Super Lawyer

Tag: Litigation

  • “Control the controllables and do not bother about what you cannot control… Hard work will never have a substitute and patience combined with dedication will never go unrewarded.” – Wasim Beg, Independent Counsel & Former Additional Advocate General (Jammu & Kashmir)

    “Control the controllables and do not bother about what you cannot control… Hard work will never have a substitute and patience combined with dedication will never go unrewarded.” – Wasim Beg, Independent Counsel & Former Additional Advocate General (Jammu & Kashmir)

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

    Could you share with us your journey to becoming a legal professional? What inspired you to pursue a career in law, and could you recount any memorable experiences from your college days or your first job that influenced your trajectory in the legal field?

    My fascination with the legal world began (as I believe was common at that time in particular) by following some of the famous criminal trials. And all these controversial or ‘in the news’ criminal matters would invariably have one name in common – Ram Jethmalani. The way he would go about handling these matters certainly piqued my interest and I would pin point that to be the reason I took my first steps in the direction of pursuing a career in Law. It has been over 15 years since I started working at Mr. Jethmalani’s office (first as a long-term intern and then a brief stint as his junior) and even today, his first words (to me) echo in my ears and have inspired and shaped my professional trajectory, he said to me – ‘Remember – you may lose a case, but never lose your conscience’.

    Your legal journey is quite illustrious, marked by your tenure as the Additional Advocate General for the State of Jammu & Kashmir. Could you share some memorable experiences or cases from your time in this esteemed position that left a lasting impact on you?

    It would be extremely hard to lay my finger on one case. The very feeling of representing a State and the responsibility that comes with it gives you a sense of pride. This is where I learnt to really respect and value every file that I worked on. The sheer enormity of the responsibility makes you perform to the best of your ability.

    Your expertise spans across various branches of law, including constitutional law, criminal law, civil law, and more. How do you manage to maintain proficiency in such diverse areas, and do you have a particular favorite among these?

    I am not a huge votary of a lawyer specializing in one particular field of law, especially at the beginning of one’s career. To be a veracious reader is non-negotiable for any good lawyer. Anyone who restricts his/her knowledge to one particular field of law is at the same time closing all the options that lead to one being a ‘complete lawyer’. All the legal luminaries that we are so enamored with have vast experience and knowledge in all fields of the law, they keep reinventing themselves – that is possible only when we keep all doors open and embrace knowledge from all over. I certainly have a leaning towards Criminal and Constitutional Law.  

    Given your extensive experience in litigation, arbitration, and dispute resolution, what advice would you offer to young legal professionals aspiring to excel in these fields, especially in navigating the complexities of the legal system?

    Read, read and read – the right opportunity will come. I have seen youngsters who are over anxious and lose a lot of time lamenting. What is true in general, holds true while you navigate your way through the profession – control the controllables and do not bother about what you cannot control. Hard work will never have a substitute and patience combined with dedication will never go unrewarded. The problem comes-in when we lose patience and try to ‘manufacture’ success. You ‘build’ your success story, you do not ‘manufacture’ it. Keep things simple – be sincere in what you do, work hard, be patient and you will land up on your feet.

    Apart from your legal career, what are some of your personal interests or hobbies that you like to indulge in during your free time?

    I do like to read and write a fair bit. Like most of us, cricket does eat up a lot of my free time. I like to follow world politics and find psychology (especially criminal psychology) to be deeply fascinating and do read-ups and follow TV shows on the subject. 

    Your book on the “Dishonour of Cheques” is a significant contribution to legal literature. Could you share some key insights or lessons from the book, particularly regarding the legal intricacies surrounding dishonored cheques, and how this knowledge can benefit legal practitioners and individuals navigating such matters?

    The book is essentially to help any lawyer who takes up a case relating to dishonour of cheques. The book aims to cover and guide on every aspect/legal challenge that a lawyer would have to face during a proceeding of that nature. It sums-up how Courts have looked at every possible scenario in a cheque bounce case right from the inception to the culmination of the case.

    Your experience at Luthra and Luthra Law Offices India has been quite extensive. What were some of the most rewarding aspects of your role, and how did it shape your approach to legal practice?

    The sheer level of trust and peace of mind while at work always stood apart. The leaders and mentors at the firm like Mr. Rajiv Luthra and Mr. Vijay Sondhi were instrumental at creating that level of trust and the atmosphere where one could always hold his/her own and never be shy to share ideas, no matter who else sat at the table. I was put in a leadership role quite early and that really helped me develop and take rapid and confident strides in the profession. 

    Also, I learnt very early that a youngster can only grow well if he/she is not put in any fear of making a mistake. Once you fear making a mistake, you lose your originality and your independent thought process. Once you lose those two facets of your personality, you will do no better/bring no new perspective than your predecessors – for you will always look to play safe and only tread the path previously taken.

    You’ve recently transitioned into the role of an independent counsel. Could you shed some light on this new chapter of your career and what it entails? How does it differ from your previous roles, and what opportunities and challenges do you anticipate in this capacity?

    I have gotten along with some like-minded colleagues and started a Law Chamber. This is certainly a far more challenging task as compared to working with a Law Firm which comes with its own set of challenges and certain comforts. The beginning of this chapter certainly comes with lesser comforts and more challenges. These exciting challenges and our collective eagerness to scale them is what brought us together. The primary difference between this and my previous role as Partner in a Law Firm is that one comes out of the ‘comfort zone.’ While a Law Firm comes with its own legacy and you can certainly contribute to it, here you get to write your own script. The challenge is that you might have to prove yourself every day, but that is the biggest motivator as well.

    You’ve been recognized with numerous awards and accolades throughout your career, including the Global Lex-Falcon Award and the Money 2.0/Law 2.0 Award. Among these honors, is there one that holds particular significance for you? If so, could you share why it means so much to you?

    While I shall always remain thankful to those who considered me worthy of these awards, I have never attached much attention to these. At the end of the day – what matters is that you should be satisfied with the progress made and should be looking forward to the next day at work. As long as that is the feeling – you are a winner.

    Get in touch with Wasim Beg-

  • “Law is an instrument of socio-economic change for me. Being an Advocate is both a privilege and responsibility.” – Aditya Singh, Founder and Chairman of Alexis Group

    “Law is an instrument of socio-economic change for me. Being an Advocate is both a privilege and responsibility.” – Aditya Singh, Founder and Chairman of Alexis Group

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

    Aditya, looking back at the start of your career, what were some of the biggest challenges you faced, and how did you overcome them? Could you share a bit about your journey from your early days to where you are now?

    I am a first generation Advocate and lifelong student of law. I transitioned from management consulting to law in my late twenties. At the start of my career, some of the biggest challenges were uncertainty about career direction, lack of social networks within the legal profession, moral and ethical dilemmas, cultural and social barriers, facing rejection from potential clients, getting a fair remuneration, and difficulty in building the personal brand. 

    To overcome these challenges, I started seeking guidance and mentorship from seniors at the Bar, gaining practical experience by assisting them in a variety of matters, exploring different industries, prioritizing time management, viewing rejection as a learning opportunity, engaging in networking activities, pursuing continuous learning, and remaining adaptable to change.

    I believe that by persevering, staying resilient, and embracing opportunities for growth and development, I am navigating through these challenges and progressing in my career. 

    Now, I am working on a wide variety of matters in civil, criminal, commercial, constitutional, corporate, service/employment, and labour & industrial relations domains. My focus is on corporate advisory, dispute resolution, governance and compliances, research and analysis, and legal awareness and education. I also serve as a Legal Advisor or Empanelled Advocate for various companies, firms, and organisations such as the Vodafone Idea Limited, Docland Services Limited, and Uttar Pradesh Kabaddi Association to name a few. 

    You may learn more about me and my journey on www.adityasingh.co

    Could you tell us more about Alexis Law? What kind of work does the law firm undertake, and how do you leverage its resources and network to drive your initiatives in legal practice, public policy, and youth empowerment?

    Alexis Law is a full-service law firm based out of Lucknow. The firm offers wide range of legal services, spanning arbitration and mediation, litigation, corporate advisory, policy advocacy, and more. Leveraging its resources and networks, the firm undertakes pro bono work and community engagement efforts, such as legal clinics, legal awareness camps, and educational seminars. Furthermore, the firm supports youth empowerment initiatives by offering internships, and mentorship programs, thereby promoting diversity in the legal profession. 

    Please tell us about your latest initiative – Alexis Legal? What is your vision for this initiative?

    Alexis Legal is a global alliance of legal and dispute resolution professionals. Our team includes leading advocates, consultants, chartered accountants, company secretaries, cost accountants, and insolvency professionals.

    It is a values driven and membership based organization built on the principles of equity, fairness, and trust. Our core values are Integrity, Excellence, Commitment To Justice, and Continued Innovation.

    This alliance is a one of its kind professional development platform for enhancing the income and impact of legal professionals by improving their discovery and expanding their expertise, practice areas, and jurisdictions.

    As an advocate and consultant, you’ve been involved in various legal matters across different jurisdictions. Can you share a memorable experience or case that has shaped your perspective on the legal profession and advocacy?

    Law is an instrument of socio-economic change for me. Being an Advocate is both a privilege and responsibility. I have joined this noble profession for advancing social justice, protecting human rights, and fostering positive change at both the individual and systemic levels.

    In a recent case argued by me, Hon’ble High Court of Judicature at Allahabad, Lucknow Bench observed that True Love Between Adolescents Can’t Be Controlled Through Rigours of Law or State Action in its reportable judgement.

    It was a case of inter-caste love marriage which turned into an ugly legal battle as the family members of the girl lodged criminal complaints against the boy and his family members. The case was of technical nature due to various stringent sections of IPC and POCSO Acts.

    After dealing the case on technical and maintainability grounds, I presented three crystallised arguments, (a) Love knows no caste boundaries, (b) Romantic relationships between consenting adolescents must not be viewed as criminal acts mechanically, and (c) Happiness and well-being of an innocent couple and their children needs to be protected by the Hon’ble Court using its inherent powers u/s 482 Cr.PC. to uphold rule of law in the society.

    Hon’ble Court graciously allowed the application by accepting our submissions along with relevant judgements and quashed all the criminal proceedings.

    In this case, my team could secure relief for the client and his family in an 11-year-old case. Overall, it was a very fulfilling experience. 

    You’ve been involved in initiatives related to the environment and climate change. How do you see the role of law and advocacy in addressing these pressing global challenges, especially from the perspective of youth engagement?

    Law and advocacy play a vital role in addressing global environmental challenges, with youth engagement serving as a catalyst for positive change. Through policy advocacy, young people can push for the development and implementation of sustainable legislation at various levels of governance. Additionally, they can utilize litigation and legal action to hold governments and corporations accountable for environmental harm, demanding justice for affected communities and action on climate change. By raising public awareness and promoting education, youth-led initiatives can mobilize communities to adopt sustainable practices and advocate for environmental solutions. 

    I firmly believe that innovation and collaboration are fostered through interdisciplinary approaches, technology, and creative solutions, driving systemic change in environmental policy and practices. Furthermore, youth engagement in international forums like the United Nations Climate Change Conferences amplifies their voices on a global scale, fostering solidarity and cooperation in addressing shared environmental challenges. 

    Overall, law and advocacy provide a powerful platform for youth to effect positive change, shaping a more sustainable and resilient future for generations to come. Through strategic engagement in legal and advocacy efforts, young people can play a pivotal role in driving forward the global environmental agenda and promoting a healthier planet for all.

    Your participation in the UN Water Conference in New York and the UN Climate Change Conference in Dubai is quite remarkable. What insights or learnings did you take away from these global platforms, and how do you bring them back to your work in India?

    Last year, I got the opportunity to participate in the UN Water Conference in New York and the UN Climate Change Conference in Dubai as a representative of the Alexis Foundation.

    The 2023 UN Water Conference was held at the UN Headquarters in New York. I led a 7-member delegation and hosted an official side event on the topic – Innovative Solutions for a Sustainable Blue Economy through Water Action, Cooperation and Youth Engagement at the conference. 

    During this conference, I gained a deeper understanding of the global water crisis and the importance of collaborative efforts to address water scarcity, pollution, and access issues. Learning about innovative solutions and best practices from around the world has inspired me to advocate for more sustainable water management practices in India. I have incorporated these insights into my work by promoting water conservation, supporting community-led initiatives, and advocating for policies that prioritize equitable access to clean water for all.

    On the side-lines of this conference, I also met several dignitaries from around the world and Indian leaders and diplomats such as the Hon’ble Minister of Jal Shakti, Government of India, Permanent Representative of India to the United Nations, and Consul General of India, New York.

    The 2023 UN Climate Change Conference was held at the Expo City in Dubai. I led a 5-member delegation to the conference and Alexis Foundation was admitted as an Observer to the United Nations Framework Convention on Climate Change. This conference offered me valuable perspectives on the urgency of addressing climate change and the need for ambitious, collective action at both the global and local levels.

    Witnessing the global dialogue and negotiations first-hand reinforced the importance of interdisciplinary collaboration and stakeholder engagement in tackling climate-related challenges. I have leveraged these insights to advocate for climate resilience measures, renewable energy adoption, and sustainable development policies in India. Additionally, I am working to raise awareness about the impacts of climate change on vulnerable communities and promote climate justice principles in my advocacy efforts.

    Overall, my experiences at these global platforms have deepened my commitment to addressing pressing environmental issues and advancing sustainable development goals in India. By applying the insights and learnings gained from these conferences to my work, I strive to contribute to positive change and empower communities to build a more resilient and equitable future for all.

    Your journey includes several prestigious fellowships and certifications. How have these experiences contributed to your personal and professional growth, and what role do you see continuous learning playing in your career?

    My journey has been instrumental in shaping both my personal and professional growth. These experiences have provided invaluable opportunities for networking, mentorship, and exposure to diverse perspectives, all of which have enriched my understanding of the field of law and expanded my skill set.

    Participating in prestigious fellowships has allowed me to engage with leaders and experts, fostering mentorship relationships that have provided guidance and support in navigating complex professional challenges. These experiences have also exposed me to innovative ideas and approaches, pushing me to think creatively and critically about my work.

    Moreover, earning certifications has demonstrated my commitment to excellence and expertise in specific areas of interest such as Arbitration and Mediation, Constitutional Law, White Collar Crimes, Intellectual Property Law, Technology Law, and Right to Information. These credentials have enhanced my credibility and opened doors to new opportunities for career advancement and impact.

    Continuous learning is essential for staying relevant and effective in any career, but particularly in the ever-evolving field of law. Embracing a mindset of lifelong learning enables me to adapt to changing trends and technologies, deepen my expertise, and remain at the forefront of innovation. Moreover, it allows me to constantly refine my skills, broaden my knowledge base, and drive meaningful progress in my career.

    In essence, my journey through prestigious fellowships and certifications has underscored the importance of continuous learning in my career. By embracing opportunities for growth and development, I have become better equipped to navigate the complexities of the legal field, contribute to meaningful change, and achieve my professional goals.

    Given your background in both law and management, what approach do you employ to drive innovation and strategic thinking within your legal practice and social impact initiatives?

    As someone who has navigated the intersection of law and management, I have integrated Environmental, Social, and Governance (ESG) efforts into the firm’s strategy and operations and recommend the same to my clients and partner organizations.

    In legal practice, innovation means adapting to client needs. Therefore, Alexis Law has embraced technology to streamline processes, and enhance client experiences. Our team members embody the values of empathy, integrity, commitment to justice and continued innovation.

    To sum up, my approach combines legal acumen, management principles, and a commitment to positive change.

    When you’re not immersed in your professional endeavours, how do you like to unwind and recharge? Any hobbies or interests you’d like to share with our readers? 

    I am a firm believer in the philosophy of work-life integration. To unwind and recharge, I take short vacations every quarter and travel around the countryside in India and around the world. As a spiritual and religious person who loves nature, history, art and culture, I prefer to visit ancient temples, forts, palaces, museums and art galleries. My hobbies are photography, numismatics (collecting coins and notes), and philately (collecting stamps).

    What advice would you give to the current generation looking to pursue a career in law or advocacy, considering the evolving landscape of legal practice and social issues?

    For those aspiring to pursue a career in law or advocacy, it’s crucial to stay informed on legal trends, policy changes, and social issues, developing strong communication and critical thinking skills, and embracing technology. I believe that building a professional network, prioritizing ethics, and remaining adaptable and resilient are essential for success in the evolving legal landscape. 

    Furthermore, practical experience through internships and clerkships is invaluable, as is focusing on social impact and contributing positively to the society. Last but not the least, it’s imperative to prioritize self-care and well-being to sustain a fulfilling career amidst the demands of the legal profession. 

    Overall, aspiring legal professionals must strive for a combination of knowledge, skills, ethical integrity, adaptability, resilience and a commitment to making a difference in the society.

    Get in touch of Aditya Singh-

  • “The most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources”- Sandeep Raj Roy, Zonal Legal Head- North, Allcargo Gati Limited

    “The most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources”- Sandeep Raj Roy, Zonal Legal Head- North, Allcargo Gati Limited

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your career journey from starting as a junior advocate to your current role as Zonal Head – Legal (North) at Allcargo Gati Limited? How did you transition from criminal practice to corporate law?

    Well, it has been a splendid journey throughout the career since its inception with lots of hiccups and challenges which I overcame. I started visiting the district level courts of West Bengal adjoining the Kolkata district. I had always a dream to pursue my career as a pleading Counsel, which every budding lawyer dreams. I developed the knack of practicing criminal law and am fortunate to get the opportunity to learn about the broad aspects of criminal jurisprudence under the guidance of the one of the eminent criminal lawyer of West Bengal and other states of eastern region, Mr. Tamal Kanti Mukherjee, Advocate of Alipore Judges Court, Kolkata and developed the skills of filing of police complaint thereafter conversion of the same to FIR, summoning, framing of charges till trail stage.  During the initial days after the bar enrollment, you are hardly able to foresee the career path in this vast legal domain, wherein you get inadequate information from friends, colleagues including pressure from the family members to establish yourself .  Predominantly appropriate legal connections are the main keys that every first-generation lawyer lacks, which I personally felt. 

    In order to get the flavor of the civil jurisprudence and in this vast universe of civil law(s) including but not limited to Laws of Constitution and Code of Civil Procedure 1908 & other law(s), I got the opportunity to work with one of the leading Law & Solicitor’s Firm of Kolkata viz. Sandersons And Morgans, as a Junior Advocate. I have appeared in different courts like Ld. District Consumer Dispute Redressal Forum, Hon’ble State Consumer Forum, Ld. City Civil Court, Ld. District Court, other Tribunal(s) and Hon’ble Calcutta High Court Original and Appellate side jurisdiction etc. 

    In addition to the proficient domain knowledge and skills, one of the most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources. Whilst during those struggling days of building my own brand of a recognized lawyer through the process of continuous learning, I got a call from the HR department of the most trusted footwear retailer brand Khadim’s and that really made my day and I got selected for the position of Senior Executive – Legal on the very first day of my interview. Now, I can gracefully state that I was the first ever candidate those days from my college batch being selected for the job opportunity in the corporate legal department.

    It is apposite to mention that I got immense support and guidance from my college mate cum best friend, a competent lawyer specialized in constitutional bench matters of Hon’ble Calcutta High Court Ms. Mimi Mondal, BA.LLB turned to be my better half and mother of my only child Master Smayan Roy.

    What were your key responsibilities and accomplishments during your tenure at Khadim India Limited and Ambuja Group ? Could you share some insights into the projects you handled and the challenges you encountered?

    The first corporate job in Khadim’s really worked like a “bolt from the blue” and I got the exposure to understand the framework of the corporate legal department, learned corporate ethics, drafting of in-house company policies, labour related compliances, corporate litigation, retail acquisition, land matters along with company secretary and related affairs.

    I was always best known for delivering smart results within a highly competitive environment by analyzing the situation/ complexities from broad legal perspective and suggesting practical action plans.

    During my days of employment with Ambuja Group, a group renowned for its City Centre Malls in Kolkata, Raipur, Bihar and one of the top Builders in eastern India, I was a part of the corporate legal team and assisted the Head Legal in scrutinizing the Legal documents in respect of the proposed commercial and residential projects of the Company. I have independently & successfully closed contracts for new store leasing / licensing contracts of more than 150+ brands for new mall openings and elevated to the next level within a span of six months of joining the organization.

    Moving to Delhi and taking on the legal function for the North & East regions at Shoppers Stop Ltd. must have presented unique challenges. Could you elaborate on some of these challenges, especially in navigating the legal landscape and stakeholder management in a new city?

    Yes, indeed it was a little bit of a challenge for the initial days in terms of the geographical periphery and the peoples around you are concerned.  Obviously the language plays a very important role in the legal domain but I have only one philosophy when it comes to work, every piece of work, regardless of size has to be done on time and in the right manner irrespective of barriers.

    I had always had a dream of joining a big brand and a pioneer in the field of retail industry and I got the opportunity to work with “Shoppers Stop”, known for its superior quality products and services. During my period of employment with Shoppers Stop, I had conducted due Diligence of properties for retail and commercial development, closed documentation and due diligence of high street and Mall Anchor stores in the FY 2015-16 on pan India basis and have also developed company policies on industry-specific issues and corporate governance. 

    The biggest USP of my role with Shoppers Stop was that I was already a seasoned corporate lawyer having sound exposure of dealing with brand related agreements either from the Developer’s side as well as Retailer’s side, which really acted like a cherry on the cake for this role.

    The biggest challenge during those days, I felt coordinating with the local lawyers on the rural side. While as we all know that it is a common practice of sending weekly/monthly reports to the top management with the complete update on the particular day of hearing of the matter, it becomes a tedious task when the calls/ messages to the local counsels always remain unanswerable. Hopefully with the digitization of the e-courts facilities and the confonet website for consumer matters, the struggle towards obtaining the updates and the orders of the lower court matters have been marginally decreased.      

    As part of the legal team at Dish TV, you were deeply involved in compliance, contracts, arbitration, and consumer litigation. What lessons did you learn from this role, particularly in terms of managing complex legal matters and driving successful outcomes?

    As I have said earlier, my years of experience in the legal field is something that can truly contribute to the company’s success and my sense of dedication in every task that I handle is definitely a big plus.  

    As a part of the legal team of Dish TV, I have successfully spearheaded projects and generated huge cost savings for the company by implementing innovative initiatives and providing tactical business solutions and closure of high business contracts including the timely compliance of the regulatory affairs of TRAI and other regulatory body(ies) from time to time. 

    As a part of the company’s mission of acquiring the largest consumer base in providing the DTH services and to become the front-runner in service provider’s community, I have joined hands with the business team members and closed several contracts for different business verticals. My domain knowledge and hold over the customer base made a big contribution in resolving consumer matters of high stake including celebrities engaged for brand endorsement. I have really enjoyed the challenge of closing and successfully defending high ticket arbitration, commercial suits, trademark disputes. It is noteworthy to mention that I was a core team member of the Merger & Acquisition (M&A) team for acquisition of Videocon D2H by Dish TV and handled pre acquisition compliance and documentation from legal perspective 

    Your experience indicates involvement in trademark infringement and brand protection. Can you discuss how you tackled these issues in your previous organizations and any strategies you employed to safeguard intellectual property rights?

    As we all know that registration of trademark provides a legal protection against the misuse or copying of a company’s name or logo, which is often a company’s most valuable asset. I have been always actively involved in the trademark and related affairs since the inception of my career in every organization I have worked. The key role and have tackled the trademark related issues by : – 

    1. Filing of trademark & copyright applications on time and continuously following up till registration along with timely renewal, 
    2. Nabbing the counterfeiters illegally using the brand name by sending Cease & Desist Notices on a timely manner, 
    3. Filing of Trademark infringement suits in respect of the counterfeit good(s) appointment of local commissioners by the appropriate Court of Law.
    4. Filing of police complaints for TM & copyright infringement and intimation to the state / central tax authorities, 
    5. Advising the organization on the possible consequences and advantages regarding the registration of Trademarks, Copyrights and other Intellectual Property Rights. 

    I have also designed an effective online system with the help of the third party developer for management of Intellectual Property resources of the company. 

    Independently represented the company on the trademark litigation filed against the Infringers in “passing off” suit filed at Hon’ble High Court at Delhi and the Hon’ble Court has passed John Doe and Anton Pillar orders in respect of the trademark of the company.

    How does the legal landscape in the logistics industry compare to the other industries you’ve worked in? What are the unique challenges and key areas of focus for legal professionals in the logistics sector?

    The logistics industry is subject to a web of regulations and customs procedures, which varies significantly from one region to another. Navigating this complex landscape can lead to delays, fines, and compliance issues. The logistics sector including road industry are always prone to ongoing legal hassles including timely compliance, safety, export and import compliance; vehicle detention by administrative, quasi judicial authorities etc., GST and other tax impositions, hazardous materials safety, handling, transportation and storage, MACT, road transport issues, vehicle caught incidences under NDPS Act or any other statute. 

    You need to monitor and update management on every change of laws and regulations from time to time and ensure compliance thereof. 

    We have acted as an enabler to business team on proactive suggestions on legal matters on various business related issues on 24*7 bases round the year. 

    Throughout your career, you’ve likely achieved numerous milestones. Could you highlight one of your most significant accomplishments, either in your past roles or your current position at Allcargo Gati Limited?

    I try to achieve the set goals and work hard as much as I can, I try to reach those goals and achieve the desired outcome. I had always recognized myself as someone with a progressive attitude who does his best and gives 100% to attain goals. To me success is not just my personal achievements but also by the efforts of the people around me and my team.

    I have been always been a top performer in almost all the organizations I got the opportunity to work and in this current organization Allcargo Group,  I am awarded with the “CEO Award” – FY – 2022-23 and “Best Zonal Head – Legal” – FY 2023-24 for my exemplary performance and contribution to the legal team.

    Finally, drawing from your rich and diverse experience, what advice would you offer to law graduates aspiring to transition into corporate legal departments? What key insights or lessons would you share with them as they embark on their careers in the legal field?

    Working as a corporate lawyer could be a very rewarding and profitable career path.  One should blindly follow the vogue “Practice – Perseverance – Perfection” for the initial days of the career. 

    Corporate Legal Specialist is a relatively new discipline and the expansion and career options are ample. In the present day, company legal professionals are employed in loads of top-notch organizations and therefore this discipline of the legal profession is opening up choices in careers and professions for young law aspirants.

    Henry Ford says, “Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young.” 

    So learning and developing skills is the mandatory tool for the aspirants, so be ready for exhausting work and sacrifice. If you want to get certified and acquire expertise, work harder and become a specialist in corporate law. Good Luck to all young law aspirants!!!

    Get in touch with Sandeep Raj Roy-

  • “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

    “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey into the field of law, and what motivated you to pursue a career in corporate and investment transactions specifically?

    I am a first-generation lawyer. Despite my brother’s suggestion to follow his path in journalism, I was determined to carve out my own journey. Interestingly, my brother himself is a first-generation journalist.

    During my law studies, I diligently applied for internships at numerous prestigious law firms in the city. Unfortunately, responses were scarce, contrasting sharply with the experiences of friends who secured internships in known law firms and corporations. However, perseverance paid off, and I eventually secured internships in my final year.

    Following my tenure at Agama Law Associates, I moved to LexStart Partners, a Mumbai-based law firm specializing in providing tailored support to startups. Joining as the firm’s first associate, I had the privilege of working directly under the guidance of Anisha Patnaik, the founder. With a clientele predominantly composed of startups, my role encompassed a broad spectrum of responsibilities, including helping them with incorporating their companies, managing day-to-day operations, structuring their employee incentivisation plans and facilitating fundraising. I credit my time at LexStart and the mentorship provided by Anisha for laying the cornerstone of my career in corporate and investment transactions. 

    Then, I joined Economic Laws Practice (ELP), where I worked on more complicated and high value deals. At ELP and then at Stratage Law Partners (Stratage), I learned a lot from my Partner, Shyam Pandya. He showed me how to handle intricate transactions, meet tight deadlines, and build good relationships with everyone involved in the deal, making it easier to close deals smoothly. Shyam not only honed my legal acumen but also taught me the significance of effective collaboration and communication in facilitating seamless deal closures, marking pivotal milestones in my professional growth as a lawyer.

    Your experience spans across various prestigious law firms and companies. How have these different environments shaped your approach to legal practice, especially in the realm of venture capital and private equity?

    Having had the privilege of working in top ranked law firms such as Economic Laws Practice and then moving to fast growing firms like Stratage, alongside experience in leading companies like Pepperfry, I’ve been exposed to diverse environments that have significantly influenced my approach to legal practice, particularly within the realms of venture capital (VC) and private equity (PE).

    At ELP and Stratage, renowned for their expertise in corporate and commercial law, I honed my skills in structuring complex transactions, conducting due diligence, and navigating regulatory frameworks. This exposure instilled in me a meticulous approach to legal analysis and a deep understanding of the complexities involved in VC and PE deals.

    Transitioning to Pepperfry, India’s top marketplace for furniture and home furnishings, provided me with invaluable insights into the operational side of businesses seeking VC and PE funding. Working closely with internal stakeholders, including the business, finance and strategy teams, I gained firsthand experience in identifying growth opportunities, mitigating risks, and aligning legal strategies with broader business objectives.

    These varied experiences have equipped me with a holistic perspective on the VC and PE landscape, enabling me to offer strategic counsel. In essence, my journey through various prestigious law firms and companies has not only enhanced my technical expertise but also filled me with an understanding of the intricacies of venture capital and private equity, enabling me to deliver strategic, commercially astute legal counsel.

    Could you highlight some of the most memorable or challenging transactions you’ve been involved in throughout your career, and what lessons did you learn from them?

    One such deal I remember was representing the promoter of a large company. It was in mid-March, and everyone wanted to finish the deal before March 31. I worked till early morning hours at the client’s office with the partners I was working with. We would get drafts of agreements from the investor’s lawyer late at night, and we would quickly discuss and send back our changes within a few hours. It showed great teamwork, and we managed to close a high value deal in about two weeks. From this experience, I learned the importance of effective communication, quick decision-making, and teamwork in meeting tight deadlines and closing deals successfully in the fast-paced world of investment transactions.

    Another notable deal I worked on was a 100% acquisition deal where we represented all the existing investors who were exiting. It was quite complex because the business was structured through multiple group companies. Moreover, the parties involved were located in different time zones across the globe. From this deal, I learned the importance of thorough understanding of complex business structures, effective coordination across international time zones, and the significance of clear communication in navigating intricate investment transactions.

    As someone who has worked extensively with startups, what unique legal challenges do you often encounter in this space, and how do you address them?

    As someone deeply immersed in the startup ecosystem, some of the unique legal challenges I come across are:

    1. Not obtaining IP registration.

    I have also come across situations where the startup did not procure a trademark registration for their brand name and consequently the competitor applied for a similar trademark which was later granted registration. The startup lost its court battle to protect its brand name and was directed to pay damages to its competitor and also incur huge expenses in rebranding. I advise all founders to obtain registration of their brand name even if it is unique. This will provide you exclusivity over the brand name and also the right to object if someone tries to copy your brand name.

    1. Not having IP registration in the name of the startup.

    IPs such as trademarks and domain names are often registered in the name of the founders or in some cases in the names of the founder’s relatives. Investors want all the assets including the IP to be owned by the company which means that they should be registered in the name of the company and not in the name of any individual. Prior to a fund raise the investor would want the IP to be transferred in the name of the company but transferring the IP could take time, especially if it is a complex IP which can delay the fund raise.

    1. Not having a co founders’ agreement in place.

    First time founders do not realise the importance of a co-founders’ agreement between the startup’s founders. They feel that at the time of fund raising the investor will put in place a shareholders’ agreement then why unnecessarily invest time and money in a co-founders’ agreement. Until a startup has raised funds from an external investor, a co-founders’ agreement provides clarity and sets expectations among startup founders regarding ownership, responsibilities, and decision-making authority. It helps prevent disputes by outlining procedures for resolving conflicts and addressing key scenarios such as founder departures. 

    1. Ignorance of labour laws.

    Early stage startups often tend to ignore labour laws due to lack of knowledge which pose significant risks for startups, leading to legal liabilities, penalties, and reputational damage. For example, in India, failure to comply with provident fund and employee state insurance laws or employment termination laws can result in costly litigation and hefty fines. To overcome this challenge, startups should invest in educating themselves about relevant labour laws, seek guidance from legal experts or consultants specializing in employment law, and implement robust HR policies and procedures to ensure compliance. By prioritizing legal compliance and staying informed about labour regulations, startups can mitigate risks and create a positive work environment conducive to growth and success.

    In your current role as General Counsel at Pepperfry Limited, what are some of the key legal considerations you prioritize to ensure the company’s growth and compliance in a rapidly evolving market?

    As General Counsel at Pepperfry Limited, I prioritize several key legal considerations to ensure the company’s growth and compliance in a rapidly evolving market. Firstly, I focus on maintaining a robust regulatory compliance framework, staying abreast of changing laws and regulations relevant to our industry and geographic locations. Secondly, I prioritize intellectual property protection, safeguarding our brand, products, and innovations through registrations and objections. Thirdly, I emphasize contract management and negotiation, ensuring that our agreements with vendors, partners, and customers are fair, enforceable, and aligned with our business objectives. Lastly, I foster a culture of legal awareness through regular legal updates to key stakeholders. Whenever there is any amendment to an existing law or a new law is being introduced which is applicable to us, the legal team discusses the implications and the impact it would have on the business and steps to be taken to ensure compliance.

    Given your expertise in structuring employee benefit plans, how do you see the role of such plans evolving in the context of modern workplaces, especially within the startup ecosystem?

    Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem. In the past, they were primarily used as a way to attract top talent with the promise of potential future wealth. However, today, they play a more integral role in employee compensation packages, serving as a key tool for startups to incentivize and retain employees. These plans now offer more flexibility and transparency, allowing employees to understand their value and potential rewards better. Additionally, startups are increasingly using innovative equity-sharing structures to align employee interests with company growth and success, promoting a stronger sense of ownership and commitment among team members.

    Could you share some insights into the process of representing venture capital firms and private equity investors, particularly in terms of negotiation strategies and mitigating risks?

    Representing venture capital firms and private equity investors involves navigating intricate negotiation processes and mitigating associated risks which predominantly include:

    1. Understanding Objectives.

    It is essential to thoroughly understand the objectives and priorities of both the venture capital firm/private equity investor and the target company. This understanding lays the foundation for crafting negotiation strategies that align with the interests of all concerned parties.

    1. Negotiation Strategies.

    Negotiation strategies often involve striking a balance between maximizing returns for investors and ensuring the target company’s growth prospects are not compromised. This may involve negotiating terms such as valuation, governance rights, protective provisions, and exit mechanisms. Employing collaborative negotiation techniques while also advocating for your client’s interests can lead to mutually beneficial outcomes.

    1. Risk Mitigation. 

    Mitigating risks is paramount in venture capital and private equity transactions. Conducting thorough due diligence to identify and assess potential risks, including legal, financial, tax, technical and operational concerns, is crucial. Negotiating robust representations, warranties, and indemnification provisions can help allocate risks effectively between parties. Additionally, structuring the transaction in a manner that provides sufficient safeguards, such as milestone-based investments or earn-outs, can mitigate risks associated with uncertainty.

    1. Legal Documentation. 

    Crafting comprehensive legal documentation, including investment agreements, shareholder agreements, and governance documents, is vital for delineating rights, obligations, and responsibilities of all parties involved. Ensuring clarity and specificity in these documents can help prevent misunderstandings and disputes down the line.

    1. Relationship Management. 

    Building and maintaining positive relationships with all stakeholders throughout the negotiation process is key. Effective communication, transparency, and professionalism contribute to furthering trust and collaboration, which are essential for successful outcomes.

    1. Adaptability. 

    Flexibility and adaptability are essential qualities when representing venture capital firms and private equity investors. Flexibility in negotiation means being able to change plans if needed during discussions. It helps find solutions that work for everyone involved, even if things do not go as expected. By staying open to different ideas, flexibility can lead to better agreements that satisfy both sides and this will help you close the deal efficiently.

    Lastly, what advice would you offer to law graduates aspiring to specialize in corporate law and investment transactions, based on your own experiences and observations in the field?

    To law graduates aspiring to specialize in corporate law and investment transactions, I would offer the following advice based on my own experiences and observations in the field:

    1. Develop a Strong Foundation.

    Invest time in building a solid foundation in corporate law fundamentals, including contract law, corporate governance and securities laws. A strong understanding of these core principles will serve as a springboard for success.

    1. Gain Practical Experience.

    Seek opportunities to gain practical experience through internships, or entry-level positions at law firms or investment funds. Firsthand experience is invaluable for developing practical skills, understanding client needs, and navigating real-world legal challenges.

    1. Specialize and Stay Informed. 

    Consider specializing in specific areas within corporate law, such as venture capital, private equity, mergers and acquisitions. Stay abreast of industry trends, regulatory developments, and emerging best practices through continuous learning, attending seminars, and participating in professional associations.

    1. Develop Soft Skills.

    Cultivate essential soft skills such as communication, negotiation, and problem-solving, which are crucial for success in corporate law and investment transactions. Effective communication with clients, colleagues, and stakeholders is essential for building trust and fostering productive relationships. Your communication skills should be so clear that at an early stage also your partner should be comfortable letting you speak with the clients directly.

    1. Network Strategically.


    Build a strong professional network within the legal community, including mentors, peers, and industry professionals. Also, connect with the investment bankers and tax experts that work on the investment transactions. Networking not only opens doors to career advancement opportunities but also facilitates mentorship and collaboration on intricate transactions. Over time, cultivating these relationships can lead to a diverse clientele base and enhance professional development within the legal field.

    1. Embrace Challenges. 

    Embracing challenges presents valuable opportunities for personal and professional growth. It is important not to shy away from assignments or projects that push you beyond your comfort zone. Additionally, being adaptable and open to working with individuals across all levels and teams of the organization is crucial. By regarding failures and setbacks as opportunities to learn and grow, you can use them to propel yourself towards achieving your long-term career goals.

    Get in touch with Aasim Syed-

  • “All industries today are bound by numerous applicable laws, rules and regulations and strict compliance is not only the need of hour from regulators perspective but also from a perspective of maintaining good business hygiene”- Akanksha Khanna, Senior Legal Counsel at Flipkart

    “All industries today are bound by numerous applicable laws, rules and regulations and strict compliance is not only the need of hour from regulators perspective but also from a perspective of maintaining good business hygiene”- Akanksha Khanna, Senior Legal Counsel at Flipkart

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey into the field of law, particularly focusing on how you found your niche in brand protection and litigation counsel?

    Law as a subject had never been on my mind until school. It was a passion for my mother who due to her corporate profile at a major multinational bank and regular interactions with seasoned professionals inspired me to take up law. So, I can easily say law wasn’t planned for me; however, it just happened to me. Having said that, now 11 years down the line, I feel it was a beautiful accident which helped me shape my life both personally and professionally for the better. Being born and brought up in Delhi, I embarked on my journey of law through Guru Gobind Singh Indraprastha University, Delhi. 

    My first professional assignment was with Kochhar and Co.; however, owing to my area of interest in IP rights right from college, I made a switch to Saikrishna & Associates, a very well known name in the field of IP laws. It was my stint at Saikrishna & Associates that helped me identify my passion towards brand protection and enforcement of IP rights and eventually into associated litigation. I would take this opportunity to thank my mentor, Mr. Bharatvir Singh (Partner at Saikrishna & Associates) who led me through this journey of brand protection and made me aware of this vast space where brand owners and their niche brands are always at risk due to rampant counterfeiting. His vast experience, expertise and leadership and constant encouragement into direct client dealing made this otherwise difficult ride a smooth one.

    Thereafter I had a stint with Semita Legal, Advocates & Solicitors specializing in litigation and brand protection. It was during the tough COVID-19 times that the brand protection industry faced a tough challenge with ground movements and investigations being restricted. However, it was a great learning time as the industry re-invented with a major focus towards online counterfeiting. While strengthening the IP portfolio at Semita Legal, I was offered an interesting position with Flipkart to look after their litigation and regulatory issues. Hence, I moved to an in-house role to better equip myself with the corporate side of the legal challenges and to better appreciate the business angles and legal nuances.

    With your extensive experience across various industries such as e-commerce, FMCG, media, and apparel, what common challenges have you observed regarding brand protection, and how do you approach addressing them?

    Counterfeiting or sale of dubious quality products is a rampant issue being faced across all industries in general. The foremost sensitization should come to the brands that their goodwill which has been built over years of efforts and constant hustle is at major risk with brand dilution caused by counterfeiters by offering low quality products and ultimately putting the public at risk. Second major challenge is identifying and setting up a robust ground team and training them for identifying both offline and online counterfeits. The primary challenge kicks in when after successfully completing the two stages, the task of involving the law enforcement authorities comes into play. This involves strong liaising with enforcement authorities including Police, sensitising the authorities from time to time about the importance of copyrights and trademarks and the law which empowers them to undertake appropriate actions to curb this menace. We need to have regular interaction with authorities and keep them abreast about the latest developments and training in this space. The major fallout sensed by me when interacting with the authorities is that they feel once brands get their complaints registered, they don’t adequately support the further process of answering notices or attending Court dates. This to a large extent can be controlled by being vigilant to all requests related to complaints received from the authorities and providing them prompt support so that they are also not caught off guard before the Courts. Lastly, regular checks in the market and follow up actions on enforcements already conducted can help mitigate this evil to a large extent.      

    Given your background in handling regulatory matters, could you share some insights into navigating the complexities of compliance in industries with stringent regulations, such as food safety and legal metrology?

    All industries today are bound by numerous applicable laws, rules and regulations and strict compliance is not only the need of hour from regulators perspective but also from a perspective of maintaining good business hygiene. Firstly, we need to set up separate teams to look after the food safety and legal metrology compliances. They need to regularly conduct training at the ground to ensure awareness about the compliance requirements. Having said this, regular checks on the already compiled parameters need to be maintained to ensure non-expiry or any additional requirements that are required to be met. Constant tabs on the daily regulatory updates need to be kept so that the same can be promptly synced in with the business activities to avoid any actions from regulatory authorities by way of combining actions etc.

    Your role involves coordinating with law enforcement authorities and external stakeholders. How do you effectively manage these relationships to ensure swift action against counterfeit activities while maintaining a positive rapport?

    A4. Strong coordination and regular liaising with law enforcement authorities can take you a long time in initiating swift actions against the counterfeit activities. The most effective way to handle this is to always be prompt and responsive to any support being sought from the authorities, whether understanding the law, conducting regular training, providing them prompt responses to notices which ultimately aids in timely filing of chargesheets. Once the authorities develop confidence that proper support has been provided, they equally support in nabbing down the counterfeiters. Basically, it’s two-way traffic and to foster a positive roadmap to curb this menace, we need to be transparent and responsive to each other’s requirements.

    Could you elaborate on your strategies for identifying brand-specific threats and formulating proactive brand protection measures, especially in an increasingly digital landscape where counterfeiting is rampant?

    This requires a multifaceted approach. Here are some strategies: 1. Monitoring and Surveillance – employment of advanced tools and services such as keyword monitoring etc to track online mentions on social media and e-commerce platforms 2. Collaboration with Online Marketplaces for reporting counterfeit listings and consequent takedowns 3. Legal Measures to actively monitor infringements and take legal action against counterfeiters to protect brand’s goodwill and market share 4. Consumer Awareness to identify genuine products and distinguish them from counterfeit ones; provision of information on official websites and packaging about authentication methods etc. 5. Supply Chain Transparency and Security– to prevent unauthorized access to products or intellectual property. Implementation of technologies such as blockchain to track and authenticate products from manufacturing to distribution 6. Dedicated Brand Protection Team to work with specialized professionals that have expertise in identifying and combating counterfeit activities 7. Engagement with Law Enforcement– to investigate and prosecute counterfeiters 8. Continuous Improvement and Adaptation– regularly review and update the brand protection strategies to stay ahead of emerging threats and technologies used by counterfeiters.

    In your experience, what are some key considerations when devising litigation and brand protection strategies for corporate entities, and how do you ensure alignment with their overarching business objectives?

    When devising litigation and brand protection strategies, several key considerations should be taken into account: 1. Intellectual Property Portfolio Assessment including trademarks, copyrights, patents, and trade secrets 2. Risk Assessment to evaluate the potential risks and vulnerabilities faced by the company, including threats from competitors, counterfeiters, and unauthorized use of intellectual property; assess the likelihood of litigation and the potential impact on the company’s reputation, market share, and financials 3. Proactive Monitoring and Enforcement to detect and address instances of infringement, counterfeiting, and unauthorized use of the company’s intellectual property 4. Litigation Strategy Development that aligns with the company’s business objectives and risk tolerance; Factors to be borne in mind include strength of the company’s intellectual property rights, the nature of the infringement, the potential costs and benefits of litigation, and the likelihood of success in court 5. Alternative Dispute Resolution such as mediation or arbitration, as cost-effective alternatives to litigation 6. Continuous Evaluation and Adjustment of brand protection and litigation strategies and make adjustments on a need basis depending on changing business conditions, legal developments, and emerging threats.

    Can you share a memorable case or project where you successfully mitigated risks related to thefts, frauds, or process violations through timely legal intervention? What were the key factors contributing to its success?

    There was a huge theft and shrinkage of materials at the warehouse of a large corporate house wherein prime suspects were internal and contractual workers. A thorough enquiry was conducted, and an FIR was registered. Thereafter with promptness of Police officers and liaising with the legal team, the Police filed a chargesheet before the Court. This enabled the Company to recover the losses through insurance in a time bound manner. 

    Drawing from your journey and expertise, what advice would you offer to fresh law graduates aspiring to specialize in brand protection and litigation counsel roles?

    Fresh law graduates aspiring to specialize in brand protection and litigation counsel roles should foremost develop a strong foundation in IP Law and have a solid understanding of trademarks, copyrights, patents, trade secrets, and related areas of law. They should seek gaining as much practical experience as possible by way of internships, clerkships, or entry-level positions at law firms, corporate legal departments that specialize in intellectual property law or brand protection. Effective brand protection and litigation counsel needs strong research and writing skills to analyse complex legal issues, draft legal documents, and advocate on behalf of clients. Attend industry events, conferences, and networking opportunities to connect with practicing attorneys, legal professionals, and industry experts which helps to stay Informed about industry trends and developments. Most important in this field is to stay ethical and strictly professional in all enforcement related interactions. Integrity and ethical conduct are essential qualities for success in not only the legal profession but any field of work.

    Get in touch with Akanksha Khanna-

  • “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what motivated you to pursue a career in law, particularly specializing in areas such as consumer protection, banking disputes, and money laundering prevention?

    The idea of arguing in a court of law fighting for justice for the client appealed to me. It is a powerful profession wherein the work you do can have a huge impact positively on others as well.  The judgments which are rendered by the courts have the potential of having an all India impact and it gives a sense of satisfaction. 

    Your work has had a significant impact on consumer rights, as seen in numerous landmark cases handled by you.  What inspired you to champion the cause of consumer protection in your legal practice?

    When you are taking up cases for consumers against a service provider which are large corporate entities , you are essentially fighting for the weaker party against a stronger party having superior bargaining power. The service providers  have more financial resources at their disposal and often engage the best of lawyers and have the best in-house legal teams,  thereby making it tough for consumers to get speedy and good quality of  justice. This is one of the reasons why I take up cases for consumers. It is a challenge  to fight cases against a party with more financial strength. 

    With your expertise in navigating complex legal frameworks like the Prevention of Money Laundering Act, could you shed some light on the challenges and strategies involved in handling such cases effectively?

    The only strategy is to go fully prepared to court on facts as well as law for each and every hearing and avoid taking unnecessary adjournments. Completion of pleadings in time is another important aspect. If one has completed the pleadings in time and one is  fully prepared to argue, the bench also appreciates it and it creates a positive impact on the court. 

    You’ve been involved in several high-profile cases that have garnered attention from the press. Can you share any insights or lessons learned from these experiences that have shaped your approach to legal advocacy?

    The lesson learnt is that a laid back attitude is to be avoided and one has to be constantly alert and on one’s toes. Having an enthusiastic approach to work also helps. One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided. This helps in gaining the trust of the court. 

    The legal landscape is constantly evolving. How do you stay abreast of changes in legislation and judicial precedents to ensure the best representation for your clients?

    There are many good legal websites like Livelaw,  Barandbench and other newspapers which keep lawyers and the public in general  informed about the latest judgments being delivered by the courts. One must keep reading the articles published in these websites and newspapers to stay updated about the latest judgements and the development in law.  

    One of your notable achievements includes a Supreme Court judgment which laid down the law in favour of homebuyers’ rights overturning the earlier law which was against the homebuyers. Can you walk us through the process of advocating for such a significant legal shift and the impact it has had on consumer rights protection?

    One of the  landmark cases which I handled  was earlier the law. Once a homebuyer accepted possession or executed the sale deed/ conveyance deed, he would lose his right to claim delay compensation from the builder. I was a part of the  SC judgment where this law was reversed in the homebuyer’s favour where homebuyers’ right to claim delayed compensation even after accepting the possession or executing sale deed survives. This judgment was passed in view of the fact that in a consumer dispute the service provider has a superior bargaining power and it often bulldozes its way to get things done the way it wants which are sometimes prejudicial to the rights of consumers. Many service providers have a take it or leave it approach thereby leaving very little for the consumers to bargain on or negotiate with including unfair terms of contract. This judgment will change that. 

    Your career spans 14 years in legal practice. What have been the most rewarding aspects of your journey so far, and what challenges have you faced along the way?

    The most rewarding aspect is the fact that we get the opportunity to be part of judgments which have the potential of having an all India impact and positively affect and impact the rights and lives of  others.  The challenges are that sometimes delays happen in the adjudication of a case and clients get frustrated. This can be solved by appointing more judges and filling up the large number of vacancies in judicial offices. 

    As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law, especially those interested in specializing in consumer protection, banking disputes, and commercial litigation?

    The advice is to be patient and keep  working  hard. To be fair to your client as well as to the court. Go to court fully prepared for every hearing and be courteous to the court and put your point across forcefully but  in a respectful manner. Making incorrect statements on facts should be completely eschewed.  This will also help earn the trust of the court. 

    Get in touch with Chandrachud B-

  • “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share the journey that led you to pursue a career in law, especially considering your background and childhood ambition?

    I am from a backward district of Tamilnadu and I am one among the four daughters of my parents. Everyone opted for various professions, but interestingly, this profession attracted me more, even in my young days.  The reason might be that the Sub Court campus at my native is existing near to my school.  I was going to school everyday by watching the court campus, with the busy advocates roaming here and there with robes.  I was very eager to know more about it and lots of questions came into my mind and the same were clarified by my father who was a teacher by profession and the entire outcome was that this is the only profession where I could question anybody, however giant he or she might be. Further I found this profession makes one closer with human problems. I am fond of moving with people and would like to be surrounded with people always. The litigation area turned out to be a good option for me. This is the main curiosity that pushed me to choose this profession as my childhood ambition approximately from my 6th standard onwards.

    With 25 years of experience in law, what inspired you to specialize in labor, service, and writ matters, particularly in the high court setting?

    Yes… after choosing law as my career, I did not have any clear idea initially. But while studying the Constitutional Law and Administrative law as subjects, my mind was very much obsessed with various decisions of the Supreme Court and High Courts questioning the excessive actions or inactions of the Government and that had driven me to concentrate my work in the High Court.

    Founding a law firm, especially one like POLAX LEGAL SOLUTIONS, requires vision and determination. What motivated you to take that step, and what challenges did you face in establishing and maintaining it?

    Being a woman, I had to balance both family life and profession, though my family is a supportive system for me. Sometimes our presence is very much needed at home to take care of our elders, kids etc. My husband, Mr.Ramar is also an advocate on the criminal side but I wanted to establish a separate office, though he is very supportive to me in personal life and professional life. I felt the necessity of someone to continue my cases even in my absence to justify my Clients.  The same was felt by my friend, Mrs.Lakshmi. We both used to help each other in all our cases from drafting to arguing. This went well and we both realised our compatibility and thus the concept of a Law Firm was coined.  The Firm was conceptualised into reality in the year 2013. We both had the determination to continue the profession without any break and that was the main reason for the concept of this Law Firm.  It is also time to show our young woman advocates that persuasion and patience in the profession would make you withstand forever. We have to create our own path to success. Moreover, since it was my childhood ambition to become an advocate, I have never felt any stress or depression in my professional life. As we face different cases, dealing with each case needs to be addressed individually and so I feel refreshed in each and every case. In fact I enjoy working and I don’t see any difficulty in family life and professional life. So go by what your heart says and life is so beautiful.  

    As a founder-partner of a leading law firm, what are some key lessons you’ve learned about leadership and collaboration, especially in an industry that traditionally has been male-dominated?

    In fact, we don’t feel any difficulty in running the firm as all the junior advocates associated with us were more co-operative, helpful and played a vital role in running our Firm. Legal profession is basically a 24 x 7 job and all of us were ready to work even at midnight, if it is necessitated by considering the urgency of the case. In fact, we created an atmosphere of joining together, working together, growing together and celebrating together. It enhanced our personal relationship also. 

    Being recognized as the only law firm with women advocates as partners running for 10 years is a significant achievement. Can you tell us about the importance of gender diversity and inclusivity in the legal profession from your perspective?

    Of course, it is a male dominated profession. When I entered into this profession during 2000, the daily cause list consisting of the list of cases published in Madras High Court consisted of 95% of male advocates names. And there were only a handful of women judges at that time, though there were well performing women seniors were found at Madras High Court. But going by the years, this trend has now changed.  In fact, I had not considered any of my co advocates, either male or female, as my competitor. I felt myself as the competitor and hence I never felt that I am running in a race along with male.  But, the way male advocates and even male judges look at the woman advocates is absolutely discriminatory. I can put an incident, one Mr.X, who is a sitting judge now, when he was an advocate made a comment to me that “a woman from a good family will not come for this profession”. This did not resist me or my character, but it made me change my perspective towards him.  One more incident to be pointed out, one of the senior advocates, who claims to be a progressive thinker,  threw a question that “from where and how do you get briefs?”. I don’t think that he could have put this question to any of the male advocates ever.

    -as in all the fields, there need not be any discrimination between male advocate or woman advocate,  and it should be termed only as “ADVOCATE”. An advocate is an advocate and where does the question of woman advocate or male advocate arise? We both are doing the same work with the same effort and determination. Even today, the Judges used to identify by saying “woman advocate”. We don’t want to be identified and we are advocates as such. 

    You’ve had the opportunity to work with esteemed companies as clients. Could you share some insights into maintaining successful client relationships and handling high-profile cases effectively?

    The issues of the clients should be given much more importance from the time of discussion with them till explaining the outcome of the cases. It is also needless to say that we have to let them explain the exact disputes or issues they are facing. Then only we can advise them of the legal solutions and we should not blindly follow their words without substantiating documents. The right legal advice given by you will make the Clients have confidence with you, sometimes, the advice could be not to initiate any legal proceedings. The most important thing is we should not treat them as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation. To be precise, proper legal advice, and  transparency are the key to retain your clientele. 

    Considering your extensive experience, what advice would you give to fresh graduates aspiring to pursue a career in law, particularly those interested in practicing in high courts?

    If litigation is your option, then  be ready to undergo proper training under the guidance of a senior; Be ready to work for 24 x 7; Be ready to do all the work in office, either it is drafting, research work or clerical work; get updated with latest decisions in important cases of your area of practice; spend more time in reading either case papers or the decisions related to cases; Knowledge is power in litigation so get equipped; consider each and every work as an opportunity as each and every single work done during this period would be an experience for you.  

    Get in touch with Porkodi Karnan-

  • “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

    “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

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

    Could you please walk us through your journey from your early days in law college to becoming a Head of Legal at Thermax Limited? What were some of the challenges you faced when you first started your career in law, and how did you overcome them?

    I am a first-generation lawyer and the decision to pursue law was a completely personal call. From an early age, I developed a special interest in legal subjects. After completing my 12th, without any second thought, I was admitted for a 5 (five) year BA(Law)LLB course with North Bengal University, Department of Law. I was an active student during my law college days and used to take initiative and participated in all events including moot courts, sports, and cultural events. During the 3rd year, I developed a special interest in the law of Jurisprudence. As we had limited resources during our college days, digital education was far from reality during the late 90’s, we used to spend long hours in our law department library reading and preparing notes on various subjects.

    To begin a career in legal, the first challenge is to get into a decent chamber of a senior advocate. Those days legal had very limited career opportunities and being from a small town in Darjeeling District, West Bengal, there was no other option but to start practicing in District Court immediately post completing of LLB. I started my career as a practising advocate under the guidance of the late Shri. Sunil Sarkar, in Siliguri Sub-Divisional Court and Darjeeling District Court handling civil disputes related to properties, etc. In his chamber, I learnt the art of drafting pleadings, cross-examination and trial. To gain exposure on the professional front, in 2003, I moved to Delhi and started working with a Corporate Law Firm, Law Combine Advocates. During my Law combine days, I handled legal work for major MNCs and focused on litigation, commercial contracts, part of the M & A team, IPR and real estate. To have experience in the corporate side, In 2008, I decided to switch and joined a real estate company in Bangalore and gained experience in commercial built-to-suit arrangements. Thereafter, I worked with a FMCG giant heading legal for their export division, managing international contracts and disputes.

    In 2014, I moved to Pune and worked with an engine manufacturing company and in 2022 joined Thermax Limited as Head of Legal which is my current designation.

    For a fresh law graduate, the biggest challenge is where to start and how to start. I was fortunate enough that the Senior’s Chamber I joined at the beginning of my career, gave me a decent amount of work to handle. He used to guide me as a mentor. The more I worked, the faster I was able to get adjusted in this profession. During my court practice days, even when my matters were not listed before the Court, I used to spend hours sitting in open courts watching different proceedings, arguments made by the counsels, court observations, and verdicts. I also used to read a lot. I used to read the entire judgement, doing my research on different laws dealing with different subjects, going through old, executed contracts to understand the transaction and the issues to be addressed in those kinds of transactions. More I focused on work and learning; I realized all the challenges are dealt with over time.

    Transitioning from practicing as an advocate to assuming leadership roles within legal departments of corporations like Thermax Limited involves a significant shift. What inspired you to make this transition, and how has this journey influenced your approach to legal practice and leadership within organizations?

    This was not an overnight shift or transition. If you go through my career path the entire transition was step by step and with constant efforts. It was planned and executed accordingly. I believe if you can’t run then walk, if you can’t walk then at least crawl but keep moving forward. All the changes I made in my career are only with a view of learning new things which is very important for a lawyer. Shifting from a small sub-divisional court practice to a Delhi Corporate law firm practice is only for getting more exposure and learning. Similarly, switching from one industry to another during my corporate journey is also to gain experience and knowledge of different laws and practices applicable to such industries. This journey of continuous learning, curiosity, eagerness, and developing new skill sets brought me where I am today.  Therefore, I will say eagerness to learn new things, getting exposure to different legal areas, and curiosity to learn about different industries and applicable laws and practices, inspired me to make this transition. Another factor that inspired me to move from legal practice to a leadership role in corporate is to make an impact at a larger level. During practice days, I used to give my opinion and advice on a specific legal matter. I never learned how my opinions and advice impact or influence an organization’s culture and policies. With an intent to make an impact, bring a difference and influence all the stakeholders, I decided to move to a corporate leadership role to use my experience and knowledge to make a positive impact on the business and organization practices. Over the period, while working in different formats, and handling different kinds of legal issues, I realized that legal practice is too wide and large. The more I learned about one area, there are several other new areas came up for further learning. My exposure to different formats and working in different industries contributed a lot to my development as a lawyer and made me adequately competent to handle any kind of legal issues or at least know how to find a solution for an issue not dealt with in the past.

    Your profile highlights your expertise in areas like Mergers & Acquisitions, Contract Management, and Litigation & Arbitration. Among these, which aspect of legal affairs do you find most engaging or challenging, and why?

    It all depends upon the complexity of a matter which makes it challenging. I have come across several complex M&A transaction structures, high-stake commercial contracts and complex litigation and arbitration which were too challenging and engaging. Hence, it will be unfair to claim any specific area as engaging or challenging as all the areas are complex, vast, and challenging. Even if you insist on naming one area then considering the nature and complexity of the dispute, sometimes I find managing Litigation and Arbitration is most engaging and challenging. For handling and managing litigation, one must consider all applicable laws, specific sections, various court precedents, and all facts and documentation involved in the dispute. Though the general perception is that litigation & arbitration are handled by external counsels, however, to enable the external counsel to effectively handle any litigation and arbitration, it’s an in-house counsel who provides all the briefing and documentation related to the case. A minor miss can have a major impact on the outcome. Managing legal expenses, while expediting the proceeding is another challenge in litigation and arbitration.

    You’ve been recognized with multiple awards and accolades throughout your career. Can you share a particularly memorable achievement or recognition that holds a special place in your heart?

    All achievements and awards are special for me as they came at different times in my career. The recognition that I receive in-house has a special place in my heart as it shows that my work is making some impact on the business and it’s a direct recognition from my internal stakeholders. Also, the team awards that I have received till date are also very special for me. In the past, I have received team awards as “Best Support to Business Initiatives”, “Most Innovative Legal Team of the Year” and “Best Enabling Function”. All these team awards represent that we as a team are able to provide effective support to our businesses and in return we have been acknowledged and appreciated. But to answer your question, The “Best Enabling Function” award received during the first year of my job with Thermax holds a special place in my heart as I was new in the Organisation and was building an impactful relationship between the Legal Department and Business.

    In addition to your professional achievements, we’d love to know more about your personal interests and hobbies outside of the legal realm. How do you unwind and rejuvenate after a busy day at work?

    I like to participate voluntarily in teaching activities, especially teaching underprivileged kids. I have been associated with a few non-profit organizations and I like spending my weekends helping these NGOs with different activities from teaching to helping the students in getting prepared for their next level of academics and career.

    Listening to music and playing guitar have been my favourite pastimes to unwind myself after a busy day at work. In the past, I had our band with a few of my friends and we spent our free weekends and holidays performing at open clubs. I love to attend music concerts and shows.

    When I feel tired after months of work, I like to unwind by long cross-country drives with my family to places I have never visited, exploring everything about that place from their culture to their staple diet. Talking to unknown people is an immense pleasure and a beautiful experience.

    Given your extensive experience, what advice would you give to the current generation aspiring to pursue a career in law? What skills or attributes do you think are crucial for success in this field today?

    For the current generation, my advice is that there are a lot of opportunities in the legal domain. Over the years, different forms of practices have developed. There are different legal areas to excel and specialize in and a lot of learning opportunities around. Students who are still pursuing law, please take your moot courts and court visits sincerely and develop a habit of reading. Law is not as easy as it seems to be and for every lawyer, it is important to learn something every day. A lawyer should always have a room for learning. Understanding a law and implementation of law are two different things so take advantage of every real-life internship you can, so you can figure out what kind of lawyer you wish to be.

    It’s my request to young guns, please develop a habit of reading and keep learning new things. There are no shortcuts in the legal profession. Online updates and snapshots are okay to get the update but please don’t miss to read those new laws, latest landmark judgements, articles, etc. Have patience, good things take time. Nobody achieves success, knowledge, and experience overnight. All these things take time and constant effort, and hard work will take you to the right places. Don’t expect immediate results in our profession and always remember that your today’s action will have a reaction after a few years. Be humble, meticulous, and good in your research and analytics.

    Given your experience in handling litigations and arbitrations, what do you believe are the critical factors for successful dispute resolution, especially in today’s dynamic business environment?

    The knowledge of Business and Law is very important for a Lawyer in today’s dynamic business environment. Unless we have exposure to both we can’t take the best foot forward and guide our Organisation. Dispute resolution requires you to have a win-win approach for the Organisation. You can’t be too stringent on your approach and have a balanced view of the dispute that is in hand. Be meticulous and have the eye of an eagle regarding attention to detail. An active and effective collaboration between legal and business is of utmost importance for successful dispute resolution. Any dispute can be handled based on evidence on record; therefore, strong documentation and record keeping are of utmost importance to resolve any dispute successfully. There should be a problem-solving approach to resolve any dispute, it will save lots of cost and time for both sides. Timely resolution of disputes is another factor to be considered. In most of the disputes, the purpose of getting into dispute resolution frustrates if it is not concluded in a time bound manner.

    You pursued management development programs from IIEM in 2017 and IIM in 2019. What motivated you to undertake these courses, and how do you believe they have contributed to your growth as a legal professional? Additionally, what are your thoughts on the importance of continuous learning and further education, such as pursuing masters or other specialized courses, in the legal field?

    Opting for courses from IIEM and IIM is part of my continuous learning process.  Through these courses, I have improved my knowledge and exposure to international trade laws as well as improved my leadership skills. Continuous learning and further education are very important parts of any professional, especially lawyers. Law is a dynamic subject and legal professionals need to be up to mark in all day-to-day changes and evolution in the subject. Continuous learning is the ongoing expansion of a person’s knowledge and skill sets. It is not only for the development of new skills and knowledge but also for reinforcing what has been previously learned. A lawyer or legal professional needs to pursue higher education and specialized courses to adapt to changing legal trends, stay competitive and deliver exceptional services. By actively pursuing higher education and specialized courses, legal professionals can refine their skills and position themselves as leaders in their respective practice areas.

    Throughout your career, you’ve undoubtedly encountered a wide array of legal challenges and victories. If you could go back in time and give one piece of advice to your younger self as you embarked on this journey, what would it be and why?

    Most of us desire to be accepted and liked, but the reality is that you can’t please everyone. It took years and years to get here, but knowing what others think doesn’t matter, disengaging from those who are not humble, practicing self-development and learning new areas of law are some of the best things I have ever done for myself. Do not seek validation in the form of other people’s opinions. Lead with kindness and treat people well. To be honest – don’t be afraid to speak your mind.

    Get in touch wit Amit K Das-

  • “Success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.” – Nadeem Murtaza, Partner at Amicus Demos

    “Success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.” – Nadeem Murtaza, Partner at Amicus Demos

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

    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. 

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  • “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

    “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey from studying mathematics to pursuing a career in law? What inspired this transition?

    After studying mathematics, I developed a strong analytical mind-set and problem-solving skills.  However, I realized my passion lies in using these skills to advocate for justice and navigate complex legal issues.  Inspired by the intersection of logic and law, I pursued a career in law to apply my mathematical aptitude to legal challenges, ultimately seeking to make a meaningful impact in society through the legal profession.

    As a criminal defense lawyer, you’ve handled a wide array of cases, including high-profile ones. What drew you specifically to criminal law, and how do you navigate the complexities of such cases?

    From an early stage, I was drawn to criminal law due to its dynamic nature and the opportunity it presents to defend individual’s rights and ensure fair treatment within the legal system.  In navigating complex cases, I rely on thorough research, strategic planning and a deep understanding of both the law and facts.  Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity.

    Founding “The Chambers of Amit Kumar” in 2007 marked a significant milestone in your career. What motivated you to establish your own legal practice, and what were some of the challenges you faced in the early stages?

    Founding ‘The Chambers of Amit Kumar’ in the year 2007 was driven by my vision to provide personalized legal services tailored to clients’ needs.  Motivated by a desire for autonomy and innovation, I sought to create a platform where I could pursue my passion for law while fostering a culture of excellence.  In the early stages, challenges such as building a client base, managing finances, and establishing credibility were prevalent.  However, through perseverance, strategic networking, and a commitment to delivering exceptional results, I overcame these obstacles and steadily grew our practice.

    Could you walk us through how you approach each case uniquely, considering the legal complexities and ethical considerations involved?

    I approach each case uniquely, recognizing that every situation has its own complexities and ethical considerations.  Just as jewellery cannot be crafted with pure gold alone, cases often carry inherent impurities.  I meticulously scrutinize these imperfections, strategically leveraging them to build a compelling defence.  By identifying and addressing these nuances, I aim to achieve favourable outcomes for my clients while upholding ethical standards.

    With extensive experience representing clients in various courts, including the Supreme Court and the Delhi High Court, how do you ensure effective representation while upholding the principles of justice and fairness?

    In representing clients across different courts, my focus remains steadfast on effective advocacy while upholding the principles of justice and fairness.  This involves thorough preparation, detailed discussions with clients, and adherence to ethical standards.  I prioritize understanding the nuances of each case and presenting compelling arguments based on law and evidence.  By maintaining integrity, respect for due process, and a commitment to equity, I strive to ensure effective representation that upholds the highest standards of justice.

    Advocating for causes such as the petition relating to marital rape demonstrates your commitment to social justice issues. What role do you believe lawyers play in advocating for societal change, particularly in addressing sensitive issues like gender-based violence?

    Lawyers play a crucial role in advocating for societal change, particularly in addressing sensitive issues like gender-based violence.  Similar to doctors, lawyers are often at the forefront of observing societal trends and have the opportunity to raise awareness about important social issues through their daily practice.  With this responsibility towards society, lawyers can leverage their expertise to challenge unjust systems, advocate for policy reforms, and provide support for victims of gender-based violence, ultimately contributing to a more just and equitable society.

    Handling cases involving fraud and corruption, such as the JBT recruitment scam and housing society scam, requires a deep understanding of legal intricacies. How do you navigate through the legal complexities of such cases while ensuring transparency and accountability?

    In navigating cases involving fraud and corruption, I prioritize a meticulous approach that combines through legal analysis with a commitment to transparency and accountability.  This involves conducting extensive investigations, research work, collaborating with experts, and presenting compelling evidence in court.  By upholding the principles of due process and ensuring transparency in all legal proceedings, I aim to pursue justice for my client.

    As someone with a significant breadth of experience in the legal field, what advice would you offer to aspiring law graduates who are just starting their careers, especially those interested in criminal law and social justice advocacy?

    My advice to aspiring law graduates interested in criminal law and social justice advocacy is to stay committed to continuous learning, develop strong analytical skills, and cultivate empathy for your clients and their communities.  Seek out diverse experiences, such as internships, pro bono work, and mentorship opportunities, to gain practical insights and build a robust professional network.  Never compromise with the ethical standards.

    Get n touch with Amit Kumar-