Sir, could you please share your journey of how you ended up becoming an Advocate-on-Record at the Supreme Court of India and a Principal Associate at Dua Associates? What motivated you to pursue a career in law?
The starting point of my journey with law was a matter of chance. During my school days I never imagined myself studying law, however, when I look back today, I think that joining law school was one of the best decisions which I took. I got through Gujarat National Law School, Gandhinagar in the year 2005 and started my journey in the profession in the year 2010 under the able guidance of Ratan Kumar Singh, Senior Advocate. Thereafter, I joined Kapil Sapra & Associates in the year 2012 where I dealt with multifarious works. Being a small set up, work was of different kinds, and the exposure there helped me understand the finer nuances of corporate commercial laws. In the year 2016, I joined Lakshmikumaran & Sridharan, where I dealt with high stake arbitration matters amongst others. Therefore, the exposure at this firm was of a completely different nature. In the year 2020, I joined Dua Associates as a principal associate and continue to work in this firm. I firmly believe that one must keep upgrading his skill sets to be relevant in the legal field. This belief led me to write Advocate-on-Record examinations and I cleared the same in my first attempt. I have enjoyed and learned immensely from different stints in the legal profession.
With a specialization in commercial/civil litigation, insolvency laws, and alternate dispute resolution, can you discuss a particularly challenging or significant case you’ve worked on? What lessons did you learn from that experience?
Every case presents a different set of challenges. Therefore, as a lawyer one must understand each case of its merits and treat the same accordingly. I started my practice with a strong foundation of civil, commercial and arbitration laws, which has helped me in dealing with other laws as well. With the advent of insolvency laws, the options available with the parties have increased manifold. Therefore, the first challenge which a lawyer faces today is to decide the right course of action in the given facts and circumstances. Whilst I have worked on various cases which have been challenging or significant, I have been recently involved in a matter before the National Company Law Tribunal, where I represented the financial creditor, in an application filed by the homebuyers, seeking to commence insolvency proceedings against a real estate developer, to which the financial creditor had lent money. Whilst the law is fairly settled, and in case the homebuyers meet the threshold and there is a default, insolvency proceedings should be commenced. However, I argued that the tribunal should not act mechanically and should see the financial health of the company, in addition to the intent behind the filing of the application by the homebuyers which can be fraudulent. I also argued that the interest of homebuyers who are not before the tribunal should also be considered before arriving at a final decision. The tribunal is yet to pass an order, however, this is significant because law is all about being creative within the realm of judicial precedents and legal principles.
As someone who appears regularly before various courts and tribunals, can you shed light on the dynamics of practicing law in different forums? How does your approach differ when dealing with cases in the Supreme Court compared to other fora?
Every forum presents a different set of challenges, and a lawyer should be flexible to deal with such challenges in case one intends to practice before a different forum. By flexibility I mean adapting to the situation at hand. A lawyer who regularly appears before a district court has a particular way of dealing with the cases, however, the same may not be applicable with higher forums. Similarly, a lawyer who practices before the higher forums, will find it difficult to practice before the district courts. That’s why a lot of lawyers choose forums and stick to it. My approach is different because I have been associated mostly with chambers and firms. I started with district courts, tribunals and gradually shifted to high courts and supreme courts, and therefore had the benefit of knowing finer nuances of various courts practice. The best approach according to me is to stick to the basics, i.e., mastery over facts, reliefs sought and an understanding of the forum where the matter is listed.
Given your extensive experience in handling commercial disputes and arbitration matters, both domestic and international, could you highlight some key trends or changes you’ve observed in the legal landscape over the years?
The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization. In addition, the legal profession is also moving towards a multidisciplinary approach, where there is an integration of legal services with other disciplines, such as technology, finance, and business. The areas which have seen significant change include information technology related laws, cyber laws, environmental law, arbitration law etc. In order to cater to the evolving laws and changing trends, a legal professional is required to be updated and focus on specialization.
Having dealt with cases across diverse sectors such as Oil & Gas, Infrastructure, Telecom & IT, Banking & Finance, etc., how do you stay updated on the intricacies of different industries? How important is industry-specific knowledge in your field?
It’s very essential for a lawyer to be updated with latest legal developments and changes, especially in the areas in which he/she works. The way in which I stay up to date is by regularly reading legal updates online and offline. These days there are various newsletters being issued by firms, organisation which contains useful industry specific updates. In addition, I also attend to webinars and conferences, whenever the time permits in order to stay updated. Industry-specific knowledge is very essential in my areas of practice since different industries have different styles of operation. For example, a banking and finance industry has a different style of operation if one compares the same with an oil and gas industry. Therefore, it becomes imperative for a legal professional to deal with every industry after understanding and analysing the basic difference. Once there is a clarity on the basics, one can deal with the issue at hand with ease.
What role does advisory work play in your practice? Can you share an instance where your advice made a significant impact on a client’s case or decision-making process?
Advisory assumes a great importance in my practice areas. Advisory does not only mean a written/oral legal advice, but it includes the day to day dealing with clients, and answering the queries, and extending support to them in the usual course as and when required. One of the opinions which according to me made a significant impact on a client’s case or decision-making process, relates to an analysis of attachment orders issued by district collector, pursuant to the recovery certificates issued by National Consumer Disputes Redressal Commission, and suggesting the future course of action. Pursuant to our thorough analysis and opinion, the attachment orders were quashed and the same was a big relief for the clients.
With over 13 years of experience in the legal field, what advice would you give to fresh graduates aspiring to pursue a career in law, considering the evolving nature of the legal profession? What qualities or skills do you believe are crucial for success in this field?
My advice to a fresh graduate aspiring to pursue a career in law is to focus on the basics first. One can excel in the field and do specialization only if the base is strong. Secondly one has to be humble and have a humane approach. The legal profession is a noble profession wherein we have to deal with various human beings on a daily basis, therefore being humble is very essential. In addition, being sincere and meticulous also helps a lawyer in the long run. Also, having a commercial bent of mind is also important for a lawyer, especially for lawyers who deal with commercial disputes, arbitration, insolvency, corporate laws, and others. Constant upgradation of skill set is also required for a lawyer who wants to succeed in the legal profession. Lastly, one must be solution oriented and should have clarity of thought. This can only come through continuous learning and adapting to the situation at hand.
Can you share the journey of how you decided to pursue a career in law, especially with a focus on Government Litigation ?
Firstly I would like to thank Superlawyer for this interview and convey my deep appreciation for their endeavor. Law graduates would find my insights useful while planning their professional journey.
Being the second generation lawyer, law was the obvious choice as I have been watching my father attending court. Also the fact that law is one such mechanism which touches human lives .It is one such avenue which can bring about positive changes in this inequitable world.
I got through the National Law Institute University , (NLIU) Bhopal in 2007.I started my practice at Allahabad High Court. After the elevation of my father as a High Court Judge, I shifted to Delhi to practice at the Supreme Court in 2013. One does not start with government litigation in the formative years . I landed with ‘government panels’ after spending considerable time in private practice. By God’s grace , I have been continuing the work for the past many years before the Supreme Court and different tribunals across Delhi. It’s indeed a privilege to be part of a competent team of government lawyers where I get to work on complex and high profile cases. I have gained considerable experience while representing State Governments and Corporations.
With extensive experience in dealing with both State Governments and Corporations, can you highlight a particular case that has been the most challenging or memorable in your career so far?
I have been extremely fortunate to have worked on a wide range of cases.While every case I argue is close to my heart , but the one that stands out is the service matter in which I appeared as a standing counsel on behalf of the Delhi Transport Corporation before Delhi High Court. An Employee had resigned after rendering 29 years of service.The court was inclined to grant relief on equitable ground. I could successfully convince the court that the word “resignation” and “voluntary retirement” cannot be used interchangeably in the case of an employee and thus not entitled to retiral benefits.
Another satisfying case has been of a gazetted government officer wherein I was able to secure the quashing of criminal proceedings as well as divorce under Article 142 of the constitution from the Supreme Court . There were multiple cases lodged by his wife in different districts.
I have had the opportunity to assist the Senior Advocate/Advocate-on-Record(s) in several high profile cases like CBI autonomy ,Triple talaq Article 370 etc to name a few.
How did your academic background shape your perspective and approach towards practicing law?
Apart from my legal background , I believe my law school NLIU played an important role in shaping my personality.Be it moot court participation or time bound completion of research papers involving rigorous research or internships with top law firms have all contributed to my professional growth . The interdisciplinary approach taught there has also enabled me to develop a broader perspective which is helping me to diversify my practice .No wonder , I never found any hurdles in adapting to the distinct practice culture of the Supreme Court after shifting to Delhi from Allahabad (now Prayagraj) in 2013. I cracked the Advocate-on-Record (AOR) exam in my very first attempt in 2019.
It has been an enriching experience to represent the Government of India ,Uttar Pradesh and Uttarakhand before the Supreme Court of India. I also appear before different High Courts like Allahabad , Chandigarh etc frequently.
You have an LL.M. in Cyber Laws and have published articles in prestigious journals. How has the specialization in Cyber Laws influenced your practice, and what challenges do you often face in this dynamic field?
After some years of practice, I wanted to pursue post-graduation However it was not possible to leave active practice and pursue studies. Coronavirus Pandemic provided me an opportunity to pursue a two year masters’ program in Cyber Laws from School of Law and Legal Studies, Guru Gobind Singh Indraprastha University [GGSIPU], Delhi. These two years not only gave me invaluable insights, but also provided me with an alternative perspective that is going to benefit my career as a lawyer.
E-commerce in India is moving forward by leaps and bounds. With it , there are bound to be cyber crimes.We all have seen critically acclaimed web series ‘Jamtara-Sabka Number Ayega’ where the phishing, a type of cybercrime, is undertaken in an organized manner by the village teenagers . I believe that the role of Artificial Intelligence (AI) in the realm of cyber security looks promising.The challenge remains to be seen in respect of effective implementation of AI systems given the fact that such systems are going to be trained in safeguarding data.
As an Advocate-on-Record, you’ve appeared before various courts and tribunals, including the Supreme Court and High Courts. Could you share some insights into the differences in presenting cases in these forums and how you navigate through them?
I believe the approach varies from court to court.This is due to the fact that the jurisdiction of each court is different . For instance, the Supreme Court is not only the highest court of the land but also the final court of appeal.This mandates lawyers taking a different approach which one would not take before High Court or Tribunal(s). It is like identifying the error committed by Court /Tribunal below and presenting it in a limited time frame before Supreme Court judges. The case with the High Court(s) is different as lawyers have the liberty to argue at length.
Practice in Trial courts involve more procedure laws while Higher courts involve mostly appellate or writ jurisdiction dealing with legal issues relating to substantive law. Facts are the main weapon of choice before the Trial courts while Higher courts deal with nuances of law.However, I would add a caveat. Facts are the backbone of every case irrespective of courts involved and lawyers should always be well versed with them .If left to me , I would say that every case is decided on the facts and law helps in unearthing the truth and reaching at the correct conclusion to promote justice.
Given your interest in writing articles and being invited by universities to judge legal events, how do you balance your advocacy work with these academic pursuits, and how do they complement each other in your professional growth?
Being an Advocate actually provides the satisfaction of directly representing the ‘aggrieved’ before the court. Whereas writing legal articles or mentoring law students reflect my commitment of giving back to the legal fraternity.
Both Advocacy and Academic pursuits might be distinct but they are essentially complementary. Writing articles or mentoring allow me to engage with burning legal topics on a broader scale. It provides me a platform to share my knowledge
and insights with my peers. It would be wrong If I don’t admit that writing brings about an in-depth understanding of the legal principles. Meeting ‘like-minded’ professionals is another advantage.
Thus balancing practice with academic pursuits is challenging but immensely fulfilling.
You’ve worked with different government bodies, including the Government of India and various state governments. What unique challenges or considerations arise when representing government entities compared to private clients?
I have been appearing before the Supreme Court of India , Delhi High Court, NCLT, NCLAT, and NCDRC. With over a decade of experience, I personally feel that the case of Government bodies is often strong legally but lacks either professional advice or proper representation. For instance, crucial evidence is not adduced or documents vital for adjudication of the case are not annexed before the Court/Tribunal(s) .Such instances have led to the dismissal of cases before Supreme Court having financial ramifications.
When entrusted with a case , I try my best to go through the records thoroughly and ensure superfluous claims are nipped in the bud and genuine claims, if any , remain for adjudication. Professional fee offered by the Government bodies is although meager but the volume of cases give consistent opportunity to appear before the Courts which enhances one’s nuanced understanding of law , not to forget court craft.
Private clients on the other hand approach lawyers after taking painstaking research about the reputation one enjoys in the market. I found such clients smart and attentive. But the problem crops up when it comes to managing their
expectation especially at a place like the Supreme Court where the dismissal rate of cases is high at the admission stage.
I have been fortunate enough to get the best of both worlds. It has been so far a transformative experience that has broadened my horizons and equipped me with the skills necessary to handle extremely challenging propositions.
As a Managing Partner of Avika Law Offices LLP, and with reported judgments to your credit, what advice would you offer to law graduates entering the profession, particularly those interested in government litigation ?
My journey from a law student to Managing Partner of Avika Law Offices LLP has been a rewarding experience. I would urge law graduates aspiring to enter this dynamic profession to look for good mentors. It is extremely important to have a good chamber in initial years which lays down a strong foundation. Embrace lifelong learning considering the vastness of law as a discipline. Constant updation is sine qua non .Go for additional qualifications to hone skills .There are no shortcuts in this profession. Always uphold integrity.
Lastly, frequent interaction with peers and legal professionals is a fruitful idea as
It provides both guidance and opportunities in the profession.
Can you share some insights into your journey in the legal profession and how you decided to specialize in dispute resolution, particularly in areas such as arbitrations, insolvency, and regulatory practice?
Being the fourth-generation lawyer in a family of reputed criminal lawyers, it was clear that I will build my career in dispute resolution. During internships at various prestigious law firms in Delhi, I had the opportunity to work in various areas of practice in litigation, including Arbitrations, Company Law and Securities Law, which eventually opened new horizons for me. I began to realise that with increasing tribunalisation and diversification of the legal field, one cannot have a short-term vision. I believe that in our legal profession, initial three to five years are most crucial for self-development and therefore, in order to gain as much practical exposure as possible in my initial years, I ventured in all practice areas by associating with senior professionals specialising in different areas like Civil Trials, Company Law, Arbitrations, White Collar Crimes, Telecommunication Law, Electricity Law, Securities Law, Service Law and Constitutional Law.
You have extensive experience representing clients in various high-profile cases before different courts and tribunals. Could you highlight a case that you found particularly challenging or rewarding, and what lessons did you learn from it?
Many of the cases, argued by me, have been widely reported by news and legal journals, ranging from landmark judgments in Arbitration, Insolvency and Commercial Law issues to the judgments granting bail in Delhi Riots case and establishing the principle that ‘holding weapon is not a fundamental right’. I have worked on numerous high-profile cases, including those involving leading FMCG companies, real estate developers, hospitality group, electricity transmission cos., 2G spectrum allocation trial proceedings, challenging constitutionality of provisions of Companies Act, as well as cases related to SFIO, EOW, ED prosecutions involving hundreds of crores, and SEBI and FEMA violation cases. Each of these cases has been a different learning experience, particularly, in forming strategies to build the case in a manner that achieves the desired relief.
I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly. With time, I have also learned the importance of identifying the “fulcrum of the case”, that one crucial point in the brief around which the case needs to be built. Proficiency in drafting and research is invaluable in devising the right strategy. However, it’s important to emphasize that in my philosophy, I do not discriminate between cases or compromise my level of commitment based on factors such as monetary value or property valuation, or the stature of the individual / organisation involved.
Your career includes handling SFIO, EOW, ED prosecutions involving hundreds of crores and SEBI and FEMA violation cases. How do you navigate the complexities of economic offences and regulatory issues while dealing with such cases?
I have handled economic offences, regulatory violation proceedings and white collar crimes ranging from alleged Ponzi Schemes to alleged manipulation of accounts, incomplete disclosures to regulatory authorities and the 2G spectrum allocation process, where the alleged quantum is in multiples of hundred of crores based on initial investigations., These cases are unique as they require an understanding of accounts, commercial law, criminal intent and ultimate loss or injury caused. Additionally, one must gauge the aggrieved party’s nature of loss or injury caused and accordingly analyse the case. When representing clients in such cases, I adopt the simplest approach of assuming the client is placed at the weakest point and start self-questioning regarding the alleged act as presented, level of involvement shown, possible intent and natural consequences or repercussions on others as well as on the client.
Having worked with various senior advocates and legal luminaries, how has that shaped your professional growth and influenced your approach to legal practice?
In the past 16 years, I have been fortunate to work closely with many legal luminaries, senior advocates, namely Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Sudipto Sarkar, Mr. Amit Sibal, Mr. Amarjit Singh Chandhiok, Mr. Dhruv Mehta, Mr. Neeraj Kishan Kaul, Mr. Arvind Nigam, Mr. Ashwini Kumar Mata, Mr. Mohit Mathur, Mr. Vikas Pahwa, Mr. Tarun Gulati, Mr. U.K. Chaudhary and my mentors Mr. Meet Malhotra, Mr. Vivek Kohli and Mr. Sumeet Pushkarna.
From my interactions and close work with all these respected senior advocates, I have learned that one must be a master of the facts of their brief. The entire facts, pages and interconnection of different documents must be mapped in your mind so clearly that you can anticipate the questions from the Bench and opponents and be ready with references in the case file instantaneously. While arguing in Court, you cannot leave grip of the facts because sometimes, you need to frame the argument thinking on your feet. Clarity of thought while preparing the case and explaining the case or arguing in Court is the most crucial aspect to be learned.
You have worked with government departments such as the Central Government, State Government, departments like Delhi Electricity Regulatory Commission, Delhi Transport Corporation, Delhi Jal Board, Employees’ Provident Fund Organisation. How has your experience with these government bodies influenced your approach to handling cases and managing client expectations?
Working with Government Regulators and Departments has been an enriching experience for me. I have had the opportunity to handle a variety of issues, ranging from defending constitutionality of Acts / Rules / Regulations to defending discretion in approvals, licensing, allotment of tenders, as well as intent and implementation of policies & schemes and also dealing with service law related issues.
Being a government lawyer is a position of utmost responsibility. It requires careful handling of confidential files and also defending executive actions, each of which is taken after detailed deliberation and approvals at different levels within the concerned department and ministry. I must commend government departments for their diligence in adhering timelines granted by Courts for preparation of pleadings or compliance with any interim or final decisions. In recent times, government departments have significantly ramped up recruitment of legal officers, leading to an overall improvement in case management at departmental level.
As an Advocate-on-Record with a significant presence in the Supreme Court, could you share some insights into the dynamics of presenting cases before the highest court in India? How do you approach advocacy in such a distinguished forum?
As an Advocate-on-Record, when filing pleadings or presenting cases before the Hon’ble Supreme Court, it is paramount to be thoroughly knowledgeable about the subject matter of the case. Being well-read extends beyond understanding the legal issues at hand, it also entails being familiar with judicial precedents and legal developments pertaining to the relevant statute.
The Hon’ble Supreme Court plays a pivotal role in the ongoing process of evolution of law, adapting to changing societal norms and refining legal complexities. This includes redefining principles of bail, fundamental rights, shaping jurisprudence of economic offences or commercial laws. Therefore, it is imperative to possess a strong foundation of legal knowledge when assisting the Bench.
Considering your extensive experience, what advice would you give to law graduates who are entering the legal profession today, especially in terms of specialization and adapting to the ever-changing legal landscape?
As I mentioned earlier, the initial three to five years in the legal profession are extremely crucial for professional development. Certain good practices, such as reading judgments, if cultivated since the beginning, prove invaluable in the long run. When I refer to “reading”, I don’t mean merely skimming legal news or excerpts of judgments available on various portals but reading the entire judgment – the original text.
Learning should not be confined to assignments alone. It’s only when you immerse yourself in reading and compiling research subject-wise that you can not only identify your areas of interest but also be well-prepared to adapt to the ever-changing legal landscape in any field of law.
Reflecting on your journey from ILS Law College, Pune, to your current position as a Founding Partner at Pransh Law Offices, what pivotal moments or experiences shaped your career in law and What inspired you to establish a legal practice in Chhattisgarh, and what unique approach does Pransh bring to the legal landscape?
My first encounter with Law was when I was an hour away from my higher secondary mid-term examinations at Symbiosis Junior College, Pune. I had received a call from my inconsolable mother, “Your father has been arrested”. I remember returning to my hometown Korba, Chhattisgarh after my exam and spending months going through the complex legal proceedings. It was then that I studied the law in detail and had a very many meaningful conversations with the lawyers. It took 4 months of hardships before he was discharged of all offences. I believe that’s when I found my true calling and joined ILS Law College in 2008.
At ILS, one had to be self-motivated in order to learn since the College did not mandatorily require anyone to partake in any activity other than attending lectures, which too, ended at 10 in the morning. This meant one had ample time to explore and identify one’s area of interest. I did a couple of internships in Corporate Law during the initial years, but it was my internship with a Senior Advocate in the Supreme Court in my penultimate year that made me realise that litigation was what intrigued me. Therefore, after passing out of ILS, I applied to a few law firms and Senior Advocates in Delhi to begin my career in litigation, however, nothing materialised and I was forced to start my career from my hometown in Chhattisgarh.
In Chhattisgarh, I realised that although opportunities abounded, the learning curve was slow and Seniors did not take particular interest in teaching the nuances of the law to a young graduate. As such, at the advice of my peers, I left my practice in a year and joined Tech Mahindra in their litigation team in Hyderabad. Tech Mahindra had just taken over Satyam Computers at that time, which meant, being involved in several high stake litigations to deal with. I enjoyed my time at Tech Mahindra but since the goal was always to gain experience and come back to Chhattisgarh, I left that job within a year; pursued a Master’s Degree from the National University of Singapore; and founded Pransh Law Offices in Raipur in July 2016.
At Pransh, we believe in keeping things simple. We ensure that our drafts are prepared on time and there are no unnecessary adjournments in Court. We thoroughly research the legal issue involved before giving opinions. We are polite, we do not overcharge, and we keep our Clients up to date with the developments in their matters. We are a team of 11 lawyers who stand shoulder to shoulder in pursuance of holistic growth. We also often collaborate with other firms/lawyers to ensure the best possible outcome for our Clients.
Having pursued your LL.M. in International and Comparative Law from the National University of Singapore, how has your international education influenced your approach to legal practice in India?
Studying at NUS for a year taught me to meticulously draft a legal document after extensive research. It helped me develop analytical skills, since at NUS, we were given reading material a week prior to lectures – where we were supposed to share our thoughts on the reading material. Other than that, the substantive law that I read there has not really helped me yet in my legal practice in India. In fact, a Masters does not really help in litigation, other than the skills one develops, and it is advisable only if academics is one’s calling.
As a seasoned legal professional, you have extensive experience in high-value commercial disputes and advising clients in various industries. Can you share some insights into the challenges and rewards of practicing law in the domains of DDUGKY, Mining, Construction, and Infrastructure?
In commercial disputes, it is important to know the business as much as it is important to know the law. These disputes are mainly governed by a Contract in writing, and therefore, a thorough understanding of the Law of Contracts is extremely important.
Early on in my practice, I got the opportunity to work on several low-stake commercial matters. Every matter had its own complexity where I made mistakes and learnt from them. Over time, it gave me the confidence to take on high-value commercial disputes; since there is no scope for making mistakes in high-value transactions.
One of the many challenges we often face in these domains is to quantify the damages that arise out of breach of the Contract. Courts, after Kailash Nath v/s DDA, have held that even Liquidated Damages have to be proved. Often, Clients – at least in a jurisdiction such as Chhattisgarh – don’t maintain their books of accounts properly to enable lawyers to quantify damages such as loss of profits and profitability. As such, a favourable Award / Order in such circumstances is always rewarding.
Pransh Law Offices covers a range of practice areas. Which area do you find the most fascinating or challenging, and why?
As a firm, my colleagues practice extensively in criminal and civil law; however, I personally don’t have the temperament to practice criminal law. As such, I stick to commercial disputes only.
The fascinating part about commercial disputes is that they can be settled; there’s a quietus to the never ending litigation. I think lawyers have a substantial role to play when it comes to settlement, as they are the ones who initially inform their Clients of the merits involved in the matter. An honest opinion can help litigants make an informed choice whether to pursue the matter in Court or settle.
Your time with the Global Litigation and Arbitration Team at Tech Mahindra involved handling diverse cases. Can you share an interesting or unexpected challenge you encountered during that phase of your career?
We were dealing with a litigation against Tech Mahindra in the Courts at Los Angeles, California, filed by a disgruntled employee who was sent Onsite from India. During discovery, we found documents against the employee; however, the legal costs, publicity, and risks of going through a jury trial forced us to settle the matter. It was then as an in-house counsel that I realised that litigation is not just about the law or proving who is right/wrong. There are many variables and considerations, such as costs, bargaining power of the parties involved, and attitude of the Presiding Officer of the Court, among others, that are to be kept in mind while dealing with a dispute.
Beyond your legal work, you’ve volunteered as a teacher with Make A Difference. How has your experience in community engagement shaped your perspective, both personally and professionally?
During my time at Make A Difference, I was tasked with teaching English to a Class of 4 Juvenile Convicts in a Juvenile Home in Pune. Professionally, it was obviously a very enriching experience since it was hands-on learning on how the Juvenile Justice Act worked. Personally, it was an experience that made me culturally sensitive and socially aware. These Juveniles were some of the smartest 10-year-olds I met who were also grateful for the learning opportunity. It made me trust the reformative form of punishment.
You’ve been recognized for your contributions. Could you share a bit about any notable publications you’ve authored or awards you’ve received, and what those moments meant to you?
I have not had the honour of receiving any of the prestigious legal awards.
My last publication was a result of a sleepless night during COVID-19 graciously published by Bar & Bench on Access to Justice in the State of Chhattisgarh, which can be accessed here:
Although it has been a while since I have done any legal writing, I believe legal writing offers a unique avenue for the expression of creative arguments; which unfortunately, legal pleadings do not provide. Legal writing fosters a dynamic and evolving dialogue within the legal community. I regularly read articles published on “indianconlawphil” and “indiacorplaw”. I can only wish that my practice affords me time to write such enriching articles.
As someone deeply connected to Chhattisgarh, how do you perceive the evolving legal landscape in the state, and what role does Pransh play in contributing to that evolution?
We have been making representations to the Government urging them to establish more Commercial Courts in the State as well as set up other Tribunals like DRT, NGT, and NCLT but to no avail. More Tribunals would mean more opportunities for Lawyers as well as access to litigants. It would also ensure the development of a Commercial Bar in the State, which is non-existent as of date. There is still a long way to go!
Beyond the legal realm, what are your hobbies or interests that bring you joy and relaxation outside of work?
General interests in movies/music aside, I went for a 7-day trek to Har-ki-doon a couple of years ago, which got me hooked on trekking. I make it a point to go on a trek during Court vacations in summer. It allows me to be completely disconnected, reducing the mental strain associated with information overload.
What advice do you have for law students and aspiring lawyers who are navigating their way through legal education and considering a career in law?
a) Politeness is an understated skill to possess; b) Don’t be arrogant, it reflects in Court, and no one likes to deal with an arrogant person – neither the judge nor the client; c) Try and make the job of the Court easier – submit brief written arguments with case compilations, whenever possible; d) Be patient, the learning process is slow; e) Don’t be hard on yourself.
Starting with the basics, can you share a bit about your journey into law and what inspired you to pursue a career in this field?
I started as a litigating lawyer with Mr. Vivek Chaudhary who was elevated as a HC Judge from Allahabad. Thereafter, I worked with Sr. Adv. Aman Lekhi for some time and went on to become an in-house counsel with CREDAI. Worked with CREDAI for a span of few years and realised that I could call myself a real estate lawyer. I got an offer from MAX subsidiary Antara Senior Living and joined Antara in 2021. I worked with MAX for two years and got an offer from an MNC to lead their real estate team in India. I resigned from Antara only to find out that the company’s culture is bad – hence, instead of finding another job, I ended up making MAYSS Partners with two other colleagues.
As the Founder of MAYSS Partners Law Offices, can you tell us about the ethos or guiding principles that define your law firm and set it apart in the legal landscape?
We wish to make a law firm that understands its Client’s business. Very soon, we will be taking up interns and freshers from Tier 3 colleges and try to give them exposure to good Clients and Courts in New Delhi
You transitioned from the role of Legal Counsel at Antara Senior Living to becoming the Managing Partner at MAYSS Partners. What motivated or inspired this transition, and how has your perspective on the legal profession evolved as a result of taking on a leadership role in your firm?
Honestly, it was never planned, it all accidental – A coffee meeting with my Promoter made me think if I should really work for a company that does not have very good intentions for its employees, I resigned immediately after the meeting and thanked the Promoter for being so honest on day one – Ended up making MAYSS Partners
As a Managing Partner, you lead a team of ten lawyers. What qualities do you look for in team members, and how do you foster a collaborative and productive work environment?
I honestly believe that everyone can learn and anyone can be trained. Therefore, the idea is to help young professionals from Tier 3 cities come to Delhi and Mumbai and learn the art of practice in these cities.
Given your expertise in regulatory compliance, what are some key considerations for businesses dealing with RERA, RBI, SEBI, IBC, and other relevant regulatory frameworks?
The only thing that businesses should bear in mind is that they cannot cheat the investors anymore.
Looking ahead, what are some trends or developments in the legal landscape that you find particularly intriguing or that you believe will shape the future of legal practice?
I think AI will bring in a massive change and it is high time that we start learning to use AI.
With your extensive experience, what are your thoughts on the dynamics of working as legal counsel compared to being a managing partner? How do you navigate the challenges and find fulfilment in these distinct roles?
In employment, you work for business teams who are your clients and the same goes for a law firm. As long as you are committed to solving a problem, it’s all the same.
For aspiring law students, internships are often pivotal in shaping their understanding of the legal profession. In your experience, what kind of internship do you believe is crucial for a law student, and what advice would you give on how students can make the most out of their internship experiences?
I think students must intern with good companies, law firms and lawyers. Students should learn how businesses are run and how do we reach out to the Clients.
Beyond the legal realm, what are some of your personal interests or hobbies that you find relaxing or rejuvenating?
I am trying to run five km every day. I love to cook and hang out with my family.
Considering your extensive experience, what are your thoughts on aspiring legal professionals choosing to intern or work with Tier 1 law firms as opposed to Tier 2 or Tier 3 firms?
How do you believe the choice of the firm tier can impact one’s career trajectory in the legal field? I think all three are important. Learning happens with all sorts of firms in different ways and means.
Can you share with us what initially inspired you to pursue a career in law, and how did your journey in the legal field begin?
My father who is a practising lawyer inspired me to become a lawyer. He believed that my analytical skills, command on languages and oratory skills would get me immense success in the legal profession. During my college days I interned with some of the best senior lawyers of the country and was mesmerised by their personalities and their court craft. I aspired to become a senior counsel one day and that’s why I started my career as a litigator. I started my career with my father but shortly thereafter joined the office of a young and successful lawyer in Tis Hazari District court. With my mentor and first boss I got the opportunity to work on some very high stake white collar crimes cases as off-counsels for tier 1 law firms. I was taking up my own matters as well as assisting my senior in his matters. After 4 years of litigation I felt I was stagnated as I had ready playbooks for all kinds of criminal and civil litigation and the cases progressed very slowly. I felt I should expand my horizons and learn a little bit about corporate legal work before I can decide which way to go.
At this time I got the opportunity to work in the legal department of a popular Indian mobile phone company (Micromax) where I got to draft,review and negotiate commercial agreements for the first time. During my two years of working with the said company I learnt immensely about business and the role of lawyers in ensuring good business hygiene. I would work directly with business heads of various departments and get to learn in detail about their respective departments. I understood the scale of legal operations that are there in big corporations and how to manage them using available digital tools. I also learnt how to get things done by making interpersonal bonds with people which I could never learn as a litigation counsel. Later, I started my own boutique law firm with a few of my friends from law college and started providing comprehensive legal services to startups in NCR including disputes resolution, general corporate, M&A, IPR, compliances etc. In the year 2022 I decided to finally start working on my long standing dream of starting my own business in legal-tech space and that’s when i incorporated my own company to develop a B2B legal tech SaaS platform under the brand name “TrueCounsel”
Versatility in Legal Practice:
Legal profession is more art than science and although I do believe in the importance of specialisation, I feel a good lawyer can do anything and everything. Many great lawyers choose to specialise in one area of law but if needed they can take up any kind of challenge. A lawyer who has the capability of representing a client before the Hon’ble Supreme Court of India, can also represent a client in an international arbitration, can also negotiate a high stake deal, can also become a politician, can become a great entrepreneur etc. The level of preparedness, meticulousness, foresightedness and oratory skills that are expected of lawyers, make us ready to take any challenges head-on and with ease. We are mostly performing and at best of our behaviour be it before a court or in a virtual meeting or even when casually meeting anyone in our social circle.
You have expertise in both litigation and corporate legal work. How did you find yourself navigating both these aspects of law, and which area do you find more challenging or rewarding?
I find myself navigating between all aspects of law quite smoothly. I believe good research is the key to do well in any area of law or business or technology. I like to take on challenging problems and solve them by sheer hard work. All areas of law are equally challenging and rewarding in my experience and I feel that I thrive under pressure. Whenever I feel that I have become comfortable and bored, I try to take on a new and bigger challenge for myself. Presently I am focussed on learning how to mentor and train the young generation of lawyers which is very different from my generation and becoming a good leader. Also I am facing the challenges of being a tech founder and running a highly competitive business which is very different from being a lawyer.
You mention a strong aptitude for managing large volumes of corporate disputes using the latest technology. How has technology played a role in your legal practice, and how do you see it shaping the future of dispute resolution?
The first time I started managing huge volumes of agreements, consumer disputes and recovery matters as an in-house legal counsel, I realised this was completely different from being a litigator. This was the first time I used Microsoft Excel with the help of my boss and second mentor who is also a Chartered Accountant. I understood the importance of using digital tools effectively in order to manage large volumes of data. I had been using technology for legal research during my litigation days already along with OCR tools for extracting data easily for drafting but beyond that I did not know much about the need of tech in the legal profession. This was the time when companies such as ProVakil, Vakilsearch, MyAdvo, Mikelegal etc. had also come up with the objective of solving major pain points in the legal industry using technology. These companies provided solutions for easy discovery of legal professionals, contracts workflow management, automatic updates on court cases, enforcement of IPR etc. This caught my interest immensely as I could see that any problem can be solved using technology and that India is booming with a tech workforce which can create any kind of tech very fast. During the Covid times, the necessity for incorporating tech in legal practice got highlighted and we saw fast advancement in this direction.
I feel that increased technological advancement in legal practice will create better opportunities for young lawyers, will lead to increased transparency, lower rates of disputes, faster dispute resolution, standardisation of legal fees and overall improvement of the legal system which directly impacts ease of business.
Could you share one or two experiences representing clients in high-stakes disputes that have left a lasting impact on your approach to legal representation?
During my initial litigation days and also when I was working as an in-house counsel, I got to work on some very high stake disputes involving foreign entities. I got the opportunity to work with foreign lawyers and I was highly inspired by their inquisitive approach towards understanding Indian law. I drafted memos and legal opinions which were then vetted by tier-1 Indian law firms and finally shared with these foreign lawyers and that taught me how to appreciate law from an outsider’s perspective. I became more critical and inquisitive about statutes and legal provisions. Also I learned the importance of strategising in detail at the very commencement of a dispute and factoring in all possible outcomes of every step well in advance so that you are never caught by surprise. It also taught me how to manage voluminous documents and data effectively in order to succeed in any dispute because more than law, the facts make or break a case.
Moving on to your current role as a Partner at Ortis Law Offices, what prompted this transition, and how has this role differed from your previous experiences?
When I merged my law firm with Ortis Law offices, I made a hard decision to stop doing everything and focus completely on corporate legal work. This decision was prompted by the need for specialisation. I had been doing everything that would come to me and even actively generating work in all possible directions but I realised that although this keeps me motivated, it is not very effective in many ways. I realised that once you have more than 10 years of experience, you must pick an area of law and focus completely on it while generating other work for your partners in the law firm. This creates a good structural foundation for scaling up your legal practice. At Ortis Law Offices I learnt how to be a good mentor and senior. Earlier I would expect a bit too much from my juniors and as a result would become very frustrated with them. This led to low motivation and a toxic environment in my team but my senior partners at Ortis Law Offices taught me how to keep your team happy and motivated and give them space to blossom. Also, while working with other partners at the firm I learnt a lot more about working with MNCs and big clients than I had in my earlier experience.
You’ve been involved in various acquisitions, funding rounds, and legal proceedings. Could you highlight a recent case or advisory role that stands out to you and share some key lessons or insights gained from it?
Recently I worked on the acquisition of a company undergoing financial distress wherein I had to represent the said company and its founders. At the same time I had to negotiate settlements with the creditors of the company. This was a very stressful and hectic project wherein I learned how to keep calm and stand your ground under tremendous pressure while representing the losing side in a transaction.
As someone with over a decade of experience in the legal field, what advice would you give to law students or recent graduates who are starting their careers in law? What lessons have you learned that you believe would be valuable for them?
My only advice to young law students and lawyers is to do as much freelance work as possible. I believe that while working with seniors or in a law firm structure or as an in-house lawyer one tends to have huge scope for error and a lot of cushion but when you freelance you are directly answerable to the client which teaches you professionalism at a whole different level. It teaches you how to value their time and provide the highest quality of services that you can.
Another important advice is that you must keep adding skills in your arsenal. The moment you stop updating your skills you become obsolete and redundant. I recommend that the young lawyers should use as much technology as possible while doing their research, drafting or any other work to increase efficiency and quality of their product and keep a lookout for the latest advancements in legal tech.
Reflecting back on your college days, could you share your journey from how you thought of doing law to your college days, and how did you navigate the transition from college to the legal profession, especially as a first-generation lawyer? What were the challenges you encountered, and how did you overcome them to establish your career?
I have always been my mother’s “brighter” child. When the time came for me to choose a career path, my mother casually suggested law. Being a first generation lawyer, I had no insights into the profession, its scope or its demands. In fact, I had absolutely no first-hand knowledge about the life of a lawyer, beyond what is depicted in television, movies and John Grisham novels. At that time, after I compared law to the other conventional career choices, being a lawyer excited me the most. As my curiosity drifted towards law, the decision was made. To be honest, when I look back, I think doing law was just a choice I made by chance. But almost 15 years later I can honestly say that it was one of the best choices I have made.
I studied law at Dr. RML National Law University and I am who I am today because of what my time in law school taught me. The five years I spent in law school were very internship centric. After the internships I did in my first year of law school, I realised that they gave me the practical exposure that law school did not. From my second year in law school, I started interning, every chance I got. While not taking away from the importance of academics, I truly feel that internships gave me first-hand knowledge about the profession. They exposed me to the practicalities and realities of a lawyer’s life.
Owing to my internship experiences, by the end of my third year in law school, I was quite sure that I wanted to start my career as a litigation lawyer.
My transition from college to the legal profession was smoother than I had anticipated it to be. Before I finished my last semester, I had job offers from two litigations firms. One offer I got was on account of a long internship I did at the firm and the other one was on account of an interview I gave while I was in my last semester.
In 2013, Lawctopus and Legally India posted several job openings. I remember I applied for the opening of an Associate at Arimus Law. I got an interview call. The interview was assessment based and not just an interaction with the Partner, Mr. Arjun Singh Bawa. A day before the interview I was sent a fact sheet and was told to prepare arguments from both sides. The interview was like a moot court competition. I argued my case and I got the job! It was one of the most exciting interviews I ever gave. In fact, even now, 10 years later, we still follow this assessment interview model while hiring at Arimus Law.
The only difficulty I faced during the transition was the choice I had to make between the two job offers. One was with a very reputed law firm and one was with a comparatively newer law firm. Not having a mentor in the profession to guide me in the right direction, this choice was a tough one to make. I weighed the pros and cons, as I knew them then, and took the decision to join the latter, Arimus Law. My decision was swayed by the fact that Arimus Law had more trial work.
During this roller coaster ride, the biggest challenge I encountered was not having a professional mentor who I could go to for advice and guidance.
You’ve worked with various renowned advocates and senior advocates. Can you share a memorable experience or lesson that significantly influenced your approach to legal practice?
I have been very fortunate to have got the chance to work with several renowned advocates and senior advocates. Every interaction with another lawyer has taught me something but the key learnings I have got over the years that I still keep in mind today are:
Put effort into your list of dates and synopsis. It might be the only thing a Judge reads before dealing with your case.
Pleadings can make or break a case. Draft crisply, there is no need for non-essential verbosity.
Master your brief. Don’t just read it, think about it, dream about it. Make the brief your story.
By failing to prepare, you are preparing to fail.
You’ve had a diverse and impactful legal career, starting as an Associate at Arimus Law and now being a Partner in the same firm. Can you share a memorable experience or case that has significantly shaped your journey as a lawyer?
While I was still in law school, my mother’s ancestral property in Delhi became the subject matter of litigation. I (and also my mother) strongly believe that this case has played a major role in making me the lawyer I am today. Being a property related dispute, it has a civil law angle, a testamentary law angle and also a criminal law angle.
When I was in law school my mother used to go and attend the hearings of this case before the Hon’ble Delhi High Court. Before each hearing I would have long conversations with my mother about what the case was listed for, what the lawyer’s strategy was, what could be the possible outcomes of the hearing etc. Whenever I was in Delhi for an internship or a break, I used to accompany my mother for meetings with the lawyer and for the court hearings.
The fact that I became a litigant before a litigation lawyer changed the way I deal with my Clients today. I make an effort to be more compassionate, empathetic, honest and available to my Clients.
It is also this case that enabled me to, very early on in my career, familiarise myself with the dynamics of a courtroom. What I have learnt about courtroom dynamics from this case is something that I benefit from, till date. Effective advocacy is so much more than just knowing the law. During the initial years of my career, the exposure I got from this case helped me bridge the gap between the theoretical world of law and the real-world courtroom dynamics.
This case is still pending adjudication and every hearing still teaches me something new.
You’ve been appointed as a Local Commissioner to record evidence in various Suits by the Ld. Judges of the District Courts of Delhi. Could you share some insights into this role and how it contributes to the legal process?
I’d like to start by quoting from the judgment of the Hon’ble Delhi High Court passed in Pushpa Devi Vs. Bimla Devi & Ors. (AIR 2000 DELHI 141) –
“…However sad as it may seem the reality today is that Suits do not reach hearing for a large number of years…Delay therefore defeats justice”
This judgement was passed over 2 decades ago but the situation unfortunately is still the same.
In my active practice before the trial courts in Delhi and on the original side in the Delhi High Court I have witnessed cases languishing for years at the stage of evidence. This is solely because of the sheer burden there is on the Courts these days coupled with the lack of infrastructure. I truly believe that the process of appointing local commissioners to record evidence in suits has considerably cut short the time a suit takes to become ripe for arguments.
You transitioned from an independent practice to becoming a Partner at Arimus Law. What factors influenced your decision to join the firm, and how has this shift impacted your approach to legal work and professional growth?
I started as an Associate in Arimus Law in 2013 and I worked there for almost 3 years.
During my time at Arimus Law, I got the chance to research, draft, participate in client meetings and appear before multiple courts in a day. Within the first 6 months at Arimus Law, Mr. Bawa gave me the opportunity to argue a matter that I had drafted and got filed before the Hon’ble Delhi High Court. One evening before the matter was listed, Mr. Bawa made me practice my arguments before him and the next date he sat next to me and told me to take the lead. Every day after I came back from Court, I had so many questions, about the law, about the procedure or about an argument I heard another lawyer make in Court. Every evening somewhere between 7 PM to 8 PM, Mr. Arjun Singh Bawa, my then boss (and now Partner) used to wrap up his client meetings and take a coffee/snack break. It was during this time that I used to go into his cabin and bombard him with all my questions and doubts. I still remember how he used to patiently answer all my questions and clear all my doubts. Soon this became a ritual. My time as an Associate at Arimus Law was enriching and very rewarding.
After about 3 years, I started feeling complacent at work and that is when I decided to quit Arimus Law and look for other opportunities. Over the next 3 years I worked at various other chambers and gained more experience.
In 2018, when I had a few clients and enough money in my account to make rent for six months, I decided to take the plunge and set up my independent practice. To be honest, it was very daunting at the beginning. There were many unsettling moments of self-doubt, unsureness and fear. But with God’s grace, luck and a lot of hard work, I think I was able to establish a successful independent practice. I never gave myself enough credit but when I survived the COVID 19 pandemic without having to give up my office space, I realised I had done something right.
After I started working independently, I collaborated with Arimus Law for a few matters. In the end of 2022, when we had come out of the pandemic, I began wondering, “what next?”. To my surprise, serendipitously, in the beginning of 2023, Mr. Arjun Singh Bawa offered me partnership in the firm.
The 2 primary factors that influenced my decision to take up this offer were the experience I had working as Mr. Bawa’s associate in Arimus Law and the collaborative work environment that a firm set up can offer more easily as opposed to independent practice.
The shift from being an independent (first generation) counsel to a Partner in a law firm has definitely made me more equipped. With the assistance of the exceptional team that we have built at Arimus Law, I am able to do more work without compromising on quality.
Could you share some insights into the challenges you faced in both roles? What were the unique challenges of working independently, and how have they evolved or changed since becoming a partner in a firm? How do you navigate these challenges while maintaining the high standards of legal practice?
The biggest challenge I faced as an independent practitioner was to acquire new clients. When I started my independent practice in 2018 I had a handful of clients. I remember the time when I had court hearings only 2-3 times a week. This was a tough adjustment after being an associate in chambers where I’d get to appear in multiple Courts in a single day. However, I used that extra time I got out of Court to work more extensively on my briefs and find ways to get my Clients favourable results. Eventually, over the years I was able to do some good work for my initial clients who then graciously recommended me to their friends and family.
At Arimus Law I work with 3 other Partners. Mr. Arjun Singh Bawa who primarily handles commercial and contractual disputes, Mr. Arjun Dewan who primarily handles criminal and medical negligence disputes and Mr. Arjun Mukherjee who primarily handles IPR and criminal disputes. Over the last 6 months, we have built a team of young, dynamic and very talented lawyers. I must say that it has been my absolute pleasure to have a chance to work with all the members of our team.
Learning to balance responsibility, not only as a lawyer but in other roles is a challenge I have faced in my current role as a Partner but I am enthusiastically learning how to be a good lawyer, a mentor, a leader, and a good team player, all at the same time.
You’ve revised the 16th edition of the Pollock & Mulla – Specific Relief Act, 1963. What motivated you to take on this task, and how do you believe this contributes to the legal community and practitioners?
I believe that the legal profession and academia are interlaced. I took up this task knowing that it will complement and enrich my legal practice by providing me with a platform to learn and grow.
I don’t know about others, but even today, in the age of the internet, search engines and legal research tools, whenever I come across a provision of law with which I am not completely familiar, I look up a commentary to find the starting point of my research. I sincerely hope the revised edition of the Pollock & Mulla – Specific Relief Act, 1963 helps members of the legal community familiarize themselves with the Specific Relief (Amendment) Act, 2018.
Apart from your legal pursuits, you’ve trained in Bharatanatyam and performed several Bharatanatyam Recitals under the guidance of Padma Shree Geeta Chandran. Many individuals find it challenging to sustain their passion for the arts as they become busier with their professions or during higher studies. We’re curious to know about your journey with Bharatanatyam—how did your interest in this classical dance form grow alongside your legal career?
I was blessed to have a structured upbringing with academics, dance, sports etc. I started to learn Bharatanatyam at the age of 6. At Natya Vriksha under the tutelage of Geeta Akka, dance was just one of the multitude things I learnt. Geeta Akka filled my young mind with art, music, culture, history, mythology as well as social values of justice, equity an inclusion. Natya Vriksha was my second home. I danced regularly from the age of 6 till I turned 18, when I left to study law at Dr. RML National Law University, Lucknow.
Over the years I developed a passion for Bharatanatyam and all its nuances. During and even after law school I tried very hard to multitask and continue my journey in Bharatnatyam while practicing law. But both Bharatantayam and practising law are hard task masters. The practise of law leaves little time for anything else. Amidst the demands of my career in law, I could not give Bharatanatyam the time and effort it required.
At the age of 24, I made the very tough decision of giving up my dream of becoming a Bharatanatyam dancer. However, thanks to my Guru, Padma Shri Geeta Chandran and the Natya Vriksha Dance Company, Bharatanatyam is still a part of my life. Both my Guru and her dance company perform regularly and I am fortunate enough to have the opportunity to witness these magical performances.
There have been days where I feel that the law took away Bharatanatyam from me, but then, in all fairness, the law has given me back so much more!
As a panel member in various debates aired on Times Now and Mirror Now, how do you see the role of legal professionals in shaping public discourse on legal issues?
In today’s world, the media is playing an undeniably important role in creating and shaping public opinion. There are several instances where the general public is unaware of the correct position of law in respect of certain issues. It is in such situations that legal professionals should be made part of a public discourse in order to enable them to highlight the correct position of law. This in turn gives the public the complete information that they should have to make an opinion.
Internships play a crucial role in a law student’s journey. Can you share insights into the kind of internships you pursued during your college days and how those experiences influenced your career choices? Additionally, what advice would you give to law students when it comes to selecting internships, especially considering the trend where many aspire to intern at tier 1 law firms?
My recollection of my journey and transition from law school to the legal profession is a first-hand example of the importance of internships in a law student’s journey. Being a first generation lawyer I had no insight into the realities of the legal profession. Like I said earlier, my exposure was restricted to only what was depicted in television, movies and books.
When I started law school, I was hopelessly home sick. To begin with, internships were an excuse to go back home to Delhi. In my first year I interned with two NGOs. I bagged these internships through family acquaintances.
In my second year I interned with Mr. Vikas Dhawan (who is now a designated senior). He was then an advocate practicing primarily on the Original Side in the Delhi High Court. He was our lawyer in my mother’s property matter so it was again an easy internship to get. It was my time in his office that got me really excited about litigation. However, I still wanted to intern in different fields of law before deciding which one I was most interested in.
The next few internships were hard to get. I did not know many people in the profession and all my e-mail applications (sent months in advance) remained unanswered. But I did not lose hope!
I remember, in 2011, I printed several copies of my then 1 page CV and roamed the streets of Defence Colony (the hub of lawyers’ offices in Delhi). I walked into so many offices and handed over my CV to anyone who would take it. I bagged my next few internships like this. This exercise got me the opportunity to intern with Mr. P.K. Dubey ( now a designated Senior), Zeus Law, Mr. A.S Chandhiok (Senior Advocate), Sikri & Company etc.
I also briefly interned in the Corporate Division of O.P. Khaitan & Co. After my previous internships in the field of litigation, my short stint here was enough for me to know that I was not meant to be a corporate lawyer. The stifling hustle-bustle inside and outside the courtrooms excited me the most.
I personally did not intern in any tier 1 law firm. This was only because I never got the opportunity. During my law school years I did fret a lot about not having any tier 1 law firm names on my CV but then, there was honestly not much more I could do about it.
I chose to not give up or lose heart. I took up every opportunity I could lay my hands on. I made connections as I went. And, I worked hard, very hard.
Being a first generation lawyer I can be very blunt and say, the journey can be challenging. My only advice to law students and young lawyers is to be brave, be curious, chase experience and continue learning. Take up every opportunity you can lay your hands on, be it big or small. There is no better teacher than experience!
What initially sparked your interest in pursuing a career in law, and could you share the motivation or experiences that led you to take the Advocate-on-Record (AOR) exam after already having an extensive 15-year career in the legal field?
From the initial stage of my career, legal profession was passion for me, after passing my LLM, I was involved in Judiciary Coaching, then after that I was appointed as Assistant Advocate General by the Government of Haryana from 2011 to 2014, but I feel that Advocate-on-record is a prestigious position in the Supreme Court and has its own charm.
Establishing and leading KMS Law Firm is a significant accomplishment. Could you share some insights into the challenges you faced during the initial stages of starting the firm and what motivated you to embark on this entrepreneurial journey in the field of law?
At KMS Law Firm we have a research-oriented approach and highly experienced team which ensures a quality assistance with an assortment of legal business solutions, ranging from complex transactions. I started my journey with dedication & Hard work.
As the Co-Chairman of the All India Lawyers Forum, you likely engage with a diverse legal community. What initiatives or activities do you find most rewarding in fostering connections among the legal professionals across the country?
As Co-Chairman of AILF, I have organised about 40 webinars during lockdown on different topics of law which were most significant for legal fraternity with sitting and former judges of the Hon’ble Supreme Court of India. I learnt a lot from the experiences from different speakers/guests who gave valuable insights on legal topics.
In your role as Emeritus Assistant Advocate General for the Government of Haryana, what are some of the legal and constitutional issues you advised on, and how did they contribute to the governance of the state?
As the Assistant Advocate General of Government of Haryana, I was a younger officer of the court in the State of Haryana. I attended and presented before the constitutional court and divisional benches and dealt with different types of cases of Government during the tenure. I took an active part in proceedings of court in state matters.
As the Managing Partner of KMS Law Firm, you’ve been involved in a diverse range of legal areas, from criminal law to constitutional Law. Can you share a case or experience that stands out to you, something that was particularly challenging or rewarding in your career?
It was a great experience when I dealt with the most difficult cases of NDPS and argued before the Supreme Court and Justice Indira Banerjee gave good judgement on reducing the sentence and even waived off the fines also.
As a firm has a Research-Oriented Approach, could you elaborate on how this approach translates into delivery quality legal assistance to clients? How does the firm ensure its team stays well-informed and updated on legal developments?
The firm boasts of a Highly Qualified Team to assist the clients with the legal and regulatory framework. The mindset of our team is a special mix of integrity, intelligence, energy, and strategy which is the backbone of our firm. It is this conspicuous character that makes our associates different from others. It is what enables us to be the best for our clients, – their guiding star, and their trusted legal advisor.
In your extensive experience navigating litigations across various high-profile forums, including the Supreme Court of India and the High Courts, can you share a situation where the courtroom dynamics were particularly challenging, and how did you navigate through it to secure a positive outcome for your client?
When I dealt with a civil case regarding a land dispute before the court of Hon’ble The Chief Justice of India and the court had made up its mind to deliver the verdict that the land could be divided amongst the parties to the suit. Even our case was on strong footing as the order of the lower court was in the favour of my client, but I tried to give my best before the court and the court finally passed an order in favour of my client.
For law students aspiring to intern in the legal field, what suggestions would you give them to make the most out of their internship experiences? Additionally. Could you share insights into the types of internship your firm, KMS Law Firm, typically offers and skills you look for in potential interns?
During the internship experiences, students should do research work and discuss the file, read the bare acts with interpretation and should attend court proceedings so as to know the practical nuances of law. Good communication and drafting skills is what we seek in our prospective interns.
Balancing a career in law can be demanding. How do you unwind or pursue personal interests outside of your legal commitments? Any hobbies or activities that you particularly enjoy?
Social Engineering is the best theory in the legal field. I am involved in yoga & Meditation which I enjoy after work. Generally, I like to visit new places for holiday breaks.
Considering your extensive experience in the legal field and as a mentor to aspiring lawyers, what advice or suggestions would you offer to the coming generation of legal professionals? In your opinion, what can they do differently or better to thrive in the dynamic legal landscape and contribute meaningfully to the field?
Seven lamps of advocacy are the most significant for every lawyer i.e., honesty, courage, wit, industry, eloquence, legal judgement and fellowship. One should always try to master these all. Also, with the advancement in technology in research work and filing it is necessary to be conversant with the developments in them and use them for one’s progress. Also reading judgment and discussing with seniors gives immense jurisprudential understanding of law.
Ma’am, can you please provide a brief introduction about yourself and your journey into the field of law?
Hi. I am Priyanka Sethia and I have been practicing at various Courts and Tribunals across India, as an advocate for over 10 years.
I graduated in the field of law in 2013 and got an LL.M. in Corporate and Financial laws in 2021, while being in the profession and gained further certifications as opportunities presented themself.
I am a certified negotiator accredited by London School of Economics & Political Sciences [2022] and a certified POSH (Diversity & Inclusion) Trainer [2023].
I started my own law chamber – Chambers of Priyanka Sethia, in 2021 and we take up civil and commercial matters for various individual and corporate clients as well as deal in corporate practice.
With over 10 years of experience, you have established yourself as a prominent figure in the legal fraternity. What inspired you to pursue a career in law and eventually become an advocate?
I have shared this before, but this story never gets old for me. So, my career in law wasn’t really a given from the very beginning and I am a first generation lawyer. My roots find themselves etched in a very traditional business family. It so happened that one day, I was late to school by a few minutes and the Head of Department, Accounts who was in charge of the School Assembly that day, asked me to go back home as I was late!
It was however only my first late show and I was aware of the finely printed school rules and regulations, set out in our Daily Academic Planner that permitted a student three late shows before being sent back for the day. With great respect, I politely took out the Academic Planner from my bag, opened the rules section and read it out to the said school teacher which stated that I had to be given three opportunities/warnings, before I could be sent back home for being late. I certainly could attend school that day but only saw disdain in that teacher’s eyes for me, on all days thereafter. Thankfully it was my last year in school and I then realized the power of Laws and Rules framed thereunder and the joy of knowing and abiding by it and of course realized my interest in reading the fine print.
Decision to pursue law came organically to me but the decision to choose between Litigation vs Corporate Law never comes easy for anybody. While the heart wants to be in the courts and explore the passion of arguing vociferously for the clients and their cause, the mind seeks to showcase the drafting skills. So now, my Chamber is trying to strengthen both its litigation team and its corporate practice team, by continuously levelling up with diverse certifications, hiring new talent and continuous practice. At the moment, I head both the verticals and with a recent certification in POSH (Diversity & Inclusion) Training, I hope to offer various training to Corporates, in this arena.
You founded the Chambers of Priyanka Sethia in 2021. Could you share the motivations behind starting your own law chambers and the vision you have for it?
I have worked with some of the most incredible seniors in Profession who have mentored me throughout and continue to handhold me through difficult situations. After assisting them for about 8 years, I realized that I was ready to explore legal practice from my own perspective.
And so, post the Covid scenario, with experience that I had gathered from my seniors and mentors, and a postgraduate degree in my choice of practice area, I delved into independent practice and started Chambers of Priyanka Sethia in November, 2021.
My vision for the chamber is to render exceptional legal services to our clients while being on an upward trend in the number of fresher hirings. I take pride in the fact that I welcome freshers with 0-6m experience and it’s lovely to draw inspiration from their passion and exuberance. On the work front, the chamber is striving to strengthen both its Litigation Practice and Corporate Practice.
You are a certified negotiator accredited by the London School of Economics & Political Sciences. How has this certification influenced your approach to negotiations, and what role does negotiation play in your legal practice?
While engaging in Corporate Practice, often we find ourselves negotiating terms of the contract on behalf of our clients. Many-a-times, the other party is situated outside India and has a completely different approach towards the drafts/agreements compared to the Indian scenario. Being sensitive to their background, ethos, laws and culture is the key. My certification in negotiations has helped me in bridging that gap and comes in handy especially while dealing with International Corporates and has added an edge in fostering new relationships, executing contracts, and arriving at settlements.
Your experience covers a wide range of legal areas, including corporate practice, commercial litigation, alternative dispute resolution, and more. Can you highlight some key experiences that have significantly contributed to your growth as an advocate?
Every case is a new learning. One cannot limit their learnings to the law. I strongly believe every person we meet is a new experience, we become wiser with each interaction. Every client, every cross examination, every meeting, every briefing in itself presents a new experience and contributes to one’s growth.
Your expertise extends to regulatory compliance and privacy laws. How do you approach these complex areas, and what challenges do you typically encounter in ensuring compliance for your clients?
To cite one instance, often we find that the law enforcement agencies are not well trained to understand and implement the law at the grassroot level. Recently, while dealing in a legal metrology matter, we observed that the department officer had no exposure to a couple of years old amendment in the law and required sensitization. Routinely issuing notices just to meet targets is a norm and needs to change.
You champion the cause of women emancipation. How do you integrate this advocacy into your legal practice, and what initiatives have you undertaken to contribute to diversity and inclusion in the legal profession?
I believe having freshers on board or having non NLU advocates in the team is the biggest inclusion point in our profession. I am open to having good talent on board without any preconceived notions or unconscious biases.
Besides, I take up matrimonial matters for marginalized women pro bono and ensure that they are taken to a logical conclusion.
Considering your successful journey in law, what advice would you give to fresh graduates aspiring to pursue a career in law and make a mark in the legal profession?
Success is a subjective term. On the work front, my request to fresh graduates aspiring to pursue a career in law is to be consistent. Do not give up without giving it a fair shot and some time. Also, there is a great demand for lawyers with expertise in niche areas. One could also choose their practice area earlier on in their career and proceed further in that direction.
And, Pursue a hobby alongside the profession. This helps in keeping sane as well as sticking through.
Could you share a bit about your journey into law and how you decided to pursue it as a career, especially with your educational background at National Law Institute University and Symbiosis Law School?
My father played a significant role in guiding me to pursue law considering my personality. Then, I was always keen to pursue law since my school days and at that time law was not sought for profession as it is now. We did not have CLAT in the year 2003 and had to fill up individual forms for each college. I was fortunate enough to get through B.A.LL. B course in Symbiosis Law School, Pune. I was inclined for post graduate education and thereafter, I appeared for CLAT LLM and I got through National Law Institute University, Bhopal. It’s a wonderful experience to independently live in a hostel which makes you a confident individual to deal with every situation in your life without the support of family. I not only got to polish my legal and individual skills at the law schools but also got to make great friends during both the courses who are budding colleagues and make the legal practice feel like home.
You’ve had a diverse experience, from working in top legal firms to founding your own practice at Samaya Law. What inspired you to take the entrepreneurial route, and how has this journey been for you?
I am thankful to all the law firms, their partners, and senior advocates who I worked with through my journey. I got immense experience and guidance from them which helped me build my independent practice. Since beginning, I always wanted to have my independent practice as it gives a sense of accomplishment to me, however, working in a firm setup can be equally beneficial considering the fact that the initial few years of independent practice take a toll on you mentally and financially. I was lucky enough to have my own set of clients who trusted in me and helped keep afloat in initial years of practice which is significant to keep you going. The journey of independent practice is full of peaks and valleys as its both demanding and rewarding profession. You have a thrill of victory which is unmatched and gives you a sense of pride and satisfaction and doing public interest litigation can give added satisfaction by making a difference in the lives of people. The downfall being the stress and expectation not only towards yourself but also to Clients and Judges. However, this profession can teach you resilience, perseverance and the importance of hard work which makes you a valuable legal professional.
Your practice involves appearing before various courts and tribunals, including the and the National Company Law Tribunal and Supreme Court of India. Could you highlight a memorable or challenging case you’ve handled and the key takeaways from that experience?
After my stint with law firms, I started my independent practice and after a few years started our law firm Samaya Law along with my partner Sourabh Gupta, Advocate and we completed 10 years in June, 2023. We appear before all courts, tribunal across India. However, being based in Delhi gives an opportunity to physically appear before the Hon’ble Supreme Court and Appellate Tribunals. Although, now the Supreme Court also works on Hybrid mode which helps all the counsels across India to get remote access to appear and argue their cases. We recently argued a case under the maternity benefit act wherein the Petitioner was being denied maternity benefit as her contract with the government body had come to an end. In a landmark judgment, a three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Others (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. We also made a significant petition for post-graduate doctors during the COVID-19 period when they were being sent across states for their practical examination as per National Medical Commission and Diplomate of National Board guidelines. The Supreme Court intervened and directed the NMC and NBE to conduct examinations within the state so that the post graduate doctors do not have to cross state as per directives of the government of India. This brought relief to more than 1 lakhs doctors who were appearing for the examination. Each forum has its own way of working, before the Supreme Court you only get 2-3 minutes to explain your brief at the admission hearing so you need to prepare your list of dates and synopsis thoroughly and be precise with your arguments on factual and legal aspects to catch the eye of the Judge.
With a significant focus on drafting and vetting petitions across different legal domains, could you share some insights into your approach to crafting effective legal documents and the importance of precision in this aspect of your work?
My advice would be to keep your focus on the facts of the case because facts forming part of the pleadings can never change and highlighting relevant facts of the case can bring life into a dead brief. It is crucial to draft pleadings that are short, persuasive, point blank and not overstated. It’s best to work on all kinds of pleadings before the trial court and High Court in the initial years of your practice which can be beneficial when you handle matters before the Appellate Courts and Supreme Court. Most part of building up a case happens at the trial court and if the pleadings are not drafted, covering the facts accurately can bring significant damage to the case as it becomes difficult to introduce new facts or legal grounds in support of the brief at appellate stage of the proceedings. The pleadings should ensure that all the relevant facts are covered on the issues to be framed and lead evidence on the said issues to support your case. In a case done by us the Hon’ble Delhi High Court in a suit (CS(OS) No.553 /2016 order dated 21.05.2019) dealing with recovery of possession of an immovable property and a counterclaim for recovery of over Rs. 5 crore had due to lacuna in the drafting and not claiming the relief for recovery of possession made an observation “This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one’s own client, are avoided.”. The pleadings have to be factually fortified and legally formulated to bring forth your best case.
Having engaged in extensive research across civil, criminal, and commercial laws, could you discuss a specific area of law that you find particularly intriguing or challenging, and why?
The latest insolvency and bankruptcy code, 2016 has brought a fresh dimension to the insolvency law including bringing new questions of law which need to be answered both by the Lawyers and Judges. The fact that the code has been modified five times in the last five years including several judgments which have been passed by the Hon’ble Supreme Court itself shows the way it is evolving and which makes it challenging. The IBC is a significant reform and its successful implementation can bring resolution to the stress situation in the country’s financial system. We constantly support the Insolvency Resolution Professionals and companies on advising them on the intricacies of the Code and its implementation.
Your involvement in arbitration, both domestic and international, is notable. Can you share a bit about your experiences with arbitration cases and any unique challenges or differences you’ve encountered in handling international arbitrations?
With the introduction of Arbitration and Conciliation Amendment Act, 2015 the arbitration proceedings must be completed within a time bound manner and which has brought drastic improvement in the overall process of arbitration. The constant queries of the clients as to the time limit within which dispute would be resolved has been answered by way of the said amendment and also by bringing in Schedule IV with the amendment of 2015 the fee being charged by an arbitrator has been regulated making the whole process efficient and cost effective for the client. Thus, we advise clients to keep arbitration clauses in the agreement so that the disputes, if any, can be resolved in an efficient and timely manner. However, it is particularly important where the parties (or their assets) are in different jurisdictions or where the disputes might give rise to complex and technical issues. We recently did an international commercial arbitration under the ICC rules where the seat of arbitration was Narobi, Kenya. The arbitrators in such arbitrations are chosen by the arbitration rules which provide for a method of appointment of arbitrators in case the agreement does not name the arbitration. The cost between a sole arbitrator and three arbitrations can vary considerably in international arbitration including the efficiency within which arbitration can be completed as there is lesser need for coordination between the arbitration. However, high value and complex arbitration would be better with the panel of 3 arbitrators as they can give more insight into the decision-making process. The timelines set in the international arbitrations are strictly adhered to and any deviations are subject to high cost awarded against the defaulting party including closing their rights if no reasonable reasons have been given by the parties. In choosing the seat of arbitration, the parties should consider the effect that this might have upon the conduct of the arbitration and the potential enforceability of the ultimate award and selecting a state which is party to the New York Convention as the seat of any arbitration, provides parties considerable scope for the enforcement of their awards.
Given your wealth of experience, what advice would you offer to law graduates who are just starting their careers in the legal field? What key lessons have you learned that you believe could benefit those embarking on their legal journey?
I would advise all the young graduates to learn the basic skills of drafting and research in their initial years along with arguing matters before the courts whenever they get an opportunity. The key would be to accumulate as much knowledge as possible from your seniors, arguing counsels and observing proceedings before the courts. In addition, always keep yourself abreast of the times by reading the latest judgments and updates of law in every field. Always be nice to your opposite side, you will have to face them every day in court and not the clients. Never lie to the court, better lose a client than your respect and trust before the court. Lastly, always take care of your health and follow stress management by having work life harmony.
