I belong from a small town Ajmer, Rajasthan, my father is a lawyer in the same town, and I grew up watching him dress in black and white attire every day. We have a small office in the home where the clients used to come and share their cases in his office. Listening to them hiding behind the doors and watching my father helping them in every possible manner would always attract me towards this profession and here I am.
You graduated from M.S. Ramaiah College of Law, Bangalore in 2013. How does it feel being from (Non NLU) Law college – could you share your experience with us.
Before joining this college I did give entrance exams of various National Law Colleges in 2007 (as CLAT was introduced in 2008) but was not selected in any.
It was late mid-June when almost all the college admissions were closed and after rejections from all the national law colleges, I chose to travel alone by train from Ajmer for almost 42 hours to reach Bangalore in search of a good college.
I made a list of reputed law colleges and decided to visit each one of them to try for a seat. The first on the list I visited was M.S. Ramaiah College of Law. At the entrance of the college, a big board was fixed displaying “admissions closed”. Not to lose hope I still managed to push myself and enter into the building walking towards the administrative room. I swiftly entered the room where the manager had just ended a landline call by putting the receiver down and in a low voice I said “I want admission”. I was told to wait and have a seat, while the administrative persons had a meeting among themselves. After some time I was told by the manager that 80 seats of this academic year are full, however, a moment ago one candidate refused to join and now we have a single seat, are you carrying all your documents with you and the rest is history. This is the day when I learned the value of at least giving it a try and not giving up.
It is true in today’s life various offices and firms judge based on the name of colleges, however, I would like to add that in my opinion being from NLU or non-NLU College does not make much difference, if you are sincere and are passionate about your work. In fact, being from Non-NLU in my case had only benefitted me for making me strong enough to face the challenges of a litigating lawyer as a career.
Not being the icing on the cake will only make you the bottom part of the cake which is hard and filling, meaning thereby stronger and in a way fruitful for your future if you want to pursue a career in litigation which is itself full of challenges. A will to learn and zest for life will never depend on what college or institute you belong to. Face the challenges and enjoy the journey.
You graduated, Coming from a small town then working under an Advocate-On-Record at the supreme Court of India to becoming Yourself an Advocate-On-Record, How was the journey?
Being a lawyer is not easy, it demands lots of hard work, dedication and devotion. Especially, when you do not belong to this city that is in itself challenging. You have to live away from home starting from scratch. It almost seems like a never-ending struggle. After my graduation, I came directly to Delhi and shared a flat with my immediate seniors at Law College who were kind enough to give me some guidance.
I worked at various law offices where I was fortunate to be given the responsibility to handle matters individually. I used to draft, type and prepare it for filing and thereafter visiting courts for filing, everything right from:-
page numbering,
attestation,
notarizing,
court fees
Photocopies etc,
waiting in the queue for submission of the case at filing counter
curing defects
getting it listed and
arguing before the court
While deciding a case in the court of law there is an abbreviated form of Latin Maxim de minimis non curat lex, “law is not concerned with small things.” However, in the practice of law, it works the other way round .i.e. “the practice of law is concerned with each and every small thing”. Until and unless you learn how in litigation the small and minute things work you will find it difficult to deal with major things.
While digging the ground I never stopped looking at the sky. At the Supreme Court, I used to sit inside the court watching the proceedings in and out, observing the Hon’ble Judges their reactions and how learned advocates and senior advocates argue their cases and present themselves before the Court. Making notes, and learning the process and it is only a decade into 2023, with never to stop trying attitude and as they say “When there is a Will there’s a way” I cleared my Advocate-on-Record Exam.
Your work involves a mix of civil, criminal and corporate matters. If you had to choose, which type of case do you find more thrilling and why?
As recently Hon’ble Justice L. Nageswara Rao said:
“There Is No Profession Thrilling Than Legal Profession”
Well practice of the Supreme Court does require mixed knowledge of every subject, there is a CASE LAW paper in AOR Exam where one has to study all case laws around 64 judgments right from KESAVANANDA BHARATI SRIPADAGALAVARU VS. STATE OF KERALA & ANR. (Doctrine of Basic Structure Case) or LALITA KUMARI V. GOVTOF UTTAR PRADESH (Registration of First Information Report) to INDORE DEVELOPMENT Vs. MANOHAR LAL (Land Acquisition Case).
Either Civil, Criminal or Corporate matters, the recipe is the same .i.e. mastery of facts, relevant statutes, research, and application of law/judgments, only the taste changes .i.e. the result.
The thrilling part is not the subject, but the journey and the relief for which the client has engaged you and trusted you with the responsibility of seeking justice. When you give your best in the matter and present your true capabilities, knowledge, ideas, and skills of your experience, only then the whole process right from the first meeting with client up to the final argument stage the journey as a whole will thrill you and no matter what the subject is, your inner soul will always give a sign that yes you have done something worth for.
Balancing a career as an Advocate-on-Record with various high profile cases, you must have some unique strategies for managing stress. What do you do outside of work to unwind and recharge?
I am a son, a husband, a brother, and a friend. I am an old-school guy, I love being close to nature which keeps me calm and soothing and I also love to spend time with my family. Whenever I get time I travel back to my hometown and spend most of the time with family. In the morning I do give time to myself for at least 20 to 30 minutes, where I practice yoga, stretching, meditating, and gardening and relax with myself.
In my opinion, there are no unique strategies for managing stress, in reality, there are not any because the simpler you live the simpler your life will be. In these hectic times of the world, people have stopped realizing that we work to stay away from these so-called words like stress, tension and problems etc., so how come working would give you stress. I am not denying that these issues don’t exist but once you are doing your work with true passion and dedication and have opted for the right profession that keeps you motivated you will automatically ignore the unwanted things in your life and would focus on improving yourself every single day.
Being an Amicus Curiae in a service matter is an interesting role. How is the experience compared to your usual courtroom battles?
Well, it is a privilege and a great honour to be appointed as amicus by the Hon’ble Supreme Court of India and I am fortunate enough to play this role in my small legal career. As the Service matter is still pending consideration before the Hon’ble Supreme Court it would not be possible for me to discuss it.
However, in comparison to usual courtroom battles, there is definitely a different sense of pride within you when the court recognizes you and shares the burden of responsibility on your shoulders. As an amicus you have to act as a “friend of the Court” and your endeavour must be to guide the court with all the facts and laws to reach every possible way of finding the right solution both for the Court and the litigant.
Your journey involves work with a diverse range of legal matters. If you were to give advice to your younger self starting in the legal profession, what would it be, considering both the professional and personal aspects of your career?
OBSERVE THE COURT:-
I still remember in my initial days I attended a chamber matter before Hon’ble Mr. Justice Amitava Roy. My matter was listed as Item No. 12 and all the matters that were listed were for the reason of not curing the defects, for that reason the matters were pending in the registry.
During Item 1 to 10, I observed that in every Item Your Lordship was asking how much time you need to cure the defects and the Advocates were asking for 6 weeks, some asked for 4 weeks or 3 weeks time, the court was strictly taking Action against the advocates for not curing the defects timely and in almost every matter your lordship were passing order “as a Last opportunity counsel is given 2 weeks to cure the defects, failing which the Special Leave Petition will stand dismissed”
In item 11 your lordship had again asked “how much time” counsel replied “4 weeks”, and the Court said “2 weeks and failing which the Special Leave Petition will stand dismissed” with a comment “pull up your socks”.
When item 12 was called out I walked towards the desk and was asked by Your Lordship “Yes sailing in the same Boat, how much time do you need” I replied It is my fault for not curing the defects timely and I leave it to my lords any time as would be directed I would cure the defects” and in response, an order “6 weeks’ time granted to cure the defects”, without any condition of dismissal.
In short, it is very important to read the mind of the court and decide in what manner you can drive the court in your favor.
BE PATIENT:-
My message to the readers is: Be patient, and be diligent as this profession does not give any overnight success stories. This profession sometimes also demands sacrifices, as I can relate with those who come from outside the city in the hope of fulfilling their dreams, “you might lose many things but believe me you will achieve everything”. In the end I can only share the slogan by Great Swami Vivekananda:
Can you share a bit about what inspired you to pursue a career in law and how you ended up specializing in Intellectual Property Rights?
As an adolescent, I was actually always inclined towards joining the army as I was fascinated with the uniform and the discipline that comes with it. I had plans to go to Rashtriya Indian Military College (RIMC) for schooling but fate had other plans and that took a backseat as I grew up. As time passed, I had a young man’s realisation that I was soft spoken but always wanted to put forth my point. Being a lawyer, I felt, would give me an opportunity to channelize this desire. Being a lawyer at that time, or so I thought, meant being aggressive. I had a different view though. I thought that if I blend two extremes I would rather grow as an individual. So to answer your questions, it was my desire to grow as an individual that inspired me to pursue law. As a first generation lawyer, I did not have anyone to look up to and follow the same path. Since my first day in this profession, I was more than happy to wear different hats and try out different fields of law. Having said that I was always interested in the litigation part of the profession because, as I said, my opportunity to grow as a person would, at least in my mind, come when I was appearing before a judge and thinking on my feet. While I was exploring different fields of law, one of my seniors in my early days, from whom I have learnt a lot, had specialization in IPR and gave me opportunities to explore the field.
Beyond the courtroom, we hear you’re quite the legal wordsmith. What inspired you to start writing legal articles, and do you have a favorite topic you’ve covered so far?
I was told in the beginning of my profession that litigation has three basic pillars which are drafting, research and appearance before the courts. Fromday one, I had an inclinationtowards drafting part of the profession and was always interested in writing. My seniors always pushed me to write articles as they always said that articles are the best way to reach people and educate those who are not from legal background. It is also a marketing tool. You can never pick one topic, but my idea of writing articles is focusing on the basic principles of law which are easy to understand from a layman’s point of view.
Your expertise spans a wide range, from Intellectual Property Rights to general litigation. If you had to choose one area of law that you’re most passionate about, which would it be and why?
I may get criticized for this but it will be unfair to choose one area of law. My passion lies where the client’s need is. If a client’s need is initiating an arbitration proceeding, I would have to go with that. If the same client wants to file a criminal complaint, it is my duty to pursue that recourse as well. But before going into different domains of law, the most important thing is to gain the trust of the client by giving the client the desired results. Having said that, it impossible to cater to every need of the client and you need to broadly identify your strengths. Since you have put the “passion” question, it would be safe to say that the commercial side of the profession whether it is a commercial suit including IPR or any branch of it like arbitration or white collar crimes interests me the most.
Being in this profession for the last 10 years and being associated with Vaish Associates since 2018, you’ve seen the legal landscape evolve. What do you find most exciting about the current legal environment, and are there any upcoming changes you’re particularly interested in?
Needless to say that the legal profession is ever growing. The current legal environment is more commercial driven. The advent of commercial courts act and commercial courts have proved that future is more commerce driven. However, since the world of commerce has economic advantages, the courts do not want to indulge in unnecessary litigations. For this purpose, it has become mandatory before filing a commercial case to try and settle the case by filing a pre litigation mediation application which filters out such unnecessary litigations. The courts have also been reasonable in doing away with such mediation application if the court is convinced that the case in hand is urgent and that such application would hamper justice.
Since we are talking about the commercial era, one cannot forget about arbitration. Recently, it has been held that by the Apex Court in case of NN Global Mercantile v. Indo Unique Flame that an arbitration agreement cannot be acted upon if the stamp duty on the said agreement is not paid. This has led the parties entering into an arbitration agreement to pay the appropriate stamp duty which was many a times not paid due to N number of agreements with different parties, and if the same is not paid on the existing agreement, courts have the power to impound the agreement. However, a seven judge bench of Supreme Court is reconsidering the said judgment, wherein order is reserved and the same is awaited as on date.
It is interesting to see that how after covid, the courts are more digital friendly. Lawyers today have the option to appear before a judge sitting in the comfort of their home. Digital courts are established for taking up cheque bouncing cases. Court filings are done digitally. Trademark hearings are conducted through VC. Having said that, one may also argue that the profession has lost its charm by being digital and attending hearings through VC.
Your educational journey, from Apeejay School to being a first generation lawyer and becoming a Principal Associate at Vaish, is quite impressive. Along the way, were there any mentors or role models who significantly influenced your career choices or approach to law?
I feel mentors are not just people. Even situations can be mentors to you. As far as people as mentors are concerned, I would say that there are different kinds of mentors. There may be people who unknowingly help you on the way. Sometimes difficult situations are created by difficult people, but the important thing is what you can take from those situations and learn from it and treat that situation as a learning experience. In this profession, if you are a first generation lawyer, you have to be your own mentor.
Beyond the legal realm, what’s a passion or interest you have that might surprise people? How do you incorporate this into your life, especially during busy periods in your legal career?
People say that I am a good singer. We had a band in my school days and I was the lead singer in that. But now it is just a hobby and a way to entertain friends and family. Besides this, whenever I get time, I love being in the mountains close to the nature.
Finally, what advice would you give to recent law graduates who are just starting their legal careers? What lessons have you learned along the way that you believe would be valuable for them as they embark on their own journeys in law?
Be thorough with whatever task is given to you. Remember devil lies in details. Choose your strength amongst the three pillars of legal research, drafting and court crafting and play with it. Do not take for granted the other pillars. Be soft spoken no matter what people say about how a lawyer should be. Never let anyone guess what is going on in your mind. Sincerity towards your profession and towards the task in hand can take you places. Lastly, it is important to understand that in the present world, unless you can market what you create, your creation may become useless.
You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?
Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself. I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.
Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.
So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.
I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.
My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.
In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.
How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?
I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.
I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.
However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.
I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.
Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.
In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.
Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?
My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country. From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.
And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.
Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.
In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.
Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.
From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.
In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.
You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?
When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.
In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.
This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.
The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.
Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.
You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?
I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.
Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.
On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.
Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.
Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts. These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.
In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?
Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.
In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.
Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.
In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.
I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.
During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.
A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.
In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution
You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?
During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.
Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.
I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.
I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.
Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?
My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.
Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.
When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.
Can you share your journey of becoming an Advocate on Record and your motivation to specialize in Criminal Law, as evidenced by your LL.M. in Criminal Law from the Indian Law Institute?
I am a first generation lawyer, nobody even in my distant family belongs to or is associated with a legal background. After pursuing my B.A.LL. B (5 years integrated course), I wanted to pursue LL.M. to add to my resume; as I come from a medical background and always had an inclination towards higher studies. After clearing a few entrance exams for LL.M., I opted for Indian Law Institute. There were two branches available for masters one being IPR and the other Criminal Law. As I always had a thing in me for litigation, I chose the latter. I was lucky enough also to have the finest professors teaching us.
Advocate on record also was something which emerged from the fact that I am a first generation lawyer, as with no assistance or guidance I felt that clearing the AOR exam will help me in establishing myself in the Hon’ble Supreme Court, as the Hon’ble Supreme Court recognizes only two sets of advocates: i). Senior Advocates and II) Advocate on Record; as per the Supreme Court Rules.
You’ve written a dissertation on “Pardoning Power of The President Article 72 Of The Constitution Of India.” What led you to choose this topic, and what were some key findings from your research?
The topic for my dissertation again culminates from the fact that I have keen interest in the sphere of criminal law. It was intriguing to know the development from the death penalty being given very commonly to the rarest of rare cases and thereafter the effect of the Mercy Petitions as we call the power of the president under Article 72 of the constitution of India. Research included the recommendations of the Law Commission Report and study of the death penalty across the globe.
In addition to your specialization in Criminal Law, you’ve also written research papers on “Juvenile Justice” and “International Law in reference to Right to Food.” How do these areas of study tie into your legal career and advocacy work?
The best part to pursue masters from the Indian Law Institute was that we had to submit various papers during our course and this apparently helped me to have better research skills which eventually helped me and till date helps me by inculcating the habit of researching some case laws on a daily basis; it also helped me to develop patience to read lengthy judgments and keep myself updated with the latest developments in legal field.
Your professional experience includes working with Designated Senior Advocate. Could you tell us about your responsibilities and experiences during this period and how they contributed to your legal career?
During the brief stint of period I was associated with the senior, I was assigned duty to research and prepare statements of cases. I was also given free hand to deal matters before the Registrar Court in the Hon’ble Supreme court. The exposure that I witnessed was essential for me to understand the knitty-gritty of the profession; also it helped me to understand the court craft. I also got an opportunity to listen and observe some of the finest advocates which helped me a lot to learn by observing the Art of advocacy; skill of argument, to learn the importance of body language, etc. and how one should conduct themselves during an argument.
You’ve represented the Government of India and the State of NCT of Delhi before the Supreme Court. Can you share some memorable cases or experiences from your time as a ‘Panel B’ advocate for the Union of India?
Being a panel counsel gives one immense exposure, as we get a chance to represent different States, Central Government and various PSU’s. The maximum litigation that occurs in supreme court is wherein the government is a contesting party and thus the government has huge stakes and so do we as we represent the government.
You’ve filed Public Interest Litigations and intervention applications in the Supreme Court, leading to legislative changes, such as the incorporation of provisions in the Consumer Protection Act. Can you discuss the impact of these legal actions on consumer rights and advocacy?
The PIL filed by me pertaining the consumer awareness was particularly at the time when there were infiltrations from the Chinese side at the border and as an aware citizen of the country i felt the necessity of the awareness of the consumer before purchasing anything by way of e-commerce as the decision of the consumer should be an informed decision. The data of this year again shows that there is a humongous loss to the Chinese government as the Indians had chosen the local products over the other products.
You’ve taught various law subjects as a visiting faculty. How has your teaching experience influenced your approach to legal practice and advocacy?
In our field everything is connected and as the proverb exists Knowledge is the power so would i say that while teaching i used to extensively study and prepare for the classes; this helped me as well to have a grasp upon the subjects. I would like to add here that law is a field where no amount of reading, be it related to legal field or otherwise, goes unused or un utilized. One may never know that when one gets to deal with a particular matter about which you must have read way back; but as there would be little knowledge about the same, that will give confidence to study more about it and take up the case.
As an accomplished legal professional, what advice would you like to offer to fresh graduates who are embarking on their legal careers or considering a specialization in law?
To all the aspirants who are keen to take up litigation, my advice would be that do not shy from hard work, develop a habit of reading, this will take you a long way. Develop discipline and patience. The field of litigation is not for the impatient. But I can surely say one thing from my own experience: having Patience and perseverance is of utmost importance in the litigation field. One should also try to have as I call them 3 D’s- Determination, Discipline and Devotion to not only sustain in this profession but these 3-D’s will help one to achieve great heights.
Can you share your journey into the field of law and what motivated you to pursue a career in this field, including your experience at the National University of Juridical Sciences (NUJS)?
I would say ‘Law’ happened by chance and it was not that I had planned for it for long. During Class 12, my parents came to know of law as a career from a friend of theirs. Once I started preparing for CLAT, the subjects that were offered grew on me, especially the sections on logical reasoning and current affairs. I enjoyed the preparations and was able to crack the exam that led me to my second home i.e. the City of Kolkata for the next five years. My parents were a constant source of encouragement during the preps. The only distant pre-existing link in my family with the field of law that I can think of is that my grandfather had been an Additional District Magistrate in the Bihar Civil Services.
Being at NUJS was an experience to cherish. For the first time I came into contact with peers from across the country. The different languages, foods, habits, it was an in-depth lesson in learning about the diversity of India. It was not too hard to make friends, as I was always an ardent participant in different extracurricular activities. There was a thriving atmosphere of Sports, Cultural events in college apart from moots and debates that developed the competitive spirit in all of us. NUJS was also popular in hosting the largest sports fest among law schools “INVICTA”. I had the honour of leading the fest in my 4th year as Convenor which also instilled a sense of leadership, and also won a national level moot court competition. These qualities did come in handy at the time of branching out with my independent practice.
As a first-generation advocate, can you describe the early years of your career? What were some of the challenges you faced, and how did you overcome them?
The early years as an independent litigator were certainly challenging. There would be days when I would have no briefs in hand and I would wonder whether I took the right call to branch out this early (merely 2 years into my career). However, whenever you sense the overwhelming cloud of despair, every time there does emanate a beacon of hope from somewhere or the other which consolidates your belief to keep going further, into the path of uncertainty you’ve chosen. That beacon of hope may be from an entrepreneur friend who was looking for a lawyer to his start up, or the relative who had familial property issues to sort, or the acquaintance looking for advice on a will. The only way to overcome these initial challenges, in my experience, is to keep networking, and meet new circles of people. Social gatherings are also a healthy way to make new clientele, who knows what’s on the mind of a fellow invitee looking for quick and free legal advice!
For the initial two years after college, I had worked with a college senior of mine Mr. Ankur Sood, Advocate on Record. His office helped me inculcate nuanced drafting skills and the filing processes / preparation of a Petition thanks to his highly experienced clerk Sajid Ji, who would take me along to the various court registries to help me get a wind of what goes on behind the scenes of the glamour of the courtroom, and what all it takes to finally place a Petition on the Hon’ble Judge’s desk.
Your work spans a wide range of legal areas, from civil and criminal cases to intellectual property and arbitration. Could you share a few memorable cases or experiences from your career that have had a significant impact on you?
I would say that being part of the Delhi Legal Aid Services (DLSA) initially at Saket District Court and handling cases as a ‘Legal Aid Counsel (LAC)’ for economically weaker litigants in the initial years in a way shaped me as an Advocate and emboldened my commitment towards the profession. The glee and the gratitude in the eyes of mothers on being told that their son had been acquitted or had got bail was very gratifying. Obtaining orders for domestic violence victims being awarded interim maintenance was also equally pleasing. It made me realize the social importance of our profession, and the impact it can have on the lives of thousands, that the long helping hand of law is not too far from any person in our society.
Obtaining a John Doe order for a multinational publishing house in the initial years from the Hon’ble Delhi High Court followed by raids on the infringing publishers at Daryaganj was my first brace with big ticket litigation and a memorable learning curve.
During the Covid pandemic, there was this huge controversy about reduction in school fees as no physical classes were being held. I was approached by an Association of 250 ISC / ICSE Schools from West Bengal for obtaining relief from Supreme Court as Calcutta High Court had passed an adverse order directing the schools to charge only tuition fees, which was impractical as schools also had to pay salaries, other running expenses for the upkeep of their infrastructure. The High Court had also ordered for showing of schools’ balance sheets and appointed a committee composed of the Petitioners’ Advocate to address grievances of parents. The controversy was fostered owing to an absence of a fee regulatory body in West Bengal. We were faced with an onerous 3 judge bench in the Supreme Court with Justice MR Shah on it. However, we managed to obtain a stay order from SC, and for the next 12 months were a roller coaster of a journey dealing with an unpredictable bench of the Calcutta High Court which was passing contradictory directions at every hearing date at a frequency of 2-3 months. I also had to make frequent trips to Calcutta to attend the Court-appointed Local Commissioners’ hearings on behalf of the school management. Ultimately the Supreme Court gave a quietus to the issue as Covid had passed and all the directions were kept restricted to the Covid years alone.
During my tenure as a Counsel for the Union of India I appeared for the Department of Atomic Energy before the Appellate Tribunal for Electricity (APTEL) at New Delhi. The matter pertained to a demand of Rs. 289.59 Crores under the head “Grid Support Charges’ ‘ made by Govt of Telangana. After hearing arguments, the Hon’ble Tribunal was pleased to stay the said demand in favour of the Union of India holding that under Section 184 of the Electricity Act, 2003 exempted the Ministry or Department of the Central Government dealing with Defence and Atomic Energy from applicability of the Act.
You’ve represented various Central Government Departments and have extensive experience in litigation. How has your role as Senior Panel Counsel for the Union of India shaped your legal practice?
Being on the prestigious Senior Panel representing the Union of India has thrown open the window of opportunity to appear before the Delhi High Court on a daily basis before different benches. It adds to the sheer volume of briefs that you prepare for on an everyday basis and a rich experience to shape your future career. Each brief brings with it an unique point for consideration and the high stakes that come along with it. As a counsel holding a brief for the Union of India, you are expected to be on top of your game day in day out. The Hon’ble Judges expect you to be fair and well prepared as every new Petition on the Supplementary List starts with a Stay Application to oppose and the Government’s action to defend! Thus, one cannot afford to take any brief lightly. Usually, the new matters are marked to the Govt. Counsels the evening before, thus we only get that evening and next morning to take instructions from the respective Department and gear up for the admission hearing. It is thrilling, greatly satisfying and a big honour.
During the day in Court, we get to rub shoulders with Senior Advocates on the other side that adds to the challenge and gives you an added motivation to go to Court with your best prep forward. The sheer diversity of matters moulds one’s skill sets, one day it can be a Service Matter involving Promotion or Pension, on another day it may be Section 34 Challenge to an Arbitral Award, same day there may be a final hearing listed for a Miscellaneous Writ, on some days Tender matters, on some LPAs and Appeals against Tribunal decisions etc. Our younger crop of Panel Counsels also get enriched by the constant motivation and encouragement of our Seniors and Standing Counsels as well as Ld. ASG Sir who we keep crossing along the corridors of Delhi High Court and learning from their vast experiences.
You’ve been empaneled with organizations like GAIL (India) Limited, Delhi Development Authority (DDA), Council for the Indian School Certificate Examination (CISCE) and the Enforcement Directorate (E.D.). Can you discuss the importance of these empanelments and how they have contributed to your professional growth?
One must realise that empanelments are only a push to give you volume of work, which you are eligible for only after 4-5 years into your practice. The initial years preceding that eligibility period you have to really grind it out. I would say that is the gestation period. Empanelments help you get a good grip on a specific type of subject area, and some empanelments with retainers ensure a fixed income per month securing you financially. But you need to keep performing and maintain the standards otherwise someone else will take your place.
How has Becoming an Advocate on Record further helped diversify your practice?
It has given a foot in the door for establishing an independent Supreme Court Practice. Not that I have not been working on Supreme Court matters earlier. Thanks to my college senior Mr. Kunal Chatterji, AOR who had given me a volume of Supreme Court drafting to do in my initial years when I had branched out independently. His clerk Sukanta Ji also taught me the nuances of SC Filing Procedures, I will be forever grateful to them. Becoming AOR is one thing, but getting those AOR briefs for filing is the second step that follows. For this, it is important to carve out a network of lawyer colleagues from different states who can send you those SLPs, Civil Appeals and Transfer Petitioners. During our first orientation organized by the Supreme Court Advocates on Record Examination (SCAORA), Justice Sanjay Krishan Kaul who had himself been a AOR gave us all a golden advice to not be merely postmen but to read and give finishing touches to drafts that came our way so that the knowledge gained during the AOR Exam preps can be put to good practical use. Justice Kaul advised us to refrain from filing Petitions without reading them which holds good in today’s times.
You have also been involved with certain matters of political nature. Could you throw some light on them and their professional benefits?
I would say these are our social responsibilities. In the aftermath of the West Bengal Vidhan Sabha Elections of the year 2021, there was large-scale violence that broke out targeting the members, workers, voters of the Bharatiya Janata Party (BJP) who had voted / campaigned against the ruling Trinamool Congress (TMC). As soon as the results were declared, there were murders, loot, arson, and even gang rapes. Although the State of West Bengal has a history of bloody elections and many would declare such violence to be ‘normal’, however at some point of time that ‘normalcy’ must be questioned. In all other States elections are held peacefully, then why an aberration in only this one State. I was part of the team that appeared for the victims in the Hon’ble Supreme Court and Hon’ble Calcutta High Court. I would put in all nighters to draw up the pleadings explaining the gruesome incidents and plight of the families. Finally, the Calcutta High Court ordered a CBI probe into the various incidents.
Earlier this year, after the Municipal Corporation of Delhi (MCD) elections and appointment of a new Mayor in Delhi there were separate elections held for the 6 positions of the MCD Standing Committee which is voted by Councillors. Owing to a fracas in the house and expecting an unfavourable outcome, the Mayor who was a Councillor elected on an Aam Aadmi Party (AAP) ticket cancelled the elections and ordered re-elections even though the process had been completed and only results were left to be declared. The Hon’ble Delhi High Court declared the Mayor’s action to be illegal and directed pronouncement of the results immediately.
Being involved with political matters provides one a hand to work for the betterment of our systems and appear for MPs, MLAs and various leaders of the said political party. It gives one a platform to interact with such elected representatives and public personalities to learn from their world view, perspectives. Moreover, such matters often attract a lot of media attention and it thus gives one an additional edge and experience of regularly appearing in such media-friendly ‘high profile’ matters. I also have had the opportunity of assisting the BJP during election cycles, both at the National and State levels pertaining to Election Commission compliances which has helped cultivate different kinds of skill sets.
Finally, as someone who has built a successful legal career with diverse experiences, what advice would you like to give to fresh graduates who are entering the legal profession today and aspire to make a meaningful impact?
Foremost takeaway from what I have experienced, is to be patient and not be in too much of a rush. Yes, be ambitious but be practical as well. It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either. The race is long and lawyers don’t retire. If one is sincere, dedicated and hard working, rewards will come, even if not today then certainly in the next few years down the line. What is essential however is to have in place a working culture and a disciplined lifestyle. Those abashed college years are over, in the real world a lot more is riding on every brief and your every appearance than just a few marks of a moot court competition!
You’ve had an impressive career in the field of indirect tax advisory, but I’m curious to know what initially drew you to the field of taxation. Could you also share your journey and the factors that led you to pursue law as your career?
Thank you for taking interest in my career journey. I come from a business family, and as I grew up, the plan was always to brace the entrepreneurial journey, so I pursued commerce as the stream. I started looking after the books of accounts of our firms as I was graduating, which drew me closer to the number game in terms of the financial management and tax planning, and that is when I decided to pursue Chartered Accountancy.
During my articleship, as we represented clients before the tax authorities, I saw a scope in pursuing law as a career. I was drawn towards the legal aspect of taxation, since even while defending the clients, we used to always rely on the legal jurisprudence. I therefore decided to develop my legal acumen and use the skills that I acquired during my articleship to step into the legal industry and make the most out of it. The immense support that I received from my family and friends during this phase of my career is unforgettable.
Interestingly, when I joined Lakshmikumaran & Sridharan Attorneys, I was the only Chartered Accountant at their Bangalore office. Since then, the journey has been nothing but a rollercoaster, but one which I have thoroughly enjoyed throughout. I consider myself fortunate enough to be able to pursue indirect tax as my core area of practice. And I think the idea to pursue Law along with Chartered Accountancy has been one of the best decisions of my career. Having said the same, I truly aspire to be amongst the leading indirect tax lawyers in the country.
As a Partner at Lakshmikumaran & Sridharan Attorneys, you play a key role in overseeing business development and client outreach. Can you tell us about a specific strategy or initiative you’ve been involved in that significantly contributed to the firm’s growth and success?
This is an interesting question. It is a well known fact that the outcome of business development and client outreach programmes are some of the key indicators to gauge a partner’s performance in law firms. I have been actively involved in such programmes, wherein we quite often discuss and strategize how to identify issues and support clients to structure their business to align with relevant laws. As part of regular business development activities, we try to generate leads and identify new projects in the areas of taxation. These initiatives have steered me to think out of the box and helped me in associating with new clients and securing new assignments from the existing clients as well.
I use social media platforms like LinkedIn and other applications to identify potential work opportunities, and also to share my views on issues that the industry may be facing. My regular interaction with business associations and Government’s grievance redressal committees not only helps me update myself with ongoing legal issues but also enables me to act as a medium for exchanging information between the stakeholders. I also try to attend as well as serve as a key speaker in important networking events through webinars or seminars. As a partner, it is my endeavour to offer strategic business development advice to the leadership, practice groups, and other associates who are working to strengthen their ties with the clients.
One of the most important things that I have realised throughout my journey is the importance of building trust. If your client does not trust you, they will never come to you. Even while providing them advice on the issues, I try to follow-up with them regularly to ensure that they don’t face any issues in implementation of the advice. I am also very active in updating the clients of any changes that are brought into the law which may have an impact in their business. This sense of involvement in their business has helped me gain their trust and confidence over the years. I strongly believe in building professional relationships with clients, which has worked in my favour over the years.
One of your significant achievements was in the implementation of GST (Goods and Services Tax) for various clients across different sectors. Given the complexity of this tax regime, what challenges have you encountered while working with clients from various industries, and how do you navigate these challenges effectively?
When the GST laws were implemented back in 2017, the industry was caught unprepared. That is when our role as indirect tax practitioners played a key factor in providing requisite support to the clients. I very proactively took up the responsibility of understanding business needs for ensuring a seamless and glitch free implementation and smooth transitioning of the old laws such as Central Excise, VAT and Service Tax into the GST regime.
One major challenge that I faced was that as new as the GST laws were for the clients, it was new for us as well. Therefore, understanding the GST laws in depth and to align them with different business models effectively and efficiently with no room for error was a major challenge initially as it required a lot of brainstorming. Maintaining the finest quality of drafts at the shortest turnaround time was another challenge that we overcame as a strong team. However, with time we ensured smooth transitioning of business from the erstwhile laws to GST law.
Tax laws are ever evolving, and we often face challenges in implementing them in the dynamic business environment. However, my interest in these laws is such that I try to keep myself updated with every minor change that is brought in, to make sure that when my clients need some advice, I am updated enough to be able to provide them with a well-researched and practically implementable opinion.
You provide legal opinions and undertake tax compliance review for your clients. Could you share an example of a particularly complex or interesting case where your expertise in this area made a significant impact?
Well, I would not like to call this complex, but an interesting judgement of the Supreme Court last year changed the position of a well settled law. The Apex Court in the case of Northern Operating Systems held that secondment of expatriates from foreign group companies to its Indian counterpart constitutes provision of manpower services and thereby leviable to tax. The industry under the genuine belief was not discharging GST. Pursuant to pronouncement of the said Judgement, the Industry has been receiving show cause notices from the Department with a proposal to demand GST along with interest and penalty, right from 2017. Since the volume of transactions is huge it has adversely impacted the Industry as it has become a huge cost for them. We are consistently working on this issue to justify the position and defend the same at appropriate forums to ensure that the issue does not have any further adverse effect on the industry and appropriate relief is provided to them in a time bound manner. I am hopeful that the Government would consider our submissions and come out with an eagerly awaited relief package for the industry.
You oversee all tax compliances and tax related disputes of your family business. How did this experience in the corporate sector influence your perspective on tax compliance and advisory work, and what lessons did you carry forward into your legal career?
Well, over the years I have learnt that the tax structure does not drive the business, rather it plays a minute but significant role in the decision making process. My experience in the corporate sector has given me a deep insight into how business decisions are taken. Obviously, the decision-making process in a corporate setup is very different from that of a family run business, but the objective of every organisation remains the same, i.e., to grow by being tax compliant.
The major practical challenge comes when I have to implement any advisory by understanding the business from the client’s perspective. The aim is always to be very certain while providing some advice to ensure that even if the same is challenged in the court, I am confident enough to defend the position. It has only taught me the importance of paying attention to every detail, no matter how small it is. An important lesson I have learnt which I strive to carry throughout my career is to never stop learning – every day is new; every day comes with a new challenge and the learning should never stop. I strongly believe that one should always be open to new challenges and opportunities.
Lastly, I would also like to state that my team plays a crucial role in my success, and I wouldn’t be able to reach where I am without them. There have been many life-long lessons learnt along the way, but the core of what sticks with me is the significance of having good team building and communication skills, and to believe and encourage your people to deliver results as a team.
In your role as a partner and throughout your career, you’ve been involved in recruiting and mentoring juniors. What advice do you have for young professionals looking to excel in the field of indirect tax advisory and taxation law?
I would like to say to all young professionals that the dynamics of tax laws is very interesting. It is very important to start early and keep yourself updated regularly. You should have a really strong memory bank to remember and apply the legal provisions and important judgments as you interact with the clients or even colleagues. Have a proper repository of all important case laws and keep them handy for future usage. Stay focussed, be on your toes and develop skills to have a quick turnaround time. You may not realise it now, but the skills to have good turnaround time really does wonders in the long run.
As a young tax professional, one must try and understand practical nuances of law and significance of or rationale behind any amendment, pay attention to facts of each case, be in regular touch with your clients and understand their business by stepping into their shoes. The scope for professional as well as personal growth of tax lawyers in India is immense considering what a niche field of law this is, so make the most of it. It goes without saying that specialisation in a particular field of law is important, but I also believe that one must have a general understanding of allied laws and regulations which is equally important for professionals who are passionate to excel in the field of indirect tax.
Your career highlights include providing advisory and litigation support for multinational clients. What advice can you offer to businesses, especially those with a global presence, to navigate the complexities of international taxation and compliance effectively?
Navigating through the complexities of taxation and compliance can be challenging for businesses with a global presence. It is crucial to have a well-thought-out strategy and a team of experts to ensure you comply with local regulations while optimizing your tax position. I would really like to emphasize to the companies to have a good understanding of local tax laws. Establish a well-documented transfer pricing policy to determine how your transactions with global entities are priced. This helps prevent disputes with tax authorities and ensures compliance with local regulations on Income Tax as well as Customs front. Be aware of any Tax Treaties or Free Trade Agreements between countries. These treaties and agreements can affect the income tax rates you are subject to and the benefits you may receive on import of goods from outside India.
As a policy, MNCs tend to invest heavily on advanced accounting and tax technology solutions to manage their global financial data. These practices help them to automate reporting, improve accuracy, and provide insights into their international operations. One challenge I have observed during all these years is the preparedness of MNCs when it comes to submission of documents and records to tax authorities. It is crucial to maintain meticulous records of all financial transactions and relevant documents. Companies can strategize on identifying potential risks and uncertainties in their tax positions and back them with legal opinion from experts wherever necessary. They can also develop risk mitigation plans and strategies to deal with disputes or unexpected changes in tax laws with the help of their in-house counsels or external consultants.
A fundamental advice I would like to give to the MNCs is to provide tax and compliance training to the employees who are responsible for undertaking financial transactions or dealing in tax matters. This can help prevent inadvertent non-compliance issues. Conducting regular audits and reviewing tax and compliance practices from time to time go a long way to ensure continued adherence to the ever-evolving tax laws.
Finally, as someone with a wealth of experience in the legal and taxation fields, what advice would you like to give to students and fresh law graduates who are just beginning their journey in the legal profession and may be considering a career in taxation law or advisory?
Starting a career in the legal profession, particularly in an area of law such as taxation can be both challenging and rewarding at the same time. Few pieces of advice for students and fresh law graduates embarking their journey in this field is firstly to build a strong foundation in understanding general principles of law before specialising in tax laws. You have to be very patient since tax laws are complex and are constantly evolving. Develop a professional network early in your career. Attend legal seminars, conferences and events to get accustomed to tax jargon. This will really help you build your confidence and develop good communication skills. Seek out mentors who have experience in tax laws and never be hesitant to ask for help.
As part of the education curriculum, students must work on developing strong research, writing and negotiation skills. Be adaptable in your approach to develop problem solving skills and techniques. Lastly, be humble! Kindness plays a pivotal role in establishing yourself in any firm or organization that you will go to.
As a parting remark, I would like to mention that taxation is one of the oldest coded laws, but a niche area of practice and is certainly worth considering as a long term career option.
Please tell us a bit about your background and how you ended up becoming a lawyer? Your journey seems to have some interesting twists, from your involvement in sailing to your legal career.
The way I went down into the legal career is quite unconventional. In fact, the very reason I decided to become a law student is sailing. I can already “hear” saying: “what sailing has to do with the legal career?”.
Here is what.
At the end of high school, I wanted to become a doctor and in Italy a preliminary test must be taken and passed for registering with the faculty of medicine. When I finished high school that test was scheduled for September 1st. I was due to take such a test until, towards the end of June, I learnt that I was selected for the Italian sailing team to take part in the Junior World Championship to be staged in Poland during the last ten days of August. Sailing was (and is) my life passion: I saw a dream I fought so much for becoming true: I had no doubt, and I chose sailing. Evidently, I was not bound to become a doctor! When I came back from Poland I, somehow, figured out that law was my future.
You mentioned that you come from a family where law wasn’t the traditional path. What drew you towards the legal profession, and how did you navigate your way into the field?
As I said above, I think it was my destiny that drove me into the legal profession.
I think that I was lucky, at the beginning, to find a boutique firm with the right mentor who took me by hand and introduced me to the profession both with day-by-day tasks and with the involvement in complex files and matters, always as if I was the person in charge (this helped to develop a very high sense of responsibility which I now cherish a lot, not so much back then!). He also gave me the chance to interact directly with the clients: I reckon that this does not happen often, especially in large size firms, but I now can say that it was extremely important in learning to have a good and balanced relationship with the clients.
Then I guess it was very much, on one side, my complete dedication, no matter what, to clients and matters/files I dealt with and, on the other side, the constant attention to my education whether in specific law matters/subjects (taking courses, lessons, seminars, every now and then) or about other skills such as personal development (coaching, language). At the end of the day, it has always been my belief that the most important part of one’s career is the beginning.
In all this, I guess I had a tremendous support from my parents and from my wonderful wife: they have always supported me in my aim to develop my career and to improve, to strive for the best.
Your professional experience spans across various law firms, and you’ve been involved in a wide range of sectors. Could you share more about your decision to work in boutique law firms and your approach to customization in your legal practice?
I guess that, again, the destiny shaped the initial part of my career: the start in a boutique firm gave me the opportunity, since day one, to take care of a variety of matters, in the most diverse industries, with a bespoke flavor: nothing pre-prepared, no standard draft or part of it, no standard approach. This is what I liked the most and made me want to stay, almost my entire career, in the same environment (boutique firm).
And in addition to that I am an emphatic person, which is seeking for “personal” relationship in which, whether they are clients or colleagues, the other can feel being special, the one and only to be taken care of, with attention and kindness. After all, who does not like that? I therefore thought that it wanted my clients to feel that way. Given my clients’ appreciation during my entire career, it must have been a good idea!
Your firm, de Bedin & Lee®, is the first Italian/Hong Kong firm in Italy. Could you elaborate on how this partnership came about and the benefits it brings to your clients and the legal industry?
Again, I think that it all went down, at least, at the beginning, to a personal relationship I developed with Claudio de Bedin, a mentor for me, both in my personal and professional life. I met him, with my wife, in Hong Kong in 2005 on my way back from Rizhao (a coastal city in the Shandong province) where I attended, in my capacity of President of the International 470 Class Association (the association of all sailors competing in the Olympic boat named “470”), to the 470 World Championship, the first ever to be staged in China. Claudio, although Italian, was born and raised in Hong Kong, and practiced there for all his life. I believe that we connected since the first time we met, I certainly did for his is an amazing professional and person. We remained in touch at a personal level, and, after some years, he involved me in some cross-border cases. In 2019, we decided to bring that relationship to the next level, becoming the first Italian/Hong Kong firm in Italy.
I believe that the benefits we bring to the table is the combination of expertise, from an Italian perspective (which is one of a civil law country) and from Hong Kong perspective (which is one of a common law country), the mix of efficiency and pragmatism of a Milanese firm and the dynamism and modernity of a Hong Kong one. For Italian and Chinese clients, as well as for foreigner clients of the firm, it is invaluable to have such a diverse, and yet well amalgamated, mix, where the cultural aspects are the key for better understanding them and their needs.
Your areas of expertise include contracts, corporate matters, data protection, M&A, real estate, and sports law. How did you manage to develop such a diverse skill set, and what advice do you have for young lawyers looking to specialize in multiple areas?
The expertise I acquired in such diverse areas was not a result of an express choice, it rather came from the fact that I always worked in a boutique firm, where it is normal to take care of a wide variety of cases, situations. in different industries. With the clients relying on the personal relationship and on my attitude, they want me to go deep into it. Working in multiple areas is interesting, stimulating, never boring, but also demanding as it always requires a lot of studying, researching, investigating.
To be honest, although I see the diversity of the areas I have worked and I work in, I also believe that, given the type on my clients (mainly corporations), those areas are all intertwined: the life of a company is marked by contracts, in corporate matters (they, also, require “contracts”), in M&A deals (again, they require “contracts”), in real estate matters (once again, they require “contracts”), and so on.
If I learnt a lesson in my professional life, that is to find what you like to do, what gives you satisfaction (and for that you have, at least, to go down different patterns!), then be conscious that you cannot do everything when it comes to your table.
You’ve had an impressive involvement in both corporate law and sports law. Could you share some of your experiences working with international clients, including listed companies and those in the sports industry?
Well, it is always difficult to single out some of the working experiences one had, because a lot of them are worth sharing, including for the lessons I learned.
One goes back a few years, and it is about a quite big M&A deal my firm took on. It was for a foreign company, listed in their country, which acquired wind power plants in Italy worth around a billion (the total enterprise value of the deal). It was massive, for a boutique firm like ours, which required working, literally around the clock, 24/7, for more than 6 months, from the due diligence to the negotiation of a very complex sale and purchase agreement. I learned so much, in term of negotiation skills, interaction with clients, colleagues and counterparts, but also, do not be surprised, on personal health side: one must always find time for taking care of his/her body/health because when one is under pressure of workload/deadlines, when one is under stress and shall work long hours, the body is a big ally: the fitter, the better. It might sound strange as our profession is performed while sit at a table, in front of a computer! But, trust me, it is not strange.
The other is recent (2023), and it is about a very complex arbitration on a highly sensitive sport matter, which also had great “political” implications. Working alongside very experienced, world renown and talented professionals, either as my fellow arbitrators or as parties’ lawyers or consultants, was very demanding but also motivating and, at the end of the day, very rewarding. In this case, I was reminded to never lose focus on what really matters (from the legal point of view), especially with hundreds/thousands of pages: sometimes the solution is very simple and it is there, right in front of your eyes.
Your passion for sailing is evident from your impressive sporting and management career in the field. How did your background in sailing influence your approach to law and management?
While I am not sure my career in sailing was as impressive as you kindly defined, I am definitely sure that sailing has shaped my character and my attitude: if I became the accomplished and resolved person I am now, it is largely due to my athlete’s career: I experienced the fatigue and the sacrifices, the pains and the joys, the frustrations and the rewards, I learnt to work in team, to focus on what matters at any given time.
In sailing I learnt the lesson that has been the fil rouge of my life: to never give up (I retired from sailing competition only on two occasions, when my boat suffered serious incidents … one being the falling of the mast!). Never, means never, even when you are exhausted, when you do not see any solutions, when everyone else walks away … that is the moment when you can make the difference. In the legal profession that could mean sometimes to try a different angle, to keep negotiating with your counterpart or to research once more among the cases of law.
I recall a long-distance race on a lake, many years ago. Towards the end of the race, we were in second position. There was a very light wind, the water was almost a “mirror”. The first boat was around 200 meters from the finishing line, stuck with no wind but, nevertheless, closer, much closer, to winning the race than us (we were around 1,5 thousand meters from the finishing line). Believe me, nobody could, in his right mind, seriously think that the first place was still up for grabs. Well, with the persuasion of a very experienced older sailors on our boat, we never gave up in searching the smallest, even insignificant, puff of wind, in reading all the signs one can spot on the water or in the surroundings, and after an exhausting hour and a half, during which, I remember, I could almost physically feel the power of the focus of our minds, in the same light wind … we crossed the finishing line in first position, just few seconds ahead of that boat.
Life has plenty of episodes that may resemble the one I have just mentioned: it is up to us to understand how … never give up!
You’ve held significant positions within the sports industry, including with World Sailing and the International Paralympic Committee. How do you believe your experience in sports management has contributed to your legal career and vice versa?
The positions I held, some of which I am still holding, with several organizations – such as sailing club, Olympic boat association (International 470 Class Association), the world governing body of the sport of sailing (International Sailing Federation, now World Sailing) and the International Paralympic Committee – gave me the chance to grow on the “cultures” side.
I mean when one talks to people coming from complete diverse cultures, from all over the world, one has the occasion to learn how they behave, think, speak, interact, and, why not, eat and drink, and then how one should approach them, talk to them, interact with them, what can be said and what cannot be said, what can be done and what cannot be done. It is a constant exercise which, again, requires dedication and even more a genuine desire to learn about the others, to understand them. Once you learn about them, once you understand them, anything can be achieved. Apply that attitude to the legal profession (whether one has foreign clients/counterparts/colleagues or not, it doesn’t really matter) and I believe that there will be a successful lawyer, who will be able to better understand the clients, their needs, the counterparts and their needs, the colleagues.
On the other side, my legal experience certainly was beneficial for the organizations I served and serve, as I brought to the table the skills of analysis, focus on the goal, effectiveness, and assertiveness, together with my personal calm and kind attitude, learnt and perfected in my profession.
It’s clear that sports played a significant role in shaping your character and values. How have the lessons you learned as an athlete and sports manager translated into your legal practice and leadership roles?
I have already mentioned the “never give up” lesson, resilience.
The other one is “always play by the rules”, no matter what, even when you see others not doing the same, even when it could be easier to take a short cut. Sport is about beating the opponent, on the same ground, with the same rules, just playing better, smarter, wiser, faster, and so on. The (legal) profession is the same, in my opinion: at the end of the day, disobeying the rules, choosing the shortcuts do not pay for anyone, not for the client, nor for the professional, nor for the community, neither for the society/country. And, deep down, it leaves you with the feeling of having been on the wrong side (even if you win), that is just where a lawyer should never be … after all, aren’t we lawyers swearing (at least, I did it my country) to act “in accordance with the means and principles of our legal system”?
Your journey from being the first lawyer in your family to becoming a successful legal professional is inspiring. What advice would you offer to fresh law graduates who are just starting their careers and are looking to make their mark in the legal field?
I do not like to give advice, I rather prefer to tell stories, my stories and if anyone can get something, learn something from those stories I am happy.
I, therefore, want to finish with a true story that happened in Milan which has been a lighthouse in my career.
One day, a client, a very wealthy one, an entrepreneur, asked for an urgent meeting with his lawyer as he had a very pressing matter to deal with. Once the client entered the lawyer’s office erupted into tears, as the matter was serious, one that could really bring his business to an end (it was an insolvency matter). The client and the lawyer discussed the matter at length, and, after a couple of hours, the client left the office, at least not in tears anymore. The evening of the same day, the lawyer went to the famous La Scala (world renown theater in Milan for opera, ballet, and orchestras); as soon as he entered the foyer, he spotted that very same client, enjoying the company of his friends, laughing with them, having fun with them, and talking about the summer holidays. The lawyer could not resist and, after around 10 minutes, approached the client and, after having walked away from the crowd, he asked: “Weren’t you so desperate, in my office, less than 3 hours ago? Has the matter we discussed disappeared? Has anything happened that I do not know? Because I do not really understand how you can enjoy so much with such a serious matter pending over your head like a sword”. The client, with a big smile: “My dear, my dear, you know that I completely trust you, with all my fibers. Now that I have put the matter into your hands, it is not my problem anymore, it is yours. That’s why I am enjoying it so much as you saw”.
Aim at being like such a lawyer and you will live a full, happy, meaningful, and fulfilling professional life (and personal). I aimed at being like such a lawyer. I think I have been like him, in several cases for sure. I can sincerely say now that I have had, so far, a full, happy, meaningful, and fulfilling professional life.
Can you share with us your journey and what inspired you to pursue a career in law?
I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.
Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.
I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.
With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?
I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.
I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.
I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.
You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?
In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.
As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well. I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.
You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?
Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.
To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.
In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?
I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.
Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.
Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?
My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.
Can you please share the story of how you embarked on your journey in law, from your days at National Law University to opening your own law firm, ‘YHprum Legal’ and establishing your practice in Delhi being a first-generation lawyer?
To start with, I come from a family of engineers and pursuing law was never a consideration during my school time. However, on advice of a family friend, I visited NLU Jodhpur and from there I was intrigued in law (as a probable career option), in the year 2006. I was enthralled by the environment & culture of NLU and after contemplating possible future opportunities in the field of law, decided to appear in the law entrance examination.
At that time, in the pre-CLAT era, each NLUs conducted their own entrance examination. Hence, I appeared for the entrance exams and got selected in the Rajiv Gandhi National University of Law (RGNUL), Punjab in the year 2007 for a five-year integrated B.A., LLB course.
Speaking of initial days at Law school, I must say that it was a whole roller-coaster, from studying different branches of law to participating in Moot court competitions, to preparing research projects and multiple seminar presentations to then applying for internships! With so much to do and learn, those five years went by in a flash and shaped my personality in a way that changed my perspective towards life.
After completing the Law in 2012, I was selected for a prestigious Judicial clerkship in the Supreme Court of India, wherein, I was assigned to the office of HMJ Dipak Mishra (Former Chief Justice of India). While working for the Bench at the highest level for a considerable time-period, later on, I decided to join the litigation and joined the Chamber of Mr. Gopal Jain, Sr. Advocate, Supreme Court of India, as litigation associate thus embarking on my journey in the field of litigation in Delhi.
Being a first-generation advocate and an outsider for Delhi legal circles, I was also inclined to join a Tier-I dispute resolution firm in Delhi for financial stability and professional growth, just like every second lawyer.
The thought of going independent, establishing my own law firm was intimidating and a distant dream at that time. But destiny had different plans and the path was already chosen for me!
After learning some basics of law & litigation at the Chamber of Mr. Jain, I started my independent practice before the Supreme Court, Delhi High Court, and various other tribunals for a few months with limited financial resources, zero clientele at hand and without any support or mentors. As a first-generation advocate, had his own share of struggles and difficulties, and it takes a whole lot of perseverance to survive the initial turbulent years of independent litigation practice.
The only strength that kept me going through that period was the consistent support of my colleagues from the Bar and my law school batch mates and friends, who were practising before different courts across the country and referred briefs to me in Delhi.
I was well aware that starting and running a law firm is not without its challenges, including competition, financial considerations, administrative responsibilities, and the need for marketing and business development.
After gaining some experience as an independent litigator, I, along with my colleague, Akanksha, decided to launch our Law firm, ‘YHprum Legal’, which means “Everything that can work will work”, it is ‘Murphy’ spelled backwards. The motive behind this move was to provide personalized, client-centric legal services, wherein, we can have client-focused practice that prioritizes individual needs and attention, with our expertise.
You’ve had a diverse legal career, working with prominent legal professionals and in various areas of practice. Could you highlight a few pivotal moments or experiences that significantly shaped your legal career?
I must admit that I did not choose the brief/case or court, they were referred to me and I accepted them all with a challenge to perform to the best of my ability.
All the briefs/cases that came my way were from different branches of law. As an independent litigator, you don’t really have an option of choosing the briefs or the area of practice. Fortunately or unfortunately, since the beginning of my litigation career, I had the opportunity to appear before different courts and forums, i.e., Supreme Court, Delhi High Court, and district courts, NCDRC, TDSAT, APTEL, CERC, NGT, NCLAT, NCLT, Arbitral Tribunals etc.
Appearing before a specialised Tribunal, such as APTEL, TDSAT, NCLAT & NGT, helped in expanding my horizon and understanding of the subject matter.
Highlighting a few cases that played a significant role in shaping my diverse legal career, naming a few of those, are as follows:
One of the intense legal battles that I was part of, TDSAT, was hearing AGR dues case wherein all the telecom companies challenged the validity of levy of license fee by TRAI, which was ultimately decided and settled in the Supreme Court. This intense legal battle has made me understand the nuances of telecom law.
Another case pertained to cancellation of AIPMT due to large scale irregularities in which a historical judgement was delivered by the Supreme Court by cancelling the examination on our plea.
Then, a large-scale irrigation project in the state of Telangana was also challenged by us due to violation of various environmental norms before the National Green Tribunal and subsequent to the Supreme Court;
I had the opportunity to work on the Ansal brothers (Uphar cinema fire) case, on quantum of sentence before the Supreme Court along with legal tycoon, Late Sh. Ram Jethmalani, the case preparation had forced me into sleepless nights.
In the Supreme Court the national newspaper were faced with contempt proceedings for non-implementation of Majithia wage board recommendation, wherein, we had to justify the non-action by the client and difficulties to implement to the committee report ;
I had been part of numerous mining lessees matters under the MMDR Act arising out of the state of Goa, wherein, the State Govt. had terminated the lease deed of various mining lessees due to non-compliance of Supreme Court direction in the landmark Goa foundation judgement.
Post cancellation of Coal blocks by the Supreme Court, various mining lessees had to fight hard for deemed renewal under Section 8A of the MMDR Act in various High Courts i.e. Delhi, Odisha and Jharkhand.
Recently, we were representing home buyers before the Supreme Court on application of MOFA Act and RERA in relation to deemed or blanket consent for additional structure to be constructed by the Builder.
One of the highly contested litigation is the effective implementation of All India Quota in PG courses for AIPMT/NEET aspirants, which we keep doing as and when the situation arises.
The above list is just an indication, wherein, the dispute or the judgment had made significant impact by laying down legal principles of constitutional importance.
As the founder and managing partner of ‘YHprum Legal’, you handle a wide range of cases, including arbitration, civil and criminal litigation, and commercial disputes. Can you tell us about a particularly challenging case that you’ve worked on and the lessons you learned from it, especially during COVID time?
The firm was founded in the most turbulent times that the world was seeing at that time, the COVID Pandemic. Due to the national lockdown wherein the courts were also shut, we were facing a complicated and unimaginable situation, the Indian Courts were embarking a new tech-era through virtual hearings and e-courts across the country.
Our advisory work during lockdown increased exponentially, wherein, we were answering numerous legal queries regarding the effect of lockdown on the clients’ cases and business. The notifications issued by RBI for moratorium and by local governments in relation to rental payments and employee payments required interpretation by the Courts. All pending arbitration were made virtual or adjourned indefinitely. The limitation period was extended by the Supreme Court. There was a sudden death in regular appearances due to adjournments and sudden fall in fresh matters filing.
It became difficult to get relief in regular pending matters due to non-listing. We had multiple arbitration proceedings pending at various levels in different courts or arbitral tribunals and clients were getting restless due to decline of urgent hearing or relief by the Courts. It took a while for us to settle down and make peace with the lockdown and its aftermath.
The Supreme Court passed an order for the release of under trials which created havoc across the country for the execution. We had to approach the Supreme Court through IA for implementation of the order in favour of our clients due to reluctance shown by the local authorities and Courts. Due to a sudden health emergency, we had to approach different Courts for regular and anticipatory bails for our clients, which at that time was a herculean task. Our existing clients were seeking legal opinion on application of force majeure on a daily basis. All physical meetings shifted to virtual meetings, which now have become a norm in our office.
The ever-changing regime of arbitration has become a major challenge for all of us. Every day the Courts are coming with different judgments with reference to interpretation of the Arbitration act provisions. The recent Constitution bench judgment on the stamping of the arbitration agreement and followed by a detailed judgement of Delhi High Court in the NHAI case had changed the scenario overnight. The IBC, 2016 being a new law is getting a makeover on a daily basis, which has become a different game altogether.
Representing homebuyers, post the enactment of the RERA, IBC and new Consumer Protection Act, 2019 had caused unwarranted confusion among the homebuyers about their status and forum hunt for appropriate relief. The Supreme Court judgments on anticipatory bail have no universal application and each bench has their own set of rules and consideration, which put the advocates in a perplexing situation to make clients understand if bails are getting rejected by the SC. A new phenomenon of putting strange bail conditions in matrimonial matters is making our work harder to get relief for our clients.
Each case has its own merits and demerits, and we are learning with each brief that is coming to us. In my more than eleven years of journey into litigation in Delhi, every appearance has been a learning experience, though sometimes we won our battle and sometimes lost it. But each brief leaves memory and is an experience, which motivates us to work harder, smarter and faster making survival possible in this continual race of successful litigators with client satisfaction.
In addition to your legal practice, you also serve as a judge for international moot court competitions. How has this experience influenced your perspective on legal education and advocacy?
During my law school, I had participated in a few moot competitions in which I played the role of a speaker as well as a researcher. I then realised that being a speaker in the moot competitions is not really my cup of tea and I was more comfortable in research & drafting. However, as an advocate, although initially I was hesitant to judge the moot competitions but eventually started enjoying the whole process of interacting with the participants and guiding them further. I had the honour to judge the international rounds and national rounds of the Jessup moot competition multiple times. I have now participated almost in every international moot court competition either as an arbitrator or judge viz., Willem C. Vis Moot (Vienna & Hong Kong), ICC trial, Frankfurt Moot, FDI Moot, Cross Examination Moot and various pre moots across continents.
During my journey as a judge for various international moot court competitions I had learnt various aspects of international law, commercial arbitration, investment law, international criminal law etc. Due to my extensive representation in different international moots, I am receiving multiple requests for support and assistance as a coach by different law (domestic and international) schools regularly, thereby complying to most of the requests.
I firmly believe that participation in such competitions is necessary for the law students during their law school because it would eventually help them in preparing for the art & craft of advocacy.
I think Indian legal education needs a revamp to realise the current reality and the same cannot be restricted or limited to bookish knowledge. The new emergent legal regime such as crypto currency, bitcoins, data protection, sports law, privacy law, AI, online ADR and emerging new technology needs to be taught in law school as part of their curriculum. The legal regime is changing with the speed of light and therefore, the law schools also need to catch up with the same to be at par with the real-time advocacy.
Your practice covers a wide array of areas, including constitution, arbitration, commercial disputes, and more. Is there a specific area of law that you find particularly fascinating or challenging, and why?
As you rightly mentioned, I have a whole diaspora of practice while appearing for my clients before various courts and forums. As I stated earlier, I had not selected my cases or had the privilege to select my clientele, therefore, it is very difficult to now admit or say which branch or specific area of law I find fascinating. But I can now confess, my most favourite part is appearing before the Supreme Court.
In the Supreme Court, the advocates are like all-rounder players who draft a wide range of petitions i.e., special leave petitions, writ petition, transfer petition, arbitration petition, civil and criminal appeals and sometimes contempt petition and review petitions.
To answer the question, commercial litigation before any Court or Tribunal fascinates me as I find it exhilarating. Now after spending a good number of years in litigation, I had realised that arbitration matters, IBC related matters and disputes arising out of special laws i.e. RERA, Electricity Act, Telecom Law, and Consumer Protection are always challenging.
You’ve represented clients in various high-profile cases, including matters related to home buyers, sexual assault victims, and constitutional validity. Could you share some insights into the strategies and approaches you employ in handling such sensitive cases?
The term ‘high-profile’ cases has no meaning in actual litigation. Every case is high profile for us. Our work strategy or approach is not different due to involvement of a high-profile individual or big amount. I had recently, represented a victim of gang rape before the Supreme by filing cancellation of bail application. The details of the case had shocked our conscience. We were shocked to see that the identity of the victim is disclosed everywhere by the local authorities, Trial Court and the High Court. We had to seek specific direction from the Supreme Court to redact her name from all court records.
Introduction of RERA and IBC has changed the legal scenario. While appearing in RERA, we had a different strategy in place if a case needs to be filed in UPRERA or HRERA. We prepared a ‘to do’ chart from filing till final grant of relief. The orders of RERA are paper decree and need special litigation strategy for enforcement, sometimes by approaching the High Court. We are representing home buyers under IBC, at different stages of the Insolvency before various NCLTs. The Supreme Court, post Judgement in Amrapali and post constitutional validity of the IBC, had settled law to certain crucial issues in favour of the home buyers, which eventually led to multiple litigation also. The challenge to constitutional validity of CAA is still pending in the Court, therefore, it would be difficult to divulge into that in more details.
There is no specific strategy or approach while handling sensitive cases. The facts speak for themselves, we make sure all facts are verified through documents and correctly represented in our drafts before filing. Our work is very client centric, wherein, we update our client about regular court proceedings as well our line of action. We believe that the client is first & foremost and it is ensured that the client is heard properly and advised as per law, to the best of our ability.
As a writer and columnist for legal publications, you have a keen interest in legal commentary. Are there any current legal issues or trends in India that you find particularly noteworthy and would like to share your perspective on?
I am quite inquisitive about the Supreme Court Judgements and make sure that in my free time I read them and if possible, share my views through social networking or by writing articles or commentary.
The recent development in the arbitration law is worrisome and will work against our country’s official position of being an arbitration friendly nation. The judicial interference or intervention in arbitration matters especially in Section 34 and 37 proceedings needs a revisit by the legislature.
At times, the Supreme Court judgements/orders are contrary to already settled legal positions and passed by ignoring the previous precedents which is a dangerous proposition.
The decision of the Constitution bench in the demonization case had set a wrong precedent by going against the settled legal position in relation to RBI’s power and involvement of the Central Government by announcing the same in hurry without any application of mind.
The Maharashtra CB Judgement had failed to lay down any legal position and indirectly supported and gave a stamp of approval for dethroning an elected government by money power.
I firmly believe that the State should not enter into the personal space of an individual and privacy must be respected as per the scheme of the Constitution.
The Supreme Court refusal to hear cases of individual liberty and matters of national importance has created a doubt on authority of the Court. I feel that the Supreme Court cannot be a CJI centric Court and the administrative side also needs to be run through a consultation process of the senior most judges. The ‘Master of the Roaster’ power given to the CJI must be reviewed and individuals cannot be given an absolute power, which can compromise integrity of the Institution.
I must laud the various measures taken by the current CJI DYC for making the court more litigant centric and approachable for a common man. The virtual hearing needs to be made permanent and not optional on behest of the Court. The litigant and advocate must be given the right to choose how they want to appear in the Court.
The enactment of the Mediation Act and Digital Protection Act and establishment of different arbitration centres across the country is a welcome step in the field of law.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are starting their legal careers, especially those interested in litigation and dispute resolution?
I consider myself as a student and try to learn everyday through different modes. Despite spending a considerable time in litigation and dispute resolution, I still go to the Court just to hear the arguments of the Counsel, whenever some important matter of national or constitutional importance is going on. I had also enrolled myself for various mentor mentee programs offered by multiple platforms. I interact with law students and share my experience with them by telling do’s and don’ts before entering litigation with my little experience.
In today’s AI centric world, the legal profession is also not immune from its impact. Adoption of technology and usage of social networking is a key to survival for a better future to all those who are planning to enter this profession. Young lawyer’s must do networking and interact with their seniors and colleagues in the profession for guidance.
All those who are planning to enter litigation as a first-generation lawyer or an outsider, start networking from college days itself and try to get internships from those places wherein you seek future opportunity post law school. Get accustomed to technology and AI and try to be updated with the latest legal news around you. If you are curious and patient, you will surely survive in this profession.
I feel that Delhi as a place for advocates is full of opportunities and there is work for everyone, even though the competition is tough, the best will survive and grow gradually. Patience, perseverance, optimism and inquisitiveness are the key factors for survival in the litigation.
Lastly, considering your diverse legal background, what are your future aspirations or goals in the field of law, and how do you plan to continue making an impact in the legal profession in India?
We are growing gradually with help and assistance from all our well-wishers. Our aim is to continue making a difference in people’s lives through our legal work and assist all our clients to get them appropriate relief effectively.
I am planning to continue my contribution to legal education and advocacy by teaching law students in law schools and writing on legal issues to advance knowledge and promote legal research and writing.
I will continue to promote alternative dispute resolution (ADR) as an alternative to resolving issues through mediation and arbitration which can help reduce the burden on courts and promote quicker, cost-effective resolution of disputes for everyone.
I am a firm believer of sharing legal knowledge by teaching and mentoring law students and young lawyers which will ultimately help shaping the future of the legal profession.
Sir, can you tell us about your journey and how you ended up becoming a lawyer and Advocate-on-Record before the Supreme Court of India?
My journey in the legal profession started in my small hometown, Shikohabad, Uttar Pradesh. Despite hailing from the legal background, I initially found myself more drawn to the field of biology. The complexities of biology truly piqued my interest during those early days. However, fate had a different path for me, and in 2002, following my father’s steps, I decided to pursue my career in law. Little did I know that this decision would completely change my perspective and ignite a sincere passion for legal practice. I excelled as a student in my law school, and I was fortunate to have the valuable opportunity to extensively attend the civil and revenue courts and to also engage in case preparation right from my very first year in law college. I still have vivid memories of sitting in courtrooms, attentively hearing the lawyers’ arguments in unrelated cases, and diligently noting down the references of each judgment and provision cited during the hearing in my notebook. This enabled me to read most of the relevant judgments and provisions that may be used in a dayto-day practice and also gave me insights into the diverse categories of disputes. Also, my father encouraged me to regularly read the monthly law reports. He advised me to maintain a diary and write down the details of relevant judgments of each month. This not only helped me develop a good understanding of law but also improved my analytical skills as a student. Later, after relocating to Delhi, I decided to become the Advocate-on-Record before the Supreme Court of India and fortunately, I cleared it despite the challenges that came along with way. My journey has been enriching, and I am grateful for every twist and turn that led me to where I am today.
You started your career as an independent legal practitioner at the original side. How did this experience shape your approach to resolving civil-commercial disputes?
I joined my father’s practice upon completing my graduation and worked on civil cases ranging from personal and family disputes to those involving the government departments and also public sector undertakings. At the same time, I also started handling and arguing my own cases at the revenue side. These early experiences honed my legal skills. I still cherish a wise advice my father gave me during my first year in law school. He told me to first seek the answers in the Bare Act, Commentaries, and the Law Reports before approaching him for any guidance. This advice gave me a strong sense of self-reliance. Undoubtedly, practical experience plays a vital role in shaping one’s journey as a lawyer. Being a good lawyer entails not just knowing the concepts but also the practical aspects of litigation! My experience as an independent legal practitioner has significantly shaped my approach in handling civil-commercial disputes. I approach every case with empathy for my client and a deep dive into the intricacies involved. My passion for law, however, remains the driving force behind my career as a lawyer. While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts.
Over the years, you have developed expertise in handling high-profile matters before various forums nationwide. Could you share some key insights or experiences from your practice that have had a significant impact on your legal career?
Having accumulated valuable experience in civil and revenue cases, I consider myself fortunate to have had the opportunity to work on and handle noteworthy cases that not only tested my skills but also contributed significantly to the enhancement of my legal expertise. Upon relocating to Delhi, the first case assigned to me was a high-profile multi-pleading international arbitration, seated in London, wherein the dispute between the parties was related to the oil and gas fields in the western cost of India. In the course of this arbitration, I had the privilege of working with some of the most distinguished legal counsel from both India and Britain, who imparted to me invaluable lessons and knowledge. In addition to that, I also worked on international arbitrations related to the transfer of technology in the defence sector. This experience provided me with invaluable firsthand insights into arbitration procedures in different jurisdictions, level of preparation required, and the working of the foreign lawyers/law firms. After joining Karanjawala & Co., I worked on several high-profile cases, and I am deeply appreciative of the firm for placing trust in me. I would love to share about two of these notable cases. First case, that has a special place in my heart, is the Centrotrade Minerals case. I did the matter during the last two crucial rounds before three-judge benches of the Supreme Court of India. This led to the two landmark judgments of the apex court wherein the apex court legalised the concept of two-tier arbitration in India and the gave a green flag to the enforcement of arbitral award passed therein. It was an experience I will always cherish. The entire team, including the senior advocate, dedicated themselves to the case, and thanks to the collective hard work, we were able to achieve a positive outcome in this matter. The other case is Essar Steel Insolvency, which has been one of the largest cases under the Insolvency and Bankruptcy Code 2016 (IBC) regime. I have had the privilege of being part of the core legal team at all levels and working closely on this case. It all started in 2017 from a small room in NCLT, Ahmedabad and ended with the approval of the resolution plan on November 15, 2019, in the magnificent Court No. 5 of the Supreme Court of India. These two years were quite intensive and exhausting, with numerous hearings and multiple rounds at NCLT, Ahmedabad, NCLAT, and the Supreme Court. In this case, we found ourselves navigating through the intricacies of a statute that was in its nascent stage. Back then, we did not have a privilege of case laws or commentaries to lean on for guidance. This added an extra layer of complexity to our preparations. So, our team used to engage in rigorous discussions, which often escalated into spirited debates on the various possible interpretations of the relevant provisions. It was an intellectual tussle that we willingly accepted. These debates were crucial to ensure that we put our best foot forward. The entire team put in an incredible amount of effort, and their collective dedication and hard work paved the way for the positive results we achieved in these matters. Throughout this process, our senior advocates also played a vital role by guiding us in making the well-informed decisions. This case holds special importance in my heart as the two landmark judgments played a decisive role in shaping insolvency laws in India.
You have an impressive track record in handling Corporate Insolvency Resolution Processes under the IBC. What drew you to this area of law, and how do you navigate the complexities of such cases?
Indeed, my voyage into the world of the IBC has been nothing short of fascinating. What particularly impresses me about it is how a financially distressed corporate debtor revives under the IBC, much like a phoenix that rises from the ashes. Also, the necessity to properly balance the interests of all stakeholders distinguishes these cases from other forms of disputes. I must that the sense of satisfaction that comes from navigating thought it, as a lawyer, is truly fulfilling. My approach to handling these intricate cases revolves around thorough no-nonsense preparation, which means having an in-depth knowledge of the applicable laws and the facts of the case. It is also important to stay informed on the insolvency law developments and to understand the industry-specific dynamics at work.
Your experience in international and domestic arbitration is extensive. Can you share some of the unique challenges and rewards of representing clients in diverse sectors during arbitration proceedings?
Handling arbitration, whether on an international or domestic level, has been a journey filled with both unique challenges and incredibly rewarding experiences. Each case presents its own unique set of complexities, technical nuances, and industry-specific requirements, and I have had the privilege of representing clients in a variety of sectors, both in India and overseas. Effectively navigating these difficulties requires an in-depth knowledge of the specific subject. It is undoubtedly difficult, but the joy that comes from consistently growing your legal knowledge is very fulfilling. One of the main challenges in arbitration is the rigorous preparation it demands. Every facet of the case, from building your case to producing evidence or conscripting your arguments, requires thorough research and meticulous preparation. However, the satisfaction of presenting a well-prepared case and achieving favourable outcome for the clients makes all the effort worthwhile.
As an accomplished lawyer, you have represented clients in various sectors, ranging from Real Estate and Healthcare to Information Technology and Pharma. How do you approach advising clients on legal matters in such diverse industries?
When it comes to advising clients in diverse industries, I approach it with a practical and clientcentric perspective. I believe that understanding the client’s commercial interests is fundamental. My professor used to remind us that law is a multidisciplinary subject, and you cannot truly become a legal expert unless you are ready to delve into the subjects where you have to apply your legal knowledge. What I mean to say is that while practicing law, lawyers come across various disputes relating to industries, ranging from technology to healthcare to real estate to defence, and so on. To give clients the best legal advice, it is essential for us to have the basic understanding of these industries and the difficulties they encounter. These days clients expect more than just a legal counsel, they want trustworthy lawyers who can guide them through the practical implications of the law on their businesses. It is not just about giving textbook advise, but also about understanding how the law is developing and impacting the industries in which the clients operate. This approach allows me to give practical and strategic legal advice to the clients, ensuring that their wants are met with tailored solutions.
You’ve been associated with well-known litigation firms like Karanjawala & Co. Can you talk about the significance of being part of such esteemed professional associations in your legal career?
My association with Karanjawala & Co. has been a transformative experience for me. The firm handles a wide range of cases, from high-stakes and complex commercial cases to straightforward family matters. It is certainly one of the best litigation firms in the country, and the opportunities it provides cannot be equated with anything else. Every case I handled or worked-on during my association with the firm, gave me an opportunity for my professional and personal growth. I want to express my sincere gratitude to my seniors/colleagues, both within and outside the firm, who immensely contributed to my growth as a lawyer. Throughout this journey, their support has been crucial.
Looking back at your educational journey, how did your LL.M. in Corporate Law & Governance from NALSAR University of Law contribute to your career growth as a lawyer?
After some years of practice, I decided to pursue post-graduation at NALSAR University of Law, Hyderabad. It was a crucial turning point in my academic career. The university provided a two-year masters’ program in Corporate Law and Governance. These two years not only gave me with invaluable insights, but also provided me with an alternative perspective that benefited my career as a lawyer. The unique mix of students and the presence of prominent faculty members from all around the globe made my experience at NALSAR very special. Apart from the academics, I understood the immense power of networking and the importance of building connections within the legal community.
Having accomplished so much in your legal career, what advice would you give to fresh graduates who are aspiring to succeed in the field of law? What qualities and skills should they focus on developing to excel in the legal profession?
When I reflect on my legal career, I realize that it is only the beginning. Having said that, and given my limited experience, my first and foremost advice to fresh law graduates is to work with sincerity and dedication, but also prioritize your health. This profession is stressful and draining and, therefore, selfcare is important. Second, establish a strong network of personal and professional contacts. These connections can provide crucial help and collaboration opportunities. Third, keep your client’s interest in mind at all times, try to understand their concerns from their point of view, and come up with sensible and ethical answers. Fourth, while your dedication to work is necessary, don’t forget to spend quality time with your loved ones. They sacrifice a lot for your success. Lastly, in our profession, English is gold, and it forms the foundation of effective communication at all fronts. Embrace it as your first language so that it would become a valuable tool for your legal journey.
