Can you share with us your journey from studying mathematics to pursuing a career in law? What inspired this transition?
After studying mathematics, I developed a strong analytical mind-set and problem-solving skills. However, I realized my passion lies in using these skills to advocate for justice and navigate complex legal issues. Inspired by the intersection of logic and law, I pursued a career in law to apply my mathematical aptitude to legal challenges, ultimately seeking to make a meaningful impact in society through the legal profession.
As a criminal defense lawyer, you’ve handled a wide array of cases, including high-profile ones. What drew you specifically to criminal law, and how do you navigate the complexities of such cases?
From an early stage, I was drawn to criminal law due to its dynamic nature and the opportunity it presents to defend individual’s rights and ensure fair treatment within the legal system. In navigating complex cases, I rely on thorough research, strategic planning and a deep understanding of both the law and facts. Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity.
Founding “The Chambers of Amit Kumar” in 2007 marked a significant milestone in your career. What motivated you to establish your own legal practice, and what were some of the challenges you faced in the early stages?
Founding ‘The Chambers of Amit Kumar’ in the year 2007 was driven by my vision to provide personalized legal services tailored to clients’ needs. Motivated by a desire for autonomy and innovation, I sought to create a platform where I could pursue my passion for law while fostering a culture of excellence. In the early stages, challenges such as building a client base, managing finances, and establishing credibility were prevalent. However, through perseverance, strategic networking, and a commitment to delivering exceptional results, I overcame these obstacles and steadily grew our practice.
Could you walk us through how you approach each case uniquely, considering the legal complexities and ethical considerations involved?
I approach each case uniquely, recognizing that every situation has its own complexities and ethical considerations. Just as jewellery cannot be crafted with pure gold alone, cases often carry inherent impurities. I meticulously scrutinize these imperfections, strategically leveraging them to build a compelling defence. By identifying and addressing these nuances, I aim to achieve favourable outcomes for my clients while upholding ethical standards.
With extensive experience representing clients in various courts, including the Supreme Court and the Delhi High Court, how do you ensure effective representation while upholding the principles of justice and fairness?
In representing clients across different courts, my focus remains steadfast on effective advocacy while upholding the principles of justice and fairness. This involves thorough preparation, detailed discussions with clients, and adherence to ethical standards. I prioritize understanding the nuances of each case and presenting compelling arguments based on law and evidence. By maintaining integrity, respect for due process, and a commitment to equity, I strive to ensure effective representation that upholds the highest standards of justice.
Advocating for causes such as the petition relating to marital rape demonstrates your commitment to social justice issues. What role do you believe lawyers play in advocating for societal change, particularly in addressing sensitive issues like gender-based violence?
Lawyers play a crucial role in advocating for societal change, particularly in addressing sensitive issues like gender-based violence. Similar to doctors, lawyers are often at the forefront of observing societal trends and have the opportunity to raise awareness about important social issues through their daily practice. With this responsibility towards society, lawyers can leverage their expertise to challenge unjust systems, advocate for policy reforms, and provide support for victims of gender-based violence, ultimately contributing to a more just and equitable society.
Handling cases involving fraud and corruption, such as the JBT recruitment scam and housing society scam, requires a deep understanding of legal intricacies. How do you navigate through the legal complexities of such cases while ensuring transparency and accountability?
In navigating cases involving fraud and corruption, I prioritize a meticulous approach that combines through legal analysis with a commitment to transparency and accountability. This involves conducting extensive investigations, research work, collaborating with experts, and presenting compelling evidence in court. By upholding the principles of due process and ensuring transparency in all legal proceedings, I aim to pursue justice for my client.
As someone with a significant breadth of experience in the legal field, what advice would you offer to aspiring law graduates who are just starting their careers, especially those interested in criminal law and social justice advocacy?
My advice to aspiring law graduates interested in criminal law and social justice advocacy is to stay committed to continuous learning, develop strong analytical skills, and cultivate empathy for your clients and their communities. Seek out diverse experiences, such as internships, pro bono work, and mentorship opportunities, to gain practical insights and build a robust professional network. Never compromise with the ethical standards.
Reflecting back on your college days, could you share your journey from how you thought of doing law to your college days, and how did you navigate the transition from college to the legal profession, especially as a first-generation lawyer? What were the challenges you encountered, and how did you overcome them to establish your career?
I have always been my mother’s “brighter” child. When the time came for me to choose a career path, my mother casually suggested law. Being a first generation lawyer, I had no insights into the profession, its scope or its demands. In fact, I had absolutely no first-hand knowledge about the life of a lawyer, beyond what is depicted in television, movies and John Grisham novels. At that time, after I compared law to the other conventional career choices, being a lawyer excited me the most. As my curiosity drifted towards law, the decision was made. To be honest, when I look back, I think doing law was just a choice I made by chance. But almost 15 years later I can honestly say that it was one of the best choices I have made.
I studied law at Dr. RML National Law University and I am who I am today because of what my time in law school taught me. The five years I spent in law school were very internship centric. After the internships I did in my first year of law school, I realised that they gave me the practical exposure that law school did not. From my second year in law school, I started interning, every chance I got. While not taking away from the importance of academics, I truly feel that internships gave me first-hand knowledge about the profession. They exposed me to the practicalities and realities of a lawyer’s life.
Owing to my internship experiences, by the end of my third year in law school, I was quite sure that I wanted to start my career as a litigation lawyer.
My transition from college to the legal profession was smoother than I had anticipated it to be. Before I finished my last semester, I had job offers from two litigations firms. One offer I got was on account of a long internship I did at the firm and the other one was on account of an interview I gave while I was in my last semester.
In 2013, Lawctopus and Legally India posted several job openings. I remember I applied for the opening of an Associate at Arimus Law. I got an interview call. The interview was assessment based and not just an interaction with the Partner, Mr. Arjun Singh Bawa. A day before the interview I was sent a fact sheet and was told to prepare arguments from both sides. The interview was like a moot court competition. I argued my case and I got the job! It was one of the most exciting interviews I ever gave. In fact, even now, 10 years later, we still follow this assessment interview model while hiring at Arimus Law.
The only difficulty I faced during the transition was the choice I had to make between the two job offers. One was with a very reputed law firm and one was with a comparatively newer law firm. Not having a mentor in the profession to guide me in the right direction, this choice was a tough one to make. I weighed the pros and cons, as I knew them then, and took the decision to join the latter, Arimus Law. My decision was swayed by the fact that Arimus Law had more trial work.
During this roller coaster ride, the biggest challenge I encountered was not having a professional mentor who I could go to for advice and guidance.
You’ve worked with various renowned advocates and senior advocates. Can you share a memorable experience or lesson that significantly influenced your approach to legal practice?
I have been very fortunate to have got the chance to work with several renowned advocates and senior advocates. Every interaction with another lawyer has taught me something but the key learnings I have got over the years that I still keep in mind today are:
Put effort into your list of dates and synopsis. It might be the only thing a Judge reads before dealing with your case.
Pleadings can make or break a case. Draft crisply, there is no need for non-essential verbosity.
Master your brief. Don’t just read it, think about it, dream about it. Make the brief your story.
By failing to prepare, you are preparing to fail.
You’ve had a diverse and impactful legal career, starting as an Associate at Arimus Law and now being a Partner in the same firm. Can you share a memorable experience or case that has significantly shaped your journey as a lawyer?
While I was still in law school, my mother’s ancestral property in Delhi became the subject matter of litigation. I (and also my mother) strongly believe that this case has played a major role in making me the lawyer I am today. Being a property related dispute, it has a civil law angle, a testamentary law angle and also a criminal law angle.
When I was in law school my mother used to go and attend the hearings of this case before the Hon’ble Delhi High Court. Before each hearing I would have long conversations with my mother about what the case was listed for, what the lawyer’s strategy was, what could be the possible outcomes of the hearing etc. Whenever I was in Delhi for an internship or a break, I used to accompany my mother for meetings with the lawyer and for the court hearings.
The fact that I became a litigant before a litigation lawyer changed the way I deal with my Clients today. I make an effort to be more compassionate, empathetic, honest and available to my Clients.
It is also this case that enabled me to, very early on in my career, familiarise myself with the dynamics of a courtroom. What I have learnt about courtroom dynamics from this case is something that I benefit from, till date. Effective advocacy is so much more than just knowing the law. During the initial years of my career, the exposure I got from this case helped me bridge the gap between the theoretical world of law and the real-world courtroom dynamics.
This case is still pending adjudication and every hearing still teaches me something new.
You’ve been appointed as a Local Commissioner to record evidence in various Suits by the Ld. Judges of the District Courts of Delhi. Could you share some insights into this role and how it contributes to the legal process?
I’d like to start by quoting from the judgment of the Hon’ble Delhi High Court passed in Pushpa Devi Vs. Bimla Devi & Ors. (AIR 2000 DELHI 141) –
“…However sad as it may seem the reality today is that Suits do not reach hearing for a large number of years…Delay therefore defeats justice”
This judgement was passed over 2 decades ago but the situation unfortunately is still the same.
In my active practice before the trial courts in Delhi and on the original side in the Delhi High Court I have witnessed cases languishing for years at the stage of evidence. This is solely because of the sheer burden there is on the Courts these days coupled with the lack of infrastructure. I truly believe that the process of appointing local commissioners to record evidence in suits has considerably cut short the time a suit takes to become ripe for arguments.
You transitioned from an independent practice to becoming a Partner at Arimus Law. What factors influenced your decision to join the firm, and how has this shift impacted your approach to legal work and professional growth?
I started as an Associate in Arimus Law in 2013 and I worked there for almost 3 years.
During my time at Arimus Law, I got the chance to research, draft, participate in client meetings and appear before multiple courts in a day. Within the first 6 months at Arimus Law, Mr. Bawa gave me the opportunity to argue a matter that I had drafted and got filed before the Hon’ble Delhi High Court. One evening before the matter was listed, Mr. Bawa made me practice my arguments before him and the next date he sat next to me and told me to take the lead. Every day after I came back from Court, I had so many questions, about the law, about the procedure or about an argument I heard another lawyer make in Court. Every evening somewhere between 7 PM to 8 PM, Mr. Arjun Singh Bawa, my then boss (and now Partner) used to wrap up his client meetings and take a coffee/snack break. It was during this time that I used to go into his cabin and bombard him with all my questions and doubts. I still remember how he used to patiently answer all my questions and clear all my doubts. Soon this became a ritual. My time as an Associate at Arimus Law was enriching and very rewarding.
After about 3 years, I started feeling complacent at work and that is when I decided to quit Arimus Law and look for other opportunities. Over the next 3 years I worked at various other chambers and gained more experience.
In 2018, when I had a few clients and enough money in my account to make rent for six months, I decided to take the plunge and set up my independent practice. To be honest, it was very daunting at the beginning. There were many unsettling moments of self-doubt, unsureness and fear. But with God’s grace, luck and a lot of hard work, I think I was able to establish a successful independent practice. I never gave myself enough credit but when I survived the COVID 19 pandemic without having to give up my office space, I realised I had done something right.
After I started working independently, I collaborated with Arimus Law for a few matters. In the end of 2022, when we had come out of the pandemic, I began wondering, “what next?”. To my surprise, serendipitously, in the beginning of 2023, Mr. Arjun Singh Bawa offered me partnership in the firm.
The 2 primary factors that influenced my decision to take up this offer were the experience I had working as Mr. Bawa’s associate in Arimus Law and the collaborative work environment that a firm set up can offer more easily as opposed to independent practice.
The shift from being an independent (first generation) counsel to a Partner in a law firm has definitely made me more equipped. With the assistance of the exceptional team that we have built at Arimus Law, I am able to do more work without compromising on quality.
Could you share some insights into the challenges you faced in both roles? What were the unique challenges of working independently, and how have they evolved or changed since becoming a partner in a firm? How do you navigate these challenges while maintaining the high standards of legal practice?
The biggest challenge I faced as an independent practitioner was to acquire new clients. When I started my independent practice in 2018 I had a handful of clients. I remember the time when I had court hearings only 2-3 times a week. This was a tough adjustment after being an associate in chambers where I’d get to appear in multiple Courts in a single day. However, I used that extra time I got out of Court to work more extensively on my briefs and find ways to get my Clients favourable results. Eventually, over the years I was able to do some good work for my initial clients who then graciously recommended me to their friends and family.
At Arimus Law I work with 3 other Partners. Mr. Arjun Singh Bawa who primarily handles commercial and contractual disputes, Mr. Arjun Dewan who primarily handles criminal and medical negligence disputes and Mr. Arjun Mukherjee who primarily handles IPR and criminal disputes. Over the last 6 months, we have built a team of young, dynamic and very talented lawyers. I must say that it has been my absolute pleasure to have a chance to work with all the members of our team.
Learning to balance responsibility, not only as a lawyer but in other roles is a challenge I have faced in my current role as a Partner but I am enthusiastically learning how to be a good lawyer, a mentor, a leader, and a good team player, all at the same time.
You’ve revised the 16th edition of the Pollock & Mulla – Specific Relief Act, 1963. What motivated you to take on this task, and how do you believe this contributes to the legal community and practitioners?
I believe that the legal profession and academia are interlaced. I took up this task knowing that it will complement and enrich my legal practice by providing me with a platform to learn and grow.
I don’t know about others, but even today, in the age of the internet, search engines and legal research tools, whenever I come across a provision of law with which I am not completely familiar, I look up a commentary to find the starting point of my research. I sincerely hope the revised edition of the Pollock & Mulla – Specific Relief Act, 1963 helps members of the legal community familiarize themselves with the Specific Relief (Amendment) Act, 2018.
Apart from your legal pursuits, you’ve trained in Bharatanatyam and performed several Bharatanatyam Recitals under the guidance of Padma Shree Geeta Chandran. Many individuals find it challenging to sustain their passion for the arts as they become busier with their professions or during higher studies. We’re curious to know about your journey with Bharatanatyam—how did your interest in this classical dance form grow alongside your legal career?
I was blessed to have a structured upbringing with academics, dance, sports etc. I started to learn Bharatanatyam at the age of 6. At Natya Vriksha under the tutelage of Geeta Akka, dance was just one of the multitude things I learnt. Geeta Akka filled my young mind with art, music, culture, history, mythology as well as social values of justice, equity an inclusion. Natya Vriksha was my second home. I danced regularly from the age of 6 till I turned 18, when I left to study law at Dr. RML National Law University, Lucknow.
Over the years I developed a passion for Bharatanatyam and all its nuances. During and even after law school I tried very hard to multitask and continue my journey in Bharatnatyam while practicing law. But both Bharatantayam and practising law are hard task masters. The practise of law leaves little time for anything else. Amidst the demands of my career in law, I could not give Bharatanatyam the time and effort it required.
At the age of 24, I made the very tough decision of giving up my dream of becoming a Bharatanatyam dancer. However, thanks to my Guru, Padma Shri Geeta Chandran and the Natya Vriksha Dance Company, Bharatanatyam is still a part of my life. Both my Guru and her dance company perform regularly and I am fortunate enough to have the opportunity to witness these magical performances.
There have been days where I feel that the law took away Bharatanatyam from me, but then, in all fairness, the law has given me back so much more!
As a panel member in various debates aired on Times Now and Mirror Now, how do you see the role of legal professionals in shaping public discourse on legal issues?
In today’s world, the media is playing an undeniably important role in creating and shaping public opinion. There are several instances where the general public is unaware of the correct position of law in respect of certain issues. It is in such situations that legal professionals should be made part of a public discourse in order to enable them to highlight the correct position of law. This in turn gives the public the complete information that they should have to make an opinion.
Internships play a crucial role in a law student’s journey. Can you share insights into the kind of internships you pursued during your college days and how those experiences influenced your career choices? Additionally, what advice would you give to law students when it comes to selecting internships, especially considering the trend where many aspire to intern at tier 1 law firms?
My recollection of my journey and transition from law school to the legal profession is a first-hand example of the importance of internships in a law student’s journey. Being a first generation lawyer I had no insight into the realities of the legal profession. Like I said earlier, my exposure was restricted to only what was depicted in television, movies and books.
When I started law school, I was hopelessly home sick. To begin with, internships were an excuse to go back home to Delhi. In my first year I interned with two NGOs. I bagged these internships through family acquaintances.
In my second year I interned with Mr. Vikas Dhawan (who is now a designated senior). He was then an advocate practicing primarily on the Original Side in the Delhi High Court. He was our lawyer in my mother’s property matter so it was again an easy internship to get. It was my time in his office that got me really excited about litigation. However, I still wanted to intern in different fields of law before deciding which one I was most interested in.
The next few internships were hard to get. I did not know many people in the profession and all my e-mail applications (sent months in advance) remained unanswered. But I did not lose hope!
I remember, in 2011, I printed several copies of my then 1 page CV and roamed the streets of Defence Colony (the hub of lawyers’ offices in Delhi). I walked into so many offices and handed over my CV to anyone who would take it. I bagged my next few internships like this. This exercise got me the opportunity to intern with Mr. P.K. Dubey ( now a designated Senior), Zeus Law, Mr. A.S Chandhiok (Senior Advocate), Sikri & Company etc.
I also briefly interned in the Corporate Division of O.P. Khaitan & Co. After my previous internships in the field of litigation, my short stint here was enough for me to know that I was not meant to be a corporate lawyer. The stifling hustle-bustle inside and outside the courtrooms excited me the most.
I personally did not intern in any tier 1 law firm. This was only because I never got the opportunity. During my law school years I did fret a lot about not having any tier 1 law firm names on my CV but then, there was honestly not much more I could do about it.
I chose to not give up or lose heart. I took up every opportunity I could lay my hands on. I made connections as I went. And, I worked hard, very hard.
Being a first generation lawyer I can be very blunt and say, the journey can be challenging. My only advice to law students and young lawyers is to be brave, be curious, chase experience and continue learning. Take up every opportunity you can lay your hands on, be it big or small. There is no better teacher than experience!
Sir, could you share with our listeners how you embarked on your journey in law? What motivated you to pursue a career in the legal field?
Infact, my current profession of being a litigation lawyer is my second avatar as a professional as I started my career as a Scientist/Assistant Professor of Physics at Delhi University and I still consider myself to be a scientist by training and education but a Lawyer by profession. I am a first generation lawyer with no direct or indirect background in Law till I completed my LL.B. My real-life experiences rather confrontation with Law and Law enforcement agencies and my quest for the justice to the common masses motivated me to make my career in Law. During my stint as Professor of Physics, I was quite captivated by the working of certain law enforcement agencies and other government Institutions under the aegis of Constitution of India and the interplay of the Legislature, the Executive and the Judiciary. Post my LL.B. from University of Delhi, I got shortly associated with the office of ASG, Government of India and AAG for the state of Rajasthan at Hon’ble Supreme Court, and thereafter, I started my own independent practice in the year 2012.
My cordial associations and relationships with my seniors at Supreme Court and other Courts helped me a lot in learning and developing the idea of litigation in a short span of time.
From your early career as a Jr. Associate at the office of the Additional Solicitor to become an Advocate-on-Record of the Supreme Court and to your current role as Senior Central Govt. Counsel, Counsel for DDA, Counsel For state of U.P. and several other PSUs including PNB & RFC and being lead and arguing Counsel for few big Corporate Houses like HAL Offshore, McDonald’s, Ultratech Cement, Binani Cement etc, you’ve navigated through different roles. How did these transitions shape your legal perspective, and what key responsibilities have defined your journey?
Though, I had very short stint as Junior Associate in the office of ASG, Union of India and AAG, State of Rajasthan but I had a lot of learning in those offices and that helped me develop basic idea of litigation in a short span of time and with almighty’s grace, I was also able to strike very cordial associations and relationships with my seniors colleagues as also officers of registry at Supreme Court and other Courts. After only 15-18 months of my Jr. Associateship, I got onto my own independent practice because I started getting a few independent assignments based on my basic understanding of Court Ecosystem. However, my relations with my seniors at Supreme Court, High Courts and District Courts/Tribunals helped me in perfect execution of those assignments, thereby getting the intended reliefs. This is how the journey began and since then I have never looked back.
I am practicing as an independent Litigation and Arbitration Lawyer since Aug’2012 at Supreme Court of India, Delhi High Court, Mumbai High Court & Other High Courts across India, DRTs, DRAT, NCLT, NCLAT CCI, CAT ( erstwhile BIFR & COMPAT) at New Delhi.
The key responsibilities include:
Drafting & Vetting of Pleading of SLPs, Writs, PILs, Suits, Original Applications, Securitization Application, Misc. Applications, Service Matter Petitions, Claim Petition, Counter Claims, Evidence Affidavits, Legal Notice, Reply/rejoinders and conducting Civil Trials and Appeals as also Arbitration matters.
Appearing in all Court proceedings before the Hon’ble Justices & Registrars of Supreme Court of India, Delhi High Court, Bombay High Court, CAT, DRT, DRAT, NCLT, CCI, COMPAT & SAT at New Delhi, Kolkata and Mumbai.
Well versed with SARFAESI Act’ 2002, Recovery of Debts due to Banks & Financial Institutions Act’1993, DRT Rules, DRAT Rules, Banking Regulation Act’1949, Banking Companies Act’1970, Companies Act’2013, Insolvency & Bankruptcy Code’2016, SEBI Act’1992, PMLA Act’2002, Information & Technology Act’2000, Arbitration & Concilliation Act’1996, Specific Relief Act, Registration Act, Contract Act, Specific relief Act, Civil Procedure Code.
Vetting of Contracts, Agreements, Licenses, Hypothecation, Mortgage & Conveyance Deeds.
I am regularly appearing and conducting Litigations before Supreme Court of India, High Court of Delhi & Mumbai, DRT- Mumbai, DRT Kochi, NCLT & NCLAT Delhi, NCLT Mumbai, High Court of Calcutta, High Court of Kerala at Ernakulum, High Court of Orissa at Cuttak for my clients. Apart from my appearances before the Courts, I am also representing many of clients in their Arbitration cases at Mumbai and Delhi. I am also a qualified Mediator and am empanelled as Mediator- at Supreme Court of India.
Your profile showcases extensive experience in Civil-Corporate Litigation, Arbitration, and White-Collar Crimes. How did you develop an interest in these specialized areas, and what challenges and rewards have you encountered along the way?
To be honest with you, as a first generation lawyer, you cannot be choosy as you have to run your show and household also. Therefore, during my initial years, I took variety of cases, which ranged from appearing before a Revenue Officer to going to Police Station or Human Right Commission. From drafting of criminal Complaint to drafting of Consumer Complaint. From drafting a Claim Petition for MACT to drafting a Claim Petition for Arbitral Tribunal. Doing almost all the work at Supreme Court/High Court registry myself. Took every assignment irrespective of its pecuniary rewards or forum or rigours with only one thing in mind that each case was learning experience and success at these cases boosted confidence and fostered new relations at different levels of hierarchy. Success in these small assignment perhaps got me noticed by my senior colleagues and few Corporate Heads and the insight, which I gained during these exposures lead me to convince my initial Clients with confidence. I started getting cases related to Banking and Recovery before DRT Delhi & DRT Mumbai and also erstwhile BIFR. After implementation of IBC regime, these cases took me to NCLT & NCLAT. These financial/ banking cases with big exposure values invariably involve criminal aspects of wilful default, siphoning off and diversion the funds, fraud or money laundering. Similarly Property disputes these days have intrinsically some criminal colour in form of forgery, cheating and Service matters may also have flavour of corruption involving PC Act. Thus, despite not exactly planning for venturing into a specific area of expertise, I gradually got specialised into these areas. The best reward and motivation to keep on moving in these areas of expertise was the pecuniary benefits and broad and global exposure to working of various Industries such as Cement Industry, Shipping Industry, Oil & Gas Industry, Minning Industry, FMCG Companies, Banking and Non-Banking Institutions, Event Management Companies, Hospitality Companies etc. However, the challenge is obvious, one needs to extensively study and understand working of each Industry so that one have an insight of practical execution of business in such Industry or Sector, secondly since stakes are high in these commercial matters, therefore there is constant pressure to outperform the routine practitioners and one has to keep toiling, traversing and translating the strategies into court room success.
You’ve represented significant industrial houses and corporations in high-stake litigation and arbitration cases. Could you share a specific case or accomplishment that you consider particularly impactful or challenging in your career?
There is not one or two but rather 4-5 cases, each in different domain of law, wherein my legal mettle along with personal traits of being lawyer was put to test. Out of 5, I succeed in three but lost in two but all 5 cases, I consider as most challenging and which left long lasting affect in my career journey. These cases gave me learning for lifetime and helped me to meta morph into a seasoned lawyer. It is difficult to describe the entire experience in this short interview but in hint, I can say that one matter was an arbitration matter against a big Corporate giant of this Country being represented through battery of senior designated lawyers. But as luck could have it, my grit and determination finally prevailed and the Tribunal went by merit and not by the stature of either the Corporate House or the Sr. Counsel. Another matter was a matter against a Head of top Government Institution, who had entangled a female employee in her service matters ostensibly, whereas in reality it was a criminal matter having contour of POSH and other criminal element. This Officer was being defended by a Sr. Counsel, who was from a family of Judiciary and exuded aura and confidence. Though, we had initial success, however his aura prevailed in later part. Finally our persistence paid and fortunately after 4.5 years this person was booked by CBI and taken into custody but not before we had filed several cases before several forums in 3-4 years unshakingly, unperturbed and undeterred by initial setbacks. The third one relates to a case before CCI & COMPAT, which gave me my entry into corporate litigation and again this was example of purely Out of Box thinking, wherein, we took advantage of legal technical loopholes to save 18.5 crores of rupees and to buy time to properly strategise our bankruptcy filling before NCLT, Kolkata. These instances lead me to believe in the famous saying- ‘ A lawyer never looses- either He Wins or He Learns ! ‘
How do you approach the unique challenges presented by different clients and Industries?
The first and foremost thing, which I do, is to understand and identify the core issue/dispute involved in the given case and the mindset of client and his desired goal. Thereafter, I make a fresh & unorthodox approach towards finding all the possible legal remedies available for the client and devise strategies with precision taking holistic view of the matter to suit specific requirement of the client but at the same time ensuring that each step involving the dispute resolution is in sync with the legal requirements. Most of the time it requires – ‘Out of Box thinking’ and Risk taking. At times, it involves working beyond clock hours and travelling to different cities and interacting with people from different walk of life. To have a clear and succinct understanding of an event or case, I meticulously study each transactions or step involved till arising of the dispute and thereafter take a practical overview of working of that Industry or Office to get nuances and peep into intention of the person or parties behind such transaction or dispute. Once I am clear on this, I devise a multi- pronged strategy to tackle the issue effectively and efficiently. In accordance to the strategy, the steps are legally executed to get the intended result. So far it has given me success@85-90%. I do not believe in misleading a client or over stating before a client and therefore adopt a pragmatic approach towards the dispute resolution. I am a firm believer of settling dispute through ADR mechanism especially in commercial disputes and that also makes a client to trust my bonafide. In order to understand financial jargons, nuances and technicalities with more clarity and in order to empower myself with a knowledge, wherein I could not only answer to the Court Room queries but also to Board Room queries, I did Executive Program in Business Finance ( (EPBF)from Indian Institute of Management, Ahmedabad.
Given your rich experience, what advice would you offer to fresh law graduates who are about to embark on their legal careers? Are there specific skills or mindsets you believe are crucial for success in the legal profession?
Rather than advising, I shall prefer to share my experience which itself comprises of experiences of several associates of mine. Here, I would like to mention three things that I have learnt in the process. Firstly, during the initial phase of your career, give most of your time in learning the methodology of doing things, like how are the things being done. Understand the ecosystem in which we work. Learn and understand what is the ecosystem of the District Courts, the High Court, the Tribunal and the Supreme Court. Nobody can learn that ecosystem in such a short span of time therefore you need to have patience and perseverance and an undying attitude for exploring and learning. You need to understand what is registry, what is court master, what is cause list, what is the interplay of various officers in the court, what is the roster, how is filing done in registry, what is the defect curing technique, what is criteria for listing and how are matters listed and more. People think that every day when a case is listed, it is listed for the argument. No, it is not true. On a given day, a matter may be listed only for limited purpose of notice or for limited purpose of arguments or for a limited purpose of compliance. Therefore, we need to understand as to what is required for us to learn during formative years and than learn them effectively.
Secondly, as a law student or young lawyer, you should try to learn things other than the law itself. You need to read and understand polity, history, sociology, economics and finance but not in theoretical sense but the news part or the part of it actively influencing day to day life. You need to read news, you need to read technology. You need to read several other things more than the core law during these formative years.
Thirdly, as a law professional, your connections and relations with people from several walks of life help you in securing cases and to effectively tackle it. Thus you need to forge and curate your relationships and connections with outmost sincerity and caution during these formative years. Even today, I seek guidance and help from my seniors and my cordial relations with them have helped me a lot in advancement of my career.
In crux, I intend to say that litigation is not just about researching or presenting arguments before the Courts. There is some basic homework which as lawyer you do before arguing your case or presenting your case in the Court on a given date. Now those requisite skills cannot be learnt in the law school but only during your exposure with the Court Eco-system. Moot courts can definitely hone your researching and arguing skills but devoted internships and association as Junior Advocate with right mentor/ senior associate and your personal capacity to grasp things by observing and studying can help you take large strides. Mastering your drafting skills, client handling skills, communication skills and system management, makes you a wholesome lawyer. We, as established advocates always look up for competent juniors with good skills and traits. Learning law in the law school and its application in the real life court scenario with efficiency and effectiveness can help you become excellent litigation advocates of tomorrow. Learning the process and procedure is the key.
Devotion, perseverance and consistency along with right approach will make one sail through it. Ultimately, it is one’s own hard work and patience that pays. Keep on learning each day. Even as an established advocate, I still thrive to learn each day.
Pratiksha, it’s a pleasure to have you with us. Could you start by introducing yourself to our readers, giving a glimpse into your journey from law school to becoming an Advocate on Record at the Supreme Court of India?
I graduated from the Army Institute of Law in 2015. I began law school with the idea of venturing into the corporate/transaction side. However, during my early internships I realized that I enjoy litigation and foresee myself practicing in courts. This was largely because of the mentors I came across during the course of internships and, my senior and very close friend from college, Niyati Kohli who really encouraged me to pursue litigation.
I started my career at the chambers of Mr. Balaji Srinivasan, Advocate on Record where I got the opportunity of independently handling matters before the Supreme Court and a variety of other forums such as the TDSAT, NCLAT and the NCDRC. The professional guidance and moral support I got from Mr. Srinivasan helps me with my work even today. I must also mention that I had a wonderful set of colleagues at the chamber with whom a 7-day work week never felt burdensome.
Having worked at an AOR Chamber, appearing for the AOR exam had always been a priority. By the time I became eligible and appeared for the exam, I was at Khaitan & Co. Apart from everything else that goes for any other exam, appearing in the AOR examination also entails handling the pressure of the preparation process, alongside the responsibility of your regular practice. In my case, this entire process was relatively easier because my husband was also appearing for the exam the same year.
You’ve had an impressive career at Khaitan & Co. Can you share some pivotal moments or cases that shaped your journey and defined your focus in areas like IBC litigation, commercial and civil litigation, and arbitration?
I joined the Delhi Office of Khaitan & Co after completing 3 years at Mr. Srinivasan’s chamber. Thanks to the firm and my seniors, Mr. Diwakar Maheshwari and Mr. Karun Mehta, I have had the chance to work on some extremely challenging and nuanced propositions. I got to contribute to several high-stake IBC disputes almost immediately after joining the team. Over five years of working with the firm have given me the opportunity to interact with and represent a variety of clients. One of the most valuable lessons I have learnt is the importance of understanding the commercial objective behind a litigation and coming up with a solution to achieve the same.
My expertise in areas of IBC litigation, commercial and civil litigation, and arbitration, essentially came from the work that has come my way during my time at Khaitan and Co.
Your practice involves a wide array of legal areas, including IBC litigation, commercial and civil litigation, and arbitration. How do you manage to balance such diverse responsibilities, and do you have a favorite among these areas?
Irrespective of the subject matter, the way one approaches a case is largely the same. Having said that, the procedural law followed in an IBC proceeding, an arbitration and a civil suit is very different. The style and structure of the pleadings differ from fora to fora as well. For example, a plaint/arbitration claim is starkly different from a petition under IBC which is largely as per a prescribed form.
I work with an extremely competent team of lawyers and support staff from the firm. They make managing the volume and diversity of work much easier.
I do not have a particular favorite area of work. I enjoy the pressure that the stakes of an IBC proceeding inevitably brings. At the same time, I find the process of initiating a suit/arbitral claim and seeing it through to its logical end extremely fulfilling. The rush of adrenaline that follows a good cross-examination is unmatched. As I have said earlier, I have been fortunate to have been exposed to a gamut of work. I hope that the same continues in the future.
As someone who has represented clients in insolvency proceedings, could you share an interesting or challenging experience that stands out in your career so far?
IBC as a legislation has been extremely dynamic and fast-paced. There have been numerous cases where amendments to the law have been introduced having completely altered the course of a matter overnight.
Another great thing about working on a relatively new subject is that you get to test innovative propositions which have not been examined by the Courts before. I have found it extremely satisfying when arguments based solely on the reading of provisions of the IBC have been canvassed by us and accepted by the Court. The chance to contribute to the development of new jurisprudence in this manner has been both – the most challenging and the most fulfilling experience in my career thus far.
Looking ahead, what are your aspirations for the future, both professionally and personally? Are there specific areas of law or causes that you are passionate about and would like to contribute to in the coming years?
Professionally, I hope to be able to continue doing good work and turn out as a well – rounded and reliable professional for my clients. Having worked on the commercial side for 7 and a half years, I hope to be able to make time for taking up pro-bono assignments in the future and to be able to somehow contribute to society.
On the personal front, it has always been an endeavor to maintain the right work-life balance and make time to pursue some hobbies outside work.
Beyond your legal pursuits, do you have any personal interests or hobbies that play a role in maintaining a work-life balance? How do you manage the demands of a challenging legal career while nurturing personal well-being?
I have always enjoyed participating in physical activities such as swimming, running, boxing etc. I believe that taking care of your physical health, in a way, helps you also take care of your mental health. Setting aside, a few hours in the morning before work for exercise helps me decompress and prepare for the day.
For aspiring lawyers entering the field, given the competitive environment and long working hours what advice would you offer?
There are no shortcuts in this profession. It is extremely important to keep your head down and continue working hard at every stage of your career. Given that we spend most of our time around people we work with, it is essential to be inclusive and have a good equation with colleagues. Like I mentioned earlier, having a good team around you effectively reduces the stress of the long hours one has to put in.
Sir, can you share with our listeners how your journey into the field of law began? What inspired you to pursue a career in law, and how did your early experiences shape your decision to become an Advocate on Record?
When I completed my law in the year 2023 I had decided to pursue my career as a lawyer so initially I started my practice from the Lucknow bench of the Allahabad high court in 2003 till 2006. After that in July 2005 I joined the chambers of senior Advocate late Shri R K Jain. To start your career in the field of law one has to have a good senior who acts as a mentor. Learning law is also similar to learning about life. If one has to practice in the Supreme Court, a lot of dedication is required.
Having completed your B.A LL.B (Hons.) from Aligarh Muslim University, could you highlight any specific aspects of your education that you believe significantly contributed to your success as an advocate? What motivated you to enroll in the Bar Council of Uttar Pradesh?
In order to practice law a student has to work on certain subjects such as IPC CPC CrPC, Evidence Act etc but most importantly one has to thoroughly read a newspaper. The law page is the most important. The availability of a large number of cases and overload on judiciary motivated me to enroll in the Bar Council.
You started your practice as an advocate in the High Court of Delhi and the Supreme Court of India. Can you share some memorable experiences from your early years, including the types of cases you handled and any significant challenges you faced?
To practice in Delhi High Court and the Supreme Court one has to be punctual and secondly good command over English language. As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage. I have a lot of experience in civil cases because of the interest. The challenges include adapting with the new age technology and striving for perfection with each amendment.
Your profile mentions handling matters in various domains, such as criminal, service, civil, and constitutional law. How did you navigate the diverse legal landscape, and were there specific cases or areas that you found particularly intriguing or challenging?
It is never easy to choose a particular field. In my case, I was fortunate enough to gain experience in diverse types of laws and ultimately, I understood that all of them are equally important. As far as the challenges are concerned, civil law as well as criminal law pose a lot of challenges in college years.
You’ve worked with notable legal figures such as Late Mr. R.K. Jain and Mr. P.C. Hota, as well as with organizations like the Yash Birla Group and Karims Mughlai Foods. How did these collaborations influence your professional growth, and what lessons did you learn from working with such experienced individuals and entities?
All of them have had a great impact on my overall development. Professional growth is a slow and steady process, and it would be wrong to give all the credit to just one organisation. We keep learning through the way. The only lesson that keeps me going is that nothing in life comes easy, irrespective of the field of law chosen.
Your work experience includes associations with companies like Lemon Entertainment Ltd. and Shambhu Technology Services P. Ltd. Could you share insights into how your legal expertise was applied in the corporate context, and what unique challenges did you encounter in these roles?
Corporate law offers a plethora of opportunities. When I started practicing, it was never a goal to become a corporate lawyer. Based on the opportunity, I learned a lot about Contracts and other aspects of corporate law. As such, there have been no unique challenges but deep learning all the while. I then apply the learning in upcoming cases to solve them in a more comprehensive manner.
You’ve appeared in various tribunals, including the Central Administrative Tribunal and National Green Tribunal. How does advocacy in these forums differ from traditional court settings, and what skills do you consider crucial for success in specialized tribunals?
Contrary to popular opinion, the nature of work remains the same. It is just that the tribunals have a more streamlined process and the cases are disposed of quite expeditiously. Critical thinking skills will help in the long run, for people who wish to pursue a career on this path.
Drawing from your experiences and achievements, what advice would you give to law graduates who are just starting their careers? Are there particular principles or strategies that you believe are essential for success in the legal profession?
Everyone has their own fields of interest. My only advice would be to give your 200% in everything, even in petty cases. It will shape you as a lawyer and definitely make you a better thinker. There are no particular principles, since law is not just a subject but a way of life. All law graduates should try to imbibe everything they hear about the latest laws, for a successful career in any aspect.
Can you share your journey into the field of law and what motivated you to pursue a career in this field, including your experience at the National University of Juridical Sciences (NUJS)?
I would say ‘Law’ happened by chance and it was not that I had planned for it for long. During Class 12, my parents came to know of law as a career from a friend of theirs. Once I started preparing for CLAT, the subjects that were offered grew on me, especially the sections on logical reasoning and current affairs. I enjoyed the preparations and was able to crack the exam that led me to my second home i.e. the City of Kolkata for the next five years. My parents were a constant source of encouragement during the preps. The only distant pre-existing link in my family with the field of law that I can think of is that my grandfather had been an Additional District Magistrate in the Bihar Civil Services.
Being at NUJS was an experience to cherish. For the first time I came into contact with peers from across the country. The different languages, foods, habits, it was an in-depth lesson in learning about the diversity of India. It was not too hard to make friends, as I was always an ardent participant in different extracurricular activities. There was a thriving atmosphere of Sports, Cultural events in college apart from moots and debates that developed the competitive spirit in all of us. NUJS was also popular in hosting the largest sports fest among law schools “INVICTA”. I had the honour of leading the fest in my 4th year as Convenor which also instilled a sense of leadership, and also won a national level moot court competition. These qualities did come in handy at the time of branching out with my independent practice.
As a first-generation advocate, can you describe the early years of your career? What were some of the challenges you faced, and how did you overcome them?
The early years as an independent litigator were certainly challenging. There would be days when I would have no briefs in hand and I would wonder whether I took the right call to branch out this early (merely 2 years into my career). However, whenever you sense the overwhelming cloud of despair, every time there does emanate a beacon of hope from somewhere or the other which consolidates your belief to keep going further, into the path of uncertainty you’ve chosen. That beacon of hope may be from an entrepreneur friend who was looking for a lawyer to his start up, or the relative who had familial property issues to sort, or the acquaintance looking for advice on a will. The only way to overcome these initial challenges, in my experience, is to keep networking, and meet new circles of people. Social gatherings are also a healthy way to make new clientele, who knows what’s on the mind of a fellow invitee looking for quick and free legal advice!
For the initial two years after college, I had worked with a college senior of mine Mr. Ankur Sood, Advocate on Record. His office helped me inculcate nuanced drafting skills and the filing processes / preparation of a Petition thanks to his highly experienced clerk Sajid Ji, who would take me along to the various court registries to help me get a wind of what goes on behind the scenes of the glamour of the courtroom, and what all it takes to finally place a Petition on the Hon’ble Judge’s desk.
Your work spans a wide range of legal areas, from civil and criminal cases to intellectual property and arbitration. Could you share a few memorable cases or experiences from your career that have had a significant impact on you?
I would say that being part of the Delhi Legal Aid Services (DLSA) initially at Saket District Court and handling cases as a ‘Legal Aid Counsel (LAC)’ for economically weaker litigants in the initial years in a way shaped me as an Advocate and emboldened my commitment towards the profession. The glee and the gratitude in the eyes of mothers on being told that their son had been acquitted or had got bail was very gratifying. Obtaining orders for domestic violence victims being awarded interim maintenance was also equally pleasing. It made me realize the social importance of our profession, and the impact it can have on the lives of thousands, that the long helping hand of law is not too far from any person in our society.
Obtaining a John Doe order for a multinational publishing house in the initial years from the Hon’ble Delhi High Court followed by raids on the infringing publishers at Daryaganj was my first brace with big ticket litigation and a memorable learning curve.
During the Covid pandemic, there was this huge controversy about reduction in school fees as no physical classes were being held. I was approached by an Association of 250 ISC / ICSE Schools from West Bengal for obtaining relief from Supreme Court as Calcutta High Court had passed an adverse order directing the schools to charge only tuition fees, which was impractical as schools also had to pay salaries, other running expenses for the upkeep of their infrastructure. The High Court had also ordered for showing of schools’ balance sheets and appointed a committee composed of the Petitioners’ Advocate to address grievances of parents. The controversy was fostered owing to an absence of a fee regulatory body in West Bengal. We were faced with an onerous 3 judge bench in the Supreme Court with Justice MR Shah on it. However, we managed to obtain a stay order from SC, and for the next 12 months were a roller coaster of a journey dealing with an unpredictable bench of the Calcutta High Court which was passing contradictory directions at every hearing date at a frequency of 2-3 months. I also had to make frequent trips to Calcutta to attend the Court-appointed Local Commissioners’ hearings on behalf of the school management. Ultimately the Supreme Court gave a quietus to the issue as Covid had passed and all the directions were kept restricted to the Covid years alone.
During my tenure as a Counsel for the Union of India I appeared for the Department of Atomic Energy before the Appellate Tribunal for Electricity (APTEL) at New Delhi. The matter pertained to a demand of Rs. 289.59 Crores under the head “Grid Support Charges’ ‘ made by Govt of Telangana. After hearing arguments, the Hon’ble Tribunal was pleased to stay the said demand in favour of the Union of India holding that under Section 184 of the Electricity Act, 2003 exempted the Ministry or Department of the Central Government dealing with Defence and Atomic Energy from applicability of the Act.
You’ve represented various Central Government Departments and have extensive experience in litigation. How has your role as Senior Panel Counsel for the Union of India shaped your legal practice?
Being on the prestigious Senior Panel representing the Union of India has thrown open the window of opportunity to appear before the Delhi High Court on a daily basis before different benches. It adds to the sheer volume of briefs that you prepare for on an everyday basis and a rich experience to shape your future career. Each brief brings with it an unique point for consideration and the high stakes that come along with it. As a counsel holding a brief for the Union of India, you are expected to be on top of your game day in day out. The Hon’ble Judges expect you to be fair and well prepared as every new Petition on the Supplementary List starts with a Stay Application to oppose and the Government’s action to defend! Thus, one cannot afford to take any brief lightly. Usually, the new matters are marked to the Govt. Counsels the evening before, thus we only get that evening and next morning to take instructions from the respective Department and gear up for the admission hearing. It is thrilling, greatly satisfying and a big honour.
During the day in Court, we get to rub shoulders with Senior Advocates on the other side that adds to the challenge and gives you an added motivation to go to Court with your best prep forward. The sheer diversity of matters moulds one’s skill sets, one day it can be a Service Matter involving Promotion or Pension, on another day it may be Section 34 Challenge to an Arbitral Award, same day there may be a final hearing listed for a Miscellaneous Writ, on some days Tender matters, on some LPAs and Appeals against Tribunal decisions etc. Our younger crop of Panel Counsels also get enriched by the constant motivation and encouragement of our Seniors and Standing Counsels as well as Ld. ASG Sir who we keep crossing along the corridors of Delhi High Court and learning from their vast experiences.
You’ve been empaneled with organizations like GAIL (India) Limited, Delhi Development Authority (DDA), Council for the Indian School Certificate Examination (CISCE) and the Enforcement Directorate (E.D.). Can you discuss the importance of these empanelments and how they have contributed to your professional growth?
One must realise that empanelments are only a push to give you volume of work, which you are eligible for only after 4-5 years into your practice. The initial years preceding that eligibility period you have to really grind it out. I would say that is the gestation period. Empanelments help you get a good grip on a specific type of subject area, and some empanelments with retainers ensure a fixed income per month securing you financially. But you need to keep performing and maintain the standards otherwise someone else will take your place.
How has Becoming an Advocate on Record further helped diversify your practice?
It has given a foot in the door for establishing an independent Supreme Court Practice. Not that I have not been working on Supreme Court matters earlier. Thanks to my college senior Mr. Kunal Chatterji, AOR who had given me a volume of Supreme Court drafting to do in my initial years when I had branched out independently. His clerk Sukanta Ji also taught me the nuances of SC Filing Procedures, I will be forever grateful to them. Becoming AOR is one thing, but getting those AOR briefs for filing is the second step that follows. For this, it is important to carve out a network of lawyer colleagues from different states who can send you those SLPs, Civil Appeals and Transfer Petitioners. During our first orientation organized by the Supreme Court Advocates on Record Examination (SCAORA), Justice Sanjay Krishan Kaul who had himself been a AOR gave us all a golden advice to not be merely postmen but to read and give finishing touches to drafts that came our way so that the knowledge gained during the AOR Exam preps can be put to good practical use. Justice Kaul advised us to refrain from filing Petitions without reading them which holds good in today’s times.
You have also been involved with certain matters of political nature. Could you throw some light on them and their professional benefits?
I would say these are our social responsibilities. In the aftermath of the West Bengal Vidhan Sabha Elections of the year 2021, there was large-scale violence that broke out targeting the members, workers, voters of the Bharatiya Janata Party (BJP) who had voted / campaigned against the ruling Trinamool Congress (TMC). As soon as the results were declared, there were murders, loot, arson, and even gang rapes. Although the State of West Bengal has a history of bloody elections and many would declare such violence to be ‘normal’, however at some point of time that ‘normalcy’ must be questioned. In all other States elections are held peacefully, then why an aberration in only this one State. I was part of the team that appeared for the victims in the Hon’ble Supreme Court and Hon’ble Calcutta High Court. I would put in all nighters to draw up the pleadings explaining the gruesome incidents and plight of the families. Finally, the Calcutta High Court ordered a CBI probe into the various incidents.
Earlier this year, after the Municipal Corporation of Delhi (MCD) elections and appointment of a new Mayor in Delhi there were separate elections held for the 6 positions of the MCD Standing Committee which is voted by Councillors. Owing to a fracas in the house and expecting an unfavourable outcome, the Mayor who was a Councillor elected on an Aam Aadmi Party (AAP) ticket cancelled the elections and ordered re-elections even though the process had been completed and only results were left to be declared. The Hon’ble Delhi High Court declared the Mayor’s action to be illegal and directed pronouncement of the results immediately.
Being involved with political matters provides one a hand to work for the betterment of our systems and appear for MPs, MLAs and various leaders of the said political party. It gives one a platform to interact with such elected representatives and public personalities to learn from their world view, perspectives. Moreover, such matters often attract a lot of media attention and it thus gives one an additional edge and experience of regularly appearing in such media-friendly ‘high profile’ matters. I also have had the opportunity of assisting the BJP during election cycles, both at the National and State levels pertaining to Election Commission compliances which has helped cultivate different kinds of skill sets.
Finally, as someone who has built a successful legal career with diverse experiences, what advice would you like to give to fresh graduates who are entering the legal profession today and aspire to make a meaningful impact?
Foremost takeaway from what I have experienced, is to be patient and not be in too much of a rush. Yes, be ambitious but be practical as well. It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either. The race is long and lawyers don’t retire. If one is sincere, dedicated and hard working, rewards will come, even if not today then certainly in the next few years down the line. What is essential however is to have in place a working culture and a disciplined lifestyle. Those abashed college years are over, in the real world a lot more is riding on every brief and your every appearance than just a few marks of a moot court competition!
Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
Could you please take us back to the beginning and share with us, what inspired you to pursue your career in law, especially in criminal law litigation and that too in Delhi only, despite having no law background in your family?
I always wanted to do something different from what my family had been doing for decades i.e. a private business in Jammu. I always found law to be more fascinating and enthralling versus my family business. During my school days, I developed a special inclination towards becoming a lawyer, though there was no specific trigger for the same, and it was just a feeling, which gradually turned into an ambition, with time. When I discussed my aspirations with my peers, most of them initially advised me, in good faith, that as I had a good hold on science subjects, I should opt for courses like engineering, finance, etc, instead of law. But, with my family support, after completing my higher secondary education, in 2006, I got myself enrolled into a 5-year law course at Fergusson Law College, Pune.
During my undergrad, I made sure that I do plenty of internships in diverse fields of law, including civil, criminal, corporate, etc., at Delhi, which gave me practical insights into the legal profession. But even then, I was very confused as to which field I should initially pursue after graduating from law college. However, I vividly remember that during one of my internships with one of the renowned human rights NGOs in Delhi, I met a few people who claimed themselves to have been falsely implicated in criminal cases. I recall meeting the mother of a 23-year-old guy, who was incarcerated for almost four-years in an alleged cheating indictment punishable u/s. 420 IPC, and his matter had not even reached the stage of prosecution evidence and on account of his financial condition, he apparently had not even filed any bail application. I was deeply pained to listen to her agony. I assisted the office, where I was interning at that time, in drafting a bail application for her son, which ultimately came to be allowed and he was released. I remember, whilst I was present in court when the said bail was being argued, I was itching to argue it myself only. The said case is still fresh in my mind, it was one of those incidents that further catapulted me to pursue my career as a criminal defence lawyer.
Choosing Delhi instead of my hometown i.e. Jammu, as the place of my practice, was a very difficult decision, even emotionally, as I was here all by myself and my kith and kin were in Jammu. But after my internships’ experiences in Delhi, I was very clear in my mind that I want to practice in Delhi only. I feel that here in Delhi, the professionalism and talent are quite high and it always keeps you on your toes and forges the best out of you, which I personally relish.
What challenges did you face, in the initial few years of finding your feet in the field of litigation, as a fresher?
‘Challenge’ is just another name for ‘life’. After I graduated, I was pretty clear in my mind that I wanted to primarily pursue criminal law litigation only but the question was, “inwhich office?”. I had minimal contacts in Delhi as I hailed from Jammu and even my graduation was from Pune, so I had close to zero options. There almost came a point when, instead of joining a criminal law litigation office, I almost decided to join a corporate law firm, where I was very hopeful of getting a job, on account of my past performances there during my internships in the said firm. Just at that point of inflection, I received a confirmation from an office to join them, where there were umpteen criminal law matters, besides civil law matters. I joined the same, instead of that corporate law firm. But the remuneration was another challenge, especially on account of the fact that Delhi was not my hometown and as we all know, it’s an expensive place to live. But I somehow managed to survive without thinking much about the remuneration aspect and continued to focus on the exposure I was getting not only in criminal law but also in other fields like civil law, arbitration, etc. As for me, ’exposure’ was far more important than the ’monetary aspect’.
Another challenge that I remember facing in my initial days, almost daily, was how to effectively assist my seniors without getting scolded, not only in preparing brief notes, and basic drafts but also in providing them with appropriate research to bolster his arguments. Initially, there used to be mistakes, which gradually reduced with the passage of time leading to a point where my senior did not even have to vet my drafts, research work, brief notes, etc. I remember, within the initial months of my first job, while drafting a petition, on behalf of an accused, which had to be filed before the Hon’ble Delhi High Court against an Order on charge passed by a Ld. Session’s Court in a dowry death case, I drafted a criminal writ petition instead of a criminal revision petition. When I showed that draft to my senior, he was infuriated and straightaway pressed ‘Ctrl+A & Delete’ and told me to first find out the remedy against an order on charge and then get back to him with the correct petition. Even today, when I draft a petition against a Charge Order, that incident brings a smile to my face.
If we turn the clock back to 2011, when you were learning the ropes of criminal law litigation while working on a very basic salary, did you ever feel dissuaded from the idea of pursuing criminal law litigation when you saw your friends making a much higher amount practising corporate law or doing govt. job?
Not really. My clarity of thought was my strength. I was very content with what I was doing and as I stated above, for me, exposure was far more precious than remuneration. When my counterparts, who were getting much higher salaries, used to call me to seek my advice on various legal propositions, they had no clue of, it used to give me immense satisfaction, which was unmatchable and incomparable to any amount of salary. I was very clear that no matter what, I will pursue primarily criminal law litigation only, which is my forte. Today, those very people, who used to advise me to go for higher paying jobs (regardless of how the exposure was), come to me and tell me that my approach was indeed better than theirs. It reaffirms my conviction in myself.
Being a 1st-generation lawyer from Jammu practising primarily in Delhi courts, you have certainly carved out a niche for yourself. But are there any challenges you face even today, despite being an established criminal law practitioner?
After I started my independent practice, the biggest challenge I faced was to develop a good client base for me. Despite the fact that I, being an out-stationed lawyer, did not have any close friends/ relatives/ contacts in Delhi, who could send some good references to help my practice and my self-respect never allowed me to go to anybody’s office to ask for work, so getting clients initially was quite a task.
But then, I, alongside some senior counsels, secured an acquittal for the Talwar couple in the high-profile & widely covered ‘Aarushi Hemraj Double Murder Case’ from the Hon’ble Allahabad High Court, which gave me considerable media attention being a prominent part of the legal defence team. This success not only helped me in developing my legal practice in the beginning but it also gave me a lot of self-confidence and belief that I was definitely not wrong in choosing criminal law litigation as my career. However, even today, clientele development is an area where I still consider myself to be a ‘fresher’. “You can’t show your talent to a client unless he first engages you as his lawyer”, for which references are vital and, in my opinion, even various other far more talented lawyers face this challenge.
Another major hurdle that I faced initially was to build a good team of lawyers on whom I could rely, as in litigation, stakes are always very high and one petty mistake can really turn the tables, which can deeply affect your association with the client and his case as well. I remember, once, I was occupied in one court arguing a bail application and had told one of my younger colleagues to seek a passover in the other matter which was a criminal complaint listed before a different court, however, my colleague did not reach on time and the said complaint was dismissed on account of non-prosecution. I still remember the embarrassment when I told my client about it. One thing I have always been very particular about is that there can be no explanation/excuse for coming late to the court.
Even today, one query that I often come across from various people is, “How can you defend an alleged rapist, murderer, etc?”, and they sometimes even judge you on that basis. It often gets very difficult to make them understand the difference between your professional duties and personal beliefs. However, I always tell them that one should not judge someone until the judicial procedure is taken to its logical conclusion and that everyone has a fundamental right to be represented by a lawyer of his choice. I still remember, it was 2018, I secured an acquittal from the Hon’ble Delhi High Court in a rape indictment involving a visually challenged prosecutrix, and when I shared the news with a friend, he said “What are you so proud of?” and I immediately hung up the call. These sorts of challenges have become part and parcel of my journey, and I have reached a point where I don’t really become impassive about what others think of it. I am sure that after reading this particular anecdote, even some of the readers might be looking at it critically, but like I always say to my younger colleagues, “Becoming a faujdari vakil is no cake-walk, especially when you are an out stationed and 1st-generation lawyer and one should take such things as part and parcel of our esteemed profession”.
Could you tell us about any key experiences or moments whilst you were representing clients in any criminal law matter, be it a white-collar crime or a heinous crime or any other legal matter, including some anecdotes from your extensive experience of cross-examinations?
Though, there are so many highlights which are still very fresh in my mind. But some of the most memorable moments are:
Once, I got the opportunity to argue a petition against an order of charge before the Hon’ble Delhi High Court when I was still a newbie in the profession. My god! I was bombarded with various queries by the Hon’ble Court like “Have you read this judgment i.e. against your contentions…?” to which I immediately reverted “Yes, my lord, I am carrying a printout of the same also and it is completely distinguishable from my case and my apologies that I didn’t bring it up earlier”, and then I argued as to how the said judgment was not applicable to my case. I thoroughly remember, after I concluded my arguments, I was told by a very senior lawyer, who was also present in the courtroom, “Your presentation today was better than a 10-year experienced lawyer”.
I was cross-examining a witness on behalf of the defence in an alleged rape indictment, and after my lengthy cross-examination running into various pages, the witness started crying in the middle of the court. The witness was none other than the Investigating officer of the case and was a very senior and experienced police official. When the Hon’ble Court asked the witness why is she crying, I still remember her answer given by her,“mjhe wakil sahab ke cross se bahut dar lag raha hai aur mujhe lag raha hai ki kahin vo meri naukari na khaa jaye”. The attempt on my part was to show that the entire investigation was shoddy and biased leading to false implication of my client. Thereafter, the matter was adjourned on account of the same and finally, my client was acquitted in the said case, though obviously not on this ground but on the merits of the case.
Another case I remember clearly is when I got the privilege to cross-examine a witness at Kolkata, who was a very renowned Indian cricketer and had also been the Captain of the Indian men’s cricket team for a significant number of years. I was very confident rather overconfident that I would be able to demolish the testimony of the witness to corroborate the version of my client through the art of cross-examination, as he might not be very well-versed with the intricacies of the art of cross-examination, being a very renowned personality. However, within a few minutes of my cross-examination, I realised that I was being very overconfident and my perception was misplaced and that if I don’t improvise and change my line of cross-examination, I would achieve nothing. Accordingly, instead of continuing with an aggressive style of cross-examination, I switched to a very polite & subtle style, which is usually not my way, and finally, I could see the tides turning in favour of my client.
I recall that once, I had to argue one application on behalf of an old lady who was accused in a builder-buyer dispute, but somehow on account of my prior engagement in some other matter, by the time I reached the Court, the application had already been dismissed. Though, I had already told the client before getting engaged that I might not be able to reach court on time on account of my prior engagement in some other matter, and in that event, their lawyer on-record should argue the application. However, when I reached the courtroom, the client insisted that I should request the court to re-hear the application, to which I had my reservations. However, as the stakes were very high and the client was repeatedly insisting, I thought of at least making an attempt for the client and accordingly requested the Hon’ble Court to take up the case file again, to which I was initially reprimanded and rightly so. However, on my polite persistence and some theatrics, the matter was taken up again and the Hon’ble Court heard my arguments for about an hour. It was a one-of-a-kind incident because the Hon’ble Court had already dictated the order but as they say, “luck favours the brave”. Though, the fate of the application remained the same, but the client’s words after the proceeding’s conclusion, still echo in my mind, when she said, ‘You will go a long way beta and, irrespective of the outcome of the application, I am most grateful to you for what you did today for me’.
Another case that I still remember is when, I besides other counsels, had to go to All India Institute of Medical Sciences (AIIMS), New Delhi, to cross-examine the prosecutrix in an alleged rape indictment, where a special court had been set-up for 3-days inside the hospital premises itself, upon the orders of the Ld. Trial Court. When we used to enter the hospital in our lawyers’ uniform surrounded by full security, commoners used to be totally astounded and shocked as to how come lawyers and the Hon’ble judge are conducting trials inside the hospital. During the lunch break when we used to have lunch in the common canteen, a lot of people used to come to me and ask “Why is the trial being held in the hospital premises instead of the court complex and which case is this?” and the only answer I could give them was “we are just rendering our professional duties”. The intense atmosphere of those 3-days still feels like yesterday.
Your portfolio features an impressive array of high-profile cases, including representing Dr. Rajesh and Dr. Nupur Talwar in the ‘Aarushi Talwar – Hemraj Double Murders’ case or ‘Delhi Liquor Excise case’ or ‘the riots case in Panchkula’ or ‘Unnao rape case’? Do you adopt a different strategy for a high-profile case than that of a routine case?
For me, every case is equally important and I try my level best to do justice with every brief irrespective of the fact that whether it’s a high-profile case or otherwise. It doesn’t matter how much coverage a case is getting in the media as I like to prepare my brief on the basis of the documents and the instructions and not by what’s happening in the media. However, I must admit that media-covered cases are more difficult to defend as everybody is on their toes and one small mistake can really put you in a bad light. But if you are confident in your preparation then ultimately, you will not be swayed by any outside attention.
I remember in my initial days I was requested to defend a pro-bono murder case for an accused who had come to me through his very aged father from a rural background who could hardly make ends meet. He wanted to engage me after seeing my arguments in some cases when he was standing in the same courtroom waiting for his son’s case and wanted me to lead the case of his son. I took up the challenge and never charged a penny to them and even bore basic expenses for the case all by myself, as I was deeply moved by the agony of the old father according to whom his son had been falsely implicated. To be very honest, I was also very excited to know that I would get to cross-examine various witnesses in a murder case all by myself, which was running into more than 70 witnesses. The said case got over somewhere in the year 2015 and amongst other accused persons, my client was the only one to be acquitted of the murder charges. It was this case that actually made me learn the nitty-gritty of cross-examination in the initial years of practice. I still remember, that after I secured an acquittal in the said case, the old father while gifting me three cartons of mangoes, said, “main apko aashirwaad ke ilawa yeh hi de sakta hun, vakil babu” and he hugged me and left. Though, despite securing an acquittal for the accused, the accused never came to meet me even once, which over a period of time, I learnt to be a part & parcel of our profession. I still keep that judgment in my drawer as a souvenir as a self-claimed achievement of mine. But yes, it still gives me a lot of confidence and perseverance to wade forward in this ever-demanding and highly challenging profession.
Though, in white-collar crimes, usually, the prosecution complaints, relied-upon documents, digital evidence, etc. collectively run into thousands of pages, unlike heinous crime cases, and if you are comparatively a young counsel, you will be often asked to brief designated Senior Advocates in such matters. Therefore, in such matters, I ensure that I make a detailed list of dates & events and brief notes for the cases so that you don’t have to rummage through thousands of pages every time and the task gets easier whenever you have to address arguments or brief a Senior in such cases.
Therefore, if you have worked hard on your brief, irrespective of the nature of the case, you can really change the outcome. I feel that if you have built up a strong defence in the trial court, wherein the art of cross-examination is the best weapon in the hands of a defence lawyer, you can really give the prosecution a run for its money.
In the realm of corporate litigation, you argued one of the most landmark cases titled “BK Educational Services Pvt. Ltd vs. Parag Gupta Associates” before the Hon’ble Supreme Court of India. How was the experience in arguing such an important case?
The experience was very exciting and challenging. I was not conversant with the subject as the matter pertained to the provisions of The Insolvency and Bankruptcy Code, 2016. However, after I did thorough research and study on the subject, I was very excited to argue such a one-of-its-kind case. I still remember, after arguing for 2 days straight before the Hon’ble Supreme Court, I was feeling on top of the world, as the entire day I got quite a few phone calls from some lawyers who saw my arguments that day. I still remember one of them asking me, “Why don’t you shift your entire practice exclusively to the Supreme Court”, to which I humbly replied, “Sir, it’s definitely not my choice to make and it all depends on the client that engages me.”.
Do you ever get nervous when you are cross-examining, as the stakes in the same are extremely high, and the odds are desperately stacked against you and a minor mistake can deliver a permanent fatal blow to the client’s case?
Definitely not. I can’t recall a single day when I would have gone unprepared for a cross-examination. Rather, I feel absolutely thrilled to test my skills. I feel that your job as a criminal defence lawyer is like that of a cricketer as, no matter how well you have performed in the past, if you fail on a particular day, your entire case can go for a toss. One bad cross-examination can cause irretrievable damage to your client, so if you are nervous, that’s perfectly fine, but your nervousness should never be able to overpower your confidence and the rigour of your preparation. It’s very important to know what NOT to ask a witness in a cross-examination, as sometimes, unnecessary questions in a cross-examination can cause more harm than good to the case.
In your 12 years of experience, when is the right time when one may consider before going independent as a criminal law practitioner?
There is no hard-and-fast rule to it. It is quite subjective but I feel before going independent, one should definitely have a few years of experience at district courts, so that one can also learn the art of examination and cross-examination. The stage of evidence is very crucial for a criminal defence lawyer because, unlike civil law, the concept of filing a plaint, written statement and replication is not there and the cases are decided on the basis of the chargesheet, examination-in-chief, cross-examination, statement of accused recorded u/s. 313 CrPC, documents on-record, etc.
I would also suggest that even if you want to pursue your career as a criminal defence lawyer only, you should also have some experience of civil law because the drafting work is more in civil law as compared to criminal law and it enhances your drafting skills if you have also laid your hands in civil cases. For example, if you are, as an independent criminal lawyer, engaged to draft a petition to be filed before the Hon’ble High Court or Supreme Court and your drafting skills are not up to the mark, it can be very problematic. Therefore, having a blend of experience of a few years, in both civil and criminal litigation at the district court level as well as higher courts, would be an ideal situation. But it doesn’t mean that those who don’t get such a chance cannot be good criminal defence lawyers as you can also choose to argue cases directly before the higher courts and still do justice with your work.
Your journey in the legal field has undoubtedly been filled with challenges and accomplishments. Considering your vast experience, what advice would you give to freshly graduated lawyers?
It’s a tough one! I would say that patience, hard work, sacrifice and perseverance are the basic qualities one must inculcate from day one. You should choose a field which you genuinely enjoy practicing. To be very honest, I love practising criminal law litigation as it’s my passion and I don’t even remember the day when I got this crazy about my career and I love it when I am called a “faujdari vakil”. Though, when I think of my college days, I was not even certain if I would actually practice law after completing my graduation or I would end up joining my family business only. But as the days passed by, I became more and more motivated and passionate towards my career.
So, don’t get swayed away by extraneous considerations and short-term monetary benefits, but one should strive towards her/his long-term goal, which can happen only after putting in a few years of practice.
One should be ready to burn the midnight oil and make sacrifices for holidays for at least 3-4 years. Undergo training with full honesty and dedication towards her/his work. Because, remember, whatever you are doing today, even as a younger colleague or a senior, it would ultimately reap benefits for you only in the long run.
Adopting unethical shortcuts for lucrative monetary benefits should never be done and you should have a firm belief in your abilities, while also being practical at the same time.
I have seen that sometimes new-grads are more eager to work only on higher-profile cases than on ordinary cases, which approach, I would advise, should not be adopted.
In your initial days, you must read case files inside-out, try to have a good grip on facts of the case.
Don’t get afraid of voluminous files.
Try to make a chronological list of dates and events and also whatever petition/ application you are assigned to draft.
Try to read as many judgments as possible.
I know it’s quite a task to do all these things, but at the end of the day, like I said above, litigation is not a cake walk and no matter who you are, if you want to be a successful lawyer, realistically speaking, be ready to face the heat and yet continue to believe in yourself! I know, initially, you may have bad days at work and you will be reprimanded for your inadvertent mistakes, but when you will perform well and will be told “very well argued Mr. Counsel”, you will be on cloud nine and you will be even more fueled to continue your journey. There will come a time, when after concluding your arguments, you will be walking out of the courtroom and every other person will be asking for your visiting card and that day you will be extremely proud of yourself and would give you more boost to continue doing what you are doing. I am confident that if it can happen with a below-average lawyer like me (as against being termed as an “established” criminal law practitioner in this interview), then I am sure that the future holds much, much, much better for you!
Ma’am, please tell us about your educational background and how you ended up pursuing law? What motivated you to choose this career path?
Prior to joining law school, my educational trajectory was fairly linear-small town CBSE schooling. I am a first generation lawyer. I decided to become a lawyer when I was just 13 years old. It was largely borne out of the urge to depart from the trend of making the stereotypical choices of either becoming an engineer or a doctor. Some of the credit also goes to the copious amounts of legal fiction which I read at that time. However, all these years later, for entirely different reasons, the decision to become a lawyer seems more correct than ever.
You have an impressive work experience, ranging from independent practice to working at various prestigious offices. How did your journey progress from your early career to where you are now?
The seeds of my litigation career were sown through my law school internships where I first learnt grasping legal propositions and delivering accurate legal research. Then, as a lawyer, being the youngest member of the team, executing the smallest of tasks with responsibility became a priority. Reading my corrected drafts several times to understand the shortfalls was a practice which has stood me in good stead. With time my drafts have evolved. As the years passed, my approach shifted from finding the correct law to finding the optimum solution for the client. The sweetest part came around the 5th year of my practice, when I started arguing before the Hon’ble High Court of Delhi. What seemed overwhelming in the beginning, slowly became thrilling and enjoyable. The feeling of having conveyed my case satisfactorily across the bar, is by far the most gratifying feeling for me; irrespective of the win or loss that follows.
During your stint at the Office of Ms. Rukhmini S. Bobde, you handled criminal matters and intellectual property disputes, among others. How did these experiences contribute to your growth as a legal professional?
Litigation is a nuanced craft. Working with Ms. Bobde, first as an intern and then as a lawyer has helped me immensely. Crystal clear instructions and adherence to professional practices have been a good primer for me. For example, one can never expect a hassle free briefing session with her without having read the brief cover to cover. Similarly, remaining poised and attentive even in high pressure situations during court hearings is a core part of her arguing style which I have been able to imbibe. The best part about working with her has been her inclusive way of teaching me. She would always ask my opinion about the possible outcome of a hearing or about the starting point of an argument. The deliberation that follows has taught me the difference between arguing a fresh matter for admission before the Hon’ble Supreme Court and addressing final arguments before an Arbitral Tribunal. In the former, identifying and pitching the best point of a case becomes cardinal. While in the latter, being lucid while marshalling facts is a must.
Your work experience at various law firms involved handling cases related to environmental matters, infrastructure disputes and mining regulations. How did you navigate through these complex and diverse legal areas?
Every new kind of dispute poses a two-fold challenge. The first is to understand the law around it and the second is to get the technicalities straight. Over the years, I have found that a thorough reading of the brief (however unfamiliar it may be) followed by a meticulous session with the clients who are experts in their fields, such as Engineers and Chartered Accountants etc. gives me good control over the brief. From this point, traversing through the law becomes simpler. Capturing the crux through written submissions seals the deal. This approach cuts across the different domains of disputes.
During your independent practice, you dealt with a diverse range of disputes, including public law matters and commercial arbitrations. Could you share some memorable experiences or cases that had a significant impact on your legal career?
There are many. But one experience from March, 2023 is extremely bittersweet. I was representing a client for the very first time before the Hon’ble High Court of Judicature at Bombay in a case under s. 9 of the Arbitration and Conciliation Act, 1996. I had worked very hard. However, I somehow felt that my arguments did not meet the mark at all. And as my luck would have it, I also managed to get scolded by the Judge that day. The clients were present in court. I was disheartened. I even made the affidavits and the vakalatnama and sent it to the clients in anticipation of having to file an appeal. However, two days later, on the date of pronouncement, I was pleasantly surprised to know from the local lawyer that not only had the Judge decided partly in my favour but he had also praised me in open court. He in fact appointed me as an arbitrator in another matter. I was relieved and so was my client. Needless to say, more work has followed since, from that client.
You have also lectured for educational organizations such as Law Sikho and Adani University. What drove you to take up teaching alongside your legal practice?
I belong to a family of teachers which includes my mother and my grandmother. So, I think I have some natural inclination for teaching.
My stint at M.V Kini & Co, New Delhi had me working on the litigation portfolios of NHAI, BHEL, AAI and the likes. This acquainted me with technical nuances of those industries such as the different kinds of Infrastructure Contracts including Engineering Procurement and Constructions Contracts, Build Operate Transfer-Annuity Contracts, Hybrid Annuity Contracts etc. As a result I was able to contribute with a mix of practical experiences and theoretical information while teaching.
Similarly, I am taking some classes for Law Sikho which caters to the aspirants of the Advocate-on-Record (‘AOR’) Examination. I just cleared this exam in December, 2022. The curriculum is fresh in my mind. Therefore, I decided to take up the opportunity to help out AOR aspirants.
Balancing a successful legal career and taking on outstation assignments can be challenging. How do you manage your professional commitments effectively?
The challenges behind taking up outstation matters include getting used to the listing process and ensuring defect free filing. The style of drafting also differs. Similarly, when it comes to handling arguments, a new court and a new judge can be disconcerting in the beginning. But these are challenges that disappear sooner than they appear provided one is a keen observer and relies on a good local lawyer. I manage my professional commitments vis-a-vis outstation matters by appearing through video conferencing on non-effective dates, by maintaining my court calendar carefully and by collaborating with competent local lawyers.
Throughout your career, you’ve been involved in arbitration proceedings and mediation. Could you share some insights into the benefits of alternative dispute resolution methods in the legal system?
As a dispute resolution lawyer, I have understood that what a litigant desires the most is to be heard by an adjudicator and the arbitration proceedings conveniently affords that comfort to a litigant. Additionally, the earnest effort of the parties, advocates, and arbitrators to dispose of the matter within a limited time frame augurs well. As judicial intervention is restricted and can be exercised only on limited grounds, the parties are much more likely to accept the arbitral award and save themselves from the seemingly endless cycle of appeals and revision etc.
Mediation has also proven very effective, particularly for certain genres of disputes. Long years of litigation between family members on matters of property etc have an emotional cost. Thicker the tie, the harder it is to remain objective. However, when mediated effectively, I have seen parties settling old property disputes resulting in disposal of long drawn disputes. The same is true in Matrimonial disputes as well. I have attended many mediations in the Supreme Court Mediation Cell where often chequered disputes between estranged spouses end with a reasonable and dignified settlement.
Many fresh law graduates aspire to have a successful legal career like yours. What advice would you give to these graduates who are just starting their journey in the legal profession? What key qualities or skills do you believe are essential for their success?
Success is a relative term and still seems elusive to me. Delivering my best on each and every opportunity has been my only priority. The two indispensable qualities that come in handy for a lawyer are humility and honesty. As rhetorical as it may sound, I feel with humility, one can identify and embrace one’s shortcomings and work on them effortlessly . With honesty, one can win trust and reliability. These eventually translate into valuable social capital.
As a successful legal professional, what are your future aspirations? Are there any particular legal areas or causes that you are passionate about and would like to focus on in the coming years?
I wish to develop a career as an arguing counsel. Till that materializes, I am happy doing it all, namely arguing, drafting, filing, briefing etc. The core idea is to deliver quality legal services in every case.
Lastly, could you share a personal or professional mantra that has guided you throughout your legal career and life in general?
It is true that personal life and professional life tend to run hand in hand. But keeping the two separate is the test of a true professional. Having clinical objectivity towards my professional life has helped me protect and nurture it against the inevitable and sporadic turbulences in my personal life.
Please share with us the journey of how you ended up becoming a lawyer? What inspired you to pursue a career in law, and what were the significant milestones along the way?
I believe that my current profession, which is being a lawyer, has chosen me in a way. I did not actively grow up with a strong aspiration to become a lawyer. My father used to emphasize the importance of understanding the laws of the land, which planted a seed of interest in me. This ultimately led me to pursue a double major in Law and Business Studies at the University of Warwick. However, the idea of being a lawyer and going to court every day was not something I had planned for myself.
Despite this, I feel incredibly fortunate to have received mentorship from a young age, from Mr. Arun Jaitley. Fondly referred to as ‘Arun Uncle’, he was a close friend of my father and had a profound impact on my life and maybe somewhere hearing him regale his court antics had a subconscious impact on the choice I ultimately made. Though, I must say that I learnt it is from Mr Jaitley, I learnt the value of conducting oneself with sincerity while interacting with Clients. He always said, “There is no replacement for sincere hard work in the profession!”
You have an impressive work history, with experience in various areas of law, including Supreme Court litigation, arbitrations, and commercial transactions. How did you decide to focus on these particular areas, such as insolvency, competition law, and white-collar crimes?
My journey in the legal profession started out by getting involved with the team that was working on the BMW Sanjeev Nanda Hit and Run appeal in Delhi High Court. Following that, I commenced working with Agarwal Law Associates [‘ALA’] in 2009, where I dedicated a decade of my career until 2019.
During my tenure at ALA, I found myself amidst the unfolding 2G scam, a major controversy at the time. I actively represented the Essar Group and its promoters in this matter. Coincidentally, around the same period, the coal scam was also coming to light, and I got the opportunity to contribute to that case as well. This involvement marked the beginning of my increasing engagement in matters related to white-collar crime.
Since I set up NM Law Chambers with my Partner- Malak M Bhatt, in 2019, there has been vast amounts of work related to white collar crime and insolvency coming our way. Hence, NM Law Chambers is essentially focused on these areas of legal practice.
As I delved deeper into my legal pursuits, I realized an interesting overlap between insolvency and white-collar crime, which subsequently directed my focus toward insolvency matters.
Presently, I consider myself fortunate to collaborate with the Insolvency Law Academy, where I’m actively engaged in working on a research paper pertaining to personal insolvency law in India.
Throughout your career, you’ve represented a diverse range of clients, including prominent companies and individuals. Could you tell us about a particularly challenging or memorable case that you worked on and how it impacted your approach to law?
Each legal case comes with its own unique set of challenges and trials. At that time, the 2G scam stood as one of India’s most significant white collar / commercial crime cases. It reshaped the landscape of bail jurisprudence and required a reevaluation of legal norms.
Likewise, I was involved in an International Arbitration case centered around the complex concept of advance loss of profit. This particular case demanded a high level of dedication and had a steep learning curve due to its intricate nature.
However, one case that will forever hold a special place in my heart is the effort towards decriminalizing homosexuality. I initiated this petition on behalf of my dearest friend, motivated by the power of love. The impact of the resulting judgment on people’s lives was truly profound.
Your work played a crucial role in the challenge to homosexuality laws in India, leading to the decriminalization of homosexuality. Can you share the experience of working on such a groundbreaking case, and what was the most rewarding aspect of being a part of it?
The petition was a laborious endeavor fueled by deep affection. I drafted and filed it on behalf of my childhood friend. However, during the process of having him sign the affidavit, a sense of concern clouded my thoughts.
This worry stemmed from the fact that, at the time of filing the petition, Section 377 of the Indian Penal Code criminalized even consensual relationships between homosexual individuals. Essentially, I was seeking his endorsement on an affidavit that essentially labeled him as a criminal. This apprehension unsettled me.
Despite my concerns, we proceeded with the filing, and as they say, the rest is history! The most gratifying element of our triumph was the outpouring of tears of happiness that filled the courtroom that day. I bore witness to countless individuals, many of whom I had never met before, stepping forward to convey their elation and gratitude. This experience was truly humbling and served as a poignant reminder that actions undertaken for the sake of love, guided by love, hold the potential for tremendous impact.
You have received recognition and awards for your contributions to the legal field, such as the Forbes ‘Tycoons of Tomorrow’ Award and being featured in the ‘Forbes Powerlist 2021′ and BW Legalworld’s ’40 under 40’ Elite Lawyers. How do you stay motivated and focused on achieving excellence in your work?
The transition from motivation to discipline is a straightforward one. When motivation wanes, discipline becomes the driving force. Personally, I find a sense of satisfaction in adhering to discipline and staying devoted to my commitments.
Recognizing the profound impact our work as lawyers can have on individuals’ lives and freedom, I understand the paramount importance of responsibility in our profession.
Hence, it’s the combination of my innate dedication and the weight of responsibility that serves as the anchor keeping me rooted and concentrated on my path.
Over the years, you have worked with various high-profile clients and handled complex legal matters. What are some of the essential skills and qualities that you believe have been critical to your success as a lawyer?
In my genuine perspective, individuals seldom seek the services of lawyers or doctors willingly and by preference. Their circumstances, often far from favourable, compel them to approach professionals in these fields. Therefore, our role as lawyers (or doctors) is to respond with empathy and compassion, striving to alleviate some of the burdens that accompany their difficult journey.
My approach centers on treating clients with understanding and warmth, aiming to offer them a measure of comfort along their challenging path. This approach serves as the core of my practice, and from there, positive outcomes tend to naturally unfold.
You have experience advising clients in media/TV show productions and commercial transactions. How does your legal background come into play when dealing with such business-related matters, and what challenges do you often face in these areas?
Recognizing the significance of an interconnected legal framework is crucial. Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises. The initial step involves comprehending and appraising the practical realities of commerce, and subsequently aligning legal elements with those realities. Through experience accrued over time, professionals acquire the acumen to discern which strategies are viable within comparable factual contexts.
The real challenge emerges in persuading clients to remain open-minded and flexible. Encouraging them to eschew rigid expectations and steadfastly held positions can be demanding, particularly when they are fixated on specific outcomes or contractual terms.
As a founding partner at NM Law Chambers, you are responsible for managing and leading a team. What advice do you have for young lawyers aspiring to become partners and leaders in their respective law firms or legal practices?
Your effectiveness is inherently tied to the quality of your team. They constitute the bedrock of your efforts. Thus, it becomes crucial to provide feedback and actively invest in their growth and development.
In addition, it’s imperative to define your personal work ethic and values, and then steadfastly adhere to them.
Personally, I prioritize responsibility and responsiveness towards my clients. Likewise, at NM LAW CHAMBERS, our emphasis lies in delivering optimal performance, focusing on
efficiency and effectiveness. Rather than fixating on monetary gains, we view them as a natural outcome of the dedicated work we undertake.
Throughout your career, you’ve witnessed the legal landscape evolve and change. How do you keep up with the latest developments in law and ensure that your legal knowledge remains up-to-date?
Read. Read. Read. Read.
There is no shortcut to that.
As someone with vast experience in the legal profession, what advice would you like to give to fresh law graduates who are just starting their careers in the field of law? What key principles or lessons have you learned that you believe could benefit them as they embark on their own journeys in the legal world?
1. Knowledge is power
2. Don’t just work hard but work smart!
3. Time management is a valuable life skill and the faster one learns how to manage their time, the happier one will be.
4. Happiness is a choice, we will make everyday
5. Define your own success. You cannot define your success by someone else’s parameters or lens!
6. Take time out for yourself- most important. Do something small everyday that is just for you. Be it a workout or play a sport or read for leisure. Me time is essential.
7. Family and friends are your life support system. Give them the priority they deserve.
8. Lastly, trust the process. Life always has a larger plan for all of us.
