Super Lawyer

Tag: Litigation

  • “In the dynamic landscape of legal practice, a client-centric approach  stands as the cornerstone of success for lawyers, striving to excel and that means  developing a process for building and sustaining relationships”- Rakesh Kumar Singh, Advocate-on- Record, Supreme Court of India

    “In the dynamic landscape of legal practice, a client-centric approach  stands as the cornerstone of success for lawyers, striving to excel and that means  developing a process for building and sustaining relationships”- Rakesh Kumar Singh, Advocate-on- Record, Supreme Court of India

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

    Can you tell us about your journey into law? What inspired you to pursue an LL.B and later an LL.M in Corporate/Banking & Insurance law?

    My journey into law is not an easy Journey. It was my Childhood dream to  become a lawyer, but initially destiny had planned something else for me and due  to the compelling economic conditions of my family and my zeal to serve the  country, I had joined the Indian Air Force at the age of 17 Years as an Airman in the  year 1996. 

    While serving the Indian Air Force I have pursued my higher education.  When I was posted at Air Force Station, Nashik, I attended evening law college  after my working hours in the Indian Air Force for a law degree. I did my LLM from  Kurukshetra University. 

    I am a first-generation lawyer with no lawyer in the immediate or distant family.  Being from a humble background, I was always inspired by this profession and  believed that lawyers have the unique opportunity to help others and make a  difference in their lives.  

    You have extensive experience in the Supreme Court of India, High Courts, and Tribunals. What were some of the most challenging cases you handled early in your career?

    Most of the cases I handled initially were challenging. I would like  to talk about two of those cases: – 

    There is a reported case of CBI, wherein, we all have encountered a unique  legal issue, that whether the statement of an accused can be recorded under  Section 313 CrPC, Since the accused is not able to write and speak. The Ld. The Trial  Court Judge has cancelled the bail granted to my client (accused) stating that the  accused is deliberately not answering the question put to him under Section 313  of Cr PC. We had only two days’ time to get relief from the higher court. I had  done all the mentioning and could get the case listed on the same day. The Hon’ble  High Court ruled that “As per the medical report, the accused is unable to write  and speak and therefore the Statement under Section 313 of CrPC cannot be  completed.

    In another case, through SLP (Criminal) I ensured cancellation of bail of a  murder accused from the hon’ble Supreme Court of India, in which indirectly I  received threat from the accused side. 

    Your role as in-charge of the Air Force Legal Cell at the HQ Western Air Command is quite intriguing. Can you share some key experiences and challenges you faced during your tenure there?

    As in-charge of the Indian Air Force Legal Cell, one needs to have a much more holistic understanding of law. Right from the management of  litigation in Courts and Tribunals for Union of India and Indian Air Force to  management and conduct of Court Martial and Court of Inquiry, management of  all the applications and 1st and 2nd Appeals related to Indian Air Force under the  Right to Information Act, 2005. Defended 2nd Appeals on behalf of the Indian Air  Force under the Right to Information Act at Central Information Commission,  Management and conduct of Charge Trials for the minor offence committed by  Indian Air Force personnel, to provide general legal administrative and  Secretarial support to Command Judge Advocate. 

    Further, you are not only in charge of the Legal Cell, but you are a trusted  advisor, making sure that the legal department of Command Headquarter and  Units under its area of operations functions properly and smoothly. 

     Managing litigation on behalf of the Union of India/Indian Air Force must have been a significant responsibility. What strategies did you employ to effectively manage and resolve these legal issues?

    Strategy is one of the most critical aspects in effectively managing  and resolving legal issues of an important organization like the Indian Air Force. A  good strategy acts as the bedrock on which the entire legal department functions  efficiently.  

    I started understanding the work and worked closely with Command Judge  Advocate Generals to set clear legal goals that fit with the Organization’s overall  plans. Good and effective Communication within the team members and with  other departments were the key for everyone to work together smoothly and in  tandem. I used to talk regularly with the Unit Legal Cells of the Command to  understand their Legal needs and extend all the possible help round the clock.

    You have a strong background in drafting various legal documents. What do you think are the most critical aspects of drafting effective legal documents?

    Legal Drafting is the most important instrument of legal  Communication. The Skill to draft well, is the skill to think and Communicate  Well.  

    In my legal draft I judiciously select words, phrases and clauses adhering  to the intricacies of the subject matter. Whether it’s contracts, Agreements, or  Petitions, each document necessitates bespoke attention to details. 

    A proficient drafter must bridge the gap between precision and  comprehensibility leaving no room for ambiguity. Documents must not only be  legally sound but also strategically crafted to achieve the desired outcomes for  the clients. 

    One needs to follow the principles of drafting legal documents i.e., clarity  and precision, simplicity and conciseness, specificity and completeness and  compliance with legal requirements. 

    Maintaining excellent relations with clients and legal counsels is vital in your profession. Can you share your approach to building and sustaining these relationships?

    In the dynamic landscape of legal practice, a client-centric approach  stands as the cornerstone of success for lawyers, striving to excel and that means  developing a process for building and sustaining relationships. 

    I make a compelling argument for why clients should choose us. My approach  is to build lasting relationships with the clients and ensure they don’t feel like  mere rupee signs. It is important to understand the client’s needs, the  communication should be transparent, I should be able to manage the expectation  of my client and I should be ready to walk an extra mile by providing exceptional  services. 

    Building and sustaining strong client relationships is paramount in the legal  profession, where trust serves as the CornerStone for Success. For an Advocate  -on-Record, most of the Clients are legal Counsels of High Courts and trial Courts  through whom briefs come.

    You’ve obtained favorable judgments for clients in several high-profile cases, including the Delhi Metro Rail Corporation project and Armed Forces personnel cases. Could you elaborate on these achievements and their impact?

    The legal field is known for being highly competitive with lawyers,  Paralegals and legal professionals all striving to outperform one another. This  intense environment often resembles a constant legal battle where success is the  ultimate prize. In such a challenging arena these achievements become imperative. 

    This was the long pending issue of Delhi Metro Rail Corporation project  due to which DMRC has suffered revenue loss of Crores of Rupees. I had perused  the legal issues of land acquisition and rehabilitation of people from one place to  another place. The said DMRC project was affecting the residents of Trilokpuri. 

    There were multiple litigations pending in various Courts including the Supreme  Court of India on the issue. The 58.6 Kms long Mukundpur Shiv Vihar Corridor  was to be the longest Corridor on Delhi Metro Network. The Delhi Metro had  missed the deadlines for its Phase III project. A Communal twist has prevented  Delhi Metro from relocating nearly 400 families at Trilokpuri. The DMRC was  struggling to resolve this issue. The Delhi Metro was given an alternative land in  Pocket 16,17, and 18 for rehabilitation of People living in pocket 15 in 2014 itself,  but DMRC was not able to carry out the rehabilitation work even after the  completion of the construction of flats due the non verification of documents and  multiple litigation pending in various Courts. 

    I have successfully undertaken the project of rehabilitation of the affected  person to the alternate location by verifying their documents and clearing the way  for the long pending DMRC project, which further settled all the litigations pending  in various courts. 

    In one of the landmark Case of Armed Force, I successfully argued before  the Principal Bench of the Armed Forces Tribunal, wherein, the Hon’ble Bench  has directed the Ministry of Defence and Indian Air Force to issue a No Objection  Certificate (NOC) to Serving personnel of Indian Air Force, Sgt Samant Singh  Sengar, clearing his way to join as an Assistant Professor of History in Madhya 

    Pradesh Public Service/Commission. In 2017, he applied for the post of Assistant  Professor with the Madhya Pradesh Government and cleared the exams. However,  he could not secure permission from the IAF since his current Skill grade did not  qualify him for the post. In the revised Policy of the Air Force, possession of  professional skill grade ‘A’ was added as a mandatory requirement to apply for  Gp A/B Civil exams. 

    This landmark Judgement has paved the way for many similarly situated aspiring airmen. 

    Finally, what advice would you give to fresh law graduates who are just starting their careers? What key skills and mindset should they develop to succeed in this field?

    My advice to fresh law graduates who are just starting their career  is to focus on basic concepts and constantly stay informed about changes. It’s  important to stay updated on new developments and technologies. 

    They should work on and develop analytical abilities to assess the complex  legal issues, analyze statutes and case laws. Effective written and oral  communication skills are paramount in law. The young lawyers should also  develop proficiency in legal research to gather relevant information, examine  precedents to support their legal arguments. 

    Nevertheless, fresh law graduates should always strive to maintain a high  standard of professionalism, ethics and integrity in all their work. Law is a noble  profession, and it’s important to uphold its values and principles.

    Get in touch with Rakesh Kumar Singh-


  • “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

    “Continuous legal updates and the empowering ability to make firm decisions were the most   effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.” – N. Raja Singh, Partner at UKCA & Partners LLP

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

    Mr. Singh, can you please share with us how you began your career in corporate and commercial law and the journey that led you to become a partner at UKCA & Partners LLP? Please allow us to walk you through your journey from choosing law as a career to being a partner.

    I have had a delightful journey to read law and an arduous hike in my career until I made Partner at UKCA and Partners LLP. My dream to become a lawyer started in school when my teacher advised me to study political science to become a good lawyer. 

    In 1999, I embarked on a five-year integrated BA LLB (Hons) course. My professor, who taught me contract and company laws, highlighted the importance of and encouraged me to take up commercial and corporate law practice in Delhi. This set the course for my choices in law. 

    Post-graduation, I had the opportunity to practice under the mentorship of Dr. U.K. Chaudhary, Senior Advocate and founder of UKCA. Initially, I had to work hard to understand the jargon of commercial and corporate laws. With sincerity and hard work to cope with the pressure and deadlines, I learned the ropes. 

    As a mentor and guide to young lawyers, what specific qualities do you believe are essential for a successful career in law, and how do you nurture these qualities in your mentees?  

    One of the most rewarding aspects of my journey is the opportunity to guide and mentor many junior lawyers, helping them navigate the complexities of the legal field and develop their organizational skills. I am particularly drawn to the potential and dynamism of young lawyers. The key qualities for a successful legal career, as I have learned, includes a profound understanding of case facts, the ability to draft and interpret legal provisions, and the skill to construct a robust case or defence. As a mentor and guide, I engage young lawyers in reading the case files multiple times until the facts become second nature to them. When they come to brief me on the facts, I often find that they need to read the case file more thoroughly. This is when I read along with them, ensuring they understand the facts. I then guide them in applying the facts to the legal issues, navigating the various aspects of legal intricacy involved in the case. I also lead them in extensive legal research using all modes of study related to the case. Once they have a clear understanding of the law involved in the case, they are confident enough to draft the pleadings and present them to the court.  I also strongly encourage them to present the case before the Hon’ble Judges of various courts in India, fostering their confidence and skills and supporting their growth as legal professionals. My mentees remember me and continue to call me for any legal issues. Several of them started their own law firms, and while a few are working in-house, most are working with law firms pan-India. This is a testament to the growth potential in the legal profession and the bright future that awaits them.

    You have represented clients in some high-profile arbitration cases, including one of the biggest challenges in India. Could you tell us about the complexities and learnings from handling such significant cases?

    During my tenure at UKCA, I successfully managed a wide array of high-profile arbitrations. These cases spanned diverse sectors such as construction, investment, subscription, defence, hotels, malls, papers, and more. This breadth of experience showcases my ability to adapt and handle complex cases across various industries.  

    The MS Shoes East Limited case, a pivotal arbitration matter, was a significant milestone in my career. It involved complex laws relating to an undersubscribed Initial Public Offering (IPO). I represented over 100 underwriters who played a crucial role in MS Shoes’ IPO subscription.

    While handling MS Shoes Arbitration, I honed my skills further in SEBI law and regulations, circulars, and notifications, mainly relating to IPOs.   I also learnt the art of negotiating and dispute resolution strategies with the opposite party to bring them to the negotiation table. I have also learnt to handle pressure and the volume of documents involved in arbitration proceedings.   

    Arbitration is a key part of your practice. How do you see the role of arbitration evolving in the Indian legal landscape, and what advice would you give to young lawyers interested in this field?  

    Arbitration, an efficient alternative to the routine court judicial process, is immensely significant in swiftly resolving disputes between parties relating to civil, commercial, construction, investment, etc. 

    Amendments made in 2015 and 2019 to the Arbitration and Conciliation Act of 1996 paved the way for the evolution of arbitration in the Indian legal landscape, making it more efficient, transparent, and time-bound to complete. Additionally, India has aligned its legal framework with global best practices, so foreign investors have shown increasing trust in the Indian arbitration system. 

    The evolution of arbitration in India is not just about legal changes. It’s also about embracing technology. The COVID-19 pandemic, while disruptive, has been a blessing in disguise, accelerating the use of technology in arbitration and enabling arbitrators and parties to conduct proceedings from anywhere in the world. Further, the establishment of two institutional arbitration centres, the Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC), has led to a shift from traditional ad-hoc arbitration to these centres.

    I would like to advise young lawyers who want to practice arbitration to look for a trainee or associate position with a law firm that practices arbitration. They should inculcate the habit of extensive research and documentation, practice legal writing skills, and be well-versed in communication skills.  

    You’ve advised clients on antitrust investigations concerning price-fixing and bid-rigging. Can you share an example of a particularly challenging case and the strategies you employed to address it?

    The challenges that I encountered while advising the clients on antitrust investigations concerning price-fixing and bid-rigging are the mere allegations based upon circumstantial evidence such as proxy bidders, identical bids, communication patterns, and also frequent communications between bidders can be misinterpreted as collusion. Further, even the IP addresses and call detail records can be technical and challenging to dispute, and sharing price information, even if it’s publicly available, can be misconstrued if it appears to affect market competition. Furthermore, legitimate parallel pricing behaviours can be mistaken for collusion, requiring detailed justification.

    I advise industries to keep comprehensive and transparent documentation of bidding and pricing activities and establish and enforce internal policies to prevent anti-competitive behaviour. Providing robust evidence of independent business justifications for bids and prices and constantly monitoring and archiving communications to ensure they comply with competition laws are all important. 

    However, it’s equally crucial to understand the compliance requirements. This knowledge gives you control over your actions and ensures you are always on the right side of the law. Engaging legal and digital forensic experts to counter circumstantial evidence, cooperating with the investigating authority, and proactively addressing potential concerns are all part of a comprehensive strategy.

    As an Alternate Chairperson and Local Commissioner appointed by the court, what responsibilities do these roles entail, and how do they complement your work at UKCA & Partners LLP?

    In 2010, the Hon’ble Delhi High Court appointed me as an alternate Chairperson in a Court-convened meeting in a merger case. My role was to oversee the court-convened meeting, including following the agenda, ensuring adherence to procedural requirements as per the Companies Act, 1956, and maintaining minutes of the proceedings. I also ensured that votes and resolutions relating to the merger were thoroughly documented, conducted voting on resolutions, and ensured that resolutions were passed with due legal compliance. After the meeting, I meticulously prepared a comprehensive report detailing the proceedings and the resolutions passed and submitted it before the Hon’ble Court. 

    Again, in 2009, the Hon’ble DRT-II, Delhi, appointed me as a local commissioner to recover a hydraulic excavator from Barabanki, Uttar Pradesh. My role was to strategize a plan with the banker to locate where the excavator was stationed. After it was located, I visited the place and engaged local police with some personal security guards to maintain law and order, remembering that I had to recover the excavator from the road builder from the highway construction site. I managed to recover the excavator and parked it in the stockyard after preparing a list of inventories with the banker, preparing a detailed report, and submitting it before the Hon’ble DRT.      

    Acting as an Alternate Chairperson and local commissioner, I gained invaluable knowledge and skills, such as strategic decision-making, leadership, and procedural expertise, which I now apply in my regular practice. I also share my experience with my colleagues and associates, complementing the firm’s work. The experience and skills I acquire enhance my professional growth and our firm’s reputation and improve client satisfaction through better advisory and representation.  

    Given your experience in domestic and international arbitration, how do you navigate the differences in legal systems and practices across borders, and what challenges have you encountered?  

    Understanding the legal systems and practices in different jurisdictions is critical to effective arbitration. It ensures you are well-informed and prepared for any new legal developments impacting your arbitration proceedings. Thorough research on how similar disputes have been handled in different jurisdictions is essential. Mastering these differences necessitates clear communication, which is a fundamental aspect and the cornerstone of fair arbitration. 

    I have faced these challenges while enforcing arbitral awards in China, which presents challenges through various legal, procedural, and practical considerations. Chinese courts have the power to review foreign arbitral awards. Local protectionism can play a role, especially if the award is against a regional party with significant influence or importance in the region. Local courts may be reluctant to enforce awards against local companies. While China is a signatory to the New York Convention, recognising and enforcing awards from certain foreign arbitral institutions may encounter resistance. Further, locating and seizing assets in China is another significant challenge due to the lack of transparency and the ability of debtors to hide or rapidly transfer assets. 

    Continuous learning and adaptability are beneficial and essential in international arbitration. By embracing these strategies and anticipating challenges, arbitration professionals can effectively navigate the complexities of cross-border disputes.

    In your journey to becoming a partner and leading your practice areas, what personal growth strategies have you found most effective, and how do you apply them in your daily life?

    Continuous legal updates and the empowering ability to make firm decisions were the most effective strategies that contributed to my personal growth in becoming a partner and leading my practice areas.

    I apply the strategies daily by getting up early in the morning, playing sports , meditating, and reading legal news and updates. I also engage in deep reflection on myself and areas for improvement. After that, I set my goal to accomplish the task. 

    When applied daily, these strategies serve as stepping stones in my journey towards becoming a partner and leading in my practice areas.        

    How have recent global events, such as economic shifts or geopolitical changes, influenced the legal landscape in which you operate, and how do you adapt your strategies accordingly? 

    Global recent events, such as the penetration of information technologies, especially after the COVID 19 pandemic, have changed the way of litigation, including courtroom appearances, hearing, and filing of cases. 

    Filing in Courts/ Tribunals is mandatorily being done through e-filing and digital signatures. Submissions of hard copies and paper-book are dispensed with. Court and Tribunals are connected online for hearing on both ends fitted with cameras, microphones and LCD display units. Inspection of court files are available online in the High Court of Delhi and other Tribunals. All these facilities have enabled advocates to take up cases from different jurisdiction and to appear online for hearings simultaneously for different High Courts and Tribunals.

    Economic shifts have also resulted in changing the nature of cases apart from traditional civil and criminal matters. We represent parties in arbitration matters where government bodies are one of the parties. Disinvestment policies of the government and the public-private model of industries have changed the nature of disputes altogether. Now we have cases of shareholder disputes in joint-venture entities where one of the parties is a government body, e.g. Govt. of NCT of Delhi or SAIL or the Ministry of Defence. So, we are changing our strategies for litigation or arbitration accordingly.

    Outside of your professional life, what hobbies or personal interests do you pursue, and how do they help you maintain a balance in your demanding career? 

    I enjoy swimming and playing sports. Additionally, I am dedicated to supporting my community by helping residents with their difficulties and spending quality time with friends. These activities contribute to my positive outlook and help me maintain a healthy balance alongside my demanding career.  

    Get in touch with N Raja Singh-

  • “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

    “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

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

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

    Can you tell us what initially sparked your interest in pursuing a career in law, and how that interest developed during your time at The West Bengal National University of Juridical Sciences?

    I belong to a family of lawyers. I was fascinated by this profession from childhood. I was hugely inspired by watching my father practice as a lawyer. He is still a huge inspiration for me. So, from my very childhood, the legal profession was the only thing in my mind as a profession. When I was in class 12, I saw in the newspaper that Professor Menon would set up WBNUJS at Kolkata. I was fortunate enough to sit for the entrance examination and got through. Five years at WBNUJS were the best five years of my life. These are the formative years for any individual. WBNUJS has given me exposure to diverse fields of law and much beyond. My love for law in general grew further in WBNUJS. I got to interact with professors and other students, who played a huge role in my growth and development as a lawyer. WBNUJS taught us the importance of learning basic skills not only in law but also in life.  

    With 19 years of experience in the legal field, you’ve specialized in areas such as dispute resolution, real estate, and corporate advisory. What aspects of these practice areas do you find most fulfilling, and why?

    Each practice area has its own charm. Since litigation was always my first choice, I am a  little bit biased towards dispute resolution. I have gained experience in diverse areas of law due to my interest in studying different laws and use them to solve problems faced by the client. While in real estate and corporate advisory, you are generally restricted to certain aspects / branches of law, in case of dispute resolution, depending on the nature of disputes, one has to deal with diverse laws. Sometimes, we have to study legal provisions which were unknown to us and do research on such laws to prepare an argument for the client. I think the opportunity to learn laws, interpret them and use them to give relief to the client makes dispute resolution the most fulfilling for me. When our hard work in dispute resolution helps our client get the desired relief from the Court, it gives you a sense of satisfaction.      

    Your practice spans multiple industry sectors, including FMCG, construction, healthcare, and education. How has working across these diverse sectors shaped your approach to legal challenges?

    I love and enjoy learning diverse laws. While dealing with these sectors, I not only learn the laws applicable to these industry sectors but also I have to understand their businesses. Diverse experience in multiple industries and multiple practice areas have helped me acquire diverse skills which, in the era of specialization, give me an advantage in dealing with a client, who may face different legal issues.  Working across these diverse sectors have brought me a wider range of perspectives and approaches to problem-solving, which have enabled me to advise my client on diverse issues in a holistic manner. 

    One of your key strengths is effective knowledge management within your team. Can you elaborate on the strategies you use to keep your team updated with changing legal frameworks and ensure they are well-prepared for complex cases?

    I believe that we lawyers remain students of law throughout our life. We keep on learning. We learn from seniors, colleagues, juniors and clients. Once we stop learning, that will be the end of our profession. Thus, constant learning and sharing of knowledge within the team are very important aspects. We, as a law firm, encourage everyone to be updated with changing legal frameworks and share such updates within the team. In addition to usage of e-mails or WhatsApp, we encourage everyone to discuss with each other new updates – new laws, rules, notifications, judgments, amendments etc. during office hours. Such discussions help everyone gain diverse perspectives of law rather than having his own interpretation only. This helps them to apply the law in diverse cases they handle. 

    You have represented schools in West Bengal in matters related to fees charged during COVID-19 and appeared before both the High Court at Calcutta and the Supreme Court of India. How do you approach such sensitive and high-profile cases to ensure the best outcomes for your clients?

    The education sector is very important in nation building, and was severely impacted by Covid. Physical classes had to be stopped and some of the parents suffered financially. On one hand, the schools have a right to carry out their activities – which are dependent on the fees to be collected from the parents and utilizing the same for educating the students and taking care of its teachers, officers, non-teaching staff and other stakeholders. On the other hand, we have to exercise the rights of the student to get an education. There has to be balance between these two interests, which in fact are not conflicting. The schools we represented adapted very quickly and shifted to online classes for the benefit of the students. Considering the hardships faced by some of the parents, the schools had taken the decision to provide various concessions to the students who needed such concessions. We did not approach the litigation in a generic adversarial mode. We understood that given the situation, the judges would have been sympathetic to the interest of the students, because the future of the students was to be considered. Thus, our approach was to ensure that the Courts also understood the rights of the school authorities – the importance of continuation of fees so that interest of teachers, administrative staff, other staff, contractors and all other stakeholders were also protected and it was important for the students themselves that the schools should survive and be able to continue to provide education to its students. Of course, there was some financial losses to the schools initially, but the schools survived Covid and continue to provide education to its students while protecting the interest of the students, teachers and all other stakeholders.  

    You have also been involved in significant corporate transactions, such as private equity investments and business transfers. What are the most critical factors to consider during such transactions to safeguard your clients’ interests?

    Each private equity investment and business transfer is unique in its character. It is very important to understand the business part of the transaction, you can only use your legal expertise in a particular transaction if you understand the business part of it. Due diligence plays an important role in private equity investment and business transfer. If you are on a buyer side / investor side, then identifying the legal risk in the proposed transaction is very critical to safeguard your clients’ interest. You need to explain the risk to your client and advise your client regarding various ways to mitigate the risk – through changing the structure of the deal, through execution of additional documents or through incorporating appropriate clauses in the documents. It is important for the client to make an informed decision. Our job is to identify the risk and advise the client on mitigating the risk; However, sometimes, the client has to take a business call. Legal expertise should be used as a business enabler and not as a deal breaker.  

    Lastly, what advice would you give to fresh law graduates who are just starting their careers and hoping to make a significant impact in the legal profession?

    Every individual is different and each of them must find their own way to make a significant impact in the legal profession. What may have worked for somebody need not work for all. A fresher must find a right path himself which suits him. Of course he may learn from other professionals / seniors, but such learning has to be suitable for him. However, the basic template to have reasonable success in the legal profession is the same as in any other profession. It is hard work, discipline, dedication and finding the right balance. You should keep on learning and have faith in your ability. You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client. You will definitely get an opportunity in this profession, you have to be ready for such opportunity and if you are prepared to take advantage of such opportunity with your hard work, you will be able to make an impact in the profession. 

    Get in touch with Sourav Bhagat-

  • “If at all there is something to chase, chase the might of the white-collar bands which signifies being subservient only to God and be fearless and truthful learned counsel. There is much more than money in-store when you are a dignified and respectable officer of the court.” – Shiv Mangal Sharma, Additional Advocate General, Government of Rajasthan

    “If at all there is something to chase, chase the might of the white-collar bands which signifies being subservient only to God and be fearless and truthful learned counsel. There is much more than money in-store when you are a dignified and respectable officer of the court.” – Shiv Mangal Sharma, Additional Advocate General, Government of Rajasthan

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

    Your journey in the legal profession has been remarkable, from your early days to founding Aura & Co. Could you please allow us to walk through your journey and share how you came to this profession and what challenges you faced during your initial days?

    Walking into the initial days of my legal career drives me a little nostalgic. However, in response to your question, I initially earned my Bachelor of Science (Honors) degree from B.S.A. Degree College and K R Degree College affiliated with the University of Agra in 1996, followed by a Bachelor of Laws (LL.B.) from the Agra University in 1999. Hence, technically my career as a legal professional commenced/ began in the early 2000s. I was admitted as an Advocate to the Bar Council of Delhi in 2000, and by 2003, I was enrolled as an Advocate with the Supreme Court of India. Since the early days of my practice, I started gaining immense recognition for my expertise in handling complex legal issues. As challenges are concerned, like every practicing advocate, I also faced some minute challenges but my dedication and devotion towards the legal profession, and the immense support of my family members gave me a drive to work hard every day and led me towards the path of becoming a successful advocate.

    As the Managing Partner of Aura & Co., you’ve managed to build a comprehensive legal service covering various aspects of law. What inspired you to establish such a diverse legal platform?  

    From the very inception of my career, I had an aim to provide my expertise in the legal field in various dimensions to society. The only vision that I have been carrying is to provide unprejudiced, unbiased, and unsurpassed legal services to my clients in the relevant legal domain. In response to your question the vision behind establishing the firm is that the firm must be chosen for the clients and take that relationship forward by making ourselves deserving enough to be their business advisers and not just legal service providers. Moreover, it is my ideology that the management of the firm should make sure the echelon and efficient functioning of the firm while providing opportunities and avenues for its members to grow and learn. The main aim to establish the firm was to encourage leadership development and transparency between management and its associates.

    Further, the establishment of the firm aims at the Firm to work with clients engaging with legal teams and the wider business to help them in achieving the right commercial outcome. As a result, the Firm aims to support the client’s technology, outsourcing, corporate and commercial needs. The structuring of the firm is intentionally coupled with effective, timely, and practical solutions the factors that are predominant in choosing the firm by the clients. The vision of the Managing Partner follows the vision the firm that is vision is to provide continued excellent and practical timely solutions to the clients.

    Your tenure as Additional Advocate General for the Government of Rajasthan must have provided unique insights. Could you please share some details of this role and the commitments that come with this? How did this experience influence your approach to legal advocacy?

    It is an opportunity for me to be appointed as Additional Advocate General for the Government of Rajasthan and represent the State of Rajasthan before the Supreme Court of India. It is a matter of immense pride that I have got such an opportunity. Being on this post for the past 3 months, I have experienced a veracity of legal arenas and the enlarged scope of working of the State of Rajasthan.

    Given your extensive background in both civil and criminal law and your involvement in law-making and policy advising at high levels, how do you navigate the complexities of cases that involve overlapping legal areas, and how do you envision the role of legal professionals in shaping public policy? 

    Like every legal practitioner, it is my role to navigate the complexities of the cases. As a matter of fact, there is a plethora of cases where there arises overlapping of legal areas, in such a situation me, and my team are inclined towards the providing best services to our clients in an efficient and ethical manner. We as a team make all possible attempts to get our clients the best legal, practical, and workable solutions for our clients.

    How do you foresee the role of international law evolving in India, and what steps is Aura & Co. taking to prepare for this shift while also promoting legal awareness and education among the general public? 

    In my opinion, India has been a significant and influential player in the global arena. It plays a pivotal role in the intricate relationship between international law and diplomacy. With its vast population, rapidly growing economy, and geopolitical influence, India is uniquely positioned to influence and shape the course of international affairs. India’s approach to international law is characterized by a delicate balance between its commitment to principles of sovereignty and non-interference and its recognition of the importance of international legal frameworks in addressing complex global challenges. India’s multifaceted role in global diplomacy and international law is the complexity of the relationship between these two critical components of international relations. As a rising global power, India’s approach to international law and diplomacy continues to evolve, and its engagements will continue to influence the ever-changing ideology of global governance. In doing so, India reinforces the interdependence of diplomacy and international law, illustrating its vital role in shaping the future of international relations and global governance. As the promotion of legal awareness and education among the general public is concerned, we as a law firm with the help of writing articles, research papers, and attending seminars have attempted to convey our thought process in the society concerning the development in international law. Also, Aura & Company with its associated Lawyers, is a law firm that has a strong international presence. The firm currently has an office in the United Kingdom under the name Aura & Company International Ltd. The firm is also in the process of opening offices in Dubai and Canada. In addition to its services, Aura & Company Lawyers’ sister concern, Auraleagueglobal, provides advice and services to clients involved in international litigation. With its expanding global reach, Aura & Company Lawyers is well-positioned to provide support and guidance to clients operating in various parts of the world.

    As one of the premier law firms in India, what qualities do you look for in potential legal interns, and what advice would you offer to students seeking internship opportunities at Aura & Co.? 

    In my opinion internships play a crucial role in our careers. Working at a competent law firm can give a law student a major competitive edge over others. As the qualities are concerned for the potential legal interns, the firm expects the interns to have a desire to learn, be punctual, be hardworking. Being a premier law firm, we provide opportunities to law students from the different areas of the country.

    Reflecting on your extensive experience, are there any cases or achievements that stand out as particularly rewarding or challenging? What made them memorable?  Also, how do you balance the demands of your various roles, from being a Senior Panel Counsel for multiple state governments to managing a premier eLaw Firm?

    As Professional Achievements are concerned I have over 3000 appearances in the Supreme Court of India.  I have been involved in numerous landmark cases reported in various law reports. I have got an opportunity to Work alongside eminent legal professionals including Harish Salve, Mukul Rohatagi, and K.K. Venugopal. I have actively engaged in seminars and conferences related to legal process outsourcing and innovative legal services. Being a legal counsel, the commitment to the cause of providing clients with professional, responsive, and diligent legal support with the degree of excellence and integrity that one expects from legal advisors. The assistance may be in connection with litigation(s) or advisory work pertaining to disputes before all Courts, Tribunals, Commissions, and other various authorities and boards with our extensive team of lawyers and officers having expertise in respective fields. These are certain reasons that helps me to balance the demands of my various roles, from being a Senior Panel Counsel for multiple state governments to managing a premier eLaw Firm.

    Apart from your professional endeavors, what personal hobbies or interests do you pursue to maintain a work-life balance? 

    I am inclined towards learning new languages.

    What advice would you give to young lawyers who aspire to take on roles as significant and varied as yours in their careers?  If at all, there is something to chase, chase the might of the white-collar bands which signifies being subservient only to God (as the ministers of the church in earlier days felt, from whom the robes and the bands are borrowed for the dress code) and be fearless and truthful learned counsel. There is much more than money in-store when you are a dignified and respectable officer of the court. As an advice to the young lawyer, firstly, a legal professional needs to be proactive. The best juniors take the initiative on seeking out problems, solutions and opportunities. They don’t just wait for these to be handed to them by their supervisor / law firms. Secondly, lawyers should take care of the easy stuff. The real value that juniors provide is all the other stuff within our control and skill level (so that the supervisors don’t have to think about it), such as proofreading and formatting; properly naming and saving documents in the right place; and carefully reading through all email attachments / relevant documents sent to us. Thirdly, communication, a lawyer who is good at communication gives an ad-on advantage to progress in this field.

    Get in touch with Shiv Mangal Sharma-

  • “Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc.”- S S Rai, Senior Manager -Legal, Goods and Services Tax Network

    “Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc.”- S S Rai, Senior Manager -Legal, Goods and Services Tax Network

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

    Your journey into law is quite remarkable. Can you share with us what initially inspired you to pursue a career in law?

    Honestly speaking I entered the legal profession not by design, but destiny took me to this profession. Initially, I was quite skeptical and had a lot of hesitation but with time I recognized its worth and started enjoying my profession and the rest is history. I believe that Law colleges play a pivotal role in shaping your career interest and I owe a lot to my alma mater i.e. Faculty of Law, University of Delhi where from day one I got exposure to real case law study with the flair of litigation. Moreover, I feel lucky to have had a great mentor during my juniorship in Delhi High Court for the initial period of struggle who not only mentored me but supported me at every tough phase in my professional journey.

    With your extensive experience in litigation management, can you tell us about some of the most challenging cases you’ve handled and what you learned from them?

    I have dealt with several high-stake writ petitions including PILs filed against the Union of India wherein particular provisions of a Government /State’s Guidelines/ Office Memorandum/ Subordinate legislations etc. are challenged being ultra-vires to the Constitution of India, in addition to seeking interim stay in the matter. Such kinds of cases are very sensitive and require prompt action and timely briefing from the respective department to protect the interest and avoid any adverse order from the Hon’ble Court. Managing the aforesaid crisis is a bit of a challenging task keeping in view the limited time frame, however, having access to the department’s key personnel getting inputs and a good understanding of the court’s craft has helped me deal with such situations.

    You’ve worked on a wide range of legal matters, from Constitutional law to Intellectual Property Rights. Which area of law do you find the most intriguing and why?

    I found Constitutional law most intriguing because it encompasses everything, and all rights and respective duties of Citizens as well as States originate from it. Moreover, I have a very strong affinity for other areas of law including Administrative Law, Service Matters, Corporate Law, GST Law, Intellectual Property Rights, and Data Privacy law.

    Drafting and reviewing complex legal documents like MOUs, NDAs, and contracts require great attention to detail. What strategies do you employ to ensure accuracy and compliance in your work?

    In the corporate legal world drafting and reviewing legal documents including MOUs, NDAs, and Contract hold a very specific importance that not only requires an understanding of the genesis of the transactions based on such documents but also an in-depth knowledge of various branches of laws operating behind such transactions, viz; Contract law, Arbitration, IPR, Data Privacy law in addition to the general provisions of laws dealing with jurisdiction, etc. So far as my approach to dealing with the task above, I believe in the popular proverb ‘two heads are better than one’ which insists on adopting a ‘Four Eyes Principle’ for accuracy in addition to thoroughly checking every clause in line with organizational goals as well.

    Your profile mentions your interest in the Environment, Health Issues, and Data Privacy Law. How do you see these areas evolving in the coming years, and what role do you hope to play in their development?

    Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc. Global Warming and Climate change have already taken Centre stage on the world canvas requiring multilateral cooperation amongst the various stakeholders.  Moreover, Health Law in India is yet to be fully explored keeping in view the current state of the health sector in India. Article 47 of the Constitution of India’s Directive Principles imposes the duty on the state to raise the levels of nutrition and the standard of living and to improve public health as among its primary duties. Nevertheless, people are facing numerous health challenges in India which requires well-crafted policy implementation and trained legal professionals to realize the goal enshrined under the Constitution of India. So far as the Data Privacy law is concerned, it is still in its nascent stage in India, nevertheless, in the age of digital and technological advancement striking a balance between organizational goals and ensuring privacy parameters poses a great challenge and fresh opportunity as well. I’m eager to see the full-fledged exploration of potential outcomes impacting the common man’s life in the coming years and have already contributed through my research article etc. spreading awareness in my professional arena.

    Managing litigation for various entities, including government departments, can be quite demanding. How do you balance the high-pressure environment while maintaining your strong work ethics and integrity?

    Managing litigation for Government departments demands specific skill sets and an understanding of the Government’s points of view. A single order or direction against the departments can impact the functioning of the Govt. and sometimes open a Pandora’s box, if not properly defended proactively, considering the high stakes involved. Strong work ethics and integrity are the hallmarks of the legal profession, and the same applies to a person defending the Government’s interest, therefore, every legal professional must strive to act with a high level of professionalism and integrity. Being in the Legal profession for more than a decade I always acted keeping in view the aforesaid principles in all challenging situations.

    You’ve authored several legal research papers and presented at international conferences. How do you think your research has influenced your professional practice and the broader legal community?

    Well, research is a part and parcel of the legal profession wherein one is used to search for case precedence on particular facts and issues. However, researching beyond the court’s case precedence and striving to explore something that is neither being explored nor any precedence is available makes a difference in the long run. Many a time such kind of research may prove a deciding factor in deciding a case or formulating new policy guidelines to be implemented. Some of my research articles have been cited by other researchers to supplement their case/hypothesis thereby broadening the knowledge base. However, such kind of research requires new-age tools and techniques to justify your hypothesis with good analysis of data to come up with plausible solutions to the research problem. Moreover, for me, presenting and publishing a research article/paper at an international conference/ Journal helps me in aiding new insight to many subjects and new thoughts for legal exploration. It offers good networking with peers’ researchers and academia that is an added advantage.

    Outside of your legal practice, what personal hobbies or interests do you pursue, and how do they help you maintain a work-life balance? 

    Outside my legal practice, I love reading good literature, which serves as food for my thoughts. Moreover, I’m very much involved in writing and my latest book “Witnessing the Sacred: Powerful Affirmations for Eternal Happiness and Success,” occupies a place of prominence as Amazon Bestseller (https://amzn.in/d/hNPzUgg). I routinely appear as a key Speaker in panel discussions on contemporary socio-legal issues. Additionally, I served as an expert assessor, judging national-level Moot Court and Negotiation Competitions organized by leading Law Schools in India.

    What is your stake in the National Litigation Policy (NLP) that has now been finalized by the Law Ministry?

    The National Litigation Policy (NLP) has been pitched as a major reform aimed at streamlining government litigation. As per the data available on the National Judicial Data Grid, more than 4.48 crore cases are pending in various courts, with the government and its agencies being the main litigants in various courts and tribunals across the country. This reform was much needed, and the judiciary has also emphasized the need for such a policy dealing with the high pendency of litigation. The Hon’ble Supreme Court in Chief Conservator of Forests Govt. of A.P. Vs. Collectors and Ors. 2003 (3) SCC 472 held that the States/Union of India must evolve a mechanism to set at rest all inter-departmental controversies at the level of the Government and such matters should not be carried to a court of law for resolution of the controversy. The Law Commission in its 126th Report, has also stressed the importance of a litigation policy to avoid litigation or reduce it thereby alleviating the burden on the court system. The finalization of NLP at the Ministry level is a welcome step, and I hope its implementation (post approval from the cabinet) will transform the Government into an efficient litigant whose primary responsibility is to protect the rights of citizens.

    Finally, what advice would you give to fresh law graduates who are just starting their careers and aspire to have a successful career like yours?

    The legal profession is a noble profession among all, and it offers numerous opportunities compared to any other profession in the world since it is not just limited to Advocacy or Judgeship. A law graduate has options to make his/her career in the Legal and Compliance Department of PSUs/Government Department /Private Companies/Bank/, NGOs/ International Organizations, and Academics. However, for all the fresh law graduates who are just starting their careers in litigation practice, I would advise being mentally prepared for tough terrain in the beginning. It requires a lot of hard work under intense pressure to perform. Nevertheless, with time, their hard work will pay off not only in terms of money but also in knowledge. However, for all the students aspiring to have a career in the legal field, I must emphasize the importance of choosing your Law College wisely since it plays a very crucial role and can have a lasting impact on your legal career.

    Above all, I would like to say that legal knowledge not only empowers individuals by making them aware of their rights and duties, but it also provides for seeing society differently. A public-spirited lawyer can make a phenomenal impact on society by advocating for the social and economic rights of the people, as the fundamental ethos of the legal profession is the service to society.

    Get in touch wit S S Rai-

  • “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

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

    Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?

    When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws. 

    As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?

    In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth. 

    Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?

    The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system. Law and society are intertwined, each contributing to shifting the perspective of the other.

    Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?

    The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners. Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.”  Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.

    The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.

    Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?

    I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors. 

    Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?

    I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for. 

    As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.

    With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?

    It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates.  Therefore, the field is not an old boys club. 

    As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?

    Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow. 

    Get in touch with Ashima Mandla-

  • “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

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

    Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.  

    Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.   

    As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?

    The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.

    We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?  

    What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.     

    How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?  

    The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back. 

    What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?   

    We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling. 

    You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?  

    You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.

    Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?

    I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.

    Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?  

    I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.  

    Get in touch with Rajvendra Sarswat-

  • “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

    “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

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

    What motivated you to pursue a career in law, and could you walk us through your journey from your early days in law school to becoming a partner at Factum Law? Additionally, could you share some of the challenges you encountered during the initial stages of your career and how you overcame them?

    The Question should be ‘Who?’ and not ‘What?”. I owe my professional life to my grandfather Mr. V.V. Ramanatha Iyer who was a prominent Lawyer in the Vellore District. As a school going kid, I used to accompany my grandfather to the Munisiff Court at Ranipet where he predominantly practised. It was his wish that I take after him. I joined Law School much against the wishes of my mother who like many others at that time thought that I would end up a Lier to be a successful lawyer. It took a while to convince her and she reluctantly agreed after I promised her that I will not Lie. It was my grandfather who sowed the seed in me to be a Lawyer and it was he who taught me that a Lawyer can be honest, truthful and successful. Legal education in those days were more theoretical unlike today and we hardly ever stepped into a Court during our Law School days. Of course there were quite a few exceptions to this and a few of my friends started interning quite early. 

    But I was a Reluctant Lawyer, when for the first time I set foot in Court almost 29 years ago.  Growing up, I was very quiet, reserved and had all qualities uncharacteristic of a Litigating  Lawyer. When I started my practise as a junior to my grandfather at Ranipet, I was just happily  going around the corridors of the Subordinate Courts as a privileged grandson but without actually knowing the fundamentals of being a Lawyer. I  felt I was in the middle of a jungle with  my eyes tied shut. I did not know what was happening.  I became a lawyer because of my  Grandfather and also because I did not know what else to do with my life.

    What inspired you to specialize in contentious and non-contentious litigation in areas such as IP, corporate, and commercial laws?

    When we started our careers as lawyers, we had only two options. Either to litigate or go inhouse. Since I followed my grandfather’s footsteps, contentious and non-contentious litigation was the obvious choice. But to sustain and keep up with that choice is a completely different challenge. I would say, Intellectual Property Rights and Commercial Laws chose me rather than me choosing them. A year into practice, my illustrious grandfather advised me to relocate and start afresh with a good Senior Practitioner at the Madras High Court. He felt that the Subordinate Courts were being bifurcated and it would be difficult for me to run around from one Court to the other in the Vellore District of Tamil Nadu. I am glad I took his advice and moved to the High Court where I was given the opportunity to join the chambers of Mr. V. Veeraraghavan, one of the most prominent Lawyers in the field of Intellectual Property Law in Chennai then.  It was more like an institution where we got to learn the practice of IPR and commercial Litigation. Mr. Veeraraghavan was instrumental in tutoring many other stalwarts like Mr. Prabhakara Reddy and Mr. Perumbulavil Radhakrishnan who were also my mentors and still continue to guide me in my journey.  All these mentors inspired me and continue to inspire me to do well. And IPR as a subject is so unique and different from all the other areas of laws, it is but natural to be drawn to this area of specialization.  

    We noticed you’re a senior panel lawyer for ‘The Institute of Chartered Accountants in India.’ How did this collaboration come about, and what does your role entail?

    I have been a Senior Panel lawyer for ICAI  the past few years. The collaboration started after a process of application and selection through an in person interaction. As a Senior panellist, I am entrusted with representing ICAI before the Madras High Court in select matters of complex legal issues. It has been both a learning and a rewarding experience representing one of the premier Statutory Bodies of the Country. 

    Given your extensive experience, what advice would you give to aspiring lawyers looking to specialize in intellectual property law?

    The Legal profession generally is a very noble profession which is also very satisfying and rewarding to all the genuine practitioners. I would most certainly tell all the youngsters who are looking at Law as a career, that honest, sincere hard work would make you very efficient and successful. It is imperative to believe that a lawyer is allowed to interpret a law but not facts. 

    Our profession has spread its wings far and wide now in terms of the avenues for a lawyer to get into. Earlier a lawyer had no other alternative but to either choose litigation or become an inhouse Counsel. But the options that are now available are much more. However,  It is my firm view that every lawyer on their enrolment should litigate in any Court of their Choice and convenience for a minimum of three years before choosing any other option. Because Litigation teaches us everything that one needs in life including Man Management. Right from just seeking an adjournment, to substantial arguments it is just an art. I always believe that the lessons a young lawyer learns from litigation in the first three years, would keep him/her in good stead for the rest of his/her life in whatever they choose to do.  So my first advice, if I may call it, is to gain experience as a litigator for a minimum period of three years before they decide to opt for any other avenues of the profession. 

    As for Intellectual Property Rights, this is the only area of law whose value stems from the public perception of such IPR (except Patents of course) and therefore every case would be different from the other. This is also a subject that just keeps evolving with every new invention and/or creative work. This to me is the unique aspect that makes it even more interesting than any other areas of law. The entry of AI now is taking to  different heights and it would be interesting to see where else it goes. 

    Can you share any insights into the legal landscape in India, particularly in terms of intellectual property rights and brand protection strategies?

    The Legal landscape is pretty promising as I believe that India of all the Major economies of the World has the best IPR protection in terms of Statutory Laws. Having said that, I also believe that we have to improve a lot in its implementation. Our Judiciary has been doing a lot to improve/ fasten the time for delivering Justice which by itself is no mean feat considering the population and the number of Judges we have. 

    As for strategies, I keep thinking that the brand owners take a long time to realise the potential value of their IPR’s and more often than not, the time delay in seeking Statutory protection by way of registering one’s brands or Patenting their new invention results in them losing value. Statutory protection of IPR’s should be the first on the agenda for a brand to be valuable. Registering a brand alone is not enough but maintaining it and protecting it from infringement at the right time is also equally important. In my little experience, I have come across quite a few brands losing their brand value just because they did not take action at the right time. It is also imperative for brand owners to understand that the cost and expenses for protecting and maintaining their brand is more of an investment than just an expense. 

    Looking back at your career journey so far, what are some key milestones or turning points that have shaped your professional growth and approach to law?

    Looking back, It just amazes me that I am able to sustain in this competitive field and quite well. I would like to think that the entire Universe comes to your aid if you just keep working without thinking about the result or the consequences. I take this opportunity to thank all my Seniors who nurtured/ mentored me and who still guide me in my journey. There are quite a few turning points since the day I started my career as a lawyer. I very vividly remember my Grandfather’s loving advice to relocate to the High Court and the day I joined the Chambers of my Senior Mr. V. Veeraraghavan who helped me transition into a High Court Practitioner. 

    The year I spent at the Franklin Pierce Law School in the USA would be the turning point or a milestone in my career. It is not only the Legal Skills I acquired there that made it a milestone, but the people I met there and the multi-cultural life that I was introduced to, changed me as a person. I went in as an Indian and returned as a true International. I still am in touch with most of my friends and teachers and I will always cherish my year at my alma mater. This camaraderie with all these people in a foreign Country for one full year taught me to be affable and friendly to all and guides me in my approach to the Legal Profession even today. Starting our own firm ‘Factum Law’ in the year 2017 was another key turning point in my professional life and with the right people to work with, this has been a very interesting and rewarding journey so far. 

    The International Trademark Association of which I have been a member since 2008, has also shaped my knowledge throughout. The Annual Meeting every year and the opportunity to meet thousands of IP practitioners from around the world in one place is always satisfying. This also helps me and my colleagues in keeping ourselves updated with all the developments of Law around the world. 

    None of this would have been possible if we did not have the right team to depend on. I am eternally grateful to all my team members for being with me through thick and thin. Thanks to them I am certain of many more milestones in my Professional life. 

    Reflecting on your time at UNH Franklin Pierce School of Law, could you share your experience and highlight any notable differences you observed between the educational approach there and the legal education system in India? How do you think these differences have influenced your practice of law?

    The life I spent at Pierce Law is the most memorable and life changing. I would be failing in my duty if I don’t credit Pierce Law for all of my achievements so far in my life and whatever I am destined to do more in this professional life. The Education system is more pragmatic whereas we in India still focus on theory. I am however told that it is changing here as well. There are no lectures in the US education system but only discussion. Which means you have to be prepared to be part of the discussion in every class. And you will be tested in the exams only on the discussion you had in the class. So it is imperative that you are well prepared even before attending the class and you get to participate in the discussion. This I believe is the most pragmatic way of teaching subjects and I hope Law Schools in India follow suit on this kind of pragmatic education. This has greatly influenced my thinking and my preparation for a case. 

    As a faculty member at EBC Learning and an alumnus of the Franklin Pierce Law Centre, do you incorporate your international experience and the teaching methodologies you encountered during your LLM into your approach to teaching? If so, how do you adapt these methods to suit the needs of your students and the legal education landscape in India?

    Whenever I get the opportunity to address  the students on some topic of interest, I make sure I follow the lessons learnt at Pierce Law. That of being pragmatic in my approach. So I try to make it an interactive session rather than just a lecture. This certainly aids in the students improving their thought process and their knowledge. This approach is imperative for Lawyers. I am also of the view that no Law school or college in India produces  Lawyers. They can only produce a good Law Student. It is the legal practice that moulds a student into a lawyer and that takes a minimum of three years. So a pragmatic approach would equip the students better in their transition to a professional lawyer. 

    Could you walk us through what a typical workday looks like for you, and how do you ensure you stay updated on the latest developments in the legal field amidst your busy schedule?

    Life of a lawyer is very demanding and unless we are prepared to sacrifice that ‘me time’, it will be very difficult to succeed. There are times when one feels overburdened but that comes with the territory. A typical day for me starts at 9.30 AM if not earlier. That depends on my Court work. Evenings are spent in preparing for the next day’s work and so on and so forth. Law journals and commentaries accompany me many times even in my travels. There can never be a day where a lawyer can say or feel he knows everything and the day one feels as such, would either be his last day of practice or after his retirement. Since Law is something that keeps evolving and changing with times, we as lawyers have to keep updating all the time. So I would only say ‘keep working’ to keep updated. 

    Do you remember the first time when you fought a case? Please tell us some anecdotes that happened in the courtroom.

    Very Vividly. That was my second day at the Madras High Court. I was asked to appear for a contemnor in a Trademark Infringement case against a formidable and successful lawyer who later became a Senior Counsel. I remember struggling to even mouth ‘May I please your Lordship” and the Judge had to lean forward to hear me. I was so nervous that I didn’t even know how I reacted in a room full of stalwarts. Within a few months, I became better at it and started enjoying my appearances in the High Court. Full credit to my senior who constantly encouraged me. It is those opportunities that I got from my seniors that exposed me to successful litigation early in my life. 

    Could you share with us one of the most interesting and challenging cases from your career that still resonates with you, and walk us through the complexities you encountered and how you navigated them? 

    There are quite a few. Particularly at the beginning of my career where I was assisting a Senior Counsel in a Trademark case. It was an appeal and the Senior Counsel appearing for the Appellant swayed the Bench completely in his favour. It looked as though we wouldn’t even have a chance to argue. 

    When it was our chance, all we did was to pick some errors in the Appellants documents and in no time the Division Bench turned in our favour. It showed me what presence of mind and a thorough knowledge of every single piece of paper filed in Court could do. That was a lesson I carried all through my life and I still make it a point to thoroughly study the files. You never know where the spark would come from. 

    I have also enjoyed my experiences in appearing in trial Courts and conducting cross examinations. One can never be fully prepared to cross examine a witness and a presence of mind is most essential to be a successful trial Lawyer. Conducting trials is an art by itself and every Law Student should expose himself/herself to the art of cross examination. A good cross examination has the potential to turn litigation in your favour. I will end by saying that every day in a Lawyers Life is an experience and a learning. I most certainly love the challenges that this profession throws at me every single minute.

    Thank you 

    Get in touch with Rajesh Ramanathan-

  • “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala, Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

    “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala, Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

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

    Could you share with us what initially inspired you to pursue a career in law, and how your early experiences shaped your path?

    I cannot say that law was the first choice for a profession, but it was the unanimous opinion of my elders that as conditions for landowners were becoming difficult in the country, an In-house lawyer was required for a land-owning family, and so I was dumped in the quadrant of law. I have a principle in my life that if I must do something I should do it well, so I immersed myself in the study of law with great diligence and unlike most of the lawyers my favourite subject always was Jurisprudence i.e. to understand the philosophy and logic that goes behind all laws. They said that the first laws of the world were the ten commandments, handed over to the Prophet Moses by God himself. Scholars in antiquities like Plato and Manu interpreted these and with the liberal assistance of the British who saw it fit to impose the Anglo-Saxon system upon us.

    During the early part of my career, (if I remember correctly), I was a Junior with a senior lawyer who was then the Standing Counsel for the Department of Home Affairs in the State of Andhra Pradesh. However, within six months my Senior was elevated as a District Judge and for a better part of a decade took over his job of standing council for the department of Home Affairs. Later in the early 1990’s, I took up independent practice.

    Your educational background is quite extensive, with degrees in commerce and law, as well as research in artificial intelligence. How did your academic journey influence your approach to the legal profession?

    On the academic side immediately after LL.B., I joined LL.M. with “Jurisprudence”, as the main subject. However, after LL.M. there was nearly a decade when I undertook the then seemingly impossible subject of Artificial Intelligence with a research topic of “The Human Quest for Assurance in the Dispute settlement mechanism. A study of the Doctrine of Certainty in the Judicial Process”. At a time the subject of Artificial  Intelligence was then in its very nascent stage and even though the term Artificial Intelligence, was coined between 1956-1960, and were called “expert system” in the late 80’s. In the early 1990’s the concept of the Heuristic based model of creating a tree of knowledge was proposed and this was the best suited for legal research.  Then in Chicago a company called Mead Data Central had managed to convert thousands of American reports into computer readable form and were offering the same to lawyers over various rudimentary tools over FTP and other protocols available then.   Mead Data central went down to become the Lexis Nexis of today.

    My degree in commerce may have only sharpened my business acumen, not that I can speak about it much. My law degree, being a lover of history, I made it a point to know and understand the rationale and the logic behind every rule of law and its development from the simple societies of antiquity to the complex ecosystems today. My quest in the field of Artificial Intelligence was mostly focused on seeking  a sense of certainty in the dispute resolution process for any prospective litigant and practitioner, for in fact this is now enveloped in uncertainty, mainly due to the length of the litigation, the abilities and perception of various parties and lastly the most uncertain area is the exercise of discretion by the court. Sadly, my profession does not use Artificial Intelligence, for its true purpose and purport, and is mostly used to drive home a point, even if the same is wrong or misconceived.

    With over four decades of experience in litigation and dispute resolution, what have been some of the most challenging cases you’ve worked on, and what did you learn from them?

    As mostly a lawyer in commercial and contractual disputes in private practice my career has been confined to mundane interpretation of civil and contractual laws. In one matter which was for the forbearance for the invocation of Bank Guarantee, a very early case in this country were Courts at that time held that the duty of the bankers to fulfil his obligations was sacrosanct, the doctrine of Egregious frauds was invoked, to put on hold a so-called performance of the bank in favour of the fraudulent beneficiaries. Another Grey area of contractual law is the interpretation and enforcement of written form contracts, that is printed contracts normally thrust upon unsuspecting customers mostly by bankers, insurance companies, and large organisations. The classical theory of contract is an agreement between two persons who have similar bargaining power to arrive at a Consensus Ad idem, or meeting of minds, to form a contract, but this is absent in the matter of Written Form Contract, where the conditionality in the clauses are predetermined by one party.  Where one powerful party imposes and dictates terms to a significantly weaker party with no bargaining power this needs to be regulated by Law.

    You have significant expertise in international arbitration and mediation. How do you navigate the complexities of framing contracts with enforceable arbitration clauses, especially across different jurisdictions?

    In International Commercial Arbitrations, particularly where invocation or denial of insurance claims are concerned, the practitioner must put in a certain degree of his mediation skills into practice also. Enforceability of cross border contracts, particularly were jurisdictional courts are perceived to be biased, careful steps have to be taken first to bring the contracting party to a common forum of arbitration, conduct the arbitration obtained the award in whatever it may be and lastly the sheer vulgarities of domestic Courts and tribunals for the enforcement of the award and the loose seemed framework of the ICC is grossly inadequate to deal with belligerent parties.

    Your profile mentions various specialisations, including maritime law, aviation law, and commercial law. What drew you to these particular fields, and how do you manage to stay updated with the ever-evolving legal landscape?

    Many of the International commercial disputes, particularly when they deal with goods in transit require knowledge of laws of that particular mode of transportation like by sea and air sometimes in adjudication of contributory negligence and other related defences known to the law of torts.  Intricate knowledge of systems of applicable law to the subject as well as territorial application are in play, ascertain aspects of maritime law are also relating to conditionalities.

    As the chairman and founding trustee of The Heuristic Foundation and trustee of the Zal Maneck Foundation, how do you balance your legal career with your responsibilities in these educational and real estate management roles?

    It was during the formative years of the 1990’s that the Heuristic Foundation was created for the advancement of knowledge in various disciplines and a few institutions are aided by this foundation. In the matter of the Zal Maneck Foundation this is purely a family land holding trust, controlling and managing various vast bits of a Real estate owned by my family personally. After the passing of all my elders, I now head this organisation.

    You’ve conducted research on artificial intelligence in law and authored several works. Can you tell us more about your research interests and how you see the role of AI evolving in the legal field?

    My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go.

    Finally, with your extensive experience and knowledge, what advice would you give to fresh law graduates who are just starting their careers in the legal profession?

    As my journey also, has been one of very hard dedicated work, any new entrant in this field, particularly first generation lawyers should know and understand that hard work and thorough knowledge of the particular subject, along with the historical background, and all  surrounding circumstances should be well ingrained in the mind of the lawyer, as he stands up to face the bench or when he drafts a contract.     

    Get in touch with Dr Sarosh Sam Bastawala-

  • “Self-trust is the primary requirement. Understanding the fundamentals of law, good communication, time management, teamwork, dedication, critical thinking, and adaptability are equally important” – Savithri Sravanthi, Founder & Managing Partner at IUSTUS LEGAL

    “Self-trust is the primary requirement. Understanding the fundamentals of law, good communication, time management, teamwork, dedication, critical thinking, and adaptability are equally important” – Savithri Sravanthi, Founder & Managing Partner at IUSTUS LEGAL

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

    Could you share with us the story behind your decision to pursue a career in law? Does anything change for a women post-marriage? Looking back, would you revisit your career path? 

    Becoming a lawyer was my childhood dream. Unlike an add-on degree, I wanted the legal profession to be my primary career. My father was an accountant while my mom initially was a homemaker and later turned into an entrepreneur. Fortunately, as a child there was no pressure from my parents to choose the career path of their preference or excelling in academics. My choice of electing a legal profession as a career option was welcomed and completely supported by my parents. Relentless support from parents meant a lot to me, which motivated me to achieve a Gold Medal in my bachelor’s degree. 

    Family support for any lady post marriage undoubtedly helps her to retain her identity whereby she can balance her career aspirations with familial responsibilities. I have been fortunate to receive encouragement from my husband and kids, that I was able to achieve a Gold Medal in my Master’s degree 17 years after I completed my bachelors. 

    Time files, it has been more than 2 decades. If I look back, I feel it is deeply fulfilling and gratifying. I wholeheartedly thank my mentors, seniors, peers and family who contributed to my professional growth and being part of my life’s journey. 

    As a legal advisor across various sectors, including IT & ITES, Manufacturing, Real Estate, Pharma and Techlaw, what common challenges do you encounter, and how do you address them while ensuring compliance and legal efficacy?

    Every client reposes trust on their advisors, either legal or financial. As a legal counsel I pre-empt and aid our clients navigate through complex situations and challenges and comply with the laws to avoid potential risks and liabilities and seamlessly concentrate on their business goals. 

    Every organisation requires to comply with a plethora of laws which makes it important for companies to place reliance on subject matter experts. As a legal counsel, we advise on various laws based on the needs of our client, which include data protection, labour & employment laws, consumer protection laws, intellectual property rights, corporate and commercial laws.

    Creating awareness and conducting training sessions to the appropriate functions helps us to interact with the teams to explain to them the need for compliance and adverse effects of non-compliance. These sessions instill a value system and is a collaborative work as we share real time experiences  and challenges. We advise on legal compliance after assessing each client’s pain points and prepare policy or guidelines to suit their requirement within the legal framework. Periodic supervision, audits and team reviews with clients aid to keep a watch on adherence with ever changing laws. Compliance is not a one-time event but an on-going task. By doing so, organizations ensure they meet legal requirements, uphold ethical standards, and manage risks effectively. This proactive approach not only reduces the likelihood of non-compliance but also enhances overall organizational resilience and reputation.

    As a practitioner in Anti-Sexual Harassment Law, how do you approach training and awareness sessions for employees and internal committee members to foster a culture of respect and inclusivity within organizations?

    Sexual harassment is a social issue. It has been nearly a decade, that our Government enacted the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) yet many establishments remain oblivious to its existence or compliance. Like Consumer awareness this also needs to reach the people. Like the impact created by the ‘Jago Grahak Jago’ awareness program run by the Government, we need a similar movement to sensitize and create awareness of this beneficial legislation.

    Regular meetings with IC members is highly recommended, awareness sessions for employees are important likewise orientation to IC members is also equally critical, as they redress the complaints. IC members  have to be trained to ensure judicious redressal, as most of IC members are seniors and experts in their field but may not be from legal background hence may need assistance to understand the nuances of law and manner of conducting redressal process in a time bound manner. 

    Usually, participants /audience are silent for the first 15-20 minutes, some voice their concerns during the session while some wait until we conclude. But there are many queries which can be resolved only by training and interactive sessions. These sessions are to be attended by all, it should not be a women’s day event. Government has enacted the law but its implementation is a collective responsibility. 

    Could you elaborate on your involvement in Estate & Succession Planning and share insights into the importance of such planning for individuals and families, especially in the context of evolving legal frameworks?

    Estate and succession planning are complex processes that require careful consideration of legal, financial, and personal factors. It is a collaborative effort of legal, tax and financial professionals to meet their goals and safeguard their properties. Will is the most sought out option for many as it is easy. Whereas for High Networth Individuals and Ultra High Networth Individuals s structuring, distribution and transfer of assets /wealth to beneficiaries or legal heirs upon death is a complex task. Identifying assets, including real estate, investments, savings, retirals, insurance policies, prized possessions, and personal belongings itself is the first step, which is followed by structuring and so on.  Trusts can be useful for minimizing taxes, legal attachments, and providing for minor children or individuals with special needs. Pre-empting pros and cons and advising clients is challenging yet fulfilling once we reach the desired outcome. We partner with reputed financial advisors and family office experts to give our clients holistic solutions.Although we have laws, healthcare/ advance medical directives, such as living wills, outline an individual’s preferences for medical treatment and appoint someone to make healthcare decisions on their behalf if they are unable to do so. This is a very sensitive topic similar to that of a Will. No child can ask his parent to execute a Will to safeguard our assets or have advance medical directive in place to avoid issues in case of incapacity of parent to make a decision.  

    Justice M S Sonak, who serves on the Goa Bench of the Bombay High Court, became the first person in Goa to register a “living will”, an advance medical directive for his family for when he cannot make his own decisions. Such trailblazers pave the way and pass on a message that nothing is permanent. It is rational to pass on responsibility of taking decisions in case of health in case of an emergency or wealth in case of eventuality. 

    What inspired you to embark on the journey of founding your own firm, IUSTUS LEGAL, and what specific vision or goals did you aim to achieve through this endeavour? Could you share some of the significant challenges you encountered when establishing IUSTUS LEGAL?

    Starting a law firm or independent practice is a logical and common path for any legal professional in practice. I believe a silver lining during pandemic for me was clients both domestic and international realised that corporate legal services can be rendered effectively and efficiently using technology. E-meetings became the go-to venue and virtual data room a repository of documents. Personally, I noticed there were avenues and opportunities which were opened and I wanted to explore the waters as the market dynamics were changing and legal compliance was gaining a foothold due to enormous foreign investments and funding which prompted legal due diligence and paved the way for diversified agreements and mandated compliance under corporate and labour laws.

    I truly believed that it was the right time for me to make my deep rooted vision of providing just and fair legal services to clients into a reality. Initially, I was apprehensive, as it could be risky moving out of my comfort zone and setting up a firm from scratch. It meant less to no work and less to no steady income. I took a leap of faith and established IUSTUS Legal. IUSTUS is a name derived from IUSTITIA, the Lady of Justice (Nyaya Devta) and also means righteousness, ‘dharma’, being just and fair which is based on the vision to create value to every client in every entrusted matter. It is fulfilling when a client entrusts a matter to you and feels content when the desired outcome and refers to new clients or more matters.

    It has been nearly 3 years since I ventured on this journey and we are expanding. I feel elated when I say it was an all women team (and young mothers) who continue to balance both professional and personal responsibilities effectively. We are expanding with young professional minds joining us.  I am grateful to the Almighty for being the guiding light, to our amazing clients, competent team and my wonderful family.  

    Entrepreneurship comes with its risks and challenges, but if you have conviction in yourself and faith in God, the journey is beautiful. 

    What challenges did you encounter as a woman along the way that shaped your journey to becoming a seasoned legal professional and Managing Partner at IUSTUS LEGAL?

    Conventionally, the representation of women in the legal profession is low. Despite significant advancements, women face challenges and many let go of this profession due to gender discrimination, demanding timelines, constant comparisons, unrealistic expectations, work-life balance, motherhood etc. Support from seniors and family is important for any woman to pursue their career aspirations. I was fortunate that there have been only a few such instances more gender based, but have heard so many experiences from my friends and colleagues to quit the profession and change their career paths. 

    In fact many women colleagues leave the profession due to familial responsibilities or unsupportive family, post marriage or childbirth. Out of 30 women students in my class of 2000 batch, hardly a handful women are continuing in this profession, which is disheartening.

    I truly believe and advise young mothers, who have no support but have legal acumen and skill sets, could take up tasks where they could work from home or work as freelancers. 

    Earlier, litigation or corporate law were the only options, now the legal profession has further branched out. One can be a legal correspondent, legal analyst, part time lecturer, corporate lawyer, labour law consultant, POSH advisor. Quitting is easy, navigating through odds is a challenge worth trying.  

    How do you balance your work-life as a legal professional? How do you manage your work day?

    Time is the most precious commodity which is non-renewable, but we need to value both time and money. Legal profession is highly demanding. Striking a balance is not an easy task as profession and personal life are equally important. Based on situations, I have prioritized both professional growth and personal life. 

    In response to your question, I prioritize work every day before I start my work, I read a matter and make hand noting this helps me recollect the matter easily, avoid procrastination, except in case of emergencies and keep a watch on the deadlines, in case work spills beyond expected timeline I ensure apprising clients helps in maintaining a healthy and long standing professional relationship. I believe enriching client relationships and being updated with domain areas is also spending time productively as a lawyer. delegation of work with a team helps in productivity, time management and ability to focus on priority and high risks matters.

    Most of all, I believe in spending time with family and taking short breaks/getaways as it rejuvenates me. This helps growth of professional and personal lives

    What advice or suggestions would you offer to the next generation of aspiring legal professionals who are entering the field, especially in light of the evolving legal landscape and emerging challenges?

    Self-trust is the primary requirement for any aspiring student as comparisons are bound to happen and that should not adversely impact on your growth. Embarking as a lawyer is an exciting yet challenging journey. Understanding the fundamentals of law and research are key skill sets but good communication, time management, team work, dedication, critical thinking and adaptability are also equally important. 

    Formal education gives aspiring lawyers an overview of law but practical learning under a senior /mentor and gaining insights from experienced professionals enhances the knowledge, legal reasoning and application of the education judiciously. Attending workshops, conferences, networking aids in an impactful way to foster continuous learning. A legal professional must be willing to be a lifelong student to sustain and grow. My motto ‘if you are not updated, you are outdated’. Stay updated to continue and shine in this noble profession and collaborate with colleagues. One may not know everything but everyone will know something.

    I am happy to have been part of this pious profession and strongly urge students to consider this as their career option, if it aligns with their skill sets, interests, and career aspirations. Lawyers can positively influence the Country’s law & policy, make key contributions in people’s lives and decisions through their expert legal guidance. 

    Get in touch with Savithri Sravanthi –