Super Lawyer

Tag: Insolvency Law

  • “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

    “People can be either destined for something or they can find the determination to get it” – Palash S Singhai, Advocate-on-Record, Supreme Court of India.

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

    Palash, your journey from assisting your father at the District Court to becoming an Advocate on Record at the Supreme Court is remarkable. What sparked your interest in law despite not initially considering it as a career option?

    I think people can be either destined for something or they can find the determination to get it. The advantages and pitfalls are many and, and yet it can work either way as long as we understand what we must do. I chose to study law and become a lawyer and I had some idea about what to expect. My father is a lawyer too, and he was my first mentor. After I finished high school, I started assisting my father in matters before District Courts. But when it came to choosing a career, neither of my parents persuaded me to study law. In fact, once I got enrolled into the law school, my father told me that he will not have me as a junior and that I had to find my own way. I know his intention was to ensure that I don’t get comfortable with the thought that I can just go back and join him. Sometimes you do better when things are not already decided for you. So, despite law being in my destiny, I chose it and I enjoy it everyday.

    As one explores further and learns more aspects of law practice, the excitement and zeal to learn only grows. But with this excitement, it is also important to remember that our work affects other people. So I try to be punctual at work and make sure to be present in courts whenever a matter is listed. I try to be diligent in preparing my case briefs and be ready to make submissions. For me there was no plan B and so I make sure that I am prepared for the challenges that litigation brings and I stay determined.

    You’ve had the opportunity to work on diverse cases, from representing a leading Infrastructure Company in arbitral proceedings to handling matters related to oppression and mismanagement. Is there a specific type of case or legal challenge that you find particularly stimulating or rewarding?  

    As a lawyer you have to be always ready for a variety of briefs. A new challenge comes with every new case. According to me, the best way to start preparing for a matter is to first read and understand all the relevant provisions of law, the statutory mechanisms, the procedures and the legislative intent of that law. From this, it becomes easier to proceed in the matter. The next step would be to marshal the facts. This enables us to be the master of the brief. If there is a chink in the armor, then we must know it. Unless we have complete control over the facts, there will always be some room for doubt. The best part about law is that it keeps evolving, so we can always read more and improve the arguments. However, the facts remain constant. Knowing all the relevant facts beforehand is not only crucial for the initial stages of a legal dispute, but also for appeals and petitions against a bad order. 

    It goes without saying that every new case is rewarding as it brings new challenges and the opportunity to overcome them. It also brings the opportunity to learn and to be more informed, articulate, and proficient. If you deal in diverse matters, you can draw a corollary from other laws and apply them to the case in hand to compare where the relevant law does not cover a certain aspect. If you know more, you can create a more convincing argument.

    You’ve been involved in a diverse range of legal matters, from commercial litigation to arbitration. When you’re not deep in legal intricacies, what’s something about Palash that people might be surprised to learn? 

    As lawyers, we are required to constantly juggle between courts, conferences, office, and whatnot. Since the time is always limited, we must utilize it properly and wisely. I have been fortunate to work in the organizations where I was given the liberty to set my own deadlines and prioritize my tasks accordingly. This also gives me a chance to keep up with my interests and hobbies. On most weekends, I play cricket or badminton with friends or we just end up spending some quality time with great conversations and movies etc. Being away from the family, this is a great way to feel comfortable in midst of all the stress. During the court vacations, I plan my travels and to try to get away from all this hustle bustle and to just explore places and food! I also never miss the annual “Jashn-e-Rekhta” in Delhi. Something which is surprising about me needs to be asked from my friends and colleagues because I spent most of my time around them so I think they are in a better position to point out something which is not very common about me.

    Being deeply committed to your work, you mentioned missing the football world cup final for your exams. How do you balance your passion for sports, particularly football, with the demands of a legal career?

    As I said, lawyers need to juggle between things and it is not as easy for everyone to find a good work life balance. I have seen my friends working till midnight or after that as well, working on weekends, holidays, festivals and on many other occasions. But I think we can all learn how to manage our time and work. Our profession demands utmost dedication, however, post Covid-19 era, I have realized that deadlines can be pushed when it comes to the health and well-being of a person. I never compromise on my health, but I also never make it a reason for deliberately delaying any important work. There is a difference between needing some personal time and merely making excuses, and I learnt that as soon as I stepped into this profession. 

    Staying involved in sports activities also helps. For me, sports, even if you just watch it, is the best way to release all the work pressure and helps in rejuvenating. I am a football geek. I had planned to watch the UEFA Champions League Final in Istanbul in May 2020 but then Covid-19 happened and it ruined all my plans. Then again, I had planned to attend the Football World Cup Final in Qatar, 2022. This time again my AoR exam was on the horizon and that was of course the priority. The exam was scheduled on the very next day of the Finals between Argentina and France. It was a legendary match and since I had decided not to watch it at all, my phone was flooded with calls and texts from all my friends and colleagues who begged me to just watch the game for some time. I didn’t and I don’t regret that decision as I cleared the exam and became an AoR which is a bigger achievement for me.

    Despite all these, I keep a slot blocked either on Saturday or Sunday first half for the sports be it football, badminton or cricket. I think this much I deserve after working sincerely for the entire week.

    It’s admirable that you take on pro bono matters for those who face financial constraints in seeking justice. Can you share a rewarding experience from one of these cases that left a lasting impact on you?

    One of my seniors during my initial days in the profession told me very frankly that I should start my career by focusing on briefs rather than money. That the money will chase you if you justify the work. I kept his words in mind as I started taking up my own briefs and made sure to never focus on fees or ask for it before understanding the matter as well as the client. Someone once referred my name to a daily wage earner from a small village in Uttar Pradesh and told him that I won’t charge too much for his case. When I met that person, he told me how he had lost his child due to electrocution and the police had filed a closure report in the matter. He was desperate to be heard and so he offered some money in advance hoping to persuade me to take up the matter. I told him that I will take it once the matter progresses. In the end, we succeeded before the court and the person came back for my fees. I politely declined and told him to use it for his betterment. To this day, that person has referred numerous other briefs from his locality, and I think in a way, the advice from my Senior has really paid off. Also taking up a pro bono matter makes us understand the ground reality of the justice system in our Country. Not everyone can afford to engage big law firms and big counsels for their matters and the cases, despite being genuine, suffer due to the complex legal system and lack of resources. Every once in a while, if we can give them some representation and put our equal efforts for their best interest, we will understand why this is a noble profession. At the end of the day, everyone is entitled for just and fair legal assistance and as a lawyer I feel it is my duty to perform my part by doing whatever it takes and to the best of my abilities.

    In addition to your legal pursuits, you’ve been associated with different law firms and chambers. How do you define the role played by the chamber/firm/offices in shaping your career?

    I have worked with different organizations wherein I have worked for various clients. In this profession, working in a law chamber is very different from the firms. All these organizations have their own practice, procedure, work culture etc. which helps us to realize what is a best suited environment for us. This has played a very crucial role in my career as it helped me to decide how I want to proceed in the profession. Unfortunately, I have not worked with a Tier 1 firm but the boutique firms and law chambers have given me my career objective. My inclination was always towards the law chambers as they never had any specific or dedicated team for a practice area which helped me to have diverse cases and to be very frank and independent to appear, argue and appeal (in case anything goes wrong). I am grateful to the chambers where I have worked because there only, I realized my potential, my zeal and enthusiasm towards this profession. By no means I am trying to dishonor the working environment of the firms but I am just explaining how I have realized what is going to be the best recourse for my future.

    As someone who has cleared the Advocate on Record examination on the first attempt, what advice would you give to law students or aspiring lawyers who are navigating their early years in the legal profession?

    I always feel that I have always benefited from the advice and guidance of my Seniors in this profession. One has to grasp the good qualities from their Seniors which had benefited them in the profession. I still remember that during the initial days in the profession my Senior told me that I have to be thorough with the brief even if I have to take an adjournment in the matter. This helped me a lot as whenever I entered any court, I used to have my brief and a brief note on the matter so as and when if the judge is asking about the matter or even a date of event, I am in a position to answer the same without any hesitation and it will give an impression that the adjournment has not been sought just to delay the matter. Another piece of advice I received from my Senior was not to waste time while waiting for your matter in court. I was told to observe and hear the arguments in the court and see how different lawyers come up with their own strategy for making submissions and bringing fresh judgments which I might find useful in near future. This was immensely helpful during the preparations for the AoR exam as well. While I was preparing, I was hard pressed for time due to the ongoing matters, drafting etc. so I decided while waiting for my matter in court I will start making notes of the submissions of the lawyers to speed up my writing skills. In the end I feel that it worked to my advantage. 

    Get in Touch with Palash S Singhai-

  • “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

    “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Aashdin, it’s a pleasure to have you featured. To start, could you share a bit about yourself and your journey, from your law school days at Mumbai University to becoming a seasoned Principal Associate at Argus Partners?

    Like many other emerging professionals, I too grew up in a humble background facing initial hardships. It is at those nascent stages that I found my strength and learned to transform my challenges into opportunities. Growing up, I was always taught to appreciate and value hard work.

    Soon after I graduated with B.A. (Psychology) degree from Mumbai University, my journey to become a successful lawyer began. It was with rigorous years of learning which included full day internships at the chambers of prominent counsel in Mumbai.

    The practical experiences that I was exposed to during my internship days were intense and overwhelming. Every day, after attending lectures in college (where I met my better half), I would reach the chamber of my senior where I was required to immerse myself in the intricacies of various statutes, legal precedents, and legal theories. I was encouraged by my senior to engage with him in brainstorming sessions and provide legal research which for me at the time seemed very complex.

    Upon receiving my law degree, the journey transitioned into a more professional realm as I embarked on a path of building a career as a successful lawyer. My early years as a lawyer were at HSA Advocates, where I got the opportunity to enhance my skills through research, drafting, and courtroom experience under guidance from my seniors.

    After spending about half a decade at HSA Advocates, the team along with me, advanced to Argus Partners.

    My journey as a lawyer is in progress as I continue to learn from my seniors and juniors. I am grateful to them as they continue to contribute to a career which I absolutely love.

    Your career spans over a decade, with notable experiences at HSA Advocates and now at Argus Partners. Can you reflect on some key milestones or cases that have played a significant role in shaping your expertise in dispute resolution and litigation?

    Every experience throughout my career has contributed towards my professional and personal growth. While some were joyous, others challenging, but each one of them have shaped my progress in the profession. 

    While I have been part of and contributed to a few significant cases which may be remembered as an important event, some of my notable experiences were created at the time of preparation and strategizing for hearings at conferences with counsel and colleagues.

    Representing clients in cases which are unusual, coupled with the uncertainties connected with litigation, provide for an exciting sense of anticipation which I absolutely yearn for.  While my professional journey has included diverse areas of law ranging from, suits for defamation, specific performance of contracts, varied commercial disputes, company petitions for oppression and mismanagement, Insolvency and Bankruptcy laws, laws relating to intellectual property, eviction cases to rent control measures, guardianship petitions and arbitrations including execution petitions, each aspect and involvement has had a significant role in shaping my skill in dispute resolution and litigation.

    A few of my experiences which I can recall at this moment, was my first reported case during my initial years at HSA Advocates in which I appeared (of course along with a prominent senior counsel and a well-known advocate from Goa) before the Bombay High Court at Goa. I remember the arguments that took place in court like it was yesterday. This was a case which emerged from an order of the Company Law Board and was an appeal under section 10-F of the Companies Act, 1956 which dealt with the law relating to the provisions of the Limitation Act, 1963 and the Depositories Act, 1996. 

    Another significant decision given by the Madras High Court, that I can recall, is whereby the High Court held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to a written statement to a counterclaim. This issue was undecided by a court previously and the arguments and preparations that went in this case were interestingly exhilarated which led to a successful outcome for our client. 

    Recently also, before the National Company Law Tribunal at Mumbai I was fortunate to have appeared in cases whereby legal aspects of the Insolvency and Bankruptcy Code, 2016 were examined and with the help of judicial precedents the cases led to a successful and logical conclusion.

    All that said, I must acknowledge that the key milestones achieved by anyone, either professionally or in the personal chapter is a culmination of a dedicated team effort. 

    These experiences and milestones have collectively created a mosaic of memories that define my identity and contribute to the richness of my professional experience. 

    In addition to being a dedicated attorney, you hold a bachelor’s degree in psychology. How has your background in psychology influenced your approach to legal matters, especially in dispute resolution?

    I had never thought that after completing my majors in psychology, I would embark upon a journey as a lawyer.

    Though, in my years of practice, I have realised that psychology and law intersect in various ways.

    Understanding psychological factors of your clients can often be valuable in considering or deciding an appropriate approach towards your clients’ needs and achieving the desired outcomes in a case.

    With the increase in litigants and individuals opting for alternate dispute resolution methods, applying psychological principles become important especially for arbitrations, mediation, negotiations and conciliation in order to effectively facilitate communication and resolution between parties.

    The integration of psychology and law has enhanced my understanding of human behaviour and decision-making which ultimately lead to more informed and just legal outcomes.

    Your commitment to pro bono work and legal education initiatives is commendable. Can you share a specific instance where your pro bono services made a significant impact on someone’s life, and how did it shape your perspective on the role of legal professionals in society?

    I was always encouraged to take up pro bono work as a budding lawyer and made to understand that lawyers should contribute their expertise to help people who might not otherwise have access to legal services. This would help me build an ethical practice in the years to come.

    I can recall a few instances, one of which was when I advised a security guard and assisted him to recover his dues from his previous employment while on another occasion, I advised an elderly person from a chawl regarding a dispute with the developer relating to an alternate accommodation.

    I believe that pro bono work is essential for every professional to contribute towards the community which helps support the disadvantaged and creates a sense of morality and integrity amongst the public and uplifts the status of this profession.

    Having worked on both civil and criminal matters, is there a legal area that you find particularly intriguing or intellectually stimulating? What aspect of your work keeps you motivated and passionate about the legal profession?

    There is no particular legal area that I find more intriguing or intellectually stimulating than the other as both these practice areas are distinct, each dealing with different types of cases, legal issues, and consequences. I find both equally stimulating and fascinating.

    While the majority of my practice area involves civil law, there are a slight number of matters that I take up under criminal law too. Therefore, my focus as a lawyer practicing mainly under civil law, deals with resolving disagreements between the parties, suggesting and advising on the remedies available to my clients.

    Being mindful about what the outcome of a civil case or a criminal case could be is crucial for legal professionals and individuals involved in legal matters. 

    What drives me about the legal profession is the complexities and dynamic nature of law which is constantly evolving be it through legal precedents, social and cultural changes or otherwise.

    In your role at Argus Partners, you’ve been involved in a diverse range of matters, from civil and criminal cases to insolvency and arbitration. What aspects of these areas do you find most challenging and rewarding, and how do you approach them?

    Though mainly my practice areas involve civil litigation and a small amount of white-collar crime proceedings, I also represent financial institutions and asset reconstruction companies before the National Company Law Tribunal across the country. Each of these practice areas pose different challenges which depend on the peculiar facts of each case. Similarly, as every individual is different and has their own traits, the cases that a lawyer is engaged for are also distinct from each other, therefore applying the law on facts of those cases can be challenging and the ability to do that is rewarding.

    Each case must be approached with an open mind and accepting of the possible outcomes with the purpose of providing the best possible resolution to your client. 

    Beyond your professional pursuits, are there personal interests or activities that contribute to your growth and well-being? How do you manage the demands of a challenging legal career while ensuring personal enrichment?

    Well, I have never thought of keeping a boundary between my professional and personal life. I believe that my professional pursuits are very much aligned with my personal interests and passions. 

    I find it natural that my personal and professional life is integrated in such a way that my professional success ensures personal enrichment.

    I know of many professionals that find it challenging to compartmentalize their personal and professional lives, especially if work demands spill over into personal time or when personal issues affect their professional performance – thus, time management and self-awareness is crucial in such situations. However, I believe that being a professional is a full-time job and thus integrating it with your personal life can lead to a fulfilling lifestyle.

    With that said, I must add and appreciate that right from my formative years as a lawyer, my seniors have always provided a flexible work environment allowing me to blend my personal and professional responsibilities.

    As someone who provides free legal services and encourages students to uphold constitutional values, what advice do you have for young law students aspiring to make a positive impact in the legal field?

    From my experiences I have noticed that quite often people have preconceived opinions about individuals based on stereotypes. As lawyers, I would recommend that every young law student aspiring to be a lawyer inculcates principles of equality and ensures that every person who approaches them for their legal advice or assistance on any matter, should be treated fairly and without discrimination.

    It is necessary that every individual aspiring to make a positive impact upholds ethical standards and learns from mistakes and challenges, using them as opportunities for personal and professional development rather than being deterred and feeling dejected.

    As a student, it is vital that you choose a specific area of law that aligns with your passion and interests. You need to stay informed about changes in the legal landscape, recent case law, and emerging legal trends.

    Dedicate some time to pro bono cases, maintain a reputation for honesty and fairness as that will contribute to your long-term success.

    Get in touch with Aashdin Chivalwala-

  • From a small team to a nationwide presence, discover the unwavering dedication that fueled RKP’s growth. Explore the challenges, cultural nuances, and business acumen required to seamlessly balance legal prowess with board advisory responsibilities for global entities – Ranjan Kumar Pandey, Managing Partner, RKP & Associates

    From a small team to a nationwide presence, discover the unwavering dedication that fueled RKP’s growth. Explore the challenges, cultural nuances, and business acumen required to seamlessly balance legal prowess with board advisory responsibilities for global entities – Ranjan Kumar Pandey, Managing Partner, RKP & Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Managing Partner of RKP & Associates since 2000! What inspired you to establish your own firm, and how has the journey been so far? Any memorable milestones you’d like to share?  

    The journey of my legal career started way back in 1997. Fortunately, I was exposed to the intricacies of legal practice and court craftsmanship at a very early stage, and this generated the confidence in me to go all out by 2000. Being an astute observer, I had realised during my initial days of lawyership that this field offers limitless opportunities if you are ready to dedicate yourself. The thought of establishing RKP emanated from my passion towards law and the drive to serve the clients in a more comfortable environment. To be very honest, the initial days of RKP were quite a challenge – tougher than I had envisaged, but like I said your dedication and hard work will always be rewarded. I had started with a very small team, and have gradually expanded not only in my core area of practice, but also in the corporate and M&A arena. It is also heartening to see that my clients have reposed a great extent of faith in me  all these years which keep me motivated to harness myself even at this stage.  One of the prominent milestones for RKP, I would say, was making our presence in important cities of the country through associate offices. We are looking forward to having our physical offices in all the metro cities and that would be our next milestone.

    Apart from the courtroom, you are associated with the Board Advisory Panel of Cerracap Ventures, USA, and A&S Pharma, UK. How do you balance your legal practice with advisory roles for international companies, and what unique challenges does this bring? 

    It is true that advisory roles are quite challenging because the stakes involved in such roles are quite high. At the same time, not only your legal acumen but business acumen are also tested. Having seen the commercial disputes of corporate houses for a long period of time, I have developed an understanding of the issues these corporate houses face. I use this understanding to mark my contribution in the advisory roles. Another interesting aspect of the advisory role is the difference in culture and working style of the corporates vis-à-vis the workings of litigators. While as a litigator, you have to take quite a stringent approach, this approach has to be adjusted and become more pragmatic when it comes to advisory. Nevertheless, international exposure has given me a broader perspective to understand things and work towards them from a higher horizon.

    You’ve been a part of various legal forums, including the Hon’ble Supreme Court of India and National Company Law Tribunal. Can you share a courtroom story or an incident that left a lasting impression on you?          

    The courtroom experiences have been quite important to understand the intricacies of litigation practice. Court craft is something which can be learnt only by making appearances before the Courts. I will narrate a story which will give you an insight as to how the Bench needs to be convinced persistently with your arguments. During my initial days of career, I was representing a person who had filed a Public Interest Litigation before the Supreme Court. The Bench was of the clear view that the petition was more for a publicity stunt rather than for a cause. Even before I could present my case, I I was stormed with questions by the Bench. At that moment I realised that it is not only the legal grounds on which you present your case, are important but also as to how you present these grounds before the Courts. Over the period of time I have realised that it is equally important to strategize as to where you start your case from so as to make that first impact. Once the Bench starts hearing you and opens the case file, you get that extra moment to make the next strongest point of your case and that’s how you take the Bench to the relevant page of your case and draw a full audience from the Bench.  

    As an advocate-on-record, you’ve seen the legal landscape evolve. What changes in the legal field do you find most interesting or challenging today? 

    Well the most interesting development in the legal system is the collegium system. Without commenting on it against the collegium system, the challenging aspect is time constraints with the court and high volume of cases. So when the case is taken up, the lawyers have to make that impact in the few seconds that they get. Also, the virtual courtroom system has also eased off the travelling pressure for the lawyers, especially the lawyers who have multi-forum practice.

    Lawyers often have interesting stories about what happens behind the scenes. Can you share a humorous or unexpected moment from your experience in the legal realm that still brings a smile to your face?    

    This is not my story but I was present in the courtroom when it happened. A junior lawyer was probably making his first appearance. While starting his case he confidently submitted to the judge that he was appearing for the petitioner while in fact he was representing the respondent. In this confusion he started arguing against his own case – after a short while when he realised that he has messed up, he simply concluded his remarks by arguing that all the grounds he just made are the grounds which may be taken by the other side, and now he would rebut all these arguments one by one. It was quite hilarious but at the same time, he ought to have been given the credit for flipping his side in no time with his witty conclusion.

    We’ve heard you’re quite the reader. If you were to recommend a book that isn’t related to law but impacted your perspective, what would it be, and why?

    Well, being an advocate, reading becomes a compulsion initially which subsequently graduates into a habit. This habit allows you to take inspiration from different parts of the world through books. I personally believe that good books can shape up your life. One book that I always recommend to young professionals is “Ikigai: The Japanese Secret to a Long and Happy Life” authored by “Héctor García and Francesc Miralles”. This book motivates you to put yourself into work to lead a happy and healthy life. I see these days that young professionals do not indulge in reading books, rather they rely much more on social media content. My take on this is that nothing could replace books.

    When you’re not immersed in legal matters, how do you unwind? Any hobbies or activities you turn to for relaxation? 

    Being the senior lawyer in the Firm, I hardly get time to unwind myself. But whenever I can spare some time, I love to travel. I have travelled to different parts of the world in the last decade. It opens up your mind and gives you a broader horizon to understand people and their culture. 

    Your expertise extends to providing legal advisory on Mergers & Acquisitions and foreign direct investment. If you could give one piece of advice to young lawyers entering this field, what would it be?

    Laws around M&A and FDI are quite complex and dynamic which keep evolving as per the industry requirements. Any young lawyer intending to take up these practices must be thorough not only with the legal provisions but also with the market development. M&A requires a lot of understanding of the business of companies and the idea behind the transactions. Lot depends upon what kind of exposure you have got because every transaction has unique requirements and understanding those requirements enable you to deep dive into the detailing around it.  Having said that, M&A is one of the most interesting and universal practices. People who have keenness of indulging in comprehensive legal documentation and finding innovative legal solutions must try their hand in this practice.

    Get in touch with Ranjan Kumar Pandey-

  • From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

    From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    How would you like to introduce yourself to our readers and young freshers.

    I am an Advocate-on-Record (AOR) at the Supreme Court of India. I started practising in 2014 with Wadhwa Law Chambers, Delhi before setting up my own full service law chamber (with two other partners) in 2022. 

    Our key practice areas include arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation with a focus on litigation before Hon’ble Delhi High Court, NCLT/NCLAT and the Hon’ble Supreme Court. 

    During the course of last 10 years, I have had the opportunity to represent various Indian and multinational companies/government departments before various courts and tribunals in Delhi NCR, Punjab and Haryana High Court, Allahabad High Court, Bombay High Court and other courts in Lucknow, Jabalpur and Himachal Pradesh.

    You have a strong academic background, having completed your B.A. LL.B (Hons.) from Dr. RML National Law University. How has your academic journey influenced your approach to legal practice and problem-solving?

    I was fortunate to have spent my five years at law school with some of the brightest minds from across the country – who are now some of my closest friends. All of us continue to learn from each other during the course of our respective professional journeys as practising lawyers, at law firms, in house counsels – as we did during our time at law school. Apart from the usual academic rigour, RMLNLU gave me an excellent set of peers. 

    While law practice can keep you occupied 7 days a week, I try to keep in touch with the academia by teaching seminar courses/taking guest lectures. Infact, preparations for my lectures at NLU Delhi and NUJS Kolkata have often helped me discover new lines of arguments and case laws – which eventually help you while making submissions in court/drafting your pleadings. 

    Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?

    My initial years in law practice gave me a lot of exposure to original side litigation at the Delhi High Court, NCLT/NCLAT and District Courts. Original side practice teaches you imperative litigation skills which involves asking the right questions from the client and procuring documents, drafting the pleadings only after one looks up the correct position of law, and most importantly, being precise and not verbose with the pleadings.

    It is imperative that a lawyer keeps the above in mind while drafting plaints in Suits, statement of claims in arbitrations and insolvency actions, since the client may not be able to rectify these errors at the Appellate stage.

    Having a strong original side practice background always gives you an edge with AOR practice at the Hon’ble Supreme Court. This skill set has certainly helped me with my AOR practice where I take up matters relating to arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation

    With your involvement in MSME-related litigation and practice, how do you approach defending recovery actions initiated by MSMEs? What unique challenges and legal considerations come into play in such cases?

    With the Government allowing for a completely self-declaration based registration under the MSME Act, a huge number of money recovery actions are now initiated under the MSME Act. If the dispute is contested and not settled before the Facilitation Council, it converts into a regular arbitration.  The obvious benefits are better rates of interest given to MSMEs under the MSME Act when compared to regular arbitrations/civil actions for unpaid dues.

    However, the self-declaration regime does not require any physical inspection of the proposed MSME unit prior to its registration under the Act. This is resulting in many vendors registering themselves as MSMEs overnight (who may or may not meet the required thresholds of turnover and investments under law for registration as an MSME) and filing their claims under the MSME Act. In my humble opinion, the entire self-declaration regime of registration needs a complete overhaul at least as far as recovery actions under the MSME Act are concerned.

    There are however some remedies in the current legal framework to address the aforesaid issue, though not very effective and practical. Some other remedies under the MSME Act include criminal prosecution against the buyer which are not explored routinely but can be very effective, especially in high stake MSME litigation.

    In addition to your legal practice, you have a background in writing and travelling. How has your interest in writing come up and what are some of your favourite places you have travelled to.

    I used to write ‘letters to the editor’ to various newspapers while I was in school, which my father had suggested. I still have a whole collection of those cut outs kept with me! It is indeed a great way to develop comprehension and improve writing early on – especially for litigating lawyers where you are required to churn out drafts on an everyday basis. I would also write some pieces here and there in college, but the litigation rigour does not allow much time for that anymore.

    The RIFF music festival at Jodhpur with its unique dawn/dusk classical concerts, the backwaters at Kerala, the unexplored Turkish coastline and old town Prague have been some of my favourite places to visit.

    With a significant portion of your career spent in representing various entities, what advice would you give to aspiring lawyers, What are some key lessons or insights you have learned along your journey that you would like to share with them?

    One should explore as many practice areas in the initial few years of practice and focus on reading as many precedents/case laws. Apart from the basics, being a nice and an easy person to work with is a very under-rated skill!

    Get in touch with Vipul Kumar –

  • Technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice- Devansh Srivastava, Advocate on Record at Supreme Court of India

    Technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice- Devansh Srivastava, Advocate on Record at Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Your journey in law has been quite impressive, with experience in various aspects of dispute resolution. Can you share with us what initially drew you towards pursuing a career in the legal field?

     My journey into the legal field has been driven by a simple but unwavering passion. I am a first-generation lawyer, with no prior family ties to the profession. Despite not being the top student in school, I was determined to become a lawyer from an early age. Influenced initially by depictions in the media, I soon delved into the lives of real legal luminaries like Ram Jethmalani, Soli Sorabjee, and Shanti Bhushan. Convincing my father, who had reservations about the traditional image of lawyers, was a challenge. However, I explained the modern opportunities in law, from law firms to in-house roles, and he eventually supported my decision. In over six years of practice, I’ve never regretted my choice. Law has never been just a career; it’s been a transformative force. It has provided me with a new perspective in life, for which I’m profoundly grateful. To those considering a career in law, remember that it can open diverse doors and create a meaningful impact. Embrace your passion, work diligently and the legal profession may offer you a rewarding journey, as it has for me.

    Over the years, you’ve gained expertise in Arbitration, Insolvency, Civil, Criminal, and Commercial Litigation. Could you tell us about a particularly challenging case you’ve worked on and the strategies you employed to achieve a successful outcome?

    Upon completing my college education, I had the privilege to meet Mr. Manish Bishnoi, an established Advocate on Record. Although there were no immediate openings in his Chambers at that time, Mr. Bishnoi expressed his willingness to accommodate me in the future. Eventually, an opportunity arose when one of his junior associates departed, and he offered me a position in his Chambers. At that time, I was relatively inexperienced compared to most of my peers, but I was determined to learn and grow in the legal profession with my hard work and compassion. During my early years, I engaged in a wide range of tasks, including drafting applications, filing cases, and rectifying procedural issues. Mr. Bishnoi provided me with extensive dictations to help me grasp both the facts and legal nuances of each case. Over time, my confidence in drafting grew. One particularly challenging case that stands out from my early career involved the National Highways Authority of India (NHAI) and a dispute over a price escalation formula, which was litigated before the Hon’ble Supreme Court. NHAI had faced unfavourable outcomes in multiple Arbitral Tribunals, with Section 34 applications under the Arbitration and Conciliation Act dismissed, along with unsuccessful Section 37 appeals. NHAI then approached the Supreme Court via a Special Leave Petition (SLP). This case demanded extensive legal research, meticulous documentation, and countless late-night efforts. As a junior practitioner, I was responsible for reviewing case law, annotating relevant decisions, and preparing comprehensive compilations. The hard work paid off when the Supreme Court granted relief in the SLP, marking a significant victory for NHAI. This experience taught me the importance of diligence, thoroughness, and unwavering dedication in navigating complex legal matters. It reinforced my commitment to the legal profession and the pursuit of justice through meticulous legal practice.

    From your work at different law firms, including your current position at Agarwal Law Associates, you’ve been involved in drafting pleadings, working with senior advocates, and appearing before courts. How do you manage the dynamic nature of court proceedings and the intricacies of drafting legal documents?

    Embarking on my legal journey was an exciting challenge. From the outset, I was determined to learn and evolve as a lawyer. It’s important to acknowledge that a lawyer’s life is filled with demanding hours, often starting in court from 9:30 am and extending well into the afternoon, sometimes beyond. Following our courtroom commitments, we retreat to our offices or chambers to delve deeper into our cases. 

    In my case, before I start drafting, I adhere to a structured routine. I begin by thoroughly reviewing the Impugned order, the core of the legal dispute. I meticulously compile a concise yet comprehensive list of crucial dates, which serves as a foundational reference point. Once I have a firm grasp of the facts and have conducted extensive research on the relevant laws, I start to draft the petition. 

    Through my journey, I’ve come to appreciate that the List of Dates is akin to a legal compass; it guides the way through the drafting process, simplifying what can often be a complex endeavour. 

    You’ve also been a part of cases involving insolvency and bankruptcy matters. Given the complex legal landscape in this area, could you share some insights into your approach when dealing with such cases and ensuring compliance with the Insolvency and Bankruptcy Code?

    In the initial years of my legal career, spanning until 2020, I hadn’t encountered a single Insolvency and Bankruptcy Code (IBC) matter. However, when I joined the Chambers of Mr. Nakul Mohta and Mrs. Misha Rohatgi Mohta, my very first assignment turned out to be an IBC case. Acknowledging the challenge, I fully immersed myself in the intricacies of the IBC and diligently studied the pertinent case laws in this specialized area. As I gradually grasped the foundational principles, my understanding of this complex subject deepened, and I can proudly say that I’ve played a role in several crucial judgments involving intricate IBC regulations. 

    This experience instilled in me a crucial lesson: the legal profession should never restrict itself to a single narrow field of law. Instead, we should remain open to exploring a diverse range of legal disciplines. While it might appear daunting initially, with unwavering dedication and a commitment to continuous learning through extensive reading and effort, any branch of law can become as intellectually stimulating and rewarding as the next..  

    Devansh, you’ve had the opportunity to work with various senior advocates and establish your presence in the legal community. Can you tell us about a mentor or experience that has significantly shaped your understanding of the legal profession?

    I’ve had the privilege of working alongside prominent Senior Advocates who currently practice before the Hon’ble Supreme Court, including legal luminaries such as Mr. Mukul Rohatgi, Mr. Kapil Sibal, Dr. Abhishek Manu Singhvi and Mr. Shyam Divan, among others. What I’ve gleaned from these experiences is that each senior advocate has their unique approach to case analysis, and crafting a Briefing Note tailored to their preferences is essential. There is an abundance of wisdom to be gained from senior advocates, especially in their exceptional ability to bring depth and nuance to a case. On numerous occasions, these seasoned practitioners have unearthed critical points that may have eluded others. 

    The legal field is constantly evolving, especially with technological advancements. How have you incorporated technology and legal research tools into your practice to stay ahead and provide the best possible service to your clients?

    Yes, technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice. I’ve transitioned entirely to digital files and documents. I must commend the efforts of our Hon’ble Chief Justice of India (CJI) in promoting the use of electronic devices, which has led to even senior advocates adopting iPads over traditional paper files. One noteworthy change worth mentioning is that senior advocates now request bookmarked and OCR (Optical Character Recognition) files instead of hard copies, a shift that has substantially reduced paper consumption. From filing to file service, everything in the Supreme Court has become electronic, and in my experience, nearly 50% of Supreme Court practitioners have embraced digital files. 

    Personally, I’ve become proficient in using software such as Adobe, PDF Expert and Liquid Text, enhancing my ability to read and manage files more effectively than was possible in the past. I recall numerous instances where case files spanned thousands of pages, making it exceedingly inconvenient to transport them to court. Now, everything is securely stored in the cloud, ensuring easy and instant accessibility. 

    Having recently cleared the Advocate on Record exam held by the Supreme Court, could you walk us through your preparation process and share any tips for aspiring lawyers looking to excel in their legal careers?

    I recently cleared the Advocate on Record (AOR) exam conducted by the Supreme Court in December 2022. It was my first attempt, undertaken immediately after becoming eligible. Before delving into my preparation process, it’s important to provide some context about this examination. 

    The AOR exam is an annual exam organized by the Supreme Court. Simply put, passing this exam grants you the eligibility to file cases before the Hon’ble Supreme Court. Currently, there are approximately 3000 AORs. The exam comprises four subjects: Practice and Procedure, Ethics, Drafting, and Leading Cases. To pass, you must achieve a minimum of 60 percent marks in each subject. Typically, this exam is held in June each year. As it coincides with the start of court holidays in mid-May, candidates have approximately 25 days to prepare. 

    In the year I took the exam, there were no court holidays, leaving me with limited preparation time. However, if you are a regular practitioner at the Supreme Court, your need for extensive preparation is diminished. Most aspects, including procedures and leading cases, are already familiar to you. Your goal is to refresh crucial aspects of each subject so that key points are readily accessible. 

    The most critical element for success in this exam is your writing proficiency. The AOR exam is primarily a written test, and the time allocated is relatively short. Therefore, to complete the exam successfully, you must have legible handwriting and maintain a good writing speed. This skill is essential to effectively address the examination’s demands

    Throughout your journey, you’ve navigated different law firms and areas of practice. What factors do you consider when choosing the cases or clients you take on, and how do you ensure a balanced workload?

    In addition to my full-time commitment at Agarwal Law Associates, which is a prominent Supreme Court litigation firm, I have managed to handle practice of my private cases. Learning from initial mistakes, I’ve adopted a strategy of exclusively handling Supreme Court matters. This decision ensures that I can consistently meet the demands of my casework, as timely attendance at other courts might pose challenges. My principle is to prioritize the firm’s work above all else, reserving nights and weekends for my private matters. So far, this approach has proven effective without significant difficulties. In my view, the primary consideration in taking on a case is whether I can deliver complete and impeccable service. It is paramount that clients do not harbour doubts that someone else could have handled their matter more proficiently. I am committed to ensuring that every case receives the utmost attention and diligence, aimed at achieving client satisfaction and upholding the highest standards of legal representation.

    Lastly, what advice would you give to fresh law graduates who are just starting their careers and looking to make a positive impact in the field of law?

    The field of law is not merely a subject learned from textbooks; it’s a practical domain that relies heavily on common sense. Throughout my journey, I’ve been consistently reminded by mentors that there are no shortcuts in the legal arena. Success hinges on relentless hard work and unwavering consistency. To the fresh graduates embarking on their legal careers, I offer this advice to be diligent and cultivate a “Never Give Up” attitude. When commencing our journey as lawyers, we often remain unaware of the hurdles ahead. Many who start this journey may feel inclined to quit prematurely. Initially, compensation may seem meagre, and the workload demanding. You’ll hear from friends in other fields that they earn more while working fixed hours, leaving you questioning your choices. However, rest assured, these initial challenges are temporary. Every lawyer, including the most accomplished, has navigated through this phase. Believe me, this initial grind will ultimately pay off, and you’ll emerge as a proud and accomplished professional. As a fresh graduate, your ability to contribute significantly to your senior may be somewhat limited initially. However, here are some pointers to make your mark which I have gained through my experience: 

    A. Good File Management: Prior to the day of a hearing, thoroughly review the case file and ensure it is complete. In the case of digital files, confirm that they are well-organized with proper bookmarks and OCR (Optical Character Recognition) applied. 

    B. Legal Research Mastery: Invest time in researching relevant laws and creating a comprehensive case law compilation. 

    C. Efficient Note-Making: Create concise, organized notes with page numbers, enabling you to navigate the case file seamlessly. I vividly recall a situation where I had to brief a senior advocate at the last minute when my immediate senior was unavailable. My well-structured notes proved invaluable, allowing me to brief the senior advocate effectively. Ultimately, it’s essential to have a firm grasp of the case’s facts, supported by page and paragraph references. This meticulous approach will not only assist your senior but also elevate your standing in the legal field. Remember, the early challenges are stepping stones to a rewarding and accomplished legal career. Keep the faith, persevere, and you’ll emerge stronger and more resilient in the world of law.

    Get in touch with Devansh Srivastava-

  • For a fully rounded practice of banking and insolvency laws, one should ideally also know about the disputes side of the practice of these laws- Shivani Sinha, Partner at Luthra and Luthra Law Offices

    For a fully rounded practice of banking and insolvency laws, one should ideally also know about the disputes side of the practice of these laws- Shivani Sinha, Partner at Luthra and Luthra Law Offices

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share with us your journey in the legal field, from your early career as an Associate at Amarchand & Mangaldas to yourcurrent role as a Partner at Luthra and Luthra Law Offices India ? How did your experiences shape your path in law?

    My early career as an Associate was full of ups and downs, but one thing that stands out in my journey was that I was not scared of experimenting. I felt that if I don’t give something a chance, I would always regret it later thinking about it. It was indeed a mix of good luck and reward of hard work in academics that landed me my first job at Amarchand & Mangaldas, which was a dream job for most law students back then. I would be honest, it was kind of difficult to work as a fresher in Amarchand & Mangaldas since one had to rub shoulders with stalwarts of the profession but I would say it was a good start to my career since, out of my experiences with the firm, I learnt how a top lawyer goes about working on an assignment and is something I still follow. As a fresher I had the good fortune of getting exposure to multiple practice areas namely: banking and finance, general corporate and capital markets, however, I always wondered what it would be like to do litigation, argue in courts, and running an independent practice. My interest in Constitutional law, Civil Procedure Code was the catalyst which further drove me towards trying out litigation after a couple of years at Amarchand & Mangaldas and after a break of few months. Life as a litigant however, didn’t turn out to be as easy, I persisted through it for over a couple of years and only after being sure of being better at being a corporate lawyer than a litigant, I walked my way back into law firms. Since then I have been practicing banking and finance, and insolvency on a consistent basis and must add that have reaped rewards for this consistency in the form of career growth in these practice areas.

    You’ve been extensively involved in advising various stakeholders on corporate insolvency resolution processes. Could you tell us about a particularly challenging or interesting case you worked on, and how you navigated the complexities of restructuring and insolvency?

    I had the privilege of advising the Resolution Professional of the first dirty dozen matter (from the RBI list) which went into insolvency in July 2017- Jyoti Structures Limited (JSL). I was seconded on-site with the team of the Resolution Professional and cherish my wholistic yet very challenging experience with the team. The Insolvency and Bankruptcy Code, 2016 (IB Code) was a very new law back then and was in very early phase of evolution with many rules/ regulations to be framed/ notified and with lack of judicial precedents for guidance. JSL had a huge debt size and very complex issues of law arose throughout in the assignment, which mostly had to be answered on spot or in a very quick turn-around time, and at times without the guidance of any codified law, merely based on experience of past mechanisms/ legal practices that existed in India before the enactment of the IB Code. On some issues, we used to also apply/ take guidance from insolvency precedents of foreign countries. Working on JSL was one of the most challenging phase of my professional life, as the lawyer within me had push to my limits of legal logic and read up a lot of stuff for answering queries related to an new/ evolving law.     

    Your experience encompasses a wide range of legal areas, from banking and finance to dispute resolution. How have you managed to develop expertise across such diverse domains, and how do these areas complement each other in your practice?

    I have always believed in specialisation in what one does, but at the same time as one gets senior in the profession, he/ she should have an idea about some of the ancillary practice areas as well. I started of as a banking and finance practitioner and later when the IB Code was enacted, I started practicing insolvency laws as well. I do contentious matters or disputes only to the extent it related to banking and finance/ insolvency laws. For a fully rounded practice of banking and insolvency laws, one should ideally also know about the disputes side of the practice of these laws. And this is how my experience has got spread across a few practice areas.

    The legal landscape is constantly evolving, especially in areas like fintech and insolvency. How do you stay up-to-date with the latest developments in these fields, and how do you anticipate future legal challenges in the banking and finance sector?

    I read a lot of online news/magazines and updates and have notifications activated for these on my phone. That’s the most common way of keeping oneself updated with changes in law and new case laws that come up. I do also read one of the pink newspapers on daily basis which really helps in knowing upcoming business treads of your practice area and at times also gives clues on which upcoming assignments to pitch for before clients. Keeping abreast with the regulatory changes that IBBI and RBI come up with and the monetary policy announcements of RBI help me in understanding/ anticipating the future legal challenges of the sector. And at times just general chat with bankers/ market participants also gives a hint about what tricky queries or situations will be thrown at you to find legal answers.

    You’ve advised on overseas direct investments and foreign exchange compliances. How do you see the global business environment shaping up for Indian conglomerates, and what are some key legal considerations they should keep in mind?

    The business landscape as far as overseas direct investments from India are concerned, is very interesting, because it essentially involves Indian companies globalising/ setting their foot in foreign countries and also Indians investing/ routing money outside India. With Indian economy doing well, the ODI trends also pick up and which also means a lot of foreign exchange flows out of India. The RBI through authorised dealer banks keeps a keen watch on these ODI transactions, the compliances and reporting associated with these. The most important legal consideration is formulation of transactional structure in such a way that it avoids round tripping concerns and also to advise the clients correctly about approval requirements from RBI/ authorised dealer banks in absence of which the clients may face a lot of issues including penalty from RBI.

    Your role has included advising clients on structuring for short-term money market investments and project financing. Could you share a success story where your legal counsel led to a significant positive outcome for your clients?

    During the pandemic period in 2020, I had the privilege of advising SBICaps Trustee in respect of structuring and operationalising the employee credit line guarantee scheme (ECLGS) launched by the Government of India for the benefit of NBFCs and MSMEs. The NBFCs in India were facing short term credit crunch which was in turn affecting the MSME sector. The scheme was for credit line of INR 30,000 crores and the funds were made available by RBI and guaranteed by Government of India. The scheme was a success and was further extended and continued with next versions in the subsequent months and years. The documentation for this transaction was one of its kind and the transaction structure had be harmonised with the requirements of the scheme. Funding to NBFCs was ensured by subscribing to short term money market instruments issued by them. It was one of its kind transaction that I have worked on in my entire career.

    You pursued various diploma and certificate courses alongside your academic and professional journey. How have these additional qualifications influenced your career growth, and would you recommend similar supplementary education to aspiring legal professionals?

    Yes, these diplomas not only help in building CV but also help in deep diving into a particular subject of law which is either not taught or not taught in enough detail at law school. It could also be out of specialisation interest that a student can take up these diploma/ certificate courses. These also help in utilising extra time constructively during one’s law school days. I would definitely recommend doing diplomas and certificate courses to students but they should be smart in choosing which ones to do as some of these courses could also be very expensive.

    From your time as a student at Symbiosis Law School to your current role, how has your perspective on the legal profession evolved, and what lessons have you learned along the way that you’d like to share with our audience?

    I come from a non-legal background so, as a college student in initial years, I used to think that legal profession is like any other profession. However, my journey so far as taught me that legal profession is much intense than most other professions. All of us learn new things everyday and in that sense are students for life, which also means that the profession demands a lot of hard work/ motivation to keep learning and therefore, in that sense, it is a difficult profession, but also extremely intellectually satisfying and enriching at the end of the day.

    As someone with a wealth of experience in India’s legal landscape, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially those interested in areas like banking, finance, and insolvency?

    It’s important to pursue practice areas which one likes, and the earlier this is figured, the better it is for a law student or a law firm associate. In the initial years, an associate should do rotation/ secondments with the teams/ practice groups that they have interest in and then figure out which one(s) would they like to persist with. Students should do as many internships as possible and try out different practice areas, and if they are able to place their interest early enough, it could really help them in planning their careers better. For fresh associates who take up banking, finance or insolvency as a practice area, it is important for them to try and learn basics and keep abreast with all the legal developments. It is also important for a fresh associate to understand ‘why’ behind everything and for doing that they should not shy away from reading a lot of books/ cases/ articles etc. to start with.

    Get in touch with Shivani Sinha-

  • The exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice- Raghav Sabharwal, Advocate-on-Record, Supreme Court of India

    The exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice- Raghav Sabharwal, Advocate-on-Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us how did you get interested in pursuing law as a career?

    I was always passionate about co-curricular activities during my school time. I pursued my primary and secondary education from Delhi Public School, Mathura Road where I got the opportunity to serve as the Head Boy in Junior Wing (2000-2001) as well as Senior Wing (2007-2008). Being an avid debater, I always had a knack for formulating arguments and envisioned myself as a litigating counsel. While my interest in public speaking was one of the aspects that pushed me towards studying law, the role of a lawyer as a social engineer fortified my decision of pursuing law as a career.

    Could you tell us more about your experience as a Law Researcher with Justice Hima Kohli at the Delhi High Court? What was it like to prepare briefing notes for the Hon’ble Judge on fresh matters and research on challenging legal propositions?

    I started my career in law as a Law Researcher with Justice Hima Kohli at Delhi High Court (now Judge, Supreme Court of India). It was an enriching experience to prepare briefing notes for the Hon’ble Judge on fresh matters. This helped me learn the art of reading a brief and summarizing the fulcrum of the dispute with ready reference to the relevant annexures. The experience also taught me the skills of researching on challenging legal propositions. Clerkship acted as an excellent stepping stone in my career as it offered a brilliant opportunity to observe contentious hearings and heated arguments to learn court craft and articulation.

    What motivated you to gain more exposure in high stake matters by joining J Sagar Associates (“JSA”)?

    The following two aspects motivated me to join a good law firm – (i) quality of pleadings filed by Tier – I law firms; and (ii) exposure of briefing and assisting variety of senior counsel.

    While preparing briefing notes during my clerkship, I realised the importance of pleadings which is the first element of a case that a judge peruses even before considering arguments. I could easily differentiate between the standard of pleadings drafted by reputed law firms involved in high stake matters as compared to other run of the mill matters. Also, I was always intrigued by the arguments presented by good senior counsel who were usually engaged in high stake matters. I realised that working with a law firm would provide me exposure as I would get opportunity to assist a variety of senior counsel who are experts in their respective fields of law.

    What did you learn during your time at JSA and how did it help shape your career as a lawyer?

    My stint at JSA taught me discipline, grit and perseverance. Turning around deliverables with rigorous deadlines prepared me for bringing out the best even under pressure. Associating with international clients further enhanced my personality and helped me transform into a mature professional. Furthermore, the exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice.

    What inspired you to establish your independent practice, and what have been some of the most rewarding experiences so far?

    I have always been passionate about addressing arguments in Court. After a point of time, felt I was becoming too comfortable and complacent with my job at the law firm. I was striving for more opportunities to argue. The freedom to argue your own matters inspired me to establish my practice. One of the most rewarding experience is the satisfaction I see on my clients’ faces after they see me perform in Court. Recently, after achieving a favourable outcome for one of the legal aid beneficiaries, I was invited by him to visit his house and meet his family so that I could meet and inspire his children. Such instances augment my trust in the legal profession and remind me that I am on the right track.

    Could you share more about your role as an Assistant Advocate General of the State of Haryana in the Supreme Court of India?

    As an Assistant Advocate General of a state, one is required to represent the concerned State in matters that are marked to the officer. The officer is expected to be well acquainted with both civil and criminal law as the officer can be asked to represent the State in any matter where the concerned State has been impleaded. The officer is required to coordinate with the concerned department of the State Government to seek instructions and assist the Court. My responsibilities as an Assistant Advocate General included arguing matters before the Supreme Court and drafting Special Leave Petitions and counter affidavits.

    What are some of the most challenging cases you have handled in your practice, and how did you approach them?

    Each brief has its own challenges. Sometimes, a case may be straightforward but the Bench may be non-receptive. On other occasions, the opposite counsel may create unexpected hurdles in a matter which is otherwise not complicated.

    Some of the challenging cases that I have handled include the landmark decision of Maharashtra Seemless Limited v Padmanabhan Venkatesh & Ors., reported as (2020) 11 SCC 467. I also appeared before Supreme Court in a landmark matter titled Aruna Oswal v Pankaj Oswal & Ors., reported as (2020) 8 SCC 79 involving interpretation of law of nomination under Companies Act, 2013 vis-à-vis law of intestate succession.

    I have also represented a person with benchmark disability  in a service matter before the Delhi High Court and Central Administrative Tribunal. I argued for securing his preferred post on the principles of non-discrimination and reasonable accommodation enshrined in the Rights of Person with Disabilities Act, 2016.

    My Approach

    1. Prepare a narrative, storyline of the matter and plug loopholes, if any.
    2. Become the Devil’s Advocate and identify all ostensible arguments of the opposite side.
    3. Present the matter before the Judge with a simple and logical approach. All courts appreciate brevity.
    4. Up to date background research on the Judge who will be hearing the matter and judge’s approach in similar situations.
    5. Understand the pulse of the Court which is very important during a hearing.
    6. Prepare flexible strategies basis mood of the Court. Most of the urgent reliefs sought before a Court are discretionary. The art of articulation and persuasiveness to convince the Judge in passing a favorable order is the most important.

    Could you talk about your experience representing various corporate, government departments, and financial institutions, and how do you balance the interests of these different clients?

    You need to be versatile. Each client has a different way of dealing. Corporates expect you to be responsive so that they are updated with each development in their matter. However, government departments do not encourage too much hand holding. For me, all matters are equally important and I try to distribute my time basis the nature of the brief irrespective of the nature of client. I strictly adhere to professional ethics and do not engage in any manner in a matter where I may be conflicted.

    Lastly, what advice would you give to aspiring lawyers looking to build a successful career in litigation and dispute resolution?

    While pursuing a career in law, you always remain a student as there is so much to learn. One must continue learning throughout their life and accept new ideas. I urge the budding lawyers to have a clear vision and plan their actions accordingly. There is no substitute to hard work and no shortcut to success.

    In my view, the skills and qualities which a lawyer must possess to excel in his career can be derived from the word “Success” itself :-

    S     – Steadiness (balanced approach and focus)

    U – Unbridled hard-work

    C – Confidence

    C – Command over language

    E – Eagerness to learn more

    S – Sincerity

    S – Socially active

    Get in touch with Raghav Sabharwal-

  • In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    What motivated you to make a career in law? How would you describe your professional journey up until now?

    I would say that studying law was a natural choice for me, and I find nothing that is more interesting, captivating and easier for me than law. Having studied law for the last 8-9 years of my life, I can confidently say that choosing law as my career has been the best decision of my life to date and I have never found laws to be complicated as such but just pure common sense.

    If you believe in what you are doing, then you will find your work to be interesting; as it has been rightly said by Steve Jobs that ‘…Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking….’

    As far as my professional journey is concerned, I would say that I had to work very hard to understand the nitty-gritty of the laws, court procedures, principles of legal drafting, the art of advocacy, the jurisdiction of courts/tribunals etc. One has to work hard initially to understand the laws but it gets easier with time once you know the basics. 

    You have excelled in your academics throughout your career and also were a rank holder in your LLB and Graduation. What would you say were the factors that helped you excel in academics, especially while pursuing law?

    I had more than 90% attendance in each semester of my college and rarely used to miss classes. I used to pay attention to whatever the professor was teaching and make notes. I never left anything to the last moment, a practice that I follow even today, and I used to study for all the exams well before the exam date. On the day before the exams, I only used to revise and think about how I could somehow improve my answers.

    I focused more on writing as many cases as I could and on correctly writing the provisions of the laws; all this was only possible because I revised multiple times before the exams. I was confident that I had learnt it and focused on keywords while reading anything new. I used to read many different books and xerox the relevant parts to prepare my answers.

    As this required a lot of effort and time, therefore I used to begin my preparation around one month before the first-semester exam and increased my hours of studying as the exams approached. Also, starting early gave me the advantage of clarifying my doubts to the concerned professor and I never left anything to luck; I always gave the exams by reading almost the entire syllabus, so that even if the question paper was difficult, I could answer them.

    I always focused on writing the answers supported by case laws, sections and notes of that teacher and never missed answering any of the questions in my exams during my college days; I used to allocate a specific time frame for answering each question and then used to move on to the next question on completion of the allotted time frame.

    Out of the wide spectrum of internships you did in college (Shardul Amarchand Mangaldas, NCRB, Ministry of law and Justice, Kochhar and Co etc), which one of them was the most enriching experience? What should be the three things one should keep in mind while choosing an Internship?

    My internships at the Chamber of Adv. Murari Tiwari Sir and Chamber of Adv. Rajesh Yadav Sir was the most enriching for me. 

    Murari Tiwari Sir and Tripurari Tiwari Sir are both very polite, helpful and friendly, and they used to make sure that all the interns in their office learned something new each day; I was given case files which I had to read, and after that, Sir used to ask me as to what I understood from the case and after that guide me as to the facts of the case and laws applicable thereof. Despite Murari Tiwari Sir and Tripurari Tiwari Sir being very busy with their work, they always kept some time aside each day for their interns. 

    My internship at the Chamber of Adv. Rajesh Yadav Sir was also very enriching. I learned a lot under his able guidance, and Sir used to teach me about the intricacies of court procedures. I was given some case files to read, which I later used to discuss with him. Sir had an excellent command over the facts of the case, and he used to tell me about the arguments of both sides in that case. During this internship, I visited the Hon’ble Delhi High Court for the very first time. Sir had extensive knowledge of the facts and the laws pleased in the case so much so that even without opening the file, he could remember all the details of the case and even the page number where it was mentioned! 

    On the aspect of what one should keep in mind while choosing an internship is concerned, I would say that it would depend on the career objective of that person. If one has not decided which area they want to join, one may intern at different places to get an idea. Also, I feel that if one has figured out what one wants to join after completing their LL. B then a long-term internship at a single place is more beneficial than multiple short internships at different locations, provided one enjoys their time and is learning at that internship.

    You hold expertise in various areas of practice like Civil Law, Criminal Law, Arbitration, Insolvency Law, Recovery matters etc. How would you describe your journey in the field of litigation so far? Please tell us – the good, bad and the ugly.

    Litigation requires one to read a lot and spend a lot of the time thinking as to what could be the possible arguments in the case and anticipate the arguments that the opposite party might advance and how to tackle them. 

    The good part in litigation is the encouragement and appreciation you get from the judges, seeing your name as a counsel in judgements/order sheets, and the fact that what one might argue may become the law of the land if agreed by the judge.

    The bad part would be the long hours one has to spend each day reading; there are so many documents that one has to read. Then after figuring out what the question of law is involved in the case, one has to read multiple judgments on that specific provision of law to find which cases laws support your case and which decisions are against your case and then think as to how to distinguish these decisions.

    I would say the ugly part is that travelling from one court to another to the office daily can be extremely tiring.

    You have 17 publications in various reputed journals. You also presented a paper on defamation at the Freedom of Speech and Expression Regional Conference organized by the Law Commission of India in 2016. Do ‘ideas pick you’ or do you have an extensive process of picking topics which you want to write about. Please take us through the whole process from finding an idea to publishing it in a reputed journal. How challenging is it?

    Legal writing is my hobby, and I find it a way to express myself on legal issues that have evoked my curiosity. Generally, I write on contemporary legal issues and those issues which would not lose their relevance over time, such as prison reforms and electoral reforms. I had written legal articles on these two topics some 4-5 years ago, and even today, they remain a contemporary topic for discussion.

    Before writing an article, it is first necessary to convince yourself as to why you want to write an article on that legal issue. For that, I used to read a little background about the same to ensure that it is indeed a good topic to write on. If I am sure that it is a good topic then I will read about it in detail. Usually, I choose those topics that are being discussed in the media/news so that the chances of their publication would also increase. I always substantiate whatever I would write through primary and secondary sources such as law commission reports, parliamentary committee reports, judges’ interviews, judgements on those points, legislations etc as it has been rightly said by Edwards Deming that ‘Without data, you’re just another person with an opinion’.

    If one wants the article to be published in a reputed journal. In that case, the article must be well researched and something that is not only a bit different from the existing literature but also, more importantly, it should make the reader ponder and think if what the author intends to say is unique, has credence and is indeed thought-provoking!

    At this young age, you have achieved so much, what do you think is in store for you in the future? How are you planning to use your skills and knowledge accumulated till now?

    I still have a long way to go and plenty of things that I want to achieve in my life. I always believe that life would be meaningless if we don’t achieve difficult things. To achieve anything worthwhile, hard work and planning are necessary. Achievements often come at the cost of sacrifices which do pinch a lot; therefore, one should allocate his/her time accordingly and focus on things that are more important to them and in line with their professional aims. I will focus my future on achieving my ambitions and plan accordingly.

    You were posted as a Young Professional (Legal) in the Ministry of Consumer Affairs, Food and Public Distribution, Government of India. Please share your experience in the job. How can one scale such an achievement?

    I had a brief stint at the Central Consumer Protection Authority (CCPA), which is currently a part of the Ministry of Consumer Affairs, GOI. I enjoyed my time over there and cherish those moments. I am extremely grateful to Ms Nidhi Khare Ma’am (Chief Commissioner, CCPA), Mr Anupam Mishra Sir (Commissioner, CCPA), Rout Sir and Jayashree Narayanan Ma’am for giving me this opportunity to work at the CCPA. 

    CCPA is a newly established regulatory body under section 10 of the Consumer Protection Act, 2019 (CPA) and has been established to protect the rights of consumers. Regulatory bodies are different from courts/tribunals and are equally important institutions in the administration of justice. I wanted to work there so as to learn about regulatory bodies and to get exposure to how the work culture of the government is different from that of the private sector.

    Finally, a word of advice for the lawyers and law graduates who are passionate about litigation & arbitration?

    I don’t think that right now I am at that stage in my life where I can advise lawyers or law graduates. I still have a long way to go. However, those who intend to join the field of litigation & arbitration must be ready to work hard and focus their time on learning the intricacies of the laws. In any given facts of a case, there can be various laws that could be applicable, so you must have a fair idea of the applicable substantive and procedural laws so that you can research if there has been any violation of some legal principles or judicial precedents that would help you to advance your case before the courts.

    For example, if there is a contractual dispute between two parties over goods purchased through an e-commerce site, then depending upon the facts, various laws could be applicable, such as the Contract Act, 1872, Sale of Goods Act, E-commerce rules, IT Act, 2000, CPC, IPC, CRPC, Evidence Act, Commercial Court Act, 2015 etc. Therefore, a holistic understanding of all the major laws is necessary while developing expertise in a few laws that one is most comfortable with.

    I am grateful to the ‘SuperLawyer’ for giving me this opportunity to share my experience and conclude by quoting an extract of a speech by Justice K. M. Joseph, Judge Supreme Court of India, at the convocation of the National University of Advanced Legal Studies, Kochi, which I consider to be very useful and practical advice in life, he said that ‘…Study the Court. When I joined the Bar, a senior counsel gave me advice which I thought was useful. He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer..’