Tag: Corporate Law

  • “Stay focused in all your endeavours and distance yourself from people and environments that don’t respect you. Never compromise your integrity.” – Sheffy Bhatia, Head Corporate Legal at Law Veritas : North.

    “Stay focused in all your endeavours and distance yourself from people and environments that don’t respect you. Never compromise your integrity.” – Sheffy Bhatia, Head Corporate Legal at Law Veritas : North.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    You have extensive experience in handling multiple legal sectors including insurance, electricity distribution, healthcare, financial services, and corporate law. How would you describe your professional journey until now?

    My professional journey has been exhilarating! I’ve been fortunate to explore the legal intricacies of diverse sectors like insurance, electricity distribution, healthcare, financial services, and corporate law, each with its unique challenges and legal complexities. Embracing change whenever new opportunities arose has been the key to my growth and success. This journey wouldn’t have been possible without the unwavering support of my parents, who gave me the courage to move forward and face each challenge head-on.

    To start at the beginning, was studying law a pre-decided career path for you? What was your motivation behind growing within the legal field?

    Studying law was never a pre-decided career path for me. I initially aspired to become a veterinary doctor but was destined to become a lawyer. Once I began my legal journey, I realized that law is like a vast ocean—how much you explore depends on your commitment to integrity and hard work.

    My journey from Faculty of Law, University of Delhi, to becoming a Senior Partner at Law Veritas: North has been one of constant growth and learning. After completing my studies, I was drawn to law for its potential to positively impact society, inspiring me to contribute to the legal framework and serve justice.

    You have headed various legal departments of different companies and managed legal and compliance matters and now are the Senior Associate Partner and the Head of Corporate Legal & Litigation at Law Veritas North where being client centric is one of the fundamental values. How do you ensure a smooth workflow and a collaborative and supportive environment within your team?

    Ensuring a smooth workflow and fostering a collaborative environment begins with empathy. Being empathetic costs nothing, yet it builds trust and mutual respect within the team, which is essential for a cohesive work culture. I believe in empowering my team rather than micromanaging. Tasks are delegated equitably, with clear deadlines and responsibilities, allowing each member to take ownership of their work.

    I also implement work rotation to keep things dynamic and encourage skill development. Additionally, we hold fortnightly knowledge-sharing sessions, where team members present case studies, fostering an environment of continuous learning and collaboration. This not only sharpens our collective expertise but also reinforces a supportive and client-centric approach, aligning with our core values at Law Veritas North.

    With 25 years of comprehensive legal expertise across various sectors of law. What is your work day like and how do you balance your personal commitments with a demanding career?

    With 25 years of comprehensive legal experience across various sectors, my workdays are typically fast paced and demanding. When I’m in the office, time flies as I manage complex legal matters, client consultations, and team collaborations. However, balancing personal commitments with a demanding career is essential for me. Once I’m home, the digital ecosystem plays a significant role in maintaining this balance. With most tasks accessible via smartphone, I can manage urgent work issues efficiently while still making time for my family. This flexibility allows me to stay connected professionally without compromising on quality time with the loved ones.

    Your expertise in structuring legal frameworks that align with business goals of your clients is commendable. What are the key instances in your professional career that you’d credit to have shaped your career?

    Key factors that have shaped my career are integrity, hard work, and adhering to promised timelines. Maintaining integrity has helped me build long-lasting relationships with the clients, while hard work has been the foundation of every success I’ve achieved. Sticking to deadlines, no matter how challenging, has allowed me to gain trust and credibility with both clients and colleagues. Over the years, I’ve also had the opportunity to work on complex legal frameworks that align with clients’ business goals, and these experiences have not only sharpened my skills but also strengthened my commitment to delivering best results.

    In your experience negotiating complex contracts and handling high-stakes litigation for insurance and financial institutions, what has been one of the most challenging experiences for you that you’d like to share with us?

    One of the most challenging experiences I’ve faced in negotiating complex contracts and handling high-stakes litigation is aligning all stakeholders. It can be incredibly time-consuming and mentally draining to ensure everyone is on the same page, but it’s crucial for achieving a successful outcome and maintaining strong professional relationships throughout the process.

    Your contributions to the legal field have been widely recognized and you have received several prestigious awards and accolades. How do these recognitions motivate you in your career?

    While I appreciate the recognition and awards, I’ve received, they don’t significantly motivate me. My true drive comes from the work itself, the challenges I face, and the positive impact I can make in my clients’ lives. Focusing on results and client satisfaction is what truly inspires me.


    What advice would you give to the younger generation, especially women lawyers who aspire to excel in the field of law?

    Stay focused in all your endeavours and distance yourself from people and environments that don’t respect you. Never compromise your integrity. The legal field is vast and ever-changing, so it’s essential to keep up with the legal developments. Manage your finances wisely and invest early. Finally, maintain a strong support system at home and delegate time-consuming tasks to ensure a balanced and productive life.

    You are also involved in various CSR activities, including cancer awareness camps and vaccination drives for children in rural areas which reflects your commitment to social responsibility. What drives you to be involved in such activities and are there more such activities that you’re involved in?

    As citizens, we have a moral obligation to give back to society in any way we can. Participating in CSR activities, such as cancer awareness camps and vaccination drives, not only supports those in need but also enhances our sense of purpose and fulfilment. This commitment to social responsibility inspires us to strive for greater positive impact in our communities.

    Get in touch with Sheffy Bhatia-

  • “The prosecutor’s job is not always to secure convictions of the accused at all costs, but to place before the courts all such evidence to enable them to decide the cases appropriately in the interest of justice and equity.” – Bharat Toodi, Company Prosecutor at Ministry of Corporate Affairs.

    “The prosecutor’s job is not always to secure convictions of the accused at all costs, but to place before the courts all such evidence to enable them to decide the cases appropriately in the interest of justice and equity.” – Bharat Toodi, Company Prosecutor at Ministry of Corporate Affairs.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your legal journey began after completing your education at NALSAR University of Law. What motivated you to pursue law, and how did you get started in your career after graduation? 

    It was in the year 2003 when I completed my 12th class schooling. Thereafter, my orientation towards preparation for the civil services exam made me pursue Bachelor of Arts (B.A.) in a college at Hyderabad. It was during such time, where my inclination for pursuing Law degree course from the recognised National Law Schools in India made me to prepare for writing competitive entrance exams for each of the National Law Schools in India which enabled me to secure a Rank in Nalsar University of Law, Hyderabad in the year 2004 after discontinuing the graduation in Arts course. So, my basic motivation to pursue law was for one reason, to have a demanding and captivating career by having a graduation degree in law thinking it can also be useful for practicing law as a career and for the second reason that at the same time it can be used for preparation of Civil Services Examination through UPSC by taking Law as one of the optional subjects. 

    It was in the year 2009, I graduated with B.A., LL. B(Hons.) from Nalsar University of Law, Hyderabad and got enrolled as an Advocate in the year 2009 in the Bar Council for the State of Andhra Pradesh (Now State of Telangana). I had joined as an Associate in a law firm at Hyderabad in the litigation team. During that stage, my keen interest towards corporate litigation practice developed and my drafting abilities for preparation of various memos, petitions and counter affidavits for writ petitions were learnt including the observation of court proceedings in different judicial forums and arbitrations. 

    You have worked on a wide range of cases under the Companies Act and received commendations for achieving convictions. Can you share a memorable case that had a significant impact on your professional growth? 

    There are around three to four specific cases which were dealt by me under the Companies Act in which I have successfully achieved convictions with imprisonment, and they were claimed to be one of the rarest of rare cases as well under the Companies Act. One such interesting prosecution was related to a case filed under Section 628 of the Companies Act, 1956 where the Managing Director and a Director of a Company were impleaded as the accused on the basis that they were the signatories to the Balance Sheets which were uploaded online to the jurisdictional Registrar of Companies (ROC), and that case was proved by concluding that the Balance Sheets filed by the Company were false statements / false documents under Section 628 of the Companies Act, 1956, in which the Hon’ble Special Judge for Economic Offences Court at Hyderabad has sentenced the said accused with imprisonment and with fine.

    As someone who handles corporate frauds and violations, what have been the most challenging aspects of prosecuting such cases, and what insights have you gained that you think every legal professional should be aware of? 

     When the Going Gets Tough, the Tough gets Going. Every prosecution is in itself a very challenging task, as the prosecutors never know on which point a defence counsel can challenge the whole case for it to be proved as a false case initiated and achieve acquittal of the accused. Sometimes, though the case has been properly conducted by the prosecutors, the end results don’t seem to have achieved the required result which disappoints us. However, it is stated that winning a case or losing a case should not be the priority but rather such results should enrich our knowledge thereby leading to improve our work experience in future times. Nevertheless, the prosecutor’s job is not always to secure the convictions of the accused at all costs but to place before the courts all such evidence to enable the courts to decide the cases appropriately in the interest of justice and equity. To be honest, a prosecutor’s job is tiring / stressful and is never appreciated. It is under these circumstances, when appreciation letters from the Government of India Ministry of Corporate Affairs were issued to me with the kind cooperation and supporting roles from the higher authorities of the office of ROC and the Regional Director, made me relieved with such stress and made me to be more responsible, diligent and furthermore to work hard. On the other hand, I would also like to state that there are various persons in my life since the time that I have joined the law course who have made me a complete person of what I am today. So, my gratitude towards such persons whether from family or friends or relatives is always heartfully indebted. 

    One of the challenging aspects of prosecuting cases where corporate frauds and violations are observed is about making ourselves equipped with the knowledge of latest precedents and apply the same to be fitted into the facts of each case. As the Companies Act is an evolving law day by day and is being amended with a view to strengthen corporate governance with the ‘ease of doing business’ for making the companies to be incorporated, the prosecution gets tougher to prove a case because non-compliance under the provisions of the Companies Act is not about always having elements like ill motive / malafide intention to defraud the public at large which includes public interest (non-compoundable offences) but rather it is also about technical in nature for the companies to comply certain mandatory compliances within stipulated time periods given under the law (compoundable and adjudicable offences). 

    What really matters is not only about how the prosecution is dealt with and conducted by a prosecutor or by an advocate being the defence counsels to defend their clients but to know the art of court craft / tactics to enlighten the Hon’ble Courts with the new set of precedents and on the new interpretations of law set by various judicial forums and to know for their applications in the times of need. It is important to enlighten the Hon’ble Courts with the exact interpretation of laws and the provisions available to enable the Courts to arrive at a just decision of a case. This skill also includes to immediately refer to the relied citations or draw the Court’s attention to the relevant document(s) on the point of alleged issues, so as to be clarified to the Hon’ble Courts when sought for. 

    Could you share some of the most significant challenges and learning experiences you’ve encountered as a Company Prosecutor in the Central Government service, and how these experiences have shaped your approach to corporate litigation and prosecution under the Companies Act? 

    I am a first-generation lawyer nor was there any first-hand experience at the time when I was recruited as a Company Prosecutor through the UPSC, to deal with prosecutions under the Companies Act. Therefore, each case dealt by me in the initial days was with a fear that I had in my mind that I should not commit any errors or mistakes while conducting trial proceedings like marking of each document as exhibits which also included the task to produce additional documents as exhibits to be marked wherever required, or by re-calling the prosecution witnesses / defence witnesses whenever required, etc. That thought of mind made me study the cases with attentive mind with the importance of the prosecution documents relied during trial and put forth in my final arguments before the Hon’ble Courts that the prosecution case on hand is a fit case to be prosecuted for making the accused punished in accordance with law beyond all reasonable doubt. My significant challenge or the learning experiences was when I needed to prepare for cross examination of the defence after Section 313 Examination of the Accused was completed. The questions that I prepare and pose during the cross examination of the defence emphasized on the allegations of the prosecution relevant to the facts of the case i.e. ‘the art of cross examination’ and at the same time to make the defence to admit the suggestions being put forth while referring to the exhibited documents, which made / makes my job easy during hearing of final arguments. 

    Therefore, my outlook towards corporate litigation is all about mandatory compliance of the Companies with the laws within stipulated time periods. On other hand, the Prosecutor should make sure that the prosecution is launched within the limitation period in order to realize that the accused or the defence side does not have an extra edge to get an acquittal / discharge based on the very technical issue of the prosecution complaint being barred by limitation. In other words, it means Vigilantibus Non Dormientibus Jura Subveniunt – “The law assists only those who are vigilant, and not those who sleep over their rights.” So, wherever I felt there was a necessity to file an application for delay condonation for filing the prosecution complaint before the Hon’ble Court of law, I made sure that the prosecution complaint was calculated with the exact number of days being delayed in filing the same before the Hon’ble Court and with a prayer being made before the Hon’ble Court on the grounds elicited in the petition so as to condone the delay in the interest of justice and equity. Merely an application for filing of Condonation of Delay is filed on behalf of the Prosecution, it does not mean the Hon’ble Courts will always accept the said Application. Therefore, it was one of the challenges that I specifically faced to apprise the Hon’ble Court that the delay being sought to be condoned on various grounds as requested does not make the defence / accused to be prejudiced and pray that it is also a matter of fact that public interest is involved so that the Company and its Directors are prosecuted rightfully in the interests of justice. 

    You have published legal articles and won accolades for your writing. How important do you believe legal research and writing are for a successful legal career, and what role have they played in your journey? 

    During my law school days, we used to have project works for each subject in each of the semesters. It was during those days, my interest for writing legal articles developed with my initial research work in projects. As law students we need to also undertake internships during semester breaks in various academic / government institutes, organizations, advocate offices, law firms, etc. When I started writing legal articles it was all about making my resume look better to draw the attention upon my resume on such skills I possessed with interest. For example, one of my project works in Law and Poverty course had made me to publish an article about the child labour issues which was related to an internship in an NGO that I underwent during 1st year law student. Later the said project work was further improvised with the concepts studied in Law and Poverty course and thereafter it was published in one of the leading journals of the Indian Institute of Public Administration (IIPA), New Delhi. I won the first prize in the best-case study competitions conducted by IIPA, which was an article written based upon the practical exposure that I had undergone during my internship and as well as by application of concepts that I learnt in the Law and Poverty Course. This was one such instance, where I can say my drafting skills and legal research were improved. As learning is a continuous process, I am still striving to continue with improving my skills wherever possible. In today’s scenario, writing and drafting skills are also helpful in all my court crafts while preparing for the written arguments to be submitted before the Hon’ble Courts. 

    Definitely, legal research and writing skills makes one life easier in terms of litigation practice when the advocates issue legal notices, file their petitions / applications / affidavits etc., before the Hon’ble Court of Laws by praying for the causes for which such applications are filed and seek for Orders. So as to reiterate once again, one has to keep themselves updated with the overall developments and legal precedents which can be useful for their cases in future. So writing skills or legal drafting skills helps once self to critically evaluate the issues in hand of a case and makes us think about concluding the issue with the application of provisions of law at the right stage and right point of time including providing the actual suggestions to improve the current situations in hand. Such skills can make one think about pursuing other professional plans in their career as well. 

    Your career journey has taken you from private law firms to a significant government role. How has this transition shaped your understanding of law and governance, and what advice would you offer to lawyers considering public service? 

    As stated earlier, my career plans were altogether different for the purposes of choosing law as a course subject during my graduation. So, my destiny made me pursue law which enabled me to join the Central Government Services as a Prosecutor under the Companies Act, though my action plan for the career was different. To be honest, it was only after joining as a Prosecutor that I can say that I fulfilled my dreams of getting into a Government Service though it was in a different field. By having stated the same, when my career with a private law firm was started, I was not confident enough in the litigation practice. It was only when the role of prosecutor’s job was undertaken before the Designated Special Court under the Companies Act, I feel I have improved my understanding of law, its true interpretation with its application to the facts of each case and then my argument skills were developed to impress upon the Hon’ble Courts for the desired results. Therefore, according to me, one can do their best when their performance of the task is done with whole heartedness and with passion towards it seeking for the end results as anticipated. 

    What has worked for me may not work for everyone pursuing law so that they may end up in Government Services. However, I can surely advise the younger lawyers to keep their options open when deciding about their future plans for litigation practice, that being in Government Services (whether State of Central) by conducting prosecutions as a Prosecutor can also fulfil their dreams of having a litigation practice from the Government’s perspective. This type of trail court practice enables one to understand the Government’s policies, Governance and application of law from the Government’s view. Therefore, one may also consider entering into public services, if interested, as one of their litigation practice plans by becoming Public Prosecutors / into Judicial Services etc. 

    As a mentor to upcoming lawyers and legal professionals, what advice would you give to those who aspire to specialize in corporate prosecution and arbitration? What are the key skills they should focus on developing? 

    Qualities like Focus, Priorities, Dedication and Determination (FPDD) are essential for the upcoming lawyers to be developed within themselves. One must firstly choose a field in which he/she is interested to pursue in their career. Based on such a chosen option, one must give priority to that chosen field to get the best results out of it by way of keen practice and acquiring knowledge on the chosen subjects. That can be possible by focusing on such priorities, without any unnecessary deviations in the mind set. Finally, it is only with utmost dedication and determination that those priorities focusing on end results can successfully be achievable. 

    Corporate Laws are one of the law subjects which have been evolving rapidly and amendments to various laws are being taken place by the Government of India with an intention of making Companies / LLPs to be incorporated ‘with an ease of doing business’. All the upcoming lawyers or legal professionals must keep themselves informed with such latest amendments by regularly updating themselves through legal references like law journals, newspaper articles etc. One must also have the practical exposure to appear before different judicial forums especially before the trial courts, as trial courts are the first and foremost important forums where the applicability of basic knowledge of laws studied during the study of law courses at graduation level are applied practically. For these purposes, all law students should try to participate in the moot court competitions that are being carried out as a part of their curriculum during their law course. This will enable them to articulate their ideas into expressions without any hesitation or vanish their stage fear and at the same time they inculcate the habit of learning about how to acknowledge the crux of the issues involved in a case by implementation of law provisions into the case on hand. Therefore, one should not only be involved in just study of law subject as a course in itself but must also jump into the practical field work for getting the true essence of being a lawyer by practicing law, right from doing internships during their law study etc. For such work experiences, one must need a source of inspiration from their friends or family or any senior professionals / colleagues who can be their guide throughout their career, which in turn can help them to get the in-depth work experiences as may be required. 

    As someone deeply involved in corporate prosecutions, what emerging trends in corporate law do you foresee, and how do you think legal professionals should prepare to address these new challenges? 

    Corporate Social Responsibility included as a part of Corporate Governance is one of the emerging trends in Corporate Laws. Further, important topics like acceptance of deposits by the Public, Corporate Frauds including related party transactions, oppression and mis-management, mergers and amalgamations under the Companies Act, Dissolutions and Voluntary Liquidations under IBC provisions are few important topics among others to mention a few, for which every legal professional interested to pursue litigation in corporate laws must be thorough with. One must comprehend that they advise their clients based on their own legal due diligence on what makes their corporate decisions to be good for their companies rather than doing an act which only appears to be good on paper but not in accordance with the true spirit of law. Further, I also advise that any legal opinions / advice to their clients must always ensure that their clients respond to the Notices issued from any Government body / agency for alleged non-compliance of laws, if any, by way of a reply to be issued within a stipulated period mentioned in the said Notices. The clients should be also advised that they should not ‘refuse’ nor ‘un-claim’ those Notices addressed to them from the regulatory / administrative bodies. By doing so, they will not welcome any unnecessary litigation that may crop up by side-lining the real concerns related to the companies concerns. Therefore, it is not only the requirement for the companies to be vigilant in compliance with the laws in a time frame but also the legal professionals to be watchful enough to oversee their client’s requirements with correct advice to be given at the right time to avoid any unforeseen legal complications. The duty of the lawyer is to make sure that their client’s grievances are addressed before the appropriate courts of law timely who are seeking for justice, whenever the proposed cause of action will arise or ought to have arisen.

    With such a demanding career, what do you do in your free time to unwind and maintain a healthy work-life balance? 

    I travel with family, I like to paint and draw, I spend time with friends and watch movies during free time. I also like to focus on my physical and mental well-being / appearance by way of maintaining a fit body with exercises and walking / running.

    Get in touch with Bharat Toodi-

  • “Embrace challenges and don’t shy away from stepping out of your comfort zone, as each new challenge is an opportunity for growth and learning.” – Barath Kumar U., Senior Legal Manager at Sona Comstar.

    “Embrace challenges and don’t shy away from stepping out of your comfort zone, as each new challenge is an opportunity for growth and learning.” – Barath Kumar U., Senior Legal Manager at Sona Comstar.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    You started your career in 2009 after completing your law from Dr. Ambedkar Law University, Chennai. What motivated you to pursue law as a career and could you walk us through your journey from your early years in law to where you are now?

    From a young age, I always knew that a career in law was my calling. Even at my early days, I was fascinated by the idea of solving complex problems, advocating for justice, and using my skills to make a real difference. This early passion led me to meticulously develop the essential traits of a successful lawyer—command over written and spoken language, keen analytical thinking, and a strong sense of discipline and time management.

    In 2004, I embarked on my formal legal education at Dr. Ambedkar Law University, Chennai. During my time there, I had the privilege of interning under a couple of Senior Advocate at Kanchipuram Courts and Madras High Court, gaining practical insights into the legal profession. My active participation in moot courts, where I won two gold medals, helped refine my skills in advocacy and legal reasoning. These experiences solidified my decision to pursue law as a lifelong career.

    Upon graduating in 2009, I chose to deepen my expertise by pursuing a Master of Laws (LLM) with a specialization in Contracts, including Mercantile Law. This academic foundation provided me with a nuanced understanding of the complexities of contract law, further shaping my ability to provide strategic legal advice.

    Over the past 15 years, I have built a diverse and rich career in the legal field. My journey has taken me through various industries, including logistics and shipping, insurance, automobile manufacturing, elevators/escalators, and the IT/ITES sector. My practice areas have expanded to include litigation and contract management, compliance, corporate advisory, data privacy, real estate, labor disputes, statutory compliance, mergers and acquisitions, and intellectual property rights.

    In my current role as a Corporate Legal Counsel, I have learned the value of being both a collaborative team player and an independent problem solver. I pride myself on thriving under pressure, approaching challenges with a solution-oriented mindset, and maintaining a meticulous attention to detail. My ability to communicate fluently in English, Tamil, and Hindi, along with my experience in managing legal operations across PAN India, has equipped me to navigate complex legal landscapes effectively.

    Today, my journey in law continues to be driven by the same curiosity and commitment that motivated me as a young aspiring lawyer. I am excited to bring this passion, along with my extensive legal expertise, to new challenges and opportunities, as I continue to grow and make an impact in the legal field.

    You started your career with litigation at the Madras High Court. How did working in litigation shape your perspective towards law and what are your key takeaways from your early years?

    Starting my career in litigation at the Madras High Court provided me with a strong foundation in the legal profession. The experience taught me the importance of meticulous research, attention to detail, and the ability to think on my feet. It gave me a firsthand understanding of courtroom dynamics, judicial processes, and the art of persuasive advocacy.

    Litigation exposed me to diverse legal challenges, from civil disputes to intricate constitutional matters. This exposure sharpened my analytical skills and deepened my understanding of how the law operates in practice. It also instilled in me a sense of resilience and adaptability, as I learned to navigate the complexities of legal proceedings.

    My key takeaways from those early years include the value of thorough preparation, the significance of clear communication, and the importance of empathy towards clients. These principles have been instrumental as I transitioned into corporate roles, enabling me to offer practical and effective legal solutions in a business environment.

    Over the years, you have managed legal departments of many big companies in the past, what has been the most challenging experience for you and how did you prepare to tackle that challenge?

    Over the years, I have had the privilege of managing legal operations for large companies across diverse industries, such as logistics and shipping, insurance, manufacturing, and IT/ITES. Each role brought its own set of challenges, but one of the most formidable experiences I faced involved navigating a complex regulatory compliance issue for a multinational company in the manufacturing sector.

    The challenge involved navigating a dynamic legal landscape, where new regulations were being introduced, requiring the legal team to adapt swiftly. Preparing for this involved a multi-pronged approach. I began by immersing myself in the new regulations to understand their full implications. Simultaneously, I collaborated closely with other departments, like compliance and finance, to ensure a holistic understanding of the challenges and their impact on the business.

    To tackle this, I also ensured continuous training for my team, so everyone was aligned with the latest legal developments. Regular consultations with external experts helped us stay ahead of potential risks. Ultimately, the challenge taught me the value of proactive communication and strategic foresight in legal risk management. It reinforced my belief that, as a legal leader, it’s crucial to be both a subject matter expert and a strategic business partner, providing solutions that support the company’s objectives while ensuring compliance.

    You are currently pursuing your Master’s Degree in Contracts including Mercantile Law. What motivated you to pursue this field as a specialisation?

    Pursuing a Master’s Degree in Contracts, including Mercantile Law, was driven by my passion for understanding the intricate relationships that form the backbone of business operations. Over the years, as I handled various legal roles, I realized that contracts are not just legal documents; they are crucial frameworks that drive business strategy and risk management.

    My experience working with diverse companies exposed me to the complexities of commercial transactions and the importance of well-drafted contracts in safeguarding business interests. This motivated me to deepen my knowledge in this area, so I could provide more strategic advice, mitigate risks, and support my clients or employers with robust contract management.

    Specializing in this field allows me to better navigate the evolving commercial landscape, offering solutions that are not only legally sound but also aligned with business goals. It has also enhanced my ability to negotiate and structure deals more effectively, which is essential in today’s competitive market

    You started your career with litigation. What were the instances that made you switch to corporate in the later years of your career? What advice would you give to lawyers who also wish to transition into corporate roles?

    Starting my career in litigation at the Madras High Court was an enriching experience that laid the foundation for my legal skills. However, as my career progressed, I found myself increasingly drawn to the strategic aspects of law, especially how legal frameworks shape business decisions and drive growth. The desire to be a part of this strategic decision-making process motivated my transition to corporate roles.

    One pivotal instance was when I was working on a case that involved intricate contractual disputes for a corporate client. I realized that my contributions could be even more impactful if I could help structure deals and provide legal insights upfront, rather than addressing issues after they arose in litigation. This led me to explore opportunities in corporate legal departments where I could be involved in preventive legal strategies, compliance, and risk management.

    To lawyers considering a transition to corporate roles, my advice would be to focus on understanding the business side of things. It’s important to develop a commercial mindset and see how legal advice can align with business objectives. Building expertise in areas like contract law, compliance, and regulatory matters can be incredibly valuable. Additionally, networking and seeking mentors who have made similar transitions can provide insights and guidance on navigating this shift effectively.

    Since law is an ever-evolving field with compliances and procedures changing rapidly. Being the Senior Legal Manager at your organization how do you keep up with such changes and what strategies do you employ to mitigate any inconvenience?

    Law is indeed a dynamic field, with new regulations and compliance requirements emerging frequently. As a Senior Legal counsel, staying updated with these changes is critical to ensuring that the organization remains compliant and that legal risks are effectively managed.

    To keep up with the evolving legal landscape, I follow a multi-layered approach. Firstly, I make it a point to stay informed through continuous professional development, including attending webinars, seminars, and legal conferences. Subscribing to legal journals and updates from reputable law firms and regulatory bodies also keeps me abreast of the latest developments.

    In addition, I actively engage with external legal experts and participate in industry networks, which provide valuable insights into trends and best practices. I ensure that my team and I participate in regular training sessions, which helps us collectively stay prepared for any upcoming changes.

    To mitigate inconvenience and ensure smooth transitions, I believe in proactive planning. This includes conducting regular compliance audits and updating our internal policies and processes in anticipation of new regulations. I also prioritize open communication with other departments, making sure that they are aware of any legal changes that could impact their operations. By taking a collaborative approach, we are able to adapt more quickly and minimize disruption to business operations

    You have had over 15 years of experience in the legal profession and have received various awards and recognitions from companies you have worked with. How do these recognitions motivate you and how do you manage your personal life with such a demanding career?

    Having over 15 years of experience in the legal profession, I’ve been fortunate to receive awards and recognitions from the companies I’ve worked with. These acknowledgments are deeply motivating, as they validate my dedication and the value I bring to my role. They encourage me to strive for excellence, constantly refine my skills, and approach each challenge with a renewed sense of commitment.

    However, I also believe that true motivation comes from a passion for the law and the desire to make a meaningful impact—whether it’s providing sound legal counsel, protecting my organization’s interests, or mentoring the next generation of legal professionals. Awards are milestones, but they also serve as reminders that there’s always more to learn and achieve.

    Balancing a demanding career with personal life is indeed challenging, especially in a field like law. For me, time management and setting clear priorities have been key. I ensure that I carve out time for my family, particularly my daughter, and make the most of those moments by being fully present. This balance keeps me grounded and helps me return to work with greater focus and energy.

    I also believe in self-care and pursuing activities outside of work that help me recharge, such as reading and spending time outdoors. Maintaining this balance has been crucial in ensuring that I can continue to give my best both at work and at home.

    You have had an exceptional career with expertise in Litigation, Contracts, Compliance, Corporate Affairs and Liaising with Labor & Govt Authorities across Diverse Sectors. What advice would you give to the younger generation who aspire to have a successful corporate career in the future? 

    Having had the opportunity to work across various areas like Litigation, Contracts, Compliance, Corporate Affairs, and liaising with Labor and Government Authorities, I’ve learned that a successful corporate career is built on a foundation of continuous learning, adaptability, and integrity.

    For the younger generation aspiring to build a career in the corporate world, my advice would be to first master the basics. A strong understanding of the law and its application is crucial, as it serves as the bedrock for offering sound legal advice, regardless of the sector you work in.

    It’s also important to develop a commercial mindset—understanding how businesses operate and how legal decisions impact broader business objectives. This allows you to provide practical, business-friendly solutions. Embrace challenges and don’t shy away from stepping out of your comfort zone, as each new challenge is an opportunity for growth and learning.

    Networking is another key aspect—build relationships with mentors and peers who can offer guidance and support. Stay updated with industry trends and changes, as the legal landscape is ever-evolving, and being proactive will set you apart. Lastly, maintain a strong sense of ethics and professionalism. In the long run, trustworthiness and integrity are qualities that will shape a lasting career and reputation in the corporate world.

    By focusing on these aspects, young lawyers can not only navigate the complexities of a corporate career but also make a meaningful impact in the organizations they serve.

    We see that you are committed to pro bono work with various NGOs and indulge also in career guidance. Can you share your motivation for the same and are there any other hobbies that you’d like to share with us?

    My commitment to pro bono work with various NGOs and providing career guidance stems from a desire to give back to the community and make a positive impact beyond the corporate world. The legal profession has given me a lot, and I believe it’s important to use my skills and experience to support those who may not have access to quality legal advice. It’s incredibly fulfilling to help those in need, and it also allows me to stay grounded and connected to the core values of justice and fairness.

    Similarly, offering career guidance, especially to young law graduates, is my way of paying it forward. I remember how valuable mentorship was for me in my early years, and I aim to offer the same to the next generation, helping them navigate the challenges of the legal profession.  

    If any young law graduates are seeking career coaching, they are welcome to share their updated CV at barathkumar.legal@gmail.com. I will circulate it within my network for any suitable opportunities. Additionally, they can connect with me on LinkedIn at https://www.linkedin.com/in/barath7887/ and join the Legal Job Updates group through this link: https://chat.whatsapp.com/JAzckYGhIfW2ixww31T4gl.

    As for my hobbies, I find a lot of joy in outdoor activities, particularly hiking and nature walks, which help me recharge and find balance amidst a demanding career. I am also passionate about sports like badminton and cricket—they are great ways to stay active and foster a sense of teamwork and discipline. These activities allow me to maintain a well-rounded lifestyle, which I believe is essential for personal and professional growth.

    Get in touch with Barath Kumar U-

  • “No matter what happens in your professional career it is important that you soldier on without giving up. Be positive and look ahead with vigour.” – Ashwin Mathew, Independent Law Practice Professional.

    “No matter what happens in your professional career it is important that you soldier on without giving up. Be positive and look ahead with vigour.” – Ashwin Mathew, Independent Law Practice Professional.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    You completed your law degree from National Law School of India University, Bangalore and received various awards and accolades, what were the instances that made you pursue a career in law?

    I think my decision to pursue law as a career was influenced by two distinct phases in my life. The first phase was before I joined NLSIU, Bangalore. I was an avid reader and enjoyed the works of Erle Stanley Gardener and Henry Denker. The former created Perry Mason who was an excellent criminal defense attorney and the latter combined law and medicine in his books which appealed to my background as a science student. The second phase was after I joined NLSIU, Bangalore. NLSIU, Bangalore was a nascent institution at that time but the structure that had been put in place ensured that I truly appreciated the intricacies of law. NLSIU, Bangalore had a superb Director in the late Dr. N. R. Madhava Menon, who all of us students admired, a dedicated group of teachers, an excellent student pool and extremely supportive staff. The curriculum of NLSIU, Bangalore was rigorous. It was based on the trimester system. Each trimester had 4 subjects. For each subject a project had to be submitted. There were also two sets of exams and a viva voce for each project. Attendance was also marked and anyone with less than 75% attendance could not sit for the final exam. This challenging curriculum made me appreciate the various laws and the intricacies involved. Initially my performance was average but in the 3rd year when the subjects were all legal, I flourished and my cumulative grade point average rose. I fully appreciated that law was about problem solving with regard to which my science background helped immensely. This convinced me that law was a sound career option.

    You have completed your master’s degree from the University of Cambridge, United Kingdom where you specialised in subjects such as International Banking and Financial Law, Corporate Finance, International Commercial Litigation and Jurisprudence. What piqued your interest in Corporate and Commercial Laws as a specialisation?

    My interest in corporate and commercial laws was piqued during my first job at Amarchand & Mangaldas. I was recruited from campus by the erstwhile Amarchand & Mangaldas to work in Mumbai. I was assigned to the team of Mr. M. P. Bharucha and Mrs. Alka Bharucha. At that time, I was completely green on the practice of corporate and commercial law and made some embarrassing mistakes at the start. Mr. and Mrs. Bharucha were excellent seniors and mentors who provided superlative advice and guidance which helped me appreciate the nuances of corporate and commercial law. Also, their practice was not specialised so I was exposed to different kinds of matters. As time went by, I got to work on more and more complex matters. Amarchand was the premier law firm of the time and as a result there was no dearth of such transactions. I worked for 6 years at Amarchand and in the end I had an abiding interest in corporate and commercial law. Therefore, it was natural to choose corporate and commercial law as a specialisation at University of Cambridge, UK (“Cambridge”). At this point I must mention what my experience at Cambridge was like. Cambridge is one of the premier institutes of learning in the world. I did my Masters in Law or LL.M at Cambridge. Students from different nationalities come to Cambridge each year making it a melting pot of cultures and backgrounds. Cambridge also exudes a sense of learning by fostering the growth of knowledge. A Masters at Cambridge focusses on self-study. Classes are few although taken by giants in their field. A Masters student is expected to spend the rest of his or her time studying on their own. At the end of the course period examinations are held which are difficult. If you want to broaden your mind by being exposed to a different approach to education than institutes like Cambridge are for you. The only factors you need to keep in mind are the challenges in getting admission and the costs.

    You have worked with various law firms and advised domestic as well as international clients with issues relating to corporate and commercial laws. What has been the most interesting issue you have faced and how did you resolve that issue?

    This is a difficult question to answer. In my experience, every matter you work on throws up interesting issues. Of the many issues I have had to grapple with, a few come to mind. The enforceability of pre-emption rights and put and call options in a shareholders agreement or joint venture agreement, the enforceability of notice periods in employment contracts given the legal restrictions on restraint of trade, whether the indemnity provisions in the Indian Contract Act, 1872 are a complete code, the relationship between indemnity and damages, the distinction between representations and warranties, the effect of imperfections in the procedure followed under SARFAESI on the ultimate sale of the secured asset and finally, stamp duty on documents executed outside a state when brought into a state and effect of non-payment of stamp duty. These issues aside, I think my most memorable experience with a prickly issue happened when I was at Lakshmikumaran & Sridharan (“L&S”). The question was whether a subsidiary company would include a limited liability partnership (“LLP”) for the purposes of the Companies Act, 2013. The definition of a subsidiary company provides that the expression “company” in the definition includes any body corporate. The definition of “body corporate” is an inclusive definition and includes a company incorporated outside India. These two definitions did not provide any clarity on the issue before us. I then sat down with a person I consider to be one of the finest lawyers in India, Mr. V. Sridharan, Senior Counsel and one of the founders of L&S to examine the issue. At Mr. Sridharan’s behest we examined all the background material pertaining to this issue. This included the Companies Act, 1956, the Companies Act, 1913, the Statement of Objects and Reasons and Notes on Clauses contained in the various Companies Bills that preceded the Acts and various Committee reports. At the end of this comprehensive analysis, we concluded that an LLP was a body corporate for the purposes of the definition of a subsidiary company under the Companies Act, 2013. This experience with Mr. Sridharan was an eye-opener for me on the importance of thorough research where every aspect is examined before a conclusion is reached. It also emphasized one of the cardinal rules of statutory interpretation which postulates that when a statute is ambiguous you must look to the objects of the clause in the statute to determine its meaning. I am eternally grateful to Mr. Sridharan for the lessons he taught me during our interaction.

    You have immense knowledge and practice in areas relating to corporate and commercial laws, private equity investments, mergers-acquisitions and joint ventures, financing, insolvency and bankruptcy matters and other allied areas. Which of these areas is the most interesting to you and how do you keep up with the changing trends in law pertaining to these areas?

    I think that the areas that I enjoyed the most were private equity investments, joint ventures, insolvency and bankruptcy and general corporate advisory. There is no fixed way to keep current in a field of law. Some professionals read law journals and others follow the latest news. My methodology was a little different. When an issue came before me in any of these practice areas, I researched every aspect of the law related to that issue so that I was current. Another thing I do is regularly read newsletters of top law firms on latest developments.

    Your expertise in the Commercial and Corporate law area is commendable, would you like to share with us how your journey has been so far?

    My journey so far has been exhilarating even though it has had some extreme lows. The only things I wish could have been different is if I had been re-instated as partner in Khaitan & Co and if I had continued at Lakshmikumaran & Sridharan where I am confident, I could have made a difference. That said I am ever grateful that I got to work with, and learn from, some of the finest legal and business minds in India and abroad. I have also had excellent juniors who were quick to learn, helped me learn and made my job so much easier. I have advised on significant, complex and cutting-edge transactions all thanks to the faith reposed in me by the various organisations I worked for. All this has helped me grow as a professional and as a person.

    Would you like to share with us one key learning that you have always followed throughout your career which has helped you navigate the rough patches?

    There are a few things that I follow that give me strength and courage. The first is the motto of my school – Never Give In. No matter what happens in your professional career it is important that you soldier on without giving up. After all there is always light at the end of a dark tunnel. So be positive and look ahead with vigour. The second is a quote of Abraham Lincoln which my father swears by, “If I had eight hours to chop down a tree, I’d spend the first six hours sharpening my axe.” This quote emphasizes the importance of preparation and how working smart is sometimes better than working for long periods of time. The third is a coffee mug quote which resonated with me “Quality only happens when you care enough to do your best. Always care about what you do to ensure that the outcome is of a high standard. I have tried to stay true to these sayings to my benefit.

    You have advised many national and international clients in investments that involve a huge amount of money, what is your experience in dealing with such responsibility and pressures?

    I have never had a problem handling the responsibility and pressures of my work. This is because I loved what I was doing and always had very good professionals working with me to lessen the burden. I handled these big matters when I was part of top firms with several bright professionals and I never did it alone. There was always a team working with me to ensure that the load was not concentrated in any person.

    What advice would you give to the young lawyers just starting out, aiming to pursue a career in the field of Commercial Laws and Private Equity Investments?

    My primary advice to young lawyers is that every practice area is unique and it is important to understand the basic and key elements of the practice area you are working in and the main drivers of such practice area. Also, a young lawyer must not be afraid to speak up and raise doubts because only then will he or she learn. If a young lawyer is given a piece of research, he or she must examine the issue threadbare by looking at the statute book, commentary, case law and articles by prominent authors. Finally, a young lawyer must pick his or her senior’s brain when he or she hits a roadblock because many a time experience trumps book learning.

    As regards private equity investments, a young lawyer must understand the various kinds of investment and the various kinds of companies that receive such investment. A start-up company receives seed funding and venture capital funding which could be spread over a number of rounds. Private equity investment on the other hand is risk free capital (for the investee company) invested in a mature company for a minority stake. From the investor’s perspective the investment is high risk but the potential returns can be substantial. The investment has a certain horizon and the investor must be given an exit at the end of this period, either through an initial public offering (“IPO”) by the investee company or a buyback by the promoters / investee company at a certain internalised rate of return. Most private equity investors prefer to exit through an IPO since the return can be very high but that may not always be feasible given market conditions. The other thing to bear in mind for private equity investments is that the investor only holds a minority stake. The Companies Act, 2013 has various thresholds of shareholding each of which give a certain set of rights to the shareholder who holds that percentage or more. Depending on the extent of a private equity investor’s holding and considering the thresholds under the Companies Act, 2013, a basket of rights must be granted to the investor.

    The reason I have discussed some aspects of private equity investments is to give young lawyers a flavour of the issues that they need to grapple with and provide some insight on how these issues need to be addressed. A prominent private equity investor once told me that the most important consideration while negotiating a deal is fairness. If a demand made by the other side is fair, there must be very strong reasons to reject it. If this mantra is followed not just in private equity deals getting a deal done would be expedited.

    You must have a fast-paced work schedule, how do you manage a work life balance with a demanding career?

    I strongly believe that a legal professional must ensure that he has a life outside the workplace. To do this he or she must not spend long hours at the workplace unless warranted by the demands of the job. In my case, I made it a point not to waste the normal working hours at the office. If you use the 9-10 hours at the office wisely, there is no need to sit late. This would ensure that after you got home you could pursue your other interests allowing you to maintain a healthy work-life balance. Another point in this regard is the importance of cultivating your interest in a myriad areas of life so that there is never a point when you feel bored.

    What have been some of the most important cases you have dealt with and is it possible for you to share details of any of your cases and your modus operandi to approach and prepare for that case?

    There are three matters that I would like to share but unfortunately due to confidentiality constraints I can only give you the broad contours. I cannot go into details or my modus operandi to approach and prepare for the matters. The first matter is the failed consolidation of the erstwhile Birla, Tata and AT&T with BPL Communications. As part of the Amarchand & Mangaldas team we helped draft the consolidation agreement. After the consolidation failed, BPL approached the Bombay High Court. The matter was argued before Justice A. P. Shah by Mr. M. C. Chagla, Senior Counsel and Mr. P. Chidambaram, Senior Counsel. This was the first time I witnessed an agreement drafted by us being tested in court.

    The other two matters involve Blackstone’s investments in Gateway Rail Freight Limited and Jagran Prakashan Limited.

    If the question pertains to litigation, I must admit I have not appeared in many cases before the courts. For the cases where I have appeared, I have found that strong preparation is very important. Knowing the dates and events is paramount. Also, it is very important to know the pleadings and the exhibits. You also must know all relevant case law. You must weave a story for the judge while also anticipating the arguments of the other side and pre-empting such arguments.

    Get in touch with Ashwin Mathew-

  • “Whether in litigation or corporate advisory, balancing dynamic challenges requires not just legal skills but also an entrepreneurial mindset.” – Ramaiya Narayan Sharma, General Legal Consultant at R&R Advocates Law Office

    “Whether in litigation or corporate advisory, balancing dynamic challenges requires not just legal skills but also an entrepreneurial mindset.” – Ramaiya Narayan Sharma, General Legal Consultant at R&R Advocates Law Office

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

    Could you please share what initially sparked your interest in law and how your early experiences at ILS Law College and Crawford Bayley & Co. shaped your legal career?

    Well, an interest in law sparked since it was a technical field for students after high school (12th) who did not want or rather could not become doctors or engineers, could join five five-year integrated law courses. I wanted to pursue a technical field rather than going for a simple graduation of three years and then preparing for civil services (UPSC) or any State government jobs, etc.  The five-year integrated law course was in trend at that time in the year 1998. Further, the third year of the law degree i.e., Bachelor of Socio-Legal Sciences (BSL) of the five-year law course was considered and treated as equivalent to any graduation degree. Hence one had the flexibility to switch from law and pursue a job, take government examinations, etc. after completing the third year of the five-year law course. Lastly, the five-year law course also saved an additional year for those who did not want to graduate from any stream for three years and then pursue the conservative law course for an additional three years.

    As regards ILS Law College Pune, I must say it is a complete institution for shaping someone who wants to make his or her career in law. The campus, the Library and the faculty were at our time and even now the best. At that time in 1998, I also had an offer to join Symbiosis Law College, Pune but I chose ILS for the reasons above.

    After passing out law from ILS Law College Pune, I got placed in Crawford Bayley & Co. Mumbai in their customs and central excise department. It was a Solicitor’s firm where I learnt about how do firms practise and functions. As a novice, I had to do lots of research work, file reading, notes preparation, and brief keeping and assist seniors both in courts as well as back office. Initially working here taught me a lot. 

    From starting as an Advocate Assistant to holding senior roles in renowned companies, how has your understanding of the legal profession evolved over the years?

    I pursued law as a means to earn my bread and butter. Initially, like many, I was unsure of where I would land in this profession because it is such a diverse field. One thing was clear: I had to learn and earn. In my view, what we study or do during our law degree is primarily for passing exams and obtaining a license. The real challenge begins when we have to apply that knowledge practically once we start working. The learning process is never-ending in this profession. Everyone will agree that we are learning every day because the law is always evolving based on facts, needs, and circumstances. Laws are amended, updated, and are dynamic.

    I have learned throughout my journey, starting as an Advocate Assistant in law firms, moving to corporate houses as an in-house counsel and head, and even now as an independent legal counsel. As an in-house counsel, my role focused more on addressing business and commercial needs with the laws applicable to the industries I was supporting. On the other hand, as an independent counsel, I am responsible for ensuring the overall execution of legal strategies.

    As an in-house counsel, I relied heavily on timely feedback and inputs from the business team to achieve the best results. Therefore, networking and maintaining good relationships with the business team were crucial. In both in-house and independent roles, the application of any law, strategy, or action in a given scenario can only be effective when we have the correct and relevant facts.

    Having been part of both in-house and independent setups has given me valuable insight into what is expected from me in any given assignment. Additionally, as lawyers, whether in-house or otherwise, we must stay up-to-date with technology, computers, legal software, and MS Office, as these tools enhance our efficiency and boost overall productivity.

    What motivated you to establish R&R Advocates Law Office in 2020?  

    I have been in a job for a long time either in law firms initially or as an in-house and head legal later with domestic and multinational corporate houses. I wanted to give it a try to independent work. Some of my well-wishers from the industries I worked with, their trust and networking motivated me to establish my office fully in January 2022 although I had initiated the setup in October 2020. 

    With your extensive experience in arbitration, can you share key strategies that have helped you successfully resolve complex disputes without resorting to court battles? 

    The strategies would depend on the stage of the arbitration proceedings one is involved in. If we are defending or initiating arbitration, it may ultimately be difficult to avoid a court battle, as either party is likely to challenge the arbitration award. In my experience, I have not encountered a situation where the parties involved in arbitration have fully accepted the award without further dispute. However, from a commercial standpoint, there may be opportunities for the parties to negotiate before the commencement of arbitration proceedings and mutually agree on a way forward, rather than pursuing arbitration or other legal recourses. This would depend entirely on the commercial aspects, the agreement in place, and the specific facts and circumstances of the case.

    The construction of the agreement is crucial. As an in-house legal professional working with corporates, I always ensured that business agreements were thoroughly vetted, with legal clauses carefully aligned to meet both commercial and industry requirements. This approach left very few loopholes for the other party and allowed us to enforce or negotiate the terms of the agreement in the event of a dispute, thus securing the organization’s rights and minimizing the chances of legal battles in court.

    You’ve worked on matters involving international collaborations, like with IFFCO-TOKIO. How do you navigate the complexities of cross-border legal issues in today’s globalized business environment?

    Before addressing the main part of the question, I would like to mention that while working with IFFCO-TOKIO, I also pursued my Master’s degree in Law (LLM) in 2017 from K.R. Mangalam University. The classes for my Master’s were held after office hours.

    IFFCO-TOKIO operates in the General Insurance sector, and it was crucial to regularly review and adhere to relevant government policies and regulatory circulars to avoid any non-compliance issues that could affect both domestic and international stakeholders.

    Regarding the complexities of cross-border legal issues, it’s essential to ensure that stakeholders and regulatory compliance are properly managed to minimize business risks. Today, technology has advanced to the point where connecting with offshore partners is no longer a challenge. This allows for comprehensive strategies to be planned well in advance, effectively foreseeing and mitigating risks within a set timeframe.        

    You have experience in both litigation and corporate advisory. How do you balance the dynamic challenges of litigation with the strategic nature of corporate legal work?

    The best part of having worked as an in-house counsel with various corporate houses is the exposure to a diverse range of legal issues related to different businesses. This experience has been invaluable in my independent practice, allowing me to better manage the dynamic challenges of corporate legal work. As an independent practitioner, one must also embrace an entrepreneurial mindset. You are responsible for overseeing all aspects of the work, whether you handle it personally or collaborate with others. In this role, you’re not just functioning as a lawyer—you also take on responsibilities in PR, office management, administration, and promotions.

    For current law students or early-career professionals, what areas of law do you think will be most crucial or in-demand in the next decade? 

    In my views there are many but to name few, corporate and commercial laws, Human Rights & labour laws, tax laws, Intellectual Property Rights, Criminal Laws, Consumer Laws, Competition Laws and Arbitration will be in demand. 

    What advice would you give to young legal professionals who are starting their careers? How can they effectively navigate the challenges of today’s legal landscape?  

    In my views there is no fit formula. It is all based upon an individual as to how does he want to mould his career in law. If we go by conservative mechanism, sincerity and continuity in whatever one is doing is important without thinking about what others are doing. One has his own potentials, hence he or she should give the best out of it. To know what is happening around or to say be aware of the environment around him or her to evaluate, calculate and take decision will be important at any stage. Identify your strengths and weaknesses and work upon them but do not waste much time thinking because may are in the race and no one is indispensable.     

    With such a demanding profession, how do you unwind and maintain balance in your life? What activities or practices help you recharge?  

    I have always starved for time management. The more I try, the difficult it gets. While in job there is a fixed schedule of reporting to office with punch in and punch out and many work even after office hours. But till I was in job, I tried not to carry pending work home unless it was unavoidable. I focused on being physically active from very beginning of my career and even before that. Every day for past 20 years I have spent one and half hour daily either going to gym for light exercises and cardio, running, jogging and playing different sports like badminton, cricket, etc. This has helped me staying fit both physically and mentally as not only this profession but any demand good health. I am a teetotaler. I do party very occasionally but not late nights. I spend time with family and my near and dear ones mostly. These are the few things that has kept me going.

    Get in touch with Ramaiya Narayan Sharma-

  • “Life as a lawyer is a test match, not a T-20. Keep putting your head down, work, and trust the process.” – Prashanth Shivadass, Partner at Shivadass & Shivadass (Law Chambers)

    “Life as a lawyer is a test match, not a T-20. Keep putting your head down, work, and trust the process.” – Prashanth Shivadass, Partner at Shivadass & Shivadass (Law Chambers)

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

    Can you share what initially inspired you to pursue a legal career and how this journey has shaped your professional philosophy?  

    My introduction to law happened in my 7th or 8th grade (around 2002) – my father was arguing a matter before the High Court – I knew nothing about what a Court is, what a lawyer does or for that matter, even what a Judge did. I was curious because I wanted to know what my dad did for a living.

    It was a tax matter that he and his team were arguing – I didn’t quite understand the matter because I went on the 3rd day of their arguments, so a large part of the matter had been argued. But I understood the underlying transaction and the business model.

    This pulled me into reading newspapers, especially the business section, to understand the changing aspects of the business environment, new technologies etc. I decided then, that science and aspects of science, are not my cup of tea and to pursue arts and commerce, which eventually led to law (clubbed with my very menial academic scores). 

    Studying for an examination and/or interviews has never been a strong suit of mine, so cracking anything in the first instance was out of the question – which is why, I liked the concept of doing something with ‘practice’ – I played cricket when I was in school and university (under-graduation and graduation), so I know the impact of practising before a game. I think of law the same way, where a Courtroom is a beautiful playground where there is an interpretation of something in black and white against the backdrop of the kind of businesses – law catches up with changing business experiences.

    My philosophy for practising law is based on everyday practice and reading – there is no escaping hard work and long hours, no matter which generation relays this out – there is no denying that there needs to be a balance between work and life, but there will be many instances where work will take away many vacations and time away from life and family, so choose well.

    Your academic credentials include a Master’s degree in Competition Law from Queen Mary University of London. How has this international education influenced your practice, and what value do you think global exposure brings to a lawyer’s career?

    Interestingly, many seniors I spoke to during my law school days and the first two years of my practice, said a master’s degree in law was completely unnecessary to practice in Indian Courts. But 2 years into practice, I got so engrossed in work, with long hours and no breaks, and that was when I had a moment of realization that led me to think – I like working and the long hours, but the longer I stretch this out, the harder it will be to come out and become a full-time student with a lot of time on my hands.

    I then decided to maybe take a couple of years when I could (luckily with no financial and other obligations), to study something I wanted and also, see a part of the world, meet different people across the world, understand different cultures, learn different business models, firm models etc. To this day, I value and cherish my period in London and the connections I made then.

    I think a master’s degree abroad is good and valuable when you have a specific goal in mind – I wanted to study Competition Law (from an EU and UK perspective) and understand how the Magic / Silver Circle law firms work, how the ‘Chamber’ model works in the UK. Plus, I like driving and travelling, so there was no better place than the UK for me (even considering the cost, since it is significantly cheaper than the US).

    You have a rich background in various areas of law, including Competition and Antitrust, Corporate and Commercial laws, Taxation etc. Could you share how you developed such a diverse expertise, and what drew you to specialize in these specific fields?

    Antitrust was and continues to be my first love, I fell in love with it in law school because there is a very balanced economic approach to it. Unfortunately, I do not practice it as much as I would like, but I do keep up with its evolution. 

    The other intriguing area that is coming up and that has excited me for a while is data protection – especially, with the current growth of AI – it will be very fascinating to bring out a fine line between right and wrong, in this technologically advanced society.

    Tax for me is a much-liked inheritance – having started with despising the area because of its complexities, my growth in law has been because of tax matters. I have over time, grown into and loved tax, with these same complexities it creates. 

    I think coming to like a subject/area in law, is intensely personal. I know lots of friends, who love doing original civil and criminal work since it gives them a different kind of joy – muddled in facts and evidence, interpretation of a different area of law and procedure daily etc. – different Courts of practice (original, appellate, quasi-judicial), city of practice etc. also make for a decision. 

    But if I were to specialise in a certain area, I’d give myself a good 5 years, before I can even begin to think that I have a hold on the subject.

    Your firm, Shivadass & Shivadass (Law Chambers), is known for its work in Litigation (taxation, commercial etc.), Corporate Law etc. How do you approach building a specialized practice in these areas, and what advice would you give to young lawyers aspiring to excel in these fields?

    Building a practice is convoluted. Some factors are beyond control (time, place, resources etc.), but quality of work and staying updated with the law is always within one’s control. Sometimes, a pragmatic approach towards the question of law and the transaction goes a long way in assisting both the Client and the Court.

    I’ve also noticed that knowledge sharing by way of writing articles, and books, helps dissipate your point of view of a certain area or provision of law. This also gives people a chance to gauge their understanding of law and personality.

    Unfortunately, building a practice takes a long time. But should lawyers choose to build a core practice, my advice would be to let your growth in that area be ‘organic’ – it will be more credible that way. Avoid instant marketing and instant gratification, because as a field, instant gratification in law tends to break you more than you would think.  

    Having worked with top law firms and the office of the Solicitor General of India, how did these experiences shape your perspective on the practice of law, and what key learnings have you carried forward into your own firm? Please share your experience.

    For this question, I will consider my experience from both my internship and practice perspective – be it firms, companies or chambers (including the SG’s office). 

    You garner different perspectives of law when you either intern or work. Big law has never fascinated me much, but I’ve always wanted to learn how big law functions – administratively i.e., marketing, practice area development, quality of work and output, deadlines, team structure, management structure etc., as opposed to a chamber practice, where your quality is determined by your legal prowess and how you present the case before a Court – the marketing here, is your presentation and skills before a Court, which spreads more by way of word of mouth, often the older marketing tactic.

    Having become a lawyer and spent nearly 12 years so far, I have now come to terms with what areas I want to specialise in and how I want to take this forward. Therefore, while driving this ethos for our ‘boutique firm’, I draw a fine balance between a law firm model and a chamber model. It’s been a great learning and there is so much more to learn – but I don’t shy away from making mistakes because, for me, mistakes are the only way to test your ideas.

    As a trained Carnatic classical singer and a state-level cricket player, how do you balance your demanding legal career with your hobbies, and do you believe these interests contribute to your professional success?

    I honestly wish I’d kept up with my singing and/or my cricketing abilities – to date, I feel I’ve spent more time on work and law than my hobbies, which is not a good sign. Frankly, having a passion/hobby outside of law is of real benefit. 

    While people do say that work is passion etc., I must admit, there are situations in my very small career, where reading books, musical therapy (be it in the form of listening to new music styles or immersing yourself in age-old classics) or catching a small practice game or tapping a few balls in the nets, helps clear your mind off negative energy, which tends to be a lot more in this industry.

    We get stuck with trying to achieve a great deal, too soon, that we fail to realise that life as a lawyer is a test match (that ends on day 5 at 4.30 PM) and not a t-20 that ends in 3 hours. Teamwork and building a team (any team), is the fulcrum of any sport. 

    Music, on the other hand, brings out the creative energy and strength in a person, which helps in clear thinking and concentration. I often ignite my spiritual side with a little of MS Subbulakshmi and some Carnatic music daily, which then moves to some Indie-rock, classic rock etc. It also gives you a sense of calm in toxic situations and keeps your emotions in check.

    This has helped me in various ways to keep that balance and I genuinely encourage everyone, not just lawyers, to have these hobbies (and just think of them as hobbies and not ‘side hustles’). This keeps you grounded. 

    With your extensive experience, what do you consider to be the most important skills or qualities that a lawyer should develop to succeed in litigation?

    By default, every lawyer has to read – there is no escaping. You may have a team either giving their comments on an agreement or briefing you on a matter (post discussions with Clients) – but unless you pick up the draft or file to read and make your notes, it will never survive the quality you want to achieve and build a name for yourself. We have to read for life, so the sooner this realisation hits, the better. We must strive to constantly read, and there is enough for everyone who wishes to absorb. Reading also makes your life easy when drafting, presenting a case before Court or simply, comprehending a bulky file in a time-efficient manner.

    The second skill is to use simple but effective words and learn the art of presentation and speaking. A lawyer should never have visible ‘stage fright’ – you may be shaking with fear within, but strong oratory skills and clarity of thought, take you a long way.

    The third and rather important skill is to treat ‘time’ as a dear friend –‘time’ can make or break you. Usage of time effectively and efficiently is an art in itself and respecting time is another. We cannot strive to have a silk gown within 10 years of being an advocate and yet, not use 24 hours effectively and efficiently. 

    I take whatever pending work I have to Court, for instance – while waiting for a matter, I read up on new cases, correct opinions and other drafts and/or, watch proceedings and note down similar cases that are being argued, which can be used as a precedent for some of my cases. I trust the process and patiently wait for my time to shine, while choosing all along, to keep putting my head down and working.

    You’ve been involved with a wide variety of matters across different forums / Courts. How do you navigate complexities of different matters across these forums? 

    A few years ago, I was in Court as part of a batch matter and the leading Senior Advocate on the matter was sitting beside me. Out of curiosity, I asked him, ‘Sir, do you think the matter will end today?’. He smiled, looked at me and said ‘Just remember, every matter has its fate and destiny’. I’ve come to realise that line today when on certain days, the Bench is with you and then flips completely the very next day. There are also situations, where you may be close to a disposal of a matter, but the matter never reaches and is not picked up for the next 6 – 8 months.

    Amongst other things, which is reading the file (concrete factual aspects, the law and the application of law to facts), making your notes etc., some other things we keep in mind is the language of the Judge i.e., the Judge’s view on an area or subject of law, their insistence on procedure, decorum in Court, manner of presentation, grip and handle on the subject, etc. 

    We don’t realise it often, but Judges today are under the immense pressure of workload – it is never an easy task being a Judge; social media only brings out one side of it but there is a side that only arguing counsels know – on an average day, each Judge (of whatever position), works at least 16 – 18 hours. It is sometimes inhumane but that is the reality. If you keep this in mind, you know how to navigate in a Court viz., your facts, arguments and the law. Being always prepared is never a bad thing – 5 minutes is enough to turn a case around and get a positive order from the Courts.

    Given your extensive experience, what advice would you offer to young legal professionals aspiring to become litigating lawyers?

    I know this will be hard for many to read – but give litigation a chance. I do understand that the hard work and long hours with menial pay are not as attractive as the fancy pay and lifestyle of big law or a corporate law firm – but if one can push themselves, there isn’t a place to be at, other than a Court. The money, name/fame, and adoration, that you receive from Judges, peers etc., is unmatched.

    The second is to never take a file/matter, lightly – even if it is just for an adjournment/Passover or the fact that it is ‘just a matter at consumer court’ or ‘just a civil court hearing’. Every matter, of whatever nature, is absolutely important to your credibility as a litigator. 

    Third – find a mentor; a mentor who is willing to take risks with you, a mentor who not only guides you but allows you to fail and learn, a mentor who gives you opportunities. Unfortunately, such mentors may not be in a position to pay you much – but, when you have such opportunities, you can create your own brand, perhaps even get some of your cases to cover up the balance in terms of pay.

    Get in touch with Prashanth Shivadass-

  • “Technology has the potential to bridge gaps in our legal system, but it must be implemented thoughtfully with the citizen at the center” – Suprya Prakash B S, Programme Director at DAKSH

    “Technology has the potential to bridge gaps in our legal system, but it must be implemented thoughtfully with the citizen at the center” – Suprya Prakash B S, Programme Director at DAKSH

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

    Hello, and welcome to the new episode of SuperLawyer. Today, we have with us an esteemed fellow and Program Director at DAKSH, Surya Prakash BS Sir. Welcome, Sir, and thank you for agreeing to meet with us and give this particular interview to SuperLawyer YouTube channel.

    Thank you so much, Divya ji. I’m happy to be part of it. I’m looking forward to this conversation and sharing my journey.

    Let me begin with Sir’s journey about DAKSH, a civil society organization that undertakes research and activities to promote accountability and better governance in India, which almost all of us try to find in society.

    Now, I would like to begin this interview with a very small question: When did you decide to become a lawyer? Why did you decide to become a lawyer after having such an amazing career as a CA since the year 2000?

    So, I was a Chartered Accountant, working in the IT industry on the corporate side. After I started getting into tax litigation and handling tax matters for these companies, I realized the importance of having knowledge of the law, not just tax expertise. Law is such a broad field that I believe everyone should have some understanding of it. It’s like arithmetic—it’s as fundamental as reading and writing.

    In modern society, law should be a necessary subject for all of us to be aware of in some form or another. And this is especially true when you’re dealing with a complex topic like taxation. Taxation is not for everyone—it’s a highly technical subject. But when it is applied and administered by officials, and adjudicated by generalists like judges or lawyers, it takes on a life of its own.

    That’s when I realized that you need to be able to speak the language of these other communities. It was a very intellectual realization that led me to choose to study law. I thought, “There’s something on the other side of the river; let me explore it and see how much more enjoyable it might be.”

    Sir, given that fact, you have transitioned from being a CA and absolutely successful career and then to law. And you have also been the program director at DAKSH. You have led many, many initiatives, like rule of law project and setting it up in the law and technology department at IT Delhi. How do you see these projects aligned with your vision for the future of India’s legal landscape? What are your plans regarding that?

    I’ll take a few minutes to address this, so please bear with me. This is a very important question, and many of us may not fully grasp the gravity of the situation.

    As India matures and transitions from a middle-income to a high-income society, we need strong institutions. Our society is evolving—from an agricultural-based economy to an industrial, and now a technological income-based society. During this transition, many aspects of our society are creating friction. Personal lives are being disrupted, people are being uprooted due to migration and environmental changes, and there is a constant clash between the haves and the have-nots.

    In this journey as a nation, I believe that what will hold us together—apart from each of us individually becoming more enlightened and aware of our motivations—are strong public and governance institutions. These institutions need to withstand the rise and fall of the tides of time and the pressures of street politics. The key question is, how do we maintain our integrity and distance ourselves from these pressures?

    With that objective in mind, the rule of law project at DAKSH was initiated by a group of people, including Harish Narsappa, now a Senior Advocate at the Karnataka High Court, and Kishore Mandiam, one of the active members of the team. I joined the project in 2015. As we began working, we realized that while systemic change and strong institutions are crucial, it is equally important to engage with the citizens on the ground. What do they want? What are their expectations? How do they perceive these institutions?

    Our perspective has always been focused on systemic change and institutional engagement, but from the citizen’s perspective. This approach has been our guiding principle over the years. We do not reject any perspective—whether sociological, economic, systems thinking, or technological. All these are tools that we should use appropriately to make change possible. One significant advantage of technology is that it allows for scale; it overcomes geographical and physical limitations, making it a very attractive tool. However, it must be used carefully and appropriately, which is always a challenge.

    When we were contemplating how to use technology and analytics, an opportunity arose for us to partner with IIT Delhi, leading to the establishment of the center there. We look forward to many more collaborations with other institutions and engaging in impactful initiatives.

    So, sir, given your background, you have also co-edited the book called Technology and Analysis for Law and Justice. How do you see technology and analytics playing a role in improving access to justice and enhancing legal outcomes? I would like to also add to this, how do you foresee it is going to change our legal justice system? The problem is, that we have to first understand how technology is infiltrating our lives as well. We would love to hear your views.

    I think the answer to the question is evident in the fact that we’re speaking seamlessly with each other, despite being in different cities. Technology has integrated so well into our lives that sometimes it feels too comfortable. The fact that technology is so ingrained in our day-to-day functioning, yet seems somewhat out of place in the legal and justice space, highlights a bridge that needs to be crossed. Technology can significantly impact all aspects of law and justice, whether it’s access to law, information about your rights, or finding out who the appropriate agency is for your situation—whether it be a paralegal, a law firm, a lawyer, or an NGO that can assist you. All these entities support a citizen’s journey from being aware of their rights to enforcing them. I believe that is the foremost priority.

    Everything else should be viewed as assisting the citizen in that process, whether it involves law firms that have embraced AI and databases or courts that are now starting to integrate technology. It is also true that the courts are fairly downstream in this process. For example, if a hypothetical Zomato order ends up in court, it is at the very end of the transaction chain. So, courts will always be in a reactive mode when adopting technology, but this needs to happen sooner rather than later.

    India has an advantage here. It’s similar to how mobile penetration in India scaled up much faster than in some Western countries because landlines had not yet penetrated deeply. Likewise, many courts in our country do not even have desktops, so moving to the next generation of technology—whether it’s video conferencing, text-to-speech features, or other advancements—becomes much more feasible because the starting point is essentially zero.

    There’s no need to convince anyone on the impact of technology; lawyers who are attuned to the needs of citizens are already aware of it. They use WhatsApp, and people expect updates on WhatsApp, QR codes for payments, and so on. All of these are becoming integral parts of our lives, and they will naturally flow into the court systems in the days to come. I have no doubt about that.

    The challenge for us is to ensure that this transition is done in a structured manner, with the citizen at the center of it. We need to focus on the design, accessibility, and, in parallel, like with all institutions, how to maintain accountability and transparency. For example, does the use of video conferencing compromise the principle of open courts? The purpose of an open court is to be seen as part of society, but if links are only accessible to a few, how compliant are we with that principle? These are the aspects that require serious engagement from all of us.

    Our book, Technology and Analytics, co-edited with Professor Nomesh Bholia, the head of the center at IIT Delhi, who has done significant work on operations research and optimization, addresses these issues. The efficiency of court functioning is an area that needs substantial improvement, and techniques from other sectors need to be brought into the justice system. The journey of writing this book was fantastic, and it includes some excellent chapters.

    Many people are aware of the impact of technology, but fewer understand the importance of analytics. We have consciously used the term “analytics” instead of “artificial intelligence” because the latter can seem somewhat conceited. Some experts we consulted recommended using the terms “algorithms” or “analytics,” which is why we chose the latter. I hope readers will pick up the book to understand the reasoning behind this choice.

    Sir, considering the various approaches, particularly the citizen-centric approach you’ve mentioned, it’s evident that this perspective would lead to a different way of handling the transition within the legal system. Your background is primarily in the corporate sector, and you have extensive experience in tax controversy management, a very unique and niche field.

    How have these experiences shaped your views and approach in embracing a citizen-centric perspective? It’s quite distinct, transitioning from a corporate background to an NGO setting and adopting that mindset. How have you managed that transition? We would love to hear your thoughts on this.

    I was fortunate that the leadership at DAKSH at that time found it appropriate to give me the opportunity to be here. However, the thought process was seeded much earlier when I was in a corporate role where we had to manage a lot of complicated litigation.

    We had these trackers and Excel sheets with case numbers, years, dispute amounts, chances of failure or success, next hearing dates, and the expected final outcomes. You would jump onto a call with large companies, speak with management, and they would ask, “Okay, when is this matter likely to end?” I understood why they needed to ask, but the reality was that I didn’t really know when it would end, because that’s the nature of the Indian justice system. This made me think more deeply about the courts, how they function, and how difficult they are to understand for people unfamiliar with them.

    Fortunately, at that time, I was also taking a course at Takshashila on public policy, where quantitative methods were one of the topics I found particularly interesting. I tried applying these methods and wrote a few blogs using them. Coincidentally, I came across an op-ed in The Hindu by Sudhir Krishnaswamy, who is now the Vice Chancellor of NLS Bangalore. He wrote about the work of a Harvard researcher who pioneered using quantitative methods to study the Indian Supreme Court. I found this very interesting and thought, “Yes, this is exactly what I’m talking about!” He discussed how the distance from Delhi impacts appeal rates, among other things.

    I decided to write a cold email to Professor Sudhir Krishnaswamy. I introduced myself, mentioned that I had read his op-ed, and found it very interesting. I shared that I had some ideas and asked if I could come and discuss them with him. To my surprise, he replied to my email and connected me with his team. I visited them, and we shared ideas. One thing led to another, and I was introduced to the team at DAKSH—Harish and Kishore—who were also working on using quantitative methods to understand the justice system. I started volunteering with DAKSH, which was a big eye-opener for me and helped me gain a more systemic perspective on things.

    At that point, I was contemplating my next career move, and I felt that if something as significant as the Indian justice system needed to be talked about, researched, and studied for the benefit of the nation, then there was no better time than now to do it.

    Around that time, there was also a Law Commission report by Justice A.P. Shah—the 245th Law Commission Report. For the first time, they had extensively used numbers to understand the system. I wondered, “Why hasn’t this been done before? If this is the first such effort, imagine what more can be achieved.” This solidified my decision to move into this field on a full-time basis. So, this is my full-time job now, working on DAKSH projects.

    Sir, you also have worked a lot in advocacy and community building. How do you engage the stakeholders who are involved to drive them into meaningful changes that can be brought in the legal ecosystem in India, as well as worldwide, because India cannot only be seen in a jurisdictional format now, now that we are entering into a digital world, and almost all of the tech-related laws are built on universal laws?

    So how do you see the kind of changes that we are looking forward to and how do you make sure that people understand these things as well?

    It’s not easy at all. I think we all need to start with the expectation that there will be resistance and pushback because the status quo will be disturbed. People will be pushed out of their comfort zones, and existing methods and ways of working will be disrupted. Once we begin the conversation with that expectation, it becomes easier to navigate the next steps.

    The tools—well, it’s wrong to simply call them tools. It’s really about conviction. It’s about communicating convictions, sharing ideas, and figuring out who on the other side connects with them. It’s about listening for echoes in society. While we can do all the planning we want, ultimately, it’s about finding people who resonate with your way of thinking, who share your vision, and who understand that this is a path they need to tread. It’s about recognizing fellow travelers when you see them. So, it’s as much about understanding yourself as it is about understanding others.

    There’s a fantastic line that I sometimes hesitate to use: there are people who claim to be doing advocacy, and then there are people who are actually doing advocacy. Sometimes, those who seem to be doing advocacy really are. When I say advocacy, I don’t mean just advocates and lawyers, but those who are advocating for change in the system. It’s a very fine line to tread, and you have to be humble. You have to be understanding of various perspectives and try to bring as many people along with you as you can. It’s very difficult to say, “I did this, and therefore this happened.” That linear equation does not exist, especially in society and particularly in the field of law and justice, which is just one subsystem within the larger complex adaptive system that is society. To claim that one action directly led to another is a very tenuous argument. It’s possible, and if you’re lucky, it might happen. I can clearly say I’ve been fortunate to have been part of some of these moments, but it doesn’t happen to everyone or every time.

    In that context, given the global surge in using technology across everything, India cannot remain isolated. India will have to learn how to adapt to this situation. I believe there’s a strong case for India to take the lead in many areas. Many countries recognize this, and we’ve seen this with initiatives like UPI and DPI—other countries are now waking up to the fact that there are newer ways of building systems that can benefit society at large. India should strive to take the lead in many of these domains, particularly in law and justice, where I believe we have a huge opportunity, especially given that developments in other countries are not very encouraging from an overall social perspective.

    I guess sir, India is the front-runner when it comes to AI and its usage in social upliftment.

    That’s what I understand from the ethical perspective and the think tanks with whom I’m involved. I would like to ask that question also, if you allow me to, that since we are front runners in terms of ethics, morality, and spirituality, and we are trying to understand these concepts and the world is trying to understand it as well, along with us.

    How do you see that this is going to take us as a country as a legal framework? And how do you see that society is catching up to it? Because law as always has been told everywhere that it catches up with technology, but technology runs forward. Do you see any time sooner that we will be having similar kinds of laws, which will be much more enforceable, even without a lot of gaps?

    Because researchers are going on to understand how these things are going to take shape when it comes to, let’s say, driverless cars. And given the kind of population that we have, will that become a reality anytime soon for us with obviously all the implications?

    I would break that question into two parts: how does law catch up with technology? And more generally, how does law catch up at all? In India, we haven’t been particularly strong in adapting law to technology. We’ve been reactive, very reactive. As you rightly pointed out, this reactivity is common in most countries, but it’s fair to say that we might even be lagging behind many other countries in this regard.

    If I were to make an educated guess, I would say that where laws directly impact citizens on a personal level, we will see legislation emerge more quickly, whether it’s related to health, food, or other immediate concerns. Take the example of BT cotton; you’ll recall the significant pushback against it. So, when we talk about technology, we need to use the term more broadly, including areas like our environment.

    In some cases, you will see more direct resistance and quicker legislative action. But where the impact of technology is more removed from individuals—one or two steps away—you’re likely to see a slower response. This brings me to the broader issue of laws being reactive to social expectations. Social norms, conventions, and practices eventually need to be translated into law.

    However, I believe that feedback loop is not very strong in India. It’s often either the government preemptively making decisions or interest groups pushing their agendas. The general lawmaking process in our democracy hasn’t fully matured. There’s a lack of widespread consultations, and we rarely see solid research reports backing the introduction of new laws. There’s also little study on the impact of existing laws.

    This is why I predicted earlier that when laws affect individuals personally, election cycles will ensure a quicker response. But in other areas, the pushback might be slower. This isn’t necessarily good or bad, but it’s something we need to be mindful of. As a society, we should think critically about the processes and mechanisms we need to strengthen to meet societal expectations.

    How do you view the new generation of learners entering both the legal and technology fields? With technology law now becoming a significant reality in India, what advice would you give to these new entrants? What kind of plan or timeline should they consider? How should they approach their careers, especially considering that our legal system is evolving and the movement towards technology is gaining momentum?

    We would love to hear your suggestions on how these newcomers can get acquainted with these changes. How do you see these new norms coming into play, and how can everyone adapt to the integration of technology into the legal field?

    Actually, I think this is a very good question. We’ve been trying to think about a curriculum or a reading list aimed at bringing lawyers together, and I believe it’s best to start with where you are. Any person joining law school today has already been using mobile devices for the last three to five years.

    So, begin with that. What laws govern WhatsApp? What are the legal rules around posts on WhatsApp, Instagram, Facebook, or Twitter? If I create a post on Instagram, what material can I use? What laws govern that material? If I tag someone, and it’s not a very nice tag, what are the consequences for me?

    I would urge law students who are entering the course to start with these daily experiences and build from there. If they are curious, keen, and diligent, it will naturally lead them to understand constitutional rights and institutional mechanisms. But starting with something as simple as breaking down the mechanics of a mobile phone is essential.

    I wouldn’t recommend textbooks or other formal books, especially for this purpose. Start with your experiences. For example, when you do a Paytm or UPI transaction, what are your rights if it doesn’t go through? If there’s a dispute, what are the mechanisms available?

    I believe that thinking along these lines will be far more educational than compiling a list of textbooks and research articles.

    The practical perspective you’re suggesting often raises the question: the way we are educated and the way we are trained in practical life are two completely different worlds. Once we step out of college, we realize we’re entering a new world, and we have to learn everything from scratch.

    Sir, you’ve always been busy developing your career and contributing to societal systems. But outside of these professional endeavors, what personal hobbies or interests do you have? How do you balance these with your busy legal and corporate life?

    I have always made time for my interests, and I encourage everyone to dedicate time to something beyond their professional life—something just for themselves, something that nourishes the soul and the body. It’s super important to keep that priority straight.

    Recently, I’ve discovered the benefits of physical activity—maybe it’s age catching up with me—but I’ve taken up swimming, and I strongly encourage as many people as possible to do the same. Aside from that, I’m really into reading books. Sometimes it feels fashionable to say that, but I read books that can’t be finished—and I mean that in a good way. The classics, which you can keep revisiting at any time. I read a lot of classical Indian literature in Kannada, Sanskrit, and English.

    I also read many traditional Indian texts, which I find very useful. Art and music are big parts of my life as well. I’m open to all types of music, and it plays a significant role in helping me unwind and shift my mood, depending on how the day goes. I think music is an important element to have handy—you never know when you’ll need it.


    Wow, sir, you are so humble in sharing these insights. Considering how lawyers typically unwind, especially the new entrants I’ve interacted with—they often wonder how anyone finds time for hobbies when they’re focused on earning a living. I sometimes struggle to answer when they ask how they can make time for such things.

    Given that, what suggestions do you have for the new generation of legal professionals and researchers who are eager to make a meaningful impact in this field but feel restricted by various challenges? How can they find new ways of learning and approaching life and their careers?

    I think it’s a very important point, and something I’ve recently been considering more deeply. There isn’t a straightforward answer, as a lawyer’s income depends significantly on the domain they work in. If that domain is thriving, clients will naturally be able to meet the needs of the lawyers. For instance, if you work on high-level transactions like corporate M&A, you will generally be compensated more. Conversely, if you’re involved in areas less relevant to current major deals, your income will reflect the section of society and the economy you are serving.

    It’s crucial to understand that the fees you earn from traditional advisory work are influenced by the economic sector you serve, which also has its own business cycles. What was highly lucrative two decades ago might not be as appealing now. Therefore, I believe there’s an oversupply of law graduates in the market. While they are highly skilled and intelligent, it’s important to build additional skills adjacent to legal expertise. For example, writing skills can be valuable in various roles, logical thinking can be applied in numerous situations, and crafting arguments can be useful in diverse contexts.

    I would strongly recommend exploring how these skills might transfer to other domains. Many legally trained professionals have succeeded in other sectors, demonstrating the applicability of their legal training beyond traditional legal roles. For instance, having a deep understanding of constitutional law provides a unique perspective on how institutions function, which is a valuable skill that can be applied in many other areas.

    I don’t claim to have fully answered your question, but I can honestly say that I would advise my child, if they chose to pursue law, to view it as a means to learn how to learn, rather than committing to a lifelong career in law. If a career in law happens, that’s great, but it’s also important to be open to applying the skills learned to different situations and continuing to grow.

    Wow, Sir! You answered the question in a nuanced way, and your suggestions are absolutely fascinating. Choosing wisely is crucial. Looking ahead, and without taking much more of your time. Could you share what you see as the most pressing challenges or opportunities in India’s journey toward a more equitable and efficient judicial system? How do you plan to address these with your involvement with so many prominent organizations in India?

    I have no doubt that it is only by coming together that we can make a difference. The path forward for all of us is to identify and connect with a purpose larger than ourselves. As a nation and as a society, we have reached a point where our basic needs are, to a large extent, fulfilled for many people.

    As lawyers, it is crucial to identify a purpose beyond oneself and strive to achieve it. This could involve advocating for particular rights, making courts and laws more accessible, or increasing public awareness about possible legal actions and legal aid.

    Consider what you can contribute and remember that this mindset is valuable in corporate settings as well. When legal opinions are sought for business purposes, keeping the larger context in mind is essential. Without this perspective, legal advice may remain a mere pedantic exercise. Identifying and connecting with a larger purpose is vital for future generations and for everyone.

    I strongly recommend finding a group of people who share similar values and becoming part of that community. At DAKSH, we are engaged in many interesting projects and look forward to collaborating with others who share our enthusiasm for these initiatives.

    Whether as professionals, young professionals, or students, there is much to be done collectively. Our journey has only just begun, and we have numerous ideas for what could be accomplished. I am happy to share these ideas with those who are interested.

    Thank you so much, sir, for your thoughtful interview and for extending an invitation for us to connect and build our own community to better serve society. Once again, thank you for your time and for listening to us. I’m your host, Divya Dwivedi, and I extend my gratitude to Surya Prakash sir for being here and giving us so much of your time.

    Thank You

    Get in touch with Surya Prakash B S-

  • “The essence of economic legislations was fed into my mind, and I kept on working over the same. The challenges in high-profile cases demand patience, integrity, and the preservation of client confidence.” – Vinay Jalan, Principal Managing Partner at O.P Jalan & Associates Consultants LLP

    “The essence of economic legislations was fed into my mind, and I kept on working over the same. The challenges in high-profile cases demand patience, integrity, and the preservation of client confidence.” – Vinay Jalan, Principal Managing Partner at O.P Jalan & Associates Consultants LLP

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

    Can you share how you started your career and what motivated you to specialize in economic legislation and taxation? 

    I belong to a family of lawyers but I had shifted to Delhi and had been working with  Corporate after completing my Company Secretaryship. The essence of economic legislations was interestingly fed into my mind and I kept on working over the same. My Father Late O. P. Jalan who was working as a Lawyer at Ranchi had a very decent practice in Taxation. In 1991 he suffered from a heart attack which led to open heart bypass surgery, after which he left his practice I took over the same and that motivated me to specialize in economic legislation and taxation. I started my practice with my appearances before the Income Tax Appellate Tribunal and took up complicated search matters. These cases created many points of fact and questions of law making the practice interesting for me. 

    You have defended many high-profile cases, including nationally known raid cases. Could you please describe one such case and the unique challenges you faced during its resolution?  

    There have been many interesting high-profile cases that I cannot disclose by name due to the importance of maintaining professional confidentiality. However, one significant case where I faced unique challenges involved the seizure of a shipment of jeera by the Income Tax Authorities in Gujarat. This seizure raised several critical questions:

    1. Should perishable goods be seized by the Income Tax Authorities?
    2. If such goods are seized and subsequently damaged, will the government bear the resulting losses?
    3. In cases where the goods are partially purchased on credit, would the government assume responsibility for payment to the creditors? Additionally, how would the severe loss of goodwill be compensated?

    The decision by the Gujarat High Court in this matter, which led to a clarification by the CBDT directing the Directorate of Income Tax Investigation not to seize stock-in-trade, was widely appreciated. The challenges during this period were enormous. Authorities wield significant power, and it requires great patience to maintain the essence of the subject at hand. A major challenge is preserving the client’s confidence, which can often be shaken by external factors and rivalries. Each situation demands a unique solution to address these issues. To navigate such complexities, maintaining the integrity and essence of the profession, along with the values of purposive construction, is essential.

    As the Principal Managing Partner at O. P. Jalan & Associates Consultants LLP, how have  you steered the firm to its current standing, and what strategies have you implemented  to ensure its success? 

    I trust God and the values that the legal profession has. When I started this practice I preferred giving the same value to my associates whom I always respected,  taught and trusted. In 33 years we have been conducting classes every week explaining the factual propositions combining them with the purposive interpretations. The value of team members has always been appreciated and rewarded and in return, my associates have been with me always. We have one of the lowest switch-over of our colleagues who join us and become our part. This is our major strategy of success. 

    You lead a diverse team of chartered accountants, company secretaries, lawyers, and cost accountants. What are the key challenges and rewards of managing such a multidisciplinary team? 

    Taxation, Direct & Indirect, Corporate, Economic Laws and Governance along with compliances require a diverse team and to have an in-house team with the interest of each person served, it becomes very simple for a coordinated approach to give results to the clients and command faith over the authorities. Leading a team with diverse interests becomes simple if the due given by each professional is appreciated and he is given the freedom to exploit himself for the best. This helps lead the diverse team. Challenges do come but they are resolved when the interest of each other is not compromised. It is not difficult to manage a multi-disciplinary team if a selfless approach is taken. 

    What advice would you give to young legal professionals who aspire to specialize in taxation and corporate law? Are there any specific skills or experiences you believe are  crucial for success? 

    The most important advice I give to young professionals is not to focus solely on mere compliance but to understand the reasons behind why such compliances are required. In the field of law, advertisement and marketing are prohibited. I would advise young professionals to uphold the ethics of the profession and grow with the right values. The specific skills or experiences I emphasize include having an up-to-date knowledge of the economy and finances at the local, state, and national levels, and maintaining the right balance.

    How do you balance your demanding professional life with your interests and  hobbies? Can you share any particular hobby or interest that helps you unwind and stay  motivated?  

    As one grows with the profession, the number of hours spent in the profession plus the sleep reduces the time for one’s interests or hobbies, but to balance the professional life one of the most important hobbies that I have is my regular morning and evening meditation which I never let skip. I look at the personal interests of my colleagues and in turn, my colleagues always take care of what I intend to do. Apart from this my interest lies in a bit of writing and a bit of teaching which I always do, that helps me unwind and stay motivated. 

    You have been involved in preparing various policy matters and representations before  government authorities. Can you discuss a significant policy change you influenced and  its impact on the legal and business community? 

    Many policy changes have been done through our efforts but in the current budget bringing back the Block Assessment in search matter has been a very significant policy change. The impact of this is a substantial reduction of litigation costs and harassment where a person is searched. This policy change also helps the constitution of ease of doing business in the business community. If you read my notes on LinkedIn, my contention would be held to be correct. 

    What do you envision for the future of legal services, especially in the realm of economic legislation and taxation? How do you think legal professionals can prepare for upcoming challenges and opportunities in this field? 

    The future of legal services in the realm of economic legislation and taxation is undergoing rapid change, as the economy is evolving very quickly, and interpretations of the law are also shifting with time. With the growth of the economy, legal professionals must work as a team, reducing individual interests. This can only be achieved if business opportunities are viewed as opportunities for the entire team. The team manager should consistently share knowledge and bring in new talent to stay updated and be part of this growth.

    You started your career after completing your CS and later pursued an LL.B in 2011.  What motivated you to pursue an additional law degree at that stage in your career, and  how has it enhanced your professional expertise and practice? 

    I began my career as a Company Secretary, a role I consider to be fundamentally responsible for overseeing the economic legislations of a company. As an Officer in Default, I took on the critical responsibility of advising the Board of Directors. By 2009, Company Secretaries began to refer to themselves as Compliance Officers, focusing primarily on ensuring statutory compliance. This shift, however, seemed to limit the broader significance of the profession.

    Chartered Accountants (CAs), Company Secretaries (CSs), and Cost Accountants (ICMAs) are all rooted in the law. Coming from a family of lawyers, I decided to pursue a law degree in 2011 to expand my professional scope and appear before the Hon’ble Supreme Court and High Courts. After completing my law degree, I obtained my Certificate of Practice (COP) as a lawyer and transitioned my firm into a multidisciplinary law firm.

    You have been actively involved in economic empowerment through various roles,  including as a founder trustee of DOX and Chapter Chairman of the Institute of Company  Secretaries of India. Please share some insights about these roles of yours and how they  have influenced your professional approach. 

    As mentioned earlier, my father was a lawyer, and my elder brother, Shri Jai Prakash Jalan, was a civil lawyer. My younger brother, Shri Abhimanyu Jalan, is a barrister and a partner at Clyde & Co LLP. My elder brother’s daughter and her husband are also lawyers, working as partners at Khetan & Company in Bombay. My son is an advocate as well, practicing in the Jharkhand High Court as my partner, and in partnership with Blacks & Whites, a law firm.

    We have always believed in the importance of sharing and giving back to society. When our name became established, I thought of fostering a sense of brotherhood among the alumni of my alma mater, St. Xavier’s School, Doranda, Ranchi. To that end, a trust called DOX, comprising around 800 members, was created. This was done to give back to the society that has given us recognition.

    Following this, I took on the Chairmanship of ICSI to promote the profession and inspire aspirants to not only become good professionals but to achieve excellence in their fields. My approach to this institution stems from being part of a joint family of four brothers, where we value each person’s professional acumen by acknowledging their individuality while maintaining a collective vision for the right growth. This philosophy has greatly helped me in keeping my professional agenda and approach intact.

    Get in touch with Vinay Jalan-

  • “Watching a junior become the lawyer they were meant to be is a wonderful feeling, we should recognize hard work without glorifying overtime” – Pallavi Bhogle, Partner at Huilgol Law Chambers

    “Watching a junior become the lawyer they were meant to be is a wonderful feeling, we should recognize hard work without glorifying overtime” – Pallavi Bhogle, Partner at Huilgol Law Chambers

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

    Was pursuing law an inner calling for you, or did someone or something inspire you to choose this path? Please walk us through your journey to becoming a legal professional.   

    I have my mother to thank for me becoming a lawyer… but not in the way you are probably imagining. I was your typical college student, very sure of what I did not want to do; but not very sure what I wanted to do. 

    My mother is a Professor of Psychology and one of her areas of specialization is in career counselling. I turned to her for advice and learnt that I was best suited for a career in either law or journalism. While I enjoy writing as well, law particularly appealed to me. 

    Perhaps it was my love for mystery novels and crime-solving that drew me to law. At that time, problem-solving and law seemed intrinsically linked in my head. While I have since learnt that law is far more nuanced, the intricacies of it have only made it more interesting for me. Now, I cannot imagine doing anything else.

    Your college notes have been a legacy for future batches at University Law College. How do you feel about this, and what impact do you think it had on the students who used them?  

    I had no clue that my notes would get distributed the way they did! When I first prepared them, they were a means of studying for my law exams. It was the practice in college for seniors to hand down their notes to their juniors. Like many other, I did as well. I thought the story ended there.

    It was only a couple of years later, when unknown students started contacting me and thanking me for my notes, that I realized that they were still in circulation and had taken on a life of their own. It’s still a bit of a shock to be recognized for my notes. The most memorable time was when we had recruited a new associate in my previous firm and he was being introduced to the team. I was about three years into the profession at that time. On being introduced to me, he went “So, you’re Pallavi Bhogle who wrote all the notes? I thought Pallavi Bhogle was some old lady…..” 

    Other than being mistaken for an old lady, I will admit that I derive deep satisfaction from knowing that a lot of people benefitted from my notes. As the law keeps evolving, my notes may not retain their relevance for much longer, but until then I hope that they make exams a little more bearable for future lawyers. 

    Huilgol Law Chambers has been making a significant impact under your leadership. Can you elaborate on the major practice areas your firm focuses on and how you are helping to develop and support the next generation of legal professionals within your firm?  

    My partner, Sandeep Huilgol, who heads the litigation and tax practice in the firm is the true ‘captain of the ship’. He founded Huilgol Law Chambers in 2019 and laid the foundation stones for a successful practice. Sandeep provides litigation and advisory services in diverse practice areas, especially in taxation proceedings. He has also addressed numerous training programs on the Insolvency and Bankruptcy Code and has authored articles on taxation issues that have been published in tax journals.

    I joined Huilgol Law Chambers in 2022 to head the corporate and commercial law practice of the firm. I advise on general corporate agreements, private equity and venture capital investments, joint ventures, mergers and acquisitions, legal structuring and labour matters. I particularly enjoy mentoring start-ups. There is a joy in seeing something grow from an idea to a business.

    It is similar to the next generation of legal professionals. Watching a junior become the lawyer he or she was meant to be and knowing that you have played a small part in their journey, is a wonderful feeling. I enjoy mentoring and hope one day to find the time to teach as well. Being a mentor is a huge responsibility. Your mentor, especially your first boss, plays a big role in defining who you are as a lawyer. The way you think, the way you approach any deal, and even the way you interact with a client are all influenced by the person who mentors you. I am very conscious of this fact and actively remind myself of this every time I mentor any law student.

    What motivated you to co-found Huilgol Law Chambers, and how has leading the corporate and commercial law practice been different from your previous roles?  

    There comes a time in every professional’s life when the only way to grow is to push yourself out of your comfort zone and take a risk. Co-founding Huilgol Law Chambers was the biggest leap of faith I have taken, in my professional life. I can truly say, there has not been a single day so far that I have regretted putting faith in my ability. 

    My previous roles prepared me well for this position and I had no difficulty in handling the clients and doing the legal work. The biggest learning experience was in handling a firm. Like a start-up, in the beginning, you have to wear every hat. I had to learn to handle the accounts, the administrative work, the staff and the everyday issues that crop up when you have your own business. It gave me an insight into what start-up promoters experience and reinforced my desire to help them and at least take the legal work off their plate. 

    You emphasize maintaining a healthy work-life balance. How do you manage to balance your demanding career with personal time, and what advice would you give to young legal professionals in this regard?  

    “Unfortunately, the legal industry isn’t naturally conducive to a work-life balance, so making that choice can feel like a compromise, especially early in your career. In India, unlike some of our colleagues overseas, lawyers are expected to work long hours and be available 24/7. The consequence of not prioritizing work often means missing out on promotions or pay raises. It’s a culture that I strongly believe needs to change—and we can change it! We should recognize hard work and dedication without glorifying overtime.

    For me, achieving a balance has been possible due to the flexibility I have in managing my work schedule, coupled with incredible support from my family and colleagues. However, this balance is a recent development; I, too, spent years compromising on sleep and missing family events due to deadlines. It took time to learn how to work smart, prioritize, and eliminate unnecessary stress.

    To young professionals, I would offer the same advice that was given to me: communicate. Speak with your law partners and clients about timelines, and set realistic goals. Once everyone understands the timeline for deliverables, you can plan your days and make room for personal time as well.

    Can you discuss a particularly challenging case or transaction you’ve worked on, such as the acquisition of Funtoot by Reliance Industries Limited’s (RIL) subsidiary Embibe, and what unique insights you gained from it?  

    The Funtoot transaction is particularly memorable for me. Our client, Edreams Edusoft Private Limited, popularly known by its brand name Funtoot, was being acquired by its rival ‘Embibe’. Embibe had, at that time, recently become a subsidiary of Reliance. Being in the same business sector, and rivals no less, our client was extremely (and understandably) hesitant to disclose some of its more confidential information, as there was always the risk that the acquisition may fall through. This made the negotiation for us all that harder! 

    This transaction underscored my belief that for a transaction to be successful, there needs to be trust between all persons involved. The Funtoot transaction finally closed because the parties explained their concerns to their lawyers and trusted us to look out for their interest in the investment documents. As lawyers, we need to envision the worst-case scenario and protect from that. As parties, you need to envision the future and work towards that. 

    You regularly mentor start-up companies and their founders. What are some common legal challenges start-ups face, and how do you help them navigate these issues?  

    Start-ups often overlook the legal compliances that every company must adhere to, as their promoters are (understandably!) more focused on building their business. As a result, essential legal requirements, such as proper employment agreements or safeguarding confidential information, may be neglected.

    A core area of my practice involves acting as the legal department for start-ups, helping them establish the contracts and policies necessary to operate smoothly. We create templates for the day-to-day agreements they’ll need and educate their teams on the importance of these practices. When start-ups receive contracts from other parties, they often pass them on to us for review. Our role is to ensure that no burdensome obligations are inadvertently accepted, while still protecting the start-up’s rights and maintaining positive business relationships with their counterparts.

    You have pursued various diplomas and courses in different legal areas. How important do you think continuous learning is for legal professionals, and what areas do you think they should focus on in the future?  

    Continuous learning is essential for every professional, regardless of their field. There’s no doubt that knowledge gives you an edge in your career. However, I must admit that reading about the same subject day in and day out can become monotonous. This is why, alongside studying subjects directly related to my specialization, I pursued diplomas in other legal areas as well. Currently, I hold diplomas in IP law, media law, and cyber law.

    There are so many fascinating fields within the law, each offering vast learning opportunities. Even though corporate law is my primary focus, my knowledge of other areas allows me to provide more comprehensive advice to clients and tailor contracts to better suit their business needs.

    Having worked on numerous private equity investments, what are some of the most unique or unexpected challenges you’ve encountered, and how did you overcome them?  

    I have had the benefit of working on both sides of the table in private equity investment and this has helped me understand what each party considers critical or a ‘deal breaker’ for them. You would be surprised to see how this can change in every investment! Understanding your client’s motivation for the transaction is crucial. Once you understand this you will know where to push back to protect your client and where to compromise.

    Having to compromise on certain clauses and explaining to your client the necessity of doing so can be particularly challenging. A contract that will stand the test of time is fair to both parties. This necessarily means that you would need to compromise on some of your asks in the agreement. 

    For me, taking the time to understand your client’s point of view and building trust with them is extremely important for you to be a successful lawyer. 

    In your experience, what are the most critical aspects of corporate governance and ethics that companies often overlook, and how do you ensure that your clients adhere to these principles?  

    Companies often forget that they are what they are, because of their employees. Employee agreements and employee handbooks are quite often a low priority for companies. Something to put in place to satisfy a condition precedent or condition subsequent in an investment document. 

    An employee can so easily make or break a company, and it is important to have a document clearly defining the relationship between a company and its employees. This protects both the employee and the company.

    This is one area I try to regularize in all clients, especially my start-up clients. I find that when I give my clients a clear roadmap and put in place an onboarding and offboarding policy for their employees, it reduces the labour issues they face. The employees also have a clear picture of what benefits they can expect from the company and recourse if they do not receive what is promised to them. 

    Get in touch with Pallavi Bhogle-

  • “The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.” – Ninad Dogra, Advocate-On-Record at the Supreme Court of India

    “The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.” – Ninad Dogra, Advocate-On-Record at the Supreme Court of India

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

    Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi? 

    From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.  

    Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity  Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam,  it became the natural choice for my legal education. At Amity  Law School, I gained a solid understanding of legal concepts.  Many of the professors, who were former practitioners,  provided invaluable practical guidance and insights,  enriching my academic experience with real-world applications.

    You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?  

    Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.

    The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively. 

    What motivated you to start your independent practice in 2017,  and what challenges did you face during this transition? 

    After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice. 

    For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice. 

    Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.  

    Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?  

    Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble  Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.  

    Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?  

    Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between  “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.

    In the context of the Insolvency and Bankruptcy Code (IBC)  in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial  Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases. 

    The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an  Operational Creditor rather than a Financial Creditor, the  Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently. 

    You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?  

    During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.

    The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme  Court.  

    While I acknowledge the benefits of technological advancements, I believe there are still limitations to address,  such as the need for a reliable internet connection.  Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination? 

    What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?  

    For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial.  For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.  

    Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential. 

    Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.

    Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?  

    Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice. 

    Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!

    Get in touch with Ninad Dogra-