relevant records. It was learnt by my friend, who later informed me that Saudi Arabia maintains the geo-tagging records of all the graves. Fortunately, with the help of technology, it was revealed that the deceased was buried in which particular grave. 

      After the above mentioned turn of events and initial breakthrough, the challenge was how to assist the Hon’ble Court to pass the appropriate directions to the concerned person back at Saudi Arabia since it was legally impossible. Accordingly, upon suggestion being made to the Hon’ble Court, the Hon’ble Court was pleased to request the Embassy of Saudi Arabia at New Delhi to explore the options. Simultaneously, directions were also passed to the concerned officials of Government of India to coordinate and facilitate the entire process of exhumation and repatriation of mortal remains.

      Last but not the least, after day to day hearing, which had transpired in the said matter, Union of India, under directions of the Hon’ble Delhi High Court, was successful in convincing the officials of the Saudi Arabia for exhumation of the mortal remains and same were repatriated to India by Charter Flight and were then sent to deceased’s native town in Himachal Pradesh, to fulfill the last rites. Appropriate compensations according to the policy of the Union of India and the Government of Himachal Pradesh were also awarded and the Hon’ble Court ensured that the said compensation is timely remitted to the bank account of the widow of the deceased. The aforesaid facts pertaining to the said case, seemingly straightforward, posed a significant challenge for me. Nevertheless, despite the complexity, I successfully contributed to the entire process with God’s grace.

      Your work experience extends internationally, including roles in Qatar and as a Legal Advisor to a Spanish corporate conglomerate. How has working in different cultural and legal environments shaped your approach to legal practice, and what unique challenges have you faced?

      I completed my B.A.(LLB) in the year of 2007 and got enrolled with the Bar Council of Delhi. Thereafter, I joined a reputed trial lawyer at Patiala House Courts, New Delhi. However, given my political ambitions, which were always at forefront, on account of I having served the student union as honorary secretary, my family was apprehensive that I might leave the profession and could join politics, the idea which my late mother had always resisted. Sensing this, my elder brother, who was working in Doha, Qatar, through his network, got me placed at an IP Law Firm in Doha as assistant paralegal. Though I was reluctant, yet, I joined as a trademark assistant paralegal and started working, where I was soon promoted from trademark assistant paralegal to junior associate in the said law firm.

      Thereafter, I changed my job and joined a leading real estate conglomerate in Qatar as their legal officer. The said real estate conglomerate was expanding its business operations in Spain. I was also appointed to look after the legal matters related to the said Spanish expansion of the said company.

      I spent nearly two years working abroad, and I found the work environment to be more flexible compared to what we typically experience in India. In those jurisdictions, lawyers rarely face the intense pressure and tight deadlines that are common here. The majority of litigation cases were of a commercial nature, as criminal matters were exclusively handled by Arabic-speaking lawyers.

      Despite the language barrier, the atmosphere was friendly, and I had the opportunity to collaborate with professionals from various countries, spanning from the Middle East to North America. They were cooperative, providing valuable assistance in training and mentoring me. My main challenge was my reluctance to learn the Arabic language; however, I was fortunate that commercial related legal aspects were conducted in English, allowing me to navigate and succeed in that environment. 

      Given your extensive experience in handling high-stakes litigation, could you share insights into a notable case where you successfully defended a client, whether it be a private corporation or a governmental agency, before the courts?

      In reply to this question, I would say that I have defended several private entities and corporations in high stake litigations. One case involves the matter that I was handling before the Hon’ble Allahabad High Court at Lucknow Bench. In the said case, the developer was allotted land by an instrument/agency of the State of Uttar Pradesh. Thereafter, the developer, after complying with all the procedures, started developing the said land and have almost sold the entire inventories in the said project. The moment when the construction and development works over the said land became noticeable, an agitation in the name of farmers grappled with the said project.

      The state machinery failed to protect the interest of the developer and approximately 1500 homebuyers who were associated with the said project, who turned out to be the collateral damage. Hence, we approached the Hon’ble Allahabad High Court at Lucknow Bench by filing the writ petition. The matter was contested by the erstwhile landowners and the role of the State was not more favorable. However, the matter proceeded for hearing and thereafter a detailed judgment was passed.

      By that time, the developer I represented was on the brink of bankruptcy, primarily due to personal circumstances and other compelling factors. Though I did not have any privity or any relationship with any of those homebuyers, yet, they started contacting and asking me to find some solutions so that the developer’s and homebuyers’ rights and interests could be secured. I told them categorically that there is conflict of interest and I cannot act against the interest of the developer. Nevertheless, I endeavored to address the conflicts and discrepancies that regrettably arose between the developer and homebuyers. In pursuit of resolution, multiple rounds of negotiations took place, with approximately 500-700 homebuyers attending each meeting, and I had no option but to navigate and lead the matter.

      The trust and confidence that the homebuyers placed in me is something unforgettable in my life. Despite being the counsel for the developer, they consistently relied on me. In the meantime, the Hon’ble Court allowed the said writ petition. Since the State machinery was not implementing the direction as passed by the Hon’ble Court, we approached the Hon’ble Court again by way of a criminal contempt petition against the then concerned officials. During the contempt proceedings, the senior officials were summoned before the Hon’ble Court and following a stern warning from the Hon’ble Court, the encroachment on the specified land was eliminated. Further, the developer, upon my persuasion, inducted some other partner who was flushed with liquidity. Collectively, these measures successfully addressed all concerns between the developer and the homebuyers. As a result, the project was not only built and developed but also delivered, with over 200 homebuyers currently residing in the completed development. Despite the passage of almost 7 years, several homebuyers and residents of the said flats continue to reach out to me through messages and calls. They maintain a friendly demeanor, treating me as if I were a part of their family. Moreover, numerous individuals extend invitations for me to attend events at their homes. The meaningful connections and relationships I created with these homebuyers are truly gratifying. As a lawyer, I often say that while we can attain financial success and recognition, the profound satisfaction of cultivating enduring relationships with clients, even after concluding a case, and being regarded as a trusted friend or family member is immeasurable. 

      In your role as a Corporate Legal Advisor for “The Wall Holdings” in Qatar, you oversaw legal aspects related to finance, construction, corporate, and commercial operations. How did this experience differ from your work in India, and what valuable lessons did you draw from it?

      The work which I was entrusted with while working in Qatar, was of non-contentious nature and was purely transactional works. Since I was not allowed to appear before the courts at Qatar, my duty was only confined to the preparation of cases and drafting of pleadings. While my responsibilities in Qatar were focused on contracts, opinions, due diligence, and other related advisory tasks, my work in India predominantly involved contentious matters, with a primary emphasis on litigation. Nevertheless, I have consistently maintained my relationship with non-contentious and transactional works. I believe that the amalgamation of my experiences in both contentious and non-contentious realms has endowed me with a wealth of valuable insights. The knowledge gained from my endeavors in Qatar significantly aids me in formulating effective defense strategies in litigation and delineating the line of attack in litigation. 

      With your involvement in intellectual property matters, especially at Aramarks Intellectual Property, could you discuss the importance of intellectual property rights in today’s globalized and technologically advanced business landscape?

      Intellectual Property, more particularly, Trademarks are very close to my heart. Actually, you would not believe it but when I was working at Aramarks as Assistant Trademark ParaLegal, I have always dreamt to be an IP Lawyer and even when I rejoined the profession by end of the 2009, I had this planning at back of my mind that I would only work for IP litigation and other non-contentious IP related tasks. However, the challenges for the first generation lawyer, that too, coming from a very remote area of Bihar and trying to survive in the cosmopolitan city like New Delhi are of different magnitude. I was getting less IP Works, therefore, I decided to venture into other aspects of litigations and as the luck would have it, cases of different and diversified nature started coming in, and gradually I started developing as a lawyer and the journey still continues till today and I pray to mighty that it continues till I am alive. 

      As someone passionate about interacting with law students, could you share an impactful piece of advice you received early in your career that has guided you, and how would you advise fresh law graduates entering the field today?

      Interacting with law students is my passion. Since I have been a student activist and student leader during my University days, therefore, when I go amongst them, I still find myself as young as I was in those days. I prefer not to lecture; instead, I aim to listen to them—embracing their questions, anxieties, and experiences and try to answer them from my own experience with this caution that solution and the respective problems pertaining to every person are not identical and anyone who tries to pick a ray of hope from others’ solutions should always be cautious that what has worked for ‘A’ could not work for ‘B’.

      Therefore, customization of solution of problems is must according to anyone’s personal needs. For fresh law graduates, since I am an intense litigator, therefore, I advise them to come to litigation and in these aspects, I am a little selfish, I will confess. It does not mean that I am against fresh law graduates going in the corporate or for in-house jobs, however, I always believe that even if a fresh law graduate wants to shape his/her career in corporate- for some initial years, he/she must come to the trial courts because the experience which you get in the trial courts cannot be developed in any other colleges/institution or even in the superior courts. The challenges which a fresh law graduate has to confront within the trial courts, actually strengthen his/her potential and that strength, which could only be developed at the initial stage of the career, is something to reckon with. 

      Your career spans various sectors, including technology, media, telecom, and pharmaceuticals. How do you stay abreast of the rapidly evolving legal landscape in these industries, and what advice would you give to legal professionals looking to specialize in dynamic sectors like these?

      Specialization in the legal sector or legal industry is evolving in India. However, being a hardcore litigator, I have quite an unpopular opinion. I believe that any litigation must have potential and caliber to handle any sort of litigation, for whatever he/she is entrusted with. Why I say this is because even judges who are there to adjudicate upon such specialized disputes are not specialized persons. Specialization of subject does not mean that for any contract or construction related dispute, only an engineer who has turned out to be a lawyer can handle the case or a person coming from a pharmaceutical background can handle a pharmaceutical related IP matter. Laws in India, in my humble opinion, are intertwined and interconnected. If one is an IP Lawyer, he must know the basic nuance and must be trained in civil litigation. The edifice of any IP litigation would be the CPC. What I have seen unfortunately is that fresh law graduates who want to go for specialization are lacking in procedural law and it is not good development for the legal profession in our country. That being said, if somebody wants to handle the special segment of a case aka specialization, in my opinion, that person, at least for 10 years, should work in every branch of law so that after 10 years he/she could caste a niche for himself/herself, and thereafter could shape his/her career. 

      I am not saying these all out of the context. Let us take examples of legends in our profession, such as the late Mr. Setalvad, the late Mr. Daftari, the late Mr. Ram Jethmalani, and even in the current generation, Mr. Kapil Sibal, Dr. Singhvi, Mr. Mukul Rohatagi, Mr. Arvind Datar, and the list goes on. They possess the ability to handle any legal matter on any subject and can effectively present and argue the matter before the courts. Thus, the specialization in the legal field has to be multi-dimensional. A lawyer, apart from a good strategist, must be a good story teller and must possess the art of presentability. A lawyer, in my opinion, must develop the art of re-calibrating himself into the spur of the moment so that whatever the challenges are, he/she can face the same with calm and politeness.

      Get in touch with Dr. Farrukh Khan-

    • Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

      Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

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

      Could you please share about your formative years of litigation practice in the Supreme Court?

      In 2007, after enrolling as an advocate, I set off from Kerala to Delhi with only 5,000 rupees in my pocket, driven by burning determination and dreams in my eyes, all in pursuit of my aspirations. The metropolitan city was new, the people were unknown, my Hindi language skills weren’t fluent, adapting to the fast-moving culture proved challenging, extreme weather posed difficulties, housing rents were high, and adjusting to North Indian food was tough. Moreover, at that point, I didn’t know a single person in the legal circle in Delhi. Despite all odds, I managed to survive.

      Fortunately, a friend referred me to a Supreme Court lawyer, leading to opportunities to work with two leading law firms in the Supreme Court. I am grateful to my mentor, Mr. Anand Sanjay Nuli, the founder of the law firm Nuli and Nuli. In a short period, I immersed myself in the intricacies of litigation practice, becoming familiar with the procedures of most courts and tribunals in Delhi.

      Starting to receive cases from my home state of Kerala, I launched my independent practice in 2012. Following my successful clearance of the AOR exam in 2015 on my first attempt, I never looked back: my contacts multiplied, cases poured in, and my workload increased day by day.

      Your legal journey has spanned from handling cases in the Supreme Court to contributing to legal academia. What motivated you to pursue both active litigation and a role as a Visiting Faculty at various law schools? How do these two aspects complement each other in your professional life?

      While pursuing an LLM from Amity University, several friends encouraged me to take the UGC-NET exam and fortunately, I cleared it in 2015. Technically being qualified as an Assistant Professor ignited my interest in academia and led me to take up teaching assignments in law schools and business schools.

      Active litigation challenges me to stay current with legal developments and sharpens my analytical skills. It offers real-world experiences I bring to the classroom, giving students practical insights beyond theories. Simultaneously, academia allows me to delve deeper into legal theories, engage eager minds, and contribute to shaping future legal professionals.

      Teaching keeps me intellectually engaged, refines my communication for the courtroom, and broadens my perspective through a constant exchange of ideas. This synergy between litigation and academia enriches my understanding of legal concepts and enhances my effectiveness both as a lawyer and educator.

      Your involvement in drafting Private Member Bills is noteworthy. Can you share a bit about the inspiration behind bills like the Anglo-Indian Welfare Bill and The Waste Management and Recycling Bill?

      I provided advice to several Members of Parliament (Lok Sabha), irrespective of their political affiliations. During this time, the Lok Sabha MP named Dr. Richard Hay expressed a desire to address the unique needs and concerns of the Anglo-Indian community within the legal framework. This community possesses a distinct cultural identity and faces challenges that may require tailored legislative attention.

      Another legislative initiative involved waste management, aiming to align India’s practices with cleaner standards akin to Western countries. The inspiration behind The Waste Management and Recycling Bill stemmed from the urgent need to address environmental concerns, specifically focusing on efficient waste management and promoting recycling practices. Extensive research on similar laws in other countries formed the foundation for drafting these bills.

      Both Private Member’s Bills were introduced in different Lok Sabha sessions, and I felt immensely gratified and proud to have had the opportunity to apply my legislative skills to these initiatives. Dr. Richard Hay later expressed gratitude in his book, acknowledging the significant role I played in the formulation of these two Bills—an overwhelmingly fulfilling experience for me.

      As an advocate-on-record with a focus on election laws, you’ve completed a Ph.D. in the same field. What prompted you to delve into this area, and how do your academic pursuits enhance your ability to navigate complex legal issues in electoral matters?

      Firstly, I completed my LLM in Constitutional Law. Secondly, while advising a few Members of Parliament, I became increasingly fascinated by the captivating nature of election laws due to their intrinsic connection to democracy, governance, and the fundamental rights of citizens. Both these led me to choose a PhD topic focused on the critical study of statutory provisions and judicial decisions regarding hate speeches for electoral gain.

      Besides, my decision to specialize in election laws stems from a profound interest in upholding democratic principles and ensuring fair and transparent electoral processes. Academic pursuits in this field significantly enhance one’s ability to navigate complex legal issues in electoral matters. Researching and studying electoral laws at an advanced level equips individuals with a comprehensive understanding of election procedures, electoral disputes, and policy insights, providing an edge in handling intricate electoral legal issues.

      Winning the Family Medicine Advocacy Award in 2019 is a unique accomplishment. How has your legal work contributed to the cause of family medicine, and what role do you see for lawyers in advocating for broader societal issues beyond the courtroom?

      The award, conferred upon me by the Academy of Family Physicians of India (AFPI), recognized my efforts in advocating for the establishment of a separate department of family medicine in all hospitals and incorporating a course on family medicine into the MBBS curriculum through a Writ Petition filed in the Supreme Court. Consequently, the Court directed the Union of India to make an appropriate decision, which ultimately resulted in a positive conclusion. This decision significantly benefited family medicine practitioners and millions of our countrymen by supporting accessible and quality healthcare.

      Lawyers can play a pivotal role in advocating for broader societal issues beyond the courtroom through various means. One such avenue is policy advocacy, wherein lawyers engage in lobbying efforts and collaborate closely with policymakers to shape laws and policies addressing social justice, human rights, environmental sustainability, healthcare, education, and more. Another effective approach is filing Public Interest Litigation (PIL) or representing marginalised groups, NGOs, or individuals in legal cases that challenge unjust policies, protect civil liberties, and seek remedies for systemic issues. Other impactful methods include legal education and empowerment, raising public awareness through media, Corporate Social Responsibility (CSR), conducting research, and providing data-driven solutions for societal challenges.

      Overall, lawyers serve as advocates, advisors, educators, and catalysts for societal change. Their expertise in law and understanding of legal systems position them as crucial agents for advocating broader societal issues, striving to create a fairer, more just, and inclusive society.

      You’ve been involved in some ground-breaking Constitutional Bench cases. Can you share a moment from your career that stands out as particularly impactful or challenging?

      Several cases I handled were notably challenging, with two among them considered landmark judgments. One instance involved the judgement pronounced by the Constitution Bench in the Sabarimala temple case, permitting women’s entry into the temple. In this case, I filed the petition on behalf of the royal family of Pandalam who constructed the Lord Ayyappa temple at Sabarimala, advocating for the continuation of tradition. This decision caused significant upheaval in the state of Kerala. Another significant case was a Constitution Bench judgement that decriminalized the provision of adultery i.e., Section 497 from the Indian Penal Code (IPC). I filed a Writ Petition representing an activist named Joseph Shine. Both of these cases are widely regarded as landmark judgments.

      One instance that I can’t forget in my career was the research and drafting that my legal team did challenging the Citizenship Amendment Act (CAA) in the Supreme Court on behalf of one Member of the Parliament named T.N. Prathapan. We completed the same in just a matter of 6 hours starting from 1:00 am till 7:00 am. That night was a marathon, intense and unforgettable.

      The list is endless, encompassing various subject matters of law—ranging from service jurisprudence to environmental laws, civil remedies to criminal matters, constitutional issues to corporate advisories, arbitration proceedings to family disputes, and more. I am thankful to my colleagues Mr. Vibhor Ahlawat, Ms. Vijayalakshmi Raju, Ms. Somlagna Biswas, Ms. Deepika Singh, and Ms. Disha Puri for their relentless efforts and contributions, without which I can’t be where I am now.

      Beyond the courtroom, we know you’re into Artificial Intelligence and enjoy a game of online chess. Is this your way to unwind or do you have different hobbies that help you relax and recharge?

      For the past few years, I have immersed myself in reading about Artificial Intelligence (AI). In the realm of litigation practice, embracing technology, especially AI has become increasingly essential. My focus lies on advocating for ethical AI, a concern that unfortunately garners attention from only a few.

      Additionally, I am deeply intrigued by billionaire stories. I used to watch their interviews that reveal their tales spotlighting resilience, innovation, and their strategies for success. Exploring their stories unveils their mindsets, work ethics, and pivotal choices. It’s not just about wealth, but also their visions, failures, and societal contributions, making their journeys both compelling and relatable.

      Being a Visiting Faculty at various law schools, what motivates you to engage with the next generation of legal minds? Any advice for budding lawyers based on your experiences?

      Interacting with budding legal minds as a Visiting Faculty is profoundly fulfilling. The drive behind this engagement springs from a fervent passion for imparting knowledge, moulding future legal luminaries, and witnessing their transformative journey. It’s truly inspiring to play a part in the growth of the next generation, fostering and guiding them through the intricate pathways of the legal world.

      My advice to budding lawyers: embrace lifelong learning; hone communication skills; uphold ethical standards all the time; build a strong network; prioritise clients over your personal and political inclination, and be anti-fragile. Always, embrace technology and AI-driven solutions in litigation as well as non-litigation. That’s the future.

      Get in touch with Suvidutt Sundaram