With almost two decades of experience in law, what inspired you to pursue this profession, especially considering your background in an agricultural family? Could you share your law school experience and how it shaped your path in the legal field?
My journey into law was driven by a combination of personal ambition, resilience, and the unwavering support of my family. Coming from an agricultural background, legal studies were not a conventional path in my family. However, after facing setbacks in my early academic pursuits—particularly in my 12th-grade science exams—I took it upon myself to carve a new path. The decision to study law was not one of convenience but of deep-seated aspiration, coupled with an innate sense of justice and advocacy.
Being the first in my family to enter the legal profession required me to step out of my comfort zone. I left my rural hometown and moved to Bengaluru, where I pursued my law degree at Al-Ameen College of Law. My time at law school was transformative; it provided not only theoretical legal knowledge but also practical exposure that helped me understand the intricacies of the judicial system. Through academic rigor, moot courts, legal aid camps, and interactions with seasoned advocates, I developed a strong foundation in jurisprudence, constitutional principles, and litigation strategies.
More importantly, law school instilled in me a sense of discipline and perseverance—qualities that have been instrumental in shaping my career. The experience taught me that law is not merely about statutes and case law but about understanding human rights, justice, and the profound impact that legal decisions have on society. This realization further fueled my passion for the profession and set me on a path of continuous learning and advocacy.
How did your early years in practice shape your approach to law? Having worked in esteemed roles, such as with ARK Usmani & Associates, KN Subba Reddy & Vivek Subba Reddy Associates, and the Government of Karnataka, how did each position contribute to the development of your legal expertise?
The early years of my legal career were instrumental in shaping my approach to law. I firmly believe that the foundation of a successful legal practitioner lies in practical experience, mentorship, and an unwavering commitment to learning.
I began my legal journey at an early stage, immersing myself in internships, drafting, pleadings, and court procedures. Under the guidance of seasoned advocates at ARK Usmani & Associates, I learned the fundamentals of litigation, client counseling, and legal documentation. This experience provided me with firsthand exposure to the nuances of civil and criminal law, including how to build strong legal arguments and navigate complex case laws.
Working with KN Subba Reddy & Vivek Subba Reddy Associates further honed my litigation skills, particularly in high-stakes matters. Here, I developed a deeper understanding of procedural laws, cross-examinations, and trial advocacy, all of which proved invaluable in my subsequent roles.
My tenure with the Government of Karnataka marked a significant transition, as I shifted from private practice to public law. This role allowed me to understand the workings of the government, its legal framework, and the intersection between public policy and the judiciary. Engaging in government litigation, regulatory compliance, and policy interpretation broadened my perspective and helped me refine my expertise in constitutional and administrative law.
Each position I held played a crucial role in shaping my professional identity. They collectively reinforced my commitment to justice, legal precision, and ethical advocacy, ultimately guiding me toward a distinguished career in public service and independent practice.
With your experience across areas like Constitutional Law, Civil Law, Criminal Law, Corporate & Banking Law, and more, what was your experience like working as the Central Government Counsel at the High Court of Karnataka from 2015 to 2019? Could you share some key lessons or challenges faced during that period?
Serving as Central Government Counsel at the High Court of Karnataka from 2015 to 2019 was one of the most intellectually stimulating and professionally enriching phases of my career. Representing the Union of India (UOI) in complex legal matters required an in-depth understanding of constitutional provisions, statutory interpretations, and public policy frameworks.
One of the most significant aspects of this role was understanding and advocating for the government’s standpoint behind legislative actions and administrative decisions. Government litigation is unique because it does not only involve individual disputes but often concerns matters of public interest, governance, and national policy implementation. This role deepened my understanding of quasi-federalism, the intricate relationship between the Union and State governments, and the legal disputes that arise between them.
Key lessons from this period include:
1. Strategic Litigation & Policy Advocacy – Representing the government requires not just legal knowledge but also strategic thinking. I had to ensure that legal arguments aligned with the broader policy framework of the Central Government.
2. Balancing Judicial Review & Governmental Authority – A major challenge in government litigation is navigating cases where government policies are challenged under judicial review. Balancing the principles of legislative intent, constitutional validity, and public welfare was a crucial aspect of my role.
3. High-Stakes Litigation – Many cases I handled involved issues of constitutional interpretation, statutory challenges, and administrative law disputes. These matters required meticulous research and well-articulated legal submissions.
Overall, my tenure as Central Government Counsel provided me with a macro-level perspective on governance, public administration, and the critical role of legal professionals in shaping public policy through judicial processes.
As the Additional Advocate General for the Government of Karnataka, you’ve likely handled diverse cases. Which case has been the most rewarding for you in this role, and what strategies did you employ to manage such a complex matter?
Every case assigned to me by the Advocate General of Karnataka has carried its own significance and set of challenges. As Additional Advocate General, I have had the privilege of handling cases that impact public policy, constitutional interpretation, and fundamental rights.
One of the most rewarding aspects of this role has been the opportunity to argue cases that directly influence governance and legislative frameworks. Whether it involves challenges to state policies, high-value litigation, or cases concerning the rights of citizens, each matter requires a strategic, well-researched, and legally sound approach.
My strategy in managing complex cases is based on the following principles:
1. In-Depth Legal Research – Every case demands an exhaustive understanding of relevant precedents, legislative intent, and judicial interpretations. Research forms the foundation of any successful litigation.
2. Calm & Composed Advocacy – Courtroom advocacy requires not just legal acumen but also the ability to present arguments persuasively, counter opposing counsel effectively, and maintain composure under intense judicial scrutiny.
3. Team Collaboration & Case Management – Handling government litigation requires a coordinated approach. I work closely with government departments, legal teams, and policy advisors to ensure comprehensive representation.
4. Strict Adherence to Legal Ethics – As a legal representative of the government, I uphold the highest ethical standards, ensuring that justice is served while safeguarding the interests of the state.
In summary, each case I handle is a learning experience, a test of legal acumen, and an opportunity to contribute to the legal system in a meaningful way.
Final Words
Law is not just a profession—it is a responsibility, a commitment to justice, and a continuous journey of learning. Throughout my career, I have learned that perseverance, dedication, and ethical advocacy are the hallmarks of a successful lawyer.
For aspiring legal professionals, I always emphasize: “Master your craft, stay updated with evolving jurisprudence, and above all, uphold the integrity of the legal profession.”
I Would like to thank my colleague Advocate Mohammed Nawaz Shariff, for his valuable assistance rendered in completion of the interview.
Given your extensive expertise and experience, was law always your first choice of career, or did your path evolve over time? Could you share some key moments from your academic journey at National Law Institute University, Bhopal?
Law was never my first career choice. I even prepared and appeared for engineering entrance examinations, including IIT JEE. Law happened completely by happenstance. My father heard his colleagues including a District Magistrate speaking to another colleague (in the context of his son’s higher education) about entrance examinations of National Law Universities which, in their words, were like the “IITs of Legal Education” and if one could get through such NLUs, they would have a very bright career. After enquiring further with the said District Magistrate about the NLUs and the entrance procedure, my father, in the evening broached the possibility of my appearance for law entrance examinations. In a way, law immediately sparked my interest, and I immediately went to the so-called ‘cyber-cafes’ of those days and researched further about the scope of the entrance examinations and how I could prepare for the entrance examination. I then came across Law School Tutorials (LST) and ordered their study material and started my preparation. I subsequently qualified the entrance examinations of Symbiosis Society Law School, Pune, Army Law School, Mohali, GGSPIU, NLIU (Bhopal) and several other entrance examinations and eventually joined NLIU, Bhopal, after briefly enrolling and studying at SSLS, Pune. So clearly, the road that led me to law evolved over time.
After completing your law degree, what motivated you to pursue an LL.M. at Queen Mary University of London, and how did it enhance your previous education? Can you also share your experiences and the differences you observed in their teaching pedagogy?
I was of the firm belief that at all times after you graduate, you must either be in the pursuit of earning or learning. I had been harbouring this desire to pursue an LL.M. right since I graduated. When COVID-19 struck, I took this opportunity and enrolled myself for an LL.M. in International Dispute Resolution at QMUL, UK. It was very hard to keep up with the expectations of the teachers in terms of the pages to be read per day, despite the substantially reduced work pressure but I somehow managed to graduate with Merit. The biggest difference in the teaching pedagogy between the two great institutions was that at NLIU, at the undergraduate stage, the focus somehow remained more on foundational, theoretical, lecture-based learning while at QMUL, in the graduate programme, stress remained on in-depth analysis, critical thinking, and practical understanding of key concepts. There was no scope of securing good marks at QMUL, if one did not understand the intricacies of the key concepts concerned. Mostly the questions were in the form of real-life situations and one was supposed to write a suggestive note as to what one, as a Counsel, would have advised one’s client in the fact situation concerned. The other key difference was in the method of marking and evaluation at QMUL. Upon the end of the evaluation of the answer sheets, at QMUL, we would not only receive the marks but also detailed comments from the evaluating teachers which would further help us acquire an in-depth understanding of the concept and also help us understand where we lacked in the evaluation of the given factual situation. That was, in my view, a game-changing aspect. If one would not understand what one could have done better, one would commit the same mistakes again and achieve the same range of marks. However, a clear understanding of the areas where one could have done better in terms of expression or otherwise, would always promote a deeper learning of relevant concepts.
In the early stages of your career, you must have encountered various learning experiences. Could you share some of these with aspiring lawyers? Additionally, what prompted you to start your own practice, and what were some of the initial challenges you faced in establishing it?
I would like to first underscore the importance of the answer to this question for your readers. Please note that this is the most important and relevant part of this interview, from the perspective of an aspiring lawyer or a law graduate. I was indeed exposed to many learning experiences, especially in the early stages of my career. I would begin with saying that the early stages of a lawyer’s career can be analogically likened to the early stages of development of a child. One needs to have an extremely inquisitive and childlike approach towards learning the law and the legal procedures in the early stages of one’s career. The first year was mainly about familiarising myself with the procedures and practices at the Hon’ble Supreme Court, the Hon’ble High Court, the District Court and the various buildings and rooms that formed a part thereof. I, fortunately, had a senior from my college who was working as an Associate at the first chamber I joined immediately after graduation. I used to pose at least 100 questions to him on a daily basis in the course of our daily trips to the court. He was very patient with me and answered all my questions with calmness and ease. Thanks to him, I quickly understood the basic legal procedures, including but not limited to the courtroom etiquette, which side of the dias to stand on when representing either side, how to give appearance slips to the court staff, how to hand over documents/judgments at the bar, the position of the various courts, the important offices of the officers of the registry, how to inspect the file etc. It is very important to have gone through the grind yourself at the initial stages because if you haven’t done something yourself once, you’ll never get to understand the procedure in detail and will encounter issues even while delegating it to your juniors/clerks in future.
One of the early learning experiences taught me to show up at the courts at least 15 minutes before the designated court commencement timings to avoid missing your matters and eventual embarrassment, regardless of the position of your matter on the causelist. In my initial years, a matter was listed at item no. 42 in a cause list listing a total of 70 matters for consideration of the Hon’ble Court. Assuming that the matter would certainly not be called out in the first hour, I turned up at 11:30 am instead of 10:30 am when the court concerned would commence the hearing. Much to my surprise, the matter had already been called out and taken up. Upon enquiry with the court master, I learnt that between Item no. 1 and 42, there were two connected batches cumulatively concerning 35 matters and that the rest of the matters had been passed over and therefore the matter came up for consideration earlier than expected. I had to wait till the court had taken up all the other matters and was to rise when I mentioned my matter and got my presence recorded and thankfully prevented any harm to the client’s interests.
Through one of the other learning experiences, I learnt to not take pleadings casually and to be absolutely accurate with the words while drafting pleadings. In one of the cases being conducted by one of the Advocates I was associated with in my early years (who held the brief for the defendant), I observed that while denying the pleadings of the plaintiff in the written statement, instead of the word ‘plaintiff’, the word ‘defendant’ was wrongly used. The enormity of the consequence of this inadvertent error was such that a civil suit filed by the plaintiff was decreed, under Order XII Rule 6 of the Code of Civil Procedure, 1908, on the sole basis of this inadvertent ‘admission’. This caused immense loss to the client and massive embarrassment to the concerned Advocate. After learning this important lesson, I haven’t ever filed any pleading/statement in any case without reading it at least thrice and believe you me, I have found some mistakes even in the third reading. I feel there is no other way to ensure accuracy. I further think that as an Advocate, you shouldn’t be making careless mistakes. You are paid not to make mistakes by the client. As such, you must conduct your cases with a heightened sense of responsibility.
Another learning that I drew from the whole episode was that one should keep one’s eyes and ears open and learn from the mistakes committed by others, without waiting to commit a mistake oneself, at the expense of one’s client.
Lastly, through another experience that I had with a client, where the client abruptly denied a clear understanding which I had with a client, I learnt that an Advocate should record the understanding arrived at with the client in regard to any aspect of the matter being handled for the client. Before filing pleadings/statements on behalf of the client, one should always email it to the client and ask the client to read the same in great detail and then respond to that email with an instruction to file the same if the same is in order. In my experience, following this practice will certainly save a legal practitioner from many embarrassing situations on more than one occasion in future. Further, in answer to question at serial no. 8, I have enlisted many other useful lessons I have learnt in the last 15 years as an Advocate.
In so far as the second part of your question is concerned, there comes a stage in every lawyer’s life when you feel that you’re ready to take the plunge. The stage is usually marked by reasonable confidence that the lawyer would be able to handle a given matter by himself/herself before the court and that he/she will be able to sustain his/her basic expenses without any external help. When I got reasonably sure in regard to both the aspects mentioned above, I took the plunge into private practice, in October of 2015 and god has been kind ever since. I always tell my associates that the biggest challenge in advocacy is not advocacy itself, but the art of dealing with the clients so as to ensure that the clients pay up your fee well in time and your relationship with your clients remains cordial and transparent, built on the edifice of trust. In this regard, please note that the issue of fee should be discussed and settled soon after the client has conveyed his decision to hire you, without any delay. There should be no hesitation in discussing and settling fee with the clients at the earliest opportunity. I realise that this is easier said than done and that it takes years to get good with this but this is one of the most important aspects of advocacy. That said, the other biggest challenge which you have to overcome in setting your own practice is to get enough clients to sustain your practice and to grow it sustainably. You may be an exceptional advocate, but you don’t get to display your skills unless you appear before Courts frequently and that doesn’t happen unless you hold enough briefs for your clients to make that happen. The initial challenges for me too, therefore primarily pertained to having a good number of clients, getting those clients to realise the value of my legal advice and getting them to pay up my fee on time.
Having represented clients in both domestic and international commercial arbitration, could you describe one of the notable cases you’ve worked on, especially your experience in the ICC Arbitration in Zurich?
The international arbitration matter between an Austrian Company which was represented by me and a government organisation functioning under the aegis and administrative control of the Government of India, deserves a special mention here. Brief redacted facts were that my client was an Austrian Company which, along with its Indian Collaborator, supplied a complex chemical plant to a government organisation. The contract subsequently ran into rough weather and our client issued a Request for Arbitration [RFA] to the said government organisation, in accordance with the terms of the contract and the ICC Arbitration Rules [ICC Rules]. The seat of arbitration was Zurich and the other side was represented by a well-known and established Indian law firm which was substantially bigger in size than our team. The valuation of the subject matter of this arbitration was in excess of Rs. 1000 crores. We first represented the client before the Hon’ble Delhi High Court and obtained a stay against encashment of the client’s bank guarantee. This reaffirmed the client’s faith in us and led us to represent the client in the entirety of arbitration proceedings. The arbitral tribunal comprised of 3 members, including a former Chief justice of India, and a German engineer as co-arbitrators and a lady from Beirut, Lebanon, as the chairperson of the tribunal. The arbitration was administered under the aegis of ICC and governed by the ICC Rules. We had the hearings of this arbitration at Zurich, Paris and London and eventually succeeded in the case. Our claim was largely allowed and the Respondent’s counterclaim was dismissed. The victory was significant and it sparked my interest in arbitration which would become a lifelong association in times to come.
You have significant experience in sports-related litigation. Can you discuss some landmark cases you’ve handled involving National Sports Federations and the Indian Olympic Association?
I was introduced to sports-related litigation by a dear friend of mine in the year 2020 and since then, it’s been a constant in my practice. I have represented/advised the Kho Kho Federation of India, the Handball Association India, the Rajasthan State Olympic Association, the UP Olympic Association, the Pondicherry Olympic Association, the Delhi State Kabaddi Association, and famous discus thrower in a wide array of legal proceedings, including proceedings before Hon’ble Courts/arbitration tribunals. One of the landmark cases that I’ve been a part of is the PIL bearing W.P(C) 195/2010, titled “Rahul Mehra vs. Union of India and Ors.”. In this matter, I represented KKFI, which was an impleadment applicant. By way of the judgment dated 16.08.2022, a division bench of the Hon’ble High Court of Delhi held that the National Sports Code is applicable to the Indian Olympic Association and the National Sports Federations along with their constituents. The Hon’ble Court further extensively dealt with and ruled on various aspects of the administration of the Indian Olympic Association and National Sports Federations including the validity of permanent posts like life president in IOA, differential voting rights to National Sports Federations and State Olympic Associations in IOA, the applicability of Model Election Guidelines, the applicability of age and tenure guidelines on members of the Executive Committee of NSFs and IOA, size of the Executive Committee, eligibility of a person against whom charges have been framed to contest the elections. Though the judgment is under challenge before the Hon’ble Supreme Court, it makes for an essential read for every sports lawyer in the country just for the ground it covers in the realm of sports regulation and administration.
The said judgment was challenged by the Indian Olympic Association before the Hon’ble Supreme Court by way of SLP(C) 14533/2022. In the said matter, the Hon’ble Supreme Court initially appointed a one-man committee headed by a former judge of the Hon’ble Supreme Court tasked with the mandate to suggest amendments to the constitution/Memorandum and Rules of the Indian Olympic Association. The said committee held public hearings at the Jawaharlal Nehru Stadium, which were attended by all stakeholders including the representatives of the National Sports Federations and State Olympic Associations. I represented the Kho Kho Federation of India, the Handball Association India and the Rajasthan State Olympic Association at the public hearing. The matter is still pending adjudication before the Hon’ble Apex Court and I am fortunate to be representing the Kho Kho Federation of India and the Handball Association India who are the impleadment applicants before the Hon’ble Apex Court in the said matter.
Another seminal sports-related litigation was a challenge to the elections of the then President, IOA by way of a civil suit for Declaration preferred by an eminent sportsperson whom I represented. The matter was hotly contested with several senior counsels representing either side. The matter went on for a couple of years and was ultimately rendered infructuous midway as the then President, IOA, voluntarily resigned from the said position before the end of his term and the matter was rendered infructuous as the desired objective was achieved before the conclusion of the trial.
With your background in sports law and international arbitration, how do you foresee the future of sports law in India over the next 5-10 years?
I foresee great developments for sports law showing up on the horizon. As of this day, the sports organisations, principally being the Indian Olympic Association and the National Sports Federations are regulated by the government through the Ministry of Youth Affairs and Sports [MYAS] by issuance of executive instructions, circulars and letters which are binding on the NSFs and IOA. A compilation of such executive orders, instructions, circulars, and notifications issued by the government over a period of time, created in theyear 2011, came to be referred to as the National Sports Development Code of India, 2011 [National Sports Code]. The National Sports Code has been holding the field to date. However, recently, the MYAS introduced the Draft National Sports Governance Bill, 2024, which was also put up for public consultation in the recent past. The bill proposes many reforms, making provisions for establishment of Sports Regulatory Board of India to regulate and supervise the National Sports Federations (NSFs); establishment of an internal grievance mechanism for athletes and coaches; establishment of an Appellate Sports Tribunal tasked specifically with the objective of adjudication of sports-related disputes, reservation for women and sportspersons of outstanding merit [SOM] in Executive Committee posts; establishment of Athlete’s Commission; relaxation of eligibility criteria for contesting of Executive Committee posts for wider representation. Once the National Sports Governance Bill, 2024 is promulgated into law, it is going to revolutionise the administration and regulation of sports and herald a new era of sports development in India.
How do you manage the complexities of handling a wide array of civil and criminal matters at the Supreme Court of India? Can you share an example of a particularly interesting case and how you addressed the challenges it presented?
My practice before the Hon’ble Supreme Court of India is mostly confined to matters on the civil side. That said, one can manage the complexities of any case, one handles, with an in-depth knowledge of the factual and legal issues involved. The soundness of your research, the clarity of your expression, and the dint of your hard work would dispel the complexities with ease.
One particularly interesting case that I can immediately remember was a bunch of 5 SLPs preferred by a group of Nursing Colleges situated in a particular state, inter-alia, against the Nurses Registration Council [NRC] of the said state. The Petitioners were represented by a number of AORs, Counsel and Senior Advocates and the NRC was singularly represented by me as its Standing Counsel. The matter came up before Court No. 2 of the Hon’ble Supreme Court, headed by a division bench of 3 Hon’ble Judges of the Hon’ble Court, quite early in the morning and since the matters cumulatively comprised at least 2000 pages, I requested the Hon’ble Court to grant me some time for filing of proper counter-affidavits to the said SLPs. Considering the stress on the ‘urgency’ involved in the said matter and considering the ‘future of the students’ was said to be at stake in the said matters, the Hon’ble Court declined my request and asked me if I could prepare a summary and a chart to assist the Hon’ble Court by the following day. Daunted at the prospect of being able to comprehend and assist the court effectively with the matters in less than 24 hours, I requested the Hon’ble Court to grant me time till the day after. The Hon’ble Court, kindly agreed to my request and posted the matter for final hearing after two days. The task was daunting, still as these were the first 5 matters assigned to me by the MPNRC and I was at that point in time, not familiar with even the applicable statutory provisions, rules and regulations governing the subject matter of the said SLPs. Regardless, I put everything else aside and started grasping the essence of each one of the said 5 SLPs. With great difficulty, after sleeping for less than 6 hours in the intervening 48 hours, I ended up making a note and table for the Hon’ble Court’s consideration. When the matter was taken up, I cumulatively argued for more than 30 minutes, without having to look at any of the case files. Several Advocates and Senior Advocates marshalled their arguments against the position taken by me. However, at the culmination of the hearing, the Hon’ble Court thankfully dismissed the entire batch of matters, on the strength of the arguments advanced by me and barred the Petitioners therein from approaching the Hon’ble Apex Court ever again on the said issue. The process that led to the culmination of the aforementioned matter not only enriched me immensely as an advocate but also reaffirmed my faith in my advocacy and on the principle that with hard work you can surmount insurmountable odds. Further, as is the case with the overcoming of any challenge, I felt victorious and encouraged to work harder and harder to sharpen the essential tools for my law practice.
What advice would you offer to young lawyers who aspire to have a successful career like yours? Are there any resources or practices you recommend for staying updated with evolving legal trends?
Some of the good habits I would encourage young lawyers to inculcate in the early years are:
Treat the matters of your senior as your own and handle them with the same level of ownership and responsibility. This will help you immensely later when you start your own practice.
Read your drafts at least thrice before filing the same. Every time you run through it, mark my words, you’ll find mistakes. Impeccable drafts create a great primary impression in the mind of the judge.
Never try taking shortcuts in the profession. They’re likely to do more harm than help you.
Read the whole judgment. Don’t just read the headnote to grasp the ratio.
Never give in to the lure of unethical practices.
Always be loyal to your client but at the same time, remember that your ultimate loyalty lies with the court.
Never mislead a judge and answer questions posed by the bench directly and promptly.
Have a sincere demeanour becoming an advocate while sitting inside the court. Don’t engage in fun or banter inside the court.
Communicate your fee structure to your client promptly, and without delay, and if possible, during the first meeting itself.
Be thorough in your research and endeavour to know the jurisprudence regarding the legal proposition applicable to your case, in all its variations and limitations.
Lastly, remember that above-average intelligence, along with sincerity and hard work will do the trick for you in the profession.
Further, it is substantially easier to stay abreast with the evolving legal trends than it was for the previous generation of lawyers. Earlier, to stay updated, lawyers had to rely majorly on law reports and journals. In contrast, today you have the advantage of a world connected with hi-speed internet which makes this job a whole lot easier. The other day, while I was patiently sitting and waiting for my matter to be taken up by the Hon’ble Supreme Court, a matter pertaining to legal ramifications arising from obscene comments made by a popular content creator was taken up by the Hon’ble Court. I was surprised to note that even before the matter got over, a popular online platform publishing legal news had already published a whole article on the issue. Today we live in a fast-paced world driven by technology where one has ready access to online law journals, online news portals, online legal research portals, video lectures on law by prominent jurists, and the latest addition to the list is AI driven legal research tools. With all this at one’s command, one can learn immensely and stay abreast with the latest legal trends at the same time, with ease.
Managing a demanding legal career alongside a personal life can be difficult. How do you balance your professional commitments while maintaining a healthy work-life equilibrium?
My senior once told me that if you’ll not strike a work-life balance, you will never find enough time to complete the endless work that will keep you drowning till neck deep in its vast expanse. He always told me to leave for home on time every day so that you make the most of your days with your family. Law, as they say, is a jealous mistress. It certainly demands a lot of time and dedication from you, if you aim to excel in the legal profession. However, I am a firm believer of the age-old adage which states in the relevant part, that “if health is gone, everything is gone”. I endeavour to go to the gym 3-4 times a week to ensure my physical and mental well-being andI try to leave the office by 7-7:30 pm every day so as to be with my family by 7:45-8:15. These two habits have helped me in maintaining a healthy work-life equilibrium.
After over 13 years of experience in representing clients in disputes, through arbitration and court proceedings, can you tell us what initially inspired you to pursue a career in law? What motivated you to establish your professional journey in this field?
My initial outlook towards law was fraught with ignorance – in school, one never saw it as an option. Law opened up as a career when I fortunately received admission into National Law University, Jodhpur and decided to join on my parents’ insistence. As time passed and as my studies progressed, having already been a voracious reader, I became drawn to the intellectual challenges and problem-solving aspects that the legal profession offers. I realised that law pervades almost every aspect of life and society which leads to learning new and interesting things every day. Once I graduated, the satisfaction of being the means for clients to secure their rights provided (and still provides) the drive for my legal practice..
Having gained substantial experience at law firms such as Phoenix Legal, and Tuli & Co., how has your approach to dispute resolution evolved over time? What unique perspectives have you brought to Revera Legal in your current role as Partner?
Over the years, my approach to dispute resolution has evolved from a purely academic and legalistic approach to a more holistic and practical one. I have come to realize that effective dispute resolution requires not only a deep understanding of the law but also a keen awareness of the commercial and practical realities facing my clients. I believe in taking a proactive and solution-oriented approach, working closely with my clients to develop strategies that not only achieve their legal objectives but also align with their business goals. At Revera Legal, I have brought this perspective, along with my extensive experience in handling complex commercial disputes, to provide our clients with comprehensive and commercially sound legal advice and representation.
You’ve handled high-profile arbitration cases, including disputes in an LCIA-administered arbitration. What legal strategies did you employ to address the complexities of fraud and misrepresentation allegations in international arbitration, and how do you navigate challenges arising from differing governing laws and jurisdictions in cross-border disputes?
Proving fraud requires demonstrating that the person committing fraud acted with intent to deceive, which can be difficult to establish through evidence in a civil trial. Fraud cases often involve intricate fact patterns and transactions, making it challenging to present a clear and concise case to the arbitral tribunal. In arbitrations involving fraud and misrepresentation, I therefore focus on building a strong evidentiary foundation. This includes meticulous document review, financial analysis, and engagement of forensic experts if needed. I also carefully analyse the arbitral tribunal’s procedural rules and the applicable law to tailor my arguments. In cross-border disputes, navigating jurisdictional and governing law issues requires a thorough understanding and crafty application of conflict-of-laws principles. In fact, as I speak, we are currently preparing for a potential dispute which presents an interesting conflict between Indian and US jurisdictions
In the case of National Insurance’s claim against Chubb European Group under a reinsurance policy, what challenges did you face when representing the insurer before the National Consumer Disputes Redressal Commission?
The National Insurance case presented a unique challenge as to whether the scope of consumer disputes includes reinsurance disputes. To address this, our team at the time. I focused on demonstrating that the reinsurance policy in question was not being used for commercial purpose but rather a means for National Insurance to protect itself from significant losses that may affect its bottomline in the event that it settles a large insurance claim. The challenge was that to an untrained eye it would appear that an insurer, being in the business of providing insurance, was simply leveraging its reinsurance cover for receiving heftier premia in its insurance policies. We drafted submissions based on the specific terms of the policy and reinsurance notes, IRDAI regulations governing reinsurance in India, industry practices, , and relevant case law to show that obtaining a reinsurance policy is not used for generating profit but rather acts as security for unforeseen losses to the insurer. A final decision in the matter is pending I believe and I hope that the foundation that we created in the case years back, leads to the Hon’ble Commission ruling that an insurer is a consumer of reinsurance coverage and therefore can file a consumer complaint against its reinsurer.
Drawing from your experience in providing pre-arbitration strategic advice for a FIDIC-based contract with the Ministry of Defence, what are the critical considerations when preparing the client for such disputes and future arbitration proceedings?
A fundamental strength of FIDIC contracts is their emphasis on clearly defining and allocating risks between the employer and the contractor. When advising on FIDIC-based contracts, I first emphasize proactive contract management to mitigate potential disputes. This includes ensuring clear documentation of all project-related communications, adherence to contractual timelines and procedures, and prompt identification and resolution of any ambiguities or disagreements within the framework provided by the contract. However, should the case proceed to arbitration the focus always remains on building a strong case file, which needs in depth identification, analysis and organization of evidence much prior to invocation., Successful claims (or counter-claims) in such an arbitration and often depend on lawyers efficiently and accurately synchronizing and linking timelines, technical evidence and contractual provisions before formulating the statement of claims or defence.
Your commitment to fostering diversity within the legal profession is admirable. How do you ensure that aspiring lawyers receive the mentorship and opportunities needed within your firm? What key qualities do you look for when mentoring young lawyers, and what guidance do you offer them as they navigate their legal careers?
At Revera Legal, we are committed to fostering a diverse and inclusive work environment. We provide aspiring lawyers with mentorship opportunities, training programs, and challenging assignments to help them develop their skills and advance their careers. When mentoring young lawyers, I look for qualities such as intellectual curiosity, strong work ethic, and empathy with a client’s position. I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice. Irrespective of personal or professional difficulties throughout their career, lawyers must foremost ensure that their client’s best case is presented.
Given the demands of your career and leadership position, how do you personally manage to maintain a work-life balance? Additionally, how do you encourage your team to prioritize a healthy work-life balance while excelling in their professional roles?
Maintaining a work-life balance is crucial for both personal well-being and professional success. Though this appears to be a difficult endeavour in the practice of law, which requires constant attention, reading and mental exertion, do attempt and encourage proper time management, and distribution of responsibilities amongst the team to the extent possible. Lawyers are always doing a lot of heavy lifting, whether in court practice or transactional negotiations. In such a situation, having a flexible work environment, rewards and recognition for achievements and drawing boundaries between work and personal life ensures sustainable growth in the profession.
In your view, what role will technological innovation play in shaping the future of the legal profession, particularly in the areas of arbitration and dispute resolution?
Technological innovation is transforming the legal profession as I knew it at the inception of my career, and I believe this trend will continue to accelerate. In arbitration and dispute resolution, we are seeing the rise of online dispute resolution platforms, the use of artificial intelligence for document drafting and review as well as the adoption of virtual hearings by courts throughout the country. I also see that several lawyers and esteemed judges have altogether stopped using paper, instead using tablets and laptops in court, all of which are helpful in organizing, reviewing and carrying voluminous files, and are certainly friendly to the environment. In fact, I believe even notarial services are now being offered online, which are helpful when parties are located in far flung jurisdictions or locations. These innovations have the potential to make the dispute resolution faster, more efficient, cost-effective, and accessible. I am excited to embrace these advancements and leverage them in my firm and practice.
With nearly a decade of experience in law, what first inspired you to pursue this profession? Was it a conscious decision from the start, or did it naturally evolve over time?
Law did not seem a natural choice for me initially. I pursued science post 10th Boards and was leaning towards a career in engineering. However, within a few months into the 11th standard, I realised I was not made for a career in science. Also, I always wanted to do something different. While I was exploring a few options, based on what was my worldview at that age, one of my close family friends chose law and that is when I tried to imagine if that is something I would enjoy. By 12th standard I knew, law was the way to go. It stunned a lot of people in a small town where engineering and medicine seemed like the only options for science students. But I had made up my mind and haven’t looked back since.
After completing your law degree, you went on to pursue an LL.M. in International Banking and Finance Law from University College London. What motivated you to choose this particular university, and how has your academic journey there contributed to your success in your career? Could you also share some experiences or challenges you faced during the admission process or while studying at UCL?
Initially I had not even imagined that pursuing an LLM abroad would be one of the options I had. But my father encouraged me to seriously consider it. I was clear that I eventually wanted to pursue Litigation and Arbitration back in India.
Since the UK is the home to common law and a lot of Indian law has evolved from the British era, choosing to pursue my LLM in the UK became a natural choice.
I researched online and had discussions with a few people who had already pursued their education abroad. The general consensus was that I should look for the professor under whose guidance I would want to write my thesis rather than only selecting a college / university. At that time my interest was in International Law of Foreign Investment and Treaty arbitration. Which is why I wanted to pursue my Master’s under Dr. Martins Paparinskis whose profile was something I was drawn to. He taught both these subjects at University College London in 2015-16.
The experience at UCL was exhilarating. Their style of teaching taught me the discipline of self study even before the lecture begins. We had the entire curriculum for the semester in our hands even before the introductory lecture. The focus was on discussions on the topics we were already supposed to have read up on and only to clear doubts based on the preliminary reading. Of the 4 subjects I had chosen, we only had only one lecture of two hours per subject in a week, giving us ample time to read before and after the lecture. This encouraged us to think independently which was the biggest takeaway from the course.
One of the most important courses I took up at UCL was the Academic English Writing Course. It was open to all and was a course which would help us write our thesis. This course has had immense long term impact on my career, as it was the seed which led to my academic writing bug later on and also for establishing the Arbitration Workshop Blog.
Honestly, the admission process was very streamlined. But I would be remiss in saying that I did everything on my own, I was given guidance by an education consultancy service in India. They were very clear that they would only guide me through the process while I focussed on preparing my essay for the selection process. They encouraged me to dig deep and write the essay based on my life and why I was the best candidate to secure a place in the master’s programme at UCL. The actual course work at UCL was enjoyable. Since we were non-europeans, we were also given the first preference in the hostel accommodations run by the University. To some extent the only challenge I faced was preparing my own meals as I chose an accommodation which did not have a mess but had kitchens on individual floors spread between 5 flatmates. But even that became enjoyable over the course of time.
Following your master’s, you worked as a legal assistant to Justice A.K. Patnaik (Retd.), Former Judge of the Supreme Court of India. What were your early experiences like in that role, and how did they shape your understanding of the law? Are there any values or insights from that time that you still carry with you today?
It was the greatest introduction I could have had in the legal profession. I was the first legal assistant he had hired since his retirement from the Supreme Court and since his foray into arbitration. The one-to-one mentorship with him was a great learning experience. I got introduced to the practical aspects of contract law during my tenure with him and that has shaped my expertise. The practice of arbitration is associated more with contract Law rather than arbitration law and the fundamental aspects of contract law that I learnt on the job helped me immensely in my academic writing.
He had a terrific library on domestic and international contract law which broadened my horizons. I got into the habit of reading those books during my free time. One of the most important lessons he taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.
When drafting arbitration awards for construction contracts, particularly regarding issues like delays in land handover, scope changes, and termination payments, what were some of the key legal challenges you faced?
The key issues with constructions contracts were liquidated damages clauses which capped the damages for losses that occurred due to breaches on the part of the employer, such as delay in handover of land / right of away. It created a conundrum where an employer who had hopelessly delayed in handing over of the land or was in breach of an obligation under the contract, was still not liable for the damages to the extent sought by the Contractor, as there was either an exclusion clause or a liquidated damages clause. This is an interplay between Section 73, 74 and 55 of the Contract Act read with Section 23 of the Arbitration and Conciliation Act, wherein the terms of the contract, however absurd, governed the jurisdiction of the arbitral tribunal.
As far as change of scope of work is concerned, the disagreement stemmed from whether something amounted to change of scope of work or was it within the original scope of work. I can recall a case wherein the contractor had intimated to the employer that as part of the original objective of constructing the road, there was certain additional work that was required to be done such as shifting of certain pipelines which were not contemplated within the original scope of work. The contractor sought for the approval, however, never received the same. But as the same was necessary to move forward with the construction, they carried out the additional work and raised invoices towards it later. The Employer however rejected the invoices as they had not been approved. In such a scenario, arbitral tribunal had to rely on principles of contract law to hold that the Employer had by its conduct approved the changes, as it never objected to the same contemporaneously, and accordingly the contractor was granted the claim towards the additional work done as part of the construction.
Termination payment also is a complex issue. Concession agreements provide termination payment to be made to the contractor in the event of a termination of the contract, either rightful or wrongful, the quantum however being different. Such termination payment clauses are unique to concession agreements as in the DBFOT model, the concessionaire is not just responsible for the construction but also the financing among other things. In cases of termination payment, therefore, the issue of liability becomes very highly contested. Also, the quantification of termination payment used to be very complex and used to have certain grey areas, which made the calculation itself difficult. In cases where the parties spent maximum amount of time on the liability, if the issue of quantification was left unresolved, it became a challenge for the arbitral tribunal to understand the calculation methodology under the contract. This could lead to disagreement over the calculation itself and was particularly challenging on a few occasions while drafting the arbitral award in the office of Justice A.K. Patnaik.
Can you share some of the most difficult aspects of representing public sector insurance companies in arbitration or before the National Consumer Disputes Redressal Commission?
While dealing with any public sector undertaking, the most crucial aspect is documentation. If contemporaneous documents are available clearly pointing out the issues / approvals etc during the project being carried out, it becomes easy to represent PSU’s. However the lack of documentation / decision making during the project approval / execution stage makes it difficult to successfully represent the PSU. Further, cases of Insurance come within the scope of Consumer Forums which are summary in nature and hence it becomes difficult to protect the interest of the Insurance Companies since the fora generally are established to protect the interests of the consumer. Insurance law is very technical and certain principles of law, such as, uberrima fides or utmost good faith are only applicable to insurance law. A perusal of various judgments and orders from the District and State fora indicate they do not truly apply these special provisions of law relating to Insurance Contracts and therefore the matter has to unfortunately be appealed to the National Commission. Even at the National Commission and Supreme Court level there is a dearth of the judgments which explain in detail the the unique principles of insurance law which should be applicable to various issues which the district and state fora can utilise and apply. This is one of the greatest challenge of defending a PSU Insurance company or any insurance company for that matter.
Having worked on complex arbitral awards and challenges involving patent illegality and public policy, how do you craft compelling arguments when challenging such awards, particularly when dealing with contract violations or lack of sufficient evidence?
The challenge of arbitral awards is very tricky as the scope is extremely limited. Patent Illegality, as the term itself suggests, stipulates that the award should be illegal on the face of it and should not be just an alternate interpretation of the award. When challenging an arbitral award, the argument which is most convincing is, when the arbitral tribunal has gone beyond the contours of the contract or the law and given a conclusion so absurd that it falls foul of the reasonable man standard. It is rare to get a clear contract violation on the part of the tribunal and if there is such a case, the same falls squarely within the scope of the provisions of arbitration law for setting aside the award.
In some cases when the tribunal grants a particular award on the basis of equity the same becomes a valid ground to challenge the award when the parties have not permitted the tribunal to do so. In such cases it is best to stick to the point and not beat around the bush about each aspect of the award in an attempt to try all possible challenges and hoping one will stick. The more precise the argument and draft, the easier it is to convince a court of the patently illegal nature of the award.
The arbitral tribunal is considered the master of the evidence, and they have the power to decide the admissibility, relevancy, materiality and weight. Insufficiency of evidence therefore is not a ground for setting aside an award. This is because if there is some evidence, the tribunals are allowed to extrapolate and do intelligent guesswork basis the documents available for the merits of the claim and the quantification of the claims. It is only in cases where there is no evidence that an award made by the tribunal can be set aside. Although the Evidence Act (now the (Bhartiya Sakshya Sanhita) is not applicable to arbitration, the well known principles continue to apply. Hence when the tribunal applies some of these principles incorrectly, it gives an additional yet narrow window of opportunity to the judgment debtor to challenge the award. The crafting of the arguments in this regard therefore are on the lines that the principles of evidence which should have been applicable, have either not been applied or have been applied incorrectly.
The above are broadly the methods one can follow to challenge an award on the ground of violation of the contract or lack of evidence.
Looking back at your career, what project or initiative has been the most rewarding for you? What made it particularly significant, both professionally and personally?
The Arbitration Workshop Blog, hands down, has to be the most rewarding project of mine. The initial idea and what it has turned into is surreal for both me and Gautam (my co-founder). The positive reviews I have received from people and the recognition it has given me in the legal circles warms my heart every time. We started the blog before the pandemic and consistently delivered through thought provoking deep dive articles, which is why I believe we have received continued patronage from our readers. It has also become a research tool as many of our hits are straight from google search. I hope we are able to carry on the same way and build it into something bigger, while remaining true to our core principles of creating a more informed arbitration bar and to always deep dive on an issue and discuss the entire jurisprudence, to make it a one stop shop for academic and practitioners alike.
Given the demanding nature of your career, how do you maintain a healthy work-life balance? Also, how do you ensure your well-being safeguarding your personal health and happiness?
Honestly it has been tough to maintain a work life balance. To put it bluntly, personal health does take a toll. In which case it is important to find ways to find your happiness and make sure you put efforts towards it whether it comes from work itself or from your side project. Also, finding 15 mins to 30 mins a day is only possible if you take a definitive stance that working out or eating right is most important to putting in long hours in this profession. I prefer playing table tennis in the evenings and working out in the morning at my home, so that it gives me the mental toughness of working through the day. Funnily enough, physical activity makes me more energetic.
Everyone needs to find their career, fitness and mental health goals and then balance it out. Because one size does not fit all. Most importantly balance does not mean that your day should be balanced. It could also be that you may have 3 hectic days. It is then important to take light on the 4th day and have the regular balanced days thereafter. The above scenario should not be considered as break in the routine, but rather a vehicle moving full speed ahead, which has gone a little off track, post which you take control and steer it back to the centre.
What advice would you give to aspiring lawyers who want to make an impact across diverse areas of law, as you have? Are there any resources or strategies you would recommend for staying up-to-date in the constantly evolving legal field?
My go to practice is reading judgments straight from High Court websites. I track the roster which is currently deciding the matters which are of interest to me and accordingly, read judgments written by them. I start from the bottom so that I know what the court has decided and thereafter read from the top if it is of some interest to me. This has kept me in good stead over the years as I have maintained a digital notebook of these judgments and thereafter used it as a personal repository to research whenever I am faced with an issue of contract law or arbitration. The judgments also give me ideas to write something on a grey area of law which fuelled my writing career. There is no substitute to reading the original judgment, as articles generally are an interpretation of the judgment by the author of the article. The above practice also helps in increasing the speed of reading judgments and to give us a certain comfort while reading judgments. I am sure this practice will help any young professional aiming to improve their professional standing.
What inspired you to pursue a career in law despite having a background in science? What drove you to choose law as your profession, and how did your B.Sc. (Hons.) Computer Science contribute to your legal career?
When I completed my B.Sc. (Hons.) in Computer Science from University of Delhi, some of my friends who had completed their engineering were placed in reputed Patent Analysis firms. A good science background is a mandate to work as a Patent Analyst. I found it interesting too and completed a few online primer courses on Intellectual Property Rights (IPR) from World Intellectual Property Organization (WIPO). I also completed a Patent Analyst training program from an institute and thereafter joined a Patent Analysis firm in Noida. During all this I got a good exposure to IPR laws of India. But after some time, I realised that I needed a degree in law to excel more into this field so that I do not remain confined to the corporate offices and thus I resigned. I cracked the entrance exam and joined the prestigious Campus Law Centre, Faculty of Law, University of Delhi for three-year LL.B.
A background in science gives me an edge in IPR practice. Apart from this, a good understanding of Computer Science helps me a lot in handling cases of cybercrimes.
How was your experience at Campus Law Centre? When did you decide that you will go for litigation?
In CLC, within no time I realised that it was not just IPR laws that I was interested in but in all types of laws. From my first semester at CLC and till date there has never been a second thought in my mind about litigation. Some of my classmates used to do corporate internships, some used to prepare for government exams, some were planning for LL.M. and some used to prepare for the judiciary. I did none of these. Whenever I got time, I used to go to various courts. I used to watch court proceedings and meet various advocates.
From a first-generation lawyer to the Founding and Managing Partner of Sharma and Associates (S&A), how has been your journey? What early experiences in your career were most influential in shaping your understanding of law and motivating you to establish your own practice?
Immediately after completing my LL.B., I joined the office of a senior in my home town where I got initial exposure to drafting and court craft. I started going to various district courts of Delhi and Haryana and also Delhi High Court. Luckily, I started getting my personal cases also from my relatives and friends. I started accepting my independent cases side by side from the beginning itself which cumulatively later helped me in taking the decision of going independent.
I never went for a corporate office. I worked for a very less time with seniors but whatever work I did initially was completely court litigation from morning till evening. I got a full-fledged exposure to the court atmosphere right from the beginning of my career which included interactions with the judges, advocates and court staff.
The kind of work that I got from seniors during initial months of my practice played a significant role in shaping my independent practice. I never used to appear with my seniors in the court. I had to handle cases on my own on the basis of the instructions. This created the platform of self-confidence which later helped me in going independent at a very early phase of my career.
How has your LL.M. (Professional) in Intellectual Property Rights from USLLS, Guru Gobind Singh Indraprastha University, Delhi, helped you tackle complex legal issues in the realm of intellectual property?
It proved to be a very good decision for my career. The class consisted of practicing advocates, AORs, legal officers, judicial officers and government officers. All used to discuss their works and experiences with each other which significantly increased my understanding of the legal profession. I got a network worth keeping for a lifetime.
It was a weekend programme. All the classes and exams used to take place only on Saturdays and Sundays. Thus, my practice did not suffer at all during this course. I recommend this to all practicing advocates in Delhi who wish to pursue LL.M. along with their practice.
The course was not theory oriented for me. I used to correlate my experiences of IPR practice with the lectures and discussions of the professors. The valuable insights gained during the classes and discussions enhanced the quality of my IPR practice.
How do you see the relationship between Alternative Dispute Resolution (ADR) and traditional litigation evolving? When do you think ADR is a more effective alternative compared to litigation in court?
ADR and litigation go hand in hand these days. There are mediation centres in almost every court with well qualified mediators and staff. There are arbitration clauses in almost every agreement which we come across. Lawyers are common to ADR and litigation. A lawyer can represent his client before any ADR process or court as per the situation. People don’t come to the court to fight cases, they come to the court for relief and solutions. Mediation takes place in so many cases in the court on a regular basis. So, an advocate these days must have an understanding and skills of ADR.
We at Sharma and Associates have the objective of providing solution-oriented services to our clients whether it be through litigation or mediation or arbitration. We have this strong philosophy that we charge our client not for the case but for the solution. There is a view that if a case gets settled the advocate will not get the fees which is actually not true. People come to court mostly when initial settlement talks fail. So, if an advocate even then gets the case settled between the parties on the basis of his skills, he can always charge his professional fees.
I always say to the parties in civil and matrimonial disputes that time is money. ADR saves time and money for the litigants. I have personally seen that in settled cases the relation between the parties remains cordial as compared to decided cases. So, ADR is overall good for society as well.
Given your vast experience, what have been the most challenging cases you’ve handled? How did you approach the challenges, and what resources or strategies did you employ?
I had Successfully argued application seeking cancellation of bail of the rape accused before the Additional Sessions Judge (Fast Track Special Court), Tis Hazari Courts, Delhi in 2021. After being granted the bail, the accused had not only launched an aggressive and defaming campaign on Facebook against the victim but had also circulated the victim’s mobile number to various people to harass her. I had been representing the victim pro bono right from the beginning in that case which involved allegations of rape on false pretext of marriage and cybercrime. It took several rounds of arguments by me and consequent detailed investigation by the police team to satisfy the Hon’ble Court about the misconduct of the accused.
I had Secured Anticipatory Bail for my client in an alleged cheating case (420 IPC) of Rs. one crore related to FMCG goods in 2023 from the Sessions Court in the very first attempt itself. The complainant in that case was a mighty man with very good connections in the Police department and Court. I started my submissions with the clear facts and concluded with the settled laws through case laws. I addressed and satisfied the Court as to why the Custodial Interrogation of the accused was not required in the case. I also relied on the observation of the Supreme Court in Gagan Banga v. Samit Mandal & Anr. [Criminal Appeal No. 463 of 2022] that continuing trend of projecting purely civil financial dispute as criminal matter despite repeated judgments appears extremely disturbing.
Considering the demands of your profession, how do you manage to maintain a work-life balance? What strategies do you implement to safeguard your health and well-being while balancing a busy legal career?
The issue of work-life balance comes before only those people who either take their work as a mandatory burden or who lack interest in their work. For me work and life are not different things. I don’t agree with people saying their work is their life either. Were you not living when you were not working? Will you not live when you will stop working? Work is a very important element of life but remember it is just one of the elements of life. Indulge in your hobbies, spend time with your family and friends, go on vacations and always spare some time for your body and mind.
I always ask my team to complete preparations for the cases of the coming month well in advance. I keep a note of pending works whether it be professional or personal in my phone and keep updating it. It is advisable to include different heads in this note like drafting, calls, research, meetings etc. I keep my clothes, bags and files ready for the next day before going to sleep to avoid hurrying in the morning. To be very honest it is not possible for me to go to the gym every day. I wake up a little early in the morning and do light exercises and meditation every day. I practice gratitude in the morning and evening every day to keep myself away from stress. I avoid using lifts whether it be courts or any other places. I can comfortably use stairs for going to the court rooms even on the seventh floor.
For aspiring lawyers who wish to make an impact across various areas of law, what advice would you offer? Are there any specific resources or approaches you recommend to stay current with the ever-evolving legal landscape?
Don’t just focus on learning law. That is essential and mandatory for the litigation career but not sufficient. Keep your eyes and mind wide open. Observe and understand the society around you. Observe and understand the people around you. Your understanding of the society and the people must keep improving. People of all age groups will come to you for their legal problems. Your personality must reflect a certain level of maturity regardless of your age.
Networking is another essential requirement for litigation. Don’t meet and network with people just to expect cases from them. I have seen people doing that but trust me it won’t take you long. Keep building long term meaningful relationships and cases will come to you as a side product.
There is always a great emphasis on reading judgments of the Supreme Court and the High Courts. That is essential but not sufficient to excel in trial litigation. When I started my practice in trial courts, I adopted a different approach. I used to arrange and read the judgments of the trial courts where my cases were pending. Judgments of the trial courts contain facts, replies, issues, evidence, chief examinations, cross examinations, laws, arguments, relied citations and conclusions. By reading a trial court judgment, you can learn how to fight that type of case on behalf of either of the parties.
During initial years of practice, a young lawyer should accept all types of cases and legal queries. This makes your foundation strong. Later you can narrow down your areas of practice as per your interests and circumstances. Try to join a senior who allows you to take up your independent cases. Remember that the habit of salary is a slow poison if you wish to set up your independent practice. Aim to set up your independent practice at a reasonable early phase because later going independent becomes more and more difficult due to financial and other reasons. Some young advocates start their independent practice in partnership with other advocates which gives many benefits if goes well.
With over 17 years of experience, what initially motivated you to pursue a career in law? Was it your first choice, or did you contemplate it later in your academic journey? Additionally, could you share your experience in law school, and how did pursuing your master’s degree further shape your professional path? My entry into the field of law was not by chance, it was a well-thought-out decision. From childhood, my teachers and elders use to praise me for my analytical skills and attention to detail. They suggested I consider joining the field of law. When I was in 10th grade, my father took me to various career counsellors, where I underwent aptitude tests. By unanimous recommendation, the field I was advised to pursue was law. That was when I decided for certain that I wanted to pursue career in law.
After completing my 10th grade, I began preparing for entrance exams. I took entrance exams for various National Law Schools and cleared some of them. My ranking in Guru Gobind Singh Indraprastha University was good, and since I was from Delhi, I decided to pursue law here being home State.
I graduated with “First Class”. While pursuing law, I also did my PG Diploma in “International Trade and Business Law” from the Indian Society of International Law. I completed a summer course on International Trade Law at the same institution and also earned a PG Diploma in Corporate Law from Amity Law School. I also worked as a Rapporteur at the Indian Society of International Law and contributed to a project with the Ministry of External Affairs in the Legal and Treaties Division.
I was fortunate to receive a conditional offer for admission to the prestigious London School of Economics (LSE), one of the world’s most esteemed institutions. I also received admission to the National Law School, Bangalore, for an advanced course. However, I couldn’t pursue it because I became deeply involved in litigation.
I always wanted to pursue my master’s in London, and I collected numerous brochures during seminars. But, as they say, “Destiny” intervened. In my last semester, I had to undergo an internship, and I was fortunate to secure an internship with an Advocate-on-Record at the Supreme Court of India. This was when I decided to postpone my aspirations to study abroad, as I got deeply engrossed in court work, and the desire to pursue a master’s degree faded.
After almost 15 years in the profession, I finally did my master’s. Alternate Dispute Resolution (ADR) has always been close to my heart, so I pursued an LLM in ADR. Doing my LLM in this field allowed me to go back to the basic textbook style of learning, while my professional experience helped me understand the subject better and connect with it.
During the early stages of your career, you must have encountered numerous valuable learning experiences. Can you highlight one particular experience that has stayed with you, and how did you navigate through the challenges of those formative years in your profession?
This is one of those professions where challenges arise every minute, so one has to be ahead of the curve at all times. Even while drafting, you must put yourself in the shoes of the other side to anticipate what their response might be. As they say about the art of cross-examination, “Don’t ask a question to a witness until you know what answer the witness will give.”
Law is a profession where every day is a new learning experience. One simply has to remain open to it. While “stubbornness” may be a strong word, it is essential to survive in litigation, especially as a first-generation lawyer. The key is never to say “NO”. I’d like to quote Sylvester Stallone from Rocky Balboa (2006): “It’s not about how hard you get hit; it’s about how hard you can get hit, how much you can take, and keep moving forward.”
Honestly speaking, there is nothing like “formative years” in this profession. You never truly settle, you comparatively settle. Instead, one reaches a point where you become more cautious because more eyes are on you, and one wrong move can be detrimental. As you gain more years in the profession, you become more cautious, as people are watching and waiting for you to make a mistake.
One learning which I got was, Court is the new class room , try spending as much time possible listening to arguments in matters. Court room is one such place where many facets law and facts are discussed and subconscious mind silently develops legal aptitude.
What inspired you to establish your independent legal practice, and what were the initial challenges you encountered while setting it up? How did you navigate through these obstacles, and what strategies or lessons learned during this phase have contributed to the growth and success of your practice today? The initial challenge is always managing daily expenses, especially in the early days. However, this was not much of an issue for me, as I am a workaholic and found ways to secure work to keep myself going. There is no shortage of work in this profession, but one must be willing to take on challenges and spend sleepless nights.
The advice I would give is that if you develop a skill, there’s no looking back. There are no shortcuts in law, one must work hard to chisel your abilities.
In your experience as panel counsel, could you share your experience working with organizations such as the Delhi Development Authority? What variety of cases did you deal with, and were there any particularly interesting cases? I have served as panel counsel for various government departments, including the Delhi Development Authority (DDA), Indian Tourism, LIC Housing Finance Limited, Delhi Legal Services Authority, and as Amicus Curiae with the Delhi State Consumer Commission, among others.
Serving these government departments gave me extensive exposure to a variety of cases, including real estate, consumer, matrimonial, and criminal matters. This experience helped me understand the workings of government departments, particularly how files move within the system and the importance of an internal Office Noting.
Every case is unique , so talking about one would undermine others. In one case, I was defending a landlord against a tenant who was very intelligent. Before cross-examination, the opposing counsel whispered to his client to deny everything. The opposing counsel was so confident in his client’s preparation that he sat at the back of the courtroom.
I confronted the witness with his signatures on the suit, and the very natural answer was that they weren’t his. This simple answer won me the case, as it invalidated the plaint. Immediately afterward, the other side tried to file an application to bypass the situation, but the damage was already done.
With your extensive experience serving both private clients and government departments, how do you manage the differing legal needs of these two client types while upholding the same level of dedication and excellence in your service? Whether representing private clients or government entities, the law remains the same. However, there are different demands based on the client type.
For instance, for a private client, developments in a case can often be communicated via phone, and that would suffice. For a corporate client, each step must be explained in writing, and updates must be communicated via email to all relevant stakeholders. Similarly, when working with the government, you must ensure that every action is recorded in the official file and directed to the correct officer.
A lawyer dedicated to their work will treat both private and government clients with the same level of service. Both types of clients ultimately want to win and be represented effectively.
Reflecting on your extensive legal experience, what has been one of the most intellectually challenging or intriguing cases you have handled? How did you approach the case in terms of legal strategy, preparation, and research, and what key insights did you gain from navigating such a complex legal matter? All cases are challenging and teach you something new. With each case, we return to the drawing board to research every aspect of it.
At times, lawyers become so focused on a case that they lose sight of the core issue. For complex matters, we often peel back the layers one by one, only to realize that the issue was simpler than initially thought. The key to cracking a case is to follow the old-school method, read the file carefully without focusing on the law first, understand the facts, and then apply the law.
In your experience working with corporate entities and managing cases related to real estate laws, what key pitfalls do these entities often encounter? What proactive measures or legal safeguards would you recommend to mitigate these risks from the outset, ensuring smoother transactions and compliance throughout the process? Faulty paperwork and inadequate due diligence are common problems in real estate matters. Many clients have projects in different states, and each state has its own peculiarities regarding record-keeping, such as local language requirements or state notifications, which corporate entities may overlook.
While due diligence is generally conducted when purchasing land, local experts familiar with regional laws should also be involved in the process to ensure proper compliance.
Balancing a demanding legal career with personal life is undoubtedly challenging. How do you maintain a balance between your professional commitments and personal well-being? What strategies do you employ to preserve your health and overall well-being while excelling in such a demanding profession? It is indeed very difficult for a first-generation lawyer to maintain a balance between personal and professional life and give equal attention to both. A first-generation lawyer faces many challenges, such as engaging and retaining competent staff, as well as maintaining an office, which many second or third-generation lawyers don’t face.
One must work late nights, miss family engagements, and be available even on holidays to meet clients’ needs and deliver timely services. Additionally, corporate clients often work in different time zones, so we must be available 24/7 to respond to queries or emails.
No doubt, this takes a toll on one’s health—grey hair and signs of aging appear earlier than expected. However, the adrenaline rush that this profession provides compensates for the physical toll. Post-COVID, work has become easier in some ways. Virtual hearings and digital tools have made it possible to work from anywhere in the world, making it more convenient for lawyers, especially first-generation ones.
With your expertise spanning multiple legal domains, what advice would you offer young lawyers aspiring to develop a diverse practice similar to yours? What essential skills and qualities do you believe are necessary for success in these competitive and multifaceted fields? Discipline and consistency are the most important qualities I would recommend to any young lawyer entering the profession. By discipline, I don’t mean waking up at 5 a.m. and working late nights, but maintaining a consistent level of reading. Whether it’s law books, self-help books, or spiritual texts, consistent reading is crucial for any lawyer. Without it, a lawyer will not be able to make a mark professionally.
So, be consistent with your reading, stay true to your work, and always advise your clients to the best of your abilities—not just to draw money from them, but to provide the right advice. Gone are the days when lawyers could manipulate clients for unnecessary fees; today’s clients often come prepared with knowledge from resources like Google.
This experience reinforced the idea that litigation is a double-edged sword. Your success or failure often depends on both your preparation and your client’s actions. A well-read lawyer will earn the respect of judges and peers alike, and this silent appreciation will aid your future success.
You completed your law degree in 2015. Was pursuing a career in law something you had always planned, or did it develop as an interest over time? What early experiences solidified your decision to pursue a legal career?
Interest towards law developed during secondary school when we were introduced to Political Science where we studied about the Constitution and rights. Since then I have had a keen interest in law. Although at that stage we lacked information regarding different laws viz. civil laws, criminal laws however I wanted to dig more into the subject and gain knowledge beyond the syllabus. I opted for science in my high school but It was only after high school, I decided to pursue law as a career.
Regarding experiences that solidified my decision to pursue law as a career would more be attributable to the fact that back in late 2000s, engineering was getting very popular and engineering was the most common career choice. I did not want to pursue engineering and pursuing law as a career made me stand out from the general inclination towards engineering. Moreover it was more of a practical decision to choose law as I believed that engineering as a career had reached its saturation.
In the early stages of your career, you worked as a legal executive. How did this experience shape your understanding of the law, and in what ways did it contribute to your professional growth and career trajectory?
I joined Sand Legal Services Pvt Limited and we provided compliance services to our clients. The scope of work was client oriented where in we had to navigate through the business of the client and understand what statutory compliances are to be observed by the client so as to avoid any penal repercussions upon the client. At Sand Legal Services, I understood the importance of due diligence and compliance for the smooth functioning of any business. At Sand Legal, I had the first experience of catering to the needs of client myself being a lawyer. Since the stakes were high, any omission could not be afforded and an eye for detail developed. At Sand Legal, other developments also happened viz improvement in communication skills which is an essential part in modern advocacy especially when you are dealing with corporate clients. At Sand Legal as part of job, I read bare acts such as Factories Act, Shops and Establishment Act, Legal Metrology Act, Payment of Wages Act etc line by line and their corresponding state rules. A habit of reading bare acts and applying the law into the realm is what I would say was a take away from Sand Legal.
I would say my first job at Sand Legal gave me a first hand experience in the field of law and I was fortunate that my superiors were present to correct my mistakes but eventually I learned that mistakes while dealing with law are costly which was handy in my future roles.
After working in an in-house legal capacity, you transitioned to litigation with a law firm. What motivated this shift, and what cultural differences did you observe between working in-house versus within a law firm environment?
I had gained two years of experience in due diligence and compliance at sand legal, although for a subject which is so vast, two years of experience is negligible. However while working at Sand legal, I had made up my mind that it would be better for me to build a career around litigation.
It would not be possible for me to effectively differentiate my experiences at Sand Legal and in a Law firm dealing in litigation. Even at Sand Legal, the role was not purely in-house but more of client-oriented which is as of any law firm. The striking difference is only that in a Law Firm, focus shifted on litigation, rather than due diligence and compliance. The Setup at law firm and Sand Legal was in principle alike. Both the organisation endeavoured towards client services. On one hand where Sand Legal attempted due diligence and compliance which play a key role in avoiding litigation, at law firm litigations were handled. The stakes are much higher in litigation as litigation is the last resort, I would say and therefore the advocates are in a better position to command the strategy and path for safe exit of the client from the legal conundrum.
After gaining valuable experience with several legal entities, you chose to establish your own practice. What inspired you to take this step, and did you face any significant challenges when founding KPNJ LEGAL?
Starting my own practice had been my objective since the beginning of my career. It was important that I train myself under able guidance so to begin my law firm KPNJ Legal.
There were difficulties initially and continue even today. For any person who wishes to start his own setup in any profession or business, finance is the biggest concern. A profession like law may not need a high capital investment as compared to any other profession, however for a young advocate who wishes to setup his own office, he/ she must bear in mind that he may continue bearing expenses towards his office rent, juniors without any inflow of money and that may last for months until you land clients who graciously pay. Another challenge is that landing clients should be regular because you have to maintain an office.
The role and focus of a litigator shifts from only being a student of the law to different other roles viz he has to work towards networking so that clients keep coming and secondly he steps into managerial shoes where he has to manage affairs of his office, the deputation of his juniors, clerks in various courts etc. These challenges do not end with time but keep on growing with time if you are on the right track and if you have a growing practice.
How do you approach civil litigation cases, especially those involving recovery, damages, and rent control issues? Could you share some of the most notable challenges you’ve faced while handling injunction and declaration suits?
First thing first, in any case involving civil, criminal or any other sort of litigation is that I have to get my facts right. By the phrase get my facts right, I mean that I should understand the unfolding of events in chronological order. If only I understood the facts, I would be able to contemplate the relief that I desire from the courts. Facts and relief are the backbone of draft in civil litigation. Knowledge of law plays along in the process of drafting. Questions such as whether I have taken adequate measures to curve out the cause of action, court fees, limitation, jurisdiction and whether the relief I am seeking is tenable in law are to be addressed and envisaged in the draft itself. The challenge is that your case should not be dismissed for any of the aforesaid reasons.
Regarding injunction and declaration, I would narrate a very recent case which is still ongoing in a civil court in Delhi. Some person whose application for interim restraint was dismissed approached me and I was given the brief to file an appeal for the same. The trial court had observed that the possession of the person over property qua which restrainment order was sought is not prima facie clear. Our ground of appeal was that the trial court erred in observing that the possession was not clear. Ultimately the order of the trial court was overturned and interim stay was granted. Now in this case, the trial court has come up with another issue that is in regard to its jurisdiction. Since the reliefs are constrained to injunction and declaration and fixed court fees have been paid, the trial court has questioned us regarding the value of suit for the purpose of jurisdiction. When it comes to recovery cases, damages, rent control where a certain liquidated amount is in play, the jurisdiction of courts become very clear but with the case in hand which seeks injunction and declaration, the value of the suit for the purpose of jurisdiction is to be satisfied to the court.
In your arbitration practice, particularly with cases before DIAC, what common issues do you address, and what strategies do you employ to ensure successful resolutions for your clients?
DIAC has a large panel of wonderful arbitrators who are competent enough to understand the complex nature of commercial transactions and adjudicate upon it. The Infrastructure at DIAC is again State of the art. The deputy counsels are prompt. The information system regarding dates and orders are also functional. Overall the dispute resolution experience at DIAC is wonderful.
However a major issue which I believe at DIAC is its fee structure which I would say is on a higher side. When there is a dispute between two corporate giants, they have budgets to pay the DIAC fees but on the other hand proprietorship firms,
MSMEs who prefer Arbitration outside the scope of MSME Samadhan, individuals, and small businesses may find it difficult to pay the fees at DIAC. No wonder to maintain a world class centre such as DIAC, enormous money has to be spent, but then again the purpose of ADR which should be quick and cost effective resolution is being defeated.
The other major issue is that there is no effective way to compel the Defendants to pay the DIAC fees. In case defendants do not pay his part of fees, the claimant is burdened to pay the same to keep his case going. Later the claimant can execute the decree and recover the fees but the fact that a person already in distress has to pay for the cost of another party seems unfair.
Sadly no strategy can be adopted to overcome this situation. However, since you ask, I would narrate a recent incident at DIAC where the claimant had approached DIAC and I, being from the defendant side, appeared before the DIAC. Settlement was reached between the parties and the arbitrator was informed of it. The Arbitrator ordered that a claim petition should be filed and accordingly consent decree was to be passed. The claim petition had to be invited to ascertain the DIAC fees. The Claim petition was filed, the DIAC fees was ordered to be paid but subsequently now the claimant has stopped appearing before the DIAC. The matter is still pending. It would be interesting to see what methods are adopted to recover the fees.
As global compliance becomes increasingly important, how do you ensure compliance with international legal standards? Could you share an example where global compliance considerations had a significant impact on a case or transaction?
Global Compliance has several verticals viz ESG Standards, Whistleblower policy, privacy policy, anti-corruption and bribery policy etc. A corporate should ensure that he has a functional and well documented policy for all the above. It should be ensured that the policies are strongly implemented. As an advisor, my duty is to keep my clients updated of the changes/ updates in the compliance sector. Framing of policy is a one time thing but keeping the policy updated is a continuous practice wherein my role becomes significant. Ensuring that the policies are implemented in letter and spirit is also a continuous process. Compliance audit is an effective way to ensure compliance.
In practical scenarios, a balance has to be drawn between companies’ operation and growth that sometimes may not align with ESG standards.
Balancing a demanding career and leadership responsibilities is challenging. How do you personally maintain work-life balance? Additionally, what steps do you take to foster a healthy work-life balance within your team, while still driving professional success?
It’s true that leadership responsibilities shift focus from the core nature of work that is to study and practice law. The focus shifts rather to team members performing well but it has a positive aspect. We are as good as our team. A well groomed team makes things simple.
To me personally work life balance has never been an issue. Time management and plans made well in advance avoid chaos at the last moment. Yes there are times when an unplanned meeting comes up or an exigency erupts, court hearings elongate etc and then I need to prioritize things which may be difficult sometimes
The same goes with team members. However a strong team keeps things moving despite challenges and individual absences. I believe that work is a part of life and one should not draw rigid boundaries between them. If there is an exigency during the office hours, I would not see the pending works and the same goes the other way that if there is midnight call at work of importance, I should attend to it.
However such situations are rare and with efficiency, time management and planning one may need not to bother about work life balance.
What advice would you offer to aspiring lawyers looking to make a meaningful impact in diverse areas of law, as you have? Are there any resources or strategies you would recommend for staying current with the constantly evolving legal landscape?
I am still a young and aspiring lawyer, I would say. But yes, few things have worked for me which I can share. First of all, study. Not only the brief we have at hand but also some articles, some judgement, legal news etc which are published. Read Judgments. That would clarify the concept of law, increase your vocabulary and enhance your language which will help in drafting. When it comes to artistic literature, there is a popular saying that if you read one thousand lines, you would be able to write ten lines. Same goes with the profession, If you read, then only you can draft, either it be a contract or petition.
Live law and Bar and Bench are great platforms to know and remain updated with things happening in Indian Courts.
What initially motivated you to pursue a career in law? Could you share your experience at NLIU and what inspired your early interest in Alternative Dispute Resolution (ADR)?
I knew by the 8th grade that I wanted to be a lawyer. Initially, I aspired to be a corporate lawyer (blame shows like Suits), but my law school internship in the dispute resolution team of a law firm, shifted my focus towards dispute resolution.
NLIU played a crucial role in shaping my career as this pivotal phase provided me with an opportunity to interact and collaborate with brilliant minds from various backgrounds, an experience that not only enriched me personally but also broadened my perspective as a budding legal professional. I actively participated in co-curricular activities, including parliamentary debates, where I realized I enjoyed adjudicating more than debating. My participation in an investment arbitration moot sparked my interest in international arbitration, a path I have professionally reconnected with in recent years.
My first mediation competition in my third year was a turning point, when I won my first individual mediator award in INADR Boston, and later represented NLIU in three more international mediation competitions in INADR London, INADR Chicago, and ICC Paris. These experiences, coupled with internships at leading law firms, cemented my passion for ADR. I was also deeply involved in NLIU’s ADR Cell and later served as its Co-Convenor.
What were the most impactful experiences from your early years as an associate, and how did they shape your legal career?
Starting my career at M/s Federal & Rashmikant, a boutique law firm (dissolved in 2018), was a transformative experience. I had the privilege of being mentored by highly sought after senior professionals with over 40 years of expertise, which gave me invaluable early exposure to handling complex disputes. I later continued working as a Senior Associate with Rashmikant and Partners. The firm is renowned for handling high-stake and complex disputes where I was exposed to a diverse range of legal matters, from civil and commercial litigation to ad hoc arbitration and mediation, even delving into the intricate realm of financial disputes and white-collar crime.
Very early-on in my career, I was entrusted with significant responsibilities of handling clients, briefing senior counsels, and managing cases independently under partner supervision. I learned the importance of every step in dispute resolution, from drafting the first correspondence, seeking inspection and discovery of documents, to developing strategy, and ultimately securing the final order. This hands-on experience instilled in me a detail-oriented yet practical approach to legal problem-solving, which has guided my career ever since.
What motivated you to pursue an Advanced LL.M. in International Dispute Settlement and Arbitration at Leiden University? What challenges did you face during the admission process, and how did the program shape your career?
Before applying, I ensured that I knew what I wanted to study and why. I was certain I wanted a specialized LL.M. in international dispute settlement rather than a general LL.M., which helped me streamline my choices.
Leiden University stood out due to its well-balanced curriculum providing the perfect blend of Public International Law, International Investment Arbitration, International Commercial Arbitration, as well as Negotiation and Mediation, all taught by leading experts in the field. This coupled with the university’s proximity to international organisations, courts and tribunals in The Hague offered unparalleled opportunities for practical insights and networking.
The application process was competitive, requiring a strong academic and professional profile. My time at Leiden University significantly shaped my career, exposing me to diverse legal professionals as peers and professors who helped me in building a strong foundation in international dispute resolution.
How did you manage the transition from an Indian legal background to an international career? What challenges did you face?
For an Indian dispute resolution lawyer, transitioning internationally often starts with an international master’s degree. Hence, I researched my options and pursued a specialised master’s. Building an international career has undoubtedly been the most difficult challenge in my legal profession thus far, as there is no red carpet laid out for Indian disputes lawyers. The competition is fierce, and the international market is often saturated and full of international professionals with intimidating profiles.
The only factors that I had on my side were hard work, persistence and a strong support system in the form of my family and friends, who stayed by my side while I made hundreds of applications and dealt with innumerable rejections. In order to continue upskilling myself and in line with my passion for meditation, I obtained an accreditation from ADR ODR International Ltd. as a Civil/Commercial Mediator. I also ensured that I engaged in networking both in-person and virtually with professionals across Europe, United Kingdom and Asia. Additionally, I offered legal services independently while I looked for positions which helped me to keep testing my legal skills and broadened my industry connections. Lastly, I kept myself abreast with the legal updates, which does not necessarily have to come from paid platforms.
How has working across multiple jurisdictions—India, the UK, the Netherlands, and Singapore shaped your approach as a legal professional?
Growing up in Indore, a city in central India which is rich in diversity and tradition, I naturally developed an ability to adapt to different cultures and environments. This adaptability has been instrumental in navigating the complexities of working across multiple jurisdictions.
Working for five years in the Indian dispute resolution market has undoubtedly given me a strong foundation to build on. At WilmerHale, I gained firsthand experience at a top-tier international arbitration firm, working alongside some of the biggest names in the field of international arbitration. In the Netherlands, I worked independently, deepening my understanding of both common and civil law traditions. Each jurisdiction has its own legal framework, procedural nuances, and cultural approach to dispute resolution. For me, the most compelling aspect of international dispute resolution is that it provides the opportunity to delve into different legal jurisdictions, giving an insight into different ideologies and view-points of international professionals and parties from different nationalities.
Now, at the Permanent Court of Arbitration, I’ve transitioned from private practice to an intergovernmental organization, which required a shift from an adversarial approach to a more neutral and institutional perspective. This transition has been a process of both unlearning certain practices and acquiring new skills to adapt to a more balanced and procedural role in dispute resolution. Every step in this journey has broadened my perspective, reinforcing the importance of adaptability, cultural sensitivity, and a deep understanding of international dispute resolution mechanisms.
What advice would you give to aspiring lawyers seeking to make an impact on the international legal stage?
Beyond academic credentials, one must actively develop skills that align with international legal standards and help you stand out. Networking, gaining practical exposure, and continuously upskilling are crucial. Every Indian-origin professional that I’ve met, who successfully transitioned internationally has had a unique journey marked by rejections, hard work, persistence and resilience.
Stay informed about emerging legal trends through academic journals, online courses, and professional seminars. Network strategically by connecting with professionals in positions you aspire to be in, and learn what skills are in demand. Be proactive in gaining experience.
Unfortunately, there is no cookie-cutter formula to this. At the risk of sounding like a broken record – it is only a commitment to keep growing and the willingness to adapt.
How do you see technology evolving in dispute resolution, and what impact will it have on efficiency and accessibility?
Technology is revolutionizing dispute resolution, making it more efficient, cost-effective, and accessible. The rapid adoption of virtual hearings, AI-driven legal research, and online dispute resolution platforms has eliminated geographical barriers and enhanced access to justice.
COVID-19 accelerated this transition, normalizing virtual court hearings and international arbitrations via video conferencing. AI now assists in legal research, document review, and predictive analytics, allowing lawyers to develop stronger arguments faster. However, technology also brings challenges, including cybersecurity concerns and the digital divide, particularly in developing countries.
Ultimately, while technology enhances accessibility, dispute resolution will likely follow a hybrid model. In-person hearings will remain crucial in certain cases, such as family mediations, where personal interaction is essential. Legal professionals must stay adaptable and embrace technology while ensuring it complements, rather than replaces, critical legal judgment.
Given the demanding nature of your career, how do you maintain a healthy work-life balance? How do you encourage your team to do the same?
Work-life balance is one of the biggest challenges for legal professionals worldwide. It’s unrealistic to expect a perfect balance every day. What matters is prioritizing effectively and being fully present in whatever you’re doing.
I make time for personal life, even in small ways – whether it’s a morning coffee ritual, reading during my commute, or setting aside dedicated time for family and friends. I also enjoy playing the ukulele time to time. Some days work demands more, and some days personal life takes priority, but balance is an ongoing process rather than a daily equation.
Having a hobby, as simple as reading, playing music and writing helps maintain personal well-being. Most importantly, building a strong support system is key. The legal profession is demanding, with inevitable highs and lows, and a reliable support network of family, friends, and peers is what sustains you through it all.
With over a decade of experience now, what initially sparked your interest in pursuing a career in law? Was it a deliberate decision to enter the legal profession, or was there a specific event or experience that inspired you to take this path?
I never had to look for inspiration beyond home. My father, Justice Ajay Kumar Tripathi, was a first generation lawyer, who in turn was encouraged to pursue law by Prof. N. Madhava Menon, the architect of modern legal education in India. Watching my father burning the midnight oil in preparation for matters, and listening to his stories about particularly challenging days in court was always fascinating. Even as a child I could glean that here was a career that encouraged inculcating intelligence, quick thinking, and an ongoing quest for knowledge coupled with an element of public service.
By the time I was at the cusp of entering college, my father was elevated to the bench, which gave me fresh and unprecedented insight into the gruelling demands of the profession, not only as part of the Bar, but even on the Bench. Having an innate inclination towards humanities over the sciences, I loved studying history and political science and ultimately, decided to appear for the law school entrance exams.
During my time at NUJS, Kolkata I endeavoured to gain a broad spectrum including during internships. In my penultimate year of law school my elder sister, also a lawyer, advised that I apply for an internship with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi (now Shardul Amarchand Mangaldas/SAM). I interned with the Litigation and Disputes Resolution practice area at AMSS. I assisted the associates in active matters with research and drafting. It was exciting and challenging, and led me to realise that litigation was my true calling. Having liked my work, AMSS recruited me while I was still in my 5th year.
Having worked with several distinguished legal chambers and law firms, how did these early experiences shape your approach to legal practice? Are there any key lessons or insights that you gained from these experiences that continue to inform your work today?
My litigation journey started with the Litigation and Disputes Resolution Team at AMSS. AMSS is one of India’s top-tier law firms, while you feel fortunate to be a part of the organization, life at a law firm is gruelling. The long hours, in a high pressure environment is ‘baptism by fire.’ However, working at one of the leading law firms of the country, I learnt to emulate the industry’s best. Law firms give you great exposure, both at a professional and personal level. Handling high stakes matters, I inculcated critical thinking, which makes for a good lawyer, and as a solicitor, I also mastered skills like time and client management. The most important skill I imbibed at AMSS was attention to detail. Another learning from Mrs. Pallavi S. Shroff, the Managing Partner was to always be prepared with the brief, even if you are the junior-most lawyer on the matter. She guided young lawyers to learn every aspect of the matter, including the most fundamental things like ensuring no typographical errors, correct pagination of briefs, preparing proper case compilations, and brief management. Even now in the era of digitisation, these skills continue to serve me well and have set high standards for my final work product.
Wanting to be in courts more regularly, I joined the Chambers of Mr. Paras Kuhad, Senior Advocate and Former Additional Solicitor General of India. The experience at a senior’s chamber after a law firm was equally if not more challenging and demanding. The most important insight Mr. Kuhad provided was that as a litigator one has to marshall the facts of a brief. Arguments may be subjective, depending on the side you are defending, but not the facts. In court, I frequently see Judges calling upon young counsels to apprise them on the facts of a petition. Judges are always encouraging of juniors who are well prepared. As a young counsel, to receive a compliment from the court is an unparalleled feeling, and goes a long way in building your confidence. This also instils a sense of ownership towards the brief.
I also had the privilege of being a part of Mr. P.S. Narasimha, Senior Advocate’s chamber (as he then was). While the volume of work made it a high pressure work environment, it was also the most ideal office, with an exceptionally congenial atmosphere. The biggest insight I garnered during my time there was that – with the right attitude and guidance, people thrive and are encouraged to show up and give their 100% every day. As a part of Mr. Narasimha’s office, I worked on matters, which engaged the attention of the nation. Observing Mr. Narasimha, I learnt that keeping your composure, no matter the complexity of the brief, is the touchstone of a good lawyer, and also of a good human being.
Undoubtedly, the common thread running through all the offices I have been a part of is that there is no substitute for hard work in our profession.
After gaining experience with various legal entities, you chose to establish your own practice. What motivated this decision, and what challenges did you face in the early stages of building your independent practice?
While mentorship under a Senior Advocate helps lay the foundation to your foray into the practise, it is still a bubble. I had already received a taste of solicitor practise, and realised I enjoyed being a litigator more. Therefore, instead of going back to a law firm, I dove into the deep end.
I decided to go independent while the world was still overcoming the rigours of the pandemic. It was daunting, and there were difficult days. Work was slow and sporadic. After being accustomed to working at a 100 miles an hour, 7 days a week, for close to a decade, this was a new normal. I had to make peace with a different pace. As a silver lining, I got time to prepare for the Advocates-on-Record Exam, which I cleared in 2022.
The idea is not to get disheartened. Litigation is a patience game, and the patient are surely rewarded. 4 years later, slowly yet steadily, work and clientele has grown, and life has come a full circle. The familiar hectic nature of the practise, 7 days a week is back. I have come to relish it as I now get to work on my own terms.
Being an Advocate on Record, what are some of the most challenging legal issues you have encountered? How do you approach representing the Government in the Supreme Court, and can you share an example of a significant matter you handled for the Union?
The Advocate-on-Record is a bridge between the clients and the court, ensuring compliance with legal formalities and maintaining the integrity of the judicial process. Managing client expectations along with the strict scrutiny from the Court is a fine balance to be struck on a daily basis.
As Panel Counsel for Union of India, the challenge arises from the multifaceted nature of litigation involving the Government of India. Representing the government requires a nuanced understanding of both legal and administrative issues, with the added pressure of ensuring that the legal positions are consistent with existing policy and legislative frameworks. In cases involving matters of national significance — such as land acquisition, criminal laws, or fiscal regulations — the government’s stance must be defended without compromising on constitutional principles. One dons two hats in such cases, i.e., that of a counsel and also an officer of the court. The responsibility and care when drafting on behalf of the government is also greater. This demands an in-depth grasp of public law, detailed preparation, and an ability to respond swiftly to dynamic legal developments in a high-pressure and high-stakes environment.
My approach to high-stakes matters involves meticulous preparation and intelligent strategizing. One has to be ready for all possible questions that fall from the Bench. By being proactive, I work towards achieving favourable outcomes even in the most complex issues and questions of law.
You represent a variety of public-sector organizations. How do the legal challenges differ when representing government-owned entities compared to private clients? What strategies do you employ to address complex issues, particularly when public interest is at stake?
The most significant challenge is striking a balance between the rights of individuals, the existing policy framework and the larger public interest, especially in cases that involve public welfare or environmental protection. In such cases, stakes are often high, and the outcome can have far-reaching consequences. Additionally, interpretation of laws, particularly in unchartered questions of law and in evolving social and political landscapes, add a layer of complexity that requires constant adaptability and precision.
You have represented clients in arbitration cases involving significant monetary stakes. Can you elaborate on your approach to high-stakes arbitration and the strategies you employ to achieve favourable outcomes? Additionally, how do you navigate the complexities of cross-border disputes, especially those involving international arbitration bodies?
In high-stakes arbitration, my approach centres on a deep understanding of the legal nuances, the facts of the case, and the business interests of my clients. With significant monetary stakes involved, my priority is to build a strategy that is both legally sound and strategically astute.
First, I focus on thorough case preparation. This means not only understanding the applicable law in-depth but also conducting a meticulous review of the evidence, the contract terms, and any prior communications that could impact the dispute. I always anticipate potential challenges and prepare pre-emptive responses. At the same time, I try to understand my client’s broader goals—what outcome they are hoping for beyond just the legal victory—and this informs how I present the case.
A key part of my strategy is identifying and leveraging early opportunities for settlement or negotiation. Arbitration, while a powerful tool, can be a time-consuming and costly process. If we can settle on favourable terms, I pursue that route, ensuring my client secures a win without unnecessary delays. I assisted Mr. Narasimha in drafting the Mediation Bill under the aegis of the Supreme Court Mediation and Conciliation Project Committee. In the course of the same, I realised the merits of Mediation in assisting clients finding speedy resolutions to their disputes, while the courts grapple with pendency. However, when arbitration is the only viable option, I embrace it fully and leave no stone unturned in presenting the case at its strongest.
In terms of navigating the complexities of cross-border disputes, especially involving international arbitration bodies, I recognize that each jurisdiction has its own unique set of rules and procedural nuances. My approach to cross-border disputes is based on a clear understanding of both the international arbitration framework and the local legal systems at play. This includes knowing the procedural rules of the institution governing the arbitration, anticipating enforcement challenges, and managing any potential jurisdictional issues that arise.
International arbitration requires a blend of legal expertise and global perspective. I pay careful attention to jurisdictional choices, as these can have a profound impact on the outcome. A robust understanding of public international law, private international law, and the evolving trends in international dispute resolution ensures that I can effectively navigate the complexities of cross-border disputes and craft arguments that resonate with international tribunals.
Finally, I focus on maintaining effective communication with all stakeholders involved, including clients, opposing counsel, and arbitrators. Building trust and confidence in my representation is critical, especially in high-stakes matters where the pressure is intense.
Looking back, what has been one of the most interesting or difficult cases you have handled? How did you approach and navigate the complexities of that particular matter?
While every case presents its own complexity, in the past couple of years, I have had the privilege of being part of legal teams appearing before Constitution Benches of the Supreme Court. It is incredible. The matters that stood out for me are – the Ayodhya Ramjanmabhoomi Dispute, In Re: Article 370 (the abrogation of Article 370), and the Aligarh Muslim University Minority Status dispute. Apart from being some of the leading cases of their time, these matters also provided the unique opportunity to assist and learn from some of the finest legal minds of our time.
The learning curve in such cases is undoubtedly steep. In such matters, I learnt that one has to navigate two aspects of the matter – One is the preparatory aspect. Each of these matters were highly contentious, with voluminous pleadings, running into thousands of pages. The facts as well as the dispute itself, in each of these cases also presented the unique challenge of spanning decades. There was also the challenge of tight timelines. While the sheer size of the pleadings can initially feel very daunting, it is important to understand that to be able to effectively assist a Senior Counsel in trimming down all the weight to come up with the best arguments, one’s role as a briefing counsel assumes great significance. The briefing counsel has the task of setting up the foundation for the arguments to be put forth by the Senior Counsel. Here, one gets the opportunity to be creative and come up with novel arguments in support of the brief. For this, one has to be well-versed with the matter including facts, arguments, documents and pleadings – both in support of and against one’s case.
It may seem like an oversimplification but in my experience, the only way to do that is to take it head on and get into the depth of the brief. The devil is in the details. The preparatory part of the matter can be gruelling with long hours of research, reading, refining and reshaping of arguments. Of course, it helps that the courts have become committed to going paperless and that makes handling the records in such cases much easier.
The second aspect is the hearings. Constitution Bench matters pose the challenge of being time-bound, which means the matters may be heard on a day-to-day basis, often spanning many days, from morning to evening. As a briefing counsel, one not only has to keep up with the arguments of the day, note the questions and observations falling from the Bench, but also prepare for the next day, alongside assisting the senior in refining arguments as the matter progresses. Cases of such magnitude and public importance, help develop promptness, lateral thinking and the ability to handle pressures.
Having worked in both private practice and public sector legal roles, how do you view the evolving landscape of Indian legal practice, particularly in fields such as arbitration and regulatory disputes? How do you see the role of legal practitioners evolving with the advent of technology into the sector?
The most striking facet of the Indian legal landscape is its dynamism and constant evolution. The ease with which we have been able to navigate hearings before Constitutional Benches of the Supreme Court, such as the ones I mentioned before, is evidence of our profession’s adaptability and the efficacy of going paperless.
The Indian legal sector is undergoing a period of rapid transformation, driven by both domestic shifts and global developments, and I see this as a golden opportunity for young practitioners like myself.
In arbitration, India has become an increasingly attractive hub for both domestic and international arbitration, with courts taking steps to reduce delays and create a more favourable environment for dispute resolution. Government of India’s focus on strengthening arbitration laws through reforms, has been vital in this evolution. I also believe that the growing emphasis on institutional arbitration, alongside India’s position within global arbitration networks, will elevate the country’s standing as a leading arbitration venue.
Regarding regulatory disputes, India’s economic growth and regulatory framework are becoming more complex. Areas like competition law, antitrust, and environmental regulations are seeing increasing levels of scrutiny. Government initiatives to streamline regulations through digital platforms, like the Ease of Doing Business reforms, have also led to a surge in litigation, especially involving corporate governance, compliance, and tax matters. These regulatory shifts require legal professionals to stay ahead of developments and offer creative, proactive solutions to clients who are navigating these dynamic environments.
In my view, the role of legal practitioners in India is evolving in exciting ways due to the integration of technology. Legal tech tools, artificial intelligence (AI), and data analytics are already reshaping how we research, draft, and even negotiate. The use of AI for contract analysis, predictive legal outcomes, and managing case precedents is quickly becoming standard practice. For young lawyers, this means we need to become proficient with emerging technologies to stay competitive.
At the same time, technology provides opportunities to streamline processes, reduce costs, and improve the efficiency of legal services, which can be particularly valuable in high-stakes disputes and regulatory matters where timelines and costs are often significant concerns.
Furthermore, technology is also facilitating greater access to justice, especially through platforms that enable online dispute resolution (ODR). This is a significant shift in the way legal services are being delivered, and I think it will greatly benefit sectors such as arbitration, where parties can engage in virtual hearings, consultations, and settlements. From a strategic perspective, these technological advancements allow legal practitioners to work more effectively, handle higher volumes of work, and cater to a more global client base.
While technology will drive efficiency, I firmly believe that the need for human judgment, creativity, and expertise will always be central to legal practice. The ability to navigate complex regulatory environments, understand nuanced legal principles, and build persuasive arguments for arbitration cases or regulatory disputes cannot be replaced by technology. As such, the evolving role of lawyers will likely involve leveraging these technological tools to enhance their practice while continuing to hone traditional legal skills.
What advice would you give to aspiring legal professionals looking to build a career similar to yours, particularly those interested in litigation, arbitration, and constitutional law? Are there specific areas of law or skills they should focus on to thrive in today’s legal environment? Additionally, could you recommend resources to help them stay informed about the latest legal developments?
It’s heartening to see the competitiveness and acceptability Law as a profession has achieved. It is also wonderful to see the diverse avenues available to law graduates these days, as compared to the time when I went to law school. But I believe with respect to some aspects of the profession, the more things change, the more they remain the same. This is especially true for litigation as a preferred choice of career for young legal professionals. I believe an inherent interest and love for the Law, coupled with deep reserves of patience is an absolute essential if choosing to pursue litigation.
A career in litigation is like a 5-set tennis match. It is important to remember that it is a marathon and not a sprint. To win, one needs to invest time and hard work, while keeping in sight the larger picture. While you may win or lose a particular point, you have to move on and continue to play the next point to win the game, the set and the championship. Similarly, each brief that a client comes to you with, each order, favourable or adverse is a lesson and the building block for sharpening your skills and honing your court craft. The learning never stops. Recently, Mr. Sidharth Luthra, Senior Advocate, happened to see me during arguments. He met me after and gave me very sound advice – the outcome of a matter is a combination of many factors, and it does not matter whether you win or lose. The important thing is to be on top of the matter and give your best. Hence, one must remain committed to putting in the hard yards and give your best shot at every juncture.
Another advice I would like to give to aspiring legal professionals is to initially try and gather as much varied experience as possible. In the initial years it is better to be a jack of all trades. Many young law graduates these days on being asked what their preferred career trajectory is, tend to answer that they would like to pursue a full-time career in one field of law such as arbitration, intellectual property, technology law, etc. While an interest in a specific field of law and clarity in the early years is great, however, the legal arena is ever-expanding. For a well-rounded development as a good litigator, it is advisable to have a general approach so as to learn as much as possible.
As for keeping oneself informed, about the latest legal developments, there is no dearth of information, especially in the era of social media and dedicated portals that update latest legal pronouncements and developments in real time. That being said, one must guard against falling prey to the tendency of the “3-second attention span” and scrolling culture. The idea is not only to be aware but well-informed. Therefore, it is important to read, not just the news flashes but the very judgments and reflect on the same. I am somewhat old school that way and have found in my experience that books and commentaries are great allies when wanting to understand the evolution of the law, and achieve greater clarity on principles of law.
With your career balancing both high-profile legal work and professional responsibilities, how do you manage your work-life balance? What strategies or practices help you maintain personal growth and stay motivated to excel in such a demanding and fast-paced field?
Managing work-life balance in a demanding career requires a combination of personal discipline and regular self-reflection. The hard truth is, the practise of law is not for the faint-hearted. Personally, the concept of work-life balance has eluded me throughout the better part of my career. That being said, court vacations provide a welcome opportunity for respite, offering precious time to reconnect with family and loved ones. Beyond these breaks, I believe it is essential to cultivate at least one hobby or interest outside of work. My mother encouraged me to take up gardening. Spending time in my garden is my favourite way to destress. I also find travel rejuvenating. It helps to reset perspectives and makes returning to the demands of the daily rigmarole more manageable. I also try to catch up on reading. Not just the law books, but good old literature. Sports is also a great way to get centered. I love to swim, play tennis and practice yoga. I try to be regular, even on working days. I recently picked up ballroom dancing. While one’s career is undeniably important, it is only with a healthy body and a healthy mind that one can give their best.
What initially motivated you to pursue a career in law? Specifically, what led you to explore multiple areas such as service, civil, consumer, and criminal law?
Initially, becoming a lawyer was not my first choice. I had always aspired to be an Army officer, and even as I was filling out my forms for law school, I was actively preparing for the CDS exam. However, I was selected for a law college before I could pursue that path. Coming from a family with a background in civil servants, I have always been inclined towards securing a position in a government organization. My decision to pursue law was a significant and transformative one, both for me and my family. During my preparation for law school entrance, as I delved into the Indian Constitution, I found myself deeply connected to the evolution of the country post-1947. It sparked a strong sense of purpose in me, and I realized how impactful law can be in shaping the future of our nation.
Coming from Chandigarh, a tier-2 city, I have come to realize that while the opportunities in corporate law and other specialized fields may be more limited here, it offers a unique and valuable chance to engage deeply with various areas of law, such as service, civil, and consumer law. This environment allows for a more profound understanding of the legal system. In my perspective, anyone looking to start their practice in law should begin by working with district courts and revenue authorities, as they represent the very foundation of our judicial system. Engaging with these entities not only offers a closer connection to the pulse of our legal framework but also provides essential experience in understanding how justice is administered at the grassroots level, which ultimately shapes the broader legal landscape.
Reflecting on the early stages of your career, could you share some pivotal lessons or experiences that had a significant impact on your legal understanding and contributed to your professional development?
As I mentioned earlier, I began my practice at the district courts, where my legal journey immersed me in the dynamic world of courtroom proceedings. One of the most crucial aspects that shaped my legal understanding was the art of cross-examination. This stage of the trial process has always fascinated me, as it offers profound insights into human psychology, behavior under pressure, and the intricacies of how individuals navigate high-stakes situations. Conducting cross-examinations on my own provided me with invaluable lessons, not only honing my legal skills but also deepening my understanding of the human condition.
What concerns me, however, is that the art of cross-examination seems to be gradually fading. I believe this shift is partly due to the growing trend among young advocates to pursue careers in corporate law or other specialized forums, which often overlook the significance of this crucial skill. In my view, cross-examination is not merely a legal tactic but a philosophical exercise in understanding the complexities of truth, human behavior, and the pursuit of justice.
As a panel advocate for several Government organizations, how do you approach case strategy, particularly in complex matters like land acquisition and service-related disputes?
In complex matters such as land acquisition and service-related disputes, it is crucial to have a deep understanding not only of the law itself but also of its origins, scope, and underlying objectives. When you truly grasp the scope and purpose of a legal issue, it becomes easier to make informed decisions and strategically approach the matter at hand. Without this foundational understanding — without knowing why a particular law or rule was established and what its purpose is — it becomes much harder to navigate the complexities of the case. In my view, the answers to such intricate legal matters often lie in the origins of the law itself, as understanding its roots provides the clarity needed to address the issue effectively.
From your experience, what are some of the most challenging constitutional or statutory issues you’ve faced in your legal practice? How do you address such challenges in litigation?
One of the most challenging constitutional or statutory issues I’ve encountered arises when the remedy does not lie with ordinary courts, and we are compelled to approach the High Court or the Supreme Court directly through writ jurisdiction. In such cases, the High Court often has a broader scope when it comes to constitutional remedies compared to the Supreme Court. The difficulty in these situations lies in the fact that essential elements of the trial process, such as cross-examinations and intent, are often bypassed when we directly approach these higher courts.
Addressing these challenges requires a nuanced approach to drafting. I personally prefer to draft my writ petitions in an argumentative style. While many lawyers may not adopt this approach, I believe that when the only available remedy is through the High Court, one must put in their utmost effort. The court often relies heavily on the written submissions, and so the quality of the written material becomes paramount. While oral arguments are certainly important, it is the written presentation that shapes the outcome of the case.
In my view, it’s not enough to merely present questions to the court; it’s essential to provide potential solutions and alternative options for addressing the issue at hand. This, to me, represents one of the biggest challenges we face in legal practice – preparing a case that doesn’t just question the law but offers thoughtful, well-grounded answers to the court, thereby advancing the resolution of the matter.
How do you interpret Section 85G of the ESIC Act, and what are the key legal challenges you encounter when handling disputes under this provision?
Section 85G of the Employees’ State Insurance Corporation (ESIC) Act holds significant importance in addressing the enforcement of provisions under the Act, particularly when it comes to ensuring compliance with the obligations outlined for employers and employees in relation to the ESIC. This provision empowers the Corporation to impose penalties for non-compliance, making it a critical tool for ensuring that the objectives of the Act are met—namely, the provision of social security and health benefits to employees in the event of sickness, maternity, disability, and death.
The key legal challenge I often encounter when handling disputes under Section 85G is interpreting the balance between punitive measures and the broader purpose of the ESIC Act, which is rooted in providing social protection to the workforce. The difficulty lies in assessing whether the penalty provisions, as enforced under this section, are being applied proportionately, keeping in mind the primary objective of promoting welfare and not merely punishing non-compliance. Often, issues arise surrounding the applicability of penalties, the scope of employer responsibilities, and the extent to which employees’ rights are being upheld.
In interpreting Section 85G, it’s essential to understand the foundational purpose of the ESIC Act: to ensure that employees have access to medical care and financial security, particularly in times of distress. If we focus solely on punitive measures without aligning them with the object of welfare, we risk undermining the core philosophy of the Act, which is to act as a safeguard for the labor force.
The challenge, therefore, is not only to navigate the technicalities of the law but also to approach it with a broader understanding of its ethical and social purpose. In disputes under Section 85G, I believe that the resolution should always aim to ensure that the spirit of the Act—social welfare and protection for employees—remains intact, even as we address compliance and enforcement issues. In this way, the legal process becomes a means not just of legal correction, but of fostering a more just and supportive system for workers.
In your capacity as empanelled counsel for Government Organisations, overseeing more than 100 land acquisition cases in Mohali, could you discuss a particularly complex case and the approach you took to ensure a fair resolution of the legal challenges involved?
As an empanelled counsel for various Government Organizations, I have had the privilege of overseeing a wide range of land acquisition cases, including over 100 cases in Mohali. Land acquisition cases, by nature, are often intricate due to the interplay between legal rights, public interest, and the social impact on the affected individuals.
One particularly complex case that stands out involved a dispute over the compensation and rehabilitation provisions for landowners whose land was acquired for a public infrastructure project. The case was challenging not only due to the legal technicalities involved but also because of the deep emotional and economic impact on the affected parties. In such cases, the legal process isn’t just about determining compensation—it’s about balancing public interest with the rights and welfare of individuals.
My approach in this case was twofold: firstly, to ensure a thorough and comprehensive understanding of the legal framework governing land acquisition, including the constitutional principles of fairness and just compensation. This required an in-depth review of the relevant statutes and precedents, as well as the specific nuances of the land acquisition process in Mohali.
Secondly, I sought to address the human element of the case by engaging with the affected parties in a constructive manner. I believe that the resolution of such disputes must go beyond the rigid application of law; it must take into account the broader social impact. To this end, I emphasized the importance of fair compensation, not just in terms of monetary value but also in ensuring proper rehabilitation and resettlement for those affected.
Throughout the legal proceedings, my primary focus was on ensuring that the rights of the landowners were protected while also upholding the public interest. By presenting well-reasoned arguments, addressing both legal and human considerations, and seeking a fair resolution for all stakeholders involved, I was able to guide the case towards a resolution that was just, equitable, and aligned with the broader goals of the land acquisition process.
Philosophically, I view land acquisition not merely as a legal transaction but as a fundamental issue of justice—how we balance the need for public infrastructure and development with the rights of individuals who are directly affected. In this sense, my approach has always been to ensure that the law serves its true purpose: not just to resolve disputes, but to advance fairness and social welfare in a way that respects the dignity and rights of every individual.
What are the primary challenges the Legal Services Authority (LSA) faces in managing the high volume of cases it handles?
The Legal Services Authority (LSA) faces significant challenges in managing the high volume of cases, primarily due to limited resources and a backlog that can delay timely resolution. Another challenge is ensuring equitable access to legal aid, as many individuals remain unaware of their eligibility. Additionally, the allocation of cases to qualified advocates and maintaining the quality of representation amid the large case load can be difficult.
Philosophically, the core challenge lies in balancing the ideals of justice and equity with the practical constraints of the system. The LSA must continue evolving, utilizing technology and increasing awareness to ensure that the principle of equal access to justice is upheld, even when faced with resource limitations.
Given your demanding professional commitments, how do you maintain a healthy work-life balance and ensure your personal well-being while managing your extensive responsibilities?
Maintaining a healthy work-life balance, especially with the demanding nature of my professional commitments, is undoubtedly a challenge. However, I believe that a balanced life is not just essential for personal well-being but also for professional effectiveness. I approach this balance by prioritizing time management and setting clear boundaries between work and personal life.
I make it a point to allocate specific time for relaxation and activities that nourish both my body and mind, such as exercise, reading, and spending quality time with loved ones. These moments of rest allow me to recharge and maintain the focus and energy needed for my legal work.
Philosophically, I believe that a well-balanced life is essential to maintaining clarity in decision-making and ensuring that I approach each case with the full depth of attention and care it requires. If we are to serve others through our work, we must first take care of ourselves, as only a well-nourished mind and body can truly contribute to the well-being of others. By maintaining this balance, I am able to bring a more focused, compassionate, and strategic approach to my professional responsibilities.
How do you define law, and what do you believe is its fundamental role in society? Additionally, which subject you liked the most while studying law? And why?
Before attempting to answer what is perhaps one of the most profound questions pondered by leading legal theorists for centuries, I’d like to approach it in simpler terms. Law, in my view, can be understood in two dimensions: descriptive and normative. Descriptive law refers to how the law is—it encompasses the characteristics, structures, and functions of legal systems as they exist in practice. It’s the study of law in its current form, outlining how it governs society, resolves disputes, and maintains order.
Normative law, on the other hand, concerns how the law should be. It’s rooted in ethical principles, moral reasoning, and the vision of how law ought to evolve to meet the needs of justice and fairness. In essence, it addresses the ideals, the aspirations that guide legal reform and transformation.
Both aspects—descriptive and normative—exist simultaneously within the concept of law. This duality is what many of our great legal theorists have grappled with over time, saying: “This is what law is like, and this is how we ought to regard it.” It is in understanding this tension between what the law is and what it should be that we begin to appreciate the deeper philosophical nature of law.
Law is not merely a static set of rules, but a living framework that both describes societal structures and, through normative claims, aspires to shape them in accordance with principles of justice, equity, and the common good. In my view, it is this interplay between the descriptive reality and the normative ideal that gives law its power and its purpose in human society.
With regards to the second part of the question, during my law studies, I found Jurisprudence to be the most fascinating subject, as it goes beyond rules and procedures to explore the philosophy of law. It raises essential questions like “What is justice?” and “How should law reflect societal values?” What I find compelling about Jurisprudence is its ability to connect legal theory with real-world practice, making law a dynamic framework that shapes and reflects our social, moral, and cultural beliefs. It encourages critical reflection on the deeper purpose of law, emphasizing its role in ensuring fairness, equity, and justice. For me, Jurisprudence reaffirms that law is not just a set of rules but a tool for building a just society.
What in your opinion are effective ways that can reduce the pendency of courts?
As a lawyer who has had the privilege of engaging with all levels of the judicial system, from district courts to the Supreme Court, I have had firsthand experience of how the system operates and where the challenges lie. One of the most pressing issues I have observed in reducing the pendency of cases is the need for stronger support at the grassroots level, particularly at the district court level. The vast majority of cases affecting ordinary citizens begin at this stage, and unfortunately, we often see a shortage of well-trained, efficient lawyers at this level.
The issue of infrastructure is another significant challenge. While higher courts may be more equipped, the district courts often lack the resources to handle the volume of cases effectively. This disparity in infrastructure and legal expertise at the grassroots level contributes to delays and inefficiencies in the system.
We often celebrate the ‘brain drain’ when Indians excel globally in fields such as technology and science, but unfortunately, we are witnessing a similar trend in the legal profession. Many skilled lawyers are leaving the traditional legal practice in Favor of corporate careers, leading to a shortage of competent legal professionals at the district court level. If we are to reduce the pendency of cases, it is essential that we invest in building a strong legal foundation at this level by attracting and retaining talented lawyers to serve in district courts.
Additionally, the introduction of more efficient case management systems, digitization, and the expansion of legal aid services can help alleviate the backlog. A holistic approach that includes better infrastructure, legal support, and technological solutions can create a more efficient and accessible judicial system.
I believe that the judicial system must serve the people at every level, not just in the higher courts. By focusing on improving the quality of legal representation and the infrastructure at the district court level, we can ensure that justice is not delayed or denied, and that the system becomes more responsive to the needs of the common people.
For aspiring lawyers or young professionals aiming to build a career in multiple areas of law, what advice would you offer? Are there any particular resources or strategies you recommend to help them stay current with evolving legal trends?Could you also share the most recent book you have read?
Being in the early stages of my career, I believe it’s crucial for aspiring lawyers or young professionals to establish a strong foundation by reaching the court regularly and engaging with real-world cases. The prime duty of every lawyer is to be present in the courtroom, attend hearings, and ensure they are always up-to-date with the most recent orders passed by the honourable court. Once you prioritize your work in this way—by staying punctual and attentive to the finer details of each case—you will find the work becomes more manageable, and your chances of success naturally increase. This consistent engagement with the court not only hones your practical skills but also fosters a deeper understanding of legal processes and the nuances of each case.
In addition to courtroom experience, it’s vital to stay current with evolving legal trends. I recommend that aspiring lawyers read widely—both legal journals and case law—to stay informed about new developments in law. Participating in legal seminars, webinars, and discussions with experienced professionals also offers valuable insights into emerging trends and shifts in legal practice. More importantly, I believe the pursuit of continuous learning should be a philosophy that guides one’s career. The law is dynamic, and as lawyers, we must remain adaptable and open to new perspectives and ideas.
In terms of resources, I would suggest exploring both traditional texts and newer platforms, such as online legal databases, that provide real-time case law updates. Platforms like Manupatra, SCC Online, and legal blogs can be invaluable in staying on top of legislative changes and judicial interpretations. Above all, my advice would be to approach your career with a balance of practical engagement and intellectual curiosity—viewing the law not only as a profession but as an ongoing journey of learning and growth.
The most recent book I’ve read is Leviathan by Thomas Hobbes. In this influential work, Hobbes explores the nature of human existence, governance, and law. He argues that without a central authority, life would be chaotic and brutal. To avoid this, individuals must give up certain freedoms to a sovereign authority in exchange for security and order, forming the foundation of the “social contract.” Hobbes’ ideas not only shape political theory but also raise fundamental questions about authority, power, and justice. His reflections on law highlight its role in maintaining social structure and preventing anarchy, offering timeless insights into the balance between individual freedom and societal order.
