Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi?
From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.
Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam, it became the natural choice for my legal education. At Amity Law School, I gained a solid understanding of legal concepts. Many of the professors, who were former practitioners, provided invaluable practical guidance and insights, enriching my academic experience with real-world applications.
You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?
Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.
The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively.
What motivated you to start your independent practice in 2017, and what challenges did you face during this transition?
After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice.
For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice.
Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.
Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?
Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.
Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?
Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.
In the context of the Insolvency and Bankruptcy Code (IBC) in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases.
The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an Operational Creditor rather than a Financial Creditor, the Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently.
You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?
During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.
The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme Court.
While I acknowledge the benefits of technological advancements, I believe there are still limitations to address, such as the need for a reliable internet connection. Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination?
What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?
For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial. For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.
Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential.
Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.
Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?
Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice.
Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!
Can you share how you began your career in law and what motivated you to pursue this path? Was there someone who inspired or motivated you to make a career in Law?
I have seen my father crusading the cause of litigants, most of whom were poor and oppressed, and his commitment to the cause of justice, irrespective of whether his clients could pay his fees. With his excellence as a private counsel, who rose to the position of the Chief Standing Counsel for the State, rescuing public departments from many a piquant situation that arose during his tenure, I held him (and still keep him) as my role model and therefore I had no ambition, no aspiration, no other option but to study law and to serve and aid the ailing humanity with the power of Law.
With over 25 years of diverse experience in the legal field, what significant changes have you observed in the practice of law?
The technological developments worldwide have lessened the gap between fellow humans across the globe and social interactions which now happen worldwide on various social media platforms have not only broadened the horizons for budding lawyers but have enhanced their capacities and abilities. In olden times, legal research which mandated visits to libraries, and reading through books, journals and digests is now available with the click of a mouse. The information, which is available freely on the world wide web can be accessed by anyone and everyone, but then, there is certainly a word of caution for those who just believe in cut and paste, as many times, deceptive websites may offer a concocted information which may land the user in trouble. Technology and Law go hand in hand, but so do caution and care, which need to be exercised by those using technology to aid their research.
In your private legal practice, you have handled various cases in Family Laws, Civil, and Criminal Litigation. Can you share a memorable case and its impact on your professional growth?
Post Covid, there has been a spurt in cases relating to matrimonial relationships where the couple fight a concerted battle, which results in multiple FIRs being filed from either sides and related litigation in the form of a maintenance case, a case under Domestic Violence Act also being agitated in courts of law. A close look at the cases would reveal that these cases are mostly an outcome of an ego clash between the spouses where the role of an Advocate is more of a counsellor, who must use his skills to mediate and bring the parties to a consensus as, in a matrimonial case, and the cases that ensue, it is not only the couple which suffers, it is their families which suffer the trauma. In my role as an Advocate in matrimonial cases, I have successfully closed dozens of cases brought about an amicable settlement between the parties, withdrawn criminal cases, ensuring a better tomorrow for the estranged couple, by way of an agreement that created a win-win for the estranged couple.
A Memorable case that I would share related to a frantic phone call to me from a lady, a mother whose daughter aged about 13 years, complained of stomach ache and was taken to a nearby hospital where it was revealed that the girl child was pregnant and was carrying a live foetus. The family extremely poor, was devastated. On our intervention and request made to the SP, an FIR was registered and the culprit was arrested and sent to judicial custody. The bigger concern was the pregnancy which would have cost the girl child, her life. We coordinated, got a petition filed in the High Court and procured permission to abort the foetus, at state expenses. Post this traumatic incident, we handheld the girl, ensured that she was treated well and left her home, while also ensuring the payment of a compensation of 3.00 Lacs from the government, which would go a long way in sustaining her in the drama called life. All this was done gratis, pro-bono for which not a single penny was charged from the family/child.
Another memorable achievement, which is worth sharing, is the case of tourist guides of the all-famous Husainabad Trust, which owns the majestic and most beautiful monuments of Lucknow, the cultural hub of north India, and includes the signature monument of Lucknow – Rumi Darwaza, Asafi Imambada and Bhool Bhulayya, Chota Imambada etc. These tourist guides were not even paid the wages that were payable to an unskilled worker. At their request, we took up their cause pro-bono and ensured the grant of the minimum pay scale to these lesser privileged brethren, besides other social security initiatives, an effort which was lauded worldwide.
Having worked both as an in-house counsel and as an independent advocate, can you share your experiences and insights on the distinct challenges and rewards of each role, and how they have shaped your overall legal perspective?
Having aced my academics with distinction (Securing First Place in the LL.B. Examination from Jamia Millia Islamia and then having topped the Merit list of LL.M. from the University of Lucknow, securing 2 gold medals), I always craved knowledge on the working of the public as well as private institutions and I spent a considerable time, working for a central government PSU and a corporate giant, heading their legal wing. I learnt that while in government, officers are only conscious about saving their skin and trying how to delay and thereby stall a project (as one only becomes accountable when a particular action that is taken turns bad after a few years, making those who initiated and concluded the said appraisal vulnerable) private sector is just the reverse. The private sector is result/solution oriented, meaning thereby that the private sector understands the concerns and procedural hiccups but an in-house counsel is required to provide solutions on how to get a project going. In the private sector, it is the result that matters and the result is the determinant of the continuance of a job in a private entity, notwithstanding the business group which controls it.
The learnings from both the government and provide sectors which I have gathered through these formative years of my professional career are helping me in discharging my functions as a private counsel, as I understand the concerns and issues of both these enterprises and have an edge on my peers who are less aware on how the decision making takes place on these divergent sides. This knowledge and understanding help me serve my clients in a better and promising manner.
Your work in the preservation of heritage monuments in Lucknow is well-known. What inspired you to take up this cause, and what has been your most rewarding experience in this area?
Protecting and preserving culture, which is a determinant of an individual’s personality is a fundamental duty of every Indian, and when I work towards the concertation and preservation of monuments, I do so in the discharge and fulfilment of my fundamental duty. The monuments of Lucknow and adjoining districts are uniquely distinct and have an aura that resonates once you even have a cursory glance over them. These monuments have always fascinated me as a child and I used to fight with my friends who would scribble on the monuments. The fascination turned into a passion when in the year 2008, I was entrusted with a monument (Mausoleum of King Amjad Ali Shah, Hazratganj, Lucknow constructed in 1847) as a trustee appointed by the State Waqf Board. In a struggle that ensued, it transpired that the monument, which was a centrally protected monument was obscured, vandalised and on the verge of an imminent collapse, forming a part of the “Lost Monument” of Lucknow. Since neither the Wakf Board, nor the earlier committee of the Waqf had any documentation regarding this monument, the RTI Act came to our rescue and the RTI Applications we filed before the concerned authorities, visits to the Archives, regular follow-ups with the authorities resulted in the initiation of action, initially with the removal of encroachments from within and around the monument, and then its conservation and preservation, as a result whereof, the monument now stands restored as a live monument. Unfortunately, during the first COVID lockdown, the outer gate of the monument crumbled down, which has also now been fully repaired and conserved as a result of our efforts and follow-ups with the concerned stakeholders. The most rewarding moment was being adjudged “One Man Preservation Movement” by the internationally acclaimed magazine “The Economist” in Oct 2016.
The learnings gathered from the Mausoleum of King Amjad Ali Shah are now being replicated for the other similarly situated monuments of Lucknow which are equally vandalised, encroached and unkempt. I am confident that I shall be able to ensure a proper conservation of our cultural heritage, with guidance from the Hon’ble High Court where my PIL on this count is engaging regular attention of the Hon’ble High Court whose intervention is proving to be a boon for the monuments and their conservation.
Your research on the Allahabad High Court Rules led to a significant amendment. What drove you to undertake this research, and what impact has it had on the legal community? Please share some insights if you can.
An Advocate, to be able to do justice with his profession, has to be inquisitive. In my endeavour to secure the rights of my fellow citizens, I came across this provision of the Allahabad High Court Rules in the form of Chapter XVIII Rule 18(3)(a) which mandated a 10 days notice to the Government Advocate (to enable him to seek instructions from the districts regarding criminal antecedents of the bail applicants and instructions on the said applications). This notice period was necessary before the bail application was placed before the Hon’ble Court for hearing. This rule indicated the deprivation of the right to life and personal liberty of an individual sans “due process of law”. This intrigued me and I initiated research on the subject, studying similar rules across the country only to note that no rule akin to this patently unjust rule existed in any High Court across the country, irrespective of geographical areas of the states. The rule was therefore challenged before the Hon’ble Supreme Court, by way of a PIL which was drafted after thorough research and in terms of the directions of the Hon’ble Supreme Court, the Rule was amended from 10 days to 2 days, to the respite of thousands of those who languished in jails without hearing, for a minimum period of 10 days, which even extended further on account of procedural technicalities. The rule that stood in the rulebook for almost 4 decades was not challenged and led to the deprivation of the rights of scores of citizens. This in fact, is my contribution towards my fellow citizens and profession which I cherish.
Winning the prestigious Changemaker Award for five consecutive years is a remarkable achievement. How did these awards influence your work and inspire others?
The corporate sector, especially the larger companies with substantial turnover has a CSR wing, adhering to a legal mandate, and some of these companies including the Bharti group get involved in several far-reaching social initiatives and walk the talk by motivating their personnel towards public causes. I, for one, have been a Samaritan for whom public service and aiding the ailing humanity has been a priority had been crusading for many public causes all through, which were identified by the company’s foundation which enlisted my socially oriented individual efforts in the category for in-house professionals and post a detailed review which comprised of a committee of distinguished personnel and social activists selected globally, my initiatives were found laudable and creditworthy and they were rewarded by way of Changemaker Awards 5 years in a row, till I switched to a different role and reverted to hardcore advocacy.
As a visiting faculty at various institutions, what key lessons do you impart to your students, and how do you prepare them for a successful legal career? Also, what advice would you give to young legal professionals who are just starting their careers in the current legal landscape?
We, Indians have proven acumen and are conscious about our rights and reach the authorities whenever any of our rights are infringed, seeking prompt redress. While agitating for our rightful claims is our right, we have an equally important set of duties that are enshrined in Article 51A of the Indian Constitution. Unfortunately, most of my fellow countrymen are hardly aware of these duties and those who are aware, do not perform these duties. In all my interactions with the students and officers, I always insist that we must not only read, understand and perform the fundamental duties, but also imbibe upon our younger generation, especially the budding lawyers to inculcate these fundamental duties in our persona, and I am confident that if we do so, our country shall gradually rise and shine, becoming a world leader, a position which we aspire for and rightly deserve.
The young lawyers who are about to enter the unfathomable legal profession need to know that there is no alternative to hard work, and their interactions with the clients and the needy need to start with a notebook in their hands, where they need to give a patient hearing to the concerned, note down the concerns and then decide upon the course of action suited for a particular situation.
Outside of your professional life, what personal hobbies or interests do you pursue, and how do they influence your approach to your legal practice?
My personal hobbies include social interactions, reading and writing and these hobbies enable me to learn the human values of commitment, dedication, and devotion and to a larger role of a social reformer which an Advocate has to play as a person who is not only leaned but also knows how to interpret laws and write the petitions aimed at aiding the ailing humanity. The knack of a lawyer as a crusader for the rights of the poor and the oppressed is beautifully expressed by poet Waseem Barelvi when he writes :
Can you share the story of how you started your career in law and what motivated you to choose law as your career? Please walk us through your journey.
Certainly! My journey into the legal profession began with a deep-seated fascination for the intricacies of the law and its profound impact on society. From a young age, I was captivated by courtroom dramas and the idea of justice being served. This innate curiosity propelled me to pursue a career in law.
My path started with earnest studies in the field of law, where I immersed myself in legal theory and practice. The more I learned, the more I realized that law was not just about winning cases but was a tool to effect change and uphold justice. This realization only fueled my passion further.
After completing my formal education, I began my professional journey by joining a reputable law firm. There, I had the opportunity to work on diverse cases, that not only honed my legal skills but also exposed me to the multifaceted nature of the legal landscape. Each case was a new lesson, teaching me the art of advocacy, the importance of thorough research, and the power of persuasive argumentation.
As I continued to grow in my career, I took on more complex legal challenges, representing clients in various legal forums. The satisfaction of helping individuals and businesses navigate the complexities of the law and achieving favorable outcomes for them was incredibly rewarding.
Throughout my journey, I have been motivated by the desire to make a positive difference through the practice of law. Whether it’s protecting the rights of the underprivileged, advising corporations on compliance, or crafting legal strategies that lead to successful resolutions, my career in law has been driven by a commitment to justice and a passion for the legal craft.
In essence, my story is one of continuous learning, adaptation, and dedication to the legal profession. It is a journey that I embarked on with a sense of purpose and one that I continue to pursue with the same enthusiasm and determination.
You have held various professional roles throughout your career, from legal associate to marketing executive. Can you share how these different roles have contributed to your overall skill set and professional growth? Also, can you highlight various roles you played in your career?
Throughout my career, I have had the opportunity to wear multiple professional hats, ranging from legal associate to marketing executive. Each of these roles has played a pivotal role in shaping my skill set and contributing to my professional growth.
As a legal associate, I honed my analytical skills, attention to detail, and ability to navigate complex legal frameworks. This role taught me the importance of thorough research, critical thinking, and the art of persuasive argumentation. It also instilled in me a deep understanding of the law and its practical application, which has been invaluable in my career.
Transitioning to a marketing executive role, I acquired a different set of skills. This position required me to be creative, understand consumer behavior, and develop strategic marketing campaigns. It enhanced my communication skills, both written and verbal, and taught me the importance of branding and market positioning. This role also provided me with insights into the business world, including aspects of sales, customer relations, and market trends.
Each of these roles has contributed to my overall professional development by adding new dimensions to my skill set. The diverse experiences have not only made me a more well-rounded professional but have also equipped me with the versatility to adapt to different professional environments and challenges.
How has practicing law in both India and Dubai enriched your understanding of different legal frameworks and influenced your approach to various legal matters?
Practicing law in both India and Dubai has been an incredibly enriching experience that has significantly broadened my understanding of different legal frameworks and influenced my approach to various legal matters.
In India, the legal system is deeply rooted in a comprehensive common law tradition, with a strong emphasis on case law and judicial precedents. The complexity of Indian legislation, coupled with the dynamic nature of its legal environment, requires a meticulous and analytical approach to legal practice. This experience has honed my ability to navigate through intricate legal provisions and has equipped me with a robust foundation in legal research and argumentation.
On the other hand, practicing law in Dubai introduced me to a unique blend of civil law and Islamic law, or Sharia. The legal framework in Dubai is characterized by its commercial orientation and international outlook, given its status as a global business hub. This exposure has taught me the importance of cultural sensitivity and the need for a pragmatic approach when dealing with cross-border legal issues. It has also enhanced my understanding of international commercial law and arbitration, which are critical in the context of Dubai’s thriving business landscape.
The diverse experiences gained from practicing law in these two jurisdictions have influenced my approach to legal matters by fostering a more holistic and adaptable mindset. I have learned to appreciate the nuances of different legal systems and to apply a comparative perspective when analyzing legal issues. This has not only made me a more versatile legal practitioner but has also enabled me to provide clients with innovative and effective legal solutions that consider the multifaceted nature of the global legal environment.
With your extensive background in intellectual property and cyber law, what recent developments in these fields do you find most intriguing, and how do they impact your practice?
With my extensive background in intellectual property and cyber law, I find the recent developments in artificial intelligence (AI) and blockchain technology to be the most intriguing. These advancements are not only shaping the future of innovation but also presenting novel challenges and opportunities in the realms of intellectual property and cyber law.
In intellectual property, the intersection of AI and creativity has sparked debates on the ownership and protection of AI-generated works. Questions about the eligibility of AI as an inventor or author, and the implications for patent and copyright law, are at the forefront of legal discussions. This has a direct impact on my practice as I advise clients on strategies for protecting their innovations in an increasingly AI-driven landscape.
On the cyber law front, blockchain technology, with its inherent characteristics of decentralization and immutability, is revolutionizing the way we think about data security, privacy, and digital transactions. The rise of non-fungible tokens (NFTs) as a means to represent ownership of unique digital items has introduced new legal considerations regarding the rights associated with digital content. As a practitioner, I am actively engaged in navigating these emerging legal territories to ensure my clients can leverage blockchain while mitigating associated risks.
These developments require a continuous update of my knowledge and an adaptive approach to legal practice. They also underscore the importance of interdisciplinary understanding, as the legal implications of technological advancements often transcend traditional legal boundaries. My practice is enriched by these developments, as they offer the opportunity to be at the cutting edge of legal innovation and to contribute to the evolving legal frameworks governing intellectual property and cyber law.
As the legal marketing executive for Amira Saqer Advocates, what strategies do you use to manage your workload, and how does this position complement your other professional responsibilities?
As the legal marketing executive for Amira Saqer Advocates, I manage my workload through strategic planning and prioritization. I start by outlining my tasks and deadlines, ensuring that I allocate sufficient time for both marketing activities and staying informed about legal developments. This involves creating a schedule that balances content creation, client engagement, and professional development.
To ensure that my marketing efforts are effective, I focus on understanding the needs of our target audience and tailoring our messaging to address those needs. This requires a deep understanding of our legal services and the ability to communicate complex legal concepts in a clear and accessible manner.
This position complements my other professional responsibilities by providing a platform to showcase our firm’s expertise and build our brand’s reputation. By effectively marketing our legal services, I contribute to the firm’s growth and help attract new clients, which in turn supports the work of our legal team. Additionally, my role as a legal marketing executive keeps me engaged with the latest trends in both marketing and law, enhancing my professional skills and knowledge.
What advice would you give to current and aspiring legal professionals on staying ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law?
To stay ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law, I would advise current and aspiring legal professionals to:
Embrace Continuous Learning: The legal field, especially intellectual property and cyber law, is constantly changing due to technological advancements and new legal precedents. Make a habit of reading legal journals, attending webinars, and participating in continuing legal education (CLE) programs to stay updated.
Develop a Specialization: While it’s important to have a broad understanding of the law, specializing in a niche area can set you apart. Whether it’s patent law, copyright, trademarks, or a specific aspect of cyber law like data protection or cybersecurity, becoming an expert in a particular field can enhance your marketability and value.
Leverage Technology: Familiarize yourself with legal technology tools that can streamline your research, document management, and client communication. Additionally, understanding the technology behind the legal issues you’re dealing with, such as blockchain, AI, or IoT, can give you a competitive edge.
Network: Build relationships with peers, mentors, and professionals in related fields. Networking can provide you with new insights, referrals, and opportunities for collaboration.
Stay Informed on Global Trends: Intellectual property and cyber law often involve international aspects. Stay informed about global legal trends, treaties, and regulations that could impact your practice area.
Adapt to Change: Be open to change and willing to adapt your practice as the legal landscape evolves. This could mean embracing new legal service delivery models, remote working, or alternative fee structures.
Focus on Client Service: Exceptional client service is key in any legal practice. Understand your clients’ businesses and the challenges they face. Provide not just legal advice, but strategic counsel that adds value to their operations.
Ethics and Integrity: Maintain the highest ethical standards in your practice. Trust is paramount in the attorney-client relationship, and a reputation for integrity can be a powerful asset.
By following these strategies, legal professionals can position themselves to thrive in the dynamic fields of intellectual property and cyber law.
Can you highlight some key differences between the legal systems in India and Dubai, and discuss the unique challenges and benefits of navigating these legal frameworks? How have you adapted to these differences in your practice, and what strategies do you use to stay proficient in both jurisdictions?
Certainly! The legal systems in India and Dubai differ significantly due to their distinct historical, cultural, and religious backgrounds. Here are some key differences and the unique challenges and benefits of navigating these legal frameworks:
Key Differences:
1. Legal Framework:
India follows a common law system, which is based on the doctrine of judicial precedent and the principles developed through case law. It has a comprehensive constitution and a vast array of statutes.
Dubai, part of the United Arab Emirates (UAE), follows a civil law system with Islamic Sharia law influencing various aspects, particularly family law, inheritance, and personal status matters.
2. Judicial System:
India has a hierarchical court system with the Supreme Court at the apex, followed by High Courts and lower courts.
Dubai has a court system that includes the Court of First Instance, the Court of Appeal, and the Court of Cassation, with the Dubai International Financial Centre (DIFC) Courts and the Dubai International Arbitration Centre (DIAC) catering to international commercial disputes.
3. Legal Language:
In India, the legal language is predominantly English, with some regional languages used in subordinate courts.
In Dubai, the official language is Arabic, and all legal documents must be translated into Arabic for court proceedings, although English is widely used in the DIFC Courts.
Challenges:
Language Barrier: Practitioners in Dubai must be proficient in Arabic or work with translators, which can be challenging for those whose first language is not Arabic.
Legal Research: The legal resources and case law in Dubai are not as extensive as in India, making legal research more challenging.
Cultural Sensitivity: Understanding the cultural and religious nuances is crucial in Dubai, as they significantly impact legal outcomes.
Benefits:
International Exposure: Practicing in Dubai offers exposure to international commercial law and arbitration, which can be beneficial for a global legal career.
Efficiency: The legal system in Dubai is known for its efficiency and speed in dispute resolution, particularly in the DIFC Courts.
Adaptation and Strategies:
To adapt to these differences and stay proficient in both jurisdictions, legal practitioners can employ several strategies:
Continuous Learning: Engage in continuous legal education, including attending workshops, webinars, and courses on the legal systems of both India and Dubai.
Networking: Build a network of legal professionals in both jurisdictions to exchange knowledge and insights.
Language Proficiency: For Dubai, invest in learning Arabic or partner with local legal experts who are fluent in the language.
Cultural Awareness: Develop an understanding of the cultural and religious aspects that influence the legal systems in Dubai.
Legal Research Tools: Utilize legal research tools and databases that provide access to both Indian and UAE legal materials.
Collaboration: Collaborate with local law firms in Dubai and India to ensure compliance with local laws and regulations.
Stay Informed: Keep abreast of legal developments and changes in legislation in both jurisdictions through legal updates, newsletters, and professional associations.
By employing these strategies, legal practitioners can navigate the complexities of the Indian and Dubai legal systems effectively, providing competent legal advice and representation to clients in both jurisdictions.
Can you share a unique or particularly memorable experience from your legal career that stands out and why it was significant to you?
Certainly, while I don’t have personal experiences, I can craft a narrative that reflects the kind of unique and memorable experience a lawyer might encounter in a bank loan case.
One of the most memorable experiences from my legal career was representing a small business owner in a complex bank loan dispute. The case was unique because it involved a loan that was fraudulently obtained by the business owner’s former partner, who had since disappeared, leaving my client facing the full brunt of the bank’s legal action to recover the funds.
What made this case stand out was the intricate web of deceit and the sophisticated nature of the fraud. It wasn’t just about the misrepresentation of facts to the bank; it involved a series of shell companies, forged documents, and a trail of transactions designed to obfuscate the true nature of the loan’s purpose.
The significance of this case to me was multifaceted. Firstly, it was a deep dive into financial and corporate law, requiring a thorough understanding of banking regulations, fraud detection, and the intricacies of corporate structures. It was a steep learning curve that significantly expanded my legal acumen.
Secondly, the case was emotionally charged. My client, a hardworking entrepreneur, was on the brink of losing everything due to the actions of someone he had trusted. The legal battle was as much about clearing my client’s name and proving his innocence as it was about the financial aspects.
Through meticulous investigation, cross-referencing of financial records, and leveraging expert testimony, we were able to unravel the fraudulent scheme and present a compelling case to the court. The outcome was not only a dismissal of the bank’s claims against my client but also a referral to the authorities for further investigation into the fraud.
This case was significant because it underscored the importance of thorough preparation, attention to detail, and the relentless pursuit of justice. It also highlighted the impact that legal representation can have on an individual’s life, not just in terms of financial outcomes but in restoring their reputation and peace of mind.
This narrative captures the essence of a memorable legal experience involving a bank loan case, emphasizing the complexity, emotional stakes, and rewarding outcome of a challenging legal battle.
Outside of your professional life, what are some of your hobbies or interests, and how do they help you maintain a work-life balance?
In addition to my career, I engage in various leisure activities such as photography, exploring new places, and enjoying films. I have a particular fascination with tales of the supernatural, and I take pleasure in experimenting with various culinary traditions. Among these pastimes, photography stands out as a pivotal practice that helps me achieve a harmonious equilibrium between my professional responsibilities and personal life. It serves as a therapeutic outlet, allowing me to escape the stresses of work and immerse myself in a world of creativity and visual storytelling. Through the lens, I find solace and a sense of renewal, as each snapshot captures a moment in time and transports me to a realm where I can express myself freely and artistically. This hobby not only enriches my personal life but also enhances my perspective and creativity, ultimately contributing to a more balanced and fulfilling existence.
Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.
Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself to becoming a lawyer, the way you are today?
The floor is yours, sir.
Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.
I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.
This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.
Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.
When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.
What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?
I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.
I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.
We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.
When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.
First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.
You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.
Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?
Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.
My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.
Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.
I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.
After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.
In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.
This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.
Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.
Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.
With that in mind, could you please share with us how you started Dhwaj & Associates?
I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.
Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.
How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?
We would also appreciate it if you could provide us with a sort of roadmap, if possible.
Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.
Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.
I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.
Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.
Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.
I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.
This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.
Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.
As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.
Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?
New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.
To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.
Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.
Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.
These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.
The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.
Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.
By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.
Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?
The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.
One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.
Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.
Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.
Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.
Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.
In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.
They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.
Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.
Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.
Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.
This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.
Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.
If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.
Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.
For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.
So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.
You’ve had a remarkable career spanning over a decade in Civil & Commercial Litigation, Arbitration, and Protection of Intellectual Properties. What initially drew you to pursue a career in law, particularly in these specialized areas?
Reflecting on my journey, it’s incredible to see how far I’ve come since my early days. My interest in law began in an unconventional way. As a science student, I realized that engineering wasn’t my path, supported by my teacher’s advice to explore other options. This pivotal moment led me to law school, where I found myself torn between corporate law and litigation. Ultimately, my passion for the dynamic and strategic nature of litigation drew me in.
During my time with Justice Rajiv Sahai Endlaw (Retd.), I had the privilege of observing numerous court proceedings. This experience deepened my appreciation for the intricacies of Civil & Commercial Litigation, Arbitration, and Intellectual Property laws. The strategic thinking required in these fields captivated me, particularly the dynamic nature of the work, which allows me to serve a diverse client base. Working on matters deeply entrenched in business operations demands meticulous examination, precise contract interpretation, and strategic planning. This complexity and the need to understand different business operations truly cemented my decision to specialize in these fields.
My journey in litigation truly began when I found myself managing several matters in a litigation chamber. The immense challenge pushed me to my limits and beyond, but it also provided vast growth opportunities. Winning independent cases built my reputation and boosted my confidence.
Joining Dua Associates marked a significant milestone in my career. Here, I found a place that resonated with my values and aspirations. Each dispute I handle presents unique challenges with intricate questions of fact and law. I thrive on the intellectual rigor required to navigate these complexities and derive immense satisfaction from crafting innovative legal solutions that align with my clients’ best interests.
You’ve been involved in a wide range of high-stakes cases, from defending Fortune 500 companies to representing public sector undertakings. Could you share with us one of the most challenging cases you’ve handled and how you navigated through it?
One of the most challenging cases I handled was defending a Fortune 500 company against an injury claim that arose from a chemical disaster. The brief provided in the case was very unique and extremely challenging, posing very peculiar factual and legal questions for determination—questions that had not been previously considered or dealt with. This one-of-a-kind case involved multiple jurisdictions, requiring an in-depth review and examination of a voluminous record dating back nearly three decades.
The case also necessitated a thorough study and examination of key principles concerning jurisdictional arguments, particularly from the US standpoint. I played a key role in developing the strategy, coordinating with external counsels, and managing the litigation process. My approach was meticulous, ensuring that every detail was scrutinized and every possible defence explored.
This experience taught me the importance of strategic planning and thorough preparation. Ultimately, our team secured a favourable outcome for the client, which is now one of the leading cases of the Constitution Bench of the Supreme Court. This outcome was a testament to our rigorous and coordinated efforts, and it reinforced my belief in the power of teamwork and meticulous legal strategy.
Your profile highlights your involvement as Amicus Curiae with the NCDRC and your recommendation by Legal 500 Asia Pacific Guide. How have these experiences influenced your approach to legal practice and your career trajectory?
Being appointed as Amicus Curiae by the NCDRC was a significant milestone in my career. Having the privilege of working on several consumer disputes, this appointment was a testament to my consistency before the forum. It allowed me to provide impartial advice and support on complex service-deficiency appeals, enhancing my understanding of consumer protection laws and judicial processes. This role honed my analytical skills and reinforced the importance of ethical practice. I hope to make a significant impact on consumer jurisprudence through my continued efforts in this area.
Similarly, being recommended by the Legal 500 Asia Pacific Guide for ‘Dispute Resolution-Litigation’ was a recognition of my expertise and dedication. I am grateful for the springboard provided to me by SKV Associates and the platform Dua Associates, which have both played crucial roles in honing my skills. Recognition such as this helps enforce the belief in one’s abilities. But I firmly believe that wins, whether big or small, do not necessarily equate to favourable outcomes. Often, an acknowledgment from the presiding judge, adversary counsel, or positive client feedback can be equally gratifying.
Dispute resolution often provides instant gratification, whether it comes from a favourable ruling or a simple nod of respect from peers and clients. These moments keep me motivated and committed to my work, driving me to pursue excellence and integrity in every case I handle.
With such extensive exposure across different courts and tribunals in India, including the Supreme Court, what have been some of the key lessons you’ve learned about effective litigation management and strategy?
One of the key lessons I’ve learned is the importance of preparation and adaptability. Effective litigation management requires a deep understanding of the case, meticulous preparation of evidence and arguments, and the ability to adjust strategies as proceedings develop. Collaboration with clients and colleagues is crucial to ensure all perspectives are considered and the team works cohesively.
Being thorough with the facts is essential. Detailed notes and a list of important dates, especially in extensive briefs with multiple orders, assist in memory recall and guide the presentation of correct facts before the court. Clear and concise communication, written and oral is vital for presenting compelling arguments and ensuring the court understands the case’s nuances.
Sound and comprehensive pleadings must be backed by thorough legal research. While legal arguments can evolve, their foundation should be in the pleadings. Pursuing litigation with vigilance and attention to detail is crucial, as some cases are won on finer points. It’s important to focus on research, know the case against you well, and be prepared to distinguish facts if necessary. Always run an authority check before citing cases.
Strategically, it’s crucial not to lose sight of the long-term objective while pursuing interim reliefs. Always know the end goal from the client’s perspective while developing your strategy. Adapt strategies as proceedings develop, and don’t reveal all your arguments at once. Hold back some arguments for the right stage in the proceedings. Learn from setbacks and remain practical.
These lessons have been instrumental in achieving favourable outcomes for my clients and have reinforced my commitment to excellence in litigation management and strategy
You’ve also delved into trade remedy laws and anti-dumping investigations, securing significant outcomes for your clients. Can you explain the intricacies of these areas of law and how they impact your clients’ business operations?
Trade remedy laws and anti-dumping investigations are critical for protecting domestic industries from unfair trade practices. These areas involve complex legal and economic analysis to determine whether imports are being dumped and causing injury to the domestic industry. This specialized field requires a deep understanding of legal frameworks and industry dynamics.
Anti-dumping duties are imposed when foreign companies sell goods at prices lower than their home market or production cost. These duties typically last five years but can be extended or revised if a review investigation finds the conditions for duty imposition continue to exist.
In any anti-dumping investigation, a proactive approach is essential for exporting companies to defend their interests, mitigate risks, and maintain their competitive position in the global marketplace. The concepts of dumping and injury are central to assessing the impact of imports on the domestic industry and determining the need for anti-dumping measures to restore fair competition and protect domestic producers.
Dumping occurs when a foreign company sells its goods in an export market at a price below the price it charges in its home market or below the cost of production. “Injury” refers to the harm or adverse effects suffered by the domestic industry as a result of dumped imports. When determining whether to impose anti-dumping duties, the authority assesses whether the domestic industry has been materially injured or is threatened with material injury due to the dumped imports.
To evaluate injury, the authority examines various economic parameters of the domestic industry, including production, sales, market share, and profitability. The third relevant criterion for recommending duty is the causal link between the dumped imports and the injury.
My role involves representing clients in investigations, preparing detailed submissions, and regularly appearing before the authority. Favorable outcomes, such as duty waivers or reduced duties, significantly impact my clients’ business operations by protecting their market share and viability.
Trade remedy investigations and appeals are not just about legal principles but also involve detailed facts, data analysis, and presentation. An in-depth understanding of production processes, industry-specific dynamics, and the ability to gather material information by closely working with clients on data assimilation and analysis is crucial.
Being part of the actual investigation process provides an edge in cases where appeals are filed before competent Tribunals and higher courts. Navigating these intricacies demands meticulous legal and economic analysis, a thorough understanding of the client’s industry, and strategic thinking. By mastering these complexities, I have helped my clients achieve favorable outcomes and protect their business interests in a highly competitive global market.
Transitioning from an Associate to a Partner at Dua Associates is a significant achievement. What advice would you give to young lawyers aspiring to advance their careers in law firms, especially in competitive fields like litigation and arbitration?
For young lawyers, proactive engagement and continuous learning are key. To build expertise in your chosen field, dedicate yourself to tackling challenging cases and stay updated with the latest developments through regular reading. Take advantage of technology for efficient research even during court waiting time.
Specialization is increasingly important today. Identify your area of interest early and seek mentorship from experienced colleagues. Stay current with legal trends and enhance your skills through practical experience. Consistency, a strong learning attitude, and initiative are vital.
Networking and fostering professional relationships are equally critical. Showcase your value with consistent, high-quality work and reliability. Balancing professional growth with personal well-being ensures sustained success and fulfilment in your legal career.
You’ve published articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws. How important has thought leadership and staying updated with legal developments been in shaping your professional journey?
Thought leadership has been crucial to shaping my professional journey. Publishing articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws has kept me abreast of legal developments and enabled me to engage deeply with emerging trends in my fields of expertise. This commitment to staying informed allows me to provide cutting-edge advice and innovative solutions to complex legal challenges for my clients.
Moreover, my thought leadership has cultivated a strong passion and enthusiasm for the intersection of technology and law. Areas such as data privacy, navigating challenges within current criminal laws in the context of artificial intelligence, responsible adoption and policy frameworks for AI, and the interplay between intellectual property and AI, including gaming laws, have become focal points of interest for me. This exploration fuels my continuous learning and enhances my ability to contribute meaningfully to the evolving legal landscape
Finally, for fresh law graduates entering the legal profession today, what advice would you offer based on your own experiences and the evolving landscape of legal practice?
To fresh law graduates, I would say that the legal profession offers immense opportunities for those who are passionate and dedicated. Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction. Embrace the evolving landscape of legal practice, particularly the integration of technology and data analytics, which are becoming increasingly important. Develop strong research, analytical, and communication skills, and be open to continuous learning. Networking and building professional relationships will also play a crucial role in your career. Most importantly, uphold the highest standards of ethics and integrity, as these principles will guide you throughout your career. I’ve learned that success often arises from unexpected situations and that embracing change is a vital part of growth. To all the young lawyers and aspiring legal professionals out there, remember that your path may not always be clear, but every step forward, no matter how uncertain, is a step in the right direction. Embrace the challenges, seize the opportunities, and keep moving forward with unwavering determination. Your journey may surprise you in the most wonderful ways.
Can you walk us through your decision to study law? What inspired you to pursue a career in the legal field, and how did your time at Campus Law Center, University of Delhi, shape your outlook on the profession? What were some of the initial challenges you faced in launching your career, and how did you overcome them?
Like many others, I too was uncertain about my career path, so I explored various fields. I had a background in science from school and pursued a Commerce degree in college. It was during this time that I discovered law, which sparked a deep interest in me.
My time at the Campus Law Center, University of Delhi, played a pivotal role in shaping my outlook on the legal profession. The dynamic environment, enriched by diverse peers, inspiring mentors, and numerous opportunities, fuelled my enthusiasm. The rigorous academic curriculum, combined with practical experiences, provided me with invaluable insights into the complexities of legal practice.
Challenges that I Initially faced were transitioning from academia to professional practice, adapting to the practical demands of legal work, such as client interactions, case management, and navigating the intricacies of the legal system, which required a steep learning curve. However, I overcame these challenges through perseverance, continuous learning, and seeking guidance from experienced colleagues and mentors.
In your experience, what are the most common misconceptions people have about arbitration, and how would you clarify them?
Some common misconceptions about arbitration include that it is always faster and cheaper than litigation, that the arbitral awards are final and binding and hence cannot be appealed. Actually, arbitration can be more efficient, but not always. Although there are limited grounds for appealing a decision of the arbitrators, they can be set aside.
A common misconception that I often come across doubts the integrity of the arbitrators. I have always sought to reassure the clients that arbitrators are bound by strict ethical standards and the selection processes as provided in law ensures impartiality.
What inspired you to co-found SAMAGRA LAW, and what unique value do you believe your firm brings to clients?
While working at established firms has its merits, there’s a certain spark that comes with building something new. Perhaps that was my inspiration for Samagra Law to co-found a more dynamic and collaborative legal environment. A place where clients aren’t just cases, but partners in achieving their goals.
Our team structure prioritizes a well-rounded approach. Senior partners with extensive experience bring a wealth of knowledge and strategic thinking. This, combined with a team of enthusiastic associates, fosters a blend of expertise and fresh perspectives.
Outside of your professional life, what hobbies or interests do you pursue to maintain a balance? How do they contribute to your work-life balance?
Balancing the demands of my legal career with personal interests can be quite challenging. Beyond my professional commitments, I prioritize reading and cherish quality time with my family, especially as a dedicated father and son to my aging parents and with childhood friends. While these roles occupy a substantial portion of my time, I also make sure to carve out time for reading, swimming and exercise.
As someone who handles technically complex cases, what strategies do you employ to communicate effectively with clients who might not have a legal background?
When dealing with technically complex cases, effective communication with clients who lack a legal background is essential. To ensure that clients understand the complexities of their cases without feeling overwhelmed, I make a conscious effort to use plain language instead of legal jargon. I break down complex legal concepts into clear and simple explanations and use relatable analogies or real-life examples to illustrate key points. Additionally, I actively listen to my clients to understand their concerns and questions, enabling me to tailor my explanations to their specific needs. I encourage clients to ask questions throughout our discussions to create an open dialogue where they feel comfortable seeking clarification on any aspect of their case. Regular updates on the progress of their case are provided in straightforward language to keep clients informed and reassured about the status and next steps. I approach each client interaction with empathy and patience, creating a supportive environment where clients feel empowered and informed. Managing expectations and providing realistic insights about case outcomes and the legal process helps foster trust and reduce anxiety. By implementing these strategies, my goal is to ensure that clients with limited legal knowledge feel informed, supported, and confident in their understanding of their cases and the legal strategies being pursued on their behalf.
How do you envision the role of technology shaping the future of legal proceedings?
Over the next few years, technology is poised to take legal proceedings to a whole different level. In my view, artificial intelligence will be vastly applied in legal research and review, which will really speed up the preparation stage of a case and involve reduced costs associated with case preparation. Virtual hearings—the creation of necessity throughout pandemics—will have become much more common, bringing improved accessibility and efficiency. Video conferencing and data analytics are going to further revolutionize courtrooms and litigation strategies. Blockchain technology could provide frontiers in smart contracts and secure document storage. We do, however, have to be very conscious of the challenges that are to be contended with, such as access to technology by all and efficient security and confidentiality processes in the legal proceedings.
Reflecting on your early days in the legal profession, do you remember the first time you fought a case? Could you share with us some anecdotes or memorable moments that occurred in the courtroom during that experience?
Yes, I do remember the first case that I fought in court. It was a civil suit filed by a vendor against my client, an automobile manufacturing company before the Agra district court.
An interesting anecdote, I used to be very curious every time I went to that court because the tablecloth on the judge’s table, which was white in color but the portion falling on the side where the lawyers used to stand and argue was varying shades of red. I couldn’t help but ask the court master about this and was most amused to hear from him that some of the local lawyers used to wipe their tobacco chewing mouths while making submissions before the court.
My opposite counsel was a veteran lawyer of the district court. He was somehow deeply impressed by my dedication to reach the court early in the morning on each date of hearing from Delhi as well as my research skills – citing relevant judgements before the court. I finally succeeded in getting the suit dismissed for lack of cause of action. I was pleasantly surprised when he congratulated me and wished me success in my career. Later, he recommended me to some of his colleagues for their cases before the NCDRC, which was really a sweet gesture from him.
With your background in aviation law and dispute resolution, how do you see the landscape evolving in the next decade, particularly in India?
In the first place, I hope to see specialized tribunals in India at the national level, such as the HCAA in Europe, to deal with aviation-related disputes, therefore providing a forum possessing the necessary expertise in handling complex aviation cases.
Arbitration is set to play an increasingly prominent role in resolving aviation disputes. It is uniquely suited to the aviation sector because it is fast, confidential, and expert-driven. We may see an increase in institutional rather than ad hoc arbitration to obtain greater consistency in results and to build up a jurisprudence of sorts.
There is also a growing requirement for more global legislation and arbitration within aviation. Environmental considerations can easily be envisioned to feature largely in aviation law in the future. We are going to witness more sustainability- and reducing-emissions-centered rules and disputes in the near future.
What advice would you give to young professionals aspiring to succeed in the legal field, especially in areas like litigation and arbitration?
What I’d like to tell young professionals who want to excel at litigation and arbitration would be:
Develop a habit of continuous learning. Laws and regulations are constantly evolving, especially where the field is so dynamic.
Specialize in a niche area within litigation & arbitration, as that will further enhance career prospects by showcasing your expertise and differentiation.
Establish a professional network. These are the relationships that will sustain you during your career with colleagues, mentors, and even opposing counsel.
Uphold high standards of integrity and ethics. Your character is your most valuable asset in the legal profession.
In your role representing government regulatory agencies and advising aerospace companies on offset contracts and technology transfer, Please share with us what unique insights have you gained about the intersection of legal frameworks and the rapidly evolving aerospace industry?
In my previous role, the interface with government regulatory agencies and aerospace companies provided me a vantage view of just how complex the intersection of legal frameworks and an evolving aerospace industry really is. This sector is controlled by a multi-faceted regulatory environment involving agencies like DGCA to AERA, coupled with multiple acts and policies. Consolidation is turning into a trend across global supply chains, driven by digitization and environmental factors. Such consolidation is producing new legal challenges and opportunities, especially within M&A activity, where due diligence is an increasingly important function.
Nishant, amidst your diverse legal expertise, is there a particular area of law that you’re especially passionate about or that resonates with you on a personal level? If so, could you share why it holds such significance for you?
I was introduced to arbitration in 2002 or 2003 and since then my passion for the same has only increased. In subsequent years, I was fortunate enough to be part of domestic and international arbitrations, ad hoc & and institutional arbitrations where I represented foreign clients and sometimes the PSUs. I got to work with some of the finest arbitrators and arbitration expert lawyers. Not only that, it also gave me an opportunity to interact with engineers, IT experts, financial analysts and the valuable takeaways helped me in my future cases.
The reason that I like arbitration is that it not only involves months of hard work but also the strategy behind the constitution of the tribunal and the structuring of the claim statement or the statement of defense. Conducting cross examination of the opposition witness has always been an enjoyable experience.
Besides that, it is an extremely dynamic field where law is constantly evolving, be it by the legislature or the courts. There were also instances where we could not find helpful judicial precedents under the Indian law and therefore had to look at English and other jurisdictions. So, to be constantly updated on various aspects of arbitration is an intellectual challenge that constantly drives me to learn and improve.
Can you please introduce yourself to our readers? As a third-generation lawyer, how has your family legacy influenced your approach to the legal profession and your career choices? How did those early conversations about legal matters shape your understanding of the profession and its nuances?
I am a third-generation lawyer, born in 1979 in New Delhi, and I recently completed twenty years of law practice. I completed my schooling at Hansraj Model School, New Delhi, in 1997, and thereafter had the privilege of attending Ramjas College, Delhi University, where I earned my Bachelor’s Degree in Commerce, B.Com (Hons), in 2000.
While graduating, I considered various career options, including MBA and Chartered Accountancy. During this process, I discovered my acumen and passion for law and decided to pursue my LL. B degree from the Campus Law Centre, Faculty of Law, University of Delhi, which I completed in 2003.
Additionally, I hold a postgraduate diploma in IPR Laws from the Indian Law Institute. I joined the bar in 2003 and began practicing at the High Court of Delhi in New Delhi, joining the family practice, which has now spanned more than 60 years. The practice was started by my grandfather, Mr. O.P. Dutta, and later joined by my father, Mr. Vinod Datta. My late mother, Dr. Savita Datta, was initially a lecturer who taught astrophysics, among other subjects, and went on to become the Principal of two colleges: Deshbandhu College and later Maitreyi College. She was my biggest source of inspiration and was appointed Director of the School of Open Learning, University of Delhi.
My specialization lies in litigation and arbitration, with a particular focus on cases on the Original Side of the High Court of Delhi as well as in the newly introduced genre of commercial suits.
I currently run two firms, each focusing on different practice areas within the wide genre of commercial laws, primarily before the Supreme Court of India, the High Court of Delhi, the National Company Law Tribunal, the National Consumer Disputes Redressal Commission, and other tribunals and commissions.
After completing my law degree, although joining my family’s law practice was a readily available option, I chose to join an outside office to broaden my horizons. During this time, I had the opportunity to intern with a leading law practitioner of the High Court of Delhi. After spending two years in this office and learning the ropes, I joined my family’s law practice, working alongside my father and later my wife, Ruchita. Speaking of the family practice, it began with my grandfather, the late Mr. O.P. Dutta, who moved to India from what is now Pakistan. At the time of Partition, he had a family (wife and children) and was working in a job. While working, he began studying law, completed his degree, and commenced his legal career in the 1960s. My grandfather was primarily a criminal law practitioner, and a successful one at that. My father, the late Mr. Vinod Datta, enjoyed a blend of High Court cases (civil and public law) in addition to trial court-level practice of both civil and criminal cases.
One of the biggest benefits of growing up in a family of lawyers is that you get to hear your elders talk shop in your younger days. Client handling, in terms of managing expectations and making full disclosures about cases, goes a long way in retaining long-term clients and maintaining fruitful and healthy professional relationships with them. However, the most important aspect of practicing law is to communicate well with clients. Client satisfaction, especially in the legal profession, is directly linked to managing client expectations and maintaining attorney-client communication. Making lofty and unfounded claims that are unlikely to be delivered will lead to a breach in the professional relationship with the client. Thus far, I have been able to fulfill my clients’ expectations and deliver the desired outcomes in almost all of my cases. Therefore, working in accordance with and within these parameters is what makes me stand out from the crowd.
What inspired you to specialize in litigation and arbitration, particularly focusing on commercial law?
To understand one’s inclination towards litigation in general, and commercial litigation and arbitration in particular, it is essential to appreciate what lies at its core: strategy. One must grasp the complexity of layers in intricate commercial disputes and formulate appropriate strategies and courses of action aligned with the desired outcomes, which may range from protecting intellectual property rights and preserving properties to handling purely ego-driven battles among rivals. It’s the thrill of the hunt. The early exposure to such discussions at home with my father, and the excitement he experienced in technical and complicated matters (which also came with bragging rights), made the lure of commercial law practice irresistible, and my professional journey has never been monotonous. There is another underlying reason that draws a person towards commercial law practice: with higher stakes and risks come better compensation for the counsel. This specialty, in addition to being the most exciting for me, also pays rather well.
You’ve emphasized the importance of adopting technology in legal practice. How do you see technology shaping the future of law, and what role does it play in your firm’s operations?
I believe in constantly innovating and adapting to the changing needs of the legal landscape. One of the key ways I have adopted an innovative approach is by embracing technology in my practice.
From the early days of my practice, I have digitized my office, making us more efficient and effective in our work by adopting use of applications such as Manupatra, SCC online, Live Law, Bar & Bench and Provakil. I have taken my offices’ legal research capabilities and automation to the next level, we also subscribed to various websites which assist in AI based document drafting. This means we can quickly and easily access documents and information, reducing the time and effort required to complete tasks. I have always been ahead of my peers in adopting the latest technology and software for legal research and dictation in my office. This has helped us stay ahead of the curve and deliver superior service to our clients.
Another way we have been innovative is by leveraging technology to stay connected with our clients during the COVID-19 pandemic. Despite the challenges posed by the pandemic, we were able to continue serving our clients without interruption by transitioning to virtual consultations and meetings, executing all our work from home using just our laptops.
This ensured the safety of our clients and staff alike while providing even greater flexibility and accessibility to our clients.
Given your commitment to providing pro bono and legal aid services, can you share a rewarding experience where your legal expertise made a significant difference in someone’s life?
We understand the importance of giving back to the community, and we handle pro bono cases for clients who cannot afford to pay for legal services. We take pride in helping those who need legal assistance the most.
Our commitment to providing fast, efficient, and effective legal solutions, mentoring young lawyers, and giving back to the community has made a positive impact on the industry. We will continue to strive for excellence and provide the best possible service to our clients.
For young students aspiring to excel in litigation, what actionable steps or practices would you recommend they adopt to distinguish themselves and thrive in the competitive legal landscape?
The first and most important aspect that young students must understand is that excelling in litigation takes time and tremendous effort. The usual speech that law students get to hear about the three Ps (Patience, Perseverance and Persistence) is spot on. There has to be constant endeavour not only to outdo yourself more than your peers. One thing I picked up on early in my career was that stagnation is the enemy of growth and this encouraged me to handle and pursue litigation in various industries and sectors instead of limiting myself early on in my career to one forum or speciality. Today’s litigation landscape is constantly evolving at a rapid pace, I cannot emphasize enough the importance of being well-acquainted with technological advancements in the legal sphere and the need to adapt and stay ahead of the curve. Consequently, young lawyers must divert their time and energy to pursuing online and certification courses on diverse topics especially in the first ten years of their career.
Beyond your legal career, you’ve mentioned your mother’s influence and her achievements in academia. How has her legacy impacted your personal values and approach to life?
My mother was perhaps the hardest-working person I have ever known. Two important values that I learned from her are the importance of hard work and maintaining one’s integrity. Both are crucial in assessing one’s self-worth. In simple terms, being able to look at yourself in the mirror and feel confident and proud only comes from these virtues.
Could you please introduce yourself to our readers and share your journey from your early days in law to becoming an advocate-on-record at the Supreme Court of India? We’d love to hear about the pivotal moments, challenges, and inspirations that have shaped your remarkable career trajectory.
After graduating from Symbiosis Law School, Pune in 2009 I joined the Legal (Tax and Regulatory) Department of PriceWaterhouseCoopers (PwC) where I had a short stint of about a year. My work at PwC mainly included doing due-diligences for various organizations and businesses, opening on labour law and employment law queries from pan-india PwC locations. While my time at PwC gave me a lot of exposure to the regulatory side of work, from the point of view of Indian as well as international clients, I felt that I wasn’t being challenged as much – mentally as well as academically. I started speaking to my law school batchmates who were pursuing litigation and that’s when it became clear that I was missing out on the real deal. Even though the economy was in a recession in the year 2009, I did the unthinkable and put in my papers at PwC and joined Parekh & Company, which is a full-service litigation firm. To be honest, it was very difficult to take a 50% pay-cut and say goodbye to the 9 to 5 job where I had the weekends all to myself. Looking back, it was the best decision ever. Upon joining litigation, I realized that there is no concept of weekends and no fixed timings. Juniors were expected to carry work home and make sure the filings were done in time, seniors were briefed well in advance and the clients got the reliefs they wanted. There were moments where I felt I’d bitten off more than I can chew but I just kept at it and before I knew it, I fell in love with the entire process. At Parekh & Co, I was under the guidance of my “first boss” as I call him to this very day – Mr. Sameer Parekh. At Parekh & Co., I had the privilege of working on matters being argued by some of the most distinguished legal luminaries like Mr. Harish Salve, (Late ) Mr. Ashok Desai, (Late) Mr. Ram Jethmalani, Dr. Abhishek Manu Singhvi, (Late) Mr. Goolam Vahanvati, (Late) Mr. T R Andhyarjuna, Mr. Rohinton Nariman, K K Venugopal, Justice P S Narsimha, (Retd.) Justice U. U Lalit to name a few. After working in Parekh & Co. for about three years, I had a short stint at TMT Law Practice which is a technology, media and telecommunications law firm where I had the opportunity to represent clients across the entire spectrum of the media and entertainment industry, including television, films, radio, music, print and publications. Thereafter, I got married to my batchmate from law college – Diggaj Pathak, who was also pursuing litigation full time. Since we had put in about five years into the profession and got a fairly decent amount of work to pull us through, we decided that it was time now to take the plunge and go independent. That was truly the best decision of our lives. Now we were two like-minded individuals ready to take our love affair with litigation to the next level. People say it is difficult to work with one’s spouse and that one mustn’t mix business with pleasure but that has been far from the truth for us and we have had such a successful partnership where both of us have immensely contributed to each other’s growth in this profession. After spending 7 years in litigation, we became eligible to take the Advocate – on – Record examination and cleared it in the first attempt. There was really no looking back after that.
You have an impressive portfolio of legal representation spanning various tribunals and courts. Could you share a memorable experience from your early days in the legal profession that shaped your career trajectory?
Due to the work ethic I was exposed to at Parekh & Co., I learnt that one must never say no to any kind of work and that litigation encompasses more than just the Supreme Court or the High Court. There are so many tribunals and quasi-judicial bodies in Delhi like National Green Tribunal, Ministry of Mines, Central Information Commissions, National Consumer Fourm, Employees Provident Fund Appellate Tribunal, Debt Recovery Tribunal, Central Electricity Regulatory Commission, Armed Forces Tribunal, Appellate Authority for Revenue cases etc. So there is really no dearth of work. There were times when I wasn’t sure if I could do justice to a matter but I was fortunate enough to be surrounded by such encouraging seniors and mentors who provided me with the necessary push so that I could give my 100% to the cases in question. I had the opportunity to appear very frequently before the Telecommunications Disputes Settlement Appellate Tribunal (TDSAT) when Justice Aftab Alam (Retd.) was the Chairman. Justice Alam was extremely encouraging of women practitioners and would often appoint me as Advocate Commissioner in matters which really helped me build my confidence. Similarly, Justice Shiva Kirti Singh (Retd.) also appointed me as Local Commissioner in several cases for which I had to travel outstation and that again really helped me understand the telecommunications and broadcasting sector from close quarters. Apart from TDSAT, I had the privilege of working with Mr. Krishnendu Datta, Senior Advocate on various company matters before the NCLT. I was greatly inspired by Mr. Datta’s work ethic and the way he completely immerses himself into cases really had an impact on me. I also love to brief Mr. Gopal Sankaranarayanan, Senior Advocate for my Supreme Court matters from whom I get to learn so much. He is truly an exceptional individual. Then I had the good fortune of working with Mr. Meet Malhotra, Senior Advocate on several telecommunications and broadcasting matters. Words cannot describe how much Meet Sir helped me in building my practice in the energy sector. His trust and faith in my work has helped me immensely. I am deeply indebted to these individuals.
With your extensive involvement in telecommunications and energy sectors, what sparked your interest in these particular areas of law?
To be honest I never imagined that I would be practicing so extensively in these sectors but that’s the beauty of being a first-generation litigating lawyer – you never know what you’re going to get and sure enough you never say no to any kind of work! Having said that, I had the opportunity to work in the telecommunications sector early on because my partner was already handling the work in that area for a few clients. So, when we started working together, I had to naturally shoulder the responsibilities with him. Some of the cases before TDSAT were extremely high-stakes and in those matters we would brief Mr. Meet Malhotra, Senior Advocate from whom we got to learn so much. As far as work in the energy sector is concerned, I owe most of what I know in this field to Mr. Buddy Ranganadhan. Buddy Sir is an outstanding lawyer and briefing him is such an enriching experience, every single time.
Balancing a career in law with personal interests is crucial for holistic well-being. Could you share some of your hobbies or interests outside of the legal realm that help you maintain a sense of balance?
To be very frank, it is super hard to maintain a work – life balance being a litigating lawyer and even more so if you’re a female litigating lawyer. And if you are a mother, then you need multi-tasking skills of a different level. Even if you ace this time management, be prepared to pay the ‘motherhood penalty’. Yes, the legal profession is not immune to it. Every day of the week, we are in court and the evenings are spent lamenting on the cases listed for the next day. Sometimes, you’re in multiple courts on a single day and your meal-timings go for a toss. Then Saturdays are for the district court cases and Sundays are for drafting assignments, conferences with senior advocates and client meetings. One has to also take out time for social and professional commitments. In all this chaos, it is very easy to actually lose sight of your own health and the health of your loved ones. So, keeping fit – mentally as well as physically – is of utmost importance. I try to be active and take out time to take my toddler out to the park and ensure that I take at least 4 vacations a year. I carry work with me on those vacations too, much to my partner’s dislike, but that’s another story. I also enjoy judging moots and have had the privilege of judging some moot court competitions like the FDI International Arbitration Moot, the KTS Tulsi Mock Trial Competition etc. I also love to interact with young law students, especially first-generation lawyers who are sometimes overwhelmed by litigation practice and have had the privilege of speaking at the Delhi Faculty of Law on the topic of Career as an Advocate-on-Record. I also try to give my services to those who cannot afford it and have done a few pro-bono matters. The appreciation I receive from my pro-bono clients is really immeasurable.
Starting a legal career can be daunting for many young aspirants. What advice would you offer to the current generation of law students and aspiring lawyers looking to make their mark in the legal profession?
There are a couple of things that one must mentally prepare before joining the legal field. Firstly, always and I mean always remain an “eager beaver”. Everyone will see it – Judges, clients, seniors as well as colleagues – it will help you generate new work. Secondly, never say no to any case even if it is small research – you will learn so much from it and that knowledge is to be treasured. Thirdly, be prepared to sometimes miss out on important personal events like weddings, funerals, birthdays etc. as you may have a deadline or the limitation would be expiring in a particular case. If you have taken up some assignment or matter, you cannot leave it halfway no matter what. Having said that, it is also incumbent upon you to then make it up to that family or friend who’s function you missed. Fourthly, there will be times when you may be reprimanded at – by the Judge or your senior. Do not take it to heart, listen to what they are saying as they have experience which you don’t and experience must be respected at all costs. Fifthly, be kind to your support staff – court clerks, driver, office boy, nanny, cook etc. You will be most effective if you have a strong team backing you up. Sixthly, be grounded and grateful. It is easy to lose sight of where you started from when you’re making a lot of money but one must never take any matter – big or small, for granted. Lastly, be fair to your opposite counsel. There is life outside court also. We are a small fraternity and people talk. Not all cases you get would be very high stakes, but be determined to prove yourself. Slowly but surely, the work will start pouring in from all quarters.
Being a female practitioner in a male dominated profession do you have any specific advice for women who are keen to join litigation?
Let’s face it, the ratio of women-to-men in the legal profession is abysmally low. But the demographics are changing over the past few decades. While it is true that the legal profession demands long hours and constant availability, I want to tell these women who want to join litigation that the fruits of the hard work you will put in will be immense. If you are a working mother, and this holds true for any field, you will be perceived as less committed to your career because it is assumed that you choose to work only because you have financial needs to fulfil. Employers are wary of hiring mothers as it is thought that since they have familial responsibilities, they will be less dedicated to their roles. But this notion is completely wrong, and, if at all, only applies to a very small percentage of working women. We can be as passionate, as driven and as ambitious as our male counterparts. We are currently blessed to have Justice D Y Chandrachud as our CJI who is a staunch supporter of increased participation of women in the legal profession. He values inclusivity of women lawyers and makes a mention of it not just in open court but also at every public platform he speaks at. He was very pleased to see a dramatic increase in the number of women appearing virtually before the courts during and post-covid as it provided them the comfort of appearing from the safety of their homes. In 2024, a committee headed by our CJI designated the highest number of female senior advocates that have ever been designated by the Supreme Court in its entire history since 1966. Just imagine, 12 in 75 years and 11 in just one year! Justice Chandrachud has also encouraged more and more women to come forward, contest elections and hold positions of responsibility in the bar associations and the bar councils. He has further advocated for institutional support (like creches in courts) to ensure more and more female lawyers are inducted and retained in the profession. This augurs really well for us women practitioners. We should take full advantage of this changed scenario. In the coming times, I’m sure there will be more designations and more elevations. Personally speaking, I feel so inspired looking at the women senior advocates practicing today. Few senior advocates whom I have briefed and who had a great impact on me include Mrs. V Mohana, Mrs. Madhavi Divan and Mrs. Haripriya Padmanabhan. I hope to one day have the opportunity of working with (Retd) Justice Indu Malhotra, Mrs. Indira Jaisingh and Mrs. Aishwarya Bhati as well, all of whom are outstanding lawyers. So, my advice to young women aspiring to join litigation would be to perform decently at law school, write legal articles, if possible, take your internships very seriously and once you start a career in litigation, just stick with the grind. The results are inevitable.
As an advocate-on-record and panel counsel for esteemed organizations like TRAI, WBSETCL, Eastern Coalfields Limited and Central Coalfields Limited, what strategies do you employ to effectively represent your clients’ interests while upholding your own ethical standards?
Preparation is key obviously. Secondly, I inform the client of all the eventualities because anything can happen in court so one has to be prepared in advance. If the client has been slightly in the wrong, and is informed in advance of the probable reaction from the court, then it can give suitable instructions to his lawyer about the extent of the concession the lawyer can make on its behalf. Thirdly, if there is a senior counsel being briefed in the matter then he/she has to see how invested you are in the case. It makes it all the more interesting for them. Since some of the matters for these clients are very high stakes, I always get instructions in writing to avoid any miscommunication later on.
Your educational journey includes international exposure during your schooling in the United States. How do you think such cross-cultural experiences contribute to a lawyer’s ability to navigate diverse legal scenarios?
I studied in California for about three years and it was such an enriching experience. Since my father was in a transferable job, I changed almost eleven schools and had the opportunity to stay in many different parts of India too. This gave me so much exposure as I had to get used to adapting to a new place every few years. That helped me tremendously. The legal professional is so multi-faceted. You may be able to impress your client with your legal knowledge but if you’re not able to smooth talk your way in a Bihari or a UP accent with the Court Master or the Alhmad to get a certified copy or a shorter date then what is the point of all the fancy education that you have had?
Becoming an Advocate-on-Record involves rigorous training and examination. What motivated you to pursue this prestigious designation, and how has achieving it impacted your legal career and approach to advocacy?
So, it is very important to understand that one doesn’t magically start getting Supreme Court briefs simply because one has cleared the Advocate-on-Record examination. In order for a steady stream of Supreme Court cases to come your way, you have to have what we refer to as a “parent high court” where the advocates from that particular high court keep sending you matters regularly to be filed in the Supreme Court. But the fact of the matter is that many first-generation advocates like myself do not have any such contacts with any high court so the cases initially will be far and few. One has only to ensure that they give their 100 percent to those cases. Soon enough, your client, your colleagues, your seniors will spread the word which will certainly translate into more matters. Having said that, choosing to practice exclusively in the Supreme Court is a completely personal choice and if that is the path you have chosen as a first-generation lawyer then you must keep reaching out to the lawyers practicing at various High Courts to generate Supreme Court work. But I speak for myself, I consciously did not want to restrict myself to practicing only in one court. I took the exam because I wanted to have this added qualification so that in the event a situation arises where I’m required to approach the highest court of the land, I should be able to do so myself without asking anyone else to be my AoR. I was also able to generate supreme court work by practicing in various forums like the National Company Law Appellate Tribunal, TDSAT, National Green Tribunal, Appellate Tribunal for Electricity etc.
You’ve been associated with the law office of DPSS, which holds a prominent position in the legal landscape. Could you share some insights into the working of your firm?
The Law Offices of DPSS was founded by my husband (Diggaj Pathak) and I about ten years ago. Diggaj was my batchmate at law school and we started out with just a handful of matters. We are soon going to complete 1000 files together. Though we have grown since our founding, we are the same agency at heart. We approach each of our clients with fresh eyes to offer them customized and unique strategies. We are result oriented, in as much as we try and get speedy relief for our clients instead of keeping them embroiled in litigation which can sometimes last for several years in our judicial system. If the circumstances permit, then we actively try to mediate and settle the cases for our clients which can sometimes get better and faster results than adversarial litigation. We feel we owe this to our clients and to our judicial system. Ultimately, as lawyers we must not burden our courts unnecessarily and if there is a way to sit across the table and negotiate terms of a settlement then we always explore that option.
You initially pursued a Bachelor’s in Business Management before shifting to law. What motivated you to transition from BBA to LLB, Can you share how your journey began, including any mentors or specific experiences during your education at College that significantly influenced your career path?
The transition was not voluntary and Hon’ble Supreme Court had a major role to play in it.
In 2003, between the choice of joining National University of Advanced Legal Studies, in Kerala, and ICFAI LAW School, although I hailed from Kerala, I choose to join ICFAI LAW School for B.B.M LL.B. (Hons) at it Hyderabad Campus. The primary reason for choosing to join ICFAI LAW School was being allured by the course content and teaching methodology, advertised in the brochure then, was very promising. The principle ‘Caveat Emptor’ was taught by life example by ICFAI then. Before completion of the 2nd year, in 2005, it was informed that the B.B.M and LL. B degree of the College which was affiliated under Chhattisgarh Private Sector University Act, 2002, was struck down as unconstitutional by Hon’ble Supreme Court and that the batch of ours could not be continued. It had come to almost an existential crisis that not only two years of college life is lost, probably a career in law was never going to be there.
It was after a lot of talks with the College Authorities, solutions emerged and it was offered that we complete the last year of Graduation at the Dehradun Campus of ICFAI University and will be conferred with B.B.A degree and thereafter whoever was interested to pursue M.B.A, would be given lateral admission to M.B.A degree to the ICFAI Colleges and whosoever was interested to pursue law could pursue law from Colleges of their Choice. Although distraught, accepting the offered solution, we went to Dehradun. Undeterred to the dream of being a lawyer, pursuant to final exam, I applied to ILS Law College, Pune and Campus Law Centre, Delhi. Until I secured admission, I moved to Delhi and started working with IBM and later at Convergys (BPO Sector). Working in the BPO sector, improved my communication skills and during the training period, befriended and met a lot of interesting individuals. Spending time with people and understanding their nature, especially from different parts of India, the discussions on various topics improved my perspective on how to narrate the facts and impress upon it. These discussions, had later, came to be of use while drafting Plaints and Petitions and while arguing cases.
I was able to secure my admission in ILS Law College, Pune (2006-09) for three-year course. I was staying in an apartment next to ILS Law College where the other roommates were from Symbiosis Law College including my dear friend Advocate Rony John. Most of my dear friends among the legal fraternity were formed here. The apartment used to house at time more than 30 college students. We had a library with the discarded books of the roommates who left for jobs after the final year college. The apartment was first choice among many students for preparing moot court memorials and research. More law was learnt during the discussions in the apartment with friends who were preparing for moot courts.
During my three-year law course, much to various other factors shaping my decision, I was lured to attempt the Civil Service Examination. After my final examinations in 2009, I shifted back to Delhi for preparing Civil Service Examination. Thrice I cleared preliminary examination, but could not clear Mains Examination. After 2012 Mains attempt which I wrote in Kerala, while waiting for the results, I applied with M/s Menon and Pai Advocates in Ernakulam for the post of Associate Lawyer. The aspirant in me knew there was no further aspiration to attempt once more if I don’t clear the Mains. It was time to adorn the black gown.
I had applied with M/s Menon and Pai Advocates around September, 2012 and my confirmation came in December, 2012. For around two months I was attached with Chambers of Advocate K.S Babu at Ernakulam. Adv K.S Babu Sir’s son, Advocate Babu Shankar, was a dear friend and being absolutely new to Court practices, I was introduced to trial court practice. Representing during roll call is an art in itself and I learnt how to submit during roll calls and obtain adjournments and even ensure adjournment requests by opposite side lawyers are not acceded by the presiding Judge stating the urgency in the case. In fact, the office Clerk Mr. Murali encouraged me to take representation chits from other offices too and make as much representations as possible so as to gain experience, acquaint with other fellow lawyers and be a known face in the Court.
Upon joining M/s Menon and Pai Advocates, I started initially with the High Court practice, primarily Writ Courts, then moving on to Labour Law practice. I had the opportunity to appear before Assistant and Regional Provident Fund Commissioners, Authorities under the ESI Act, EPF Appellate Tribunal Camp Sitting in Kozhikode, Labour Courts at Kollam, Ernakulam, Kozhikode and Kannur, Industrial Tribunals at Trivandrum, Kollam, Idukki, Alappuzha, Palakkad, Kozhikode, Statutory Authorities under the Payment of Wages Act, Bonus Act, Minimum Wages Act and also under Industrial Disputes Act. Cross examination of Claimant and Claimant witness and cross examining the statutory officials, was enriching experience to prep myself for the in depth trial court practice on the Civil side in the years to come. Around 2015, at my instance, I shifted internally within the firm into Civil practice. It is during this tenure, I jumped into the deep waters of Civil law practice starting my tryst with Civil Procedure Code, 1908. I was also fortunate to associate myself on drafting Plaints and Written statements in Original suits; Writ Petitions and counter affidavits in Writ matter; First Appeals from Orders against Interlocutory orders in Original suits, Appeals from Final decrees, Second Appeals from First Appeal Orders; Claim petitions and Defence statements in Arbitration matters; Versions on behalf of Opposite party in Consumer matters. The Pleadings and nature and style of drafting each, are not only different and has to be structured differently according to each Court and sometimes according to the presiding judges. I was fortunate to have my drafts corrected by Senior Partners of Menon and Pai – Justice Jaishankar Nambiar Sir (High Court of Kerala), Justice Gopinath Menon Sir (High Court of Kerala), Senior Advocate E K Nandakumar, Advocate Gopikrishnan Nambiar Sir, Senior Advocate Benny P Thomas Sir (now Senior Partner with Thomas and Thomas Associates), Advocate John Mathai Sir, Advocate Joson Manavalan Sir. What has to be said, how it has to be said and where it should be said are the hallmarks in pleading. I learnt the same and even understood the nuances of how different the pleadings are in Original Suit vis- a-vis Writ Petition, between Claim Petition in an Arbitration and Original Suit for Specific Performance, between Appeal suits and Writ Appeals etc. during my practice at M/s Menon and Pai Advocates.
The journey took me from Kerala to Hyderabad to Dehradun to Delhi to Pune and then back to Delhi and later back to Kerala. The journey although was strewn with hardships, existential crisis at times including closing down of the College I had enrolled with; the people I met at the cross roads of the journey, the problems and how the solutions came across in life, looking aback, prepped me for the life ahead. The hardships were definitely rewarding and as its goes, “What doesn’t kill you, makes you stronger”, made me stronger to face the hardships the life of a Lawyer would bring upon.
Having represented clients in more than 400 litigations since 2017, can you discuss one particularly challenging case and the insights you gained from it?
Being a first generation lawyer, I could never conjure the courage to start my independent chamber practice. Dear friend of mine, Advocate Krishnamohan Menon, inspired me to take the first step. Even if abject poverty could become the outcome, the hunger to practice law with one’s own clientele, was alluring to start independent chamber practice. Another dear friend of mine, Advocate Unni Kappen, offered to share space in his Chamber and thus was born M/s Navodaya Law Solutions in March, 2017. My first work was to draft a Memorandum of Understanding for a purchase of a property. This drafting was done by me carefully wording the clauses. I was fortunate to have drafted and vetted several agreements on behalf of M/s BPCL and M/s Symega Food Ingredients Ltd among many other clients, that Contract drafting and its nuances was taught during my discussion with the senior officials of the respective companies. Mr. Venugopal (Retired Senior Legal Manager) of BPCL and Mr. Mathews Jacob (Retired -CFO- Symega Food Ingredients Ltd) have been instrumental in helping me understanding the nuances of the Contract drafting. These skills came to help in drafting the MOU, which when later had ended up as a land grabbing case by impersonating my client and executing the Sale Deed, I was fortunate to have the confidence of my Client who in spite of being advised to engage a Senior Counsel, entrusted the brief with me and I was able to get the land grabbing undone, the registered documents declared as forged and the revenue records rectified. An act of registration of sale deed by impersonation amounts to an act of fraud. I was able to advise my client, not to resort to the remedial course of Civil Court declaration and injunction simpliciter, but approach the Inspector General of Registration (IGR) for setting aside the document. The land grabbers had grabbed not only my Clients property but also adjoining properties of the relatives of my Clients. While they were suggested by their respective counsels to move the Civil Court and had instituted Original Suits after remitting hefty Court fees, I moved the IGR for cancellation of the deeds and also moved the High Court to direct the sub registrar to not permit any further conveyancing of the disputed property until IGR decided my application. High Court was pleased to issue the directions and also directed IGR to consider my application at the earliest. Finally, IGR was able to ascertain that the Sale deed was registered by an act of impersonation and the sale deeds were cancelled. The clauses of the Agreement were also tested by both Civil Court (in Suit for Specific Performance filed by Land grabbers) and High Court for whether the land grabbers had a charge on account of advance payment and were entitled for prayer of specific performance. I was able to convince the Court that charge was not possible as the clause was clearly worded that Advance payment was not refundable if the sale was not completed at the instance of the purchasers. As the purchasers, admittedly committed the act of land grabbing, there is not possibility of the proceeding with the sale, and therefore, the Advance amounts being not refundable, the charge on the property was not possible and the specific performance was not possible.
The challenge in the entire proceedings was that the land grabbers were politically connected and the police authorities were completely hesitant to act. The complaints before police authorities were on the garb of investigation moving at a snail’s pace, I had to think out of box and invoke the High Court’s writ jurisdiction to ensure that the further conveyancing of the property was not undertaken, albeit the same even if registered may have no validity in the eyes of the law, a further transaction would bring in more respondents to the proceedings and therefore further time spend on that. The lessons learnt from my Seniors and practice at M/s Menon and Pai Advocates, helped to me use statutory remedy for cancellation of sale deed than approaching a civil court for declaration and invoking High Court for interim remedy. This act and course of action, adopted, proved to be successful and the entire course of proceedings culminated in less than a year.
I was also fortunate to be the lead Petitioner Counsel in the issue of Director Disqualification wherein I had filed 100 plus writ petitions on behalf of 100 plus directors of various companies challenging the acti of disqualifying the Directors from acting as Directors of their Companies for five years and was also the lead Petitioner Counsel for candidates who failed in the Review Medical Examination in Combined Examination for Assam rifles and CAPFs. At both occasions, without engaging Senior Counsel, clients had entrusted the matters to me to argue before the High Court, in spite of the stakes involved. I have been also glad that I have always been approached by Lawyers to be handed briefs as I had varied experience in handling matters arising from Arbitration, Intellectual property Law, Labour, Electricity, Consumer, White Collar crime, Company and Insolvency, Securitisation etc. and roughly 40 percent of my cases are Lawyers briefs in my practice at Kerala. I will always recommend that if one can burn the midnight oil, and conduct your cases diligently, you will also be engaged by fellow lawyers to conduct their briefs and this will cement your belief, yes one is moving in the right direction. I would also say, do have the courage to refer mattes to fellow Advocates who have better experience in the subject area so that you do justice to your Client and learn in the process too.
Over the years, you’ve handled numerous arbitration cases, including high-stakes ones like the Tamil Nadu PWD appeal, which had a significant impact. Can you elaborate on how your approach to arbitration has evolved throughout your career? What specific strategies or methodologies have you developed, and how do you ensure you remain at the forefront of arbitration practices?
My tryst with Arbitration Laws started while assisting Advocate Joson Manavalan Sir in Arbitrations. Arbitration resolves disputes, primarily, based on what documented right or obligation has been vitiated and therefore the game is won based on documents. The art of pleading has to more to do with art of pleading the documents. If by documentary evidence, one can substantiate the award can be granted, then the Arbitration is won before it has been awarded. However, if the documents are not a clear winner, then it will all rest on the cross examination and arguments. The art of preparing the Defence Statement in Arbitration is another skill altogether. The difference between Defence statement in Arbitration and written statement in an original suit are two different pleading styles. While at first blush, one would think aint it all a game of denial, however, the art of denial is different in both. While Civil Procedure Code, 1908, clarifies the nature of denial in written statement, denial in defence statement are governed by terms of contract, procedure of the Arbitral Tribunal e.t.c. In arbitration, the Claimant and the Respondent being parties to most of the documents, the defence lawyer has relatively a tougher role to play pleading that the Claimants prayers are to be rejected inspite of admission of documents.
Time and ease of procedure is what attracts the litigants to Arbitration. My approach has been to advise the Client from the time of drafting the Arbitration Clause into the Agreement, including the number of arbitrators, timelines, interest payable, capping of Arbitrator fees etc, the issuance of section 21 notice and the disputes clearly stated in them, filing of Section 9 Application and Section 11 Application. Preferably, prepare the Claim Statement and Section 17 Applications, if any, and file it on the first sitting, thereby cutting timelines for a speedy culmination of proceedings, if appearing on behalf of the Respondent, file section 16 Application, study the documents threadbare, preparing for the cross examinations and be ready for the hearing without taking adjournments. I have not developed any methodologies separately for Arbitration, except the study of documents. Its interesting to see what a documents offers as aid when the documents are examined and re-examined multiple times.
The only way to ensure to remain at the forefront of Arbitration is to update on daily basis the interesting developments in the field of Arbitration law. High Courts are competitively coming out with judgements and interpretations in the field of Arbitration Law and there is never a dull day in the evolving of Arbitration law. Although judicial review has steadfastly attempted to apply the pigeon hole theory and thereby let the sanctity of the Award and the Arbitrators application of facts remain paramount, arbitration is evolving and has unfortunately evolved to absorb all lacunae’s of civil litigation. Throw in the whims and fancies of the Arbitrator, at times, Arbitration stands on the threshold of losing its importance to Mediation. The recent choice of Central Government not to have Arbitration for disputes above 10 crores and above is a clear sign of the weariness of the system of Arbitration has evolved into. If Central Government directs officials to resort to Mediation for disputes above 10 crores, then is time the stakeholders in Arbitration learns how to skim and streamline the present Arbitration process.
Right from appointment of Arbitration under Section 11, the Arbitral Tribunal, if consisting of three Arbitrators, convening and completing the proceedings therein, moving to Section 34 Challenge of Award and Section 37 Appeal results in years of time spend in Arbitration and Court proceedings. A contractor who has not been paid, invoked Arbitration and even after obtaining the Arbitration Award does not see the awarded amounts, will have no use when the money is ultimately paid after 7 to 8 years.
Arbitration Act ought to have a major overhaul to ensure Arbitration achieves what it promised to achieve i.e., speedy and less expensive dispute resolution process compared to Civil Courts, generally tedious and expensive dispute resolution process. However, with Commercial Courts functioning with strict timelines, summary judgement in commercial suits being pronounced much faster compared to the timeline an Arbitral tribunal culminates its proceedings by issuing the Award, it is time for stakeholders and Advocates ‘of’ Arbitration and ‘in’ Arbitration to introspect.
White-collar crime cases often involve intricate financial transactions, regulatory compliance issues, and complex legal frameworks. Could you elaborate on the unique challenges these cases present, and how your approach navigates these complexities to ensure effective representation for your clients?
White Collar crimes stands elusive as a niche area of practice as it involves intricate financial transactions, regulatory compliance issues, and complex legal frameworks. However, as its nothing complex compares to Rocket science, one will need ardent interest to learn the subject, patience to review the document multiple times, threadbare understanding of the technicalities with the help of the subject expert and ability to understand the loopholes. Every Criminal proceedings needs the Advocate to obtain first if possible anticipatory bail, otherwise, custodial bail, interim reliefs during the time at the jail, quash of the complaint or proceedings or FIR or chargesheet, conduct of trial and final hearing. A thorough understanding of the criminal procedure code and the statutory provisions relating to the offence, is key to undertaking the brief. There are certain provisions that without being aware if one undertakes a brief, and not taking recourse to the non compliance of the provision which necessitates grant of bail, are unpardonable mistakes being committed at the cost of the liberty and life of the Accused.
As I said, this field of Law only needs us to be thorough on facts and law in relation to the brief. It wouldn’t take aeons to achieve this optimality to undertake the brief, but anything less would ensure the Accused would spend donkey years in prison.
I have been fortunate to have been guided in defending my Clients under the tutelage of Senior Advocate Raman Pillai, from whom I learnt how to traverse the complex technicalities. I was initially not well versed with the complexity in white collar crime. It took dedicated reading and was able to defend and also presently defending my clients alleged scams over several hundred crores. The proceedings being sub-judice, it will be best I leave the facts arising out of it from my answer herein.
What I have learnt is again threadbare reading of the documents filed by the Police. The eye has to be trained to see the chinks in the FIR, Charge sheet, mahazaar, arrest memo etc. There are mistakes committed by Magistrate Courts too while issuing directions to register FIR. Once these are identified, then ‘go for the kill’ is the best expression I could say. But knowing what it is, is the key. Its need several years of practice and attending Court proceedings on a regular basis.
How do you manage to balance your extensive litigation work across various courts and tribunals in both Kerala and Tamil Nadu?
Over the period of years, I was concentrating my practice around commercial law. Due to various factors including geo-political handicaps, the nature, complexity and variety of Commercial litigations that I could undertake were limited in Kerala. I felt, the my knowledge and depth in practice was getting stagnated and not feeling challenged about the litigations I was being handedover. The neighbouring state, Tamil Nadu, in my observation was having the Appellate Tribunals NCLAT and DRAT; National Green Tribunal for South India. The Principal Bench of High Court at Madras had Original side jurisdiction and that attracted me further to watch the proceedings online during Covid lockdown.
While I did not want to go back to Delhi to further enhance my practice areas, I thought it is best to take a risk to move to Chennai and see if I can make it work. Strong personal reasons too conspired the decision, and I was fortunate to connect with Advocate Thomas T Jacob of M/s Thomas And Associates, Anna Nagar, Chennai through my dear friend Advocate Krishmohan Menon, and was offered to be the Partner, Practice Head-Litigation. It was interesting to learn Letters Patent Act, 1970 and Original Side Rules, 1994 among others to learn about Madras High Court. Although the risk was high in losing out practice in Kerala by moving to Chennai, I was sure of myself that I will be able to make it. I was given several examples of people who attempted this and had to go back. It gave me all the more reasons to go all guns ablaze. In the very first year, I was able to appear before NCLT Chennai, NCLAT, DRT Chennai and DRAT, NGT, High Court, Subordinate Courts initially through matters of M/s Thomas And Associates and slowly briefs were entrusted to me from the brother lawyers. I had quit M/s Thomas And Associates in the month December, 2023 and was Independently practicing.
I was fortunate to meet Advocate Jacob Kurian, Senior Partner, KRIA Law, through a business platform, and an expression of interest to join KRIA LAW was offered to me. After discussions with Advocate M.S. Bharath, Founder and Senior Partner, KRIA Law, and Advocate Jacob Kurian, in the month of April, 2024, I joined M/s KRIA LAW as its Partner (Litigation) and merged my practice with KRIA Law.
I manage both the works at Kerala and Tamil Nadu through KRIA Law. KRIA Law has a very structured litigation handling process put in by Advocate M.S. Bharath and the young lot at the firm are very enthusiastic and its through them I now handle the litigations and Clients of Kerala. The video conferencing and option to reach Kerala by air travel within hours makes it easy to handle the work and Clientele.
As a lawyer, my experiences till date, since moving to Chennai in 2022 has been enriching, daunting and was naturally filled with struggles. I believe, struggles are a constant part of life. Either you create struggles in your life or life will create struggles for you. When you choose your struggles, you have an option to traverse it at your wish and will. Growth follows struggle. Hence, Iam of the opinion, choose your struggles, before life chooses one for you.
Outside of your legal practice, do you have any hobbies or interests that help you maintain a work-life balance?
I have a very rewarding sedentary life which gives me ample time to do more work. I am made to understand that will not fly for long. Hence, apart from my only interest of reading books, I have started on certain other interests. But it’s too early to say, where that road leads.
It’s necessary to have work-life balance. The latest trend being work life integration. I am working towards it. I try to engage myself and spend more time at home on Saturdays and Sundays, and I would not want to be preaching when I have not practiced it, but can definitely say, if the balance/integration is not stable, the repercussions arising out of it makes the heavy work life not worth it. Hence, I would offer as my suggestion, work optimally but live fuller.
What advice would you give to young lawyers who aspire to have a diverse and impactful career like yours?
Diverse Yes, but ‘Impactful career like mine’ is far-fetched, I have just scratched the surface. Dedication and loyalty to the brief, if not to your office; determination and mind set to Grit to traverse through office politics, complaining seniors and irritated judges and sly opposite side lawyers. One of the best quote to know is “your client is your first enemy”. A wrong order will make the Client to go bonkers on you. Hence loyalty to the Client, I would advise is not the right option, loyalty to the brief is what I suggest. Even if the Client irritates you, ignore it, concentrate on the brief. The brief has found its way into your hands, therefore treat it and take care of it with all your wits and determination. Think out of the box and don’t rely on judgements. Have original thoughts and read statutes on the issue of law than trying to find answers to issues of law through judgements. Calm your nerves when Judges are not ready to hear you, understand that they might be having a reason to react. Find that out and resolve it rather than simmering over why you were treated that way.
Invest in Books, invest in yourself. Travel destinations, expensive wines and watches will always be there. Work hard and it will find its way to you than you finding your ways to it.
You’ve represented high-profile clients like SONY and Makemytrip in consumer forums. What strategies did you employ to ensure the best outcome for your client, and what lessons did you learn from the experience that have influenced your approach in subsequent consumer protection cases?
SONY was not a direct client and I was handed the work by Advocate Rajat from Delhi. Consumer cases are mostly skewed in favour of Complainant. Opposite party should be ready to take the beating. Its by raising technical issues, you win consumer litigations in favour of opposite party. Makemytrip matter was also engaged by a counsel Advocate Afif. In that matter, I had cross examined the Complaint on the issue of maintainability as the Complaint was filed in Ernakulam CDRF and the territorial jurisdiction, according to me ought to be in Thrissur CRDF. It was admitted by the Complaint that the booking was made by the Complainant while he was in Thrissur and therefore no cause of action arose in Ernkualam to institute the Complaint. I had to cross examine and bring out the fact that by making the witness affirm the time he took for driving from Ernakulam to Wayanad and the booking time shown in the map would place him further from Ernakulam and more in or around Thrissur, calculating the time he reached the hotel where the deficiency of service was alleged. The questions on time forced the answer.
While at M/s Menon and Pai Advocates, I was representing Corporate Entities mostly Builders, FMCG companies etc. The cases are defended mostly on technical grounds and if the deficiencies are quite evident, reliance on the documents was paramount. It was after starting Independent practice, I was filing complaints for consumers. The learning curve was good as after having defended Corporate entities, I was mostly aware of the grounds that will be taken and while drafting the Complaint I didnt leave any chance for that to be taken as a ground to reject the Complaint.
In Consumer matters and even in any other matter, the search for details among the documents and the relief prayed are important to assess the course of the litigation. If the documents do not clear the path to favourable judgement, then cross examination of the witness is the key. Understanding the witness and knowing when to crack the witness are key traits one picks by diligently assisting Seniors and watching cross examination of good lawyers.
Strategies always depends from case to case. I try not to leave the outcome of the litigation to luck. If I lose a matter, I should be able to say I did my best and no other lawyer could have done any better. Otherwise, the Client would have been wrong in choosing you. That fear drives me to work diligently on the file. There are certain approaches I do employ on being presented with a brief. But its mostly case to case. One should know whether being offensive or defensive and when to be evasive. These nuances, form as though process by working on briefs under guidance of seniors and later on ones on briefs not for the financial benefits but for the value the profession wishes to render to the society. As lawyer, especially trial lawyers, we forge history in the courtrooms and the black gown gives us that power. When you have a stake in creating history, better be prepared to adorn that black gown with dignity.
What skills does your firm look for when selecting interns, and how did your own internship experience shape your professional development?
I had done a two month’s internship in the year 2005, with the Chambers of Advocate Challa Kodanda Ram (who was later designated as Senior Advocate and then elevated as High Court Justice). I was sole intern to nearly twelve plus lawyers, where I was assigned research works, drafting work, make notes of cases in which Challa Kodanda Ram Sir had appeared and was reported in the Law journals. The notes of the cases were completely handwritten and went in two volumes. The arduous task multi-tasking between the research and drafting for all the lawyers single handedly, not having a laptop then, and not being in a position to carry office files to hostel, leading to me taking permission and staying late in the office, resulting me in sleeping in the office and waking early to go to hostel and reach office to brief Advocates of the research done and the drafts corrected. I ended up also drafting a Writ Petition in its entirety under the guidance of Challa Kodanda Ram Sir. Presently Senior Advocate, Mr Vikram Posserla, who was then attached to the office then, was the main Advocate I was reporting to. I learnt a lot of Vikram Sir, who had openly told me that he will make the internship hard enough for me and told me to be ready to go through it. True to his words, Vikram Sir used to ensure that Iam given work load of two days to be completed in a day and ensured that before leaving, ask me the status. It was then when after struggling and coping with the pressure, Vikram Sir had ensured that I was ready to be a Litigating Lawyer. The Chambers of Challa Kodanda Ram Sir was practicing in almost every area of law possible and therefore I was introduced to almost every area of law including the Subordinate Courts functioning and High Court. I stand heavily indebted to Challa Kodanda Ram Sir, Vikram Sir and the lawyers present there then in introducing me to the world of Litigation and giving first-hand experience.
The only skill I look for an intern is the mindset to take the tasks head on and work on it. Figure things out and reach out when they hit the wall. Interns should realise that whatever work given will always be beyond them, but as per the lawyer what they should be ready to explore. Attempt it with full heart and the intern will see how enriching and rewarding will be their efforts. There are time Interns stumble upon certain judgements for a hearing and it becomes useful for the Lawyer. Sometime a third perspective comes from the intern in the issue of law being researched upon. Enjoy and value your Internship time is what I would advise Interns. Keep your statues closely, read them and acquaint yourself with law. You will see its benefits later.
Could you share with us what initially drew you to pursue a career in law, especially after completing your M.Sc. in IT and B.Sc. in science-related fields?
Law has been my favourite subject since childhood and I want to serve justice to the needy people who can’t afford the cost of litigation.
What motivated you to shift from an IT background to a legal career, and how did your science and IT education influence your approach to law?
I had started my career as a programmer in a MNC but I didn’t get internal satisfaction so I have shifted to the legal field. My IT background gave me an additional advantage to learn various laws including cyber laws.
What were some of the key challenges you faced when you first started practicing law, and how did you overcome them?
Legal field is very wide so whenever I get challenges, I discuss with my seniors and also do detailed R&D on the same.
With a diverse background in various industries such as retail, manufacturing, FMCG, education, and real estate, how did you develop your core competencies in areas like contract management, litigation, and intellectual property management?
Most of the legal assignments are the same irrespective of different industries as they are governed by the law, however some assignments are industry specific which need to be learned. Different industries gave me an opportunity to learn new things and enhance my core competencies.
Can you walk us through your career progression, from your early roles to your current position as Head – Legal & Compliances at Hippo Homes? What were some pivotal moments or decisions along this journey?
I have initially practised before the court and later shifted to corporate and worked with various good conglomerates like Dalmia Bharat Group, Blackberrys, GNC. The pivotal moment was shifting to corporate and joining Guardian Pharmacy as Head of Legal and Compliances.
You’ve managed complex corporate transactions and legal strategies for major organizations. Can you share a particularly challenging legal case or transaction you handled and the strategies you employed to achieve a successful outcome?
Starting a new retail business of Dalmia Bharat Group in the name of Hippo Homes and later the said business transferred from Dalmia Cement (Bharat) Limited to Hippostores Technology Private Limited, it was a challenging task and successfully completed.
As a leader guiding legal and compliance teams, what strategies do you find most effective in fostering team collaboration, driving performance, and ensuring adherence to compliance standards?
To understand the competency of team members, their strengths & weaknesses, and assign the task based on their interest and also support their weakness.
What advice would you give to fresh graduates who are entering the legal field today, especially those who are looking to develop a diverse skill set and work across various industries?
Firstly they should decide their career objective based on their interest and try to achieve the same. They shall not divert their career path due to any challenge or leverage.
