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.
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 havenurtured 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.
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.
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? AlsoCan 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 .
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.
Can you take us through the journey of your career, from your early days as a law student to becoming a Partner at Amicus Demos? What were some of the challenges you faced along the way, especially in the initial stages of your career?
I pursued my B.A. LL.B. (Hons) at the Faculty of Law, Lucknow University, from 1998 to 2003. Throughout my five years in law school, I actively participated in court proceedings as an intern, keenly observing the accomplished lawyers and stalwarts of the Oudh Bar Association, presenting cases before various courts. Post-graduation, I started my legal practice on the criminal side, appearing before the High Court at Lucknow and handling matters in Magistrate Courts and Sessions Court. Despite facing the common challenge of limited briefs at the beginning of my career, I recognized the importance of patience. Early on, the pressure to succeed was intense, but I firmly believed in focusing on developing the necessary skills for effective courtroom advocacy, rather than solely chasing briefs and financial gains, I prioritized honing my talents and improving the quality of my work. It was a challenge to decline cases where a case was not made out, but this approach paid off over time. With time my skills grew, so did the quantity of work, leading to a subsequent increase in remuneration.
You’ve had extensive experience practicing in the criminal side of law. What drew you to this field initially, and how has your perspective evolved over the years?
I had the privilege of growing up in a family of legal luminaries. My grandfather, Late Justice Murtaza Hussain, embarked on his legal journey in 1944, ascending from Munsif to the esteemed position of District Judge by 1968. His illustrious career continued with elevation as a Judge of the Allahabad High Court, Lucknow, in 1976. Thereafter, he also served twice as the Lokayukta of Uttar Pradesh from 1983 to 1989. My father, Late Jawed Murtaza, thrived in a flourishing civil practice in Lucknow. Meanwhile, my uncle, Justice Imtiaz Murtaza, made a mark as a prominent lawyer in the criminal side. His trajectory led him to become a Judge of the Allahabad High Court in 2001, culminating in his retirement as the senior most judge in 2015.
During my college days, I regularly interned at my uncle’s office, immersing myself in the dynamic realm of criminal law. His bustling chamber provided ample opportunities to engage with criminal cases, interact with clients, and witness the intricate interplay of legal provisions such as the Indian Penal Code, CrPC, and Evidence Act. This experience ignited my passion for criminal law, shaping my perspective and fostering a profound interest in the complexities of legal practice.
As a partner at Amicus Demos, what do you find most rewarding about your role? Are there any particular aspects of your work that you find especially fulfilling or challenging?
Mr. Gaurav Mehrotra is the senior/managing partner at Amicus Demos. Mr. Gaurav Mehrotra specializes in civil, constitutional, and commercial matters, while I exclusively handle criminal cases within the firm. Our professional collaboration is deeply rewarding, and the law firm feels like an extended family. Dealing with criminal matters presents a unique challenge due to its direct impact on an individual’s life and personal liberty. The stakes are inherently higher, often involving questions of life and death. As a defence lawyer, our focus extends beyond client representation; we strive to protect the rights of the accused and assist the court in uncovering the truth. One particularly challenging role for me was serving as a Special Public Prosecutor in a case involving high-profile officials and public representatives. This role demanded a distinct preparation and approach compared to our usual stance as defence counsel.
Given your experience as a panel arbitrator for stock exchanges, could you highlight some key differences between arbitration proceedings and traditional courtroom litigation?
There are some inherent advantages in arbitration proceedings. These proceedings are more expeditious and can be conducted in a manner to suit the better need of the parties.
Arbitration proceedings differ from courtroom exchanges in several key aspects. Arbitration offers a private setting, allowing for confidentiality, and enables parties to choose arbitrators for a neutral stance.
However, there is limitation to arbitration proceedings as the same are limited to inter se parties to an agreement or contract whereas traditional trial or courtroom proceedings are more accessible and cater to the needs of the public at large. The nature and result in an arbitration is only limited to either monetary claims or breach of a contractual obligation and therefore the proceedings are limited to that extent.
As an arbitrator on the panel for stock exchanges, my role involves resolving disputes between market participants in a fair and impartial manner. I assess evidence, review financial regulations, and consider market practices to make informed decisions. It’s crucial to maintain transparency and uphold the integrity of the stock exchange. The dynamic nature of the financial markets requires adaptability and a deep understanding of the industry. Serving on the panel has provided me with valuable insights into the intricacies of trading and the importance of fostering trust within the financial community.
The process is generally less formal, faster, and more cost-effective than courtroom proceedings. Arbitrators often possess industry-specific expertise. Decisions are binding with limited rights to appeal, contributing to a quicker and more final resolution compared to the traditional system.
You’ve represented some prestigious corporations. What are some common legal challenges these corporations face, and how do you approach addressing them?
Representing corporations in criminal matters presents unique challenges. One major issue is balancing legal obligations with the corporation’s reputation. Managing public relations during a criminal investigation is delicate, as negative perceptions can harm the company’s brand. Additionally, coordinating communication among various internal departments and legal teams can be challenging. Maintaining attorney-client privilege while interacting with corporate employees adds to the complexity. Lastly, corporations often face potential financial repercussions, including fines and regulatory sanctions, making strategic legal counsel crucial to navigate these challenges effectively.
Corporations often face problems due to local law and order situations as well. One such example is that a kisan (farmers’) union once lodged an FIR against a sugar mill and its officials alleging manipulation in quantity of sugarcane purchased. Often, criminal proceedings are sometimes instituted to settle civil and consumer disputes. A fitting example of such abuse is that once a criminal complaint was filed against a leading direct-to-home (DTH) television company and its directors by a consumer for some issue with respect to discontinuation of service. The proceedings were finally stayed by the High Court exercising powers under Section 482 CrPC.
As someone who has actively appeared before the Supreme Court of India, can you share any insights or experiences from handling cases at such a prestigious level?
Handling cases before the Supreme Court is a demanding yet rewarding experience. The process involves intricate knowledge of Constitutional and legal principles. The Court deals with matters of national importance and the stakes are quite high. At times, though we represent a specific client, the question of law involved in the matter affects the public at large and has pan India ramifications.
In one of my matters one old and ailing accused who had suffered brain stroke was denied bail by Sessions Court and was sent to custody, at that time there was a Rule in Allahabad High Court to give 10 days advance notice to State before filing bail, we filed SLP before Supreme Court directly challenging the order of sessions court and the Court was apprised about the prevailing rule, Supreme Court not only granted bail to accused but also issued notice to High Court, the same led to amendment of Rules and notice period in bail matters was reduced from 10 days to 2 days in the Allahabad High Court, which hugely benefited the public at large. Similarly, I also appeared in the proceedings before the Supreme Court in the Satender Kumar Antil matter and apprised the Court regarding the laxity in implementation of the guidelines and directions issued by the Court in the State of U.P. In one of the IAs, the Court took stern view of the practice prevalent in Uttar Pradesh where the Magistrate or the Sessions Court would simply deny the grant of anticipatory bail holding that there was no apprehension of arrest since the offences entailed less than seven years of imprisonment and was thus covered by the direction issued in Satendra Kumar Antil case. The Supreme Court strongly deprecated such a practice and since then, there has been a paradigm shift in the matters regarding grant of bail and anticipatory bail in the State of U.P. in consonance with the law laid down by the Supreme Court.
In your experience, what would you say is the most difficult or challenging aspect of handling criminal cases, and how do you navigate through those challenges to ensure the best possible outcome for your clients?
As a criminal law attorney, one of the most challenging aspects is navigating the emotional and personal nature of criminal cases. One of the challenges I feel is informing the client about an adverse order. As these matters relate to the life and liberty of the individual, it is emotionally challenging to inform them that the outcome was not favourable. Balancing legal representation with the human aspect of the client’s predicament requires empathy and a nuanced approach. Engaging with clients who may be facing serious consequences, emotionally charged situations, or societal stigma demands effective communication and understanding. The challenge lies in managing expectations while ensuring a robust legal defence. As a matter of principle, I always give my honest advice and opinion and inform them about the likely outcome of the case without giving them any false hope. I always advise my clients to cooperate with the investigation and trial and never abscond from the judicial process. The adversarial nature of criminal proceedings and the burden of proving innocence can be daunting. To overcome these challenges, maintaining open communication with clients and managing expectations realistically are some crucial aspects necessary in criminal law practice. Crafting a thorough defence strategy, staying abreast of legal precedents, and adapting strategies to suit the unique circumstances of each case are key elements in securing the best possible outcome for clients in the complex realm of criminal law.
Outside of the courtroom, what are some of your personal interests or hobbies that help you unwind and recharge?
Outside of the courtroom, I find solace in indulging my passion for poetry. Exploring the intricate beauty of language and the emotional depth of poetic expressions serves as a creative outlet. Traveling is another cherished pursuit, providing a break from the legal intricacies and allowing me to explore diverse cultures and landscapes. Spending quality time with my family is paramount; their support is my anchor amidst the challenges of court. These not only help me unwind and recharge but also contribute to a well-rounded perspective that enhances my legal practice.
Looking back at your journey from being enrolled as an Advocate to becoming a Partner, what advice would you give to young lawyers aspiring to build a successful career in law?
Reflecting on my journey so far, my advice for aspiring young lawyers is to embrace continuous learning, nurture a robust professional network, and cultivate a strong work ethic. Sharpen your communication skills, consider specializing in a specific legal niche, and stay adaptable to changes in the legal landscape. Uphold the highest ethical standards, persist through challenges, and strive for a healthy work-life balance. Community involvement and pro bono work not only contribute to society but can also enhance your professional reputation. Remember, success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.
Can you share the journey that led you to pursue a career in law, starting from your education at Hidayatullah National Law University? What motivated you to choose law as a profession?
Honestly speaking I stumbled upon law by chance. I was always interested in humanities and social sciences but took up a Science in my plus 2. But I soon realised that I was not very good at it. A friend of mine then informed me that there are these institutions called the National Law Universities and people graduating for these institutions are getting well-paying jobs. It was the first time that CLAT was being conducted for admission to these colleges. I did some research and thought that it might suit my interest. So I must admit candidly that I chose law to avoid doing Engineering and was lured by the promise of a Fat Pay Cheque .
As an Advocate-on-Record at the Supreme Court of India, you’ve handled matters of constitutional and national importance. Could you discuss a specific case that stood out to you, and how it shaped your perspective on legal practice?
Ans. As an AOR one matter which really stood out for me was a case wherein My Client, who is an RTI Activist, was not being allowed to reside within the confines of a District on the basis of false FIR’s registered against him. The FIR’s were registered by the same people against whom action was being taken on the basis of representations made by My Client. The Supreme Court while allowing the Appeal observed and reiterated that the fundamental right of Free Movement and Residence across the Country cannot be curtailed on flimsy grounds.
Your experience involves representing clients in various High Courts, dealing with matters related to the Arbitration and Conciliation Act, 1996. Can you share insights into the challenges and strategies you often encounter in this area of law?
Ans. An Arbitration is nothing but a trial being conducted by a judge chosen by the parties and as per rules chosen by the parties. Therefore every Arbitration has to be approached in the same manner as one would approach a Trial before a Court of First Instance. As is the case with any Trial, even in Arbitration, it is of utmost importance that all the documents and facts, which are essential for establishing the claim, are brought on record. Even though it is said that one should not hide any facts from a doctor and a lawyer, however it is also a part of Human Nature to narrate only those facts which are beneficial to us. Therefore it is our job as lawyers to even extract those facts and documents, which are harmful to us so that we are not blindsided by them during the Arbitration. If you are thorough with your facts then all other challenges are manageable.
In your independent practice, you’ve represented clients before the National Company Law Tribunal and drafted appeals before the National Company Law Appellate Tribunal. How did this experience contribute to your understanding of corporate law and insolvency matters?
As a firm our primary focus is towards commercial litigation and naturally that includes litigation before the NCLT and the NCLAT. Since Insolvency Law is still at a fairly nascent stage, every case brings with it a new set of challenges. That also gives you the opportunity of contributing towards the Insolvency Jurisprudence as a whole. One case that stand out for us, which also then became a landmark judgment with respect to powers of NCLT under the IBC, is the case of E.S. Krishnamurthy v. Bharath Hi-tech Builders Ltd. We handled that case from the NCLT uptill the Supreme Court and therefore it is very close to our Hearts.
As an Associate at Gohil and Singh Law Chambers, you were involved in drafting and researching on petitions before the Supreme Court. Can you share a memorable case and the legal issues you tackled during that time?
Mr. Pradhuman Gohil, has played a big role in my development as a lawyer. I worked with him for four years and extensively worked on matters before the Supreme Court. There were several cases which helped me to hone my skills as a lawyer. However one case which stands out was a Criminal Appeal in which we were defending a person convicted for murder. The case was based purely on Circumstantial Evidence and primarily based on statements of witnesses. We prepared for that matter for over six months and the hearing went on for 3 weeks. That case had all the issues can can think of a in a Criminal Case, ranging from importance of a Statement under Section 313 CrPC, Completion of Chain in a case of Circumstantial Evidence, Veracity of the testimony of a Hostile Witness, etc.
During your association with the office of Mr. Ajit Kumar Sinha, Senior Advocate, you were involved in researching matters before the Supreme Court and High Courts. Can you elaborate on the types of cases you worked on and the legal principles you engaged with?
Mr. Ajit Kumar Sinha is my mentor in the profession. I did majority of my internships under him and eventually started my career with him. I worked under his guidance for 2 and a half year. During my time with Mr. Sinha, I had the opportunity to work on matters pertaining to mining laws, service laws, Land Laws, Tender Matters etc. I also had the opportunity to assist him in the Coal Scam Matter and the NJAC matter.
Given your diverse legal background, from constitutional matters to criminal law and commercial transactions, what advice would you offer to recent law graduates aspiring to build a versatile legal careerandthose interested in practicing law at a high level and dealing with matters of constitutional significance?
My Advice to recent law graduates to not restrict themselves to practising only in one area of Law. The Beauty of the profession lies in its diversity and therefore one must try and grab onto all the work that comes their way. One must be a jack of all trades, because that goes a long way at retaining clients. The aim has to be that for your Client you should be the one stop shop.
Every person has a different journey and one advice that a friend of mine once gave me is to not compare my journey with that of others. Law, and especially litigation, demands perseverance. You just need to stick around and give your hundred percent, and at the cost of sounding preachy, I must say that there are no short cuts.
Sir, could you please share the story of how you initially decided to pursue a career in law? Were there specific experiences or influences that led you to choose this path?
First of all, I am a second generation lawyer. I was motivated to pursue law from the beginning as Law is a noble profession and contributes a lot to society. Since my childhood, I have seen my Father’s contribution towards society as his core practice area was Criminal Law. However, during my college days, I was much inclined to pursue my career in the stock market being financially connected which goes to my core passion. Simultaneously, I was pursuing Law and finally, I decided to shift myself to Law especially in Commercial matters, which is a mixed bag of finance and commerce. I, then, shifted to Delhi.
With almost 12 years of experience across litigation, commercial arbitration, and consumer and company litigation, what motivated you to specialize in these specific areas within the legal field?
I am passionate to read and learn more and more deep into financial activities related to business and commerce. This interest connects me with the litigation and enlightens me to understand the problem of a businessman in a much better way, which ultimately led to making a business decision. Law can be practiced by anyone but having basic knowledge over the general subject of the case either commercial, arbitration or consumer or company makes things easier to resolve the query in an effective way. Like an Advocate having understanding of stock market would be able to pursue a case related to stock market than a novice. Since I have interest in reading these topics, I was more inclined to specialise in the above specific areas in the legal field, so that I can deliver better than ordinary.
Your career includes appearances before various High Courts, the Supreme Court of India, and various tribunals. Can you highlight a particularly challenging case you’ve worked on and discuss the strategies you employed to navigate through it successfully?
It was in Sep’ 2014, when I caught up in a matter before Hon’ble Supreme Court. I briefed a Senior Advocate, however, he was stuck in a traffic jam and could not make it on time. I was called upon by the Bench to argue. With hesitation, I began and strenuously argued the matter. When I finished my arguments, my Senior reached the Court. However, by that time, the Hon’ble Court reserved the matter for order. The judgement was delivered in the month of March’ 2015 and finally, we succeeded. This case taught me to always be ready with the brief irrespective of engaging a Senior Advocate. I have fearlessly appeared before almost 11 High Courts of the country and numerous District Courts and Tribunals across the country and independently argue the matters. This rich experience and exposure are completely devoted to my Senior Colleague Mr. Ajay Abhay Monga Advocate, who always reposed faith on my skills and offered opportunity as and when it appeared.
Given your expertise in Consumer Laws, Commercial Law, and other areas, how do you stay abreast of the ever-evolving legal landscape, especially with regards to amendments and changes in laws and regulations?
In the current scenario, especially the deep presence of online updates and platforms, it becomes easy to keep updated. However, specific laws get evolved as and when I work upon a case file. I must state that sitting in Court, in idle time, is indeed a good way of learning and keeping updated, apart from learning argumentative skills and to have a broad idea about the temperament of a Judge.
You’ve been associated with significant reported judgments, such as Millennium Wires vs. The State Trading Corporation of India. Can you share the role you played in these cases and the impact they had on your legal career?
As explained to you above, the case you highlighted was a game changer for me as it was an opportunity to independently argue a case before the Hon’ble Supreme Court in addition to the fact that many stakes were involved. I was quite nervous in the beginning, however, after the hearing concluded, I felt immensely satisfied with my performance and it boosted my confidence to argue a case before any Court. I was involved in the above case since it was before the Hon’ble High Court of Delhi, therefore, I had good command over the facts and coupled with the fact that I briefed the Senior Advocate for hearing, so I was quite prepared with the case. The preparation, briefing and discussion with Senior and deep involvement in the case since inception, in fact, gave power and confidence to present the case independently.
Having worked on matters related to FEMA, PMLA, and other financial regulations, how do you approach advising senior management on the legal implications of business decisions, particularly in the context of financial laws?
Advising on the legal implications of financial laws certainly depends upon the kind of business my client is involved in coupled with their requirements. Those days are gone by, where businesses can flourish without legal support. Presently, the laws are quite stringent, which require legal advice at every stage of business decisions. Therefore, after understanding the business model and the requirements of a particular trade, I would advise my Client in making its business decisions in line with the financial laws.
From being an Associate to now being an Associate Partner at SNG & Partners, can you discuss the key milestones and challenges you faced in your career progression?
I belong to Gwalior, Madhya Pradesh and shifted myself to Delhi in Sep’ 2011 to pursue my career in law. Since, I was not much active during my college days, therefore, I was completely raw, when in fact, I entered the profession. I initially practiced with some Advocate for a period of 4 months and thereafter, I began my career with SNG & Partners in March’ 2012. Our Managing Partner, Mr. Sanjay Gupta is a kind-hearted and a great mentor, who always encourages the juniors. In the beginning, rushing from one Court to another gave me an exposure to a variety of laws. I was working under Mr. Ajay Abhay Monga, Senior Partner, who gave me ample opportunities to argue the matter independently. Later on, he handed over the outstation cases portfolio to me, which added more exposure in my experience. Travelling to various Courts is per-se add a great value, however, arguing a matter before another Court, apart from your regular Court, adds more experience and sharpens the argumentative skills. Travelling to different Courts gives independence as well as enhances decision making without the support of your colleagues. It also helps you to understand the local practices of various Courts. I must add that there are no free lunches anywhere and the same goes with different Courts in different states. You will face challenges like language barriers as all the Courts in this country are not following English as their base language but these exposures not only add experience but also shape an Advocate to argue a matter in challenging circumstances as well. My journey with SNG is full of challenges in each case, however these challenges make an Advocate. I am always thankful to my Seniors for always appreciating my work and finding me suitable for new challenges. A special regard to Mr. Monga, who has been a great mentor for me and guided me in my hard times and always motivated me.
As someone with a rich and varied legal career, what advice would you give to fresh law graduates who are just entering the legal profession? What key lessons have you learned along the way that you would like to share with them?
A law graduate must understand that law is a learning process, which would never end. Therefore, reading and understanding the law and its implications are essential. Like practice makes a man perfect, similarly, the more you read, the more you gain. Law graduates, during the initial days, must visit Court everyday and observe the Advocates arguing their cases and the kind of questions raised by the Benches. This will make them understand how the case is presented. You can make notes and read the file thoroughly, however, there are certain spontaneous questions, which would arise and those questions can be answered, only with your general acumen. A law graduate must not refrain from reading the topics, which are not necessary for the kind of legal practice he/she is involved in. He/She must understand that presenting a case before the Court is an art crafted by an Advocate. Thus, every advocate has a different way of presenting the case. Thus, the argumentative skills can only be learnt, when you hear and listen in a Courtroom. I wish All the Best to all the Law graduates.
Could you please share with us how your journey into law began? What inspired you to pursue a career in the legal field?
In my hometown, lawyers were not looked at with respect due to the low fees they used to command in the twentieth century. It was believed that those who could do nothing else, do LL.B. Hence, it was not a childhood dream fascinated by observing a successful lawyer in my neighbourhood or from some scenes in Bollywood movies.
I was living in a hostel while pursuing B.Com. Simultaneously, I was doing an articleship with a CA firm namely AAG & Associates as I wanted to become a Chartered Accountant as we knew only about being doctors, engineers, and CAs at that time. In December 2000, I unearthed a financial scam in the hostel management. However, the administrators of the hostel connived with the grifter and asked me to prove the charge after forging his confession letter. That day, I argued before the influential people to prove the clerk’s wrongdoing but they let him off scot-free. That was one of the worst days of my life when I got harassed despite being a whistle-blower. The proverb “Every cloud has a silver lining” became true to me. That night while introspecting the entire incident with my younger brother Naveen, I realised I had argued very confidently and logically before so many persons in authority. I also underwent the pain of false accusations and injustice done to me. They say “जाके पांव न फटी बिवाई, वो क्या जाने पीर पराई”. I realised getting justice was one of the most basic human rights. That was the night when I decided to stand for others in their pursuit of justice.
I sought time to meet Shri Ravi Sharma, Advocate, before leaving the hostel who portrayed a very good picture of lawyers in society and advised me to do LL.B. from the University of Delhi. As luck had it, the next day one of the articles of that CA firm called me to come to Delhi as he needed someone to share room rent. I immediately came to Delhi with a small briefcase in hand and cleared the entrance test of the Faculty of Law, DU and that’s how my journey commenced in law. This has turned out to be the best decision of my life to choose law as my profession and I heartily thank God for that incident.
How did you end up specialising in arbitration and litigation?
As far as my entry into the arbitration field is concerned, it was in 2005 when I was working in Amitabha Sen & Co., we filed an application u/s 11 of the Arbitration & Conciliation Act, 1996 before the “Chief Justice of India” for appointment of the Arbitrator in an international commercial arbitration titled: Secit S.P.A. vs. NTPC. I signed that application myself without engaging an AOR and approached the Registrar (Judicial) to take it on record who asked me to file it at the filing counters. But I tried to convince him that it was to be filed before the Registrar (Judicial) only as I was not approaching the “Supreme Court of India” but the “Chief Justice of India” in his administrative capacity as per the judgement in the case of Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd. (2000)2 SCC 388.
After several rounds of persuasion, the Registrar (Judicial) called me to his office and informed me that Hon’ble Mr. Justice RC Lahoti, the then Chief Justice of India, had allowed the filing of our application without engaging an AOR that too through the Registrar (Judicial) for the first time and the last time as his Lordship had directed him to amend the paragraph 10 of “The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996” whereby all applications thenceforth would be filed at the filing counter of the Supreme Court only. A few months after his retirement, I joined the late Justice Lahoti’s office as his Legal Assistant. I used to assist his Lordship during arbitral hearings and in writing legal opinions by doing research and preparing drafts. Just after I commenced my independent practice in April 2008, I was engaged in an international commercial arbitration. Advocates from other states and Clients started approaching me thereafter for their arbitration cases. Several cases related to arbitration law were marked to me by the Litigation Incharge, Ministry of Law & Justice when I became Senior Panel Counsel of the Union of India in December 2014 for cases before the Hon’ble High Court of Delhi. To date, I have already argued in approx 100 cases related to arbitration law before the High Court of Delhi and approx 50 arbitration cases before the Arbitral Tribunals consisting of former Chief Justices of India, former Judges of Supreme Court & High Courts, and former officers of CPWD/ MES, etc. Today, I am handling a number of high-stakes international commercial arbitrations and construction arbitrations for several ministries of the Central Government, PSUs, autonomous bodies, and private companies. That’s how my practice heavily tilted towards arbitration law.
You had the privilege of gaining first hand training from the Late Hon’ble Mr. Justice R.C. Lahoti, Former Chief Justice of India. How did this experience shape your professional life?
I was his Lordship’s first junior post-retirement who got the privilege of getting first hand training under his tutelage. His Lordship was very humble and soft-spoken and would never admonish or scold his staff for any mistake whatsoever. His Lordship was very meticulous in doing his day-to-day personal and professional work which deeply influenced me. He was fond of exclusive stationery and the latest gadgets. He guided me to read the autobiographies of legal stalwarts, classic literature, and even stories of Singhasan Battisi, Baital Pachchisi and Panchatantra as they develop decision-making abilities and have hidden messages of imparting justice. I imbibed the habit of gifting books from his Lordship only. So far, I have gifted hundreds of books to my interns, associates, friends, and libraries. The lesson I learned from his way of working was “जिन खोजा तिन पाइया, गहरे पानी पैठ” meaning thereby the one who keeps trying deeply gets the desired results. He would always ask me to examine even the repealed Acts and overruled judgments before drafting any opinion or award to find out the reasons for the development of present-day laws. He used to discuss with an open mind and would allow me to change his drafts if gets convinced by my viewpoints. Likewise, I encourage all my associates and interns to come up with ideas that may seem even absurd to make them learn the art of thinking out of the box.
Could you share insights into the international commercial arbitration case you handled before the ICC International Court of Arbitration, France in 2008-09? What challenges did you face, and how did it contribute to your professional growth?
I started my independent practice in April 2008 and obviously did not have that much work to do. After the elevation of its counsel as a judge of the High Court of Delhi, an Indian company having business in 70 countries approached me in July 2008 for its international commercial arbitration in which the tribunal consisted of three arbitrators from different countries, the seat of arbitration was in Geneva and laws of UK/ India were applicable as per the arbitration clause. Despite my lack of experience in doing international arbitrations under the aegis of the ICC International Court of Arbitration, one of the Directors of the company who used to take a deep interest in that arbitration, entrusted the case to me. So I had to study many laws at that time including the arbitration rules of the ICC, and the laws of the UK and India. I invested in buying many latest commentaries including Chitty’s Contract, Benjamin’s Sale of Goods, Kluwer’s Yearbook Commercial Arbitration, Buhler Webster’s Handbook of ICC Arbitration, Black’s Law Dictionary, etc which were very expensive for a lawyer who had just come into independent practice. I had written an email to a legal giant of that time to give me a written opinion on a particular issue which he declined by citing the reason that giving an opinion would disable him from appearing in the matter at a later stage. I briefed 3-4 other senior advocates but somehow my client did not get enough satisfaction; hence, asked me to handle the case myself. For final arguments, my client engaged Shearman & Sterling LLP, one of the largest law firms in the USA and asked me to hand him my passport so that he could get a Visa issued to participate in the arbitral hearings in Geneva. Today I regret and laugh at the same time that I had not even heard of passports by that time. Though I immediately applied for a passport but due to no change in the schedule, my client had to leave without me. Though we lost the case, the client again approached me to draft the application u/s 34 of the A&C Act, 1996 to challenge the arbitral award. This case considerably enhanced my interest, experience and confidence in international commercial arbitrations and gave me the opportunities to read laws of different jurisdictions and to brief several senior advocates which helped me in my ensuing practice. No doubt I earned handsome fees which enabled me to get established during those initial times. Of the above incident, I wish to convey to the fresh graduates that you should always be positive and hopeful as God has its mechanism to help you through unexpected ways.
Your profile mentions the publication of several critical articles and the delivery of speeches/ lectures to law students and professionals. How do you balance your practical legal work with academic pursuits, and how has this dual engagement enriched your legal practice?
Mr. Vinay Vaish, Managing Partner of Vaish Associates, encouraged me to write my first article titled: Should Capital Punishment Be Given Capital Punishment – A Capital Question” while I was interning in his law firm in June 2004. That article was published in Delhi Law Review – the annual journal of the Faculty of Law, University of Delhi. Thereafter, I wrote many articles that were published in the journals of NLU Jodhpur, Indian Law Institute, the Institute of Company Secretaries of India, Indian Social Institute, CNN magazine, etc. By writing articles, you not only learn to identify the legal issues but also how to do multidimensional research and develop your arguments; particularly when you seek to differ with a judgement of the Supreme Court/ High Court. Further, I have never declined invitations to deliver speeches and lectures to law students and professionals. The latest one was in December 2023 to the serving officers of Military Engineer Services, Ministry of Defence. I have also delivered lectures to 4th year students at a law school in Delhi as a guest faculty during my early days of practice.
There is no dual engagement and nothing to be balanced to write legal articles. I identify the conflicting issues while researching to argue in my forthcoming cases and shape them into articles/ case comments. I feel grateful to the late Hon’ble Mr. Justice RC Lahoti, Mr. Jagdish Sagar, Advocate, and Professor Alka Chawla, PIC of Campus Law Centre, for vetting my all articles with keen interest by taking time out of their busy schedules.
Due to publications, I have got many new clients who read my articles and approached me for their cases. One army man from Kolkata came to my chambers to engage me for his brother-in-law’s case as he believed that an advocate who dares to author and publish articles critical of the Supreme Court’s judgement would be dead honest. Senior Vice President of a pharmaceutical company came down from Bangalore to engage me in his several cases after reading one of my articles. During those days, law students from NLUs approached me to intern in my office after reading my articles as there were no online platforms at that time. I also got appreciation from my peers, seniors, and judges.
You’ve been representing various government departments, PSUs, and autonomous bodies since 2014. Could you share some highlights or challenges faced while representing them before the Delhi High Court and Arbitral Tribunals?
Representing the Central Government for me is a matter of gratification and a sense of fulfilment as well. Being the government’s counsel, you are expected to be thoroughly prepared and more responsible than the opposite party in your conduct before the court. You are appointed in cases of a wide range and having issues of national importance which is an exceptional opportunity to learn and get noticed by the judges and others present in the courtroom. Further, you get a close opportunity to learn how the government functions. I might have never appreciated how much effort the government officers make with utmost honesty and sincerity to safeguard the public money had I not been engaged by different government organisations in the last 9-10 years. However, there are certain practical and common challenges that I encounter while representing the government:
There is no monetary reward for winning the cases for the government. You need to have a strong purpose and abundant willpower that will propel you to keep burning your midnight oil.
Sometimes, you don’t get proper and timely instructions due to frequent transfers of the concerned officers or their heavy workload.
Difficult to find the concerned officers of different ministries as sometimes the cases get marked in late evening and you have to appear before the High Court the next morning when the opposite party might be seeking some urgent relief.
Very low fee irrespective of your standing at the Bar and the nature of cases which makes it difficult to run the office. No clerkage is paid even though you have to file ten thousand pages of documents with applications u/s 34 of the A&C Act, 1996. Payment of bills gets delayed routinely.
Had a good private practice; particularly, before the Supreme Court, prior to getting panels, which suffered due to heavy workload before the High Court of Delhi and arbitral tribunals. I couldn’t appear before other High Courts also which I used to do earlier.
Your focus has been on defending various ministries of the Government of India in construction and engineering arbitration cases. What complexities do these cases typically involve, and how do you navigate them successfully?
Construction law is a specialised field that has its highs and hindrances. Site managers who get the work executed are not available for briefing due to transfers or retirements, and documents related to the site like works diary, site order book, cement register, steel register, test register, drawings, etc are not made available due to non-maintainability of the record properly or lack of coordination between the headquarter and the site offices. Officers briefing me and sending comments to draft pleadings have generally not visited the site. Lack of trained and separate staff leads to delayed drafting and filing which sometimes results in imposition of costs or closure of the right to place on record the pleadings. A few arbitrators held hearings at venues out of Delhi where we could not go due to the lack of provision to reimburse the actual expenses. Some of the officers are unwilling to appear as a witness as they apprehend that in case their answers turn out to be favourable to the claimant, that may land them in the soup or they may be exposed to their inadequate knowledge. There is an acute deficiency of supporting staff and logistics required for efficient conduct of arbitral hearings. Officers as well as I are overburdened which makes us have late-night conferences in the office almost every day to prepare for the arguments the next day. The claimants engage a team of lawyers led by seniors, whereas the government does not have provision for paying a minimal fee to even a single associate of its counsel.
Further, a few of the sole arbitrators consisting of former judges may not have that much sound technical knowledge while the sole arbitrator being an engineer may not be able to appreciate the basic concept of ‘burden of proof’ and generally get completely baffled by the judicial precedents as to which one to be followed. Having a tribunal consisting of three arbitrators makes it unaffordable and the proceedings get delayed due to the non-availability of matching dates.
To encounter some of the above difficulties, I deploy my additional staff and I have also visited a few project sites to learn the quality and status of the executed works. I insist on the presence of project managers and site staff who have contemporaneous personal knowledge. Despite so many challenges, we have finished final arguments in more than 12 big construction arbitrations in 2023 out of which 8 awards have been published. All the cases filed by the contractors have either been dismissed, including two wherein our statement of defence not taken on record, or a small percentage of the claimed amount has been allowed. In one case, we have just been awarded 35 crores for counterclaims by a former judge of the Supreme Court. Such successes and genuine appreciation from the court/ tribunal alleviate all hurdles and make you stride with added vigour.
You’ve consistently pursued professional development, including obtaining a PG Diploma in ADR and currently pursuing an LL.M. in ADR. How do you believe these additional qualifications enhance your capabilities as a legal professional?
I firmly believe in continuous education in the form of participating in conferences, writing articles, and enrolling in specialised professional courses in which you are practising or intend to practise. I was greatly influenced by the fact that my mentor Justice Lahoti was looking for a tutor to learn Sanskrit language to read the untranslated literature in its original form just after his retirement, showing that age is just a number. Undoubtedly, doing an LLM/ PhD is not the recipe for becoming a good advocate but may help you learn the art of doing in-depth legal research, develop the habit of reading law books for long hours, explore the law library, learn the art of legal writing in the form of research articles and projects, if you have not done all the above in your law school due to the factors of you being in part employment or for lack of guidance, etc at that time. However, you would get to learn theoretical aspects of law and may make new lifelong friends and professional connections in the classroom. Further, additional diplomas and degrees in the same field you are practising in give a little extra credibility to your profile. Moreover, I have seen some government organisations and arbitration centres give added weightage at the time of empanelment if you have done LL.M.
Further, my father, who has earned three master degrees, always encourages us to go for higher studies by saying that no degree remains irrelevant and it may come to your aid in future. One of the reasons for attending the classes is that Generation Z keeps me updated with the technology and young at heart.
Lastly, considering your extensive experience and varied roles, what advice would you like to give to law students or fresh graduates who are just starting their legal careers, especially those interested in arbitration and litigation?
Ours is such a wonderful profession where all lawyers help each other without having any kind of competition or jealousy. You ask a query in any lawyers’ WhatsApp group and solutions will start pouring in. I would advise fresh graduates to not gripe about being first-generation lawyers or from small towns or being Hindi medium/ non-NLU students – “Count your blessings, name them one by one; Count your blessings, see what God hath done”. After coming into independent practice, I surprisingly realised that grey hair or lineage no longer convinces a client of you being a competent lawyer.
Never believe in the cries of nepotism and favouritism. Had it been so, I would not have won so many cases against eminent senior advocates and big law firms. The first case I won before the Supreme Court was where Ld. ASG was appearing for UOI and the recent one is against a senior known for his international arbitration practice. No judge has snubbed me for coming from a humble background. Please understand that every profession has its incomparable gestation period. For establishing in litigation you may have to ‘live like a hermit, work like a horse’ during the initial years.
Always be grateful to society for giving us affordable education – Most of us have got education in government schools and colleges at a negligible fee.
“Stay hungry, stay foolish” is perhaps the most apt quote for Advocates. Keep reading the A&C Act, Contract Act, Specific Relief Act, Partnership Act, Sale of Goods Act, Limitation Act, CPC, Suit Valuation Act, Stamp Duty Act, Registration Act, Bhartiya Sakshya Adhiniyam and General Clauses Act while waiting for your turn in the courts as many cases get dismissed for the technicalities prescribed in the above Acts.
Pay special attention to the art of cross-examination, which is done by your seniors and even by other advocates – with this skill alone you can batten down the hatches.
Finally, love your profession, it loves you back. Be proud of being an advocate – you are on an eternal quest of securing justice for the helpless and hapless people – sometimes the animals and nature even. God is always with you!
The following aspects greatly contributed to the growth of my practice:
One should undergo training for at least 5-6 years before establishing own chamber.
Invest in buying good commentaries and study the relevant provisions before doing any drafting or making arguments in the court.
As a matter of lifestyle make life-long relationships with your clients, classmates, and opposite counsel who often refer clients to you.
Write articles; particularly, for legal news & views websites and professional bodies like Chartered Accountants and Company Secretaries.
Read autobiographies of legal stalwarts and interviews on websites like www.superlawyer.in
Don’t waste your time in cafeteria gossip, at least during the initial years.
Try to grab the opportunities to argue the cases of your seniors. Most of the judges do not pass adverse orders if you fumble but they expect and appreciate good preparation at your end.
Do the same level of work for a fee of rupees one thousand as you would do for a fee of rupees one lakh – this will raise your default standards of working.
It is such a fast-paced profession that if you don’t realise you knew nothing 6 months back then you have wasted your last 6 months. Keep upgrading your skills by adopting technology, attending conferences, and doing specialised courses.
Honesty and Integrity will grow your practice like bamboo after 8-10 years.
It is not your last day in the court, it is not your last case – do your best and leave it to the fate of the client. Don’t get tempted to take a shorter route – it leads nowhere.
Have good terms with your seniors who may refer some cases to you when you leave their chambers. Mr. Vaish and the late Justice Lahoti have referred a few good cases to me.
Develop the habit of reading literature. Late Justice Lahoti used to emphasise upon reading books every day. Many times, I have referred to incidents from Ramayana, Mahabharata, Bhagawad Gita and stories of Munshi Premchand/ Ravindra Nath Tagore and recited Dohe & Sher to cut across my viewpoints which significantly impacted the judges/ arbitrators. I listen to classics on Audible these days.
Last but not the least, पहला सुख निरोगी काया. Please take care of your health to be in this unending marathon.
Can you provide a brief overview of your journey in the field of law, from your educational background to your current role as an in-house Legal Advisor?
My journey began with a passion for Indian civil services, steering my interest towards law despite an initial background in mechanical engineering. Pursuing a law degree from the University of Pune, I prioritized learning over grades, delving deep into various legal dimensions through diplomas, certifications, and practical experience. Working extensively in real estate law before completing LLB, I continued to expand my expertise in diverse legal areas—Civil, Criminal, Family, Consumer, Cooperative, Commercial, Labour, and Finance.
Joining a Pune-based law firm with a broad spectrum of cases but limited manpower allowed me to rapidly acquire extensive knowledge. Transitioning to a corporate role in a Singapore based company, specializing in commercial, legal, and financial advisory for startups, exposed me to a new realm of laws such as Corporate, Intellectual Property Rights (IPR), and Cyber Law.
Currently, as a Legal Advisor in a cluster of companies, I handle multifaceted legal responsibilities spanning litigation management, corporate agreements, Real Estate law, IPR, Data Privacy, compliance, and due diligence.
In your experience at Bluebox Consulting Pte. Ltd. in Singapore, how did you handle entity creation, management, and dissolution, especially in the context of startup operations?
During my tenure at Bluebox Consulting Pte. Ltd. in Singapore, I navigated entity creation, management, and dissolution within the startup landscape. Singapore’s legal and corporate procedures are notably straightforward, featuring user-friendly applications and streamlined processes that were quick to grasp and integrate into operations. Compared to India, the procedures are notably simpler and less cumbersome. Working closely with government agencies like ACRA & IRAS was a delight; their support further emphasized Singapore’s business-friendly ecosystem, which I found particularly favourable.
How have skills such as Legal Research, Due Diligence, and Litigation Management been crucial in your day-to-day Work, and can you share a specific example where these skills were instrumental?
In my current role, the company faces diverse litigations including SCC under section 138 of NI Act 1881, labor law cases, Special Civil suits, RCAs, among others. An instance that highlights the importance of my legal research skills occurred during a specific litigation where we needed case law to challenge the plaintiff’s authority to file the suit. Despite involving external counsel, my legal research proved pivotal. I uncovered relevant Case Laws that not only addressed the pertinent legal points but also showcased instances where the same individual involved in our case had committed a similar act in different cases across various High Court jurisdictions. This comprehensive research significantly contributed to our case strategy and defence.
As someone with expertise in Contracts & Negotiation, what advice would you give to professionals entering negotiations for international agreements?
For professionals entering negotiations regarding international agreements, I would emphasize the critical role of dispute resolution and jurisdiction clauses. Litigation costs in foreign countries such as the US and Singapore can be exceptionally high. Hence, incorporating arbitration clauses can significantly save on expenses and prove to be a more cost-effective solution.
You have pursued various certifications, including a diploma in “US Corporate Law & Paralegal Studies.” How have these certifications enhanced your legal knowledge and skills in practice?
These certifications I pursued, particularly the diploma in “US Corporate Law & Paralegal Studies,” have been immensely beneficial both in my current role and in my freelance endeavours. In my job, I frequently handle a diverse range of corporate agreements, many originating from foreign countries, necessitating a deep comprehension of international laws and procedures. This certification has served as a strong theoretical foundation that greatly supports and informs the practical work I undertake on a day-to-day basis.
Pursuing a Diploma in Mergers & Acquisition is an interesting choice. How do you see this specialization shaping your future roles or contributions to your current position?
Enrolling in a Diploma in Mergers & Acquisitions is a strategic investment in futuristic skills and opportunities. With India experiencing rapid growth, witnessing a surge in startups and companies undergoing transformations, there is a burgeoning demand for M&A and related expertise. I foresee this specialization playing a pivotal role in future roles or contributions, as M&A, being an extensive domain, already contributes, to some extent, to my current role, and I anticipate it will continue to be an asset as the complexities of M&A transactions become more prevalent in the professional landscape.
Working at Prof. Vijayrao Kale & Associates, you dealt with a variety of litigation matters. Can you share an experience that significantly impacted your approach to legal advocacy?
Sometimes, circumstances unexpectedly come to one’s aid. Learning directly from senior lawyers can be challenging, especially for first-generation lawyers like myself. In such situations, one must proactively seek opportunities and glean as much knowledge as possible despite facing repeated denials, frustration, and dissatisfaction.
Fortunately, during my tenure at Prof. Vijayrao Kale & Associates, I encountered a wealth of diverse litigation cases at various stages. Despite the limited number of Advocates available to handle these cases, this situation placed a substantial burden and responsibility on me as a newcomer in the field. This pressure, however, became a catalyst for my intense learning process, and I embraced it wholeheartedly. Within a remarkably short span, I absorbed an extensive amount of knowledge and procedural insights. I acquired insights that an average lawyer might not gain even after five years in the field, all within a mere 1-2 years.
While the pay scale was disappointing, the experience and knowledge gained were invaluable. This challenging environment became the breeding ground for exponential growth in my understanding and practical experience within the legal sphere.
Considering your diverse experience in law, what general advice would you give to fresh graduates entering the legal profession today?
Considering the diversity of experiences in law, my advice to fresh graduates venturing into the legal profession today revolves around the distinction between theoretical knowledge and its practical application. While understanding substantive law might seem more accessible, grasping procedural laws—often intricate and challenging to remember—poses a hurdle for beginners, especially first-generation lawyers.
Newcomers commonly struggle in acclimating to law practice due to insufficient revision of procedural laws. In my view, it is crucial for budding legal professionals to focus on memorizing procedural laws—prioritizing the relevant and frequently used ones—right from the outset of their practice. This foundational understanding significantly eases the comprehension of court procedures and accelerates progress towards higher levels of learning within the field.
Lastly, I would like to quote Roy Bennett for the first-generation lawyers,
“Your hardest times often lead to the greatest moments of your life. Keep going. Tough situations build strong people in the end.”
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