Super Lawyer

Tag: High Court

  • “I had no ambition, no aspiration, no other option but to study law and to serve and aid the ailing humanity with the power of Law.” – Champion of Heritage Conservation: Syed Mohammad Haider Rizvi, Advocate at the High Court Of Judicature at Allahabad

    “I had no ambition, no aspiration, no other option but to study law and to serve and aid the ailing humanity with the power of Law.” – Champion of Heritage Conservation: Syed Mohammad Haider Rizvi, Advocate at the High Court Of Judicature at Allahabad

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

    Can you share how you began your career in law and what motivated you to pursue this path? Was there someone who inspired or motivated you to make a career in Law?

    I have seen my father crusading the cause of litigants, most of whom were poor and oppressed, and his commitment to the cause of justice, irrespective of whether his clients could pay his fees. With his excellence as a private counsel, who rose to the position of the Chief Standing Counsel for the State, rescuing public departments from many a piquant situation that arose during his tenure, I held him (and still keep him) as my role model and therefore I had no ambition, no aspiration, no other option but to study law and to serve and aid the ailing humanity with the power of Law. 

    With over 25 years of diverse experience in the legal field, what significant changes have you observed in the practice of law?  

    The technological developments worldwide have lessened the gap between fellow humans across the globe and social interactions which now happen worldwide on various social media platforms have not only broadened the horizons for budding lawyers but have enhanced their capacities and abilities. In olden times, legal research which mandated visits to libraries, and reading through books, journals and digests is now available with the click of a mouse. The information, which is available freely on the world wide web can be accessed by anyone and everyone, but then, there is certainly a word of caution for those who just believe in cut and paste, as many times, deceptive websites may offer a concocted information which may land the user in trouble. Technology and Law go hand in hand, but so do caution and care, which need to be exercised by those using technology to aid their research. 

    In your private legal practice, you have handled various cases in Family Laws, Civil, and Criminal Litigation. Can you share a memorable case and its impact on your professional growth?  

    Post Covid, there has been a spurt in cases relating to matrimonial relationships where the couple fight a concerted battle, which results in multiple FIRs being filed from either sides and related litigation in the form of a maintenance case, a case under Domestic Violence Act also being agitated in courts of law. A close look at the cases would reveal that these cases are mostly an outcome of an ego clash between the spouses where the role of an Advocate is more of a counsellor, who must use his skills to mediate and bring the parties to a consensus as, in a matrimonial case, and the cases that ensue, it is not only the couple which suffers, it is their families which suffer the trauma. In my role as an Advocate in matrimonial cases, I have successfully closed dozens of cases brought about an amicable settlement between the parties, withdrawn criminal cases, ensuring a better tomorrow for the estranged couple, by way of an agreement that created a win-win for the estranged couple. 

    A Memorable case that I would share related to a frantic phone call to me from a lady, a mother whose daughter aged about 13 years, complained of stomach ache and was taken to a nearby hospital where it was revealed that the girl child was pregnant and was carrying a live foetus. The family extremely poor, was devastated. On our intervention and request made to the SP, an FIR was registered and the culprit was arrested and sent to judicial custody. The bigger concern was the pregnancy which would have cost the girl child, her life. We coordinated, got a petition filed in the High Court and procured permission to abort the foetus, at state expenses. Post this traumatic incident, we handheld the girl, ensured that she was treated well and left her home, while also ensuring the payment of a compensation of 3.00 Lacs from the government, which would go a long way in sustaining her in the drama called life. All this was done gratis, pro-bono for which not a single penny was charged from the family/child.

    Another memorable achievement, which is worth sharing, is the case of tourist guides of the all-famous Husainabad Trust, which owns the majestic and most beautiful monuments of Lucknow, the cultural hub of north India, and includes the signature monument of Lucknow – Rumi Darwaza, Asafi Imambada and Bhool Bhulayya, Chota Imambada etc. These tourist guides were not even paid the wages that were payable to an unskilled worker. At their request, we took up their cause pro-bono and ensured the grant of the minimum pay scale to these lesser privileged brethren, besides other social security initiatives, an effort which was lauded worldwide.  

    Having worked both as an in-house counsel and as an independent advocate, can you share your experiences and insights on the distinct challenges and rewards of each role, and how they have shaped your overall legal perspective?  

    Having aced my academics with distinction (Securing First Place in the LL.B. Examination from Jamia Millia Islamia and then having topped the Merit list of LL.M. from the University of Lucknow, securing 2 gold medals), I always craved knowledge on the working of the public as well as private institutions and I spent a considerable time, working for a central government PSU and a corporate giant, heading their legal wing. I learnt that while in government, officers are only conscious about saving their skin and trying how to delay and thereby stall a project (as one only becomes accountable when a particular action that is taken turns bad after a few years, making those who initiated and concluded the said appraisal vulnerable) private sector is just the reverse. The private sector is result/solution oriented, meaning thereby that the private sector understands the concerns and procedural hiccups but an in-house counsel is required to provide solutions on how to get a project going. In the private sector, it is the result that matters and the result is the determinant of the continuance of a job in a private entity, notwithstanding the business group which controls it. 

    The learnings from both the government and provide sectors which I have gathered through these formative years of my professional career are helping me in discharging my functions as a private counsel, as I understand the concerns and issues of both these enterprises and have an edge on my peers who are less aware on how the decision making takes place on these divergent sides. This knowledge and understanding help me serve my clients in a better and promising manner.

    Your work in the preservation of heritage monuments in Lucknow is well-known. What inspired you to take up this cause, and what has been your most rewarding experience in this area?  

    Protecting and preserving culture, which is a determinant of an individual’s personality is a fundamental duty of every Indian, and when I work towards the concertation and preservation of monuments, I do so in the discharge and fulfilment of my fundamental duty. The monuments of Lucknow and adjoining districts are uniquely distinct and have an aura that resonates once you even have a cursory glance over them. These monuments have always fascinated me as a child and I used to fight with my friends who would scribble on the monuments. The fascination turned into a passion when in the year 2008, I was entrusted with a monument (Mausoleum of King Amjad Ali Shah, Hazratganj, Lucknow constructed in 1847)  as a trustee appointed by the State Waqf Board. In a struggle that ensued, it transpired that the monument, which was a centrally protected monument was obscured, vandalised and on the verge of an imminent collapse, forming a part of the “Lost Monument” of Lucknow. Since neither the Wakf Board, nor the earlier committee of the Waqf had any documentation regarding this monument, the RTI Act came to our rescue and the RTI Applications we filed before the concerned authorities, visits to the Archives, regular follow-ups with the authorities resulted in the initiation of action, initially with the removal of encroachments from within and around the monument, and then its conservation and preservation, as a result whereof, the monument now stands restored as a live monument. Unfortunately, during the first COVID lockdown, the outer gate of the monument crumbled down, which has also now been fully repaired and conserved as a result of our efforts and follow-ups with the concerned stakeholders. The most rewarding moment was being adjudged “One Man Preservation Movement” by the internationally acclaimed magazine “The Economist” in Oct 2016.

    The learnings gathered from the Mausoleum of King Amjad Ali Shah are now being replicated for the other similarly situated monuments of Lucknow which are equally vandalised, encroached and unkempt. I am confident that I shall be able to ensure a proper conservation of our cultural heritage, with guidance from the Hon’ble High Court where my PIL on this count is engaging regular attention of the Hon’ble High Court whose intervention is proving to be a boon for the monuments and their conservation. 

    Your research on the Allahabad High Court Rules led to a significant amendment. What drove you to undertake this research, and what impact has it had on the legal community?  Please share some insights if you can.

    An Advocate, to be able to do justice with his profession, has to be inquisitive. In my endeavour to secure the rights of my fellow citizens, I came across this provision of the Allahabad High Court Rules in the form of Chapter XVIII Rule 18(3)(a) which mandated a 10 days notice to the Government Advocate (to enable him to seek instructions from the districts regarding criminal antecedents of the bail applicants and instructions on the said applications). This notice period was necessary before the bail application was placed before the Hon’ble Court for hearing. This rule indicated the deprivation of the right to life and personal liberty of an individual sans “due process of law”. This intrigued me and I initiated research on the subject, studying similar rules across the country only to note that no rule akin to this patently unjust rule existed in any High Court across the country, irrespective of geographical areas of the states. The rule was therefore challenged before the Hon’ble Supreme Court, by way of a PIL which was drafted after thorough research and in terms of the directions of the Hon’ble Supreme Court, the Rule was amended from 10 days to 2 days, to the respite of thousands of those who languished in jails without hearing, for a minimum period of 10 days, which even extended further on account of procedural technicalities. The rule that stood in the rulebook for almost 4 decades was not challenged and led to the deprivation of the rights of scores of citizens. This in fact, is my contribution towards my fellow citizens and profession which I cherish.

    Winning the prestigious Changemaker Award for five consecutive years is a remarkable achievement. How did these awards influence your work and inspire others?  

    The corporate sector, especially the larger companies with substantial turnover has a CSR wing, adhering to a legal mandate, and some of these companies including the Bharti group get involved in several far-reaching social initiatives and walk the talk by motivating their personnel towards public causes. I, for one, have been a Samaritan for whom public service and aiding the ailing humanity has been a priority had been crusading for many public causes all through, which were identified by the company’s foundation which enlisted my socially oriented individual efforts in the category for in-house professionals and post a detailed review which comprised of a committee of distinguished personnel and social activists selected globally, my initiatives were found laudable and creditworthy and they were rewarded by way of Changemaker Awards 5 years in a row, till I switched to a different role and reverted to hardcore advocacy.

    As a visiting faculty at various institutions, what key lessons do you impart to your students, and how do you prepare them for a successful legal career? Also, what advice would you give to young legal professionals who are just starting their careers in the current legal landscape?

    We, Indians have proven acumen and are conscious about our rights and reach the authorities whenever any of our rights are infringed, seeking prompt redress. While agitating for our rightful claims is our right, we have an equally important set of duties that are enshrined in Article 51A of the Indian Constitution. Unfortunately, most of my fellow countrymen are hardly aware of these duties and those who are aware, do not perform these duties. In all my interactions with the students and officers, I always insist that we must not only read, understand and perform the fundamental duties, but also imbibe upon our younger generation, especially the budding lawyers to inculcate these fundamental duties in our persona, and I am confident that if we do so, our country shall gradually rise and shine, becoming a world leader, a position which we aspire for and rightly deserve. 

    The young lawyers who are about to enter the unfathomable legal profession need to know that there is no alternative to hard work, and their interactions with the clients and the needy need to start with a notebook in their hands, where they need to give a patient hearing to the concerned, note down the concerns and then decide upon the course of action suited for a particular situation. 

    Outside of your professional life, what personal hobbies or interests do you pursue, and how do they influence your approach to your legal practice?  

    My personal hobbies include social interactions, reading and writing and these hobbies enable me to learn the human values of commitment, dedication, and devotion and to a larger role of a social reformer which an Advocate has to play as a person who is not only leaned but also knows how to interpret laws and write the petitions aimed at aiding the ailing humanity. The knack of a lawyer as a crusader for the rights of the poor and the oppressed is beautifully expressed by poet Waseem Barelvi when he writes : 

    Kaun see baat, kahan, kaise kahee jaati hai,

    Ye saleeqa ho toh, har baat suni jaati hai ……

    Get in touch with Syed Mohammad Haider Rizvi-

  • “I’m a great believer in luck, and I find the harder I work, the more I have of it.” – Shweta Sharma, Advocate-on-Record at the Supreme Court of India.

    “I’m a great believer in luck, and I find the harder I work, the more I have of it.” – Shweta Sharma, Advocate-on-Record at the Supreme Court of India.

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

    Could you please introduce yourself to our readers and share your journey from your early days in law to becoming an advocate-on-record at the Supreme Court of India? We’d love to hear about the pivotal moments, challenges, and inspirations that have shaped your remarkable career trajectory.

    After graduating from Symbiosis Law School, Pune in 2009 I joined the Legal (Tax and Regulatory) Department of PriceWaterhouseCoopers (PwC) where I had a short stint of about a year. My work at PwC mainly included doing due-diligences for various organizations and businesses, opening on labour law and employment law queries from pan-india PwC locations. While my time at PwC gave me a lot of exposure to the regulatory side of work, from the point of view of Indian as well as international clients, I felt that I wasn’t being challenged as much – mentally as well as academically. I started speaking to my law school batchmates who were pursuing litigation and that’s when it became clear that I was missing out on the real deal. Even though the economy was in a recession in the year 2009, I did the unthinkable and put in my papers at PwC and joined Parekh & Company, which is a full-service litigation firm. To be honest, it was very difficult to take a 50% pay-cut and say goodbye to the 9 to 5 job where I had the weekends all to myself. Looking back, it was the best decision ever. Upon joining litigation, I realized that there is no concept of weekends and no fixed timings. Juniors were expected to carry work home and make sure the filings were done in time, seniors were briefed well in advance and the clients got the reliefs they wanted. There were moments where I felt I’d bitten off more than I can chew but I just kept at it and before I knew it, I fell in love with the entire process. At Parekh & Co, I was under the guidance of my “first boss” as I call him to this very day – Mr. Sameer Parekh. At Parekh & Co., I had the privilege of working on matters being argued by some of the most distinguished legal luminaries like Mr. Harish Salve, (Late ) Mr. Ashok Desai, (Late) Mr. Ram Jethmalani, Dr. Abhishek Manu Singhvi, (Late) Mr. Goolam Vahanvati, (Late) Mr. T R Andhyarjuna, Mr. Rohinton Nariman, K K Venugopal, Justice P S Narsimha, (Retd.) Justice U. U Lalit to name a few. After working in Parekh & Co. for about three years, I had a short stint at TMT Law Practice which is a technology, media and telecommunications law firm where I had the opportunity to represent clients across the entire spectrum of the media and entertainment industry, including television, films, radio, music, print and publications. Thereafter, I got married to my batchmate from law college – Diggaj Pathak, who was also pursuing litigation full time. Since we had put in about five years into the profession and got a fairly decent amount of work to pull us through, we decided that it was time now to take the plunge and go independent. That was truly the best decision of our lives. Now we were two like-minded individuals ready to take our love affair with litigation to the next level. People say it is difficult to work with one’s spouse and that one mustn’t mix business with pleasure but that has been far from the truth for us and we have had such a successful partnership where both of us have immensely contributed to each other’s growth in this profession. After spending 7 years in litigation, we became eligible to take the Advocate – on – Record examination and cleared it in the first attempt. There was really no looking back after that.  

    You have an impressive portfolio of legal representation spanning various tribunals and courts. Could you share a memorable experience from your early days in the legal profession that shaped your career trajectory?

    Due to the work ethic I was exposed to at Parekh & Co., I learnt that one must never say no to any kind of work and that litigation encompasses more than just the Supreme Court or the High Court. There are so many tribunals and quasi-judicial bodies in Delhi like National Green Tribunal, Ministry of Mines, Central Information Commissions, National Consumer Fourm, Employees Provident Fund Appellate Tribunal, Debt Recovery Tribunal, Central Electricity Regulatory Commission, Armed Forces Tribunal, Appellate Authority for Revenue cases etc. So there is really no dearth of work. There were times when I wasn’t sure if I could do justice to a matter but I was fortunate enough to be surrounded by such encouraging seniors and mentors who provided me with the necessary push so that I could give my 100% to the cases in question. I had the opportunity to appear very frequently before the Telecommunications Disputes Settlement Appellate Tribunal (TDSAT) when Justice Aftab Alam (Retd.) was the Chairman. Justice Alam was extremely encouraging of women practitioners and would often appoint me as Advocate Commissioner in matters which really helped me build my confidence. Similarly, Justice Shiva Kirti Singh (Retd.) also appointed me as Local Commissioner in several cases for which I had to travel outstation and that again really helped me understand the telecommunications and broadcasting sector from close quarters. Apart from TDSAT, I had the privilege of working with Mr. Krishnendu Datta, Senior Advocate on various company matters before the NCLT. I was greatly inspired by Mr. Datta’s work ethic and the way he completely immerses himself into cases really had an impact on me. I also love to brief Mr. Gopal Sankaranarayanan, Senior Advocate for my Supreme Court matters from whom I get to learn so much. He is truly an exceptional individual. Then I had the good fortune of working with Mr. Meet Malhotra, Senior Advocate on several telecommunications and broadcasting matters. Words cannot describe how much Meet Sir helped me in building my practice in the energy sector. His trust and faith in my work has helped me immensely. I am deeply indebted to these individuals.  

    With your extensive involvement in telecommunications and energy sectors, what sparked your interest in these particular areas of law?

    To be honest I never imagined that I would be practicing so extensively in these sectors but that’s the beauty of being a first-generation litigating lawyer – you never know what you’re going to get and sure enough you never say no to any kind of work! Having said that, I had the opportunity to work in the telecommunications sector early on because my partner was already handling the work in that area for a few clients. So, when we started working together, I had to naturally shoulder the responsibilities with him. Some of the cases before TDSAT were extremely high-stakes and in those matters we would brief Mr. Meet Malhotra, Senior Advocate from whom we got to learn so much. As far as work in the energy sector is concerned, I owe most of what I know in this field to Mr. Buddy Ranganadhan. Buddy Sir is an outstanding lawyer and briefing him is such an enriching experience, every single time. 

    Balancing a career in law with personal interests is crucial for holistic well-being. Could you share some of your hobbies or interests outside of the legal realm that help you maintain a sense of balance?

    To be very frank, it is super hard to maintain a work – life balance being a litigating lawyer and even more so if you’re a female litigating lawyer. And if you are a mother, then you need multi-tasking skills of a different level. Even if you ace this time management, be prepared to pay the ‘motherhood penalty’. Yes, the legal profession is not immune to it. Every day of the week, we are in court and the evenings are spent lamenting on the cases listed for the next day. Sometimes, you’re in multiple courts on a single day and your meal-timings go for a toss. Then Saturdays are for the district court cases and Sundays are for drafting assignments, conferences with senior advocates and client meetings. One has to also take out time for social and professional commitments. In all this chaos, it is very easy to actually lose sight of your own health and the health of your loved ones. So, keeping fit – mentally as well as physically – is of utmost importance. I try to be active and take out time to take my toddler out to the park and ensure that I take at least 4 vacations a year. I carry work with me on those vacations too, much to my partner’s dislike, but that’s another story. I also enjoy judging moots and have had the privilege of judging some moot court competitions like the FDI International Arbitration Moot, the KTS Tulsi Mock Trial Competition etc. I also love to interact with young law students, especially first-generation lawyers who are sometimes overwhelmed by litigation practice and have had the privilege of speaking at the Delhi Faculty of Law on the topic of Career as an Advocate-on-Record. I also try to give my services to those who cannot afford it and have done a few pro-bono matters. The appreciation I receive from my pro-bono clients is really immeasurable. 

    Starting a legal career can be daunting for many young aspirants. What advice would you offer to the current generation of law students and aspiring lawyers looking to make their mark in the legal profession?

    There are a couple of things that one must mentally prepare before joining the legal field. Firstly, always and I mean always remain an “eager beaver”. Everyone will see it – Judges, clients, seniors as well as colleagues – it will help you generate new work. Secondly, never say no to any case even if it is small research – you will learn so much from it and that knowledge is to be treasured. Thirdly, be prepared to sometimes miss out on important personal events like weddings, funerals, birthdays etc. as you may have a deadline or the limitation would be expiring in a particular case. If you have taken up some assignment or matter, you cannot leave it halfway no matter what. Having said that, it is also incumbent upon you to then make it up to that family or friend who’s function you missed. Fourthly, there will be times when you may be reprimanded at – by the Judge or your senior. Do not take it to heart, listen to what they are saying as they have experience which you don’t and experience must be respected at all costs. Fifthly, be kind to your support staff – court clerks, driver, office boy, nanny, cook etc. You will be most effective if you have a strong team backing you up. Sixthly, be grounded and grateful. It is easy to lose sight of where you started from when you’re making a lot of money but one must never take any matter – big or small, for granted. Lastly, be fair to your opposite counsel. There is life outside court also. We are a small fraternity and people talk. Not all cases you get would be very high stakes, but be determined to prove yourself. Slowly but surely, the work will start pouring in from all quarters. 

    Being a female practitioner in a male dominated profession do you have any specific advice for women who are keen to join litigation?

    Let’s face it, the ratio of women-to-men in the legal profession is abysmally low. But the demographics are changing over the past few decades. While it is true that the legal profession demands long hours and constant availability, I want to tell these women who want to join litigation that the fruits of the hard work you will put in will be immense. If you are a working mother, and this holds true for any field, you will be perceived as less committed to your career because it is assumed that you choose to work only because you have financial needs to fulfil. Employers are wary of hiring mothers as it is thought that since they have familial responsibilities, they will be less dedicated to their roles. But this notion is completely wrong, and, if at all, only applies to a very small percentage of working women. We can be as passionate, as driven and as ambitious as our male counterparts. We are currently blessed to have Justice D Y Chandrachud as our CJI who is a staunch supporter of increased participation of women in the legal profession. He values inclusivity of women lawyers and makes a mention of it not just in open court but also at every public platform he speaks at. He was very pleased to see a dramatic increase in the number of women appearing virtually before the courts during and post-covid as it provided them the comfort of appearing from the safety of their homes. In 2024, a committee headed by our CJI designated the highest number of female senior advocates that have ever been designated by the Supreme Court in its entire history since 1966. Just imagine, 12 in 75 years and 11 in just one year! Justice Chandrachud has also encouraged more and more women to come forward, contest elections and hold positions of responsibility in the bar associations and the bar councils. He has further advocated for institutional support (like creches in courts) to ensure more and more female lawyers are inducted and retained in the profession. This augurs really well for us women practitioners. We should take full advantage of this changed scenario. In the coming times, I’m sure there will be more designations and more elevations. Personally speaking, I feel so inspired looking at the women senior advocates practicing today. Few senior advocates whom I have briefed and who had a great impact on me include Mrs. V Mohana, Mrs. Madhavi Divan and Mrs. Haripriya Padmanabhan. I hope to one day have the opportunity of working with (Retd) Justice Indu Malhotra, Mrs. Indira Jaisingh and Mrs. Aishwarya Bhati as well, all of whom are outstanding lawyers. So, my advice to young women aspiring to join litigation would be to perform decently at law school, write legal articles, if possible, take your internships very seriously and once you start a career in litigation, just stick with the grind. The results are inevitable. 

    As an advocate-on-record and panel counsel for esteemed organizations like TRAI, WBSETCL, Eastern Coalfields Limited and Central Coalfields Limited, what strategies do you employ to effectively represent your clients’ interests while upholding your own ethical standards?

    Preparation is key obviously. Secondly, I inform the client of all the eventualities because anything can happen in court so one has to be prepared in advance. If the client has been slightly in the wrong, and is informed in advance of the probable reaction from the court, then it can give suitable instructions to his lawyer about the extent of the concession the lawyer can make on its behalf. Thirdly, if there is a senior counsel being briefed in the matter then he/she has to see how invested you are in the case. It makes it all the more interesting for them. Since some of the matters for these clients are very high stakes, I always get instructions in writing to avoid any miscommunication later on. 

    Your educational journey includes international exposure during your schooling in the United States. How do you think such cross-cultural experiences contribute to a lawyer’s ability to navigate diverse legal scenarios?

    I studied in California for about three years and it was such an enriching experience. Since my father was in a transferable job, I changed almost eleven schools and had the opportunity to stay in many different parts of India too. This gave me so much exposure as I had to get used to adapting to a new place every few years. That helped me tremendously. The legal professional is so multi-faceted. You may be able to impress your client with your legal knowledge but if you’re not able to smooth talk your way in a Bihari or a UP accent with the Court Master or the Alhmad to get a certified copy or a shorter date then what is the point of all the fancy education that you have had?  

    Becoming an Advocate-on-Record involves rigorous training and examination. What motivated you to pursue this prestigious designation, and how has achieving it impacted your legal career and approach to advocacy?

    So, it is very important to understand that one doesn’t magically start getting Supreme Court briefs simply because one has cleared the Advocate-on-Record examination. In order for a steady stream of Supreme Court cases to come your way, you have to have what we refer to as a “parent high court” where the advocates from that particular high court keep sending you matters regularly to be filed in the Supreme Court. But the fact of the matter is that many first-generation advocates like myself do not have any such contacts with any high court so the cases initially will be far and few. One has only to ensure that they give their 100 percent to those cases. Soon enough, your client, your colleagues, your seniors will spread the word which will certainly translate into more matters. Having said that, choosing to practice exclusively in the Supreme Court is a completely personal choice and if that is the path you have chosen as a first-generation lawyer then you must keep reaching out to the lawyers practicing at various High Courts to generate Supreme Court work. But I speak for myself, I consciously did not want to restrict myself to practicing only in one court. I took the exam because I wanted to have this added qualification so that in the event a situation arises where I’m required to approach the highest court of the land, I should be able to do so myself without asking anyone else to be my AoR. I was also able to generate supreme court work by practicing in various forums like the National Company Law Appellate Tribunal, TDSAT, National Green Tribunal, Appellate Tribunal for Electricity etc. 

    You’ve been associated with the law office of DPSS, which holds a prominent position in the legal landscape. Could you share some insights into the working of your firm?

    The Law Offices of DPSS was founded by my husband (Diggaj Pathak) and I about ten years ago. Diggaj was my batchmate at law school and we started out with just a handful of matters. We are soon going to complete 1000 files together. Though we have grown since our founding, we are the same agency at heart. We approach each of our clients with fresh eyes to offer them customized and unique strategies. We are result oriented, in as much as we try and get speedy relief for our clients instead of keeping them embroiled in litigation which can sometimes last for several years in our judicial system. If the circumstances permit, then we actively try to mediate and settle the cases for our clients which can sometimes get better and faster results than adversarial litigation. We feel we owe this to our clients and to our judicial system. Ultimately, as lawyers we must not burden our courts unnecessarily and if there is a way to sit across the table and negotiate terms of a settlement then we always explore that option. 

    Get in touch with Shweta Sharma-

  • “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

    “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

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

    Coming from a family with a strong legal background , did you ever consider pursuing a career outside of law?  How did you eventually decide to follow in our family’s footsteps, and what challenges did you face in your initial days as a lawyer?

    I believe each person must carve out a profession for themselves based on their capabilities and interests. However, it is a reality of life that, when making a career decision, individuals are consciously or unconsciously influenced by the career choices their parents have pursued. I was no exception. My father was a leading and well-known lawyer during his time. I saw him put in long hours of hard work and be sought after by many. But what influenced me significantly in my career decision-making was the great respect and influence he commanded across a cross-section of society. I believed this was because of his position as a lawyer. In later years of my practice, I realized this was true. My father conveyed through his career that the legal profession was unique in various ways. It was intellectually elevating and honorable in its practice; lawyers were highly respected and commanded a following. I closely watched my father’s analytical skills, which he applied to matters of public importance, domestic issues, philosophical and religious thoughts, and more. I admired his approach to men and matters, which I attributed to his being a lawyer. My father did not actively promote the idea that I should pursue the legal profession; it was my decision, which he supported. Considering my father’s quality of life, I must frankly admit that I did not even consider a profession outside of law. The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.

    Being a lawyer’s (later a High Court Judge’s) son had both benefits and challenges. The benefit I derived at the operational level was not very significant because there was a large gap between the time my father stopped practicing and when I started. Nonetheless, the benefits were obvious—infrastructure and the reputation of being so-and-so’s son. However, the challenges were quite intimidating. First, every action of mine and every expectation from me would be compared to my father’s. Any slight deviation would be met with skepticism. Second, I faced the overwhelming challenge of proving myself worthy of being my father’s son. I realized fairly early in my career that no one can ride on the reputation of another, no matter who the other may be; you have to prove your worth. Clients will not stay unless they develop confidence in you. A father’s reputation can take one up to a point and no further. In this profession, everyone has to carve out a niche for themselves.

    How did your father’s career as a judge influence your approach to law and justice?

    As a judge, I have noticed my father being equally concerned with the problems of a small person and a matter involving high stakes. He would tell me how, in reality, that small person had more at stake in the litigation than the so-called big one. For the former, it was a case of livelihood, while for the latter, it was generally not. Sympathy for the less fortunate was his guiding factor. This has had a significant impact on my approach to my career. This perspective has always remained in the background, even while being deeply involved in commercial law practice.

    For example, as a legal advisor for a large public sector corporation, I would receive numerous files for opinions regarding the title for granting house loans to Class IV employees. If I had strictly applied all the rules of title due diligence, none would have qualified for the loan. That would have shattered the dreams of these families to buy or construct a small home. My heart did not permit that approach. I relaxed the rules and cleared the titles on a “by and large basis.” This approach was largely influenced by my father, balancing law and humaneness. I am thankful for that.  

    During your tenure as partner at Dua Associates, you managed a large team and handled litigation practice nationwide.  What were the key lessons you learned from that period which you still apply today, and what led to your decision to leave the firm and become Senior Advocate?  What were the main factors that influenced this career move?

    During my tenure as a partner at Dua Associates, I interacted with numerous lawyers across the country and beyond. I also dealt with several in-house counsels of multinational corporations. This experience broadened my horizons. I realized that everyone has their unique way of approaching and solving problems, and no one was 100% right or wrong. Incorporating thoughts from all quarters, from senior to junior, enabled us to find the best possible solution to a problem. This was especially true because the lawyers came from different backgrounds and jurisdictions. Some adopted a legalistic approach, others a commercial approach, and a few a practical approach. Each one had their domain expertise. This opened my eyes to the fact that team effort is always more beneficial than when a problem is handled by a single lawyer. No one can have knowledge in all branches of law, and invariably, legal issues have different angles. This exposure humbled me to realize that no one can claim to be superior to another, and each has their role to play, which is as important as the others. This experience has stood me in good stead even today as a Senior Advocate, as I have continued to respect the approach and views of lawyers and in-house legal counsels.

    Counsel practice is an art in itself. I realized that my strength lies in that field. I wanted to spend more time sharpening my skills rather than spending time in the actual preparation of briefs through direct client interaction. This is what influenced me to change the course of my practice, even though I have always enjoyed client interaction and strategizing. My stint at Dua Associates has been the most enjoyable phase of my career. Designation as a Senior Advocate during my time was by invitation and not by application as it is today. Generally, when one is invited to take the silk, it is considered an honor and recognition and therefore not refused. Once conferred with the designation, in my view, continuing as a partner of a law firm was not an option.

    Since being designated as a Senior Advocate in 2008, how has your approach to handling cases evolved? What are the unique challenges and responsibilities that come with this title?

    The first challenge of being a Senior Advocate is to sift the grain from the chaff. That is what I have consistently applied in my role as a Senior Advocate. The briefing counsel will, of course, tell me all the facts and issues involved in the case as they should. It is up to me to pick the best points and highlight them to the court. The second challenge is the manner of presenting a point. It is essential to present it in the most persuasive manner. This requires quiet and deep deliberation even before entering the courtroom. I have rehearsed the opening sentence of a case in my mind several times before uttering it in court. If you engage the judge in your case within the first few minutes, a large part of the case is won.

    Duty towards the court and the client is common for all advocates, whether designated or not. The unique challenge and responsibility of a Senior Advocate is towards the briefing counsel. It may be that the briefing counsel is not yet experienced or is lacking in preparation. I would not highlight this in a conference where the client is present, as it would damage the interests of the instructing counsel and/or demotivate them. The art is to gently suggest a corrective course without injuring anyone’s interests. In many instances where I found a fundamental error in the approach or advice of the counsel on record, I have separately called the lawyer and pointed out the error, suggesting corrective action. I believe this to be the duty of a Senior Advocate towards the briefing counsel, in addition to the duty and responsibility towards the court.

    As the Chairman of the Bhavan’s BBMP school, you are deeply involved in educational initiatives for underprivileged children.   Can you tell us more about this role and its impact on the community?

    Our school has over 850 children, most of whom come from the neighboring slum areas. Facilities like electricity, water, and internet connection, which we tend to take for granted, are a luxury for them. The parents come from economically and socially disadvantaged sections of the community. A school-age child is considered another working hand and a potential earning member. In this atmosphere, it was initially a challenge when the school was started to promote the concept of education among that community. After 15 years, we have come a long way. Today, the parents and children are very enthusiastic about the school. Promptly at 8 am, the children arrive at the school, neatly dressed in their uniforms and well-groomed. Seeing these enthusiastic children at school, who might otherwise have been directionless, is a divine experience. The school is an English-medium institution with a CBSE curriculum. The school and the children always remind me that if given the opportunity, children will grow up to be responsible and civil citizens. The biggest mistake and crime is in not providing opportunity, and this thought has always haunted me. In fact, before our school was established, the area was noted for its high crime rate. Now, the police authorities tell us that the crime rate has significantly decreased because the children are the best change-makers.

    You regularly contribute to Deccan Herald and other publications on legal and philosophical topics. How do you find time for writing, and what motivates you to share your insights through these platforms?

    If one has the interest in doing something, finding time is the least of the impediments. What motivates someone to do something is a genuine interest in that activity. That is the simple answer to the question: how do you find time to write? The sheer desire to write and engage with a reader of average intelligence is what truly motivates me. My target is not the learned or the wise but those who have the interest but don’t know how or where to begin. My desire is to kindle their interest in both the subject and the art of communication. In other words, to provide food for thought.

    Looking ahead, what are the areas of law that you believe will be most critical in the coming years, and how should the legal profession prepare for these changes? What advice would you give to the young law students and budding lawyers who aspire to make a successful career in law? What skills and qualities should they focus on developing?

    Roscoe Pound famously said, “Law is social engineering.” This has always been true, and it is even more relevant today and in the future as times change. The aspirations of people and social norms are evolving rapidly. Gender equality, same-sex marriages, live-in relationships, LGBTQ rights, privacy obligations, and other issues now occupy center stage in public debate. Notions of morality that were once accepted and taken for granted are changing, and the law must keep pace with these changes.

    In my view, these issues will be critical in the coming years, and lawyers and law students must think outside the box to find legal solutions to complex social problems. Additionally, the changing demands of growing technology and transborder relationships—whether personal, business, or professional—must be addressed. The world is becoming increasingly interconnected, and relationships are becoming more seamless. Lawyers and legal researchers can facilitate this change and make the world a better and more peaceful place.

    Focusing on these and other emerging branches of law will enable a budding lawyer to succeed in their career. To achieve this, one must develop a thirst for knowledge from all over the world. A successful lawyer should excel not only in the legal field but also cultivate an interest in subjects unrelated to law. It is essential to remember that one is a human being first and a lawyer second. Developing the quality of being a good human being is fundamental.

    Furthermore, a lawyer should develop effective communication skills. Learning languages without any mental blocks is crucial, with English being a must. Knowledge and communication skills should go hand in hand with analytical skills. Analytical skill is an art that one can develop only through conscious practice. This can happen if you commit to understanding an issue fully before proceeding further. Finding a solution is the next step.

    With the rapid advancement of technology, how do you see the role of technology influencing the practice of law? Are there any particular tools or technologies that you find indispensable in your work?

    Technology today has permeated all aspects of our lives and activities, and the practice of law is no exception. In fact, the practice of law should embrace technology more and more so that we lawyers become more efficient in providing services to our clients and assist the court in dispensing quicker justice. I have personally benefited from technology. I am able to present arguments in court without physical papers as I have fully adapted to technological tools like Liquid Text. I find myself faster and more efficient in locating a particular document or fact in a large brief using this technology. The adage “Change or Perish” is truer today than ever before. However, a warning: Technology should supplement our intelligence, not supplant it. Innate intelligence, not artificial intelligence, is the core strength of a lawyer.

    Over 45 years of practice, you have represented numerous high profile clients.  Can you share a particularly memorable case that had a significant impact on you personally or professionally?

    “It is difficult to pinpoint a particular case among the many I have handled in my career. I am who I am today, both as a human being and as a lawyer, because of the amalgamation of lessons learned from various cases. It has been a profound study of human traits and behavior. No case is too big or too small; each has its own lessons and morals to impart, aiding in personal evolution. This defines my approach and personality.”

    With such a demanding career, how do you unwind and relax after a long day in court?  Do you have any hobbies or routines that help you maintain a work life balance?

    The legal profession is a demanding endeavor. Therefore, one must be vigilant not to become so absorbed as to lose the joys of life. I am fortunate to have largely mastered the skill of drawing boundaries, although my family might disagree. Early in one’s career, one should enjoy what they do; as one progresses, they should do what they love. This is a nuanced art, and I am fortunate to have made significant strides in that direction. Whether one likes or loves their work, nothing becomes a source of stress. This is the key to unlocking relaxation and alleviating stress. Writing, reading, religious, and social activities are my ways of unwinding. I particularly enjoy traveling and sightseeing. As I mentioned before, when you are passionate, time never feels like a constraint. 

    neigneighbour

    Get in touch with K G Raghavan –

  • “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

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

    Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.  

    Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.   

    As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?

    The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.

    We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?  

    What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.     

    How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?  

    The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back. 

    What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?   

    We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling. 

    You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?  

    You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.

    Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?

    I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.

    Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?  

    I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.  

    Get in touch with Rajvendra Sarswat-

  • “As a Panel Advocate, I developed ethical practising skills and increased my corporate legal field knowledge.” – From Ayurveda to Advocacy: The Transformative Journey of Deen Dayal Purohit, Advocate at the Jaipur High Court & Purohit & Associates,

    “As a Panel Advocate, I developed ethical practising skills and increased my corporate legal field knowledge.” – From Ayurveda to Advocacy: The Transformative Journey of Deen Dayal Purohit, Advocate at the Jaipur High Court & Purohit & Associates,

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

    Could you please introduce yourself to our readers and walk us through your journey? Also before pursuing your LL.B., you completed a diploma in Ayurveda Ratna. What motivated you to switch to law after seven years in Ayurveda? What inspired you to pursue law?

    Yes, I’ll feel grateful to introduce myself and about my journey to you. From 1985 to 2000, I served as a consultant in the renowned Ayurveda Pharmaceutical company, meanwhile, in 1997 my brother B.P. Chhangani was selected for judicial service. He motivated me to do an LLB course, and as you know I cleared LLB in the year 2000 and started practising as an Advocate from 2000 onwards to continue.

    Could you please elaborate on the main practice areas you specialize in and the types of cases you most frequently handle in your legal practice?

    My main practising areas are Criminal, and Writs in the High Court.

    What responsibilities does your position as a Public Notary for the Government of India entail, and how does it integrate with your other legal work?

    In the tribunals and high courts, documents need to be notarized, so, it is a part of day-to-day professional practice.

    You have been a panel advocate for numerous institutions. How does this role differ from private practice, and what skills have you developed from these experiences? Please share some insights from your work as a panel advocate.

    Panel Advocating work is different from private practice. As a Panel Advocate, I’m working in corporate culture. During my work as a Panel Advocate, I developed ethical practising skills and increased my corporate legal field knowledge. 

    Could you please discuss the significance of the reportable judgments you were involved in, such as Priyanka Shrimali Vs. State of Rajasthan and Hindustan Zinc Ltd. Vs. State of Rajasthan and Ors.? Also you could share some insights from the case.

    In the case of Priyanka Shrimali Vs. State of Rajasthan the significance of this matter was “Married daughter is entitled to the compassionate appointments in the Government service”. Before this judgment, the Married daughter was not entitled to the compassionate appointment. In the case of Hindustan Zinc Ltd. Vs. State of Rajasthan and Ors., the significance of this matter is “the challenge to the vires of provisions of sec 38(C) & 39 of the Act and Rule 24(1) of the Rules fails. The writ petitions are dismissed. However, the petitioners, if aggrieved by the entry made in the provisional assessment list, shall be at liberty to file the appropriate objections before the Assessing authority and in the matters wherein final assessment orders have already been made. The demands have been created, they shall be at liberty to file an appeal before the Appellate Authority, if not already filed, within thirty days from the date of this order. The amount, if any, deposited by the petitioners against the demand created in terms of interim orders passed by this court or otherwise, shall be adjusted against the amount payable to satisfy the condition of pre-deposit for maintainability of the appeal”.

    Beyond your areas of expertise, which other fields of law do you find particularly fascinating or are passionate about exploring further, and why?  

    In Legal Service Authority Act, Insolvency and Bankruptcy Act and Companies Act, but especially in Article 39 A of the constitution of India enacted Legal Service Authority Act because the Legal Service Authority Act, sec 12 is about free and competent legal services for the needy person and other persons that need the justice.

    As an experienced lawyer, what do you think the current generation can do to prepare themselves for successful careers in law and beyond?  

    The current generation has ample opportunities to prepare and develop for successful careers in legal fields, like International Arbitration, Companies Law, Banking Law, Legal Drafting and several other fields.

    Outside of the legal realm, what are your hobbies or interests that help you unwind from the demands of your profession?  

    Outside the legal realm, I’m working for several legal awareness campaigns at various places like schools, colleges, and public places on subjects like POSH, POCSO, IT, CYBER CRIME, SENIOR CITIZEN’S RIGHTS, LABOUR ACT, PCMA ACT etc.

    Could you tell us more about Purohit and Associates, the types of legal practices they specialize in, and what opportunities they offer for interns looking to gain experience in the legal field?  

    The Purohit & Associate practices in the subordinate court, tribunals, High Court, DRT, State Commission and various other fields, and It develops the skill of Associates in practice as well as in the competition of judicial exams and gives enough opportunities to the Associates working under the Purohit & Associates, and also provide opportunities to intern about “earn while learn”.

    Get in touch with Deen Dayal Purohit-

  • “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

    “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

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

    Reflecting on your journey, could you share with us how you embarked on your career in law and what inspired you to pursue this profession? Additionally, what significant milestones or experiences along the way have shaped your trajectory and approach to the practice of law?

    In my childhood, I just went with the flow and as was the trend in the early 2000’s, I took up science in my 10+2. Having seen my elder siblings venture into Engineering studies, and having myself studied science in 10+2, I was clear that I was not cut out for that kind of studies and work. I was greatly influenced by the words of my father to look at law as an option. My father had obtained a law degree, but never practised. He went on to become a Civil Servant. He shared a lot of his experiences in his work, which was inevitably interspersed with the legal system. 

    Once I began my legal studies, there was no looking back. I took on legal studies like a duck to water. I must say I was at peace with myself and really enjoyed reading legal literature. During my college days, I took up internships largely with a view to understand which area of law to practise in. I did internships with law firms as well as chamber lawyers and was very keen to understand how a lawyer’s life would be. In every place I have interned, I would pick the brains of the seniors in that firm from every vertical of the practise, to understand how actually their work was. The guidance from the Partner in the last law firm I interned, whom I eventually regard as my mentor in the profession, enabled me to firm up my mind to be a litigator. I eventually joined that firm’s litigation practice.     

    As is the case with most litigators, the initiation was extremely rough with quite a few bitter experiences and novice mistakes in Court. Fortunately, my senior colleagues were very supportive and encouraged me. I always felt that I had more to offer than was being asked of me by my firm. I was quite restless and impatient to make a mark. 10 months into the practice, I got my first big opportunity. Due to various factors, I was the only person from the litigation team that was available in office, when a case in which we were on caveat, for a premier client of the firm, came up and we were required to appear. I grabbed the opportunity, channelised my restlessness and desperation well, and ensured that the Partner would have no reason to put any other person onto that matter. There onwards, I was looked upon as a reliable hand in litigation matters and my confidence grew day by day. 

    After moving on from established law firms, you started your own firm and later moved on and partnered with other lawyers. Can you reflect on this journey of yours?

    I was with two law firms in a period of five years after starting off. There afterwards, along with three other lawyers we started our own law firm in 2015. It was a leap of faith. An exciting phase of establishing a practice. Each of us knew that we had the potential to build a practice. The first few months were spent in establishing connections and meeting a lot of people. Most of the connections initially made, continue to result in referrals and work. It is crucial to meet people and network with them. Sincere and truthful efforts will always yield good positive results. Proud that some of the referrals that come about now are multi-tier referrals, which means that the word of mouth has travelled far and wide. Presently I have joined hands and partnered with a bunch of lawyers, who were all peers in my first law firm. We all have been through the growth curve and survived the rigors of the profession and now have similar career trajectories. 

    Given your diverse expertise, particularly in construction and commercial arbitration disputes, what common misconceptions do clients often have about this area of law, and how do you address them?

    In most construction disputes the construction company would inevitably want to make claims for damages. While the construction company feels shortchanged with the manner in which the owner of the project would have treated it, I find that claims are made for the sake of making it, with hope that at least a part of the claims come through. Same is the case in some commercial matters. I think it is extremely important to think through the claims and build a robust foundation for the claims which are in the nature of damages. It is critical to evaluate evidentiary value of what a client believes to be ‘evidence’. We should not encourage a client to just dump their files and expect the lawyers to churn out magic. It is important to educate a client about law and on how things will actually pan out before a Court/Tribunal. I believe that keeping the client fully in sync with the legal process and proceedings helps to bring the best out of the client as well as the lawyer. I have often found that a hands-on client is able to provide quality inputs and results in better output from the litigation.    

    In your extensive experience, what would you consider the most effective strategy for resolving disputes outside the courtroom? Could you share an example where alternative dispute resolution methods yielded exceptional results?

    An out of court settlement is achieved through negotiations and eventually mediation. I find that a large number of disputes are a result of frail egos or personal grudge. There are also the opportunistic litigations. In any event, it is imperative to understand every aspect of the dispute and all things that resulted in the creation of the dispute. If one is able to delve into the core of a dispute and unearth its origin, everything including that which is not stated on paper, one can actually do a good counselling job on the client to see how to proceed with the dispute. It is also important to set the expectations right and let a client know the best case and worst-case scenarios by explaining the law. 

    Such out of court settlement also depends largely on the psyche of the client. A recent case was where a client wanted a larger payout from a defaulting tenant. In the very first meeting the client said that they were willing to go up to the Hon’ble Supreme Court. I spent quite some time understanding the client and also on why the client was so passionate about fighting the tenant. As the client felt comfortable with me, they opened up and explained the entire history and the backstory. Upon several rounds of counselling, the matter was eventually resolved with the issuance of a lawyer’s notice. There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.  

    As a first-generation lawyer, what advice would you give to aspiring legal professionals who are just starting their careers, especially those aiming to make a mark in the competitive legal landscape?

    While I agree that having someone who has been there and already done that helps, especially in the litigation vertical, it is not impossible to carve out a space for oneself being a first-generation lawyer. The challenges start from finding the right office to start off with; to getting the right leads for building a practice. One needs to be proactive and extremely alert to the opportunities and possibilities. I was fortunate that I found a great mentor to start my practice. Once you commence, it is important to be relevant and display the eagerness and hunger to learn. Resilience and adaptability are crucial traits to forge ahead. One needs to keep evolving with the times and stay abreast with new developments. At the beginning of a litigation career be ready to do all kinds of work and work in all jurisdictions. It helps you in the long run, especially when you venture out on your own. A lot of my learning has happened through witnessing other lawyers in action. While it is good to catch up with a friend in the corridors, it is extremely important that one does not waste the time while waiting for their turn in the Court. Inspirations are aplenty in Courtrooms and one must not miss such opportunities.     

    With your experience appearing before different High Courts and tribunals across the country, what key differences have you observed in legal proceedings and judicial interpretations, and how do you adapt your strategies accordingly?

    Every tribunal or forum has its own characteristics in terms of the process or presiding officers or the legal practitioners appearing therein. It is crucial to understand and respect the local practices and adapt quickly. Lawyers from Delhi are very assertive and persuasive, they go about their brief with extreme focus, while lawyers from Mumbai are highly efficient and meticulous. I find that lawyers from these two jurisdictions are thoroughly prepared and come with the go getter mentality. These days, with virtual appearances possible, it is indeed a great experience to appear in different jurisdictions. Each appearance in a different forum enriches one’s exposure immensely.    

    Continuous learning is essential for professional growth. How do you prioritize ongoing legal education and skill development within your firm, and what resources or platforms do you find most valuable for staying updated with legal developments and best practices?

    These days information is available in plenty and in various modes. The judicial precedents laid down by courts is the most important legal education for practising professionals. New legislation and amendments in our area of practice is something which we keenly keep an eye out for. Various portals reporting the Court rulings and publishing articles on various legal aspects, become the first point of reading about the developments. One tends to get busy with the cases on hand and at times stop reading other than for a case on hand. Therefore, it is a goal to publish articles and analyse new developments and roll out newsletters. That way not only are we keeping ourselves updated, but also enlightening clients on new developments. Needless to mention that for a litigator, the Courtroom remains the ultimate place to learn best practices. 

    With the demands of a challenging legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favourite ways to unwind and recharge outside of work, and how do these activities contribute to your overall well-being and effectiveness as a legal professional? 

    It is important to give attention to oneself, family and the work. While in the initial stages of a career it is inevitable that work takes precedence over anything else, one should not completely kill any other passion for the sake of work. The earlier that one is able to obtain a work life balance, the quality of life would be better. Drawing up boundaries on each aspect of life and respecting those boundaries would help immensely. I am passionate about fitness and nutrition and end up doing quite a few activities on that front. While in pursuit of such endeavours, I meet people from different backgrounds and that too enriches my personality. Lately I have taken a liking to learn to play a musical instrument. It is a good way to unwind and quite relaxing. The cliched statement that if one makes it a priority, they will find the time to do it is very true. 

    Get in touch with Mahesh Arkalgud-

  • “The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.” – Harish Narassapa, Senior Advocate at Karnataka High Court & Founder of DAKSH Society India

    “The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.” – Harish Narassapa, Senior Advocate at Karnataka High Court & Founder of DAKSH Society India

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

    Hello, everyone! We are back again with SuperLawyer. Today we have senior advocate Harish Narasappa, Sir, who has graciously and humbly accepted our invitation to be here and tell us about his life journey, how he chose to become a lawyer and how he has achieved so much in his life. So, Sir, most welcome and thank you again for being here.

    I would start with a very simple question and would love to understand how you started on your journey of choosing law as your career to becoming a senior advocate. And if you have faced any challenges, how did you come ahead of those challenges in your initial stages while pursuing law as a profession?

    My journey with law actually started as an accident. I didn’t consciously choose law. During my 12th standard, the bundle commission report was implemented by the then Prime Minister V.P. Singh. Following this, there was significant agitation by various student groups, resulting in a couple of deaths and one student attempting to immolate himself. This deeply impacted me, prompting my interest in societal issues beyond science. Despite being a science student, a botany professor encouraged us to look beyond our textbooks and engage with societal issues.

    This triggered an interest in social affairs and the potential impact of law. Coincidentally, the examination for that year was delayed, and I happened to write the entrance exam for the National Law School. The results were announced before those of the engineering and medical college entrance exams.

    Instead of waiting at home, my uncle suggested I join for a couple of months. If I didn’t like it by then, I could quit and pursue engineering or medicine, he said. However, I ended up staying even after the other results were announced. In short, I initially joined law for a month, but I have now been in the field for nearly 30 years.

    We would love to hear about your insights that you have gained through practicing law in both India and UK. What kind of differences have you seen or encountered in these two legal systems and the kind of jurisprudence that these two states or jurisdictions have nurtured for themselves?

    In comparison, there are two or three points of comparison, right? One is the legal system, of course. But also in connection with how the legal profession is organized and because we started, you know, even when we were chatting before the formal interview about how do we train youngsters?

    How do we train people who are just starting in the legal profession? How do we sort of help each other? How do we train each other? All these are important questions. And I feel that in India, we have not addressed these questions and if you ask me, the primary difference between the legal profession in England and the legal profession in India is the organized training and organized knowledge sharing that happens in the UK.

    Primarily England, because I worked in London and not in other parts of the UK, but I had to go to London. And if you compare that to what happens in India. I mean, in India, there’s no organized system, right? You just pick up as you go on. If you’re lucky, you get seniors or mentors who will teach you the right things.

    Otherwise, it’s just hit or miss in terms of which office you join. What you learn in court or whatever, nobody points you in the right direction. And there’s no continuing legal education in a formal fashion. Whereas in England, they’re a very organized set.

    So I worked in a law firm for about four and a half years, between 98 and 2002. And the things that I learned there have stood me in great stead over these years. They’ve helped me a lot. For example, drafting. Simplicity in drafting, use of simple language is something that I learned in England.

    And it gave me the confidence that you’re as bright as any other lawyer in the world. And with the right amount of training and the right focus on what to read, what not to read you can do much better. And the other thing that I learned in the UK is how do you transform a sort of non-legal idea into a legal document, so drafting a legal document, whether it’s an agreement or a plain or counter objections.

    Or anything. How do you make it simple? And how do you get people to read it? So that’s it! The training that the English law firms, the training mechanism of the English law firms in particular and the English legal profession in general. The way they have instituted it, I think that is something amazing, and we have a lot to learn from that.

    I think corporate law firms in India now have these mechanisms, but they’re still evolving. Whereas in courts and among litigation lawyers, there’s hardly any formal training. You’re expected to look, learn, and absorb.

    That’s the primary difference. It also transforms the legal system itself. That kind of training and knowledge-sharing transforms into the legal system. The UK has a more predictable legal system compared to ours. We have a very dynamic legal system, to be kind to our own.

    I feel there’s a lot we can learn from the English legal system in terms of organization and knowledge-sharing. The firm I worked for had almost all documents and opinions issued for 30 to 40 years available on their internal system. If faced with a difficult question and unable to find the answer among colleagues or in a textbook, all you had to do was look into the firm’s history, and you would find the answer.

    That is something we don’t have here, partly because law firms are relatively new in India. They’re only about 20 to 25 years old in terms of large law firms. The way knowledge is shared and transferred, it’s hit or miss. If you’re lucky and get a good senior, then you get to learn.

    Otherwise, you learn to swim on your own. Even when a couple of friends and I started, we tried to inculcate this in the firm. Even when we were just a four-lawyer firm, we had knowledge-sharing sessions among ourselves.

    As we grew, it became non-negotiable. Every week, for about an hour and a half, the entire firm would gather, even now they do. It’s across offices now, of course, through VC and others, it’s easy.

    Either someone is talking on a topic or they share what’s happening on different transactions in terms of knowledge, what’s happening in court. We share various things. I think that is a critical aspect. I know now that a few other firms also do it, but we need to go beyond that.

    We need bar associations and bar councils to organize these sessions. Every month there should be some session for lawyers to attend, to learn. Simple things like how to dress in court, for example. I see a lot of young lawyers wearing unpolished shoes, mismatched socks, trousers of different colors, shirts of different colors, messy hair, and so on.

    I mean, you can express yourself differently, but nobody has taught them. Nobody in law colleges tells them how to appear in court on day one. Now there are a lot of videos from different courts where judges are shouting at young lawyers, like, you don’t know how to address a court.

    You’re not dressed properly. You know, what is this? I think these things can be avoided. Bar associations and bar councils can take the lead. But they don’t do it, unfortunately. Then also organized training on where to research, how to research, these are things that are easily possible but are not done. And I think that’s the biggest difference between the English legal professional and the Indian legal professional.

    Based on what you’ve shared, I can grasp what likely motivated you to establish Samvad Partners and Daksh, the legal research organization you’ve passionately promoted and dedicated your efforts to for so long. I’m curious about the inspiration behind your book, “Rule of Law in India: A Quest for Reason.” Was it driven by the same reasons, or did you discover a distinct understanding of the disparity between legal ideals and their practical implementations in India? What ignited this realization? Your insights are poised to profoundly impact students, to be candid. They stand to gain valuable perspective from your experiences and reflections.

    The challenges the Indian legal system faces are evident all around us. An example I often give is our disregard for basic legal norms, such as stopping at red signals. We seem to lack discipline in adhering to these norms.

    Anyone who has traveled to different parts of the world knows that we are unique in this aspect. While some other countries may also witness similar behavior in traffic, such as jumping signals or driving on footpaths, it ultimately affects everyone negatively. If everyone were to follow traffic rules, we would all reach our destinations much faster, but unfortunately, chaos reigns on our roads.

    This chaos symbolizes the disorder present in other aspects of the law. Our weak implementation mechanism is evident in our courts, where despite the high number of cases, there is minimal resolution on a daily basis. Chaos and confusion seem to be the norm, rather than organized proceedings.

    Despite having comprehensive laws in place, as reflected in our legal texts and statutes, the contrast between what is written and what is practiced is stark. While the intent to establish a rule of law society has been present since 1947, practical challenges persist.

    This disconnect between theory and reality led me to explore the lack of respect for the rule of law in India. Whether from individuals, government, political parties, or even the police and certain parts of the judiciary, there seems to be a general disregard for the law.

    This exploration forms the basis of my book. It evaluates the dichotomy between legal theory and practice, delving into what the rule of law means in India and the type of rule of law envisaged by the Indian Constitution. After pondering these issues for some time, I decided to document my thoughts in writing, resulting in the creation of my book.

    Sir, during this period, you pursued your master’s degree at Oxford University. What differences did you observe between your postgraduate experience there and the systems followed at NLSIU in India? How did this experience impact your approach to understanding law and academia simultaneously?

    I think, to be completely honest, Oxford was an accident. Many of my friends were applying to study masters, and I also applied. Thankfully, I got a scholarship at Oxford, which is why I chose it over other universities.

    Coming from a modest financial background, I am the first generation lawyer in my family. A full scholarship was available at Oxford, which influenced my decision. However, I’ve always felt that I gained more from National Law School than from Oxford. I’ve expressed this sentiment in other forums as well. Perhaps it’s because I joined National Law School in its early stages, with a dedicated faculty and inspirational leadership.

    The learning experience at National Law School, both inside and outside the classroom, was invaluable. We were like a family in the initial years, all striving to prove the success of this new experiment in legal education.

    In contrast, the depth of reading expected at Oxford was much greater. While the master’s course at Oxford focused on knowledge rather than creating lawyers, National Law School had a more practical approach. For instance, in my jurisprudence class at Oxford, the expectation was to read the entire reading list, including works by renowned legal philosophers like Raz and Dworkin, not just excerpts.

    Overall, the teaching approach was similar, but Oxford’s tutorial system sets it apart from other universities.

    Even now, small groups of three to four students sit with professors, engaging in in-depth discussions on every problem and topic, which is a unique system. In hindsight, I feel that perhaps I should have spent more time at Oxford; I only pursued a one-year master’s course. I likely would have benefited more from a two-year stint at Oxford. However, attending a venerable institution like Oxford, which boasts a legacy of 500 to 600 years, was a stark contrast to NLS, which was only five years old when I joined. It was a lesson in institution building and maintaining excellence over centuries, which has stayed with me alongside the legal knowledge I acquired.

    Regarding the difference between the two institutions, the ability to delve deep into a problem is something Oxford instills in its students. NLS, on the other hand, imparted great fundamental principles of law. I often advise law firms and lawyers that the focus of law school should be on teaching fundamental principles rather than specialized courses, especially at the undergraduate level. While specialized courses have merit at the master’s level, a strong grounding in fundamental principles is essential during the undergraduate years.

    Oxford, with its diverse student body, provided insights into various legal systems, planting the seeds for evaluating the Indian legal system and inspiring my book. Interacting with international students from countries like Germany, France, the US, and the UK allowed for comparisons between legal systems, leading to a deeper understanding of the Indian legal framework.

    Sir, I would like to now ask you about when you became a designated senior advocate the kind of advice which you would like to give to our aspiring lawyers who are trying, or I would say who are looking to make an impact in the legal field as you have made, or maybe they can try, what would be your advice?

    There’s no clear path to success. You need to follow your own interests and there’s no substitute for hard work. Everybody keeps telling that, and I fully agree. You have to work hard. There’s no shortcut unfortunately. Yes, you need to develop more skills because the profession is competitive. Clients can easily find out about your reputation and your peers who also have a reputation in the same area you’re working in.

    Getting clients and legal work is challenging. It’s not easy. Unless you’re part of an establishment that supports you. Then you have time, but if you’re an individual lawyer with a solo practice, then you have to follow your interests, do things that interest you, develop an interest outside the law as well.

    For example, if you have an interest in the environment, or AI as we talked about earlier, or computer science, learn that. And then, you don’t have to give up the law, but marry the two, try and marry the two. So you don’t treat your legal profession as something only sitting in the office and reading case laws or judgments.

    Law is a profession rooted in society. So you have to see what’s happening around you in society. And try to interact with people in other professions, people in civil society. You may have cousins who are computer engineers, software engineers; talk to them, understand different things.

    Expand your horizons. Hard work, expanding your horizons, reading, and following your heart. Follow your passion. And there’s no one road to success. You’ll get there eventually, but do what you like. Not because of what other people are doing, but because of what you like.

    You have already worked as a partner in law firms, and as an independent practitioner also, what kind of differences have you observed in the kind of work culture these two roles had, and particularly when you became a senior advocate, there must have been different kind of responsibilities and kind of domains must have come where you had to find new ways to take care of those responsibilities also. So how have you adapted those changes in your life professionally, mostly, and what kind of journey you have had through all this going through more than two decades now?

    As a partner in a law firm, teamwork is essential. It’s about building an organization, not just about individual efforts. You have your fellow partners and junior colleagues, and collectively, you ensure the firm’s operations run smoothly.

    In a law firm, there’s a dual aspect – it’s both a profession and a business. Managing a team, including juniors and colleagues, is crucial for the firm’s success. Ensuring profitability is key, and this requires effective organization not only in executing tasks but also in areas like HR, accounts, and business development.

    Transitioning to an independent senior advocate has its differences. The focus shifts from impressing clients to earning respect from fellow lawyers who brief you. What I miss most about the law firm environment is the camaraderie among colleagues.

    Now, with a smaller team in my office, interactions with other legal professionals are broader but lack the close-knit atmosphere of a firm. Informal learning through spontaneous discussions and consultations is something I miss as an independent practitioner. Furthermore, the absence of backup when one falls ill poses challenges in solo practice. Unlike in a law firm where others can step in, an independent practitioner bears the sole responsibility.

    However, being a senior advocate offers unique opportunities. Dealing with complex legal matters and high-stakes cases provides a sense of fulfillment. Though client pressures are still present, the focus shifts to a more profound engagement with legal questions and expertise.

    While I miss the collegial environment of a law firm, the focus on pure legal matters in my current role is intellectually stimulating and rewarding. It presents new challenges and opportunities for growth at this stage of my career.

    Thank you for sharing so candidly about how you feel being a senior advocate from being a partner to an independent solo practitioner. You have made your name in commercial arbitration, I would say that’s your niche and you have found that space for yourself by working for so long and so diligently. What kind of misconceptions have you seen that people have related to arbitration and how do you address them when it comes in front of you or maybe someone is apprehensive about those understandings? Would you like to suggest some pointers or maybe your own experience?

    I won’t say misconceptions. If you’re dealing with large commercial organizations and they’re handling arbitration, everyone pretty much knows what arbitration is about. Clients understand what arbitration entails.

    The challenge with arbitration in India currently, as noted by Justice Raveendran, one of the best arbitrators in the country, is the lack of professionalism. I couldn’t agree more with him. What does this mean? He didn’t elaborate. This is my view; he pointed it out in a different context. For example, arbitrations need to be held on time, adhering to the prescribed time limits.

    If you’re appointed as an arbitrator or conciliator in arbitration, we forget it’s not just a private form of dispute resolution, but a serious one. In India, we’re still struggling with situations where arbitrators don’t arrive on time.

    The other day, an arbitration scheduled for 10:30 AM had all participants logged in, but the arbitrator didn’t join until 10:45 AM due to illness, without prior notice. This poses professional challenges for lawyers, as we need to manage client expectations.

    It’s not just arbitrators; sometimes even lawyers don’t show up on time, causing delays. Awards are not passed on time either. These are challenges we face in arbitration.

    Many lawyers think arbitration is a diluted form of arguing disputes in court. They forget that regular provisions like the CPC and the Evidence Act need not apply. We can follow a procedure as long as natural justice is met. Some people cite lengthy provisions from the CPC and the Evidence Act, prolonging cross-examination.

    The misconception that arbitration is a substitute for trial is something the Indian arbitration system needs to address. The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.

    See, because there are two challenges, Divya, in terms of the moment cases get taken out of the court system and they’re arbitrated. We are losing the jurisprudence, right? Arbitral awards are not available in public. They’re not published in ACC or AIR or whatever. And that is what’s happening in most commercial disputes. Commercial jurisprudence is not becoming available to all the general lawyers. Only the small set of lawyers who are arguing arbitration cases are aware of that.

    So when we’re doing that, we’re taking away from the courts an enormous opportunity to develop commercial jurisprudence. Then we need to do it properly. We can’t mess it up. Currently, because there are no, except one or two, significant arbitration institutions in this country.

    Mostly we have ad hoc arbitrations, and they have become unfortunately very expensive, very long, and extremely unprofessional. This is a combination of all three things. Yes, things are changing now. There are a lot of people making a lot of effort to improve things, to follow professional organizations from other parts of the world, etc.

    But as I said, the examples in other countries have been around, like I was talking about the legal profession earlier, that has been there for a long time. Other countries have organized their professions much better. But we have not been able to do it. Those are challenges that we have not been able to overcome.

    And that, I am afraid, and I hope it doesn’t happen, is plaguing, and probably will continue to plague our arbitration system. So, well, there are no misconceptions, but people come rosy-eyed, with rose-tinted glasses to arbitration thinking they’ll get an award in six months. Sometimes it drags on for three years, four years.

    And that’s frustrating. So that is a challenge that we are facing in arbitration. But I’m hopeful because there are a lot of developments in the arbitration world in India. Hopefully, things will improve.

    How do you take care of your personal hobbies and interests? And balance your personal life with the kind of busy professional life that you have outside the law. How do you do all these things? Keep yourself calm and learn and understand how world works. Please tell us that as well, Sir.

    That’s what all of humanity has been searching for, right? I mean, we’ve been searching for peace. From the times of the Buddha. We’re all searching for peace. Apart from all that, I think you raised an important question.

    And I think Indian lawyers, in my view, work way too hard. For example, judges also, while we complain about the delays and all, I think Indian judges work extremely hard and so do Indian lawyers. There’s no respect for their own time.

    And it’s something when we started Samvad we were very conscious of, and Samvad has a reputation even today that it’s a firm that balances work and life. And we were able to do that in that organization, but that comes with challenges, you know, young people want to make money, because their peers and other law firms are making money, more money.

    So how do you deal with that? And it’s a difficult conundrum. In terms of whether you want to make money when you’re young and save all the money for later. And you don’t know whether you will be able to enjoy or do you want to do it now? I mean, these are questions that are difficult to answer. I have been lucky in the sense that I’ve been able to manage a reasonably good work-life balance.

    So two things are important. One, you need to enjoy what you’re doing. Okay. And I know you asked me the question about Daksh earlier. The fact that I started Daksh at the same time as I started my law firm, and I continued to be involved in Daksh sort of encouraged me to spend more time in the profession also.

    So you should do what you’re interested in. The fact that I was doing things beyond the pure practice of law and into policy research made me focus more on the profession also. Because I knew what I was doing, what I’m able to do. So all that is important. And at the same time, along with policy work or legal professional work, having time for your family or kids.

    And what you like otherwise is also important. So in a long way, I’m coming, answering the question you asked. I’m lucky to have a few things that I enjoy. I like running. I run regularly. I like climbing mountains, I do a fair amount of trekking.

    My daughter started playing tennis, so I began learning the sport to join her. Simple activities, when focused on, can yield significant benefits. My grandfather, now deceased, was a farmer who shared insights on various crops and fruits he cultivated.

    Showing interest in the world around you is essential. Sometimes, we become engrossed in our tasks, but paying attention can naturally develop hobbies. These experiences have prompted me to realign my focus on work.

    Regarding learning from others, observing their actions is crucial. For instance, I recall reading about Soni Saurabh ji, who was renowned in jazz music circles. Lawyers engage in diverse professions; recently, I visited an organic restaurant in Bangalore owned by a lawyer. Exploring different interests can enhance focus and efficiency in one’s profession.

    Get in touch with Harish Narasappa-

  • “The process of learning in an advocate’s life is imperative and keeps you in line with the advancement of life, law, and technology,” – Dr. Mohit Singhvi, Founder and Head at Singhvi & Co.

    “The process of learning in an advocate’s life is imperative and keeps you in line with the advancement of life, law, and technology,” – Dr. Mohit Singhvi, Founder and Head at Singhvi & Co.

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

    Can you share with us how your journey into the field of law began? What motivated you to pursue a career in law, and what challenges did you encounter during your formative years in the legal profession?

    Frankly speaking, I was really bad at science and mathematics so that door was closed but had always liked to engage into arguments only to ensure that I have to fight for the right coupled with the attraction of the robes that lawyers carried in the courts which motivated me to the core. Now, I thank myself for choosing law as my career as well as my family and friends who supported my decision. 

    I never faced any challenge by the way, as I loved what I was doing, that included drafting, reading, researching as well appearing before the courts and tribunals. The only difficulty was to cope up with the financial doldrums. So, with whatever time I could manage and owing to my passion for teaching which I had developed during my law school, I engaged myself in taking up classes at universities, coaching institutes including taking up training sessions at ICSI and ICAI and was the youngest guest faculty at most of the places. That not only encouraged me to read and be well versed with the latest updates, it also helped me to have a harmonious balance between my expenses and income. Though the journey at Infosys, Vaish and thereafter with my litigation guru, Late Shri MR Singhvi, Senior Advocate and most importantly, my favourite mentor, Sr. Advocate Shri Ravi Bhansali was phenomenal and all the hard work and perseverance has led to the present day, for which I can’t thank enough to all those who had supported me in minutes.  

    As the Founder and Head of Singhvi & Co., what inspired you to establish your own legal consultancy firm, and what were some of the challenges you faced in the initial stages?

    I always believe that as a team of young individuals, you can always do more, think more and prosper more. The idea to have a team was dawning on my mind since law school days when we used to intern at various law offices and see the seamless way of functioning and sharing of thoughts and ideas. As a first generation lawyer, when you think of having your team, it brings along that guts to incur expenses of having proper office space, payment of professional fee to the team as well as office administration expenses. So, during the initial days, I ended up squeezing all my income in order to cope up with the management of the office. Though, the scope of work increased along with the client base and we could eventually end up serving varied clients at different locations with ease and came out with amazing reliefs and results from Hon’ble Courts and tribunals apart from serving the clients on non-litigation work. 

    Empanelled as counsel for various esteemed institutions, could you shed light on the significance of such partnerships in your legal practice? Also could you please share some insights to your role.

    In the beginning of my career, I always saw others engaging and thriving into empanelment of various private and government institutions but I was always busy serving my clients and could not spare time to invest in the effort to get myself empanelled anywhere. I always focused on work and ensuring timely resolution of my client’s grievances. With 7-8 years of experience in my kitty and having developed little name and reputation, there came a time when various institutions and companies approached for engaging me as a retainer/empanel as their lawyer and time just went in a jiffy without realizing the journey which has been extremely rewarding, challenging and full of learning nuance. The focus is yet again on serving clients with honesty and integrity and that is the success mantra. 

    Given your interest in contract and arbitration, could you discuss the evolving landscape of dispute resolution mechanisms in India, particularly in light of recent legal developments?

    Even as a law student, I was very keen in learning about the Arbitration and Conciliation Act, 1996 and used to request the seniors during my internships to involve and engage me in the respective arbitration and dispute resolution team which nurtured my mind at the very inception. The timely resolution of the disputes with such flexibility in approach revolutionized my mind and shaped me to work more and more towards this stream and today I have the honor to have resolved disputes related to partnerships, infrastructure, construction and JV and working capital consortium agreements amassing more than 3000 Crores. India has passed the proverbial litmus test after conjoint efforts from across the wings of the government in the last decade or so and has left no stone unturned to transform India into a matured arbitration hub and the future seems to be extremely promising and fructifying. 

    As a visiting faculty member at various institutions, how do you integrate academic insights into your legal practice, and what do you hope to impart to aspiring legal professionals through your teaching engagements?

    I always believe that the best way to keep yourself updated is to read and exchange. When you have to teach, you end up doing both though you do not realize that you gain so much from the students and professionals you engage with which will shape you into a better, healthier and smarter lawyer. I have been very practical in my approach towards my life as well as profession and that’s what I request each and every individual.

    As someone deeply involved in real estate transactions, what are some key legal considerations that individuals or companies often overlook when engaging in such deals, and how do you ensure comprehensive due diligence?

    Land due diligence is the most critical aspect which was not really considered by the general public, barring corporate dealing into big land parcels. Over the past 10-15 years, I have witnessed imperative growth and recognition which has been extended to DD which assists to thoroughly investigate and assess the details & risks associated with a transaction before taking a final decision on the execution and acts as a shield to protect against possible fraud which is very common these days.

    As someone pursuing CS [Final], how do you perceive the intersection of company secretarial practice with your legal expertise, and how does it complement your role as a legal consultant? Also what motivated you to pursue a Ph.D. in Law, and how has this advanced degree contributed to your expertise and outlook in the legal field?

    I understood the importance of studies and knowledge gaining while being a part of Infosys which believed in the Continuous Education Programme (CEP) and that motivated me to improvise my skills and knowledge and learn every day. The process of learning in an advocate’s life is imperative and keeps you in line with the advancement of life, law and technology. Doctorate in law allowed me to understand the importance of research which I was always very keen on and is one of the important pillars for any one practicing law. 

    As a visiting faculty member interacting with students, what positive attributes do you find most prevalent among the current generation, and conversely, are there any areas you believe they could improve upon to excel in the legal profession?

    The present generation is advanced, well-read and extremely stylish. Though,  I see that they need to learn to remain grounded and stick to the basics of law and life which will prepare them to accommodate and live with the day to day challenges and set-backs litigation can offer you. Being punctual can add feathers to your profession as you may miss your matter by a fraction of second and the litigant suffers. This is just not a profession, this is service to the society and that’s why we lawyers are known as social engineers. Though, I believe that the upcoming generation should focus on dress well, address well and redress well. 

    With your busy schedule and demanding profession, it’s essential to find moments of relaxation. Could you share some activities or practices you engage in to unwind and recharge outside of work?

    I am fortunate to have my life partner, Deepika as a professional partner as well and that keeps us occupied and entertained. We travel a lot for work and use it for leisure as well and that maintains work-life balance. Thankfully, in Rajasthan we have a long summer break and decent winter break, which we dedicate to travel abroad with family and this has now become a norm of our lifestyle. We also enjoy cricket and our leisure time is mostly spent with family and friends while enjoying music and rejuvenating ourselves. 

    Your internship experience includes working with Infosys, a renowned IT company. How has this experience influenced your perspective on legal matters, and what differences, if any, did you observe between working in a law firm and an IT corporation?

    The work there was limited to compliance and drafting with minimal court work. Though, working with the top in-house legal team with fantabulous work style and strategies shaped my capacity to perceive, interpret and implement complex legal issues which has culminated into a matured and calculated approach in the legal profession. 

    Get in touch with Dr. Mohit Singhvi-

    • “Education knows no bounds – Specialization has its strengths, but exploring diverse branches enriches one’s legal knowledge” – Neeraj Malhotra, Senior Advocate at Supreme Court of India

      “Education knows no bounds – Specialization has its strengths, but exploring diverse branches enriches one’s legal knowledge” – Neeraj Malhotra, Senior Advocate at Supreme Court of India

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

      Reflecting on your college days, what prompted you to pursue a career in law, and could you share some fond memories or experiences from your time as a law student? Also Can you share with us some pivotal moments or experiences that shaped your career, especially during your early years of practice? 

      My decision to pursue Law and become a lawyer was not planned. Upon completion of my matriculation from Delhi Public School, R.K. Puram, New Delhi, I opted for the Commerce stream as I had intended to pursue Chartered Accountancy and become a Chartered Accountant. In furtherance of the same, I took up the B.Com (Hons.) course in Delhi University in 1986 and persuaded the same till 1989. During the said period, I came in contact with another student in my college, whose father was a practicing advocate in the District Courts and the Delhi High Court. During my frequent visits to my friend’s residence in that period, I also had the occasion to communicate and interact with my friend’s father and he encouraged me to pursue a career in law and become a lawyer. That shaped the trajectory of my career and I  decided to travel the path towards becoming an advocate. 

      Talking about my time as a Law Student in the Campus Law Centre, Delhi University makes me feel all nostalgic. The three year period was filled with excitement, hard-work and also the apprehension about the future which the legal profession would hold for me. I was anxious and happy at the same time. However the entire period of my graduation in law was very informative, enriching and satisfying wherein I was taught by best legal brains and scholars in multifarious subjects of law, which included Professor Upendra Baxi, Professor Mata Din, Professor Tahir Mahmood and Professor M.P. Singh. As a student, I was always zealous to learn and gain knowledge. I remember an instance when Professor Upendra Baxi did not come to the college on a particular day. Determined, not to miss a class and the passion to learn , I attended another class which was being taught by Professor Mool Chand Sharma, despite the fact that I was not a student of Professor Sharma’s class. I am also reminded of the fact that during that period we had wooden benches and tables in our classroom and had a small canteen, unlike a café today, where I used to have my tea during the Class breaks, along with some of my batchmates. We hardly had any moot courts at that point of time. My travel used to be in a DTC Bus on a monthly pass of Rs. 12.50 and the journey to and fro my residence and my college is still fresh in my mind. 

      During my initial and formative years as a Lawyer, I learned invaluable lessons from my seniors. I had the benefit of being mentored and guided by two seniors viz Mr. Justice Sanjay Karol, an incumbent Supreme Court Judge, who was a practicing advocate at that point of time and Mr. Sanjay Jain, Senior Advocate and ex-Additional Solicitor General of India. They taught me to be work centric and being meticulous in my work. I was asked to prepare my cases at least a week in advance of their hearing dates. I was also briefed about the manner in which case notes were to be prepared and how to undertake and execute quick and effective legal research qua any particular subject of law and dig out the most appropriate legal precedents . I also learnt the invaluable lessons of being “all ears to one’s clients”, to read the relevant statute(s) before venturing out to draft any pleadings, to be respectful towards the judges and practice ethically in the profession. 

      One instance which I would like to share with my readers relates to a judgment which had been passed by the Delhi High Court against one of our Clients. My Senior asked me to assail the same but without specifying whether the same should be done by means of a Review Petition or an Appeal. I drafted and filed an Appeal and when the same was listed for hearing , I apprised my Senior that I had drafted and filed an Appeal before the Division Bench of the High Court. After reading the judgment under Appeal , my Senior pointed out that the appropriate remedy was a Review Petition and not an Appeal. Though I attempted to convince him legally that an Appeal was the appropriate remedy instead of a Review, he was apprehensive that the Appeal would not be entertained and asked me to appear before the Appellate court. I appeared reluctantly and argued the Appeal for Admission . The Division Bench on the first hearing itself allowed the Appeal in our favour and disposed of the matter . The reward was prompt and my Senior took me out for lunch the very same day.  

      ​​Your expertise spans across various branches of law including Arbitration, Capital Market, Electricity, Environment, Insolvency, Insurance, Intellectual Property (specially Patents) and Telecom. What inspired you to diversify your practice, and how do you manage to stay updated with the ever-evolving legal landscape in multiple domains?

      I had the advantage of undertaking myriad and multitudinous cases for drafting, research and arguments in different Courts and Forums including the Supreme Court, High Court, MRTPC, NCDRC, Press Council of India, CAT, DRAT, DRT, CLB , during my initial years of practice , as my Seniors practice spanned over multifarious courts and Tribunals.  I owe my knowledge and expertise in the niche subjects of law to the work which  was entrusted to me during my period as a Junior Advocate / Associate and also to my decision to be acquainted with varied branches of law, instead of specializing in one branch which would have curtailed my legal knowledge. Specialization in a particular branch of law comes with its strengths but also has its disadvantages. It ultimately depends on the personal choice of a lawyer as to whether he wishes to attain specialization in a particular branch of law or specific branches of law or explore all branches of law. I chose to specialize in some upcoming and niche branches of law and to delve in other branches of law also. 

      After the grooming in my formative seven (7) years as a Junior Lawyer / Associate , I decided to venture out on my own and resultantly I joined hands with another lawyer and expanded my practice in diversified branches of law which included Arbitration Law, Banking Laws, Commercial Laws, Capital Market Law, Competition Law, Corporate Law, Criminal Laws, Electricity Law, Environmental Laws, Indirect Taxes, Insolvency Law, Insurance Law, Intellectual Property Rights related laws, Mining Law and Telecom Law, whereafter I was designated as a Senior Advocate in 2017. 

      It is very important to keep oneself abreast of the latest developments in all branches of laws including the amendments in various statute(s) and the latest judicial pronouncements on various branches of laws . Since I am an avid reader, I have subscribed to various online legal softwares besides different legal journals , which keeps me updated about the latest developments in law. Besides the above , I also read books and commentaries on various subjects of law in which I specialize . Legal Conferences also give me an insight to the latest developments as well as the changing trends around the globe and I actively participate in Indian and International Conferences. Additionally, I also run through articles on different subjects of law and articles which critically examine the interpretation of various judgments. 

      Your contribution to the development of competition law in India, especially through challenging the levy of pre-payment penalties by banks, is noteworthy. Could you share some insights into the challenges you faced during such landmark cases and how they have influenced your approach to similar matters?

      Answer: In the year 2009, I filed a Complaint in my name under Section 19(1) of The Competition Act, 2002 against various Banks and the Indian Banks Association. My Complaint alleged that various banks were indulging in the practice of imposing prepayment penalty charges for the premature closure of housing loans which was ranging from 1 – 4 % , either on the entire principal amount of the loan or on the outstanding balance of the loan and this practice was creating a deterrent to a borrower from switching over and migrating to another Bank offering a lower rate of interest which could enable a borrower to avail of a reduced rate of interest and thereby a cheaper loan (also called refinancing the loan) from the other Bank . This practice was thus anti competitive and anti consumer as the same indirectly determined and controlled the price of the services and also created a barrier for new entrants in the market. Thus as per my Complaint, the Banks were contravening the provisions of Sec 3(1), 3(2), 3(3) (a) and 3(3) (b) and Sec 4(1), 4(2) (a) (i) of The Competition Act, 2002. My complaint was numbered as Case No. 5/2009 and was titled as Neeraj Malhotra, Advocate V/s Deutsche Post Bank Home Finance Ltd. & Ors.

      The Commission after hearing me as the informant and considering the information and the documents filed by me arrived at a prima facie finding that a case of appreciable adverse effect on Competition existed against the Banks as mentioned in my Complaint and ordered investigation by the Director-General, CCI (DG) vide its order dated 10.09.2009​.

      The DG in his report recorded the finding that the allegations pertaining to the Banks imposing prepayment penalty/charges were found to be correct . Further, concerning my allegations of violation of Section 3(3) (a) & Section 3(3)(b) of the Act, the DG recorded his finding that Section 3(3) (b) of the Act was violated. The DG investigation further revealed that in the context of Section 19(3) of the Act, levying of prepayment penalty created a barrier to a new entrant in the market in a way that if the new entrant was providing competitive/lower interest rates, better services etc, the borrower of  the existing banks could only avail the services of the new entrant by incurring an additional cost in the form of prepayment charges. The levy of prepayment penalty by banks made the exit expensive and thus acted as a deterrent to the borrower. It was further stated by the DG in his report that the group of banks (under the IBA) had come together and taken a collective decision to limit market competition and to generate fee-based income. The said collective decision of the bank was beneficial to the banks but on the contrary, was anti-consumer and anti-competitive. Given above, the DG came to a finding that levy of prepayment charges by the banks violated the provision of Section 19(3) (a) (c) and (d) also.

      However, by a majority judgment of 4:2 pronounced on 02.12.2010, the Commission held that there was no contravention of Sections 3 and 4 of the Competition Act. The minority decision however dissented from the majority judgment and held that the Banks could not enter into any agreement for charging the above prepayment penalty. 

      I think the major takeaway from the above case was that after the passing of the above judgment, the Reserve Bank of India took up the said issue and clarified that the Banks and NBFCs could not impose prepayment penalties on loans sanctioned to individual borrowers.,  After the same, a substantial number of Banks waived off the prepayment penalty. 

      The biggest challenge faced by me while researching and drafting the above case was the collection of data pertaining to the banks which were levying the prepayment penalties, the rates of the penalties, the extent of loans  availed of by the borrowers who intended to switch over to other banks ,the percentage of such borrowers etc. In addition to the same the law which was prevalent in other jurisdictions across the Globe pertaining to levy of prepayment loan penalty had also to be unearthed . During the stage of arguments , the tough queries put to me by the 6 member bench of the Commission , which consisted of experts on the subject , were also very challenging.         

      Being an avid writer and reader, how do you think literature and the habit of reading have enriched your legal practice? Are there any particular books or authors that have had a profound impact on your professional journey?

      I have always been a very avid and a keen reader and devote a substantial part of my time on reading books relating to law. I believe that all of us, irrespective of being lawyers or not, must inculcate a habit of reading in any form whatsoever. Literature, viz. Written works are a form of human expression and have a high and lasting value on a human mind, be it Classical Literature, Modern Literature or Legal Literature. The benefit of reading enables a reader to understand the form of expressing an idea and also to improve one’s vocabulary and his manner of speech. Speaking about myself, I can say that the habit of reading has immensely contributed to my development as a lawyer. I attribute a significant part of my proficient drafting and oratory skills to my habit of reading . Literature has also contributed to my learning the art of cross-examination and I take pride in the fact that I am one of the few lawyers who have and are being engaged specially to cross-examine witnesses , including expert witnesses in highly complicated and high value disputes , before courts and in Arbitrations.  

      I have in the past two decades focused on books primarily pertaining to conducting cross examination, law lexicon with maxims, conducting civil and criminal trials besides books discussing aspects of articulating arguments, the thinking of judges, the idea of justice and the due process of law. In addition to the above, the autobiographies and biographies of various Legal Eagles including Nani Palkhivala, Fali S. Nariman, Moti Lal Setalvad, Justice Rajinder Sachhar have also been my favourite reads. 

      My favourite authors have been Lord Alfred Denning, Fali S. Nariman, Bhawani Lal, Moti Lal Setalvad, M.K. Gandhi, Richard A. Posner and Micheal S. Lief. Some of the books, which have contributed to my successful legal journey, include –  My Life – Law & Other Things, How Judges Think, The Articulate Advocate, The Idea of Justice, You Must Know Your Constitution, The Due Process of Law, Courtroom Genius, The Devil’s Advocate and Extraordinary Trials. 

      You’ve authored a handbook on the Capital Market Laws. What motivated you to undertake this initiative, and what insights have you covered in this book?

      Answering: My association with the Capital Market Regulator viz. Securities & Exchange Board of India (SEBI) relates back to the year 1997 when I got empaneled with SEBI and started conducting cases for SEBI in the Delhi High Court. Due to my proficient handling of their cases, I was assigned further matters by SEBI in other courts and Tribunals in the following years and my scope of work increased. I was one of the few lawyers who was handling important and sensitive matters of the Capital Market Regulator before the High Court of Delhi , Special Criminal Court, Central Information Commission , Company Law Board etc. 

      Due to my long and continuous association with SEBI, my expertise in the said Branch of Law and on account of my frequent appearances before the Delhi High Court, I was asked by one of the sitting judges of the Delhi High Court in early 2016 to author a  handbook on SEBI for a better and holistic understanding of the law pertaining to the Securities Market, as the same was a Specialized branch of law. Taking a cue from the same and also considering the fact that knowledge was meant to be disseminated for the benefit of the Institution ,  I ventured on the job of penning down a basic hand-book on SEBI which I titled as “Securities & Exchange Board of India – A Broad Overview – 2016”. 

      The said hand-book  gave a broad overview of the Securities Market Regulator wherein I traced the origin of the Securities Market in India, dealt with the history of the regulator of the securities market prior to the birth of SEBI viz, the Controller of Capital Issues, elucidated SEBI’s objectives, duties and powers, cited the key Regulations governing the securities market, touched upon other statutes which are interconnected with the SEBI Act, referred to the  significant developments in the securities market, adverted to some important legal precedents and finally culled out the notable achievements of SEBI since its inception. 

      After printing the said hand-book , I presented a copy of the same to all the sitting judges of the Delhi High Court.

      With the legal profession undergoing rapid changes, especially in the digital era, what advice would you give to aspiring lawyers looking to build a successful career in today’s dynamic legal landscape?

      The legal profession is very challenging and equally competitive. In the past two decades, the legal profession has witnessed a large number of aspiring as well as practicing lawyers going abroad for studies to hone their knowledge in the legal field. The aspiring lawyers should realise that the legal profession has benefited immensely from the advancement in technology in the last two decades and the accessibility to the legal software on the mobiles and laptops has enabled them to be more aware and informed about the latest developments in law while being on the move and they should take advantage of the same . Aspiring lawyers  should participate in moot courts and take up regular internships so as to build up their confidence and also get more exposure to real time practice in Courts and Tribunals. They should also make the optimum use of legal softwares and develop a strong aptitude for legal research. They should also endeavor to host webinars on different legal subjects by calling reputed lawyers from diversified fields of law. They should   participate in legal conferences and widen their legal spectrum. They should be mindful of their objective and interests while  choosing a Seniors chamber and should endeavour to associate themselves with a Chamber which aligns with the areas and branches of law of their interest and the courts/ forums where they intend to practice in the future. They must watch and observe the manner in which their Senior addresses arguments in the courts. They should remember that there is no substitute to hard work. They must be strong, be determined , be focused and be ethical. 

      Balancing a successful legal career with personal interests and hobbies can be challenging. How do you manage to maintain this balance, and are there any activities or hobbies that you find particularly rejuvenating outside the courtroom?

      It is very important but equally difficult to balance one’s professional career, his hobbies and family commitments at the same time. The balance attains importance in view of the facts that a lawyer cannot put his professional guard down and has to be dedicated to his professional career. At the same time, he has to devote ample time towards his family and also has to cull out time for himself to pursue his hobbies in   his areas of interest. 

      I balance my work, my hobbies and my family time to the best of my abilities. I ensure that I wind up my work by 9.00 PM and thereafter I spend quality time with my family till 11.00 PM. Hereafter again I read my briefs till around 1.00 AM. I manage to rise by 7.00 AM and thereafter go out for my walk / jog or play badminton. What I find very rejuvenating is to go out on a small vacation for 3-4 days and spent a relaxing time during the said sojourn by going out for walks or simply by reading my favourite books. 

      Your involvement in addressing sitting Judges from various High Courts on different aspects of law is commendable. Can you share some insights from these experiences and how they have influenced your perspective on legal education and awareness?

      Answer: I have had the occasion to address sitting judges from various High Courts in the National Judicial Academy, Bhopal on more than one occasion. The first address by me was on the law pertaining to the Capital Markets and the said address was co-chaired by me along with Mr. U.K. Sinha, the then Chairman of SEBI. The second address was on the law pertaining to the Partnership Act, which I co-chaired along with Justice (Retd.) Sanjay Kishan Kaul, an erstwhile judge of the Supreme Court of India. 

      The experience of addressing sitting High Court Judges was very unique and interesting. The fact of a lawyer being on the dias and speaking on a branch of law in front of sitting High Court Judges actually reverses the role of a judge and  lawyer , as otherwise the judges usually address lawyers on legal issues in legal conferences and seminars. The experience in the Academy was very meaningful inasmuch as the sitting judges actively participated in the session and put various queries to the Speakers. This was a manifestation of the fact that  law is ever evolving and one is always a student of law, be it a lawyer or a judge . It should be understood that there are always areas to be explored in different branches of law and one can never be a jurist unless he reads, listens , queries and explores. The informal interaction by the sitting judges after the session was over was very encouraging and equally heartening as the judges praised the speakers for their in depth knowledge of the particular branch of law . This further evidenced the simplicity of the judges and their openness to become aware of the specialized branches of law. As the saying goes – Education is not subject to the law of diminishing returns. 

      As someone who has mentored and guided numerous aspiring lawyers, could you share your perspective on the importance of internships for law students? What advice would you give to students seeking meaningful internships to enhance their legal education and practical skills?


      There is no substitute for hard-work, dedication and commitment in the legal profession. If you are focused on your work, you will succeed. An aspiring lawyer must have the zeal and enthusiasm to train oneself and emerge as a formidable lawyer. The stream of practice and the chamber which a lawyer joins, determines the trajectory of the career of lawyer. 

      Internships are a very important facet in the career of a lawyer. Internships give an aspiring lawyer a real feel of being on the job. Aspiring lawyers should prefer undertaking online internships instead of offline and should juxtapose legal research along with  attending courts and observing court proceedings during their internships. During this period, they should also emphasis on writing legal articles on different aspects of law, which would enable them to improve their thinking, writing and research skills. They should be part of the conferences which takes place between their Seniors and Clients so as to learn the art of dealing with and handling of, the clients. They must have a full overview of the case before they go to the Court and should observe how their seniors argue in the Court. During their entire college tenure, they should endeavor to undertake internships in different chambers viz; with an individual lawyer, a designated senior lawyer, a law firm and also with Arbitrators,  so as to have a myriad experience of different chambers of law . 

      Get in touch with Neeraj Malhotra–

    • “Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to give back to our communities” – Adv Anjana Sharma, Founder of Anjana Law Offices

      “Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to give back to our communities” – Adv Anjana Sharma, Founder of Anjana Law Offices

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

      Your journey from a small village in Bengal to becoming a leading figure in the legal industry is truly inspiring. Can you take us back to when you first started your law education and share some of the challenges you faced during those initial stages of your career? How did you overcome them, and what lessons did you learn along the way that have shaped your path to success today? 

      Yes it’s always a difficult journey for everyone who hails from a small area with no opportunities, less exposures, no proper infrastructures and so was mine being  born in a Family where  providing best of educations to girl child ( specially in the legal field) and sending them to English Medium or even to  different cities like Mumbai, Kolkata, Delhi, Varanasi  etc  for getting Higher Education  was so very financially , socially difficult and challenging even for my parents that time.  Gratitude to them. Through sheer perseverance and determination, I’ve managed to carve out a path for myself in this profession. Visualisation, Full Commitments and love towards your work  Resilience and believing in your dreams can take you places. You don’t need to come from a family of lawyers to make it in this field 

      Journey has  been filled with challenges and triumphs that I never could have imagined.  When Arjun asked for guidance, Krishna said the Gita. In it he went to the root of all conflict: the conflict between the human will and the divine will.  See the omniscient has the best plan for everything; When we willingly and intelligently play our part in His plan, we enjoy the fulfillment of love and the achievement of success and that’s what I am doing till date amidst all my challenges and conflicts in this life  Initially, my Father had this vision of me going into civil services or judiciary, but fate had other plans for me. When I  was in Delhi preparing for my UPSC my social passion  in my heart  that we are born on this earth for some purpose,  pulled me towards the law and appeared for the entrance and then did my LLB from Faculty of Law University of  Delhi.  The law faculty days were also  challenging at the same time they were a great life learning lessons from attending faculty classes, contesting Student Union Elections, attending Seminars,  conferences etc  in ISIL,   working with Professional Book Publishers , to  going to  learn basics  Tis Hazari Courts to Supreme Court of India  to gain practical knowledge. I remember it was difficult during those days to get internships in big law firms, with big dignatories in the legal arena as compared to now in this easy digitally approached world.  I was opposed and obstructed by many when I thought after completion of law  to start independently initially Anjana Law Offices from Delhi  many factors were there like  being underestimated ,no family background /generations also initial stage  who will give cases and how will  I manage finances and everything   but I just  went with the Flow as I believe in the Super Power who is there to guide and enlighten and make our path  we are not the doers everything is destined only we have to enlighten ourselves in such a way that we get that light which will show that path and we just have to walk on with our full  dedication by believing in ourselves. 

      Journey as a first-generation and also a female  lawyer to face in a profession that was earlier dominated by men for so long  has been quite a rollercoaster ride 

       Initial struggle days were same like many first generation lawyers from starting with no work no money (not getting clients, cases,  initially with no office space, as it was hard to get one without money and somehow getting both ends meet) and many other issues   to reaching out to this level after 15 years I am living in gratitude always.  With Benedictions of God and well wishers and family we  have now expanded our wings. Deciding to have a law firm office in commercial city Mumbai in Maharashtra, that was also a whole different ball game.  I mean, grappling with a new language, dealing with financial constraints, and not having any family background in law—it was tough, to say the least. But I wasn’t about to let any of that hold me back. I dove headfirst into learning the language, worked tirelessly, often without even getting paid, and I made some incredible connections with fellow enthusiasts along the way.

      As the founder of Anjana Law Offices, you’ve expanded your practice across multiple cities, recently launching a branch office in Chandigarh. What motivated you to establish such a widespread presence, and what challenges did you face along the way?

      As someone who’s deeply connected to spirituality, I have this unwavering belief in the vastness of the world around us. It’s like echoing the timeless wisdom of Sanatan, where even the cosmos itself is in a perpetual state of expansion. I see myself as just a tiny part of this grand essence of Brahma, playing my role in the greater unfolding of things.

      And speaking of expansion, our decision to grow Anjana Law Offices into multiple cities, including our recent branch in Chandigarh, wasn’t merely a strategic move. It was a deep commitment to providing top-notch legal services. Sure, we faced some hefty challenges along the way, like maintaining our high standards and navigating through complex regulations. But our expansion is fueled by a fierce determination to reach out to diverse communities and make a positive impact.

      Through sheer perseverance and a steadfast dedication to our core values, we’ve managed to overcome these obstacles. It’s a testament to our unshakable commitment to ethical excellence in everything we do.

      Your dedication to social causes, especially your work with senior citizens, women, children, and the differently-abled, is commendable. Can you tell us about a particularly impactful case or initiative where your legal expertise made a significant difference in the lives of those you’ve helped?

      Our Constitution of India also ensures that  everyone regardless of their background or financial status has the ability to have their legal rights and grievances properly heard, represented and addressed. However despite its importance, access to justice for many people we see while practicing is a challenge altogether.   Role of lawyers is very important. I firmly believe in this quote “Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to give back to our communities”. 

      In one of my recent case in  the Supreme Court  wherein it  held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State has not only impacted our client life but also will have an impact in many innocent people’s lives  Earlier different courts had different views on such issue but now after this judgment there is a clarity so far as this bail criminal jurisprudence is concerned.
      At our office we also give time in helping people who are really needy  and are victims too to help them come out of their legal problems to the best of their capacity. Through our social projects we have been able to  help many needy people through law. Many times I have even faced threats to my life and limb. I am  grateful for having a great team who is my ALO Pariwar I call who always assists me wholeheartedly whether it be my social initiatives or may it be our corporate business commitments.  Well  there are many cases which  were landmark in  my and my firms growth  covering almost all spheres of laws and cannot be shared in details here  There is a  case which comes to my mind  where a  Senior Citizen  was admitted by children to a renowned Hospital for treatment,   she never had imagined that she would be lying there  for almost 8 months with no visible improvement in her health and also was a victim of medical negligence her health has only become worsen but somehow the hospital managed to rack up a bill of Rs more than 30  lakh  She left to the heavenly abode though but the legal entanglement faced by children is still going on and we are still fighting for her rights. As in medical negligence cases so far as our country is concerned  the fight is real tough the way we find the views of Courts recently MP High Court had quashed petition of medical negligence in case of three doctors, then Karnataka High Court quashed similar petition for want of expert opinion. One divyangjan who lost his life at a port trust his family  got compensation  Recently  I  fought for rights of a victim who was just 36 years old and  he was forced to burn himself alive  before the DSP office for not registering the FIR against culprits and he also had released a video. Beyond legal help we also tried to help him get blood and other requirements when he was admitted. Such cases involves lot of risk to life and limb as it’s a fight with the system is very challenging specially 

      Your commitment to social engineering and providing pro bono legal services to the needy is remarkable. Could you share a story or experience that touched your heart and reinforced your belief in the power of law to bring about positive change in society?

      Indeed Law is a powerful tool if effectively used to spread peace and humanity throughout. Well  at the end justice matters and lawyers are the  powerful social engineers who can bring great transformation to the society.  However though  in practice many times it is seen that justice is delayed however not denied. This happens because when we talk about rule of law and democracy there are wide gaps between policies and practical procedures and also lack of awareness of  basic laws  The Supreme Court of India has priorities and bolstered legal aid by forging a crucial link between Article 21 of the Indian Constitution and the right to free legal assistance, particularly highlighted in the Hussainara Khatoon v. State of Bihar case it was commitment to empower marginalized communities and enhance legal awareness, the Supreme Court established the Supreme Court Legal Services Committee also 

      Well I remember one matter where  helping one girl child from Bihar  and her family trapped in a  false Child Labour Offence case is worth mentioning. I remember not sleeping for a couple of days when we were at this  project with goose bumps. It gave us practical hands-on experience with the darker side of an 94 year old NGO institution whose administration involved abusing physically, mentally and sexually abusing the children. It was a real tough legal battle where we used our  legal knowledge with par excellence and strategizing the case Well  the basic objective of the Child Labour (Prohibition & Regulation) Act, 1986, was  to ban employment of children below the age of 14 years in factories, mines and hazardous employments, and to regulate the working conditions of children in other employments, however how  some syndicates are operating whereby genuine people are trapped also is a big question mark on the government , administration, policy and implementations system. 

      Your authored book, “The Art of Managing Housing Society,” is a notable achievement. What inspired you to write this book, and could you provide us with an overview of its contents and the key insights it offers to readers, particularly those involved in housing society management? 

      “The Art of Managing Housing Society” was inspired by the need to address the unique challenges faced by housing societies in India.  I was  involved in a few society matters where people came to me  to take legal help both from  management committee against their members and members against their management committee corruption exposures.During that time only I had taken a stay order against one management committee notification given to a third party  parking contractor. So I realized that people  are entangled in legal issues from various spheres and most of the cases occurred due to lack of legal knowledge  towards society’s laws. This book offers practical insights tailored to the Indian context, covering legal compliance, administrative best practices, financial management, conflict resolution, and community engagement. Readers gain practical guidance on effectively managing housing societies, promoting harmonious living environments, and fostering a sense of community. Through this resource, I aim to empower readers to navigate the complexities of housing society management and promote a culture of cooperation and well-being.

      Having represented various high-profile clients, political figures, media professionals, and Bollywood personalities, among others, what are some key lessons you’ve learned about navigating the complexities of legal representation in such cases?

      Representing high-profile clients, including political figures, media professionals, and Bollywood personalities, has provided me with valuable insights into navigating the complexities of legal representation in such cases.  Here are key lessons learned: Confidentiality: Strict adherence to privacy and discretion builds trust and credibility. Media Management: Clear communication strategies help shape public perception and protect the client’s reputation. Legal Strategy: Thorough analysis and strategic planning are essential for achieving favourable outcomes. Ethical Standards: Upholding professional ethics safeguards the lawyer-client relationship and the integrity of the legal process. Effective Communication: Transparent communication fosters trust and collaboration between the legal team and the client. Crisis Management: Swift action and proactive planning are crucial for mitigating potential damage. Collaborative Approach: Leveraging diverse expertise ensures comprehensive support tailored to the client’s needs

      As someone who has conducted numerous workshops and training sessions on law and legal awareness, what do you think are the most pressing legal issues facing society today, and how can individuals contribute to addressing them?

      Here are the most pressing legal issues facing society today and how individuals can contribute to addressing them: Access to Justice: Many face barriers in accessing legal services. Individuals can support legal aid organizations and advocate for equal access to justice for all. Discrimination and Gender-Based Violence: Promoting awareness of laws against discrimination and gender-based violence and supporting initiatives that address these issues are crucial steps in protecting human rights. Environmental Protection: Advocating for stronger environmental regulations and supporting conservation efforts can help address environmental challenges such as climate change and pollution. Cybersecurity and Data Privacy: Increasing awareness of online risks and advocating for robust data protection laws are essential in safeguarding individuals’ privacy and security in the digital age. Criminal Justice Reform: Supporting efforts to address systemic inequalities in the criminal justice system, advocating for police accountability, and promoting restorative justice practices are vital for reform. By educating themselves, supporting advocacy efforts, engaging in legal advocacy, and promoting dialogue and collaboration, individuals can contribute to addressing these pressing legal issues and promoting justice and equality  in society.

      You’ve been recognized for your persuasive communication skills and spiritual quotient. How do you incorporate spirituality into your legal practice, and how does it influence your approach to advocacy and mentorship?

      Incorporating spirituality into my legal practice is integral to my approach to advocacy and mentorship. As someone who practices yoga and pranayama techniques and reads spiritual philosophy, I prioritize maintaining a clear head, good health, and spiritual wellbeing. These practices help me rise above stress and short-term thinking, allowing me to approach legal matters with a calm and centered mindset. Spirituality influences my advocacy by fostering empathy, compassion, and a deep understanding of human nature. I strive to connect with clients on a deeper level, recognizing their inherent dignity and worth. This approach enables me to advocate for their rights and interests with authenticity and conviction, seeking outcomes that align with principles of justice and fairness. In mentorship, spirituality guides my interactions with aspiring legal professionals. I emphasize the importance of integrity, ethical conduct, and mindfulness in their legal practice. Through mentorship, I encourage them to cultivate a sense of purpose and meaning in their work, empowering them to make a positive impact in the lives of others. Overall, spirituality infuses my legal practice with a sense of purpose, mindfulness, and compassion. By integrating yoga and pranayama techniques into my daily routine and engaging with spiritual philosophy, I strive to maintain balance, clarity, and spiritual well-being, enriching both my professional and personal life. 

      Apart from your impactful work in the legal field and your dedication to social causes, what activities or hobbies bring you joy and relaxation outside of your professional life? How do you unwind and recharge after a busy day of advocating for justice and supporting those in need?

      Outside of my demanding professional life, finding time for relaxation and rejuvenation is crucial. Though my schedule leaves me with limited free time, I prioritize spending quality moments with my loved ones which brings me immense joy and provides a sense of balance amidst the demands of my work. Additionally, I find solace and fulfillment in pursuing my personal interests, even within the realm of law. I devote time to reading legal texts out of my own volition, continuously seeking to expand my knowledge and deepen my understanding of the field. Furthermore, I am drawn to Indian spiritual and philosophical texts, which offer profound insights and nourishment for the soul. Engaging with these texts not only enriches my spiritual journey but also provides a source of inspiration and perspective beyond the realm of law. In essence, while my professional commitments are demanding, I prioritize finding moments of relaxation and enrichment outside of work. Whether spending time with loved ones, delving into legal literature, or exploring spiritual texts, these activities allow me to unwind, recharge, and find fulfillment beyond the courtroom.  

      Your dedication to mentoring youth and first-generation lawyers is commendable. Can you share a piece of advice or a mantra that has guided you throughout your career and that you pass on to those you mentor?

      For young juniors entering the field of law, trust, confidentiality, patience and diligence are paramount. In advocacy your good behaviour and your communication skills  also matters as people who come to you to seek justice are already in trouble.  Working under a seasoned senior provides invaluable guidance and a platform for learning. Curiosity about the ever-evolving landscape of law is essential, especially in the face of advancing AI technologies and the consequential social and political shifts. Developing strong drafting skills begins with being a voracious reader. Reading extensively about law and related subjects not only enhances knowledge but also hones the ability to craft articulate arguments and documents. With the convenience and accessibility of e-books and smartphones, there’s never been a better time to cultivate a habit of reading. I believe big dreams become pure only after overcoming big difficulties. This is the truth. There is never a shortcut to anything in life. It is necessary to apply it with the spirit of human welfare Your company also matters with whom you sit, it is very important that intention is important, with what intention you are doing the work, it is necessary to surrender to the Master all your acts, be spiritually dedicated towards your work , make it your love  and worship, only then will you  get a stable success and blessings will pour like anything in all  forms  no matter what you do, he will always be with you.

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