Super Lawyer

Tag: Commercial Law

  • “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-

  • “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

    “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

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

    Sir, could you please share with us what inspired you to pursue a career in law, and how did your journey into legal practice unfold, especially in economic offenses and commercial dispute litigation?

    I hail from a small village in Bihar and hence my dreams were also moderate. Engineering and UPSC are the most popular options in Bihar as many of the locals perform well in these exams. I was too striving to become an Engineer, however the turning point for me was when I visited my uncle in Delhi who practices as a lawyer in the Supreme Court of India as an AOR. I was enchanted by his work on complex legal issues which created lasting imprints on my pristine mind. My Uncle also advised me to opt for a career in the field of law and with his guidance I took my leap into this exciting world of legalese. 

    Being garrulous by nature it seemed like a fish finding its natural waters and felt comforted by the mentor from my family who could always guide me past all obstacles that I may encounter charting this unfamiliar terrain. I was charmed by the interaction with a few senior advocates and their view on contemporary issues from the legal point of view which was on a much higher pedestal than many other professions and also afforded me the visibility which was missing in other professions.

    The rest of the things then fell into place with single-minded dedication and persistence in clearing the CLAT examination and opted for the curriculum at NIRMA University, Ahmedabad, where the set-up was quite rewarding in terms of the constant encouragement by the Professors and a competitive batch of students who would challenge me to excel and hone my skills. 

    Economic offences and commercial litigation seem to be the growing albeit nascent field of litigation and have become a natural choice for any newcomer who seeks to grow at an accelerated pace.

    Your focus area involves economic offenses, including matters related to the Prevention of Money Laundering Act, Prohibition of Benami Property Transactions Act, and more. What drew you to specialize in this particular field, and what challenges do you find most intriguing in handling such cases?

    With the opening of the Indian Economy and integration with the world economic systems, the intricacy of financial matters has acquired greater complexities, and it is important to delve into the nuances of trade and ensure compliance with the rules and regulations of the countries where they impact. Digitisation and internet connectivity have eased vigilance and tracking and often people get trapped into the web of deceit/conundrum of litigation which vexes the common man and in order to aid and assist them a legal professional is well suited to advice and counsel business professionals to safeguard their interest.  

    Increasingly the burden in litigation is being shifted onto the defendants and well-trained legal minds come to their rescue. Economic offences are the sunrise sector of litigation and hence attract young minds like a bee to the flower for its nectar.

    You’ve transitioned from being associated with law firms to establish your independent practice. Could you tell us about the pivotal moments that led to this decision, and how has the experience been as an independent legal practitioner?

    One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course. I have always chosen to associate with firms that have no restrictive working conditions to hamper my independent practice. In this process, I have lost vital aspects of stability and study earnings with a top-tier law firm, but the confidence gained while straddling two boats has been a fair bargain in my assessment. It is akin to being a co-pilot who after filing in the requisite hours of flying is qualified to occupy the chair of the commander of his own craft.

    Nothing is gained without experiencing its share of struggle and the initial formative years shape our destinies. Every young professional is like a diamond which must undergo its share of being cut and shaped by circumstances and chiselled by the artisans who mould them, and I count myself lucky that I got picked by the sharp intellects who are luminaries in their own right and illumine the path for me. I also feel redeemed and gratified when I do pro-bono matters which satisfy not only the mind but also the heart which makes this profession endearing and noble. 

    Your professional journey includes representing clients before various courts and tribunals on diverse matters. Can you share an experience of handling a particularly challenging or high-profile case and the lessons you learned from it?

    With God’s grace and the blessings of my mentors, I have had multiple opportunities to assist in several high-profile matters. It is my belief that every matter imparts a new learning and everything that augments my knowledge is to be counted as high profile as it has uplifted me from the lower echelons to the next level.

    I take pride in all the matters that are assigned to me and am committed to giving it my best regardless of the outcome. The end result may not always be to our expectation, since the judges have a mind of their own, but our conscience should not bite us for having left any stone unturned. One hallmark of professional integrity which I strive for is to put the best foot forward with persistence and care. The sporting spirit is my guiding principle that even the best of players/champions encounter defeat in some games, but it never weakens their spirit or resolve.

    Having excelled academically during your time at Nirma University, how do you balance the theoretical knowledge gained in law school with the practical challenges faced in the legal profession?

    Once you get on the field there is no substitute for experience. Once again, the sports analogy will help understand this – no amount of theoretical knowledge about the intricacies of the sport, the past statistics, the precedents etc can anticipate the uncertainties of playing conditions. The theory brings about awareness and is like a rough diamond, but it is only experience and constant practice that shapes our minds, characters and destinies. Needless to emphasise excelling in academics opens several vistas and avenues for anyone to choose the path for individual glory.

    And in this profession, constant updation is the sine qua non for any practicing advocate just like you have new software versions which regularly and periodically update and upgrade your knowledge and provide you with the edge which is the single differentiator of any successful professional. The need to burn the midnight oil is greater in practice than ever in academia. This is also what Steven Covey enlisted as the Seventh Habit in ‘Sharpening the Saw’.

    You’ve had the opportunity to learn from some of the best advocates, including senior advocates and government counsels. How has mentorship played a role in shaping your career, and what advice would you give to aspiring lawyers on finding the right mentors?

    That the greatest learning in the profession has been that no work is small or unimportant and what is done by one’s own hand shall stay with one for life. It is similar to swimming which once learnt is never unlearnt. Mentors and guides are the lighthouses that safely guide the ships in the vast ocean of life. The role of mentors can never be undermined, and I always look up to them when faced with a quandary. Senior advocates help us understand as to how arguments have to be framed and articulated in any hearing and to steer the course in the direction which shall eventually help the judge decide in our favour. We can learn to craft strategies from the seniors who bring their wealth of experience and maturity and fuse with our exuberance to present our side with vigour and vitality. In all of this it is essential that the facts are garnered from the files and discussions that are compiled and then neatly sifted into a summary which can be helpful in framing the briefs for senior counsels who need to be provided the critical points for their arguments.

    Given your extensive experience, could you share your perspective on the current legal landscape in India, especially in areas such as economic offenses, commercial dispute litigation, and the impact of recent legal developments?

     The legal domain is fraught with extensive work opportunities and provides an excellent launching pad for assuming leadership roles in society. Technology is quickly upgrading the systems and making it easy to adjudicate matters without logistical constraints. It is therefore necessary to be tech-savvy so that one can stay ahead in matters which are bearing global footprints and have far-reaching ramifications.

    What prompted you to write the AOR examination and what do you suggest to any candidate who will appear for these examinations.

    For every advocate, it is a dream to work at the pinnacle which is the august body of the Supreme Court, and it was not possible to stay away from this venerable temple of justice. I would appear immodest if I were to claim that this was my goal, but the fact is that one needs to take this exam with great dedication and commitment and at a young age one is required to be enthralled with energy to conquer this peak amongst the many that we set our minds to scale.

    Lastly, considering your achievements and the knowledge you’ve gained along the way, what advice would you like to offer to fresh law graduates who are embarking on their legal careers today?

    I always draw inspiration from the Mahabharata which asserts and exhorts us to – Stay focused on the eye of the fish only and nature shall conspire to let your wishes come true.

    Get in touch with Prabhat Kumar Rai-

  • Embark on a journey from the blend of common law and civil law in India to the purely civil law system in the UAE barring DIFC and ADGM, the two free zones which follow common law”, diverse projects from advising on healthcare services to managing trademark portfolios for Fortune 500 companies – Rajiv Suri, Senior Associate-Intellectual Property & Corporate, Alsuwaidi & Company, Dubai

    Embark on a journey from the blend of common law and civil law in India to the purely civil law system in the UAE barring DIFC and ADGM, the two free zones which follow common law”, diverse projects from advising on healthcare services to managing trademark portfolios for Fortune 500 companies – Rajiv Suri, Senior Associate-Intellectual Property & Corporate, Alsuwaidi & Company, Dubai

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

    You’ve had an impressive journey in the field of law, especially in Intellectual Property and Commercial laws. Could you share some pivotal moments or experiences that shaped your career since you started practicing in 1994?

    I started off my journey as a lawyer in the year 1994 in the field of IP with a very well-known and IP-focused pioneer Firm in India i.e., Remfry and Sagar. The work I did in this firm particularly laid the foundation for me as an IP/Commercial lawyer. I was fortunate enough to have been exposed to various IP forms especially when in the year 2002, I took up a challenging role with UK based International Consultancy Firm, Rouse & Co., in Dubai, UAE. My stints at both these organisations helped me in my career by getting a very wide exposure to various aspects of intellectual property and commercial/transactional laws. Thereafter, in 2010, I was offered the role of a Partner with an Indian Firm, RNA, based out of India. For this Firm, I was heading their trademark prosecution and Transactional law practice. In 2022, I shifted my base once again to Dubai, UAE. I took up the role of a Senior Associate with a full-service law firm, Alsuwaidi and Company, It was founded in the year 1997 by a UAE national, Mr Mohammed Alsuwaidi, who is a very well-known and established Arbitrator in this region. My areas of practice cover intellectual property and commercial corporate matters including contracts, information technology and media laws”.    

    With a rich legal experience spanning both India and the UAE, how do you navigate the nuances and differences in legal systems and practices between the two jurisdictions?

    For navigating the legal nuances between two jurisdictions, it is very important to have an understanding of the basic fabric of the two judicial systems. India’s legal system is derived from common law, civil law and to some extent religious customs as well. In my areas of practice in India i.e., IP and Commercial/Transactional laws, it was mainly the mix of common law and civil law along with precedents – which are given their due importance in judgements – while formulating guidelines and legal opinions. On the other hand, UAE’s Onshore judicial system purely follows civil law and is not precedent-based. Hence, to practice UAE laws it is very important to know the laws and their interpretation as well. For this, it is very important to have access to the practical knowledge base through your interaction with peers within your organisation as these would offer insights into the pragmatic application of laws, local court practices, and nuances that might not be apparent in legal texts. Another key area is educating clients about such laws as what works in one jurisdiction may not work in another and thus customizing strategies to fit the specific legal landscape. Lastly, I would say ‘continuous learning’ which is very important in our profession, especially with changing laws and legal scenarios as only then you can keep yourself abreast with the latest developments in your areas of interest. 

    Being a facilitator for trademarks in the STARTUP INDIA initiative, how crucial is intellectual property protection for emerging startups, and what advice do you often find yourself giving to them?

    Intellectual property protection is extremely crucial for emerging startups not only in India but in any other emerging markets including UAE. It safeguards their innovations, ideas, and brands, giving them a competitive edge and fostering growth. One of the foremost things is to educate 

    Startups about the different types of IP. Many times, I’m asked this question of what form of protection they can get for their logos/designs or innovations. So, it becomes very important to help them identify their unique assets that require protection. For instance, if they have an innovative product, they might need a patent. If they have a distinct brand name or logo, a trademark is essential. I also advise them to conduct thorough prior searches to ensure their IP doesn’t infringe on any of the existing rights. Similarly, they should protect their innovations promptly to prevent others from claiming similar ideas. Further, Startups should always budget for IP protection in their business plans. Sometimes, Startups overlook this aspect due to budget constraints, but it’s critical for long-term success. I would also guide them on utilizing government initiatives on Startup India that offer support and resources for IP protection including financial assistance. Ultimately, the goal is to help Startups recognize the value of their intellectual property and take proactive steps to protect it. Doing so can significantly impact their ability to attract investors, scale their business, and establish a strong market presence.

    You’ve worked on diverse projects, from advising on healthcare services to handling trademark portfolios for Fortune 500 companies. Could you share a project that was particularly challenging or rewarding, and what lessons you drew from it?

    One challenging yet immensely rewarding project involved assisting an American Corporation in navigating the intricacies of trademark law while safeguarding its interests in the Indian market. This corporation had developed a unique brand identity and was rapidly expanding its business. The challenge lay in devising a comprehensive trademark strategy(ies) that protected their brand/s while ensuring compliance within the parameters of the law. The rewarding aspect stemmed from successfully guiding the company through this process. This involved conducting thorough trademark searches, advising on the availability of trademarks, maintenance of their registrations, and implementing strategies to safeguard their brand’s identities.

    Currently, working as a Senior Associate at Alsuwaidi & Company, how do you balance your role in Intellectual Property with corporate matters, and what unique challenges and opportunities does this dual expertise present?

    Balancing roles in Intellectual Property and corporate matters can be intricate but incredibly rewarding. I would say that handling Intellectual Property and corporate matters requires a blend of legal expertise. It is essential to not only know and understand the intricacies of IP law but also the corporate laws including regulations and transactions. This dual expertise helps me in my practice by providing comprehensive solutions especially when it comes to drafting and/or vetting contracts for clients. When advising on corporate strategies, I’m able to integrate IP considerations ensuring that clients safeguard their intellectual property assets while pursuing business objectives. Sometimes, conflicts may arise between IP and corporate interests. For instance, a merger might impact existing IP rights. It is our role to then somehow find a balance that preserves these rights while supporting the corporate transition.  Further, in an international market like the UAE, understanding global IP laws and corporate practices becomes crucial. You may face challenges related to harmonizing differing IP laws across jurisdictions while aligning them with corporate goals. For instance, in data protection laws, it is essential to know the local laws and also GDPR as these do come in handy when dealing with any sort of contract that provides for such data protection. It does require a deep understanding of both domains and effective communication with clients to align their interests. The challenges are unique, but so are the opportunities to provide comprehensive legal counsel and help clients maximize the value of their intellectual assets within their corporate strategies.

    You have received several accolades in your career. How do these recognitions impact your approach to your work and the legal community at large?

    Yes, I did receive accolades and because of this, it becomes incumbent upon me to rightly assess legal perspectives. These certainly boost confidence leading to increased motivation and dedication to maintaining high standards in my work. Further, it has also created a sense of responsibility to give back to the legal community. This has involved mentoring younger professionals within the organisations I’ve worked for, contributing to legal education by writing articles on related topics, being a speaker at events, round tables, seminars, webinars or actively participating in initiatives that benefit the profession or society. Overall, in my view, accolades do often serve as a source of motivation and a reminder of the importance of one’s work within the legal community, potentially pushing individuals to strive for further excellence and innovation.

    You’ve been recognized for your expertise in both Traditional and Non-Traditional Trademarks. Can you share an example of a unique or unconventional trademark case that you found particularly interesting or challenging?

    Yes, there was this sound mark of an American corporation, a giant in the field of computer processors, which has a distinctive musical note for the presence of their software. Traditionally, trademarks often involve logos or words, so attempting to trademark a sound was a unique challenge and interesting at the same time. We were made to provide the musical notation in the print form to the authorities along with the CD of the sound sought to be registered.

    Outside of the legal realm, what are your personal hobbies or interests that provide you with a sense of balance and rejuvenation?

    The hobbies and interests which I enjoy outside the legal realm are photography and travelling to different places along with spending time with my family.  

    With your extensive experience in handling commercial agreements, could you share a piece of advice for businesses, especially startups, when entering into legal agreements to protect their intellectual property?

    When dealing with intellectual property in commercial agreements, especially for Startups, IP protection is critical as it often forms the core value of their products or services or for that matter any commercial venture. Taking proactive steps to safeguard it through robust legal agreements is a crucial aspect of business strategy. Given below are some key points to consider while entering into legal agreements to protect intellectual property.

    • Specify what constitutes your IP, whether it’s patents, trademarks, copyrights, trade secrets, or any other proprietary information including any form of data. Be as precise as possible to avoid ambiguity.
    • Clearly outline who owns the IP and establish the rights and limitations regarding its use.
    • Also, determining ownership of any new IP developed during the collaboration is very important to avoid any conflict vis-à-vis ownership at a later date. For this, it is crucial to determine whether the IP remains with the creator or is jointly owned.
    • Include robust confidentiality clauses to safeguard any sensitive information. This prevents the other party from disclosing or using your proprietary information without permission, even after the agreement ends.
    • Specify the permitted use of your IP. Define how the other party can use your IP, whether it’s for a specific purpose, duration, or geographic area. Outline any restrictions or limitations clearly.
    • Include provisions for resolving disputes related to IP, such as arbitration or mediation. This can help avoid lengthy and costly legal battles and resolve issues more efficiently.
    • Provide details as to what happens to the IP post-termination. Also, provide details as to how the return or destruction of confidential information/IP will be handled to protect your assets.
    • Review your agreements periodically, especially as your business grows. Ensure that the terms regarding IP protection remain relevant and in line with your business objectives. 

    Get in touch with Rajiv Suri-

  • “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    This interview has been published by  Priyanka Karwa and The SuperLawyer

    You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?

    Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself.  I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.

    Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.

    So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.

    I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.

    My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.

    In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.

    How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?

    I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.

    I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.

    However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.

    I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.

    Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.

    In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.

    Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?

    My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country.  From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.

    And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.

    Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.

    In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.

    Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.

    From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.

    In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.

    You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?

    When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.

    In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.

    This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.

    The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.

    Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.

    You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?

    I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.

    Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.

    On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.

    Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.

    Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts.  These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.

    In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?

    Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.

    In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.

    Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.

    In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.

    I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.

    During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.

    A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.

    In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution

    You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?

    During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.

    Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.

    I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.

    I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.

    Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?

    My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.

    Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.

    When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.

    Get in touch with Paromita Majumdar —

  • After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

    After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

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

    Can you tell us about your journey into the field of law? What inspired you to pursue a career in this field?

    I am a first generation lawyer with no lawyer in the immediate or distant family. I appeared for my 12th standard examination and parallel competitive entrance exams in 2009. I belong to a generation where the traditional career choices of medicine/engineering had just begun to phase out and emerging career choices like law, arts, actuarial science etc. had begun to phase in. Like many others, I was preparing for engineering entrance exams and used to study law/law entrance during my free time or just as a back up. Incidentally, all the law entrance exams were scheduled after all the engineering entrance exams. I could take out time and focus on the same. The one thing which intrigued me the most about law entrance was – how the overall subject was technical on one hand and yet so narrative like a story book on the other hand. I could relate very well to this unique sort of intersection.  

    You’ve had a diverse career, starting with working for a prominent law firm and now running your own law chambers in Jaipur. How did you decide to transition into independent practice?

    At and around the time I graduated, GNLU was one of the (and continues to be) most sought after institution for recruitment by top tier law firms from India and abroad. I too was one of the many candidates who wanted to be a part of this ‘to be hired bunch’. A position with a top tier transactional law firm brought much required and sought after financial comfort, peace and stability. However, the work was far away from how one traditionally perceives the practice of law, be it a layman or a lawyer. It was away from reading and understanding latest case laws, working on matters before the courts or even going to courts. Everytime I had an opportunity to visit any court or do anything related, it would bring in some natural excitement and eagerness. Untill I transitioned to independent practice, I realized that this was my calling which I had been ignoring forever due to different reasons. I first transitioned by shifting from transactional law practice to litigation practice within the same firm. Since I was already more than 4 years old in Bombay, I then considered where did I want to be in the long run. At the same time, I could see Jaipur (my hometown) continuing to grow as an emerging metro city. Many of my knowns/seniors were satisfied with litigation and overall career opportunities over here in the legal field. I did a detailed survey of lawyers and opportunities in the city and luckily some of them were kind enough to give me a holistic and unbiased picture of what law-life here is going to be like. I found this platform to be more full of opportunities without any compromise in scope of learning and exposure. After quitting my job at CAM in January 2019, I started with my practice in Jaipur in April 2019.      

    During your time with Cyril Amarchand Mangaldas, you worked on project finance and later diversified into dispute resolution. How did this experience shape your legal perspective and approach?

    For all transactional law lawyers, they say that one should have working knowledge of litigation. And I feel the same other way round for litigation lawyers as well. Since the time I shifted untill now, my overall understanding of finance/transactional law continues to aid me day in and day out in ways more than one. So many litigation/legal issues these days stem from some or the other kind of emerging and complicated financial structure. In such a situation, one needs to be very adaptive to first understand the complex arrangement himself and then being able to break it down in a manner before the concerned forum that it becomes inclined to grant your client the desired relief within reasonable time.     

    It’s impressive to see the range of entities you currently represent as their empaneled advocate in Rajasthan. Can you share some of the highlights of your work with these organizations?

    A lot of the entitles of which I am a panel lawyer, are government bodies/corporations. In my limited experience and exposure, the case of such entities is often strong on paper but usually not properly represented. Many such cases relate to projects of public importance involving public money. Given the opportunity, I always try my best to deep dive into the entire case bunch/file such that false/frivolous claims, if any, are not allowed and what should remain for adjudication is the actual genuine claim. The work usually involves arbitration matters arising out commercial contracts, writ jurisdiction work arising out of service law issues, matters before the consumer forum etc.

    Dealing with complex legal issues to find simple solutions is an intriguing approach. Could you share an example of a particularly challenging case you worked on and how you managed to simplify the legal complexities for your client?

    As part of project finance practice, one works on lot of financing documents like – loan, guarantee, mortgage, pledge etc. many of which find their roots in the Indian Contract Act, 1872. I had drafted and negotiated these documents extensively for almost 4 years. Cut to 2022, I was dealing with a case of a widow lady ousted from her home by the lender bank on account of being a defaulting guarantor in a loan arrangement. While under general principles of contract law, it possibly appeared to be the right thing to do by the bank, however, her legal arrangement fell within the purview of the Rajasthan Cooperative Societies Act, 2001 which created an exception to the general rule of subrogation/co-extensive liability (Section 128 of the Contract Act) – i.e. recovery from the guarantor could only have been done after exhausting recovery mechanisms against the borrower. This is how my overall experience at a law firm doing financing documents day in and day out came in handy and based on this one point itself, we could secure back the possession of the house of our client.

    Apart from your legal practice, you also provide training for law students in various areas. What motivates you to engage in academic activities, and how do you balance them with your legal practice?

    As a law student and even before that in school, I always faced issues with respect to proper practical guidance – especially on things not available in any books or the internet. What motivates me to engage in academic activities is to eliminate fear and anxiety within then student/graduate community to take up new challenges/roles. Law for everyone including students should be a tool and not a mystery. Whenever I feel saturated or worked up with my regular legal work, it is actually the work of legal training which keeps me motivated and going.

    As a successful advocate, you have valuable experience appearing before different courts and tribunals. What advice would you give to young law graduates who aspire to excel in litigation and advocacy?

    Thoroughness in everything in my view matters a lot in litigation and advocacy. However, you cannot allow the perfect to be the enemy of good (something which I also recently learned from my father). One will never feel prepared enough to appear for any kind of matter. After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter (easier said than done). The more objective your approach would be, the more you’ll be at peace leading to overall positive legal consequences.

    Your journey seems to have taken you to various cities and law firms through internships. How did these internships contribute to your growth as a lawyer, and what key lessons did you learn from these experiences?

    My internships formed the backbone of what I should be like an actual lawyer – whether it was dressing, appearance, the way I spoke, ate, walked, responded, client dealing, file management, email writing and any and everything. All of these internships were a lot about observing minutely and learning how to keep calm at the time of legal chaos, urgencies and short deadlines. Everything which an intern does or is asked to do, should not be treated as unimportant or miniscule. Every single piece of such delegated work matters to the core and can have positive/negative irreversible consequences on any matter.

    Could you share some insights into the legal landscape in Rajasthan and the unique challenges and opportunities it presents for legal practitioners?

    One unique thing about legal practice in Rajasthan which I personally like dealing with is that the practice is not dominated by one particular kind of matters/lawyers – lets say banking, service law, electricity, start ups etc. and at the same time does not allow you to maintain that kind of approach. There is available work and clientele of diverse fields which one needs to tap, be it out of choice or compulsion. Similarly, there are both young as well as experienced senior lawyers in the market, contributing to the system at large in their own unique manner. Rajasthan, being at the pinnacle of renewable energy in the country continues to offer plenty of opportunities in the area of electricity law. In terms of challenges, there are many fora which continue to work in hindi pleadings, ordersheets and arguments. While it is not a challenge for seasoned lawyers, but could possibly be a challenge for lawyers fresh out of university.

    Running your law chambers must have its own set of challenges and rewards. What are some of the most fulfilling aspects of having your own practice, and how do you navigate the complexities of managing a legal firm?

    Being your own boss is the most fulfilling as well the most challenging aspect at the threshold. There is no office/firm if you are not there in the first place either by being physically present or in form of conducting daily review meetings/discussions. As a chamber practitioner, work flows down the in the hierarchy only from a single point of contact, i.e. myself. In such times, you ought to be constantly available for resolving queries of interns and associates, queries posed by a judge in court and kept for the next day, meeting and closing deals with new clients for upcoming legal work, focusing on your own legal and overall growth, taking out time to finish complicated drafting exercises, ensuring that the same gets filed without exceeding the limitation period and so on. Ultimately, the chain of command flows from you and everything which goes wrong, the buck stops at you. This is both challenging and yet enjoyable at the same time. It keeps you on your toes always, tires you out but doesn’t ever make you feel redundant – and that in my view is the silver lining. You only grow and every bad or unfortunate incident is a learning experience. This becomes most challenging when suddenly you have to deal with a legal issue you have never dealt before. The issue is not that much with legal skill but rather with the short span of time in which you have to resolve it out. In such a scenario, all your previous experiences of being a cucumber in chaos come in handy, you spoil some and you learn from some.  

    In your experience, what are some of the critical skills or qualities that young lawyers should focus on developing to build a successful legal career?

    Patience, is not a new answer to this question. Additionally, irrespective of whether someone is in litigation, transaction or anywhere else, being well read, thorough, being able to listen more and speak less (or only when it is required), not allowing a situation to overpower your senses, demeanor, being able to manage your temper, being slightly overprepared and most importantly – being responsive and not reactive to people as well as situations are the critical skills that young lawyers should focus on developing.

    Finally, considering your journey from a young law graduate to an established advocate and legal consultant, what advice would you like to give to fresh graduates who are about to step into the legal profession?

    I would tell them and rather clarify – I continue to establish myself and we all are sailing in the same boat. It’s just that our journeys began at different points of time. The moment one starts feeling that he/she has established himself at any point of time is the moment that you have slipped into some or the other kind of comfort zone. Don’t let that happen to you. As they say, if you are the smartest in your class, you are in the wrong class. One should try to be in company of people or lawyers where there is always something new to learn. There is no dearth of legal opportunities in the market. There are so many people literally craving for the right legal advice, don’t disappoint or misguide or play around with them. I am not telling you to work for free, after all we all have to first feed ourselves and then only we can feed the law. But, don’t take up a particular legal assignment or case only for the money and at the same time don’t abandon one because of money. There will always be some or the other kind of compromise. So, see accordingly where your sense of judgment takes you as everything you’d do as part of your daily work – drafting, research, arguing, filing, marketing yourself, you’ll always find yourself amidst a set of choices or options. Exercise your choices carefully but don’t be hesitant in doing that. Lastly, if you have 60% positive inclination towards doing a particular thing or making a choice and 40% negative, do go for it as not every time one can have 100% clarity or instinct with respect to everything.   

    Get in touch with Divanshu Gupta-

  • Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult, Pallavi Puri, Partner at DMD Advocates

    Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult, Pallavi Puri, Partner at DMD Advocates

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

    Ma’am, please share with us how you first became interested in the field of law, and what inspired you to pursue it as a career?

    I am a first-generation lawyer. So technically, there was no godfather figure to guide me or who I could look up to. Infact, I didn’t even have anyone in the legal fraternity in my immediate circle of friends and family. Law happened to me by fluke. I was pursuing Political Science (H) from Gargi (the course had a fair bit around constitution, international relations and jurisprudence) and during the final year, while all my colleagues were certain of their career path, I was so lost. I remember this friend of mine so kicked about pursuing law and sitting for entrances. Her enthusiasm, her passion, I think, in hindsight, inspired me to give it a shot. I just came home one fine day and told my parents I want to pursue LLB.  I sat for the entrance exams at Jamia and Delhi University and as luck would have it – cleared both. Picked campus law centre at Delhi University and rest is history.  

    You have over 18 years of experience in M&A, private equity investments, and general corporate commercial law. What drew you to specialize in these areas within the legal field?

    I probably chose corporate law over litigation because it offered economic/ financial stability very early in my career. Also, I was never inclined towards constitutional law, criminal law, evidence et al. Having said that, during my internships I did embark on a journey that involved exposure to various facets of law including litigation. But it was the corporate internships that always left a mark. The fast-paced transactions, intense negotiations, intricacies of corporate law gave me an adrenaline rush. The opportunity to work closely with some great minds, aspiring to be like them – their commitment to clients, challenges faced on each transaction, in-depth strategic considerations appealed to me greatly. By the final year of LLB I had pretty much zeroed in on corporate law and was lucky enough to break through with Trilegal.  

    You’ve represented both domestic and multinational companies in cross-border transactions. Could you tell us about a particularly challenging or memorable transaction that stands out in your career?

    Each and every transaction that I have worked on till date has taught me something new which has played a role in my growth curve and developing my personality. 

    But I guess the very first transaction I did at the start of my professional career left an imprint – this was a joint venture between a USA conglomerate and a major Indian textile manufacturer with the objective to undertake, wholesale trading, designing, marketing, distributing, importing and exporting of branded apparel and related accessories in India. We were representing the overseas entity and it was their very first investment/ venture in India. Law around foreign investment and in particular the trading sector was still evolving. There were a lot of regulatory issues around structuring, approval requirements, company law issues. It was all so overwhelming. And to top it being new in the profession the zeal to take it heads on and impress your boss! Fortunately, or unfortunately, I had a tough boss- but with his guidance, I was able to grasp onto stuff fast and then one fine day he walked up to my workstation and said that I will have to go for negotiations on the matter to Bangalore alone. I did not know what hit me at that time- I completely blanked out. Just the thought of sharing space with the GC, counterparty and its advisors was scary. But somewhere I was thrilled too– I had earned his confidence in a short span. The negotiations stretched for almost a week, besides legal issues the exposure to commercial/ business issues was great. Honestly, not everyone gets this kind of exposure at such an early stage. We signed and closed in record time. This was the most remarkable experience ever! And reaffirmed my passion for corporate law.

    Before joining DMD Advocates, you worked with prestigious firms like Trilegal, AZB, and JSA. How did these experiences shape your legal career and the way you approach your work today?

    Each of the firms I have been with has helped me grow as a professional. Trilegal was the first. When you are just out of law school what really helps is finding the right mentor and platform to realise your potential. Trilegal offered both. Working with one of the founders from the start, getting that first-hand experience and exposure is rare. My stint at Trilegal laid the foundation of my knowledge of law. All the seniors I worked with at Trilegal were extremely helpful but there was no nepotism. We all learnt it the hard way and I think that’s the best way! AZB was no different – challenging work, high stake transactions, excellent exposure, no spoon feeding and an amazing boss. I think these initial 5-6 years shaped most of me. JSA – my longest stint, offered the platform required to excel and develop the required skill set. 

    One of your notable deals was advising Prestige Estates Projects Limited on the sale of a $1.5 billion real estate portfolio to Blackstone. Can you share some insights into the complexities of that transaction and how you navigated them?

    Due to confidentiality reasons I can’t divulge much, all I can say it was one of the largest real estate portfolio transactions ever done in the country, both in terms of number of assets and deal value. It was quite a complex deal in terms of structuring, kinds of instruments that were issued, and ensuring foreign direct investment and corporate law compliances. CCI approvals were obtained, hold backs structured around NCLT approvals etc. The transaction lasted over a year and the deal size was approx. USD 1.5 billion

    In your career, you’ve advised a diverse range of companies, from online exam preparation platforms to hospitality chains. How do you approach legal challenges in different industry sectors, and what skills do you find most valuable for adapting to various clients’ needs?

    Advising clients can be very challenging as there is a lot at stake when you are working on transactions. Like I mentioned earlier, each mandate I worked on taught me something new and different. Even if you do repeat transactions, they come with their own set of nuances. Managing expectations, value add, in depth knowledge of the subject, bringing on the table that expertise and maturity are some of the key skills required. 

    Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult. One thing I have learnt over the years is to keep your calm during negotiations- don’t let things get out of control. I know it’s easier said than done- but it is important to get this sorted in initial stages of growth, else it can become a roadblock.

    Know when to stop speaking, be patient and focus on your growth. 

    Like the famous saying goes “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.”  

    As a final question, what advice would you like to give to fresh graduates or young professionals entering the legal field today? What qualities or strategies should they focus on to succeed and make a positive impact?

    There is enough of this advice out there. I would just say stay focused on GROWTH: 

    G- Gain practical experience;

    R- Resilience is the key;

    O- Objective approach at all times;

    W- Wisdom plays an important role;

    T- Teamwork and time management will take you a long way;

    H- Happiness is a choice, make the right one.

    Get in touch with Pallavi Puri-

  • Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

    Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

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

    Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?

    Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.

    Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?

    The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed. 

    Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?

    My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.

    What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?

    Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date. 

    It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.

    What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?

    The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day. 

    What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?

    The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.

    Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?

    The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here.  The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.

    What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?

    A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career. 

    Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?

    Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.

    As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity. 

    Get in touch with Orijit Chatterjee-

  • Upholding professionalism and ethical standards is essential for a successful legal career- Vinay Butani, Partner at Economic Laws Practice (ELP)

    Upholding professionalism and ethical standards is essential for a successful legal career- Vinay Butani, Partner at Economic Laws Practice (ELP)

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

    Sir, please  you tell us about your journey and how you ended up practicing law, specifically in the field of Corporate & Commercial, Private Equity & Venture Capital?

    Before deciding to specialize in of corporate and commercial law, I embarked on a journey that involved several internships and experiences in various legal fields. These experiences allowed me to explore different areas of law and gain valuable insights into the legal profession.  As I progressed through my studies, I continued to seek internships that aligned with my evolving interests. By my fourth year, I had gained substantial exposure to corporate law through internships in law firms specializing in corporate and commercial matters. These experiences allowed me to work closely with experienced lawyers and professionals in the field, exposing me to the intricacies of corporate transactions. Throughout these internships, I found myself captivated by the fast-paced and dynamic nature of Corporate & Commercial law. I was drawn to the complex challenges and strategic considerations involved in advising businesses and facilitating transactions. The opportunity to work closely with brilliant seniors who advised entrepreneurs and established companies in their pursuit of growth and success appealed to me greatly.

    You have worked on various corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Can you share some notable experiences or cases that have shaped your expertise in these areas?

    Throughout my career, I have had the privilege of working on a diverse range of corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Each transaction has presented unique challenges and opportunities, and I have gained valuable expertise through these experiences.

    One notable experience that comes to mind is a healthcare transaction where I represented a medical technology company in its acquisition of a smaller healthcare startup. This transaction involved intricate negotiations, due diligence, and regulatory considerations. It was a complex process that required a deep understanding of the healthcare industry, as well as expertise in drafting and negotiating the acquisition agreement. During this transaction, I had the opportunity to work closely with both the acquiring company and the startup. I had to balance the interests of my client, who sought to expand its product portfolio, with the concerns and objectives of the startup’s founders. Through careful negotiation and creative problem-solving, we were able to structure a deal that satisfied both parties and facilitated a successful acquisition.

    In the fintech sector, I had the opportunity to work on a venture capital investment deal for a promising startup that aimed to revolutionize payment processing. This transaction involved multiple rounds of funding, negotiations with venture capital firms, and extensive due diligence. It was crucial to ensure compliance with regulatory requirements and address investor concerns while protecting the interests of the startup. Throughout this transaction, I learned the importance of meticulous due diligence and effective communication among all parties involved. By thoroughly analyzing the legal and financial aspects of the startup, we were able to identify potential risks and develop strategies to mitigate them. The end result was a successful investment deal that provided the startup with the necessary funds for growth and the investors with an opportunity for significant returns.

    These notable experiences, along with numerous other transactions, have shaped my expertise in corporate and commercial law. Each transaction has been a learning experience, allowing me to develop a deep understanding of the sectors I work in and refine my negotiation and problem-solving skills. My approach has always been solution-oriented, aiming to find mutually beneficial outcomes for both sides of the parties involved, while ensuring legal compliance and protecting my client’s interests.

    Your work includes advising Fortune 500 companies on corporate and commercial transactions. What are some of the key challenges or considerations when dealing with domestic and cross-border collaborations in India?

    When dealing with domestic and cross-border collaborations in India, there are several key challenges and considerations that arise. These challenges stem from the unique legal, regulatory, cultural, and business landscape in India. India has a complex regulatory framework, and it is crucial to navigate various laws, regulations, and policies to ensure compliance. Key areas of consideration include foreign exchange regulations, company law,  taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration.

    How has being featured in ALB India Rising Stars 2023 impacted your career and professional growth?

    On a personal level, being featured in this distinguished list has provided validation and motivation. It is a testament to the hard work, dedication, and passion I have invested in my legal career and the faith that the organization (ELP) has on me. The recognition has reinforced my belief in my abilities and has inspired me to continue striving for excellence and making significant contributions to the legal profession.

    In your experience, what are some of the key factors that contribute to a successful joint venture or strategic alliance between companies, both domestically and internationally?

    As a general thumb rule – a successful joint venture or strategic alliance between companies (domestically or internationally) require the parties to have a shared understanding of their objectives and a clear vision for the partnership. This includes identifying the specific goals, synergies, and benefits that each party expects to achieve. Ensuring alignment at the outset minimizes potential conflicts and sets the stage for a successful collaboration.  Once the objectives are clear, establishing a robust governance framework is crucial for effective decision-making and conflict resolution. Clearly defining the decision-making process, roles, and responsibilities of each party ensures efficient management of the joint venture or alliance. Finally, tailoring the agreement based on the above is crucial to avoid ambiguity and potential conflicts.

    As a lawyer practicing in the corporate and commercial sector, what are some common legal challenges or issues that businesses face when entering the Indian market?

    Key areas of consideration that generally need to analyze are foreign exchange regulations, company law,  taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration. However – despite these areas of consideration, India presents numerous opportunities for businesses looking to invest and expand. With its large consumer base, emerging sectors, and government initiatives, India continues to attract companies seeking growth. By addressing these legal challenges and working closely with legal professionals who are well-versed in Indian laws and regulations, businesses can navigate the Indian market successfully and unlock its vast potential.

    Lastly, based on your experience and expertise, what advice would you give to fresh law graduates who are aspiring to build a successful career in the field of corporate and commercial law, particularly in India?

    If I must chronologically respond to the above Seek Mentorship: 

    • Find mentors who have excelled in the field of corporate and commercial law. Their guidance, support, and insights can be invaluable in navigating your career path, understanding industry nuances, and making informed decisions. Learn the good, ignore the rest.  Remember, the legal fraternity is very small – people will always remember how you are to others.

    • Cultivate Professionalism and Ethical Standards: Upholding professionalism and ethical standards is essential for a successful legal career. Maintain integrity and develop effective communication and interpersonal skills to establish trust and build strong professional relationships.

    • Gain Practical Experience: Seek out internships and practical experiences in law firms, corporate legal departments, or relevant organizations. Practical exposure will provide you with invaluable insights into the field, help you understand the real-world application of legal principles, and develop essential skills .Specialize and Continuously Learn: Corporate and commercial law is a vast and dynamic field. Consider specializing in specific areas such as mergers and acquisitions, contracts, intellectual property, or securities law. Continuously update your knowledge and stay informed about changes in laws, regulations, and industry practices through seminars, workshops, professional development programs, and legal publications.

    • Develop Business Acumen: Understanding the business context is crucial for corporate and commercial lawyers. Gain a solid understanding of business fundamentals, financial statements, market trends, and industry-specific knowledge. This knowledge will enable you to provide practical and commercially viable legal advice to clients and contribute to their overall business objectives.

    • Develop Strong Legal Research and Drafting Skills: Corporate and commercial law requires excellent research and drafting skills. Practice conducting thorough legal research, analyzing case law, and applying legal principles to complex situations. Hone your drafting skills by preparing well-structured and concise legal documents, contracts, and agreements.

    • Embrace Technology and Innovation: The legal industry is evolving, and technology is playing an increasingly significant role. Familiarize yourself with legal tech tools, research databases, document management systems, and other technology solutions that can streamline legal processes and enhance efficiency. Embracing technology and innovation will make you a valuable asset in the evolving legal landscape.

    • Be Resilient and Adapt to Change: The legal profession can be demanding and challenging. Cultivate resilience, the ability to adapt to change, and a growth mindset. Embrace new challenges, learn from setbacks, and continuously seek opportunities to expand your knowledge and skills.

    Remember, building a successful career takes time and dedication. Be patient, embrace opportunities for growth, and stay passionate about your chosen field. With perseverance, continuous learning, and a proactive approach, you can forge a rewarding and successful career in corporate and commercial law in India.

    Get in touch with Vinay Butani-

  • For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

    For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

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

    Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?

    Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises” 

    My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai,  I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.

    After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….

    LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?

    We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance. 

    As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?

    If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues. 

    Today’s  young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice.  At the end of the day clients must be happy and satisfied with the services.  

    LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?

    All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents. 

    As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?

    I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.

    LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?

    Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market. 

    In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?

    In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.

    As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?

    For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.

    For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers  to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.

    Get in touch with Jaydeep Mehta-

  • I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge, perseverance and discipline- SS Ahluwalia, Managing Partner-Chambers of SS Ahluwalia

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

    Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?

    I belong to the family of lawyers. I am a third generation lawyer. My grandfather Sardar Kuldeep Singh started his practice from Lahore High Court and after 1947 he continued the practice in India. Thereafter my father Mr APS Ahluwalia Sr. advocate started his practice in 1971. Our chamber is almost a hundred years old in the legal profession. In order to continue the legacy I chose to be a lawyer. I qualified LLB in 2004; and after qualifying LLM from Cardiff University, United Kingdom in international corporate laws, I joined JSA in the team of general corporates and capital markets. I did many private equity transactions and IPOs during my three years experience at JSA. But my love for litigation had never ended. I always used to see the working of litigation lawyers at Ahluwalia Chambers that always fascinated me. Someday I had to make a decision to join my family office, to continue and pursue the legacy left behind by my grandfather. So I joined my father’s chamber known as Ahluwalia Chambers. 

    You have extensive experience in various areas of law, including commercial arbitration, corporate commercial and contract law, media-entertainment, property & succession laws, banking and recovery laws, fraud and white-collar crime laws, and constitutional disputes. How did you develop such diverse expertise, and what attracted you to these specific practice areas?

    I have almost 19 years of experience at the bar. As a lawyer, I have always learnt that one should never try to focus on a particular subject in the initial stages of practice. With the advantage of joining a family chamber I tried working on every case as and when it was required and it is required. According to me a lawyer is always a student of law who has to learn from everyday experience in the court. Having said that, the lawyer has to look for the opportunity to appear in as many legal issues which helps him build his practice and experience at the Bar. It is this experience by working on various legal issues the judicial mind starts working which is also the building of the court craft.

    Throughout your career, you have represented clients in the Hon’ble Supreme Court of India, Delhi High Court, and various tribunals and appellate authorities. Can you share some notable cases or achievements that you are particularly proud of?

    According to me every brief on the Advocate’s table is important. But at times there are certain cases which are labelled as landmark judgements. This experience is always in the career every practising advocate. This also helps in building a in him/her a true lawyer and a confident practitioner. Some of my noted judgements in which I had been able to get legal points establish as precedents such as Arun & ors. Vs State, NHPC vs. Patel L&T JV, Brig.Dhir vs. Parsvnath Developers Ltd, Aroon Purie vs. OP Bhola & Ors. ; IFCI vs Ceylon Biscuits, Sunil Sikri vs GHPS & Ors., Hargovind vs. State; And few more. But I think that every case has always been very important to me and I always try to put the best of my abilities. As an advocate, I am first officer of the court to assist the court for adjudicating the dispute. It is my duty that I do put the case before the court to achieve the success for my client. We can’t be emotional to any brief. To get the justice, an advocate is duty-bound to his client to do justice with his brief.

    You have represented a wide range of clients, including statutory bodies, PSUs, private limited companies, and infrastructure companies. How do you approach representing different types of clients with varying legal needs and challenges?

    Chamber practice is very different from the corporate firm practice. As a litigation lawyer. We don’t approach the client. The clients look for the lawyers suitable to them in the market as per their requirement. I also believe that good work is always recognised in the commercial world. There is always space for everyone but abilities are to be shown. Under the Advocates Act we have many restrictions. Primarily we cannot advertise ourselves so the only way to make yourself recognised in such a huge competitive world is to perform to the best of your abilities and the client will definitely follow. To some extent, networking and word of mouth by friends and existing clients also helps in building up the client base.

    As an advocate, you have been involved in high-stakes disputes involving substantial sums of money. Could you share some insights into handling such complex cases and the unique challenges they present?

    Every case has unique facts and legal issues involved. Not only that every case has its own line of action irrespective of the stakes involved. The sum of money doesn’t matter, what matters is the resolution to the problem. So as an advocate we have to get into the complexity of every dispute with the existing precedents. Without the application of proper law, it is not possible to convince the court. The most difficult challenge arises when the opposite lawyer is a senior advocate. Although it’s a learning experience, at the same time, it becomes more challenging to contest against someone who is designated by the court as a judicial expert. Nevertheless, such challenges help in making you a hard-working and laborious lawyer.

    Apart from your litigation practice, you also have experience in legal drafting and have several reported judgments to your name. How do you balance the different aspects of your legal practice, and what skills are essential for success in both litigation and legal drafting?

    A good drafting skill is inevitable for an advocate. Until and unless he/she doesn’t have the skill of putting the case properly in the pleadings, it is not possible for an advocate to put it before the court. Drafting and arguing are related to each other. Both the skills are learnt with the experience. There is no automatic or quick route to it. While preparing the case always remember to refer to the statutory provisions and the settled law. It is very important that a lawyer should be very conscious about each and every fact before preparing the pleadings. At the same time, this experience also helps in drafting, legal opinions, contracts and other legal documents. 

    You have been recognized for your professionalism, ethics, and pragmatic legal advice. Can you share some strategies or principles that guide your approach to client representation and legal advocacy?

    I think it is discipline. I have inculcated discipline while looking at my father; and the ethics he follows in the profession. It is very important that we always follow our respected seniors at the bar. They are the real mentors for the budding lawyers. Their experience guides us to become a good lawyer as well as the officer of the court. It is from that experience, I have learnt that I should always be honest to the client. False promises are always dangerous. Be true to your brief and guide the client within the legal perspective.

    Being appointed as amicus curae by the Hon’ble High Court of Delhi and serving as Standing Counsel for Delhi High Court Services Legal Aid Committee, you have been involved in civil and criminal cases from a broader perspective. How has this experience shaped your understanding of the legal system and the role of advocacy in promoting justice?

    It is very important as an advocate to serve the society. India is a huge country with various kinds of people in Indian society. As the litigation has become expensive. At times it is difficult for everyone to afford lawyers, especially good lawyers. The legal aid provides legal services at free of cost to the citizens who are not able to afford litigation. While working as a legal aid lawyer, it made me realise the sufferings of the needy. I also got the opportunity to appear in a variety of issues before the Hon’ble High Court. It is the true experience, where you put forth the case without any financial interest and that’s the passion needed in you to provide the best of the output. It gives immense satisfaction and of course the appreciation of the court. 

    As an advocate, it is an honour to be appointed as amicus curae. It is an opportunity for assisting the court as its friend. Any kind of assistance given by the lawyer is always appreciated by the court. So it is important to give the best as Amicus. 

    Given your vast experience and knowledge in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?

    I have learnt the three important cardinal principles behind the making of a good advocate- knowledge,  perseverance and discipline. Success in the legal profession is not overnight. My father always says that the youth of the lawyer is lost on the table. Spend maximum time reading the latest judgements, and update your knowledge. Always prepare the brief well in advance. While entering the court, a lawyer should always be ready with brief. Avoid seeking adjournment because every hearing is an opportunity. Always sit in the courtrooms and attend the court proceedings attentively. 

    Lawyer needs to have patience in order to establish himself as a litigation lawyer. This might lead to difficult days as well but the passion and sincerity towards the establishment of practice is the only driving factor for a lawyer. It is important that young lawyers should encash every opportunity and should not refuse any brief for the sake of fee.       

    It is important that a lawyer is socially strong. From the very first day while entering the profession Start working to Develop your goodwill amongst the members of the bar. Young lawyers should be respectful to the seniors and the court because one day you will also become a senior member of the bar.

    Lastly, with your involvement in legal conferences and your contributions to various media publications, could you share some insights into the importance of staying engaged with the legal community and sharing knowledge with a broader audience?

    Indeed, it’s a wonderful experience to share knowledge at conferences, not only that by listening to other speakers we also gain knowledge. Legal conferences also help you be introduced to potential clients. It also helps in building your social network. The client building process is very gradual- out of sight is out of mind. So it is necessary that an advocate continues to show his existence by way of writing articles or attending legal conferences as and when the opportunity is given.

    Get in touch with Sukhamrinder P. Singh Ahluwalia-