We are extremely delighted to have you with us for this interview. To start, could you please introduce yourself and share the inspiration behind establishing Pravah Law Offices?
Thank you for having me. I have been a Delhi-based practising lawyer since 2017. The bulk of my practise is at the Supreme Court, which is also the forum where I learnt the maximum work as an associate with my mentors, Ms. Haripriya Padmanabhan and Mr. Gopal Sankaranarayanan.
‘Pravah Law’ is the official designation of my law chambers. The primary motivation behind establishing it was to foster a distinct professional identity that resonates with my core values and expertise, to enhance the efficiency and organization of my practice.
Being awarded the Vice-Chancellor’s Gold Medal for ‘Best Male Student’ is a remarkable achievement. How has your academic journey, including your time at National Law University, Delhi, influenced your approach to law and legal practice?
Getting the Vice-Chancellor’s Gold Medal was a big confidence booster because of what it signifies: it is awarded to two students from each batch, male and female, who graduate with the best all-round performance. Incidentally, even at my school’s farewell function, I was awarded the ‘Best All-Rounder’ trophy—something I cherish more than any other recognition I’ve received. I enjoy being able to handle multiple activities and projects together. In college, I was an avid sportsperson, musician and mooter (in that order) with an interest in many other extra-curricular activities.
As regards academics, those five years were formative. My teachers at NLU Delhi were outstanding in terms of how much they pushed us. For instance, we were made to prepare bulky, complex judgments and other texts within tight deadlines—not just read the material, but also form polished opinions about it. This seemed impossible back then. We kept complaining about being forced to meet unrealistic standards! But I realise with every passing day as to how much edge those exercises can give you in a profession where reading is everything and everything is to be read. I owe a lot to NLU Delhi.
Your LL.M. at the University of Michigan Law School was accompanied by the prestigious Michigan Grotius Fellowship. How did this international exposure shape your perspective on law, and what key lessons did you bring back to your practice in India?
It was a terrific experience. UMich gives you the freedom to design your course by choosing any combination of subjects. So, besides my law subjects (media law, freedom of speech & religion, equality law etc.), I selected a few subjects situated at the intersection of law and philosophy, which significantly contributed to my intellectual growth. My teachers were excellent and my classmates were intelligent and accomplished, which made classes engaging and challenging. It was exactly the kind of quality I wanted in my higher education.
Looking back, my most important learning in Ann Arbor was that there’s always another way—to think of a legal problem, articulate an argument, research case law, and even draft a memorandum—if only one is willing. I find that many colleagues here are used to old methods that may no longer work, at least not as effectively as one would like. The mere willingness to try another way can produce great results. And it requires no earth-shattering effort; sometimes, it is as simple as learning a new technological tool, shortening your drafts, using visual representations (graphs instead of paragraphs), making a LinkedIn profile, or even writing an email that you thought would be futile.
Law Vaarta is a unique blend of Hindi and English, making legal discussions more accessible. What inspired you to start this podcast, and how has the response been from your audience?
I believe that law is not as elusive as it is made out to be. Every citizen is capable of understanding the law, provided it is explained in simple language. Unfortunately, discussions around the law on TV and other media are either superficial or too technical-sounding. That is why I felt that a platform is required where complex legal issues are explained in straightforward language without losing their complexity.
I am delighted with the response the podcast has received. People have been kind in their appreciation as well as criticism, both of which are aimed at improving the quality of the content. I’m learning new things about content creation on the go. In 2024, I intend to increase the reach of the podcast through interactive content that will cater specifically to law students and young litigators, in the hope that litigation can become a more accessible profession.
Your research covers various topics, from constitutional rights to online gaming legislation. What upcoming research projects or areas of interest are you currently exploring?
Over the past couple of years, I have picked up an interest in empirical research on judicial behaviour. I am currently working on two projects relating to preventive detention and one on India’s abortion law. All three projects are geared towards understanding the behaviour of the Supreme Court and High Courts in cases involving the fundamental rights of citizens. For instance, in the preventive detention research, I am trying to map the speed with which our constitutional courts act in habeas corpus petitions against illegal detentions.
The Right to Receive Information is an upcoming publication. Can you give our readers a sneak peek into what conceptual problems you explore in this piece?
In the post-emergency years, the Supreme Court infused many fundamental rights with expansive content. The right to receive information was a product of this exercise. The Supreme Court held that the right to “speak” under Article 19 of the Constitution includes the right to “know”. I find this to be somewhat of a logical jump. There is no doubt that an informed citizen will exercise their right to free speech more meaningfully, but it is hard to agree with the proposition that there is no right to free speech without full or proper information about the subject matter. Anyway, the paper mainly explores the judicial approach to the right to receive information over the years, first, on whether the right is horizontal or vertical, and second, on whether there are any additional grounds on which the right to receive information can be restricted over and above the grounds listed in Article 19(2). The paper finds that the judicial approach on both counts has been thoroughly inconsistent and requires clarity.
On a personal note, outside the legal realm, what are your hobbies or activities that bring you joy and relaxation?
I try and do everything that interests me: poetry, sports, music and beyond. Lately, I have been exploring coding to automate some of my daily tasks as a litigator, which would help me save time on clerical work and focus on the more substantive aspects of the law.
Looking ahead, what are your future goals or aspirations for Pravah Law Offices
As the chamber’s work grows, increasing the size of the team has been on my mind. In fact, Pravah Law recently finished one round of hiring. To my good fortune, I have generous mentors and supportive clients, and I am sure the chamber will grow rapidly with their blessings.
Other than that, I endeavor that Pravah Law remains ahead of the curve in terms of technological infrastructure and awareness. I believe lawyers must upgrade and upskill every year. Artificial intelligence is making path-breaking advances by the minute, and I do not doubt that lawyers will have to catch up to stay relevant.
Considering your multifaceted journey, what advice would you offer to aspiring lawyers, especially those who are interested in a diverse legal practice or engaging in legal academia?
‘Advice’ is a tricky concept. Everyone comes from a different context and must figure out their own ways. But I would pass on the following helpful pieces of advice that I have followed:
“Litigation is 10% intelligence and 90% diligence.”
What prompted you to do Law? and then, what prompted you to move to corporate law? And at the end in the whole journey. What made you establish Agama Law associates?
The question of why law has always intrigued me, dating back to a remarkably early age of around 12 or 13. At that point, my understanding of the legal field was limited, and there were no familial ties to the profession. Nevertheless, something about law captivated me deeply. As a voracious reader during my childhood, I found the prospect of a career where continuous learning was inherent and extended throughout one’s professional life to be highly appealing.
The realization that law touches every aspect of life dawned on me as I grew older. Unlike professions such as medicine, pharma, or engineering, which often specialize in a single domain, the legal profession offers a unique insight into multiple facets of life. Whether practicing medical law, which requires a profound understanding of medicine, or delving into criminal law, where a high understanding of criminal psychology is crucial, the multifaceted nature of law continues to be a source of excitement.
Moreover, my enthusiasm for law extends to the generalist role I currently embrace. In a landscape where specialization is often emphasized, my passion lies in exploring diverse areas of law. This inclination was evident from an early stage, a decision supported by my father. This generalist approach allows me to navigate through various legal territories and maintain a broad perspective, which I find both stimulating and fulfilling.
Reflecting on my journey, the inception of my legal career was marked by this passion and a commitment to continuous learning. It’s a journey that has been shaped by a love for reading, an excitement for the multifaceted nature of law, and a deliberate choice to remain a generalist in a world that often leans towards specialization.
My legal journey commenced under the mentor-ship of a senior counsel, renowned as the leading shipping lawyer in the country at that time. The realm of shipping law was exceptionally thrilling and lucrative, akin to a gold mine in the legal landscape. Although disputes were relatively scarce due to the industry’s prosperity, my exposure was comprehensive. From witnessing ship arrests to navigating shipbuilding contracts, the experience was enlightening. As junior members in a senior’s office, understanding the intricacies of queuing matters and gauging the dynamics of working alongside a seasoned professional fueled my desire to explore beyond the apparent tip of the iceberg.
Subsequently, my journey led me to a solicitor setup, where the practice encompassed both litigation and non-litigation matters. This phase afforded me a diverse range of experiences, delving into project finance and mergers and acquisitions (M&A). Engaging in IPO-related work and handling white-collar matters in the court provided a well-rounded exposure. Frequenting both Criminal Court and the High Court for writ petitions enriched my understanding of legal processes.
Transitioning to a role at AZB marked a grounding experience, characterized by the demanding quality of work and the competitiveness inherent in the firm’s culture. The challenges posed in managing time constraints and a myriad of responsibilities served as a valuable learning curve. This stint prompted a process of unlearning certain approaches, fostering personal and professional growth.
My inclination towards connecting with people on an individual level led to the establishment of Agama. Originating in a single room, this venture symbolizes my quest to reach out independently and make a tangible impact. The journey, from the initial mentorship in shipping law to navigating diverse legal landscapes, has been characterized by continuous learning, adaptation, and the pursuit of meaningful connections.
Your experience spans various sectors, from manufacturing to healthcare. Is there a specific industry that you find particularly intriguing or challenging, and why? And how do you break the boundaries and enter that challenge, because this is for the ones who are entering this amazing field of law as you mentioned.
For lawyers, such as myself, who adopt an industry-agnostic approach, the legal landscape presents a diverse and expansive canvas. Personally, I’ve been fortunate to accumulate a wealth of varied experiences across different sectors. Among the most dynamic and engaging areas of law today is the realm of general corporate law.
Within general corporate law, several sectors stand out as particularly exciting. One such burgeoning industry is logistics, encompassing a spectrum of aspects, from real estate to road and vehicle-related laws. The logistics industry has witnessed remarkable growth, with emerging players like micro-mobility companies and port operators contributing to its dynamism. Advising clients in this field involves addressing a wide range of issues, including labor matters, especially those with an IT-centric focus. Additionally, logistics offers opportunities to provide counsel on data protection and navigate complex cross-border challenges. The sector also presents instances of high-quality arbitration, especially concerning transport, customs, and international trade.
Another compelling and niche area that is currently witnessing the development of legal jurisprudence is the regulatory framework surrounding renewable energy. In this domain, there are relatively few lawyers in the country specializing in this evolving field. Personally, I have been privileged to work on projects related to renewable energy, particularly in assisting a client in setting up solar farms in India. This experience has spanned a broad spectrum, involving M&A, regulatory compliance, and labor issues, making it a truly comprehensive and rewarding endeavor over the past one and a half years.
In the context of fostering growth and cultivating relationships with clients, particularly within the framework of your own firm, could you share insights into how you went about establishing these connections? What strategies did you employ when encountering unfamiliar individuals whom you identified as potential valuable clients for your firm? Additionally, could you elaborate on the foundational values that guided your approach in engaging with clients and ultimately contributed to the development and current standing of your firm?
The foundation of any long term relationship lies in unwavering mutual trust and mutual value addition. For us, as lawyers, trust is given where we uncomplicate. If businesses can trust us to unwind the complexity in a stressful situation, as fast as possible, instead of taking them deeper down the web of intricacy – we have justified our existence. Navigating the intricacies of being a good lawyer revolves around a crucial ability: the aptitude to unravel complex problems and present them in simplistic terms, particularly from the client’s perspective. The foremost skill lies in understanding the client’s desires, pinpointing their current pain points, and crafting viable solutions.
Some of the most renowned lawyers often exhibit this proficiency, breaking down intricate legal matters into comprehensible points for their clients. The challenge arises from the fact that clients may express their problems differently due to a lack of legal understanding. Lawyers need to bridge this gap by deciphering the true legal issues beneath the client’s articulated concerns.
Ultimately, being an effective lawyer hinges on a clear comprehension of what the client wants, an astute understanding of their present challenges, and the ability to provide feasible solutions. The task extends beyond legal expertise, requiring effective communication and translation of legal intricacies into practical and accessible terms for the client.
Certainly, the process involves two distinct facets: understanding clients and acquiring clients. Acquiring clients, relatively, is the more manageable aspect. It often necessitates showcasing one’s abilities, effectively communicating in the client’s language, and establishing a level of comfort that encourages collaboration.
In the contemporary legal landscape, companies tend to engage with multiple legal professionals for diverse needs, disrupting the traditional model where a single firm handled all legal matters. As a result, lawyers need to adapt to this shift and recognize that not every point of contact transforms into a client. Identifying whether a client is attainable, either from the client’s perspective or the lawyer’s, is a nuanced evaluation.
Understanding clients, on the other hand, delves into the core of their challenges and aspirations. It involves deciphering the key issues they face and determining whether the proposed legal solutions align with their objectives. The crux lies in comprehending what the client aims to achieve and guiding them toward feasible solutions. This task stands out as the most intricate part of the process.
While legal documentation and transaction structuring are essential components, they primarily serve as logistical elements. However the foundational value is to get at the core of what a business needs but is not able to put into words. The value is also to minimize logistical efforts, and hence costs, as far as dispensable without compromising on risk-protection. The true essence lies in grasping whether our efforts effectively contribute to realizing the client’s goals. Therefore, the key to success in the legal profession lies in the nuanced understanding of both acquiring and understanding clients, ensuring that legal services align with and contribute to the client’s desired outcomes.
Could you elaborate on how you navigate the delicate balance between intricate legal nuances and the broader business context when serving in an advisory role? Specifically, when recommending clients to others, how do you manage this equilibrium, considering that clients hold the reins in decision-making, and advisory services revolve around facilitating their processes and needs?
As an advisor, I have an obligation to multiple coordination points – the individual seeking advice, the organization the individual is representing, and then the criticalities that both the representing individual as well as the organizational governance may not have full awareness or understanding of and may not have planned to address, yet. It’s crucial to align these aspects. For instance, a client might approach us for a lease agreement, but upon deeper discussion, we may discover they lack essential commercial terms. In such cases, our role evolves beyond legal drafting, extending to advising on business risks and strategic decisions.
While some clients seek legal interpretations, others welcome comprehensive business advice. The distinction lies in understanding their specific needs. Some engagements involve academic legal exercises, while others delve into strategic business decisions. Being part of this decision-making process is equally enjoyable for us.
As an advisor, the key is intuitive understanding—discerning whether clients merely seek legal input or require a deeper exploration of their business context. This process takes time and builds on familiarity, similar to understanding friends. Ultimately, aligning with clients’ objectives is paramount in offering effective advisory services.
Your focus on process-driven risk management systems for startups is noteworthy. What key principles do you believe are crucial for startups to establish a sustainable foundation in terms of legal compliance?
Sustainable business foundations would involve managing foresight and mapping the pie that a business is trying to negotiate for itself, well in advance. In the sharply agile market that we are witnessing in all sectors thanks to tech advancement and artificial intelligence, a business that desires to sustain itself for any amount of term that is markable, the bare minimum requirement is to cover for risks and obligations that will flow much in advance. Mature entrepreneurs have that foresight to an extent, but fledgling start ups don’t. This is where our experience – and the systems and in-built processes that has led to within our advice – comes in.
When startups seek advice, we often encounter two distinct types. Firstly, there are mature entrepreneurs who have prior experience in the field and are advancing their ventures. Dealing with them is relatively straightforward as they possess a solid understanding of the workings, time-frames, and compliance risks. They proactively ask the necessary questions, making the consultation process smoother.
On the other hand, there’s a different category of startups – those with innovative products or disruptive ideas seeking funding and eager to establish and run their systems. Handling these startups requires a unique approach. With mature entrepreneurs, conversations can delve into advanced levels, as they are already aware of the eventual need for compliance. In such cases, simplifying their journey is achievable by providing checklists and connecting them with essential professionals like company secretaries and chartered accountants. We have a well-established network of professionals with whom we collaborate, facilitating these connections.
For the latter type of startups, there is a need for a more persuasive approach. Convincing them of the importance of compliance is crucial. As legal advisors, our role primarily involves guiding them on compliance requirements rather than directly handling compliance matters. By effectively communicating the necessity of adherence to regulations, we aim to bridge this understanding gap and help them navigate the intricacies of legal compliance. Ensuring success in the startup landscape today is imperative, especially considering the vast reach of the Internet. I recently came across an intriguing insight in a doctor’s room that resonates with this—suggesting that if you trust Google for health advice, you might as well ask Google to cure you. In today’s digital age, startups often grapple with misconceptions, and my role involves investing time upfront to dispel any misinformation and guide them in understanding the landscape.
One key area I find crucial is steering startups towards sustainable investments. Beyond mere compliance, many startups, in their early stages, inadvertently sacrifice significant equity and rights. The true victory, in my perspective, lies in assisting startups to secure sustainable investments that will propel the company forward without compromising its core interests. This involves strategic steps to avoid pitfalls and foster the company’s long-term growth.
In my experience, every startup journey unveils distinct challenges and perspectives, which continually enriches my understanding of the dynamic startup ecosystem. It’s fascinating to approach each situation with an open mind, as the nuances and intricacies vary, offering fresh perspectives and learning’s with every new collaboration.
Mergers and Acquisitions form a significant part of your practice. Could you share a memorable experience or deal that posed unique challenges and how you navigated through them?
The turning point in my approach to M&A came when as part of one deal, I had said a big unequivocal “No” on behalf of our clients to one of the deal terms. The counter-party, a significant figure in a large group, was humble and kind enough to not come back aggressively to that position but encourage a dialogue. Which is when it really sunk in how much more are we as “facilitators” instead of hurdles, on deal making, as lawyers. And the art of negotiation is something we can’t ever have honed enough – there’s always some new interpersonal aspect to learn about. Despite his stature, he was kind and humble, encouraging a dialogue to resolve the issue. Such experiences reshape one’s perspective, emphasizing the importance of effective negotiation. Therefore,, when it comes to mergers, the crux, for me, lies in negotiations. This has been the most significant learning for me over the past decade. Working with an entire team provides a certain level of comfort due to the presence of seniors and super seniors. However, the true learning comes from actively negotiating a transaction and seeing it through, which I believe is a crucial skill for lawyers. My advice to young professionals is to actively seek opportunities where they can lead or negotiate transactions rather than being a part of a larger team.
In our practice, we have instilled this philosophy from the beginning. Regardless of their seniority, all associates are encouraged to actively participate in negotiations and discussions. This exposure ensures that they grasp the context of the deal and understand the dynamics involving clients and counter-parties.
One challenge in today’s M&A landscape is the post-deal closures, especially in mergers. While closing the deal itself is significant, the groundwork post-merger is equally crucial. Nowadays, many companies handle this in-house or enlist the help of consultants, making it essential for lawyers to understand the entire process.
Lastly, for young professionals aspiring to excel in M&A, I recommend dedicating effort to understanding the regulatory landscape. Regulatory filings, particularly under the Competition Act, offer a unique perspective. Arguing why a particular combination is not detrimental to competition provides valuable exposure that significantly enhances one’s understanding of M&A in the Indian legal context. If time permits, M&A is an excellent avenue for learning the diverse facets of law.
Your contributions to various publications and your recognition as a thought leader reflect your commitment to sharing insights. What motivates you to contribute, and how do you stay ahead in an ever-evolving legal and business landscape?
Lawyers often claim they don’t read enough due to the fast-paced nature of the legal landscape. However, staying ahead requires continuous reading, networking, and engaging with the legal community. Isolation isn’t conducive to legal work; interacting with peers, meeting business professionals, and fraternizing with others are essential for effective practice.
In terms of recognitions, accolades, and awards, one values recognition for their writing. Encouraging everyone in the company to write, regardless of seniority, expands minds and provides a broader perspective. Writing on various subjects not only benefits the company but also enhances the individual’s understanding of the overall legal landscape. It is most satisfying being approached for stories on POSH and labor-specific law over the past ten years by leading magazines. This recognition, despite not being a senior labor lawyer, is particularly meaningful.
It would do well to acknowledge the significance of industry magazines and editorial efforts, such as IBLJ, for recognizing lawyers. This recognition makes younger lawyers feel like a vital part of the legal community and boosts morale, especially when attempting to create something parallel to established setups. The credit goes to those in editorial roles who contribute to highlighting the achievements and perspectives of lawyers outside the traditional legal hierarchy.
Your recognition as a finalist for “Woman Lawyer of the Year 2023” and other prestigious awards is impressive. How do such recognitions impact your approach to your work, and what advice do you have for young lawyers aspiring to make a mark in the legal field?
Personally, every morning when I wake up, the motivating factor is knowing that clients rely on me. There’s nothing more inspiring than the realization that I can contribute to their businesses. Additionally, my team is waiting for me each day, and our discussions about ongoing issues drive me to be there for them as we work to advise clients. It’s a dynamic mix of client needs and team collaboration that fuels my motivation.
Speaking of recognition’s, it’s a relatively recent trend. When we left law school, there weren’t as many accolades for lawyers. While I value these recognition’s and they undoubtedly make one feel good (who wouldn’t want to be called a top lawyer in the country?), it’s crucial for young professionals to understand the importance of building their CVs continuously. Every task, from writing an article to advising a client, should be documented. Keeping a record of your learning experiences allows for recollection when needed, whether for award submissions or networking. This proactive approach helps people remember you, and at our firm, we ensure everyone records and reflects on their work regularly. It’s about considering what could have been done better, what went right, what went wrong, and identifying areas for improvement. In the fast-paced world, reflective practices might not always be feasible, but being mindful of this can significantly contribute to personal and professional growth, fostering a sense of pride and accomplishment.
In an era of increasing data concerns, you’ve been actively involved in data protection agreements. How do you assist clients, especially those in software creation, in navigating data protection compliance and mitigating associated risks?
In today’s globalized business landscape, privacy has become a crucial factor due to the vast amount of data available to businesses. The handling of data is emerging as a key cost-driving factor, influencing how companies operate. For instance, there is a shift towards keeping data within specific geographical boundaries, like storing Indian data in India and EU data in the EU, driven by government directives, especially in developed countries. While some governments mandate these practices, in India, it’s often seen more as a compliance requirement.
Our approach to reviewing data protection agreements or privacy documents varies based on the client. With Indian clients, we emphasize the need for compliance, advising against drafting anything they can’t adhere to or might require additional funds for compliance. Privacy is considered non-negotiable, and non-compliance, especially for European clients, can result in significant fines. We often assist clients dealing with European parties but processing data in India, guiding them through transfer impact assessments to ensure compliance.
The introduction of the Data Protection Act (DPA) is expected to enhance the infrastructure for protecting citizens’ privacy. However, we acknowledge that the existing Information Technology Act and rules, if implemented effectively, could serve a similar purpose. Enforcement, though, remains a challenge due to the complexity of procedures, such as involving the cyber cell or the legal system. With the DPA, many principles are being codified into law, reflecting legislative intent. While this might not drastically alter the groundwork for companies, it does offer more avenues for data subjects to seek enforcement.
Beyond your professional achievements, what personal interests or activities contribute to your growth and well-being outside the legal realm?
I believe, like many lawyers, I do face challenges when it comes to taking care of my health. I wish I could prioritize my well-being more and achieve a better balance. However, what takes up the majority of my time is my family, as we have a fairly large one. Balancing work and family is a constant challenge, but we make efforts to promote healthier eating habits within our family.
For me, mental well-being is crucial, considering the demands of the legal profession. Small things at home can become sources of stress, so learning to switch off when at work and using tools like reminders helps manage personal commitments. Technology, in this sense, plays a significant role in helping me stay organized, reminding me of tasks such as buying a gift for my son.
While it’s challenging, I’ve learned to establish boundaries between work and home life. Despite the difficulty in today’s fast-paced world, I make an effort not to work when I’m at home. Being part of a family of professionals, with my husband also being a lawyer, helps create routines that prioritize family time, especially on weekends.
Achieving this balance is different for everyone, and I acknowledge that it’s not an easy task. Personally, I wish I could find more time to read nonfiction, as I used to read several books a year, and now finding time for even one or two is a challenge. However, it remains something I’d love to prioritize in the future.
We are delighted to have you for this interview. To kick things off, could you please introduce yourself and share what led you to pursue a career in law, especially with a focus on arbitration and civil-commercial litigation?
Thank you for having me. I am R.V. Prabhat, an engineer who transitioned into the realm of law, now practising independently in Delhi with a focus on civil-commercial laws, constitutional matters, and arbitration law. My journey into law was somewhat serendipitous. During engineering, a family property dispute piqued my interest in the field of law. This experience, combined with my keen interest in current affairs and policy, steered me away from conventional engineering paths towards a legal career. I am a first-generation lawyer with no direct or indirect background in law.
The choice did not seem logical to close relatives and well-wishers at the time, but if you are clear in your head what you want to do at the end of the day, that more or less settles the issue. Today, I am happy I took the plunge.
I chose to pursue law at the prestigious Indian Institute of Technology, Kharagpur. The thrill of interpreting laws, formulating arguments, and persuading judges to see things from your perspective is exhilarating. It is this intellectual challenge and the dynamic nature of litigation that cemented my decision to build a career in litigation.
Throughout my law course and subsequent internships, I was consistently drawn to the complexities and nuances of arbitration and commercial disputes. With a background in engineering, I was drawn to the analytical aspects of legal disputes, and arbitration offered a dynamic arena where technical knowledge often plays a crucial role. The satisfaction of unravelling complex legal scenarios and advocating for a client’s position is unparalleled. This passion for litigation and a desire to make a meaningful impact in the legal landscape continue to drive my career as a litigator.
With degrees in engineering and law, as well as completing the Executive Level of the Company Secretary course, your educational background is quite diverse. How has this multidisciplinary foundation influenced your approach to handling legal cases?
My multifaceted educational journey has been pivotal in shaping my approach to legal practice. The analytical skills honed during my engineering degree is invaluable, especially when dealing with cases involving complex technical details. It enables me to dissect intricate issues and understand the underlying mechanics of a dispute, which is often critical in technical litigation cases.
Further, the insights gained from the intermediate level of the Company Secretary course have deepened my understanding of corporate governance and compliance.
This multidisciplinary background empowers me to view legal issues through a wider lens, considering various angles and potential implications that might not be immediately apparent. Beyond my formal education, I maintain a keen interest in history, current affairs, technological advancements, and policy changes. I firmly believe that the practice of law is based on continuous learning.
Overall, the combination of technical knowledge, corporate governance insights, and a broad interest in various disciplines has helped me to bring a unique and comprehensive approach to handling legal cases, often leading to more holistic and effective solutions for my client
As an accomplished author in the legal field, your commentary book on Arbitration Law has received praise from eminent jurists. What inspired you to venture into legal writing and how does it complement your legal practice?
Writing, for me, has always been a profound way to crystallise and disseminate my experiences and insights gained through legal practice. The acclaim my commentary on Arbitration Law received, notably from esteemed jurists, was both humbling and affirming. I owe a debt of gratitude to Eastern Book Company, and particularly to Mr. Sumeet Malik, for their pivotal role in the success of the book.
The act of writing, in my view, is an exercise in clarity and rigour. It exposes any logical inconsistencies in one’s understanding and compels a thorough comprehension of the subject matter. This process of writing and articulation began during my law school days, under the mentorship of Prof. Dr. Uday Shankar.
In the legal profession, where direct advertising of one’s capabilities is not allowed, writing serves as a vital medium for a lawyer to showcase expertise and contribute to the broader legal discourse. It is a pathway through which the world gets to know and understand our legal acumen and perspectives.
Moreover, the legal profession and academia are intertwined. The depth of knowledge required for writing and the very process of organizing and presenting one’s thoughts in writing contribute significantly to a lawyer’s ability to reason and argue with clarity and coherence. In essence, my venture into legal writing is not just a parallel academic pursuit; it complements and enriches my legal practice, offering a platform for continuous learning and intellectual growth.
You’ve been empanelled as legal counsel for prestigious organizations like ONGC, ECL, NHPC, and NCL. How does your role as Senior Panel Counsel for Union of India contribute to your professional growth, and what unique challenges does it present?
As a first-generation lawyer, these roles have provided me with a consistent platform to present cases in court, which is invaluable. As in any profession, the maxim ‘practice makes perfect’ holds particularly true in law. Regular court appearances have honed my advocacy skills and deepened my understanding of legal nuances. Working with government departments has introduced me to the complexities of bureaucratic decision-making processes. Navigating these intricacies has been both challenging and enlightening, significantly enhancing my comprehension of governmental legal frameworks as well as my understanding over administrative law and constitutional law principles. This experience is instrumental in broadening my perspective, enabling me to see cases from both private and public viewpoints. Understanding the motivations and constraints of government entities offers a unique vantage point that enriches my legal strategies for private clients. The learning derived from balancing the interests of private clientele against public responsibilities is profound. It’s not just about legal knowledge; it’s about developing an intuitive understanding of varying perspectives and leveraging this insight to craft more effective and nuanced legal strategies. This dual perspective is invaluable.
You’ve written on diverse legal topics, but your article about “Balancing Act: Reassessing the Safe Harbour Provisions In the Age of Digital India and Global Connectivity” caught our attention. How do you stay updated on emerging issues in the legal landscape, especially in areas like technology and data protection?
Staying current with the rapid advancements in technology and data protection is indeed crucial in the modern digital era. To ensure that I am up-to-date with these evolving legal areas, I actively engage with a variety of academic sources, frequently attend seminars, and participate in legal forums dedicated to technology law and data protection. This field, by its very nature, is dynamic and constantly evolving, which necessitates a commitment to continual learning and a proactive approach to stay informed about the latest developments.
In 2023, the transformation of the Data Personal Data Protection (DPDP) Bill into an Act marked a significant milestone with profound implications on everyday life and legal practice. My involvement in the constitutional challenge of the Aadhaar Act before the Supreme Court’s constitutional bench provided me with a unique perspective on these matters. This experience was instrumental in developing a deeper understanding of data protection laws in India.
From the early stages of the conceptualization of the DPDP Bill, I have been closely monitoring and analysing its development and continuously engaging with subject matter. Keeping pace with these changes is not just a professional requirement but a personal interest, as these advancements shape the legal landscape in which we operate and have far-reaching effects on society as a whole.
What upcoming projects or areas of law are you excited about, and what goals do you envision for your practice in the coming years?
My legal practice, characterized by its dynamic nature and diverse challenges, keeps me thoroughly engaged. As an independent practitioner, there is an inherent need to balance current commitments with a forward-looking approach towards emerging areas of law. I am particularly excited about delving deeper into the realm of technology laws, specifically focusing on the Digital India Act and the Data Protection and Digital Privacy (DPDP) Act and Constitutional law. My objective is to contribute significantly to the existing legal landscape through comprehensive writing projects in these domains.
Having recently passed the Advocate on Record (AOR) exam, a major focus for me in the coming years is to increase my presence in the Supreme Court and various High Courts. I aim to seize every opportunity to argue and present matters at these higher judicial forums, enhancing my skills as a litigator.
In addition to my practice, I am passionate about sharing my knowledge and experience in legal education. I am currently teaching a course on Alternative Dispute Resolution at IIM Bodh Gaya, and I plan to expand my teaching engagements to other law and business schools. This involvement in academia is not just about imparting knowledge; it’s a reciprocal process where teaching sharpens my understanding and argumentation skills, ultimately enriching my capabilities as a counsel.
Overall, my vision for the future encompasses a blend of active legal practice, scholarly writing, and academic contributions, each reinforcing the other in my quest to become a more effective and knowledgeable legal professional.
You’ve successfully represented multinational companies in high-stakes arbitration disputes. What unique challenges do such cases pose, and how do you navigate the complexities of international legal matters?
Representing multinational companies in high-stakes arbitration disputes has been a journey filled with unique challenges and profound learning experiences. There are 3-4 cases, each in a different domain of law, which have not only improved my skills as a lawyer but also gave me the required confidence to have a sense of self-belief to compete and sustain at the highest level.
One of the most pivotal experiences in my career was a complex construction arbitration against a public sector undertaking (PSU), which I handled at a relatively early stage of my career. This opportunity, graciously provided by my former senior, was a significant turning point. It imparted lessons and insights that years of working under a senior or within a firm might not have offered. As is often said, the most profound learning comes from first-hand experience. The responsibility of representing a client in such high-stakes scenarios necessitated an extraordinary commitment, leading me to dedicate countless nights in pursuit of a successful outcome. This particular arbitration dispute played a crucial role in shaping my journey as a legal counsel.
Another defining moment was my involvement in a constitutional challenge before the Constitution Bench of the Supreme Court. The process of daily briefings and brainstorming sessions with some of the most esteemed senior counsel in the field, coupled with the experience of appearing before the nation’s highest court, reinforced my belief in my capabilities to perform at the topmost level of the legal profession.
A piece of wisdom from the octogenarian Mr. Fali Nariman, as mentioned in his seminal autobiography, has been a guiding light and holds me in good stead in my approach to legal problem-solving. He advises “Always remember, it is better to spend more time thinking about a case than merely reading the brief”. This approach has consistently helped me in unravelling complex legal issues, allowing me to develop more comprehensive and effective strategies for my clients.
In sum, navigating through the complexities of domestic and international legal matters in high-stakes arbitration cases demands not just a deep understanding of legal principles but also the ability to think innovatively and persevere through challenging circumstances.
What’s your favourite thing about living in the capital city, and do you have any go-to spots or activities that you enjoy in your free time?
Living in New Delhi offers a blend of vibrant culture and intellectual stimulation. The city provides endless opportunities for exploration and relaxation. For me, the true essence of New Delhi lies in its diversity and the myriad experiences it presents.
In my free time, I find great joy in simple yet fulfilling activities. I often indulge in sports, which serve as a perfect counterbalance to the mental rigors of legal practice. Engaging in physical activities provides a much-needed mental refresh.
Another passion of mine is reading, and there’s no better place for this than Bahrisons’ in Khan Market. It’s a haven where I can immerse myself in the world of books, often losing track of time.
When it comes to unwinding, I’m not particularly fixated on specific spots; for me, it’s more about the company I’m with. Exploring New Delhi’s diverse culinary scene with friends is something I thoroughly enjoy. The city’s gastronomic landscape is as diverse as its culture, offering everything from local street food to high-end dining experiences. It’s these moments of shared meals and conversations that I cherish the most.
In essence, living in New Delhi is about embracing the city’s dynamic character. This city always has something new and exciting to offer, making every experience unique and enjoyable.
For aspiring lawyers looking to specialize in arbitration and civil-commercial litigation, what advice would you give based on your own experiences and the evolving landscape of legal practice?
Drawing from my experiences and the ever-changing legal landscape, I would emphasize that patience, self-belief, and hard work are fundamental. Litigation is a field where rewards and recognition often come over time, not overnight.
One valuable piece of advice that has been handed down to me by my seniors, and which I find particularly relevant, is the importance of focusing on the present. Commit to learning something new each day. A practical way to do this is to read at least one case law daily. This steady, incremental learning will compound over time, significantly enhancing your legal acumen.
Set your goals high, aim for the peak, but do not be daunted by the journey ahead. Instead of being overwhelmed by the distance you have yet to travel, find solace and motivation in each step you take forward. Seek mentorship and guidance whenever possible; the insights and advice from experienced practitioners are invaluable.
Remember, no opportunity for learning is too small or insignificant. Embrace every chance you get to grow, be it through complex cases or seemingly minor legal tasks.
Stay humble and grounded. Keep your friends close. Maintain strong relationships with your peers and colleagues.
Swami Vivekananda’s words resonate deeply in this context: “There is nothing in this universe that goes to waste.” Channel your energies positively, maintain steadfast faith, and be assured that your efforts will lead to success.
Can you share the pivotal moments that led you to pursue a career in law, from your LL.B. at Maharaja Ganga Singh University to becoming an Advocate on Record at the Supreme Court of India?
Honestly, I admit that I am an accidental Advocate. I had never thought to pursue LL.B. and practice Law. Rather, I first visited Courts, on the day of joining in the profession as an intern at District Courts, Ludhiana in February, 2012. I am basically a physiotherapist and even worked as respiratory physiotherapist at Dayanand Medical College and Hospital, Ludhiana before starting my independent practice as physiotherapist. My father was a bank officer and I also wanted to join Government Service, so I tried my luck in UPSC and developed interest in the Constitution of India. During my job as physiotherapist, I developed a habit of using the library in 2008. That was the turning point of my life.
But destiny wanted me to join the legal profession, as one of my friends during my UPSC preparation advised me to pursue LL.B. It was November, 2009 and admissions were closed as the examination was scheduled for March, 2010. My friend who was already pursuing LL.B. from that University advised me to visit college. I got admission on payment of late fees and penalty. My friend left LL.B. after second year but I continued and completed my degree. I started my career in the Chamber of Sh. Amandeep Singh Grewal at District Courts, Ludhiana in 2012. Being from a medical background, I have keen interest in reading, subscribed to quarterly law journals to keep myself updated since the beginning of my career and even opened a small office at Ludhiana. Sh. Davinder Pal Singh, my dear friend and senior, gave me the opportunity to address the judicial magistrate on preliminary summoning in 138 N.I. Complaint. He had also trusted my abilities and referred to a proclaimed quashing to me during earlier days at High Court. In 2013, a retired bank officer visited my office to claim benefits as he was dismissed by disciplinary authority in 2001 and reinstated by appellate authority in 2003 with punishment for stoppage of increments for 5 years. The bank counted 5 years from 2003 instead of 2001. Being fresher, I was reluctant to take his case whereas the client not only trusted my ability but motivated me to proceed with his Civil Writ Petition. I learnt High court etiquettes on observing advocates while waiting for my turn at Punjab and Haryana High Court, Chandigarh. The notice was issued and thus started my journey at Punjab and Haryana High Court. Similarly, I was successful in getting the Proclaimed Order quashed without even issuance of notice to the respondent by Punjab and Haryana High Court. So, people started referring to my work.
I was appearing before DRT, Chandigarh and other forums as well because I never wanted to specialize but to expand my wings. It was tough during initial years but I never stopped and kept moving with the flow. Thereafter, in 2017, an advocate referred me two Special Leave Petitions pertaining to bail in 420 IPC. I contacted Ms. Manju Jately, AOR for filing and started appearing as arguing counsel before Supreme Court. During lockdown, I planned for AOR examination as Court work was limited, so joined Ms. Manju Jately as a trainee. I appeared in AOR examination in December, 2021
but could not make it in the first two papers because simultaneously I was pursuing LL.M. As such, I was determined to become AOR and succeeded in April, 2023.
You’re currently pursuing a Ph.D. at Rajiv Gandhi National University of Law, Punjab. How do you balance your academic commitments with your active legal practice, and what motivates you to continue your scholarly pursuits?
It is really difficult to pursue both things together but my friends and associates helped me during mandatory Ph.D. coursework. The Ph.D. research has helped me to refine my legal skills and knowledge. The research work does have an impact on my professional career. As my supervisor has shared a time Schedule to complete various stages of the research, therefore, I have become selective in accepting matters since 2022. I have a library in my office and I even use the Court Library during free time at courts to continue my research. I have also got a new teaching assignment and was invited by Punjab Police Academy for training of Punjab Police Officers. I was felicitated by the Director, Punjab Police Academy and this motivated me to pursue my research further. To curb the pressure, I have already closed Facebook and other social media applications. I am going to shift to keypad mobile to save myself from distraction and limit internet usage.
You’ve qualified in the Canadian Law examination. Could you elaborate on your interest in international law and how it has influenced your practice in India?
I had planned to migrate and therefore, wanted to pursue a career in law after migration. I applied for assessment before migration to Canada in 2015. But I did not find Canada as a place to live for the rest of my life and returned back. To enhance my skills and legal acumen, I appeared in examinations conducted by the National Committee on Accreditation for law society of Canada. I have been influenced by many legal issues and have even included in my professional and academic life to name a few:-
The Canadian Supreme Court decision on disclosure influenced me to a great extent. The Court in William W. Stinchcomb v. Her Majesty The Queen held that “The Crown has a legal duty to disclose all relevant information to the defence. The fruits of the investigation which are in its possession are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done. The absolute withholding of information can only be justified on the basis of the existence of a legal privilege and privilege is reviewable”.
As I wanted to do something on disclosure by prosecution in India, so this is my research topic in Ph.D. During interview for Ph.D., Prof. (Dr.) G.S. Bajpai, Vice Chancellor, RGNUL (Punjab) appreciated my research interest in disclosure and advised me to conduct pilot study. I have also got an article published on “Inconspicuous Duty of the Prosecution to Disclosure” in Criminal Law Journal, March, 2022. My Supervisor, Dr. Shiva Satish Sharda at RGNUL, Punjab has also motivated me to pursue comprehensive research so as to work in directions for necessary amendments in legal regime looking
problems of overcrowding of prisons, increasing under-trials population and low conviction rate in India.
I am also advising during training to the Police Officers at Punjab Police Academy to respect the fundamental rights of accused and disclose the fruits of investigation to avoid false prosecution. I have even impressed the trial court for disclosure of withheld exculpatory evidence collected by the investigating agency in one or two criminal trials.
The Model Code of Professional Conduct is another area which helped me to learn lawyer’s ethics and was useful in AOR examination. The Model code forbids the lawyers to advise clients to initiate criminal and quasi criminal proceedings to secure satisfaction of private grievances. But it is common in India to initiate criminal proceedings to threaten or intimidate the opponents for personal matters like financial disputes, property matters, family disputes including marriage and custody of children
and sometime even the consensual sexual relations are given the color of rape as recently noticed by Madhya Pradesh High Court. The tactics to use criminal law for monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse of criminal law for personal satisfaction.
Your practice spans across various courts and tribunals, dealing with a wide range of cases. How do you manage such a diverse portfolio of legal matters, from civil writs to criminal appeals and everything in between?
My mentor has been dealing with both civil and criminal matters but he has not been dealing in service matters. I got an understanding of service law as my father retired as a bank officer and my first matter at High Court pertains to service matters of a retired bank employee only. I am always keen to learn and spread my wings, therefore, I shifted to Punjab and Haryana High Court, Chandigarh. Being the capital of two states, there are various forums. As such, I never denied matters for forums like DRT, State Consumer Commission, Human Rights Commission and NCLT. The initial foundation days gave me exposure to both civil and criminal branches of law before various forums.
I have been associated with the Department of Defence welfare (Punjab) since 2019 and this has helped me to refine skills in civil writs and service matters including departmental disciplinary proceedings. Even today, I take original civil and criminal matters before all courts because I believe one should not stop learning and limit oneself to any stream of law. One needs to accept change and challenges of life with open arms and mind. Litigation is a team work, I have always been assisted by friends, colleagues and even my senior appears for me at District Courts whenever required because I could not spare except Saturday for District Courts. Lastly, I am indebted to my associates and clerks at Supreme Court, New Delhi, Punjab and Haryana High Court, Chandigarh and District Court, Ludhiana for timely filing, without whom, it is not possible to appear at different courts.
Your civil writ petition in 2019 regarding CCTV installations in polling booths received media coverage. How do such cases with public interest components shape your approach as a lawyer, and what impact do you aim to achieve beyond legal resolutions?
There is a difference between Public and Publicity Interest Litigation as recently highlighted by the Former Chief Justice of India. I never used PIL jurisdiction for publicity and have not received any case even if any matter is reported in the media. I am very particular about professional ethics. The civil writ petition pertaining to CCTV installations in polling booths was pro bono and I mentioned the same in morning to get it listed in afternoon. The Court found legal points in the matter and issued directions to install CCTV cameras at Polling Booths with the objective of fair election looking at apprehensions of the petitioner. An advocate being aware of the constitutional and statutory rights of the people and citizens of India, must use its expertise for the welfare of the society. I am impressed by Sh. Mahatma Gandhi, father of nation, the way he used his legal expertise against oppressive law in South Africa and he is being recognized globally for his welfare activities and Indian struggle for independence. Similarly, one should not limit his legal expertise for dispute resolution but work for social welfare and learn from seniors in the profession.
You’ve provided legal opinions for Indian Express Pvt. Ltd. Can you share an instance where your legal advice played a crucial role in the resolution of a complex legal matter?
I have been associated with Indian Express since 2017 and contested their civil matters at District Courts, Ludhiana and Chandigarh and NCLT, Chandigarh. But, I have been specifically engaged by Indian express in 2019, to carry out the thorough legal search and submit a report on the status of the complainant partnership firm as directed by the Supreme Court in a defamation complaint against Chairman, Indian Express pending before Chief Judicial Magistrate, Ambala. On the basis of the report, the Supreme Court quashed the criminal complaint and summoning order issued in 2000 against the Chairman, Managing Director and Editorial Director of the Indian Express Group.
You’re actively involved in legal awareness programs and social welfare activities. How do you believe legal professionals can contribute to the betterment of society beyond their regular legal practice?
I feel it is the duty of every person to contribute to society. So, to repay the debt of what has been gained by me during the course of professional and personal experience, I try to volunteer within my limits and even try to settle the family and personal matters at the pre-litigation stage with honest advice. One can contribute by organizing camps at villages and also by starting lecture series for different stakeholders. Our government needs good legal instructors with bare minimum expenses, therefore, one can apply as instructors/trainers at different training governmental and non governmental institutes or organizations. In the world of the internet, social media is a good platform for necessary legal education. The legal awareness and education should not focus on work procurement but with welfare objectives. Presently, the crime against children is rising and therefore, I feel it is important to sensitize the people with sex education, penalties in sexual crimes. People need to be aware of fundamental duties as well rights because duties are equally important as rights. The most important duty of every advocate is to educate the youth of the nation as most of them, due to physical interaction indulge in activities forbidden by law and destroy their career and life.
Considering your extensive experience, what advice would you give to law graduates who are just starting their careers in the legal field?
The first lesson, my senior taught me that never run for money but work hard, the money will follow you. India is a developing nation, where people need affordable and quality legal assistance. There is no dearth of work and the only precondition is hard mental labor to update oneself with all facts and relevant legal issues. There is neither any shortcut nor scope of smart work in the legal field. Last but not least, honest efforts by lawyers, honest thorough presentation to court and honest updated advice to clients. Honesty, dedication and hard work automatically pay back. Failure does not determine success but the response to it. Therefore, always be ready to learn, unlearn and relearn.
In the end, I am grateful to the SuperLawyer Team for this interview.
Sir, could you share with our listeners how you embarked on your journey in law? What motivated you to pursue a career in the legal field?
Infact, my current profession of being a litigation lawyer is my second avatar as a professional as I started my career as a Scientist/Assistant Professor of Physics at Delhi University and I still consider myself to be a scientist by training and education but a Lawyer by profession. I am a first generation lawyer with no direct or indirect background in Law till I completed my LL.B. My real-life experiences rather confrontation with Law and Law enforcement agencies and my quest for the justice to the common masses motivated me to make my career in Law. During my stint as Professor of Physics, I was quite captivated by the working of certain law enforcement agencies and other government Institutions under the aegis of Constitution of India and the interplay of the Legislature, the Executive and the Judiciary. Post my LL.B. from University of Delhi, I got shortly associated with the office of ASG, Government of India and AAG for the state of Rajasthan at Hon’ble Supreme Court, and thereafter, I started my own independent practice in the year 2012.
My cordial associations and relationships with my seniors at Supreme Court and other Courts helped me a lot in learning and developing the idea of litigation in a short span of time.
From your early career as a Jr. Associate at the office of the Additional Solicitor to become an Advocate-on-Record of the Supreme Court and to your current role as Senior Central Govt. Counsel, Counsel for DDA, Counsel For state of U.P. and several other PSUs including PNB & RFC and being lead and arguing Counsel for few big Corporate Houses like HAL Offshore, McDonald’s, Ultratech Cement, Binani Cement etc, you’ve navigated through different roles. How did these transitions shape your legal perspective, and what key responsibilities have defined your journey?
Though, I had very short stint as Junior Associate in the office of ASG, Union of India and AAG, State of Rajasthan but I had a lot of learning in those offices and that helped me develop basic idea of litigation in a short span of time and with almighty’s grace, I was also able to strike very cordial associations and relationships with my seniors colleagues as also officers of registry at Supreme Court and other Courts. After only 15-18 months of my Jr. Associateship, I got onto my own independent practice because I started getting a few independent assignments based on my basic understanding of Court Ecosystem. However, my relations with my seniors at Supreme Court, High Courts and District Courts/Tribunals helped me in perfect execution of those assignments, thereby getting the intended reliefs. This is how the journey began and since then I have never looked back.
I am practicing as an independent Litigation and Arbitration Lawyer since Aug’2012 at Supreme Court of India, Delhi High Court, Mumbai High Court & Other High Courts across India, DRTs, DRAT, NCLT, NCLAT CCI, CAT ( erstwhile BIFR & COMPAT) at New Delhi.
The key responsibilities include:
Drafting & Vetting of Pleading of SLPs, Writs, PILs, Suits, Original Applications, Securitization Application, Misc. Applications, Service Matter Petitions, Claim Petition, Counter Claims, Evidence Affidavits, Legal Notice, Reply/rejoinders and conducting Civil Trials and Appeals as also Arbitration matters.
Appearing in all Court proceedings before the Hon’ble Justices & Registrars of Supreme Court of India, Delhi High Court, Bombay High Court, CAT, DRT, DRAT, NCLT, CCI, COMPAT & SAT at New Delhi, Kolkata and Mumbai.
Well versed with SARFAESI Act’ 2002, Recovery of Debts due to Banks & Financial Institutions Act’1993, DRT Rules, DRAT Rules, Banking Regulation Act’1949, Banking Companies Act’1970, Companies Act’2013, Insolvency & Bankruptcy Code’2016, SEBI Act’1992, PMLA Act’2002, Information & Technology Act’2000, Arbitration & Concilliation Act’1996, Specific Relief Act, Registration Act, Contract Act, Specific relief Act, Civil Procedure Code.
Vetting of Contracts, Agreements, Licenses, Hypothecation, Mortgage & Conveyance Deeds.
I am regularly appearing and conducting Litigations before Supreme Court of India, High Court of Delhi & Mumbai, DRT- Mumbai, DRT Kochi, NCLT & NCLAT Delhi, NCLT Mumbai, High Court of Calcutta, High Court of Kerala at Ernakulum, High Court of Orissa at Cuttak for my clients. Apart from my appearances before the Courts, I am also representing many of clients in their Arbitration cases at Mumbai and Delhi. I am also a qualified Mediator and am empanelled as Mediator- at Supreme Court of India.
Your profile showcases extensive experience in Civil-Corporate Litigation, Arbitration, and White-Collar Crimes. How did you develop an interest in these specialized areas, and what challenges and rewards have you encountered along the way?
To be honest with you, as a first generation lawyer, you cannot be choosy as you have to run your show and household also. Therefore, during my initial years, I took variety of cases, which ranged from appearing before a Revenue Officer to going to Police Station or Human Right Commission. From drafting of criminal Complaint to drafting of Consumer Complaint. From drafting a Claim Petition for MACT to drafting a Claim Petition for Arbitral Tribunal. Doing almost all the work at Supreme Court/High Court registry myself. Took every assignment irrespective of its pecuniary rewards or forum or rigours with only one thing in mind that each case was learning experience and success at these cases boosted confidence and fostered new relations at different levels of hierarchy. Success in these small assignment perhaps got me noticed by my senior colleagues and few Corporate Heads and the insight, which I gained during these exposures lead me to convince my initial Clients with confidence. I started getting cases related to Banking and Recovery before DRT Delhi & DRT Mumbai and also erstwhile BIFR. After implementation of IBC regime, these cases took me to NCLT & NCLAT. These financial/ banking cases with big exposure values invariably involve criminal aspects of wilful default, siphoning off and diversion the funds, fraud or money laundering. Similarly Property disputes these days have intrinsically some criminal colour in form of forgery, cheating and Service matters may also have flavour of corruption involving PC Act. Thus, despite not exactly planning for venturing into a specific area of expertise, I gradually got specialised into these areas. The best reward and motivation to keep on moving in these areas of expertise was the pecuniary benefits and broad and global exposure to working of various Industries such as Cement Industry, Shipping Industry, Oil & Gas Industry, Minning Industry, FMCG Companies, Banking and Non-Banking Institutions, Event Management Companies, Hospitality Companies etc. However, the challenge is obvious, one needs to extensively study and understand working of each Industry so that one have an insight of practical execution of business in such Industry or Sector, secondly since stakes are high in these commercial matters, therefore there is constant pressure to outperform the routine practitioners and one has to keep toiling, traversing and translating the strategies into court room success.
You’ve represented significant industrial houses and corporations in high-stake litigation and arbitration cases. Could you share a specific case or accomplishment that you consider particularly impactful or challenging in your career?
There is not one or two but rather 4-5 cases, each in different domain of law, wherein my legal mettle along with personal traits of being lawyer was put to test. Out of 5, I succeed in three but lost in two but all 5 cases, I consider as most challenging and which left long lasting affect in my career journey. These cases gave me learning for lifetime and helped me to meta morph into a seasoned lawyer. It is difficult to describe the entire experience in this short interview but in hint, I can say that one matter was an arbitration matter against a big Corporate giant of this Country being represented through battery of senior designated lawyers. But as luck could have it, my grit and determination finally prevailed and the Tribunal went by merit and not by the stature of either the Corporate House or the Sr. Counsel. Another matter was a matter against a Head of top Government Institution, who had entangled a female employee in her service matters ostensibly, whereas in reality it was a criminal matter having contour of POSH and other criminal element. This Officer was being defended by a Sr. Counsel, who was from a family of Judiciary and exuded aura and confidence. Though, we had initial success, however his aura prevailed in later part. Finally our persistence paid and fortunately after 4.5 years this person was booked by CBI and taken into custody but not before we had filed several cases before several forums in 3-4 years unshakingly, unperturbed and undeterred by initial setbacks. The third one relates to a case before CCI & COMPAT, which gave me my entry into corporate litigation and again this was example of purely Out of Box thinking, wherein, we took advantage of legal technical loopholes to save 18.5 crores of rupees and to buy time to properly strategise our bankruptcy filling before NCLT, Kolkata. These instances lead me to believe in the famous saying- ‘ A lawyer never looses- either He Wins or He Learns ! ‘
How do you approach the unique challenges presented by different clients and Industries?
The first and foremost thing, which I do, is to understand and identify the core issue/dispute involved in the given case and the mindset of client and his desired goal. Thereafter, I make a fresh & unorthodox approach towards finding all the possible legal remedies available for the client and devise strategies with precision taking holistic view of the matter to suit specific requirement of the client but at the same time ensuring that each step involving the dispute resolution is in sync with the legal requirements. Most of the time it requires – ‘Out of Box thinking’ and Risk taking. At times, it involves working beyond clock hours and travelling to different cities and interacting with people from different walk of life. To have a clear and succinct understanding of an event or case, I meticulously study each transactions or step involved till arising of the dispute and thereafter take a practical overview of working of that Industry or Office to get nuances and peep into intention of the person or parties behind such transaction or dispute. Once I am clear on this, I devise a multi- pronged strategy to tackle the issue effectively and efficiently. In accordance to the strategy, the steps are legally executed to get the intended result. So far it has given me success@85-90%. I do not believe in misleading a client or over stating before a client and therefore adopt a pragmatic approach towards the dispute resolution. I am a firm believer of settling dispute through ADR mechanism especially in commercial disputes and that also makes a client to trust my bonafide. In order to understand financial jargons, nuances and technicalities with more clarity and in order to empower myself with a knowledge, wherein I could not only answer to the Court Room queries but also to Board Room queries, I did Executive Program in Business Finance ( (EPBF)from Indian Institute of Management, Ahmedabad.
Given your rich experience, what advice would you offer to fresh law graduates who are about to embark on their legal careers? Are there specific skills or mindsets you believe are crucial for success in the legal profession?
Rather than advising, I shall prefer to share my experience which itself comprises of experiences of several associates of mine. Here, I would like to mention three things that I have learnt in the process. Firstly, during the initial phase of your career, give most of your time in learning the methodology of doing things, like how are the things being done. Understand the ecosystem in which we work. Learn and understand what is the ecosystem of the District Courts, the High Court, the Tribunal and the Supreme Court. Nobody can learn that ecosystem in such a short span of time therefore you need to have patience and perseverance and an undying attitude for exploring and learning. You need to understand what is registry, what is court master, what is cause list, what is the interplay of various officers in the court, what is the roster, how is filing done in registry, what is the defect curing technique, what is criteria for listing and how are matters listed and more. People think that every day when a case is listed, it is listed for the argument. No, it is not true. On a given day, a matter may be listed only for limited purpose of notice or for limited purpose of arguments or for a limited purpose of compliance. Therefore, we need to understand as to what is required for us to learn during formative years and than learn them effectively.
Secondly, as a law student or young lawyer, you should try to learn things other than the law itself. You need to read and understand polity, history, sociology, economics and finance but not in theoretical sense but the news part or the part of it actively influencing day to day life. You need to read news, you need to read technology. You need to read several other things more than the core law during these formative years.
Thirdly, as a law professional, your connections and relations with people from several walks of life help you in securing cases and to effectively tackle it. Thus you need to forge and curate your relationships and connections with outmost sincerity and caution during these formative years. Even today, I seek guidance and help from my seniors and my cordial relations with them have helped me a lot in advancement of my career.
In crux, I intend to say that litigation is not just about researching or presenting arguments before the Courts. There is some basic homework which as lawyer you do before arguing your case or presenting your case in the Court on a given date. Now those requisite skills cannot be learnt in the law school but only during your exposure with the Court Eco-system. Moot courts can definitely hone your researching and arguing skills but devoted internships and association as Junior Advocate with right mentor/ senior associate and your personal capacity to grasp things by observing and studying can help you take large strides. Mastering your drafting skills, client handling skills, communication skills and system management, makes you a wholesome lawyer. We, as established advocates always look up for competent juniors with good skills and traits. Learning law in the law school and its application in the real life court scenario with efficiency and effectiveness can help you become excellent litigation advocates of tomorrow. Learning the process and procedure is the key.
Devotion, perseverance and consistency along with right approach will make one sail through it. Ultimately, it is one’s own hard work and patience that pays. Keep on learning each day. Even as an established advocate, I still thrive to learn each day.
Can you share with us your journey into the field of law, from your decision to pursue it as a career to your experience at Hidayatullah National Law University and GGSIPU for your LL.M. and your recent decision to enrol for a Ph. D. program with IIULER?
First of all, I would take this opportunity to thank Superlawyer for this interview and convey my deep appreciation for this endeavour as it could offer your young readers some valuable insights while planning their life around law as a career.
Addressing the first part of your question on deciding to pursue law as a career; I would like to tell you that I was a student of Physics, Chemistry and Biology up to 12th standard; and had no family member into active legal practice, but I think my flair for languages and my father’s inspiration who despite being a serving Army officer ; pursued Law. Since my scoring in languages had remained stable throughout my school career, the orientation classes helped in getting an insight into the field of law. Thereafter, after completion of my 12th Std, I cleared entrance examinations for Hidayatullah National Law University, Raipur (HNLU) and Army Institute of Law, Mohali (AIL) in the year 2003. I decided to continue with HNLU. HNLU was established in the year 2003, and I could become a part of its 1st Batch having passed out in the year 2008. The State of Chhattisgarh was established in the year 2001, so our batch had a unique distinction of being from a new university in a newly established state, which had its own challenges but, it soon turned into opportunities for all my batchmates.
Now coming to the second part of the question; I would like to say that the professional work environment of a career in law is quite dynamic which entails frequent changes in laws, new legislations, delegated legislations etc. I have always believed that life in general and Law in particular is an ongoing process of learning; one needs to keep a tab on new developments to keep oneself updated and the grasp the diversity of knowledge. I, thus, completed my LL.M in Corporate Law from USLLS, IP University, Delhi during 2014-16 and currently pursuing a Ph.D. from India International University for Legal Education & Research, Goa (IIULER), on the topic of ‘Food packaging and food Contact materials’ and its Regulatory & Legal Standards in India’. IIULER is designated as the 1st International University for Law in India and is an initiative of Bar Council of India Trust-Pearl First.
You have a diverse career path, including working with ZEUS Law Associates, KPMG, and the Ministry of Finance. How did these experiences shape your expertise in tax law and advocacy?
Law as a profession has always intrigued me with its depth and ambit and I have always wanted to explore the diverse verticals that it encompasses. During the final stages of college education, drawing inspiration from revered names in law practice i.e. Sh. Nani Palkhiwala & Sh. Harish Salve had both started their respective careers in the field of taxation. I was deeply inspired to take-up tax as a career option despite the general trend being to opt for court practice, corporate practice or capital markets. Despite being involved in matters of significant constitutional issues having national and international repercussions, they are still considered doyens of tax practice. My professional journey commenced with the tax team at Zeus Law Associates, New Delhi followed by KPMG. Both these stints gave me incredible insights into tax as an area of practice coupled with much desired cross-country work exposure. I had also learnt the importance of working with professionals from different disciplines, since it involved working with Chartered Accountants, Company Secretaries, Architects etc. These interactions gave me immense insight into overall working of ‘business transactions’ and added incredible value in my growth as a lawyer. From early part of 2013, I had ventured into independent practice and started to take-up matters in other areas of law in addition to my continued work in tax. Hence, I would encourage young graduates to bear in their mind that life shall always give you avenues to earn and learn. As long as you are able to identify those avenues which can catapult you and enhance your own sense of individuality, you should choose them over anything else no matter what the costs. I don’t intend to sermonise this but, if one were to practically see within the legal profession and perhaps medical profession too, there are no defined career progression or milestones which more or less exists for other professions. It’s all upto an individual about how one intends to lead his life. Hence, as and when one is able to identify an avenue of personal growth, one must prioritise it and seize the opportunity and work towards enhancing one’s skill set. Please understand that, skill set doesn’t really mean ‘legal skills’ alone it also means honing-up ‘life skills’ and can be as simple as one’s ‘ability to listen’, ‘time-management’, ‘language’ etc. It is for a reason that, law as a career lacks any entry age or retirement age as in life there is no specific age or stage for learning.
Could you tell us more about your role in formulating key proposals and legislative drafting for the Ministry of Finance? What were some of the most significant challenges you faced in this role?
I have had the opportunity to work as a Consultant with the Ministry of Finance, Department of Economic Affairs, Govt. of India in 2016-17. This assignment entailed exploring the arena of legislative drafting and policy making for the said Department. This entailed attending stakeholder’s consultation process, undertaking research, preparing notes from legal standpoint, and drafting of statutory legislations, amendments, circulars etc. as desired by the said Department. I can definitely say that it was quite an enriching experience. It gave me a bird’s eye view regarding the functioning of various securities laws in India and how policy making by the Departments tries to respond to challenges and concerns faced by the stakeholders and the public at large.
Co-founding Integricon Consultancy Services (ICS) is a significant milestone in your career. Can you share the motivation behind starting ICS & ILO and how it has evolved to offer comprehensive consultancy solutions?
The basic idea behind ICS is to bring the concept of seamless cross-practice experience to clients. As a result, myself and two other partners were able to establish ICS in the year 2020 as a one stop consultancy service solution for clients. So as to provide these consultancy services, we have a bouquet of professionals from myriad walks of life viz., bureaucrats, lawyers, chartered accountants, cost accountants, economists, engineers, technocrats and company secretaries. ICS engages with various Companies, PSU’s etc. for meeting their consultancy, research and training needs.
In addition to the same, we had established Integricon Law Offices (‘ILO’) as a full-service Law firm for legal services and as a think tank for research and legal services. The think tank works on various vacuum areas of anticipated legislation world over and elucidates various situations from a legal standpoint involved. On the legal services side, the ILO focuses on litigation practice, corporate practice and tax & regulatory practice. I personally look after the tax and regulatory practice including Food Safety and Standards Act, Legal Metrology Act, NMC Act & related Rules etc.
As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are just starting their careers in law? What skills and strategies do you believe are essential for success in the legal profession?
All fresh graduates should journal their life and professional experiences. This would not only assist them to traverse through a career in law but also make them mindful of their respective professional/ life environment that they are a part of. This would allow them an opportunity to evaluate their respective strengths and weaknesses. Law offers myriad career choices. Thus, in addition to these career choices, a graduate should also try and develop a sectoral focus by integrating technical knowledge and expertise and not merely restrict to the nature and kind of work coming their way. After all, apart from professional journey it’s a life journey as well hence, both needs separate prioritising. In a lighter vein, I can only say that in this world of T20 cricket, a career in law practice is a like that of a Test Match wherein after surviving a few testing sessions the playing conditions are bound to get better. Hence, it’s all about staying put on the crease while trying to be the best player version of oneself alongside.
It is famously said about lawyers that they have this unique capacity to do what common people might find boring. Therefore, so as to answer your question, fresh graduates who are at the stage of commencement of their careers need to really hone up their capacity to pay attention to details. Moreover, no work should yield satisfaction unless there is an internal assessment of whether one has performed to the best of their capacity on a given day. Late Nani Palkhiwala had mentioned that, graduates coming out of law colleges should not be ‘ethical literates’ and they should inculcate a greater sense of understanding about public good hence, it is important for graduates to develop a public character while pursuing a career in law.
For the lawyers/ young law graduates who aspire to take to court practice, my only advice is to be a keen practitioner who can challenge and alter his/her own thought process every day on settled legal propositions as per human and societal needs because that helps civilisations grow into a certain direction. Also, I appeal to the young lawyers to have an empathetic and humane approach with integrity towards the downtrodden and poor litigants for whom lawyer is the only hope to fight for justice for him/her.
In the end, I would like to once again thank Superlawyer for their initiative which has afforded me an opportunity to try to put my perspective on law as a multifaceted profession before the younger lawyers of the country.
Pratiksha, it’s a pleasure to have you with us. Could you start by introducing yourself to our readers, giving a glimpse into your journey from law school to becoming an Advocate on Record at the Supreme Court of India?
I graduated from the Army Institute of Law in 2015. I began law school with the idea of venturing into the corporate/transaction side. However, during my early internships I realized that I enjoy litigation and foresee myself practicing in courts. This was largely because of the mentors I came across during the course of internships and, my senior and very close friend from college, Niyati Kohli who really encouraged me to pursue litigation.
I started my career at the chambers of Mr. Balaji Srinivasan, Advocate on Record where I got the opportunity of independently handling matters before the Supreme Court and a variety of other forums such as the TDSAT, NCLAT and the NCDRC. The professional guidance and moral support I got from Mr. Srinivasan helps me with my work even today. I must also mention that I had a wonderful set of colleagues at the chamber with whom a 7-day work week never felt burdensome.
Having worked at an AOR Chamber, appearing for the AOR exam had always been a priority. By the time I became eligible and appeared for the exam, I was at Khaitan & Co. Apart from everything else that goes for any other exam, appearing in the AOR examination also entails handling the pressure of the preparation process, alongside the responsibility of your regular practice. In my case, this entire process was relatively easier because my husband was also appearing for the exam the same year.
You’ve had an impressive career at Khaitan & Co. Can you share some pivotal moments or cases that shaped your journey and defined your focus in areas like IBC litigation, commercial and civil litigation, and arbitration?
I joined the Delhi Office of Khaitan & Co after completing 3 years at Mr. Srinivasan’s chamber. Thanks to the firm and my seniors, Mr. Diwakar Maheshwari and Mr. Karun Mehta, I have had the chance to work on some extremely challenging and nuanced propositions. I got to contribute to several high-stake IBC disputes almost immediately after joining the team. Over five years of working with the firm have given me the opportunity to interact with and represent a variety of clients. One of the most valuable lessons I have learnt is the importance of understanding the commercial objective behind a litigation and coming up with a solution to achieve the same.
My expertise in areas of IBC litigation, commercial and civil litigation, and arbitration, essentially came from the work that has come my way during my time at Khaitan and Co.
Your practice involves a wide array of legal areas, including IBC litigation, commercial and civil litigation, and arbitration. How do you manage to balance such diverse responsibilities, and do you have a favorite among these areas?
Irrespective of the subject matter, the way one approaches a case is largely the same. Having said that, the procedural law followed in an IBC proceeding, an arbitration and a civil suit is very different. The style and structure of the pleadings differ from fora to fora as well. For example, a plaint/arbitration claim is starkly different from a petition under IBC which is largely as per a prescribed form.
I work with an extremely competent team of lawyers and support staff from the firm. They make managing the volume and diversity of work much easier.
I do not have a particular favorite area of work. I enjoy the pressure that the stakes of an IBC proceeding inevitably brings. At the same time, I find the process of initiating a suit/arbitral claim and seeing it through to its logical end extremely fulfilling. The rush of adrenaline that follows a good cross-examination is unmatched. As I have said earlier, I have been fortunate to have been exposed to a gamut of work. I hope that the same continues in the future.
As someone who has represented clients in insolvency proceedings, could you share an interesting or challenging experience that stands out in your career so far?
IBC as a legislation has been extremely dynamic and fast-paced. There have been numerous cases where amendments to the law have been introduced having completely altered the course of a matter overnight.
Another great thing about working on a relatively new subject is that you get to test innovative propositions which have not been examined by the Courts before. I have found it extremely satisfying when arguments based solely on the reading of provisions of the IBC have been canvassed by us and accepted by the Court. The chance to contribute to the development of new jurisprudence in this manner has been both – the most challenging and the most fulfilling experience in my career thus far.
Looking ahead, what are your aspirations for the future, both professionally and personally? Are there specific areas of law or causes that you are passionate about and would like to contribute to in the coming years?
Professionally, I hope to be able to continue doing good work and turn out as a well – rounded and reliable professional for my clients. Having worked on the commercial side for 7 and a half years, I hope to be able to make time for taking up pro-bono assignments in the future and to be able to somehow contribute to society.
On the personal front, it has always been an endeavor to maintain the right work-life balance and make time to pursue some hobbies outside work.
Beyond your legal pursuits, do you have any personal interests or hobbies that play a role in maintaining a work-life balance? How do you manage the demands of a challenging legal career while nurturing personal well-being?
I have always enjoyed participating in physical activities such as swimming, running, boxing etc. I believe that taking care of your physical health, in a way, helps you also take care of your mental health. Setting aside, a few hours in the morning before work for exercise helps me decompress and prepare for the day.
For aspiring lawyers entering the field, given the competitive environment and long working hours what advice would you offer?
There are no shortcuts in this profession. It is extremely important to keep your head down and continue working hard at every stage of your career. Given that we spend most of our time around people we work with, it is essential to be inclusive and have a good equation with colleagues. Like I mentioned earlier, having a good team around you effectively reduces the stress of the long hours one has to put in.
Sir, can you share with our listeners how your journey into the field of law began? What inspired you to pursue a career in law, and how did your early experiences shape your decision to become an Advocate on Record?
When I completed my law in the year 2023 I had decided to pursue my career as a lawyer so initially I started my practice from the Lucknow bench of the Allahabad high court in 2003 till 2006. After that in July 2005 I joined the chambers of senior Advocate late Shri R K Jain. To start your career in the field of law one has to have a good senior who acts as a mentor. Learning law is also similar to learning about life. If one has to practice in the Supreme Court, a lot of dedication is required.
Having completed your B.A LL.B (Hons.) from Aligarh Muslim University, could you highlight any specific aspects of your education that you believe significantly contributed to your success as an advocate? What motivated you to enroll in the Bar Council of Uttar Pradesh?
In order to practice law a student has to work on certain subjects such as IPC CPC CrPC, Evidence Act etc but most importantly one has to thoroughly read a newspaper. The law page is the most important. The availability of a large number of cases and overload on judiciary motivated me to enroll in the Bar Council.
You started your practice as an advocate in the High Court of Delhi and the Supreme Court of India. Can you share some memorable experiences from your early years, including the types of cases you handled and any significant challenges you faced?
To practice in Delhi High Court and the Supreme Court one has to be punctual and secondly good command over English language. As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage. I have a lot of experience in civil cases because of the interest. The challenges include adapting with the new age technology and striving for perfection with each amendment.
Your profile mentions handling matters in various domains, such as criminal, service, civil, and constitutional law. How did you navigate the diverse legal landscape, and were there specific cases or areas that you found particularly intriguing or challenging?
It is never easy to choose a particular field. In my case, I was fortunate enough to gain experience in diverse types of laws and ultimately, I understood that all of them are equally important. As far as the challenges are concerned, civil law as well as criminal law pose a lot of challenges in college years.
You’ve worked with notable legal figures such as Late Mr. R.K. Jain and Mr. P.C. Hota, as well as with organizations like the Yash Birla Group and Karims Mughlai Foods. How did these collaborations influence your professional growth, and what lessons did you learn from working with such experienced individuals and entities?
All of them have had a great impact on my overall development. Professional growth is a slow and steady process, and it would be wrong to give all the credit to just one organisation. We keep learning through the way. The only lesson that keeps me going is that nothing in life comes easy, irrespective of the field of law chosen.
Your work experience includes associations with companies like Lemon Entertainment Ltd. and Shambhu Technology Services P. Ltd. Could you share insights into how your legal expertise was applied in the corporate context, and what unique challenges did you encounter in these roles?
Corporate law offers a plethora of opportunities. When I started practicing, it was never a goal to become a corporate lawyer. Based on the opportunity, I learned a lot about Contracts and other aspects of corporate law. As such, there have been no unique challenges but deep learning all the while. I then apply the learning in upcoming cases to solve them in a more comprehensive manner.
You’ve appeared in various tribunals, including the Central Administrative Tribunal and National Green Tribunal. How does advocacy in these forums differ from traditional court settings, and what skills do you consider crucial for success in specialized tribunals?
Contrary to popular opinion, the nature of work remains the same. It is just that the tribunals have a more streamlined process and the cases are disposed of quite expeditiously. Critical thinking skills will help in the long run, for people who wish to pursue a career on this path.
Drawing from your experiences and achievements, what advice would you give to law graduates who are just starting their careers? Are there particular principles or strategies that you believe are essential for success in the legal profession?
Everyone has their own fields of interest. My only advice would be to give your 200% in everything, even in petty cases. It will shape you as a lawyer and definitely make you a better thinker. There are no particular principles, since law is not just a subject but a way of life. All law graduates should try to imbibe everything they hear about the latest laws, for a successful career in any aspect.
Could you please walk us through how you initially decided to pursue a career in law, and what motivated you to specialize in Intellectual Property (IP) Litigation?
As a first-generation lawyer, I leaned heavily on mentors to guide my path. Initially, my academic inclination was towards science during my 11th and 12th standards. However, an unexpected meeting with a seasoned lawyer (who turned out to be my first mentor in the field) at a family gathering shifted my perspective. He illuminated me on the vast horizons and multifaceted opportunities that were offered by the legal profession (beyond its cliché portrayal in popular media).
While law school introduced me to a plethora of intriguing subjects, it was Intellectual Property (IP) that resonated the most with me. A defining moment came during an internship when a senior partner posed a thought-provoking question: “Why specialize in IP?” My response: “If it is not new or novel, it is not IP and if something is new or novel on every turn, it is always interesting and worth specializing in”.
Further fuelling my interest were dedicated professors, particularly in IP and CPC, who recognized and nurtured my enthusiasm. Their encouragement and insights solidified my decision to specialize in IP Litigation.
Your career has taken you through notable firms like Remfry & Sagar, Khurana & Khurana, and now Shardul Amarchand Mangaldas. Could you share the pivotal moments and experiences that shaped your journey in the field of IP law?
Every step in my career, from drafting my first legal notice to my first court appearance, has been a significant learning opportunity. One particularly memorable matter involved a client alerting us about an imminent shipment of counterfeit goods destined for India within just two days. The urgency of the situation warranted immediate actions: identifying the shipment, liaising with Indian Customs offices, and swiftly filing a lawsuit seeking injunctive relief in Court. Those intense 48 hours, while challenging, imparted invaluable lessons in handling time-sensitive IP matters.
Working at a full-service law firm like Shardul Amarchand Mangaldas has further enriched my professional journey by providing me an opportunity to work and interact with experts from diverse legal domains. This experience has further honed my ability to perceive and cater to client’s expectations from a holistic standpoint.
Having handled diverse aspects of IP, from drafting pleadings to appearing before various courts and tribunals, what aspects of your work do you find most challenging and rewarding in the realm of IP litigation?
Legal profession is a continuous journey filled with multiple learning opportunities. Reflecting on my early internship days, I recall discovering quicker methods to navigate court files during time-sensitive situations. Drafting intricate pleadings in complex cases was initially daunting during my early professional years. I vividly remember the apprehension of my first solo court appearance; the nerves were palpable. However, with each challenge encountered, I recognized them as important learning milestones that made me the lawyer I am.
In the realm of litigation, the most rewarding moment is undoubtedly when a favourable order is pronounced. All the hard work and preparation culminating in a successful result is profoundly gratifying.
Your profile mentions engagement in business development activities, including client meetings and conferences. How do these activities contribute to your professional growth, and what role do they play in enhancing your practice in IP litigation?
Engaging directly with clients through meetings and conferences is fundamental in any client-centric profession. It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions. Through these interactions, one can gain deeper insights into the challenges clients face, especially in IP disputes.
For example, while some clients might prefer a more diplomatic approach to resolve IP disputes through legal notices or mediations, others might seek immediate legal action to safeguard their IP, perhaps on account of the potential impact on their business. By actively participating in such engagements, one can better align their strategies and advisory to suit the unique requirements and preferences of each client, ensuring a more effective and personalized approach to IP disputes.
You’ve conducted training sessions for clients on IP laws. Could you elaborate on the importance of client education in the field of IP and share any specific challenges you’ve encountered in helping clients navigate intellectual property issues?
Often, the primary focus of clients is on business growth and revenue generation, sometimes overlooking the critical aspects of IP protection. For instance, we have often seen clients approach us to enforce their design registration, only to later discover that they’ve been using the design for years prior to filing the design application. In such cases, we have to inform them that their design registration might be vulnerable for cancellation due to prior self-disclosure. In these situations, design registration certificates may be nothing more than a toothless paper.
This underscores the vital role of client education. By proactively educating clients about the nuances of IP and the associated timelines, one can prevent potential pitfalls. It’s essential for businesses to recognize that robust IP protection is integral to their long-term success.
You’ve appeared before various specialized tribunals and high courts in India. How does your approach differ when dealing with IP matters in these forums compared to more traditional court settings, and what skills do you consider crucial for success in such specialized areas?
In specialized IP forums, there’s a heightened awareness and appreciation for the technicalities revolving around the field of IP, which often results in more streamlined communication and understanding of complex issues. This environment is conducive for IP practitioners, making it important for them to remain updated with the latest developments in the IP landscape. Unlike traditional court settings, specialized forums demand a deep understanding and familiarity with both domestic and international IP trends. Therefore, staying abreast of advancements in IP not only enhances an IP lawyer’s credibility but also equips them to leverage the unique opportunities presented by these specialized forums.
Your academic achievements include gold medals, debate/moot wins, and publications. How has your academic background contributed to your success in the legal profession, particularly in the specialized field of IP law?
During my time in law school, every academic experience was crucial for learning skills that are requisite for becoming a successful lawyer. Participating in debates and challenging moot court sessions didn’t just help me in honing my oratory skills but also taught me how to work in a team. On the other hand, writing research papers on interesting IP topics deepened my understanding of the subject at a jurisprudential level.
While I didn’t realise it then, each activity wasn’t just an academic exercise or an assignment, it was a step towards understanding the legal world that was awaiting after 5 years of law school.
Drawing from your experiences, what advice would you like to share with law graduates who are just beginning their careers, especially those interested in pursuing a specialization in IP law? Are there any lessons or insights you wish you had known when you started your journey?
Of late, IP practice has become more lucrative and is attracting numerous law graduates to specialize in this domain. While the rewards of this practice are undeniable, I believe it is important for law students and young professionals to determine if the subject truly resonates with them. Engaging in IP internships or dedicating time to study and write about IP can offer some clarity in this regard.
Reflecting on my early days in the IP practice, I recall focusing all my energy in understanding the developments in and around the field of IP. While this approach enhanced my understanding of the subject, I inadvertently overlooked developments in fields outside of IP. Over time, I realized the value of maintaining a balanced perspective, acknowledging that while specialization requires depth, a holistic understanding of law across domains is invaluable.
Can you share with us your journey from college to becoming a Senior Partner at MZM Legal? What motivated you to pursue a career in law and specialize in white-collar crime solutions?
At the very onset, I firmly believe that my odyssey from a naïve lad residing at Nasik, Maharashtra to donning the hat of a Senior Partner at a high-end full-service law firm cannot be left at the mercy of a sole question but I shall endeavor to provide a rather satisfactory answer to the best of my capabilities.
I took to law because I had the privilege of being in close quarters with Mr. Majeed Memon, a noted criminal lawyer, who requires no introduction. It is pertinent to mention that his court craft coupled with his zeal to be an instrument of change in the lives of his clients prompted my conscience to emulate his persona. I still harbor memories of his colloquies which inspired confidence in me to join the Bar and fight for the cause of justice.
I graduated from Pune University in the year 1999 and immediately joined the esteemed chambers of Mr. Memon with the intent to learn the ropes and acquire expertise of sorts in criminal litigation. Criminal Law has been a constant source of my excitement and the idea of taking on the mighty State, which is equipped with resources to the brim, has motivated me to put on my robes and march to the Court with the Constitution on my sleeves. I was fortunate enough to assist Mr. Memon in some of the most high-profile, “talk of the town” matters which helped me shape my personality, both personally and professionally.
As they say, change is the only constant, and the world of crimes has transformed with the introduction of white-collar offenses that demand a unique modus operandi along with a position of power. Our legislature responded by introducing de novo laws in anticipation of curbing the growing tendencies amongst government officials to indulge in bribery. A couple of years down the lane, criminal litigators had to embrace anti-money laundering laws as well. A peculiar facet of a white color offense is that it is not victim specific and the repercussions of such an offense can transcend geographical boundaries. The overall economy of the country takes a toll, and the Hon’ble Supreme Court of India has time and again equated financial crimes with terrorism.
MZM Legal is widely recognized for its expertise in white-collar crime solutions. How do you see the landscape of white-collar crime evolving, and what challenges and opportunities do you anticipate in the coming years?
White Collor Crimes have evolved as an independent practice area that requires niche expertise and we take pride in being the very first flag bearer as far as the said practice area is concerned since 2005. As a White-Collar Crimes practitioner, one is expected to survey a host of documents, after having conducted detailed interviews with the client. For instance, in a mandate pertaining to corporate embezzlement, we conduct an array of interviews with the top management and the employees of the subject company, undertake forensic investigation, if required, with the object to establish the modus of the erring employee. After having done our homework, we prepare a complaint to be placed before the appropriate authority in anticipation of a thorough investigation. Further, we are also expected to subject matter experts, not only in criminal law, but also in corporate laws, securities law, etc. to advance a well-rounded strategy for our clients. A White Collor Crimes practitioner should have a commercial bent of mind and should also understand the nuances of running a business to decipher irregularities in the books of his clients.
With the advent of technology, we are on the cusp of venturing into the unknown, as White-Collar offences become more sophisticated and challenging to say the least. However, the Investigating Agencies are also expected to keep up with this change and adopt continual training methods to ensure that their officers are abreast of relevant developments.
MZM Legal has received numerous accolades and awards. What, in your opinion, sets MZM apart in the legal industry, and how has the firm maintained its reputation as a market leader?
For starters, we are a young law firm (18 Years old) which is well endowed with the capability to adapt to the changing demands from the industry. We are always on the lookout for fresh talent that would bring in a new perspective on the table. We expect all our lawyers to contribute to the success of a mandate and your seniority at the firm is hardly of any relevance and is curtailed to our visiting cards. It should also be noted that under the dynamic leadership of our Founding and Managing Partner, Mr. Zulfiquar Memon, we have strong relationships with leading lawyers, Senior Counsels domestically and Solicitors and KCs internationally.
We believe in nurturing and promoting home-grown talent with the intent to bolster their growth and to ensure that they transform into market leaders of tomorrow. We encourage the philosophy of hitting first, hitting hard, hitting quick and hitting often to secure the interests of our clients.
In the realm of international exposure, what challenges do you find most intriguing when dealing with cross-border disputes, and how do you navigate the complexities involved?
A cross-bounder dispute comes with its own set of unique challenges. We are expected to read up on the law of a foreign land, that might not even be a common law country to begin with. We are also expected to liaison with foreign attorneys, working on a different time zone, to expedite judicial processes. It should also be noted that what might work in India might not work in the subject country and that is where we engage local talent to assist in traversing uncharted territory. We are also expected to be through with the law on extradition, FCPA, UK Bribery Act, MLAT, International Conventions and treaties between the countries. There is always a cross-referencing understanding between us and our international legal counterparts. Having said so, we are on their speed dial when they face any issues in India where we have exceeded their expectations in terms of delivery.
In your 24+ years of advocacy experience, what are some key changes or trends you’ve observed in the Indian legal system, particularly in the realms of white-collar crime and dispute resolution?
Ans: As a hardcore defense attorney, I must mention that I have observed a stark departure from general tenants of criminal law when it comes to analyzing and scrutinizing the newer breed of legislation. For instance, the rigors of twin conditions under special legislations to secure bail have reduced the grant of bail to an exception. Investigating Agencies have garnered unbridled, unfettered, and unabated powers through legislative and judicial intervention wherein personal liberty of the accused goes for a toss.
We need to account for novel, innovative and shrewd methods being deployed at the behest of the accused to commit financial crimes. As Lawyers, we are expected to be best friends with technology, not only to understand such nefarious methods but also to explain the same to a Judge.
As far as dispute resolution is concerned, the growing demand and acceptance of Alternative Dispute Resolution is a welcome change which prevents docket explosion and is also a much faster and cost-effective means to settle disputes outside the Court.
As a senior partner, you’ve been involved in some of India’s most complex investigations. Could you highlight a particularly challenging case and share how you and your team navigated through it successfully?
This question takes me back to my first day in Court. I had the privilege of wearing my band and my gown for the first time, on my first day at the Bar and under Mr. Memon’s instructions, I had to appear before the Court of Justice Rajana Desai at Hon’ble High Court of Bombay to pray for an adjournment on account of personal difficulty of my senior.
We had filed for bail for our client, who was accused of attempt to murder. Fortunately, I had read the file and the Hon’ble Judge insisted that I argue the matter. I would like to bring to the knowledge of all my young readers that those were the days where the goddess of technology was yet to bless us with smartphones, equipped with multiple messaging platforms which would have facilitated instant communication with my seniors.
I cliched my toes and initiated my arguments. After some time, Mr. Memon walked in but to my surprise, the Hon’ble Judge instructed Mr. Memon to permit me to finish my arguments. Here I was, who was not only arguing a matter when the instructions were to seek an adjournment but had the “audacity” to continue even when my senior was in attendance. To me, this was “double jeopardy”.
By God’s grace, the Hon’ble Judge was pleased to grant me bail and also commented that she would not have granted bail to my senior, had he argued the matter. To this day, the said memory functions as an instant confidence booster for me.
Outside of your professional life, what are your personal interests or hobbies that you find rejuvenating, especially considering the demanding nature of your work?
Well, as a litigator, I am always on duty. The nature of assignments on my work table warrants a round the clock availability. However, I enjoy working out and tend to spend more time with my family. I also enjoy travelling international as and when my schedule permits. I have a knack for exploring new cultures and meeting new people.
Is there a particular aspect of your journey or a recent achievement that you’re especially proud of and would like to share with our readers?
I started this journey with a meager salary of INR 5,000/- in a city like Bombay. By the grace of God, blessings of my parents and well-wishes of my seniors, today I cater to national and international clients and appear before various High Courts and the Supreme Court of India on a regular basis.
I had the privilege of appearing along with Mr. Memon for Mr. Anna Hazare’s PIL concerning Telgi Scam before the Hon’ble High Court of Bombay wherein the Hon’ble Court was pleased to order the arrest of the then Commissioner of Police, Bombay. We also appeared in the Namdeem Saifi’s extradition case where the Government of India was directed to pay One Million Pounds to our client towards Costs while refusing the request of his extradition. Do recall my answer to Q.1 where I talked of taking on the State for context.
As an expert in litigation and alternative dispute resolution, what advice would you give to aspiring legal professionals who aim to excel in these areas, considering the evolving landscape of the legal industry?
Rome was not built in a day. Behind every overnight success there is twenty years of hard work. Also remember the three “I” s which are essential for a fruitful career in litigation, namely Intelligence, Industry and most importantly, Integrity.
