You started your legal career in 2007 after completing your BALLB (Hons.) from Kurukshetra University. What motivated you to choose law as your career, and could you walk us through your journey from those early days to where you are now?
My entry into the Legal field was very much certain since I am a third generation Lawyer. My grandfather practiced in Labour Laws, my father is still practicing in District Courts Patiala and hence my parents had already decided during my childhood about my profession and hence I entered the field. Initially, I started learning the procedures followed in court and the ground realities of the Legal field where I came to know about how to apply what I learnt in my degree. For this, I actually went through the entire degree subjects 4-5 times again doing self-study in order to get a deep knowledge of the subjects so that I can have better understanding of the cases I got to handle. Slowly and gradually, I developed my own understanding in law and by that time I was able to handle the cases independently. Being a trial lawyer, handling the evidence part was most challenging and most interesting as well. I started cross examining the witnesses independently and luckily many cases went my way. However, in Patiala there wasn’t much to learn about since there was hardly any variety in the cases we got; mostly there used to be Cheque bounce matters, matrimonial disputes, NDPS etc. and those cases were very much cyclostyled and my eagerness to learn wanted me go out and do something new in the field.
You began your law practice at the Patiala district courts, where your father was a well-established professional. How did working in the district courts shape your approach to law, and what key lessons did you take away from those early formative years?
My time in the Courts was extremely important. Being a legal professional, the most important thing is to know how to draft a legal document and an in-house Counsel is always expected to have very crisp drafting skills which would go on to protect the interest of the organization. Further, being meticulous, attention to detail, presence of mind, patience and calculated aggression were the key qualities I learnt during my practice days.
You mentioned your encounter with the Legal Head of CIPLA, which inspired your transition into corporate law. What about that interaction made you decide to shift from litigation to becoming an in-house counsel?
As I had stated, in one of my cases related to CIPLA, I met the in-house counsel of the company and had a great conversation with him about how things go as an in-house counsel and what are the prospects. He told me that as an in-house, he came across several types of different cases and that made his knowledge in the field vast and comprehensive and to add to that the biggest incentive was the opportunity to travel. Afterwards, I discussed it with my elder brother, who was already working in corporate and he also reiterated a similar view. That was perhaps the trigger point of me looking to shift to the Corporate. It took me quite a while to get my first opportunity in a large organization. The first one month was like a roller coaster but gradually I managed to get into the system and started understanding corporate governance and that was perhaps the turning point of my life both professionally and personally as it gave me so much energy to work and live round the clock. Leaving the comfort zone was tough initially but once you are out of it, THERE BEGINS THE LIFE.
What advice would you give to young legal professionals who aspire to transition from litigation to corporate in-house roles, especially those aiming to work with large multinational corporations?
Ever since I have started my journey with the corporate, I have met many legal professionals eager to know how things work in the sector. Many are under the myth of “Corporate Slavery”. I shared my experiences with them of how I managed PAN India litigation and contracts of my first Company single handedly. From working for 4-5 hours a day in practice to working 16-18 hours in corporate was an eye opener and a huge confidence booster. I only advise the youngsters to look for excellence and not results early on. Law is a vast field and to move on in this field, not only you need to know the law, but how and where to apply it and this requires both theoretical as well as practical knowledge. In-House Counsels do a whole lot of drafting work including contracts, complaints, notices etc. Litigation lawyers hardly get to know about drafting of contracts and hence i advise them to find some good books pertaining to contract drafting if they have any plans to shift to the sector.
You’ve been involved in arbitration cases with values ranging from ₹50 lakh to ₹300 crore. What are some key skills a lawyer needs to successfully handle such high-stakes cases, and how do you manage the pressure?
When the stakes are high, the pressure is high as well but as a legal professional, my job is to find the law point and the circumstances favouring my organization so that I can benefit them or at least prevent any loss. The skills I learnt in practice also lets me foresee the tentative result sometimes and that helps us to plan accordingly. The thing with high stake matters is that you need to thing out of the box sometimes to get the desired results and for that you need to have strong legal knowledge but also to know the ground realities.
With over 17 years of legal experience and handling high-pressure cases, how do you manage work-life balance, and what advice would you give to legal professionals to avoid burnout?
In my previous organization, I did go through that burnout because of the urgencies involved. The stakes were high and time was less and that is when you learn and develop a strong temperament. Sometimes, there were late hour calls and emails but I had set a time for my “homework” so that I can give time to family and household works too and me being a travel bug, occasional holiday was always going to be there. To add to that, I am an early riser and a cyclist so every morning an hour’s ride would freshen me up with all the energy to go hard for the day.
In your view, how important is interdisciplinary knowledge, such as understanding business or finance, for a successful legal career in the corporate world?
Corporate is all about business and finances and whosoever is working in corporate needs to know about it. During my stint with Isgec Heavy Engineering, I learnt a lot about International Business processes as to how contracts of supply work and how the conditions are set by the companies and where to negotiate. I was naive back then but going through so many Contracts of Supply, Erection and Commissioning and those tender documents was another experience. Especially when I was told that the documents drafted by me are going to Russia or Dubai; it sometimes gave me goosebumps but it made me work harder and to get a better understanding about the subject.
You’ve managed a team of 40 lawyers in your current role. What leadership qualities do you think are essential for managing a successful legal team, and how do you mentor young lawyers under your guidance?
My job is to allocate the work to empanelled lawyers. Generally, I have a 5-10 conversation with the lawyer to understand his understanding on the subject and if he is a newcomer or unaware about the topic, I provide him/her with the relevant information along with legal provision and let them prepare the draft and as they say, a lawyer’s calibre can be judged by his drafting skills and so i always advise youngsters to draft the document from scratch and avoid doing copy paste; you’re never going to learn copying and pasting. Drafting skill to a lawyer is like a sword to a warrior. Further, a positive approach is a must while you work in a team. “you’re almost there” is always better than “you cannot do it”.
Looking ahead, what emerging legal trends do you think will significantly impact the corporate legal landscape, and how should aspiring legal professionals prepare for them?
The advent of technology has really brought a huge window for legal professionals to enter the corporate world. Earlier, the legal professionals were limited to law practice, judiciary or teaching but now the upcoming generation is proactive and are perhaps 5-7 years quicker than ours. Nowadays, in-house Counsel’s job is not limited to civil, consumer, criminal laws or contract laws; Technology laws, Artificial Intelligence, Intellectual Property Rights, Data Privacy laws have taken over and in the coming times, knowledge about these is going to play a key role. So, I always advise the aspiring professionals to keep getting some knowledge in the fields as they are going to play a pivotal role in carving them a successful in-house Counsel.
Could you please share with us your journey into the legal profession? What initially inspired you to pursue law, and what challenges did you encounter during your formative years in the field?
My journey into the legal profession was not pre-planned but rather a serendipitous occurrence that unfolded unexpectedly.
While my initial career aspirations varied in many different directions, fate had other plans in store for me.
I was doing a chartered accountancy course along with my graduation when I took Delhi University’s LLB entrance test in the final year of my graduation and got selected. I completed my law in 2002 from the Campus Law Centre, Delhi University, and that is how my journey into the legal world began.
In my initial years into the profession, I had the privilege to work under Hon’ble Justice Siddharth Mridul, who was then the Standing Counsel for Union of India in Delhi High Court and thereafter with Mr. Amarjit Singh Chandhiok, Senior Advocate. Working in the office of a standing counsel does provide a great deal of opportunity and it immensely benefited me too. Working in the most sought-after senior’s chamber in Delhi High Court inculcated discipline. It not only shaped my career but has also enriched my life in ways I could never have imagined.
With a special penchant for litigation, I decided against joining a law firm and chose to establish my own independent practice. Despite my enthusiasm, the journey was not without its challenges. As a first-generation lawyer, I lacked the familial connections and resources that are often advantageous in navigating the legal landscape. However, I refused to let these obstacles deter me. Instead, I embraced them as opportunities for growth and learning.
Yet, it was precisely this avant-garde journey that imbued me with a unique perspective and a tenacity to succeed. I embraced each challenge as an opportunity for growth, seizing every chance to expand my knowledge and hone my skills.
What motivated you to pursue and successfully complete the Advocate-on-Record (AOR) exam for the Supreme Court of India?
Initially, I did not realise the importance of being an AoR and did not take the examination despite being eligible in 2007-2008 itself, i.e., after 5 years of practice. However, I realised my mistake when it became evident that Supreme Court practise is an integral part of litigation and being an AoR is a clear advantage, more so, for a first-generation lawyer like me. Many of my peers went on to successfully qualify the exam and with their encouragement and support I also took the exam and became an AoR in my first attempt in 2011.
You have been involved in cross-border commercial disputes. Could you elaborate on the unique challenges and strategies required in such cases?
Since arbitration is a mechanism of resolution of disputes that, unlike court, takes place in private, it is always open to the parties to choose the substantive law and law governing the arbitration agreement as well as the seat and venue of the arbitration. Problems arising out of an arbitration call for the application of proper law of the contract, which is the law governing the contract creating the substantive rights of the parties; proper law of the arbitration agreement; and curial law, i.e., the law governing the conduct of the arbitration. Lawyers are confronted with situations where all these three may differ. Thus, one of the primary challenges in cross-border disputes is jurisdictional issues and matters related therewith. Determining the appropriate forum for resolution can at times be complex, owing to the parties based in different countries with conflicting laws and regulations. Also, building strong relationships with local counsel can be instrumental in achieving successful outcomes in cross-border disputes.
As a member of Insol International, how does your expertise contribute to resolving insolvency and restructuring matters?
Development in any other branch of law in India, in all likelihood, cannot be matched by the pace at which the insolvency regime contained in the Insolvency and Bankruptcy Code has evolved in the short period that it has been in existence in India.
INSOL International is a federation of national associations of professional who specialise in turnaround and insolvency. It facilitates key stakeholders to come together and share experiences by promoting best practices and providing a forum for debate on key issues facing the industry and the profession. Through this organisation, I am constantly exposed to the latest developments, trends, and best practices in insolvency and restructuring from around the world. This global perspective allows me to adapt and apply innovative strategies that have proven successful in different jurisdictions.
With your extensive experience in telecommunications and technology-related litigation, how do you anticipate the impact of emerging technologies on future legal disputes?
The rapid pace of technological innovation has reshaped the legal landscape, presenting both opportunities and challenges for lawyers and their clients.
Emerging technologies such as artificial intelligence (AI) and machine learning are poised to revolutionize various aspects of the legal profession, including case analysis, document review, and predictive analytics, which have the potential to streamline legal processes, improve decision-making, and enhance the efficiency of legal services.
Our Supreme Court has already started publishing the transcript of the hearing in select cases using Artificial Intelligence to transcribe hearings.
I see innovative technologies reducing administrative work for lawyers. However, it is unlikely that technologies and AI will replace human lawyers and judges.
You’ve been appointed as Arbitrator by the Delhi High Court multiple times. How does this experience contribute to your understanding of legal procedures and responsibilities? Please share some insights from this role.
The Hon’ble Chief Justice of India had recently remarked that the arbitration space in India resembles an old boy’s club. He highlighted how only retired judges dominate arbitral appointments, and, in the process, several promising candidates (such as lawyers and academicians) are overlooked.
I am glad to share that the Delhi High Court does appoint lawyers as arbitrators. Serving as an arbitrator appointed by the Delhi High Court is a significant and enriching experience that has deepened my understanding of legal procedures and responsibilities in dispute resolution. This role has afforded me invaluable insights into the complexities of arbitration proceedings and the nuances of adjudicating disputes outside the traditional court system. Additionally, this role has underscored the importance of effective case management and maintain procedural integrity in arbitration proceedings.
Beyond the courtroom, how do you engage in community outreach or pro bono work to promote access to justice and legal literacy among underserved populations?
Being the first one, in my entire family, to choose law as my profession, I do recognize the barriers that many individuals and communities face in accessing legal assistance. My office is open to everyone and anyone seeking any legal assistance. I am also empanelled with The High Court of Delhi (Middle Income Group) Legal Aid Society and I actively seek opportunities to leverage my skills and expertise to make a positive impact outside of traditional legal settings. My pro-bono work is driven by a deep-seated belief in the importance of promoting access to justice and legal literacy for all.
Outside of law, what hobbies or interests do you pursue that contribute to your professional development or enhance your perspective as a legal practitioner?
Balancing professional with personal interests is essential for maintaining a well-rounded perspective as a legal practitioner. One of my passions outside of law is literature and writing. I try to keep abreast of current affairs and make it a point to read couple of newspapers including financial ones. Additionally, I am an avid traveller and explorer. Traveling not only exposes me to diverse cultures, languages, and customs but also challenges me to adapt to new environments and navigate unfamiliar terrain—a skill that is invaluable in the legal profession, where each case presents its own unique challenges and complexities.
Can you share a pivotal moment or case from your career that significantly influenced your approach to law and litigation?
I have had opportunities to represent the Government of India and was part of the teams led by the Learned Law Officers before the Constitution Benches of the Supreme Court in several matters involving substantial questions of law as to the interpretation of the Constitution of India. I have handled numerous cases which are significant for one reason or another.
One pivotal moment in my career that profoundly influenced my approach to law and litigation was a case in the Supreme Court arising out of a controversial phone tapping. The issue involved as to whether a public figure has a reasonable expectation of privacy. Guidelines were issued by the Supreme Court which led to framing of the standard operating procedures (SOP) by the Government for legitimate phone tapping.
Having said that, I approach each case, with utmost sincerity, and take it as an opportunity to serve the clients in getting justice which they deserve.
With over two decades of experience in the legal profession, what suggestions or advice would you offer to the upcoming generation of aspiring lawyers and legal professionals navigating their way through the complexities of modern legal practice?
I would like to share with the upcoming generation of aspiring lawyers and legal professionals navigating the complexities of modern legal practice to embrace lifelong learning. The legal profession can be demanding and unpredictable, with its fair share of setbacks and challenges. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth, and developing coping mechanisms to navigate stress and uncertainty effectively. You must uphold the highest ethical standards in all your interactions, prioritize the interests of your clients, and adhere to the rules of professional conduct and legal ethics.
Can you walk us through your journey, starting from your school days at Bombay Cambridge School to becoming a University Gold Medalist in Law from Mumbai University? How did your experiences during those formative years shape your aspirations and eventual career path in law?
I studied at Bombay Cambridge School. It was one of the finest of our times. I was always a first bencher because of my height and not due to academics. Upto class VII, I was an average student. In class VII, I failed in the History subject. My parents were upset. They never expressed it. That was the lowest point in my academic career. I promised my parents that I would never let them down. From class VIII onwards, I was amongst the top rankers throughout. I belonged to the State Board (SSC). I was a school topper in Class X. I was awarded a trophy for outstanding achievement in academics in 1996 by Shri. Udhhav Thackeray, the then President of Shiv Sena.
My grandfather wanted me to pursue medicine as, according to him, I was academically brilliant. Destiny had other plans. I took up commerce at Narsee Monjee College of Commerce and Economics. I participated in various debate and elocution competitions at State Level. I was part of the organising committee of the first ever National Inter-collegiate festival “Umang”. I was a member of the Drama Committee and performed in theatre plays.
I pursued law from Mumbai University. Though we did not have formal internships in our times, I had a long term internship with Mr. Subhash Jha, Advocate from Law Global, Advocates and Mr. Anil Balani, Advocate. Under their guidance, I learnt the authentic and functional aspects of working of courts. I was actively participating in Moot court competitions. To my surprise, I even won best speaker at a few of them (though I always felt I was not even close to the other contestants). I was always eager to learn the art of advocacy. I completed the three year law course. I have been a University Gold medalist for all these years. I was awarded the Gold Medal by the then Governor of State of Maharashtra Shri. S. M. Krishna. I was even offered a scholarship for an LLM course at London University of Law. However, I felt I was not worthy of it, neither financially nor academically. I recuse myself. The same was offered to the girl who stood second. I felt she deserved it more.
I believe these formative years are the bedrock in your career. It shapes you as a person. It instilled, in me, a mighty infrastructure of legal knowledge, critical thinking skills and commitment to ethical practice.
As a University Gold Medalist in Law from Mumbai University, what key lessons from your academic journey do you find most valuable in your practical legal work today?
All of us must never forget that no education or training goes in vain. Every grade teaches us something new and significant. The most valuable lessons from my academic journey that I apply in my practical legal work today include Research Skills, Analytical Thinking, Effective Communication, Time Management and Ethical Awareness.
You have been recognized with prestigious awards such as the “Young Achiever under 40” Legal Award and “TOP individual Lawyer” – Tax by Forbes Legal Power List. How do you rate this recognition?
I am humbled. These accolades serve as affirmations of my dedication, expertise and contribution to the legal profession. They are a testimony of the fact that I love this profession and everything associated with it. It is my passion and not my profession. I am in love with the courts. I, for one, honestly and firmly believe that the judiciary is the only pillar which holds our constitution together. Every judge, I must applaud them all, right from the district judiciary to the Hon’ble Supreme Court, with limited infrastructure at disposal, is doing a remarkable and phenomenal job.
However, these awards come with supplementary responsibility. They serve as reminders of the high standards I must uphold and the expectations I must meet in my role as a legal practitioner and leader within the firm. I am keenly aware of the need to continue striving for excellence, both in terms of the quality of legal services we provide and the ethical standards we uphold.
How do such above said accolades impact your professional journey and the responsibilities you bear as a managing partner?
As the Managing Partner of UBR Legal, I recognize that these awards not only reflect individual achievements but also the collective efforts of our entire firm. I am committed to fostering a culture of excellence, collaboration and mentorship within the firm, empowering every member of our team to reach their full potential and contribute to our shared success. I am honoured by these awards and remain dedicated to upholding the highest standards of legal practice, leadership and service to our clients and the community at large.
You have authored articles and publications on intricate legal subjects that demonstrate a depth of understanding and a commitment to disseminating knowledge. Could you share insights into your writing process and how you select topics to address in your articles?
Certainly! Articles on intricate legal subjects require careful consideration and a structured approach. It is important to stay abreast of developments in the legal landscape and understanding the needs and interests of my target audience is paramount. One needs to conduct a thorough research of the topic which involves case law, statutory provisions, academic literature and expert opinions.
Overall, my writing process is guided by a commitment to disseminating knowledge, fostering understanding and providing practical insights. From 2020 onwards, I have introduced a monthly newsletter “Lex Loquitur” that culls out the ratio of some important rulings from various judicial fora in the areas of Indirect tax, Direct Tax, Arbitration and Conciliation Act and Insolvency and Banking Code.
As an arbitrator appointed by the Hon’ble Bombay High Court, what unique perspectives do you bring to alternative dispute resolution and how does it complement your litigation practice?
Being appointed as an Arbitrator by the Hon’ble Bombay High Court brings with it a unique set of perspectives and experiences that greatly enrich my approach to alternative dispute resolution (ADR). My background as a legal practitioner and litigator complements my role as an arbitrator, allowing me to apply my substantive legal knowledge and advocacy skills to the arbitration process to, mostly, a resolution to the dispute.
As an arbitrator, I am committed to upholding the principles of impartiality and neutrality in resolving disputes. I believe the alternate dispute resolution mechanism is intended to bring a pragmatic approach, emphasizing efficiency, flexibility and procedural fairness. The same aids the litigating lawyer in me to advise and counsel clients approaching me for legal opinions.
Reflecting on your time at Advaita Legal and Lakshmikumaran and Sridharan, what were the most significant learnings you garnered from those experiences and how have they influenced your leadership style at UBR Legal?
During my tenure at Advaita Legal and Lakshmikumaran and Sridharan, I had the privilege of working with some of the most distinguished legal minds in the industry. I worked with Mr. Sujit Ghosh, Senior Advocate at Advaita Legal. However, I am indebted, and shall always be, to Mr. V. Sridharan, Senior Advocate (Founding Partner of Lakshmikumaran and Sridharan) and Mr. R. Nambirajan, Senior Partner LKS. Whatever experience in life I have today, apart from the professional training, I received those valuable lessons from both of them. They taught me that a good man can only be a good lawyer. Ethics were embodied in me by them.
The dedication towards research, attention to detail and commitment to delivering high-quality legal services were ingrained in every aspect of our work. This relentless pursuit of excellence has become a cornerstone of my leadership style at UBR Legal, where I strive to uphold the same standards of excellence in all our endeavors.
I learned the importance of building strong client relationships based on trust, integrity and responsiveness. This client-centric approach guides my leadership at UBR Legal, where we prioritize client satisfaction and strive to exceed client expectations in every interaction.
With your expertise in GST could you elaborate on how you navigate the intricacies of these areas to provide tailored solutions for your clients?
GST is a new law. It is technology driven. It is system based. It is at a nascent stage. It would certainly evolve with passage of time.
Navigating the complexities of GST requires a deep understanding of the ever-evolving legal and regulatory landscape. At UBR Legal, we approach this by combining our expertise in tax law with a thorough analysis of our clients’ specific needs and circumstances. We tailor solutions for our clients by:
Staying updated on the latest developments in GST, budgetary changes, and service tax regulations through continuous research and training;
We engage in detailed consultations with our clients to understand their business operations, financial structures, and tax obligations; and
We provide legal advice on strategic tax plans that minimize their tax liabilities, maximize available benefits and incentives and mitigate risks.
How do you foresee the future landscape of taxation evolving and how does UBR Legal adapt to these changes to best serve its clients’ interests?
Tax laws are here to stay. Only two things are certain: death and taxation. As long as people exist, laws would exist. As long as laws exist, litigation would exist. At UBR Legal, we adapt the changes by staying ahead of the curve through ongoing education, investment in technology and close monitoring of legislative and regulatory developments. This allows us to anticipate emerging trends and proactively adjust our strategies to best serve our clients’ interests.
Beyond your professional endeavors, what personal hobbies or interests do you pursue and how do they contribute to your overall well-being and effectiveness as a legal practitioner?
I enjoy reading non-fiction and business oriented literature. Political news also excites me. This habit assists me in my role as leader of a law firm and fuels my legal practice as well. Regular reading also provides mental stimulation and helps maintain focus. I cycle everyday for about 20 kms. I enjoy cycling. It is a natural form of exercise. A healthy body is an expression of a healthy mind.
With your wealth of experience and achievements, what advice or suggestions would you offer to the upcoming generation of legal professionals who aspire to follow in your footsteps?
I am no preacher. I believe I am still learning. All of us are. We are all students of law. Learning never ends. However, I would like to share a few words of advice with the younger generation:
First, there is no substitute for hard work. Not everyone is gifted with exceptional talent. However, with hardwork and average intelligence, lawyers can go places.
Second, ethics and moral values are priceless. Be honest to yourself. Be honest to your work. Be honest to the court. Life would throw several challenges where your feet would tremble, that’s where the test lies. No legacy is as rich as honesty.
Third, conduct, behaviour and demeanour in court is the first court craft a lawyer should learn. Never hoodwink the Judge. Relationship between the bar and the bench is based on mutual trust. Respect your opponent. Respect his/her arguments, even if you do not agree. He/she is fighting for the client, the way you are.
Fourth, listen to your parents. Parents are the best teachers. They are the only true well wishers who want to see you succeed. Their blessings are very powerful.
Fifth, be and stay humble. Humility is a hallmark of great men. It was pride that changed angels into devils.
Your academic background includes a BSc in Science before pursuing law. What inspired your shift from the Sciences to a Legal Career, Could you walk us through the challenges you faced during the initial stages of your legal career and how you overcame them?
To answer this, I will have to take you through my early life which is quite interesting and of course would become inspirational once I establish a successful international law firm of repute for which I am endeavouring.
I was a good student of Science and I was preparing mainly for JEE along with my 12th Board exams. In the Board exams, I could not even secure First Division as my complete focus was on clearing JEE. The only reason for not securing the First Division in my Boards was getting very less marks in Physics and Chemistry practical for the reasons best known to my then respected teachers of respective subjects, though I scored very good in theories. At that time it was a major setback for me which shattered my confidence and (gave me a huge blow)caused a big depression as well. After that I dropped a year for JEE preparation but could not succeed again. Next year, I took admission in B.Sc. but kept preparing for JEE. Just before one and half months from JEE exams I had a fever which turned into Typhoid and later on into Measles , which ruined my entire preparation and so I could not get through the JEE exams again. Since I took admission in B. Sc. Therefore, at least my year did not get wasted and with overnight studies, I could manage a score of around 70% in BSc first year. Getting this kind of marks with very less studies was a big boost to my confidence and again I prepared for JEE. My preparation was good but unfortunately that year I along with my family had met with a very severe accident due to which I could not appear in my JEE exams. The accident was such severe that I lost my memory for more than 20 days. After this I decided to leave the Science stream and decided to join the CA course. After starting the CA course, everything was going very well. In my first year of article ship, I had started conducting audits of Banks and Companies Independently. My first CA attempt was in November 1998, my preparation was good but suddenly in the last week of September 1998, I started feeling severe pain in my hand while writing. I thought it was because of over studying as at that time I used to study for around 14-15 hours in a day. I took lots of medicines but no relief and the result was my first CA attempt went futile. After that I consulted many Orthopaedic Doctors but no relief. Then one of my uncles who was an Orthopaedic Surgeon suggested consulting a Neuro physician. I consulted one of the renowned Neuro Physicians who diagnosed it as WRITER’s CRAMP (a disease wherein a person can do all works except WRITING). I took his medicines for a long time but no relief. In the meantime I lost my May 99 and Nov 99 attempt of CA course. I also tried all the therapies but I could not get relief from any. Since this problem was not curing, therefore, I could not see but a dark tunnel through my future. Then one fine day I read in the newspaper that CCS UNIVERSITY has introduced an LLB course with an objective pattern. I joined the same and because of the objective pattern I could manage to complete the LLB course despite the acute problem of Writer’s Cramp, which still has not cured. To be honest, I wanted to do LLB since beginning but along with CA and never thought that I will practise Law. Therefore, shifting to a legal career from Science was not by choice but then prevailing circumstances as enumerated. I will always remain indebted to CCS University for introducing the LLB Course in an objective pattern during those days, due to which I could complete Law and achieve this success being a first generation lawyer.
In the initial days of my career I faced almost all the challenges which a first generation lawyer from a small town of India faces like rejection by big law firms as I did not have any God Father and I was passed out from CCS University, sometimes insult from near and dears as they used to think that I was wasting my time and I should join my father at his small pharmacy shop. My father never wanted me to sit in his pharmacy shop because he, himself started the pharmacy shop after losing his big Oil Business to his uncle and their son who fraudulently took over the same from my father, frustrations of my earlier failures and obviously monetary challenges. Therefore my early days of my career were full of challenges but I kept patience all the time and never accepted defeat from defeat.
Your firm, MSA Legal, offers a full range of legal services, including corporate advisory work, litigation, and arbitrations. Could you tell us more about the ethos and mission behind MSA Legal, and what sets it apart from other law firms? Additionally, what types of interns do you typically take, and what opportunities do they have to learn and grow within your firm?
Being a small town guy, I was not aware about the Legal Profession and used to think that CA profession is very big as compared to Legal Profession, but after joining The Chambers of Law, as an Intern, I came to know about the Legal Profession in a real sense. I found that it is no lesser than the CA profession. After completing the LLB I joined Gagrat & Company and started my career at the Supreme Court. In the initial days of my career while with Gagrat & Co. I handled Bofors Case on behalf of Hinduja Brothers, briefed almost all renowned Senior Advocates of India independently and leant about all renowned law firms of India. Then only I dreamt of establishing my own Full Service Law Firm. After working with Gagrat where I did majorly Supreme Court & High Court Litigation and Construction Arbitrations, I joined Mr Atul Chitale, Senior Advocate. At that time he used to run his Corporate Law Firm. There I did lots of Corporate Work like Merger & Acquisitions, JV Agreements and Corporate Litigation before the Company Law Board. After working with him, I started my own company along with working with one US Company where I did a lot of work on US laws but because of some financial reasons I had to join the Corporate Houses. I joined Jubilant Energy, an Oil & Gas Company, after that Monnet Group a mining, power & steel Company, then GMR Energy a Company involved in Thermal, Hydro, Renewable and Transmission and finally Vedanta Cairn, an oil & gas company. While working in these big Corporate Houses, I understood business very well and while dealing with lots of Law Firms as an In House Counsel, I realised that Lawyers understand Law but not the business and therefore applicability of law in the given business scenario always remain a challenge even for a lawyer who has good understanding of law. Though since the beginning of my career, I always wanted to start my firm but when I noticed this scenario, my determination got stronger and I took a plunge of starting my own law firm.
I have the business knowledge of certain sectors like Oil & Gas, Power, Mining, Steel & Infrastructure besides me there are business experts of all these fields in our firm, our approach always remains very practical & solution oriented and we believe in continuity of business. That’s how our Law Firm is different from other firms.
I always prefer to take interns who are first generation budding lawyers, having a humble background and willing to devote time to the profession without seeking any short cuts. Being a (comparative)small full service law firm, exposure in our firm is much more as compared to other big law firms as in our firm everyone gets an opportunity of doing all kinds of matters. Therefore, in our firm, a person gets all kinds of exposure.
Your expertise includes contract negotiation, arbitration, and legal documentation across industries like IT, energy, and mining. What drew you to such a broad spectrum of sectors, and how do you navigate the unique legal landscapes of each?
At the outset, I would like to state that I am not an expert and still learning from my daily experience. Advocacy is an ongoing learning process. It’s correct that I have done a lot of work relating to negotiating the high value contracts with parties situated in different geographical regions of the world. It’s just because I have worked in different industries and could come across the nuances of the business which help a lot in negotiating agreements. As I understand the flow of transactions & steps involved in the entire cycle of the project due to which it becomes easier to find the loopholes and the same can be mitigated while negotiating a contract. Same thing applies in the arbitrations and litigation since you are already aware of the flow of the transaction, you may anticipate questions or arguments encountered by the other side or bench. This gives an edge to you over other lawyers and you can provide better solutions to your clients.
In addition to your professional achievements, you mentioned involvement in cooperative societies and chambers of commerce. How do you balance your legal career with community engagement, and what role do you believe lawyers should play in society?
I am on the Advisory board of some Co-operative Societies one of them is NQOCN i.e. a society funded by WHO for creating awareness for the new born babies. My philosophy of life is that besides your professional duties you owe to the society as well and one has to give it back to the society irrespective of his family or professional commitments. I am an active member of various Chambers of Commerce like ASSOCHAM, PHD Chamber of Commerce, IOFGE and others wherein my role remains to create legal and compliance awareness among the industry. I divide my day into several activities. I want to allocate more time for social activities but due to my other commitments, I spare a minimum 7 hours in a week. The only key is time management. Besides my already fixed commitment, for the rest of the day. I always plan my day one or two days in advance.
A lawyer can play a very important role in society as he is aware of his duties in an equal manner as he is aware of his rights. There is one major problem in our country that here everyone is aware of his/ her rights but no-one bothers to know his/her duties towards nation and society. A lawyer can make the public aware of their duties towards the nation and society and make them more vigilant about their rights.
Your profile highlights involvement in drafting agreements for large transactions and acquisitions. Could you walk us through the process of negotiating such complex deals and ensuring favourable outcomes for your clients?
While starting drafting agreements for large transactions or even for small transactions, the foremost thing is the wish of your client. One has to understand in a very clear manner what exactly is the client’s requirement. After understanding the requirements of the Client, the process needs to be identified through which the transaction will go through. After understanding of the process, one has to see which laws and provisions thereof will impact the transaction. All these laws and provisions are required to be read in a very thorough manner including the precedents available as on date so that all mitigation strategies can be decided. Contract Negotiation is an art which develops over a period of time and there are no set rules for the same. It is different in all the matters and depends on your client’s wishes and how hard it is the other side.
Your career spans across different roles, from in-house counsel to managing your own law firm. What motivated you to transition into entrepreneurship, and what challenges did you face along the way?
As I told you in my earlier answers after joining the profession in 2003 and joining Gagrat & Co then only I decided that one day I have to start my own law firm but being the first generation lawyer, not belonging to Delhi, not having any Godfather, I had lots of challenges to face. I always wanted to do good work for the big corporates and in the starting phase of your career, it’s very difficult that any big corporate will assign you any work, I could not get entry in any big law firm so that I could do the niche work moreover my financial position was not that I could survive in the city on my own therefore I took a cautious decision to first work as an In House Counsel to understand business, to do the niche work from the other side of table and also to collect some amount so that after starting my own practise, I can have some time to sustain in the market easily and do the quality work even on the lower rates. So that I can work for big companies and gain their trust. With the grace of God, it’s happening in a nice way.
Considering your involvement in policy advocacy and corporate affairs, how do you perceive the evolving regulatory landscape in India, and what implications does it have for businesses and legal practitioners?
According to me, the kind of environment this Government has created in the entire world about the INDIA and the target which the Government has put before everyone to reach up to 5 Trillion Economy in next few years and to be a developed nation by 2047, there would be lots of investment in India in next two decades. This Government, has simplified lots of things but simultaneously to maintain transparency in the business, has introduced lots of regulatory compliances (checks and balances). With the liberal policies of the Government lots of investment is coming to India due to which Indian local businesses are also growing. In case the business will grow, there would definitely be more work for the lawyers particularly who are into corporate advisory. In the present regime the involvement of a Lawyer is equally necessary and required as of CA for finance function.
Your experience includes working with multinational companies and startups alike. How do you adapt your legal strategies to cater to the diverse needs and scales of these organizations?
As explained earlier, my approach to every assignment remains very unique. There is no straight jacket formula which applies to all the situations, it’s all based on the requirement of clients be it an established multinational or a start up. The bottom line is to understand the needs of the client, understand his business, apply the prevalent law in the given scenario, that’s it.
Apart from your legal career, what are some of your personal interests or hobbies that you find equally fulfilling? How do you manage to balance your professional life with your personal passions?
My foremost personal interest is to serve my nation but for that it’s not the correct time as at this stage I have my other commitments. After sometime when things will be settled, I will start giving my maximum time in serving the nation. As far as my hobbies are concerned, I used to like watching movies but in the last five years I watched very few movies and in most of them I slept. I like cooking and driving and am fond of listening to music of Mukesh, Jagjit Singh’s Ghazals and songs of the 90s. To relax myself while cooking or driving alone I listen to songs or ghazals.
Given your extensive experience, what advice would you offer to young professionals aspiring to build a career in law, especially in today’s competitive landscape?
I would like to advise following to the young professionals especially who are first generation lawyers and belong to a humble background:-
There are no shortcuts in the Profession;
Reading, Reading and Reading is the only mantra to be successful;
Whenever you start working don’t see the time . I’m not saying that time management is not important but not at the cost of quality. and not fix any time to complete any task. Keep on working till the time you are not satisfied with your work. After submitting your work, you should not have any regrets like if I had put in some more effort ,results could be different. Therefore always give your best;
Be a good listener;
Always read judgements in its entirety not the relevant para or head notes;
In the initial days of the career don’t run after the money;
Don’t compare yourself with your other friends who are in different professions especially in engineering or in management as they start earning very good from day one while in Legal Profession money comes late. After 20 years when you will compare you will find that you are on equal footing and after 30 years you will find yourself much ahead. Obviously some exceptions always remain;
Whatever be the circumstances, don’t compromise with your integrity;
This is the profession where Sky is the limit but with continuous hard work and labour. You can’t take anything lightly at any point of time when you are in this profession.
Reflecting on your journey from the initial days after college to where you are now, could you share some insights into the challenges or struggles you faced when starting your career, and how you navigated through them to reach your current position as a Partner at Mansukhlal Hiralal & Co.?
When I look back at my early days, I faced several challenges, the foremost being establishing myself in a competitive legal landscape. I started working at the grassroot level and navigated the system while learning the legal skills. People believe that litigation is about drafting and arguing, but a huge part of litigation is the process that each of the courts implement.
In hindsight, starting my career at Mansukhlal Hiralal & Co. felt daunting. Balancing the steep learning curve with client demands was challenging. It was a centenarian firm with an impeccable reputation to vouch for. But I embraced mentorship, built relationships, and developed resilience. Each obstacle became a stepping stone, fuelling my growth and leading to my current role as a Partner. The most challenging part for me was networking. As lawyers, we are not trained to network. Personally, I had to work hard to come out of my shell to expand my network. =I focused on continuous learning, and sought mentorship from seniors and experts. I worked in different roles to develop new avenues and set a solid base for the years ahead. This act of building a strong network and fostering positive relationships within the legal community also played a pivotal role in my journey. Being able to adapt and never give up was vital. This helped me overcome hurdles and move forward in my career to the position I am in today.
Congratulations on being named ‘Woman Legal Leader of the Year’ by the Future Digital Summit 2022! Can you share with us what this recognition means to you personally and professionally? Also, given your achievements, including being part of the Asia Super 50 Disputes Lawyers, what motivates you to continue pushing boundaries and excelling in your field?
Thank you for your kind words. These recognitions are truly an honour and a testament to the hard work of not just myself, but my entire team at M/s. Mansukhlal Hiralal & Co. In fact, it is humbling as well as intimidating since now the bar is set higher and I know I need to do even more than I have been, to stay on these lists.
It was a pleasant surprise being named the ‘Woman Legal Leader of the Year’ by Future Digital Summit 2022. It is a substantial honour for me, both on a personal and professional level. Personally, it signifies that the determination and effort I have invested in my profession have been recognized and rewarded. Professionally, this accolade serves as a motivation to continue contributing to advancements in the legal sector, reinforce my commitment to diversity and inclusion, and to inspire other women to pursue leadership roles.
Furthermore, being part of the Asia Super 50 Disputes Lawyers adds another layer of motivation. It reinforces my dedication to pushing boundaries and excelling in my field and contributing meaningfully to the legal community. It’s a constant reminder that excellence is a journey, not a destination, and one cannot get carried away with it.
As a TEDx speaker, we’re curious about your experience. What topic did you speak about, and how did sharing your insights on that platform influence your perspective on your legal practice?
My passion for empowering women extends beyond the courtroom. I recently gave a TEDx Talk titled ‘Equality Begins at Home,’ where I explored how fostering gender equality within families can be a powerful catalyst for broader societal change.
During my years of practice, I have represented several women who are ill-treated at home, be it mentally, physically, emotionally or financially. While I help them legally, I can say that in this evolving world, the term equality is used very loosely. There are so many facets of equality that need to be looked into. It is easy to understand that if you don’t grow up understanding what equality is, you will have difficulty in implementing it.
I am sharing the link as well.
During my talk, I emphasized the importance of looking into people’s mindset. It is a change that is required to bring equality in life. Equality is only spoken about superficially. It’s not just about educating a girl child or her having a successful career. It is how girls and women are treated at home and outside and breaking societal stereotypes to empower women. I shared stories of resilience, determination, and success, highlighting how only a change of mindset can have the transformative impact that empowering women can have on families, communities, and societies at large.
As a lawyer, my experience speaking on the TEDx platform influenced my perspective on my legal career. It reinforced the important role of the legal system in promoting gender equality and protecting women’s rights. It highlighted the need for lawyers to actively participate in projects that promote women’s empowerment and advocate for policies that address gender inequality.
On a personal note, my 13-year-old son was the proudest to have his mother be invited to be a TEDx speaker. He also related to the topic and understood its essence. He helped me throughout my preparation. So, for me, that itself was a big win.
As a leader heading the corporate, real estate, and dispute resolution team, how do you foster a collaborative and innovative work environment among your team members? Can you share an example of a successful collaborative effort that had a positive impact on a project or case?
As the leader heading the corporate, real estate, and dispute resolution team, fostering a collaborative and innovative work environment is critical to success. One effective way I encourage collaboration is by encouraging open communication and creating a culture where team members feel comfortable sharing their ideas and opinions. I believe in the power of ideas and actively seek opinions from individuals of different backgrounds and expertise. Additionally, I encourage continuous learning and professional development and motivate team members to stay abreast of industry growth and development. We hold in-house update sessions once a month where all the team members educate the other members with critical updates.
One outstanding example of a successful collaborative effort in our group was during a real estate transaction for the sale of two adjoining plots of land with two separate structures. The interesting part of this land holding and the structure holding was that the ownership belonged to one family, and was divided into several entities being:
Individuals,
Several HUFs
Private Limited Company
Partnership firm and
Trust
Along with this, there were several disputes inter-se between the co-owners including testamentary disputes, corporate actions, and partners-inter se, and there were several tenants in both the structures. All these land-holding structures and the disputes led to a very low valuation of the property.
For the sale of this property, my real estate team, my dispute resolution team and my corporate team not only worked together but put a joint face before the clients and all the adversaries. With such seamless collaboration, all the disputes and challenges were resolved and the client got a substantially high consideration for this property.
For aspiring lawyers and law students looking to excel in corporate law, real estate, or dispute resolution, what specific skills or areas of knowledge do you believe they should prioritize during their education and early career? Considering your diverse expertise, what types of internships or practical experiences would you recommend for students to gain a well-rounded understanding of the legal field and enhance their employability?
For aspiring lawyers in corporate law, real estate, or dispute resolution, prioritizing skills such as legal research, negotiation, and communication is crucial. I personally believe that whatever practice area you choose, one should always have hands-on experience in litigation and dispute resolution. One may be brilliant at drafting contracts and commercial documents, but execution of the agreement is not the measure of good drafting. The measure of good drafting is the test of the court. If the document does not speak for your intent in drafting in the Courts, the draft is not good enough. I strongly recommend having hands-on litigation experience early on in your career and then deciding your area of practice. I also strongly recommend judicial internships.
Needless to say, staying updated on industry trends, and developing business acumen is essential. Practical experience through internships and networking can provide a holistic understanding of the legal profession and enhance employability. To gain a well-rounded understanding of the legal field, students should pursue internships in diverse areas, including law firms, corporate legal departments, and government organizations. Practical experiences in drafting and research contribute to a comprehensive skill set. Exposure to different legal environments helps students adapt to various scenarios, making them versatile professionals.
You hold licenses as a Solicitor in the U.K. and Wales as well as in India. How has being a member of both legal communities enriched your professional perspective, and how do you navigate the differences in legal practices between these jurisdictions in your daily work?
Being a Solicitor in the U.K. and Wales as well as in India has enriched my professional perspective. It allows me to move seamlessly between legal systems, giving clients a global perspective. Having recognized the differences between legal practices, I use the strengths of each jurisdiction to provide comprehensive solutions. It provides me broader understanding of the nuances of international law and enhance the quality of legal services.
Considering your extensive experience, are there any key changes or developments in the legal landscape of India that you find particularly noteworthy or impactful for the legal community?
The Indian economy and landscape is changing every day. The laws we have also need to be updated at the same speed. There are several noteworthy changes in the legal sphere as well. As the world takes steps into the world of Artificial Intelligence and constant digital upgradation, the challenges of privacy have increased multifold. To mitigate the same, Digital Personal Data Protection Act, 2023 (DPDPA) is a crucial development in the Indian legal landscape. It is the very first comprehensive data privacy law in India with focus on individual rights. It empowers individuals with rights like access, correction, and erasure of their personal data, granting them greater control over its use. It also imposes obligations on data fiduciaries i.e. businesses collecting and processing personal data with respect to data security, transparency, and accountability. It also establishes the Data Protection Authority to oversee data protection compliance and investigate potential violations.
The Indian government is actively working to update and improve its regulatory framework across various sectors. This includes initiatives like the Insolvency and Bankruptcy Code (IBC), the Goods and Services Tax (GST), and the Real Estate (Regulation and Development) Act (RERA)
The Indian legal system is embracing technology at an accelerating pace. Increasing use of technology in legal practice, including virtual court proceedings, has streamlined processes and increased accessibility. This shift presents both opportunities and challenges, emphasizing the need for legal professionals to adapt to the evolving landscape.
Initiatives like the eCourts Mission and the introduction of online dispute resolution (ODR) platforms are transforming how cases are filed, managed, and adjudicated.
Outside of your legal career, what are your favorite ways to unwind and relax? Do you have any hobbies or activities that you find particularly rejuvenating?
I am a big advocate for work-life balance. Outside of my legal career, spending time with my son and my family are my biggest stress busters. I also find relaxation through various activities. I love reading, it gives me a break and a new perspective. I have re-connected with Bharatnatyam and it is really fulfilling to perform again on the stage. Traveling and exploring different cultures also rejuvenates me, and gives me new perspectives that positively impact my professional life.
Can you share a bit about your background and what motivated you to pursue a career in law, especially in areas like Corporate Criminal Liability and White-Collar Crime?
I completed my five-year integrated law degree from Panjab University, Chandigarh in 2012. I belong to a family of non-lawyers, but my sister, who is also a lawyer, inspired me to join the legal profession and showed me its various aspects. I did not have a clear career goal when I was young, unlike many of my classmates and the current generation of students. The only career options I heard from my parents were engineering or commercial airline pilot. Thankfully, my sister guided me towards the law field and helped me make a wise decision.
I started my legal career as a civil lawyer, focusing on Intellectual Property Rights, at the district court level. That was the stage where I discovered my true passion and direction in the law field. Later, I got the chance to work with HMJ Sanjeev Narula, who was then the standing counsel for various government bodies and also had his private practice. He mentored me at the Delhi High Court and exposed me to various fields of law including White-collar and corporate criminal matters. I gained valuable experience working for agencies like the Serious Fraud Investigation Office, Central Bureau of Investigation, the Enforcement Directorate, Directorate of Revenue Intelligence, and others.
When he was elevated, I changed my path and joined Luthra and Luthra. The firm gave me a different perspective and I started representing corporations and individuals instead of government agencies. I think your goals evolve over time, especially after you find out what you are good at or enjoy in the profession. Nowadays, as it has been for the last few years, the motivation that drives me is the intrinsic nature and complexity of an issue or a dispute, which challenges you to come up with creative solutions.
You’ve had a diverse legal career working in different domains such as international commercial arbitration, indirect taxation, and intellectual property rights. How did you develop expertise in these various areas?
I always liked the idea that a lawyer is a jack of all trades and master of none. I discovered early in my career that I had a curiosity to explore more than one area of law. This notion was reinforced when I worked with Mr. Narula on various matters involving different fields of law. His office had a wide range of work, and I got the chance to experience multiple aspects of law. I enjoyed working on new things as it kept my interest alive and my thinking sharp. So, it’s the opportunities that I got and the skills that I developed for them along the way that led to my diverse portfolio. I would say I am the opposite of today’s profession that requires specialization.
Could you describe some of the most challenging cases you’ve worked on, particularly in the context of corporate criminal liability and white-collar crime? What were the key takeaways from those experiences?
One of the most memorable cases that I recall is the series of petitions that challenged SFIO’s power to arrest for fraud under the Companies Act 2013 when it was notified. I was still working for the government then and SFIO had started taking action against individuals and corporations for committing fraud under the companies act after the notification of its arrest powers. It reminded me of the old days (company law board), when I used to assist Mr. Narula in the petitions filed by the government against Satyam computers. Those were the cases where SFIO had done thorough scientific investigation into the affairs of a company, but due to the lack of authority under the old companies act, the agency could only submit a report before the tribunal and seek civil remedies. This changed with the new companies act and especially in 2017, when the arrest powers were notified. SFIO then had broader powers, similar to those exercised by the Enforcement Directorate under the PMLA. With new powers came new challenges to those powers and we had to defend the SFIO’s powers before the Delhi High Court. Since the provision was new for the agency and for us, working with them to overcome the legal obstacles raised by the Petitioners gave us a lot of insight into how these agencies function.
You have extensive experience representing the Central Government. Could you share some insights into working on high-value matters related to sensitive issues, such as policy, treaty investment, and enforcement matters?
I had the opportunity to represent the government in various policy decisions, including its foreign trade policy, international trade protective measures (countervailing duty, safeguard duty – Anti-dumping), investment treaty arbitration matter et.al. One of the most fascinating and enriching learning experiences was when the government introduced the goods and service tax regime in 2016. At that time, I was still navigating my way around the existing indirect tax regime under the Central Excise act and the Finance Act. With the overall shift from a structure that was in effect for decades, it brought a lot of new challenges, ranging from interpretation to implementation to enforcement and so on. That was one of the moments when I witnessed the government and the judiciary being pragmatic and flexible in their approach with the sole aim to assist the assesses.
Then there was the most unique proceeding that the government initiated when Vodafone decided to initiate a second investment treaty arbitration against India, which was based on similar facts. This was the situation where the host country filed a proceeding before its own courts to restrain a foreign investor from proceeding with an arbitration under a Bilateral Investment Protection Agreement, which according to the host was nothing but an abuse of process. This was essentially my first encounter with issues arising out of international vis a vis domestic law – the overlap, comity of courts and the contours of investment protection agreements. Although the government did get the relief it sought – under the proceedings, despite the case being decided against it, the Delhi High Court rendered a judgment covering a lot of issues for the very first time.
One of the most intriguing issues in the enforcement aspect would be the power of agencies like the ED, DRI under the PMLA & Customs Act to record the statement of a person that can be used as evidence against them in a court of law. This is a tremendous power that is somewhat similar to the powers exercised by the Police under the CrpC, but the absence of similar safeguards in their parent statutes made it a very interesting aspect to work on.
Arbitration is one of your main areas of practice. What are some key considerations for businesses and individuals when choosing between domestic and international arbitration? How do you navigate the complexities of multi-jurisdictional shareholders’ disputes?
The reasons for choosing arbitration are constantly changing, but I have seen my domestic clients choose arbitration for a faster dispute resolution mechanism that promises them a quick resolution, especially when the courts are overloaded with their own backlog. However, these reasons are no longer valid as the post award proceedings before the courts cause significant delays that take years before there is any final determination on the disputes. On the international arbitration front, the demand is very simple: neutrality from a legal system that may favor one over the other.
The multi-jurisdictional disputes raise complex issues of jurisdiction, arbitrability of disputes, conflict of laws, enforceability across various legal systems that often become difficult to navigate. The sensible solution is to work with your domestic counterparts who can give you a better insight on the legal system prevailing in their jurisdiction, rather than trying to re-invent the wheel.
You’ve represented clients on a wide range of issues, including cybercrime and social media. Can you elaborate on the legal challenges and strategies associated with these areas, especially with the ever-evolving landscape of technology and privacy?
Cybercrime is a technical and dynamic phenomenon that poses a serious challenge to the law enforcement agencies. They need to be sensitized and equipped to deal with the various forms and manifestations of cybercrime, such as deep fakes, cyber hate, cyber terrorism, and cyber radicalization, which are constantly evolving and outstripping the existing legal norms and standards. They also need to collaborate and coordinate with other national and international authorities to effectively investigate, prosecute, and deter cybercrime, which often transcends the conventional boundaries and categories of the Indian Penal Code.
With your extensive experience in litigation, could you share some insights on how you approach complex contractual and commercial litigation, as well as constitutional matters?
To handle a complex contractual and commercial litigation, start by grasping the contractual relationship and the commercial transaction at the core of the dispute, along with the applicable legal principles and rules. Then pinpoint the main issues and disputes between the parties, and the potential remedies and reliefs that are available or sought. Based on the facts, evidence, and law, devise a clear and coherent strategy and argument to advance or defend the case. Most importantly, prepare and present persuasive and well-structured pleadings, submissions, and oral arguments, and counter the opposing party’s contentions and objections effectively. Moreover, if need be, explore and pursue alternative dispute resolution methods, such as negotiation, mediation, or arbitration, when appropriate and feasible, to achieve a satisfactory and cost-effective outcome. On the other hand, constitutional matters require identifying and raising the constitutional issues involved in the case, and analysing the relevant precedents and their applicability to the facts. The case also needs to be tested on the basic principles, such as jurisdiction, alternate remedy, delay, and latches, which may affect the admissibility and merit of the challenge. The level of difficulty and scrutiny of the challenge may vary depending on the facts of the case.
In your role as a Partner at your firm, you must provide valuable advice to your clients. What are the essential qualities and strategies you employ to provide practical and effective legal advice?
As a Partner at my firm, I have the responsibility and privilege of providing valuable advice to my clients on various legal matters. Some basic tenets that I stick to while doing that is to first and foremost listen and understand their needs, expectations, and concerns with the aim to identify the key points and issues that require consideration. I use my knowledge and experience to evaluate the strengths and weaknesses of their case. All of this is done to provide them clear and concise advice (sometimes frank) with accurate and relevant information – which includes explaining the legal principles and rules, the possible outcomes and consequences, and the pros and cons of different options and strategies.
Finally, as someone with a wealth of experience in the legal field, what advice would you give to fresh law graduates who are just starting their careers in the legal profession?
The legal profession is a diverse and dynamic field that offers various challenges and opportunities. You may need to try different options and acquire new skills before you find your ideal practice area or job. Don’t be scared to experiment with new things, especially in the initial year, and adjust to changing situations. You may discover new passions and interests that you never expected. You may not always get the guidance or support that you need, but you can always look for resources and mentors that can help you. Don’t wait for opportunities to come to you but try to create them yourself. Don’t depend on others to solve your problems but find your own solutions. There may be times when you may have to handle complex and sensitive issues and deal with a lot of information and documents. Be cautious and meticulous, reliability and consistency will take you a long way. Never forget, that the legal profession is based on relationships and ethics and requires a high level of integrity and courtesy. You need to be respectful and civil in your communication and respect the rights and views of others, especially your seniors.
Can you share the story of how you decided to pursue a career in law, and what inspired you to become a lawyer?
Well, my journey into the field of law was greatly influenced by my family’s legacy of distinguished lawyers, particularly my maternal grandfather, Mr. Gyan Chandra Dwivedi. He was a Senior Advocate at the High Court of Judicature at Allahabad and a true luminary in the legal world. His reputation for his commitment to justice and his impact on people’s lives left an enduring impression on me.
As a child, I often found myself intrigued by the stories and discussions about legal cases that echoed through our family gatherings. These conversations weren’t just about courtroom dramas; they were about real people’s lives being shaped and justice being served. The more I heard, the more I felt drawn to the idea of becoming a lawyer.
After finishing school, I decided to follow this innate calling and embarked on my journey towards a career in law. I got myself enrolled in a B.B.A. LLB (Hons) program at Amity University, Uttar Pradesh. This was the first step in the realization of my passion for the legal profession.
However, the pivotal moment in my journey came during my second year of law school when I had the opportunity to intern with the Human Rights Law Network (H.R.L.N.) in Allahabad. It was during this internship that I got a taste of what it truly means to be a lawyer.
One particular case during this internship became a turning point in my life. I was entrusted with the responsibility of drafting and arguing a Public Interest Litigation (PIL) seeking a ban on the sale of acid in Uttar Pradesh. This was not just a case but a chance to bring about tangible and positive change in society.
The day came when I had to stand before the court and present our case. To my surprise and honour, the case was heard by the now Chief Justice of India, Justice D.Y. Chandrachud, who was then presiding in Allahabad High Court along with Justice Harcauli. My heart raced as I presented our case, knowing that it had the potential to make a difference in the lives of countless people.
The order came in our favour, whereby the CMO of Allahabad was directed to ensure that medical aid (bed in the severely burned ward) be provided to the acid attack victim immediately. Further, Justice Chandrachud’s kind words of appreciation for our efforts were incredibly encouraging. This experience was profoundly enriching and reinforced my passion for law. It showcased the immense potential law holds to bring about positive change in society and ensure justice is served.
From that moment on, my commitment to the legal profession deepened, and I knew that I was on the right path. It was a journey driven by my family’s legacy and fuelled by the desire to make a meaningful contribution to the world through the pursuit of justice.
Today, as a lawyer and Managing Partner at Sinha & Partners, Advocates and Solicitors, I continue to be inspired by the values instilled in me by my family and the belief that law has the power to transform lives and society for the better. This is the story of how I found my calling in the world of law, and it’s a journey I cherish every day.
Can you walk us through some key milestones and experiences that shaped your legal career?
Certainly, let me take you on a journey through some key milestones and experiences that have profoundly shaped my legal career.
One of the pivotal moments in my career came when I had the opportunity to argue a case of medical negligence. It was a case that not only tested my legal acumen but also my dedication to seeking justice for my client. The District Forum passed a judgment in our favor, holding the doctors and hospital guilty of medical negligence and unfair trade practice. It was a significant victory, but the journey was far from over.
The case was subsequently challenged before the State Commission, where we faced a setback. The appeal was allowed, based on an erroneous finding by the State Commission. It was a moment of adversity, but it only fuelled my determination. I decided to challenge the State Commission’s order and sought revision before the National Consumer Dispute Redressal Commission.
This was a critical juncture in my career, and it required unwavering perseverance. After a rigorous legal battle, the National Consumer Dispute Redressal Commission ultimately passed judgment in favor of my client. It was a sweet victory that reaffirmed my belief in the legal system’s ability to right wrongs.
Another significant milestone in my journey was when I successfully had an award passed by a Sole Arbitrator set aside under Section 34 of the Arbitration and Conciliation Act, 1996. The circumstances surrounding this case were unique and challenging. The award had erroneously granted rent to the landlord for a commercial property during the lockdown imposed due to the COVID-19 pandemic.
The legal battle that followed was intense, but it led to a groundbreaking decision by the Hon’ble High Court. The court ruled that COVID-19 constituted a force majeure event, and invoking the force majeure clause during such times was both valid and legal. It was a significant precedent that not only benefited my client but also had broader implications for legal interpretations during unprecedented events.
In another instance, I managed to halt the initiation of the Corporate Insolvency Resolution Process (CIRP) after the first meeting of the Committee of Creditors (CoC). This achievement was the result of a strategic settlement between the Corporate Debtor and the Creditor. It was a testament to the power of negotiation and finding common ground in the often-complex world of insolvency proceedings.
These milestones and experiences have played a crucial role in shaping my legal career. They have instilled in me a deep sense of commitment to delivering excellence in the legal profession. They have also equipped me with the skills and determination needed to navigate the intricate and challenging legal landscapes that continue to unfold before me.
As the Managing Partner at Sinha & Partners, you’ve navigated complex legal landscapes. Could you share an example of a particularly challenging case or situation you’ve encountered and how you successfully handled it?
There are several challenging situations which I encountered during my tenure as the Managing Partner at Sinha & Partners. It is a complex legal landscape, and the stakes are extremely high.
Let me share one of such many cases. The case involved a multinational corporation embroiled in a protracted contractual dispute with a key business partner. The dispute was multi-faceted, spanning several jurisdictions and involving significant financial interests. Our client was facing the risk of substantial financial losses and damage to its reputation if the dispute wasn’t resolved favorably.
Navigating this complex situation required a multi-pronged approach. Here’s how we tackled it:
Thorough Analysis: The first step was an in-depth analysis of the contractual agreements, relevant laws, and the nuances of the dispute. This involved a meticulous review of documents and a deep understanding of the client’s business operations.
Strategy Development: Based on our analysis, we crafted a comprehensive legal strategy. This included identifying potential weaknesses in the opposing party’s arguments and formulating strong counterarguments.
Multi-Jurisdictional Coordination: Given the international aspects of the dispute, we coordinated with legal experts and partners in various jurisdictions to ensure a cohesive approach. Clear communication and strategic alignment were paramount.
Negotiation and Mediation: Recognizing the potential benefits of an amicable resolution, we engaged in extensive negotiation and mediation efforts. This required maintaining a delicate balance between asserting our client’s rights and exploring settlement options.
Litigation Preparedness: Simultaneously, we prepared for potential litigation. This involved gathering evidence, identifying key witnesses, and ensuring our legal team was ready for courtroom proceedings.
Client Communication: Throughout the process, we maintained open and transparent communication with our client. We provided regular updates on the progress of the case and discussed potential scenarios and their implications.
After months of intense negotiations and legal manoeuvring, we achieved a favorable settlement for our client. The agreement not only safeguarded their financial interests but also included provisions to protect their reputation and ongoing business relationships.
This case taught me several valuable lessons. It emphasized the importance of meticulous preparation, strategic thinking, and effective communication. It also underscored the significance of flexibility and adaptability in the face of evolving circumstances.
Ultimately, successfully handling this complex case was a team effort, and it showcased the dedication and expertise of our legal team at Sinha & Partners. It reinforced our commitment to delivering exceptional results for our clients, even in the most challenging legal landscapes.
During your time as an External Member of the Internal Complaint Committee under the Sexual Harassment of Women at Workplace Act, what have been some of the most important lessons you’ve learned about workplace compliance and gender equality?
Certainly, let me share my experiences during my time as an External Member of the Internal Complaint Committee under the Sexual Harassment of Women at Workplace Act. It’s been a journey filled with valuable lessons about workplace compliance and gender equality.
Picture this – I found myself in a unique position, serving as an External Member on the Committee. From the very beginning, it was evident that empathy plays a pivotal role in addressing workplace harassment cases. Hearing the survivors’ stories and understanding their experiences first hand made me realize the profound impact empathy can have. It’s not just a professional duty; it’s about creating a safe and supportive space where survivors can find solace and trust the process.
One of the standout lessons was the importance of proactive prevention. It’s not enough to have policies in place; it’s about fostering a culture of respect and equality within the workplace. When employees feel genuinely valued and respected, issues are less likely to surface in the first place. Prevention truly is worth its weight in gold.
Then came the realization that fair procedures are the bedrock of any effective complaint resolution process. The investigations must be thorough, impartial, and swift. This ensures justice for all parties involved and maintains trust in the system.
Education emerged as a key component. Many employees, I discovered, weren’t fully aware of their rights or what constituted harassment. Educating the workforce about these critical matters proved to be pivotal. Knowledge empowers individuals to recognize and report inappropriate behaviour, fostering a safer working environment.
Perhaps one of the most resounding lessons was the unequivocal stance against retaliation. It was abundantly clear that employees should feel safe and secure when
coming forward with complaints. Fear of repercussions should have no place in such a scenario.
And then there was the understanding that gender equality isn’t the sole responsibility of one gender. It’s a collective effort that requires both men and women to champion equality in the workplace. Everyone must play their part.
Lastly, the journey underscored that workplace compliance and gender equality are not one-time achievements. They demand continuous improvement. Regularly revisiting and enhancing policies and practices is the key to creating a better work environment.
In summary, serving as an External Member of an Internal Complaint Committee of an organisation is a profound experience that reinforced the significance of active commitment, empathy, and an unceasing pursuit of improvement in creating a truly inclusive and safe workplace for all. It’s a journey we should all embark upon together, because, in the end, it’s about justice, respect, and equality for everyone.
Your expertise includes Commercial Litigation and Corporate Compliance. Could you provide insights into the intersection of these two areas and how they impact businesses in today’s legal environment?
Commercial litigation and corporate compliance—it’s like a dynamic dance, and let me share some insights into how they tango in today’s legal landscape:
Risk Mitigation: Picture this as your shield in the legal battlefield. Strong corporate compliance practices are your first line of defense. They’re all about making sure your business plays by the rules and stays on the right side of the law. Why? Because when you’re compliant, you’re mitigating the risk of legal disputes. It’s like having an insurance policy against lawsuits.
Dispute Resolution: But hey, life’s not always a smooth sail. Disputes happen, and when they do, your compliance practices and records can be your knight in shining armor. They’re crucial in defending your actions and minimizing any potential legal liabilities. It’s like having a well-prepared strategy for a chess match.
Contractual Compliance: Ever heard the phrase, “It’s all in the fine print”? Well, in commercial litigation, it often is. Many cases revolve around contractual disputes. So, if you’ve diligently adhered to your contractual obligations, you’re in a much better position to steer clear of litigation storms. It’s like ensuring everyone’s on the same page.
Regulatory Changes: The legal landscape is like a moving target—regulations change, and they change fast. Staying updated on these changes and adapting your compliance practices accordingly is like navigating a constantly shifting maze. It’s a must to reduce the chances of legal headaches down the road.
Reputation Management: In today’s hyperconnected world, your reputation is gold. Effective compliance and litigation management are like your guardians of
reputation. They not only keep you out of trouble but also safeguard your company’s image. And in business, that’s priceless.
So, there you have it—commercial litigation and corporate compliance, two sides of the same coin in today’s legal arena. Together, they help businesses thrive while minimizing the legal hiccups that can trip you up along the way. It’s all about keeping the dance smooth and in harmony.
You have experience representing clients before different courts and forums in Delhi NCR. Can you share some valuable tips for young lawyers on effective courtroom advocacy and client representation?
Absolutely, I’d be happy to offer some practical advice for young lawyers when it comes to effective courtroom advocacy and client representation:
Thorough Preparation: Before stepping into the courtroom, invest ample time in thoroughly understanding your case, including the legal aspects, relevant precedents, and the key facts. Anticipate potential arguments from the opposing side, and be ready with well-researched counterarguments.
Confidence and Professionalism: Maintain a confident demeanour while always upholding the highest standards of professionalism. This includes how you interact with both the court and your clients. Confidence can inspire trust in your clients and convey competence to the court.
Effective Communication: When presenting your case, aim for clear and concise communication. Avoid using legal jargon that might confuse your clients or the court. Ensure that your client fully comprehends the proceedings, and be ready to explain legal matters in plain language.
Active Listening: Actively listen to your client’s concerns and questions. Keeping your clients well-informed about the progress of their case is vital. Address their queries promptly and provide updates on the developments in their legal matter.
Adaptability: Be flexible in your approach. Legal proceedings can take unexpected turns, so always be prepared to adapt your strategy and arguments if the circumstances change during the case. This flexibility can be a key asset in achieving the best possible outcome for your client.
Ethical Practice: Uphold the highest ethical standards in all your interactions and actions. Your reputation for integrity is one of your most valuable assets as a lawyer. Always act in the best interests of your clients while adhering to ethical guidelines and professional conduct.
Mentorship: Seek out experienced lawyers who can serve as mentors. Learning from their insights and experiences can be incredibly valuable as you navigate the complexities of legal practice. A mentor can provide guidance, share practical knowledge, and help you grow as a legal professional.
Remember that effective courtroom advocacy and client representation are skills that develop over time with experience and continuous learning. Stay dedicated to honing these skills, and you’ll be better equipped to serve your clients and achieve success in your legal career
When it comes to dealing with the Companies Act, 2013, I’ve seen firsthand how it can get pretty complex. Businesses often encounter some common challenges, and here’s my take on it:
Regulatory Changes: This act is like a chameleon—it’s always changing its colors.
Frequent amendments and updates keep rolling in, and businesses need to stay on their
toes to keep up. It’s like trying to catch a moving target.
Corporate Governance: Proper corporate governance is crucial, but it’s not always a walk in the park. It involves things like making sure board meetings are held as required and disclosures are made accurately. Sometimes, it feels like juggling multiple balls in the air.
Financial Reporting: Ah, financial reporting! This one’s a classic challenge. It’s not just about numbers; it’s about getting them right, auditing them thoroughly, and filing them on time. It’s like a high-stakes game of financial precision.
Related-Party Transactions: Compliance with regulations on related-party transactions can be quite a puzzle. It’s a delicate balancing act, and one wrong move can lead to trouble. Managing these intricacies is key.
Compliance Documentation: Let’s not forget about the paperwork. Maintaining meticulous records and documentation is critical. It’s like building a paper trail that stands up to scrutiny.
So, how do I lend a hand to businesses dealing with these challenges? Well, I like to be proactive. I offer compliance solutions that are ahead of the curve, conduct thorough compliance audits, and provide guidance that helps businesses navigate the Companies Act, 2013, and all its intricacies. It’s all about making sure they stay on the right side of the law while they focus on their core operations
Finally, for fresh graduates aspiring to pursue a career in law, what advice would you offer based on your own experiences and growth in the legal field?
To fresh graduates with dreams of embarking on a legal career, I’ve got some advice based on my own experiences and growth in the legal field:
First and foremost, nurture a true passion for the law and a steadfast dedication to the pursuit of justice. Trust me, it’s this passion that will be your unwavering ally when you face the inevitable challenges along the way.
Secondly, you have to be in the process of continuous learning as the legal world is like a dynamic river; it never stops moving. So, make a pact with yourself to be a lifelong learner. Stay curious, stay hungry for knowledge, and keep an eagle eye on
legal developments, including the latest case law and legislative changes. This knowledge is your secret weapon for excelling in your practice and serving your clients with excellence.
Finally, I could not stress more on the power of connections. Take the time to build relationships within the legal community. It’s not just about collecting business cards; it’s about forging genuine connections with fellow lawyers, mentors, and seasoned practitioners. These connections can work wonders, opening doors to exciting opportunities and valuable mentorship that can fast-track your journey in the legal profession.
Remember, the path you’re embarking on is both challenging and incredibly rewarding. With passion, continuous learning, and a well-nurtured network, you’ll not only navigate this path but also thrive in the world of law. Best of luck on your exciting journey ahead!
Can you tell us about your educational background and how you ended up pursuing a career in law with a specialization in Business Law?
I have done my schooling from New Delhi then I joined NLU Jodhpur after clearing their entrance examination in 2007. That time there was no CLAT examination and each college had their own individual entrance exams. I decided to pursue Business Law Hons because at that time NLU Jodhpur was offering in unique degree of BBA.,LLB (Business Law) Hons which was not given by any other college and since I wanted to pursue commercial law/ commercial litigation, I proceeded with specialisation in Business Law.
What inspired you to focus on corporate advisory, commercial disputes, and various areas of law such as legal metrology, and insolvency and bankruptcy law?
My initial days after graduation led to focus on these areas. Immediately after graduation, I joined a law firm and was with a senior advocate who had a substantial amount of commercial litigation work. That acted as a base for my practice and thereafter, I was fortunate enough to get associated with Clients who required advisory services in Legal Metrology and IBC Laws.
Could you share some highlights from your work experience over the past 10 years, particularly your involvement with the Supreme Court of India, Delhi High Court, and various tribunals?
Every court has a different learning experience and in the past 10 years, I have worked on a variety of matters including some constitutional law matters, commercial litigations as well as niche areas of law. I believe everyone should practice litigation for some year even if they eventually decide the pursue corporate law practice. It is in the courts that you understand completely how clauses are interpreted and how the law (through judgments) is laid down. I believe any lawyer should experience such things before moving into specialisation.
As the Managing Partner of a full-service law firm, GnS Legal LLP, how do you manage the diverse range of legal services provided by your firm?
I am fortunate enough to have had the opportunity to open a law firm with people who were my friends for a long time. Because of the ease and comfort, due to knowing each other for a long time, we have been able to divide the areas of law firm management. Each partner handles a particular aspect of managing the firm and for issues requiring the involvement of all partners, we generally make a consensus and operate accordingly.
What are some of the challenges you face in litigations at the Debt Recovery Tribunal and insolvency proceedings before the NCLT and NCALT?
When IBC was introduced, NCLT and NCLAT were functioning really well and cases were getting adjudicated upon at a very fast pace. Unfortunately, now due to a number of factors including but not limited to limited benches, increase in number of case and specially interim applications and also no adherence to timelines prescribed under the IBC, NCLT and NCLAT have slowly become like DRT/ DRAT. Cases for pending since long with no final decision in slight. In one of my cases, CIRP was initiated in the year 2018, COC passed the resolution plan in April 2020, however, till date the case is pending before the LD. NCLT for hearing and approval of the plan.
As part of your practice, you advise clients on commercial transactions and fundraising strategies. What are some key considerations and legal aspects that clients should keep in mind in these areas?
Everyone should realise that the cost of non compliance is much higher than cost incurred in legal compliance. Our country is moving towards highly regulated businesses and therefore, it is important for everyone to take proper legal advice wherever necessary.
Lastly, what advice would you give to fresh graduates who are considering a career in law, particularly in the areas of business law and corporate advisory?
I would like to say, internships are very important both from a learning perspective as well as building early contacts in the professional world. One has to be patient irrespective of the practice they decide to pursue, be it a law firm or joining a litigation chamber. Young graduates should not be in a hurry to go independent, and I personally believe one should work at different offices/ firms/ chambers for atleast 6-7 years before going independent. This is important to make sure you have enough experience before directly advising the Clients.
In litigation, having a good mentor is very important and if you find a good mentor, make sure to spend a reasonable amount of time in their office.
Can you tell us about your journey and how you ended up practicing law, particularly in the areas of indirect tax cases, company law, intellectual property rights, and the Anti-Money Laundering Act?
I gravitated towards law as a career because I felt practicing law gives you an opportunity to articulate yourself and is an intellectual challenge. Our professors back in college (Faculty of Law, Delhi University), while taking lectures and discussing case laws, would often take us to the stories of courtroom duels. Being a First Generation lawyer, I had very little exposure to the field of law. However, hearing about the Legal Luminaries and their art of advocacy fascinated me a lot. While pursuing LL.B from Law Faculty at Delhi University, the stories of its stalwart alumni further pushed me towards Litigation. I guess that’s how I ended up practicing law after my LL.B. Being a legal practitioner, in the initial years of your practice may not be monetarily rewarding, but as that is taken care of as you grow in practice, additionally, the social recognition that comes with experience is a reward in itself.
The chamber I joined after graduation majorly had matters pertaining to Indirect Taxes and Financial Crimes. What attracted me the most about tax Statutes is that it touches practically everything and their dynamic nature. Benjamin Franklin famously said, “In this world, nothing can be said to be certain except death and taxes.” Since Tax touches almost everything and everyone, Tax law is equally important for individuals, small businesses, MSMEs, or big enterprises. That widens the scope of practitioners of Tax law to practice before different forums for a variety of clients.
Much is the same for corporate law, IPR, and Anti Money laundering. India, post-liberalization, has witnessed massive growth. The growing economy and greater integration with the world economy have necessitated laws to be in sync with international standards. Thus we have seen overhauls in Company law, Competition laws, the introduction of stringent Anti Money Laundering guidelines for financial/reporting entities, and an overhaul of IPR laws such as copyright, Patents, etc. Such changes have also created the need for specialist legal counsel.
You have extensive experience practicing before judicial and quasi-judicial authorities. Could you share some notable cases or experiences that have shaped your career as an advocate?
The last quarter decade has seen tremendous growth in the role of Administrative Law and Quasi-judicial bodies. The Tribunalisation has opened a great many avenues for legal practitioners. Soon after I joined the Profession, I started in tribunals and before the administrative adjudicating authorities. In Tribunals, we have both Judicial Members (who are mostly Retired judges or legal practitioners) and Technical Members (those retired from Governmental departments and are no longer attached to the Government). The challenge before the Departmental adjudicating authority is that they are the serving officers of the Department itself. This raises the issue of Official Bias, which appears to be one of the biggest challenges in the adjudication process. In one of my cases, objections were raised by the Governmental Audit department with respect to the benefit of duty exemption on manufactured goods. The client had availed the said exemption, which was based on the Department’s own Notification. At the pre-Show Cause Notice Consultation stage, we furnished the authorities, precedents, and genesis of the exemption notification and the concerned law. Despite having precedents in our favor, our contentions were dismissed, and the Department went on to issue the SCN. The Original adjudicating Authority also held against us, confirming the demand. However, in a concise judgment, the Tribunal upheld our contentions and ruled in our favor. The entire process took a little over five years. That not only increased the cost of business for the client but also blocked a part of his working capital.
The case being adjudicated by the serving officers is a phenomenon not unique to the law related to Taxation but also pervades other statutes. Take, for example, “The Prevention of Money Laundering Act 2002 (PMLA)”; the Director of the Financial Intelligence Unit- India has the power to issue the Show Cause Notice to the Reporting entities. The Director heads the investigation and adjudicates the SCN, which is the culmination of his own investigation. The cardinal principle that no one should be a judge in his own case goes for a toss. Even in the new Goods and Service Tax Act (GST Act), as in the erstwhile Central Excise Act, the adjudication proceeding is carried by the departmental officers depending upon monetary limits, and they discharge functions in the capacity of quasi-judicial officers.
Therefore, in the context of administrative adjudication, client counselling assumes great importance. The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation. This may help the client to decide the future course of action and be prepared for any adverse situation.
As an Advocate on Record before the Supreme Court of India, what are the key responsibilities and challenges you face in this role?
Practicing before the Apex court of a country is a matter of great honor and pride. But practitioners have to be mindful of the fact that they are pleading and arguing before, and sometimes against, some of the best legal minds in the country. Therefore once a year, the Supreme Court conducts an examination before enrolling an Advocate as an AOR. The examination, in addition to testing the legal understanding of the candidate, also ensures that the candidate is well-versed with the Court’s rules, practices, and procedures. But for me, the most significant duty of an advocate on record is Professional Ethics. The Apex court has frowned and has shown its discontentment with AORs who just lent their names to the pleadings without studying and verifying the same. Recently the Hon’ble Court raised concern over the indiscipline of AoRs who had filed pleadings in which derogatory remark was made about a High Court judge. Since an AOR is accountable for pleadings filed in the Apex court, he is expected to perform all due diligence. I, for example, make sure that I read every word of the draft and that the pleadings are concise and to the point. The synopsis filed along with pleadings should never be extravagant or too voluminous. Using simple language and sequential structuring of the facts and law are the main pillars of good drafting. One has to be mindful that in Fresh matters before the Supreme Court, 90 percent of the chances of getting notice issued are based on the pleadings alone.
Intellectual Property Rights seem to be an area of particular interest for you. How did your interest in this field develop, and how do you assist your clients in securing their intellectual property rights?
IPR has attracted me since the days of my college. The fact that something as trivial as a Pen, an object of our daily usage, has an IP history going back more than 100 years is truly astonishing. The case laws we studied during our college days, exposed me to the novel arguments raised in the context of IPR, which were very unlike those raised in other traditional subjects.
In fact, the first case I handled independently before the Delhi High Court dealt with the issue of Trademark infringement concerning the exhaustion of rights in parallel import cases. While researching the case, I went through several journals and articles. I specifically remember the one article written by Late Prof Shamnad Basheer, in which he examined the ambiguities in the law regarding the exhaustion of rights and Trademark infringement. These articles and case laws helped me realize the potential of issues concerning Intellectual Property Rights. Another aspect of intellectual Property that attracted me the most was the ethical aspect. The balancing of monopolistic rights and free and fair use of Intellectual Property in the face of rapid technological development is another area to watch out for.
As for my clients, especially start-ups and freelancers, my first line of questioning is about the protection of their Intellectual Property. There are many reasons why it should be done. A simple Google search will give you a number of reasons for protecting your IP rights.
You mentioned your dissertation coursework on “Sports and its Interaction with the Antitrust Law.” Can you elaborate on this topic and explain the connection between sports and antitrust law?
The origin of sports was exclusively a social phenomenon. With the increasing dominance of economics in the sporting arena, conflict with the law was only natural. One such apparent conflict we have seen the world over is the conflict between sports and antitrust laws.
Take, for example, Sporting Bodies/Federations. We have the ruling from the Competition Commission of India that the Sporting federations are Dominant entities in terms of Section 4 of the Competition Act, 2002. Therefore the question that comes to mind is whether the restrictions or the interference with the right of staff and players to carry on their Profession will amount to ‘Abuse of their dominant position.’
Since these federations enjoy power under the pyramid structure of sports governance, it gives a practical monopoly to them. However, these sports federations are unique in the sense that they are the sole players in the market and have no competition from any other quarter. One of my arguments was the concept of ‘Position of strength’ as envisaged in the definition; will it necessarily need to have another existing competitor in the market, or is it sufficient to cover a single entity in the market?
There are other hosts of issues such as broadcasting and merchandising rights, ownership and acquisition of player’s contracts by franchises, illegal cartel behavior and collusion between sporting Franchises, anti-bidding behavior between the sporting clubs, etc.
We have authorities from foreign jurisdictions concerning anti-competitive practices in sports, which are almost close to 100 years old. The Competition Commission of India has also caught up with the anti-competitive activities in Sports, but there is a host of issues with sports that we may see ripening into dispute in times to come.
Apart from your professional endeavors, you also mentioned your interest in sports. How has your involvement in sports influenced your career as an advocate, and what lessons have you learned from it?
I am a sports enthusiast. I like spending time on the field playing sports. I have played cricket for my school and college teams. Over the period of time as a practicing advocate, I have realized the importance of fitness and a sports-ready mind. Starting point for any good practitioner of law, like any other profession, has to be a fit mental and physical setup. Sports bring a sense of discipline, instill perseverance and resilience in a person, and teach about dealing with uncertainties in life. To that extent, sports resemble the Profession of advocacy where irrespective of the intensive preparation, on a given day; it may or may not work out for you. Even if a day doesn’t work for you, given you have a good mental and physical setup, it’s relatively easier to bounce back and be better prepared next time.
Could you share some insights into your role as a partner at LexAlly Advisory LLP? What motivated you to establish the firm, and what kind of Litigation and consultancy support do you provide to your clients?
We co-founded LexAlly Advisory LLP in 2015 with a vision to bring within its umbrella both the Litigation and the Advisory/consultancy part. The law firm was essentially set up, realizing the fact that it gives me more freedom and control over my working ecosystem. We started modestly and are trying to find our way. But it gives me immense satisfaction that besides the litigation work, we have been able to advise our clients in their day-to-day legal matters. What gives us greater satisfaction is the fact of dealing with new-age entrepreneurs who are coming out with all kinds of novel issues in their business. In a short period of time, we have advised our clients on issues such as business transfer/slump sale agreements, Taxation, IPR protection, general contract management, privacy policy, etc. With a rapidly changing legal landscape, we also try to keep ourselves updated with respect to the newer business models and potential legal complications with such business models. There may be challenges of great proportion running your own shop, but it also gives you that extra independence and flexibility to deal with any legal problem, and the satisfaction that comes after a good job is a reward in itself.
As someone with experience in providing legal consultancy to business corporations and start-ups, what are some common legal compliance issues that companies face, and how do you assist them in navigating these challenges?
Issues with the start-ups are basically domain related. For example, an App developer may face the issues of privacy policy and data protection. Another issue may be with respect to managing the IPRs related to the source code and object code of its application. And it’s a possibility that the owner of the App or IT Programme may not be the original author of such codes. Similarly, those working on disruptive technologies may need assistance in dealing with a host of issues such as IPR, Competition law, etc. The traditional business models need assistance with respect to advisory on issues of Taxation, dealing with administrative authorities, compliances under Company law, etc. Our primary goal is to guide them, provide consultancy to such entities or individuals, and avoid possible conflicts.
Having practiced law for over a decade, what advice would you give to fresh graduates who are considering a career in the legal Profession? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?
Over time, I have realized that the work of a legal professional requires an analytical and objective thought process. It doesn’t matter whether he/she is working as a corporate counsel, working in a law firm, or having an independent practice. For those wanting to enter the arena of Litigation, patience and perseverance are the most essential tools. Withstanding criticism and maintaining the dignity of the Court is essential. For any new entrant in the Profession of advocacy, it is also essential to listen to those who have years of experience. I recall an interesting precept that I received early in my career. While I was arguing a case, the opposite counsel started interjecting me in a loud and unsavoury tone. Naturally, I got agitated and wandered off from the line of my argument. When the matter got over, a senior Bar member sitting in the courtroom very briefly counselled me, asking me to control my reactions, maintain composure, and give due respect to the Bench. These virtues are non-negotiable for advocates. The decorum of the Court must never be disturbed. That left an indelible mark on me.
A legal Practitioner shall always have the insight to learn and unlearn. There will come many occasions for a practicing advocate who might not get direct counselling or words of wisdom, but just by observing the legal ecosystem and watching court proceedings, one can learn so much. In the world of advocacy, experience is the best teacher.
Is there anything else you would like to share with our audience, or any final thoughts or advice you would like to leave them with?
My only advice to young advocates wanting to make a career in law is to always be thoroughly prepared. Only enter any courtroom or client counselling with thorough preparation of facts and law. Becoming a law expert may just not be enough, but keeping oneself updated with General Knowledge and current affairs is also important, as it goes a long way in developing the intellectual understanding of a legal practitioner.
Ma’am, please tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts.
Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?
General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.
Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?
Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly.
Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?
Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks.
What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?
Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.
