Tag: commercial litigation

  • “It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter” – Ajesh Kumar Shankar, Founder of AKS Law Associates

    “It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter” – Ajesh Kumar Shankar, Founder of AKS Law Associates

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

    We are extremely delighted to have you with us for this interview. Can you please introduce yourself, highlighting your journey from the establishment of AKS Law Associates in 1999 to becoming a prominent figure in the Indian legal fraternity?

    I was in the computer field back in the mid-nineties. Back then, I used to occasionally accompany my folks to meet with lawyers, either seeking advice or to engage them in a matter. It was a learning curve, to understand the complexity of law and/or that it was near to impossible to have a clear vision of the road ahead. So, on the one side, I was professionally engaged in the computer field wherein we were promising solutions for business enterprises with a certain amount of predictability, efficiency and transparency whereas, the real-life legal problems had the dusty road ahead. Intrigued, I studied law. Fascinated by the subject of law and its complexity, I started my independent legal practice after training for about a year under my senior.  For the first 10 years or so, I was predominantly engaged in chamber practice by advising clients in general corporate law and especially in Real Estate law. After 2009, I started attending Courts regularly and have been conducting matters before courts and tribunals across India. I have had the good fortune of appearing before the Supreme Court of India. There have been interesting cases addressed by me before International Arbitration Tribunals and the High Courts of Delhi, Bangalore and Chennai. As far as possible, I take instructions directly from the client and 9.9999 on 10, do not engage any Senior Counsel. I insist that my young colleagues in office must conduct a trial/argue a matter before the High Court. As far as possible practically, adjournment is not an option in our office. We have a small practice and keep a close connection with our clients. If we do not meet the client’s expectations, we own up to our shortcomings and do not pass the buck. What we try to do, in our first meet which is on the house, is to give the client a road map of their case’s journey to set expectations.

    Your areas of practice range from international arbitration to corporate advisory. How do you navigate the diverse challenges posed by different legal domains, and what aspects of your practice do you find most fulfilling?

    Every case is unique. I do not take up any matters concerning matrimonial disputes, service matters, direct and indirect tax. A client wants to hear the problem first and the solution thereafter, especially when it comes to corporate advisory in agreements. Due to our varied experiences in litigation, we can quickly identify the potholes and crossroads in an agreement and the challenges that may come up. Clients weigh in on our experiences in litigation to assist them in identifying clauses in an agreement that may be problematic and also offer solutions when such problems do arise.  As we work very closely with clients and the owners/ top management we have some understanding of their businesses and what they expect out of a dispute. Once we have clarity as to what is a client’s expectation, then to advise them on the legitimacy of their expectations or what would be the best outcomes is quite straightforward. We do not take up a case that we do not feel that we can address. The broad spectrum of cases we take up is because we are confident that we can address the issue in the matter. This is backed by painstaking research and understanding as to what could be the possible outcomes. If it’s an untrodden field, we take a reasonable lead time and tell the client that we lack prior experience in the matter. Quite often, clients come to us in areas we have never worked with to consider if we would approach the matter differently and many a time this has worked well for the client.

    Your commitment to pro bono cases and public interest litigation is commendable. What drives your passion for social justice, and Could you share a memorable experience where your legal expertise made a significant impact on social justice or community welfare?

    India is a land of plenty of everything. For over a decade, I have chosen to provide free legal services for economically weaker persons and work towards creating an efficient legal structure in solid-waste management. There are many anonymous Indians who do a lot, yet they do not find a place on the newsfeed and they are not interested either.  When we take on a pro bono case, the client gets equal treatment as a paid client. I believe that every legal professional must extend themselves to the community/ persons who need them the most. When you go and have a meal with a person who has had a legal closure of their case and you have had a small role in it, the satisfaction you get is much more than being paid by a corporate. I had a client who came to me with a matter where he had signed an agreement at terms that were patently unfavourable to him and he was forced to sign up for a song, he was in financially difficult circumstances and there was a good possibility that his land was going away. After being turned down by many prominent lawyers, he came to me. I confessed that I had no prior experience in dealing with the matter but I would put in an effort if he agreed. The matter was argued by me successfully from the Trial Court up to the Supreme Court and the client ended up with a fortune. 

    Your profile reflects a multifaceted personality with diverse interests such as equestrian sports, chess, running, yoga, and continuing education. How do these passions contribute to your life?

    You have one life, live it and enjoy it to the fullest! I do enjoy exploring my mind and my fears. Many of my decisions have been taken after a long ride with my horse, Ziggy. The best place to be in the world is on horseback… ride one to know it. Playing chess at school helped me to be patient and analyse people’s moves. Chess is such a challenging game and no two games of chess or players are the same. I tried to be fit and I started yoga to experience my inner and external journey of mind, body and soul, with my teachers at the Iyengar school. Learning is a lifelong process and learning for me is to improve my mental gym.

    Upholding the highest ethical standards is a hallmark of your practice. How do you ensure transparency for clients and fairness to opponents while navigating complex legal matters?

    Character must not change. You might get a good reputation if you win many cases, which may not be true if you lose many. It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter. I would always be ready to apologize to anyone if I have made a mistake or hurt someone. Etiquette to your client opponent and colleagues is not limited to good language skills, it’s about being clear and laying all cards on the table. This helps you to have a committed client and respect from your opponent and colleagues. It is very important to note that while you may not be aware, others observe you and learn from your good and bad. Therefore, it does not cost anything to be a good human being, so why not?

    Your legal outreach initiative focuses on creating legal awareness and education in local communities. What inspired you to take up this initiative, and how do you see it making a difference in the lives of people?

    Many decisions are because you do not know your rights. We spend time educating and creating legal awareness in communities to enhance people’s knowledge about their rights which would help them in making decisions. Some of the most basic legally binding decisions that stare you in the face, are because you did not know better. I have seen this at home. As we come from an army background, going to lawyers was not naturally a done thing unlike how businessmen utilise the services. My folks have had to suffer serious hardships because they were not informed of their legal rights. This has always been in the back of my mind. Therefore, as promised early in my career as a lawyer, I have always been engaged in legal awareness with communities, senior citizens and lonely parents.

    You actively mentor younger lawyers to expand access to legal services. How do you approach mentorship, and what advice do you offer to aspiring lawyers entering the legal profession?

    I refer to all lawyers as colleagues. Once a lawyer has a license to practice we are all equal. The same lawyer younger in age may turn out to be a judge before whom we have to appear and say ‘M’lord’. That’s the most interesting part of the legal profession, there are no limits as to what you can achieve. It is only dependent on you. If you want to be a paper pusher or adjournment lawyer – you can. Or, if you want to be a Palkhiwala – you can. I spend and invest a lot of my time with my colleagues, running through their cases and preparing them for the matter by reviewing drafts, and agreeing on approaches for trial or final hearing. This helps them to be confident as they are well prepared. My only request to them is to do the same for their colleagues. 

    What advice would you offer to the coming generation of lawyers, considering the evolving landscape of legal practice and the societal challenges we face? Could you share a personal or professional mantra that has guided you throughout your career and continues to inspire your work at AKS Law Associates?

    The legal landscape is changing, it has increasingly no place for paper pushers or adjournment lawyers. The young, dynamic and hardworking professionals are dominating the field as either lawyers or judges. Technology is playing a larger role than ever. International arbitration is now becoming commonplace. If you want to find your niche and grow that practice, do it early. Have a general broader practice so that you can have an ear to the ground and earn a steady income and at the same time focus on growing your niche. Small is big! Clients want your time and they are willing to pay for it so long as you deliver. You don’t need a fancy name to your visiting card or a fancy office to start with; you need to focus on understanding how to resolve the client’s issue and after that it is a home run.

    Get in touch with Ajesh Kumar Shankar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in Touch with Palash S Singhai-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Mrinmoi Chatterjee-

  • “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

    “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

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

    Aashdin, it’s a pleasure to have you featured. To start, could you share a bit about yourself and your journey, from your law school days at Mumbai University to becoming a seasoned Principal Associate at Argus Partners?

    Like many other emerging professionals, I too grew up in a humble background facing initial hardships. It is at those nascent stages that I found my strength and learned to transform my challenges into opportunities. Growing up, I was always taught to appreciate and value hard work.

    Soon after I graduated with B.A. (Psychology) degree from Mumbai University, my journey to become a successful lawyer began. It was with rigorous years of learning which included full day internships at the chambers of prominent counsel in Mumbai.

    The practical experiences that I was exposed to during my internship days were intense and overwhelming. Every day, after attending lectures in college (where I met my better half), I would reach the chamber of my senior where I was required to immerse myself in the intricacies of various statutes, legal precedents, and legal theories. I was encouraged by my senior to engage with him in brainstorming sessions and provide legal research which for me at the time seemed very complex.

    Upon receiving my law degree, the journey transitioned into a more professional realm as I embarked on a path of building a career as a successful lawyer. My early years as a lawyer were at HSA Advocates, where I got the opportunity to enhance my skills through research, drafting, and courtroom experience under guidance from my seniors.

    After spending about half a decade at HSA Advocates, the team along with me, advanced to Argus Partners.

    My journey as a lawyer is in progress as I continue to learn from my seniors and juniors. I am grateful to them as they continue to contribute to a career which I absolutely love.

    Your career spans over a decade, with notable experiences at HSA Advocates and now at Argus Partners. Can you reflect on some key milestones or cases that have played a significant role in shaping your expertise in dispute resolution and litigation?

    Every experience throughout my career has contributed towards my professional and personal growth. While some were joyous, others challenging, but each one of them have shaped my progress in the profession. 

    While I have been part of and contributed to a few significant cases which may be remembered as an important event, some of my notable experiences were created at the time of preparation and strategizing for hearings at conferences with counsel and colleagues.

    Representing clients in cases which are unusual, coupled with the uncertainties connected with litigation, provide for an exciting sense of anticipation which I absolutely yearn for.  While my professional journey has included diverse areas of law ranging from, suits for defamation, specific performance of contracts, varied commercial disputes, company petitions for oppression and mismanagement, Insolvency and Bankruptcy laws, laws relating to intellectual property, eviction cases to rent control measures, guardianship petitions and arbitrations including execution petitions, each aspect and involvement has had a significant role in shaping my skill in dispute resolution and litigation.

    A few of my experiences which I can recall at this moment, was my first reported case during my initial years at HSA Advocates in which I appeared (of course along with a prominent senior counsel and a well-known advocate from Goa) before the Bombay High Court at Goa. I remember the arguments that took place in court like it was yesterday. This was a case which emerged from an order of the Company Law Board and was an appeal under section 10-F of the Companies Act, 1956 which dealt with the law relating to the provisions of the Limitation Act, 1963 and the Depositories Act, 1996. 

    Another significant decision given by the Madras High Court, that I can recall, is whereby the High Court held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to a written statement to a counterclaim. This issue was undecided by a court previously and the arguments and preparations that went in this case were interestingly exhilarated which led to a successful outcome for our client. 

    Recently also, before the National Company Law Tribunal at Mumbai I was fortunate to have appeared in cases whereby legal aspects of the Insolvency and Bankruptcy Code, 2016 were examined and with the help of judicial precedents the cases led to a successful and logical conclusion.

    All that said, I must acknowledge that the key milestones achieved by anyone, either professionally or in the personal chapter is a culmination of a dedicated team effort. 

    These experiences and milestones have collectively created a mosaic of memories that define my identity and contribute to the richness of my professional experience. 

    In addition to being a dedicated attorney, you hold a bachelor’s degree in psychology. How has your background in psychology influenced your approach to legal matters, especially in dispute resolution?

    I had never thought that after completing my majors in psychology, I would embark upon a journey as a lawyer.

    Though, in my years of practice, I have realised that psychology and law intersect in various ways.

    Understanding psychological factors of your clients can often be valuable in considering or deciding an appropriate approach towards your clients’ needs and achieving the desired outcomes in a case.

    With the increase in litigants and individuals opting for alternate dispute resolution methods, applying psychological principles become important especially for arbitrations, mediation, negotiations and conciliation in order to effectively facilitate communication and resolution between parties.

    The integration of psychology and law has enhanced my understanding of human behaviour and decision-making which ultimately lead to more informed and just legal outcomes.

    Your commitment to pro bono work and legal education initiatives is commendable. Can you share a specific instance where your pro bono services made a significant impact on someone’s life, and how did it shape your perspective on the role of legal professionals in society?

    I was always encouraged to take up pro bono work as a budding lawyer and made to understand that lawyers should contribute their expertise to help people who might not otherwise have access to legal services. This would help me build an ethical practice in the years to come.

    I can recall a few instances, one of which was when I advised a security guard and assisted him to recover his dues from his previous employment while on another occasion, I advised an elderly person from a chawl regarding a dispute with the developer relating to an alternate accommodation.

    I believe that pro bono work is essential for every professional to contribute towards the community which helps support the disadvantaged and creates a sense of morality and integrity amongst the public and uplifts the status of this profession.

    Having worked on both civil and criminal matters, is there a legal area that you find particularly intriguing or intellectually stimulating? What aspect of your work keeps you motivated and passionate about the legal profession?

    There is no particular legal area that I find more intriguing or intellectually stimulating than the other as both these practice areas are distinct, each dealing with different types of cases, legal issues, and consequences. I find both equally stimulating and fascinating.

    While the majority of my practice area involves civil law, there are a slight number of matters that I take up under criminal law too. Therefore, my focus as a lawyer practicing mainly under civil law, deals with resolving disagreements between the parties, suggesting and advising on the remedies available to my clients.

    Being mindful about what the outcome of a civil case or a criminal case could be is crucial for legal professionals and individuals involved in legal matters. 

    What drives me about the legal profession is the complexities and dynamic nature of law which is constantly evolving be it through legal precedents, social and cultural changes or otherwise.

    In your role at Argus Partners, you’ve been involved in a diverse range of matters, from civil and criminal cases to insolvency and arbitration. What aspects of these areas do you find most challenging and rewarding, and how do you approach them?

    Though mainly my practice areas involve civil litigation and a small amount of white-collar crime proceedings, I also represent financial institutions and asset reconstruction companies before the National Company Law Tribunal across the country. Each of these practice areas pose different challenges which depend on the peculiar facts of each case. Similarly, as every individual is different and has their own traits, the cases that a lawyer is engaged for are also distinct from each other, therefore applying the law on facts of those cases can be challenging and the ability to do that is rewarding.

    Each case must be approached with an open mind and accepting of the possible outcomes with the purpose of providing the best possible resolution to your client. 

    Beyond your professional pursuits, are there personal interests or activities that contribute to your growth and well-being? How do you manage the demands of a challenging legal career while ensuring personal enrichment?

    Well, I have never thought of keeping a boundary between my professional and personal life. I believe that my professional pursuits are very much aligned with my personal interests and passions. 

    I find it natural that my personal and professional life is integrated in such a way that my professional success ensures personal enrichment.

    I know of many professionals that find it challenging to compartmentalize their personal and professional lives, especially if work demands spill over into personal time or when personal issues affect their professional performance – thus, time management and self-awareness is crucial in such situations. However, I believe that being a professional is a full-time job and thus integrating it with your personal life can lead to a fulfilling lifestyle.

    With that said, I must add and appreciate that right from my formative years as a lawyer, my seniors have always provided a flexible work environment allowing me to blend my personal and professional responsibilities.

    As someone who provides free legal services and encourages students to uphold constitutional values, what advice do you have for young law students aspiring to make a positive impact in the legal field?

    From my experiences I have noticed that quite often people have preconceived opinions about individuals based on stereotypes. As lawyers, I would recommend that every young law student aspiring to be a lawyer inculcates principles of equality and ensures that every person who approaches them for their legal advice or assistance on any matter, should be treated fairly and without discrimination.

    It is necessary that every individual aspiring to make a positive impact upholds ethical standards and learns from mistakes and challenges, using them as opportunities for personal and professional development rather than being deterred and feeling dejected.

    As a student, it is vital that you choose a specific area of law that aligns with your passion and interests. You need to stay informed about changes in the legal landscape, recent case law, and emerging legal trends.

    Dedicate some time to pro bono cases, maintain a reputation for honesty and fairness as that will contribute to your long-term success.

    Get in touch with Aashdin Chivalwala-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Dr. Farrukh Khan-

  • Self-doubt is like a cancer for your soul, Positive mindset and self-love are very important factors for your career growth – “Khushboo Kataruka: Navigating Legal Waters, Chasing Northern Lights, and Advocating for the Environment”

    Self-doubt is like a cancer for your soul, Positive mindset and self-love are very important factors for your career growth – “Khushboo Kataruka: Navigating Legal Waters, Chasing Northern Lights, and Advocating for the Environment”

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

    Khushboo, it’s a pleasure to have you here, how would you introduce yourself and your multi-faceted journey to our readers?

    Thank you. I’m so glad to be here. 

    To begin with, I’m a full-time lawyer and a part-time homemaker.  I say this because no matter how busy I get, I can’t help but manage certain chores on my own, despite having support staff. I think it’s an innate trait in most women. Most importantly, I’m a mother and I can’t put this category in either of the boxes mentioned above. So simply put, I am a mother to an adorable three-year old. I also try to espouse some social causes for my hometown, whenever I can and plan to invest more time in it, in years to come.  

    I’m a first-gen lawyer and have my own chamber also known as “Law Chambers of KKM”. We majorly practise in the High Court of Jharkhand. Albeit I have practised in district courts and various tribunals in the past and still try to appear in district courts, whenever possible. I studied law from Gujarat National Law University, Gandhinagar in the 2008-13 batch.

    Well, my professional journey commenced in Mumbai in 2013 as a maritime lawyer with Maersk Line, one of the world’s largest shipping companies. Starting as an Associate, I swiftly progressed to a managerial role within seven months due to my team leader’s sabbatical, presenting a timely and favourable opportunity. During my tenure, I handled nationwide legal matters, affording me the chance to collaborate with and brief some of the legal stalwarts of our country.

    Although I found fulfillment in my work, I decided to return to my hometown, Ranchi, in 2015 for personal reasons. Back in Ranchi, I associated with the office of the then Advocate General of Jharkhand. This experience allowed me to contribute to legal opinions for the Government of Jharkhand and gain extensive knowledge of the newly amended mining laws, particularly in response to legal precedents such as those in the Goa Foundation and Common Cause cases.

     Since the year 2017, I have been working independently with a team of young lawyers, handling land disputes, recoveries, government contracts and other commercial disputes, some family and partition suits as well, through litigation and dispute resolution. I’m also empanelled counsel for National Highways Authority of India, Central Coalfields Limited, Jharkhand State Human Rights Commission, Flipkart and have regular clientele of MSMEs and private individuals.

    From maritime law in Mumbai to championing environmental causes in Jharkhand, your legal voyage is truly diverse. If you had to relate your legal career to a type of ship, what would it be, and why does it capture your professional journey?

    That’s a thought-provoking question. Upon reflection, I would choose the Triple-E, an E-class container ship built on three core principles: economies of scale, energy efficiency, and environmental improvement.

    In the context of my legal career, economies of scale for the vessel translate to maximizing container capacity in a single voyage. Similarly, in my legal practice, it involves a dedicated effort to maximize work for my chamber. The second principle, energy efficiency, correlates with fuel efficiency for the ship. In the legal realm, it parallels the need to efficiently utilize time and energy, maintaining a work-life balance. For litigation-focused lawyers like myself, time is akin to a finite resource, and the demanding schedule often extends beyond conventional working hours.

    Spending around 7 hours in court and additional hours in chambers for case preparation, conferences, and drafting, seasoned advocates invest at least 10-12 hours daily. This demanding schedule can be particularly challenging for mothers in the legal profession, impacting their ability to spend quality time with their children and family.

    The third principle of Triple-E, “environmental impact,” aligns with the commitment to environmental protection. Like Triple-E manifests for eco-friendly voyages, consistent environmental advocacy by raising pertinent issues is one of the core principles of my chambers. 

    In essence, I aim to embody these three principles in my legal career: maximizing efficiency, balancing workload, and contributing to environmental protection.

    Your PILs for restoring water bodies are impactful. Could you take us through the journey of this PIL, and how it feels to make a positive impact on environmental issues through legal avenues?

    When I relocated to my hometown in 2015, I noticed the deteriorating condition of the water body commonly known as “Ranchi Lake” or “Bada Talab,” situated near my house. Concerned that it might soon dry up or be reduced to a sewage dump, similar to a couple of other water bodies in Ranchi, I began reaching out to authorities such as the Ranchi Municipal Corporation (RMC) and the Urban Development Minister. Despite my efforts, these authorities did not take concrete actions. The RMC instead initiated a beautification project costing several crores, but the project lacked any mention of cleaning of the water. Ranchi Lake, constructed by a British Colonel in 1842, holds historical significance as it is situated in the heart of Ranchi city. Having grown up near this lake and cycled around its periphery as a child, its deteriorating condition had a profound impact on me. 

    After numerous appeals to the authorities yielded empty promises, I decided to take the matter to court in 2020. The lake had become overrun with water hyacinths, resembling a green expanse from a distance. Filing a Public Interest Litigation (PIL) as a party-in-person, I brought the situation to the court’s attention. The PIL also encompassed issues related to other water bodies in Ranchi, and the court began hearing them collectively on a regular basis.

    The Hon’ble Court directed the authorities to provide a detailed plan for reviving the lakes. Additionally, an immediate clearance of all the water hyacinths from the lake. An order was obtained for the installation of a Sewerage Treatment Plant (STP) for Ranchi Lake, as the drain water from nearby areas had been flowing into the lake untreated for years. Owing to the order of the court, RMC was quick enough to get into action and get clearance of all the water hyacinths within a couple of months. Now we are able to see clear lake water again. 

    An interesting fact which I may like to share, which also reflects upon the mindset of people and risks that an advocate may have to be prepared for, while pursuing public interest litigation. During the hearings, encroachment issues also arose, leading individuals from various communities, who had made some constructions on the lakes’ boundaries, to speak against me. In fact, other pending encroachment matters also got attached to my name. Anonymous threats followed, especially after the Municipal Corporation published my name in notices for encroachment removal. Bringing this matter to the court’s attention, the Chief Justice of Jharkhand at the time was kind enough to provide me with security.

    After 2.5 years of active monitoring, the case was finally disposed of earlier this year with directions to the authorities to complete the installation of the STP in Ranchi Lake and take continuous measures to clean and preserve the water bodies and lakes in the city. The STP work is 80% complete but not yet operational. If the RMC fails to make the STP operational by the end of this year, I am planning to file a contempt petition as they have taken enough time already.

    As for my feelings on this issue, it is empowering to be able to contribute to the environment, the people, and future generations. Seeing results on paper is one thing, but witnessing the impact on the ground is another. The fight is not over, and I will continue addressing such issues, one water body at a time. Jharkhand is endowed with numerous forests, waterfalls, lakes, and ponds, and it is our duty to preserve and protect these gifts of nature.

    Managing your Master of Laws alongside your responsibilities as a new mother during the COVID period is commendable. How did you balance these roles, and do you have any advice for other mothers pursuing higher education or career growth during challenging times?

    It all transpired swiftly, yet it felt like the longest period of my life. The timeframe from 2020 to 2022, which I refer to as the “pandemic year,” proved to be one of the most challenging for me, akin to many others. Virtual hearings turned out to be a blessing in disguise, allowing me to continue working without a prolonged break, even during maternity. I had several cases of Covid in my family and like many others, even I was isolated. Owing to the fact that I was pregnant at the same time, the isolation took a toll on me. I also faced certain postnatal issues which were challenging to deal with at first, but now my health is much better.

    Being a new mom and handling work and studies together, some inexplicable force guided me to handle these responsibilities simultaneously, and in hindsight, staying occupied consistently helped me cope with depression. One piece of advice I would offer to all mothers facing challenging times is to persevere and stick to your “plan de vida”. Don’t give up and trust yourself.  

    You’ve been conferred the “Women and Child Rights Protection Samman” and the “Bravo Award” for your contributions. How do you feel about being recognized for your work, and what motivates you to excel in your legal career?

    Being recognized definitely lifts your morale and helps you raise the bar further, for your own self. It makes you feel your own worth, especially for people who are always self-doubting. I have now come far from there and have learnt the hard way that self-doubt is like a cancer for your soul. Positive mindset and self-love are very important factors for your career growth. 

    The most cogent reason that motivates me towards this pursuit is my family. They usher me to carry on, especially at times when I feel a burnout in my litigating career.   

    As a legal member of the Complaint Committee for Sexual Harassment of Women at Workplace at State Bank of India, Ranchi, you play a crucial role in fostering a safe work environment. How do you approach and contribute to creating awareness and preventive measures in such matters?

    During our meetings, I have always harped upon understanding the basics of gender sensitisation, stereotypes and gender roles and also a need to also give due importance to the harassment faced by male employees and not just women. It is pertinent to handle the cases with utmost neutrality and not be susceptible to confirmation bias. Also, many times I have seen some employees show reluctance in actively participating in such workshops. It becomes equally important to garner their interest and make them feel comfortable. 

    In addition to being an advocate, you are an avid traveler with a penchant for winter destinations. How do you manage to blend your love for travel with the demands of a legal career, and do you have a favorite travel memory you’d like to share?

    Travel works like therapy for me. Every time I have my court holidays, I plan a trip, mostly with my husband. We are blessed to have each other as perfect travel companions. I also do some solo trips from time to time and just came back from one.   

    A favourite memory for me would be chasing the Northern Lights for the first time in the year 2019. In Fact it was one of those years when the solar activity was not really at its peak, unlike the current year. We were not very hopeful and had a short stay in Tromsø. For 2 nights, we had no sighting at all. Zilch. It was our last night in Tromsø and my husband and I were just spending time on a catamaran tour with no real hopes of seeing the auroras. However, we got lucky and how. The auroras came dancing from all directions and graced us. In fact, this year again, we saw her properly only on our last night in Finland, despite having spent about a week, chasing lights. On our next trip, I’d definitely take my son along, to have him experience this beautiful celestial phenomenon.   

    For the aspiring legal minds, especially the young advocates, what’s one piece of unconventional advice you’d offer that they might not find in a law school textbook?

    If you plan to be an advocate, don’t just stick to the Supreme Court or a High Court or a couple of tribunals only in your initial few years; even if you are not a first-gen lawyer and have several briefs to handle in your well-established chamber. Appear in whatever forums you get opportunity at. Be it a Rent Controller, Revenue Board, Railway Court or even if required to go to Thana with your client for recording of statement. One should understand the functioning of the system. Such a myriad of experiences before different authorities will definitely give you an edge and take you a long way. 

    Thank you. It was a pleasure interacting with Team Superlawyer. You guys are doing a great job.

    Get in touch with Khushboo Kataruka–

  • “Embrace setbacks as a staircase to success. Failures often pave the way for victories in the legal arena” – Discover unconventional legal advice from Muneesh Dhawan, Law Veritas: ‘North’ Managing Partner

    “Embrace setbacks as a staircase to success. Failures often pave the way for victories in the legal arena” – Discover unconventional legal advice from Muneesh Dhawan, Law Veritas: ‘North’ Managing Partner

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

    Your legal journey spans more than two decades, touching various sectors and contributing significantly to the legal landscape. Please describe your journey including milestones and experiences that have shaped your extensive journey in the legal field.

    Throughout my extensive legal career spanning more than two decades, I have experienced numerous significant milestones that have shaped my journey. One such pivotal moment was when I co-founded Law Veritas and had the privilege of serving as one of the founding partners. Prior to this venture, I had gained diverse experiences as an independent practicing Advocate & Inhouse Legal Counsel in various sectors, including the dynamic power industry and esteemed banking and non-banking financial institutions.

    However, the trajectory of my journey took an intriguing turn with the evolution of Law Veritas. This evolution led to the establishment of a fresh legal entity known as Law Veritas: ‘North’. This strategic transition not only marked a transformative phase but also highlighted the importance of change and the strategic cultivation of a new frontier for the future. This new entity opened up exciting possibilities and opportunities, allowing us to explore uncharted territory and expand our reach in the legal industry. It was a significant milestone in my journey, representing growth, innovation, and a commitment to excellence in legal services.

    Furthermore, amidst these exciting developments, I assumed the esteemed position of National Legal Head at a prominent Non-Banking Finance Company, which stands as another monumental milestone in my career. It provided me with a platform to navigate and significantly contribute to the intricate legal landscape within the financial sector, fostering continuous growth and the refinement of my expertise in the legal domain.

    Each of these milestones, from the role of National Legal Head to co-founding Law Veritas to the emergence of separate entity Law Veritas: ‘North’ has been instrumental in shaping my journey and contributing significantly to the evolving narrative within the legal arena.

    Beyond the legal realm, you’re pursuing a Ph.D. in Law. How do you balance the demands of academic research with your role as a Managing Partner, and what motivated you to pursue further studies at this stage in your career?

    As I navigate the demands of pursuing a Ph.D. in Law alongside my responsibilities as a Managing Partner, I am reminded of a poignant quote by Dr. APJ Abdul Kalam: “Education is the most powerful weapon which you can use to change the world.” This encapsulates the essence of my motivation—an unwavering belief in the transformative power of education and the pursuit of knowledge.

    Balancing these commitments requires meticulous time management and a genuine passion for both academia and the practical aspects of law. The drive behind furthering my studies at this stage of my career is fuelled by an insatiable thirst for knowledge and an enduring commitment to continuous growth.

    The pursuit of a Ph.D. in Law is not solely about personal advancement; it’s a dedication to delving deeper into legal academia, contributing through rigorous research, and expanding the understanding within the legal domain. Managing these responsibilities demands dedicated planning and unwavering dedication, yet the symbiotic relationship between academic research and practical legal expertise is immeasurable.

    I firmly believe that continuous learning not only fuels personal growth but also augments the quality of guidance and leadership I can provide within the legal sphere. Integrating academic insights into real-world scenarios enriches my role as a Managing Partner, fostering a deeper understanding that ultimately benefits the broader legal landscape.

    Your journey has taken you through various esteemed organizations, and now as the Managing Partner at Law Veritas: ‘North’. Can you share a career highlight or a particularly memorable experience that has shaped your approach to legal practice and leadership?

    Assuming the role of Managing Partner at Law Veritas: ‘North’ was a pivotal moment that completely transformed my perspective on legal practice and leadership. It wasn’t just a milestone in my career; it was an opportunity to merge my legal expertise with the responsibilities of leadership. At the heart of this role was a deep commitment to nurturing talent, particularly among diverse youth, by providing them with employment opportunities and comprehensive training. 

    The words of Swami Vivekananda, “Arise, awake, and stop not until the goal is reached,” resonated deeply and highlighted the dedication to empowering individuals to become skilled legal professionals. 

    Recognizing the importance of investing in young minds, there was a concentrated effort to impart essential skills and knowledge necessary for shaping the future generation of legal practitioners. This experience further emphasised that effective leadership goes beyond legal proficiency; it involves creating an inclusive environment that encourages learning, diversity, and personal growth, enabling individuals to realize their full potential within the legal field.

    Law Veritas received recognition as one of the 25 outstanding law firms by The CEO Magazine. What does this acknowledgment mean to you personally, and how does it reflect the separate entity Law Veritas: North’s commitment to delivering exceptional legal services under your leadership?

    Being acknowledged among the top 25 law firms by The CEO Magazine isn’t merely a cause for celebration; it reflects the dedication and commitment of our team. This recognition signifies our collective efforts and the values we uphold in delivering exceptional legal services.

    This acknowledgment personally inspires us to strive continuously for excellence in legal services, reaffirming our core values of integrity, diligence, and client-centricity.

    It’s not the end goal but a springboard for Law Veritas: ‘North’. As Steve Jobs put it, “Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work.” This recognition fuels our ambition for more achievements, setting higher standards, and redefining the legal service landscape. This recognition symbolizes our potential and underscores our unwavering commitment to delivering exceptional legal solutions.

    Your legal career spans more than two decades, covering roles from independent advocate to in-house counsel, and now as a Managing Partner. How have you seen the legal landscape evolve, and what trends do you anticipate shaping the industry in the coming years?

    As a keen observer of this dynamic and constantly changing landscape, I perceive a crucial need for legal professionals to adapt and embrace technological advancements, all while upholding the fundamental principles of integrity and ethics that define the legal profession. The ability to leverage the full potential of technology, while ensuring the preservation of justice and fairness, will play a pivotal role in successfully navigating the future of the legal industry.

    Having said so, while automation and digitization can certainly improve efficiency, they cannot replace the critical thinking and analytical skills that lawyers bring to the table. The role of a lawyer goes beyond just providing legal advice; it involves understanding the nuances of the law, interpreting complex regulations, and advocating for clients.

    Outside the legal world, do you have any hobbies or activities that provide a refreshing break and help you maintain a healthy work-life balance?

    Balancing a hectic legal career, I find solace and rejuvenation through various pursuits. Spending quality time with family forms the cornerstone of my life outside work, providing a sense of grounding and joy. 

    Additionally, music is a constant companion, offering relaxation and a way to unwind. While I might not be an avid reader, diving into a book occasionally is a welcomed respite. My interest in current affairs, especially geopolitics, keeps me engaged and intellectually stimulated.

    Moreover, my devotion to God plays a profound role, providing spiritual nourishment and a sense of purpose beyond the professional realm. These activities collectively contribute to my work-life balance, ensuring I am refreshed and motivated to tackle the demands of the corporate legal world.

    We know about your legal bookmarks, but what’s a non-legal book or genre that you turn to for inspiration or relaxation?

    While I’m not an avid reader, I do find occasional respite in non-legal books. Here are four books in that genre that I’ve found insightful:

    1. “Sapiens: A Brief History of Humankind” by Mr.  Yuval Noah Harari

    2. “The Bankster” by Mr. Ravi Subramanian

    3. “The Intelligent Investor” by Mr. Benjamin Graham

    4. “Rich Dad Poor Dad” by Mr. Robert T. Kiyosaki

    Each book offers a distinctive perspective, from the broad canvas of human history to the intricate world of finance and personal wealth management, making them insightful and engaging reads beyond the legal sphere. 

    If you could share one piece of unconventional legal advice that you wish someone had shared with you at the beginning of your career, what would it be, and what advice would you give to our coming generation or those who have just started their career? 

    Reflecting on my journey, if there’s one cliché piece of advice I’d have cherished early on, it’s this: “Embrace setbacks as a staircase to success. Failures often pave the way for victories in the legal arena.”

    For those starting out in the corporate legal field, it is crucial to go beyond the conventional routes. Explore the world of technology, enhance your communication skills, and truly understand the essence of the legal profession. Networking plays a vital role – cultivate meaningful connections as it is the timeless recipe for progress. 

    Maintain a curious mindset, like an explorer venturing into uncharted territories. Remember, the corporate legal landscape is constantly evolving, so it is important to be adaptable and inquisitive. This mindset will open doors to unexpected opportunities and foster growth in this dynamic profession.

    Get in touch with Muneesh Dhawan –

  • From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

    From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

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

    How would you like to introduce yourself to our readers and young freshers.

    I am an Advocate-on-Record (AOR) at the Supreme Court of India. I started practising in 2014 with Wadhwa Law Chambers, Delhi before setting up my own full service law chamber (with two other partners) in 2022. 

    Our key practice areas include arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation with a focus on litigation before Hon’ble Delhi High Court, NCLT/NCLAT and the Hon’ble Supreme Court. 

    During the course of last 10 years, I have had the opportunity to represent various Indian and multinational companies/government departments before various courts and tribunals in Delhi NCR, Punjab and Haryana High Court, Allahabad High Court, Bombay High Court and other courts in Lucknow, Jabalpur and Himachal Pradesh.

    You have a strong academic background, having completed your B.A. LL.B (Hons.) from Dr. RML National Law University. How has your academic journey influenced your approach to legal practice and problem-solving?

    I was fortunate to have spent my five years at law school with some of the brightest minds from across the country – who are now some of my closest friends. All of us continue to learn from each other during the course of our respective professional journeys as practising lawyers, at law firms, in house counsels – as we did during our time at law school. Apart from the usual academic rigour, RMLNLU gave me an excellent set of peers. 

    While law practice can keep you occupied 7 days a week, I try to keep in touch with the academia by teaching seminar courses/taking guest lectures. Infact, preparations for my lectures at NLU Delhi and NUJS Kolkata have often helped me discover new lines of arguments and case laws – which eventually help you while making submissions in court/drafting your pleadings. 

    Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?

    My initial years in law practice gave me a lot of exposure to original side litigation at the Delhi High Court, NCLT/NCLAT and District Courts. Original side practice teaches you imperative litigation skills which involves asking the right questions from the client and procuring documents, drafting the pleadings only after one looks up the correct position of law, and most importantly, being precise and not verbose with the pleadings.

    It is imperative that a lawyer keeps the above in mind while drafting plaints in Suits, statement of claims in arbitrations and insolvency actions, since the client may not be able to rectify these errors at the Appellate stage.

    Having a strong original side practice background always gives you an edge with AOR practice at the Hon’ble Supreme Court. This skill set has certainly helped me with my AOR practice where I take up matters relating to arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation

    With your involvement in MSME-related litigation and practice, how do you approach defending recovery actions initiated by MSMEs? What unique challenges and legal considerations come into play in such cases?

    With the Government allowing for a completely self-declaration based registration under the MSME Act, a huge number of money recovery actions are now initiated under the MSME Act. If the dispute is contested and not settled before the Facilitation Council, it converts into a regular arbitration.  The obvious benefits are better rates of interest given to MSMEs under the MSME Act when compared to regular arbitrations/civil actions for unpaid dues.

    However, the self-declaration regime does not require any physical inspection of the proposed MSME unit prior to its registration under the Act. This is resulting in many vendors registering themselves as MSMEs overnight (who may or may not meet the required thresholds of turnover and investments under law for registration as an MSME) and filing their claims under the MSME Act. In my humble opinion, the entire self-declaration regime of registration needs a complete overhaul at least as far as recovery actions under the MSME Act are concerned.

    There are however some remedies in the current legal framework to address the aforesaid issue, though not very effective and practical. Some other remedies under the MSME Act include criminal prosecution against the buyer which are not explored routinely but can be very effective, especially in high stake MSME litigation.

    In addition to your legal practice, you have a background in writing and travelling. How has your interest in writing come up and what are some of your favourite places you have travelled to.

    I used to write ‘letters to the editor’ to various newspapers while I was in school, which my father had suggested. I still have a whole collection of those cut outs kept with me! It is indeed a great way to develop comprehension and improve writing early on – especially for litigating lawyers where you are required to churn out drafts on an everyday basis. I would also write some pieces here and there in college, but the litigation rigour does not allow much time for that anymore.

    The RIFF music festival at Jodhpur with its unique dawn/dusk classical concerts, the backwaters at Kerala, the unexplored Turkish coastline and old town Prague have been some of my favourite places to visit.

    With a significant portion of your career spent in representing various entities, what advice would you give to aspiring lawyers, What are some key lessons or insights you have learned along your journey that you would like to share with them?

    One should explore as many practice areas in the initial few years of practice and focus on reading as many precedents/case laws. Apart from the basics, being a nice and an easy person to work with is a very under-rated skill!

    Get in touch with Vipul Kumar –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Suvidutt Sundaram

  • A multifaceted lawyer managing diverse practices, as he shares tips on maintaining a work-life balance in the challenging realm of litigation. Gain valuable lessons on planning, preparation, and keeping calm amid the demands of a bustling legal career – Ankit Agarwal, Standing Counsel for the Election Commission of India & Advocate-on-Record at Supreme Court of India

    A multifaceted lawyer managing diverse practices, as he shares tips on maintaining a work-life balance in the challenging realm of litigation. Gain valuable lessons on planning, preparation, and keeping calm amid the demands of a bustling legal career – Ankit Agarwal, Standing Counsel for the Election Commission of India & Advocate-on-Record at Supreme Court of India

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

    Could you share a bit about your journey into law, especially being a first-generation lawyer? What inspired you to take this path?

    Well, this question takes me down the memory lane. I must admit that law was not the first career option I forayed into. I belong to a family of Chartered Accountants and it was expected that I also follow the footsteps of my father and eventually join the family firm. After completing my schooling, I did brush through the entrance exam for CA i.e., CPT exam. However, numbers never interested me. There was a subject in the syllabus for CPT exam – Mercantile Law which had topics like Contracts, Sale of Goods Act, Partnership Act etc. While reading the subject, I was intrigued. Thereafter, I started researching on law as a profession and gained more interest while reading about renowned seniors in newspaper articles and their interviews on TV, which helped me in taking the decision to pursue law.

    As someone managing a diverse practice, from private clients to standing counsel for Election Commission and various authorities, how do you maintain a work-life balance? Any unique strategies you’ve developed?

    Great Question! Managing work life balance is always a debated topic in any field of work. I must admit that initially it was very overwhelming for me but as a first-generation lawyer, I had the grit and determination to manage my work efficiently. Everyone has a different style of maintaining work-life balance. For me, better planning, thorough preparation and the ability to keep calm, even when there is are last-minute listing of cases or urgent drafting, is something I’ve learnt out of practice over the years. 

    Since my decision to litigate and develop my own practice was clear to me very early on in my career, I had accepted that the journey ahead would not be a cake walk. At the end of the day, the satisfaction I gain from my work is what pays off and makes me strive harder. 

    It would be wrong for me to paint a rosy picture and say that there is a good balance of work and life in the field of litigation. The balance does come, but not very early on in this path. One should always make the most out the moment. According to me, the best way to maintain work life balance is to unwind whenever one can and has time to. 

    Can you share a funny or memorable moment from your early days in the legal field that taught you a valuable lesson or made you laugh in hindsight?

    After completing my course in law, I was placed with the litigation department of J. Sagar Associates, one of the leading law firms in India. Being a fresher with zero work experience, it was a very proud moment for me and at the same time, it was nerve-wracking. Working in a law firm that to one of the leading law firms, you are expected to be professional and crisp with your work.

    In the first week of my joining the firm, I was given an assignment of drafting. According to me, drafting is something which nobody can teach you and you only get better at it with practice. So I had prepared a draft to the best of my ability and limited knowledge at the inception of my career. My reporting partner in the firm made me sit with him and explained that the synopsis which we make in the petitions is what makes or breaks your case. He explained that one should always make sure that the synopsis of the petition should ensure that your story reaches the Judge and it should be as short as possible. This valuable lesson which I got early in my career has helped me a lot while drafting petitions.

    Starting your career at one of India’s top law firms and then transitioning to individual practice is quite a journey. What inspired you to take the leap and start your independent practice, and how has the experience shaped your approach to the legal profession?   

    Coming from a family of Chartered Accountants, I was always expected to become one as-well. Albeit my interests were always aligned towards law and I never imaged joining the family firm. But being brought up in this environment I saw my father build his practice from scratch. This instilled in me the principle of working for self and building one’s legacy (or at-least making an honest attempt). I learnt that in order to achieve the same, not only did it require patience, but also consistency.

    Upon graduating I joined one of India’s top law firm’s only to realise that the structure, methods, and expectations were supportive/ aligned with the goal in my mind. Surely, I did learn a lot in the short span I worked in firm, but keeping in mind my ultimate objective, I pivoted and took a huge risk by going independent. This risk I took early on in my career was something I am thankful for today. Initially it was tough to develop clientele and I was surrounded by negativity. But with time it has only taught me that one needs to trust their instinct, stay consistent and put their best foot forward.

    As the Standing Counsel for the Election Commission of India and representing industrial development authorities, your work spans various domains. What’s a case or project you’ve worked on that you are particularly proud of, and why does it hold significance for you?

    To me, every case is important and challenging and has taught me something or the other which remains with me for a long time. Every case that I have done either before the Hon’ble Supreme Court of India or other High Courts are dear to me. It is difficult for me to pin point a specific case but I must tell you that being a Standing Counsel for the Election Commission of India comes with its own challenges. Why I say this is because Election Commission of India is a constitutional body which is entrusted with conducting the elections of the largest democracy in the world along with the legislatures of the States as well as the Hon’ble President and Hon’ble Vice President of India.

    Of late much has been said about the Election Commission of India in the social media, however, when you appear for the Commission before any Court, it is expected that that you represent the Commission fairly and independently. The Courts also take your word for it because at the end of the day, you are representing a body which is the watchdog of free and fair elections in the country.

    We know you’re deeply involved in legal matters, but when you step out of the courtroom, what’s Ankit Agarwal’s go-to way to unwind? Any hobbies or activities you indulge in to relax?

    For me the best way to unwind is spending time with my family. Whenever I get the time to unwind, I make sure that I go out with my family for a meal or a movie. One thing that the Covid-19 pandemic has taught me is that there is nothing better to spend time with your loved ones.

    For young aspiring lawyers looking up to your journey, what piece of advice would you offer to help them navigate the early years of their legal careers?

    My advice to the young aspiring lawyers will be hat the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. Do not succumb to fear of judgment and pessimism which is very common in our profession. Work hard, trust your instincts and try to be as consistent as you can.

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