Can you share with us your journey from your college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas North? What inspired you to do Law after completing your B.Com?
My journey from my college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas : North has been one of continual growth, learning, and dedication. After completing my B.Com (Hons.), I was inspired to pursue law due to its inherent potential to impact society positively. As Mahatma Gandhi once said, “The true source of rights is duty. If we all discharge our duties, rights will not be far to seek.” I felt compelled to contribute to the legal framework of my country and serve justice.
As a senior partner, what leadership qualities do you believe are essential for guiding a successful legal team?
As a senior partner, I believe essential leadership qualities for guiding a successful legal team include integrity, clear communication, strategic thinking, empathy, and the ability to inspire and mentor others. To quote Abraham Lincoln, “I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.” Effective leadership fosters collaboration, ensures coherence in strategy, and motivates team members to perform at their best.
From your perspective, how can the current generation of aspiring lawyers adapt to the evolving landscape of legal practice and carve out successful careers for themselves?
The current generation of aspiring lawyers can adapt to the evolving landscape of legal practice by embracing technology, honing their communication and interpersonal skills, staying updated on legal developments, and fostering a spirit of innovation and adaptability. The life of the law has not been logic; it has been experience. Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.
With over 24 years of legal experience, what are some key lessons you’ve learned along the way that you would pass on to aspiring lawyers?
Over my 24 years of legal experience, I have learned several key lessons that I would impart to aspiring lawyers. Firstly, integrity and ethics should always guide your practice. Secondly, continuous learning and staying updated with legal developments are essential. Thirdly, effective communication and interpersonal skills are as crucial as legal expertise. Finally, perseverance and resilience in the face of challenges are indispensable qualities for success in the legal profession.
How do you balance the demands of litigation with providing strategic counsel to clients in property and revenue matters?
Balancing the demands of litigation with providing strategic counsel to clients in property and revenue matters requires meticulous planning, effective delegation, and clear communication. It’s about understanding the priorities of each case and allocating resources accordingly. To quote Benjamin Franklin, “By failing to prepare, you are preparing to fail.” Diligent preparation and a strategic approach enable me to effectively manage both aspects of my practice.
Could you share with us one of the most challenging cases you’ve encountered in your career and walk us through how you navigated through it to achieve success for your client?
One of the most challenging cases I have encountered involved a complex property due diligence running in crores with multiple stakeholders and intricate legal issues. Navigating through it required a comprehensive understanding of property laws, strategic negotiation skills, and perseverance. Through meticulous research, strategic planning, and effective advocacy, we were able to secure a favourable opinion/outcome for our client, ensuring justice prevailed despite the complexities involved. However, due to a confidentiality clause I am unable to divulge further details.
Could you share a moment in your career where you had to adapt to a new dimension or understanding of the law, and how it impacted your approach to future cases?
In a pivotal moment in my career, I faced a property law case where traditional principles clashed with modern urban development dynamics. This compelled me to delve into nuanced aspects of property laws, zoning regulations, and authorities provisions. Adapting to this multifaceted dimension of property law not only refined my legal expertise but also emphasized the significance of balancing individual property rights with broader societal concerns. This experience profoundly influenced my approach to future property law cases, fostering a more nuanced and holistic perspective that integrates legal principles with social and economic realities.
What role do you believe mentorship plays in the legal profession, and have you had any mentors who significantly influenced your career trajectory?
Mentorship plays a crucial role in the legal profession, providing guidance, support, and valuable insights to aspiring lawyers. I have been fortunate to have some mentors who significantly influenced my career trajectory by imparting wisdom, sharing experiences, and nurturing my professional growth. Mentorship fosters personal and professional development, shaping the future leaders of the legal profession.
Could you walk us through what a typical day looks like for you as a Senior Partner at Law Veritas North? How do you manage your time and prioritize tasks amidst your various responsibilities and commitments?
A typical day for me as a Senior Partner at Law Veritas : North involves a blend of client meetings, case reviews, strategic planning sessions, team management, and administrative tasks. Time management and prioritization are crucial, and I rely on effective delegation, leveraging technology for efficiency, and maintaining a structured schedule to balance my various responsibilities and commitments effectively.
How do you think the current generation of lawyers can leverage technology to enhance their legal practice?
Embracing legal technology is paramount in today’s legal landscape. Despite not being a technology expert myself, I recognize its pivotal role in enhancing legal practice. As per an anonymous quote, “Our achievements are the culmination of various influences and collaborations.” Similarly, integrating technology into legal practice enables lawyers to weave a more efficient and effective tapestry of legal services for clients. While I may not possess innate technological prowess, I acknowledge its importance and actively seek opportunities to leverage legal tech tools to streamline processes and deliver better outcomes for those I serve.
Could you take us through your journey from college to your first job and eventually to becoming a partner at Majmudar & Partners? What were the pivotal moments or experiences that shaped your career path, and how did you navigate the transitions along the way?
I come from a legal background. My father, Mr. Pravin Merchant, was a practicing Solicitor for over 35 years, and as a result, I was exposed to law early on. I took up different part-time assignments, internships, trainings, etc., even when I was studying in college. However, my first job (as a legal trainee) was at Kanga & Co., one of the oldest law firms. Thereafter, I spent few years in private practice with other prominent law firms, such as Vimadalal & Co., and Gagrat & Co., before moving as an in-house counsel. My transition to being an in-house counsel was under tenuous circumstances. My father passed away in 1995 (when I was in second year law) and the pay standards in most law firms in India in the 1990s was not that high, as compared to in-house profile. Hence, I decided to spend few years as an in-house counsel. Except in a few cases, not many in-house counsels go back into private practice. I went in-house at a relatively early stage in my career and after having spent seven (7) years in-house, I felt that my learning curve had hit a plateau. Though, I had done large private equity deals, negotiated large outsourcing contracts and even built an entire legal department, I needed more challenges, which I thought I could get only in a law firm setting. This was the genesis of my decision to move back into a law firm. As regards my choice of Majmudar & Partners, I knew about Majmudar’s stellar reputation and had even seen their work on a private equity deal that they did against the company where I was the general counsel. The high-quality work, top-tier clientele, and fantastic standing, both domestically and internationally, convinced me that this was the place for me. The transition from an in-house set-up into a law firm was challenging. The key challenge that I faced as an in-house counsel was that of changing my mindset and approach, to be able to think like a client. Additionally, in private practice, lawyers deal with various clients (individuals and companies), which makes it more interesting. To summarise, the main challenge was to switch gears in my overall thinking and perspective, and to give paramount consideration to the business objectives of the company. I believe, I made this transition quite well, and this helps me in my practice today.
Having experienced both roles as a partner in a law firm and as in-house counsel for companies like Tata Housing and Patni Computer Systems, what notable differences did you encounter in these positions, and what factors influenced your decision to transition between the two roles?
Good question. One should understand that the industry and sector plays a critical role for an in-house counsel as regards adapting to the legal function, whereas when it comes to operating in a law firm, one must adopt to the work ethics, culture, etc. Firstly, the in-house lawyer is required to understand the industry and sector in which he or she operates, especially, because vertical line of business brings different and interesting challenges, compulsions, limitations and risk appetite. Secondly, the management approach and focus vary for each business. Thirdly, government rules, regulations and policies vary according to industry, which is not relevant when one works in a law firm set-up. All of this makes it imperative for an in-house lawyer to remain focussed on the sector and ensure that nothing is missed in terms of legal strategy, advice, approach, risk mitigation, etc. I think the foregoing factors did influence my decision whilst working as practicing lawyer as also as an in-house counsel.
Having more than 25 years of experience, you’ve witnessed significant changes in the legal landscape. What key shifts or trends do you foresee in the field of dispute resolution, arbitration, and intellectual property in the coming years? A lot has changed over the years and much of it has been for better. Whilst, it will be impossible to identify all the major shifts or trends, the most important shifts that come to mind are that, judiciary has evolved and matured over the years, the use of technology has become more rampant, the present-day judges are commercially savvy, procedural laws have undergone various changes as also laws on arbitration have become more stringent and focussed after taking cues from cross border arbitration cases. In my view, IPR practice deserves a compliment because it is kind of evergreen in its own right and has gained momentum over the years, especially, with an extensive increase in the use of the internet, matters relating to infringement, counterfeiting, etc., has become more rampant, there is tremendous awareness re brand protection, logos, etc.
You’ve represented clients in enforcing an ICC arbitration award in India. Could you share insights into the challenges and strategies involved in the enforcement process, particularly in the Indian legal context?
This question deserves a comprehensive response, and we could end up writing a complete chapter on this issue. Broadly speaking, over the years enforcement of foreign awards in India has become smoother as the courts have become sensitive towards being pro-enforcement and acknowledging India as a signatory to the New York Convention on enforcement of foreign awards in India. Moreover, there have been various statutory amendments and judicial pronouncements which have helped in reducing the challenges of foreign awards by Indian parties. In my view, the biggest challenge that persists is that of asset tracing and seeking an interim injunction against disposal of the assets.
Your role involves advising on technology and telecommunication matters. With the rapid evolution of technology, how do you stay updated on the latest legal implications and challenges in this dynamic industry?
I have been fortunate to work in these sectors very early on. My first stint as in-house counsel was at GTL Ltd, which was in the business of installation of radio-frequency towers, laying down optic fibre cables, and providing other related telecom services. All of this compelled me to continuous learn, read and stay on top of the regulations, interact with governmental officials, and constantly review judicial precedents touching this sector. I had to adopt a similar approach in the areas of technology. The Information Technology Act was introduced sometime in 2000, which, since then has been the legal backbone in relation to technology law. There has been constant learning, checking new amendments regularly, focusing on the rationale of changes, and then advising clients on a given scenario.
In your recent transactions, you’ve been involved in diverse matters, from challenging telecom regulations to high-stakes arbitration involving global players. Could you highlight one or two recent transactions that you found particularly intriguing or challenging, and share the key strategies that led to a successful outcome for your clients?
In the recent past, we had represented one of the large telecom service providers, operating in the business of mobile portability. The TRAI (telecom regulator) brought in a certain regulation that impacted our client’s ability to do business in India. We assessed the relevant law, regulations and provisions and checked judicial precedents, as also researched on important provisions of the Indian Constitution, and filed a constitutional writ before the Delhi High Court considering that the regulation was impacting our client’s fundamental right to do business. After some deliberation and with excellent arguments made by eminent Sr. Counsels, we eventually succeeded in obtaining a favourable order quashing the controversial regulation. This allowed our clients enormous commercial relief and the time and efforts spent by the firm were highly appreciated.
Amidst your demanding legal career, how do you unwind and recharge? Could you share some of your hobbies or activities that bring you joy and relaxation outside the courtroom or office?
I agree that having a good work-life balance is critical to reduce stress levels and to enhance productivity. To manage stress levels, I spend my mornings in doing some physical training, reading interesting articles, etc. In the evenings, I prefer to simply relax with family and occasionally with friends. My hobbies include reading, going for evening walks, long drives, an occasional movie in the theatre, etc.
Given your extensive experience in the legal field, what advice would you offer to law students regarding the scope of the profession and the mindset they should cultivate while studying law?
Firstly, all law students should opt to pursue this profession, only if they are mentally and intellectually driven to pursue such profession, and not because of any other reason. Practicing law is a serious profession as it demands commitment, dedication, and devotion. If one compares the overall mindset of experienced lawyers versus young law students (including newly graduated lawyers), there will always be a general gap in terms of overall approach, thinking, priorities and perceptions. In my view, law students (or freshly qualified lawyers) are dynamic, aspirational, and savvy, but they lack patience and perseverance. I would like to urge the younger generation to focus on learning, and hard work, and to treat their professors as legal gurus. Law students should understand that there are no shortcuts to success; hence, they should not cut corners. Youngsters should be smart in choosing their internships with firms where they genuinely see interesting client work that can help them apply legal theory in practice.
As a seasoned lawyer, you’ve advised on foreign investment, general corporate matters, and joint ventures. What advice would you give to young lawyers aspiring to specialize in international law or corporate law?
A simple advice to all young lawyers is to take up all kinds of work in the earlier years of their career, namely, matters relating to commercial disputes, arbitrations, securities law, foreign exchange law, employment law, or on general commercial queries, doing due diligence, working on a commercial contract, etc. In other words, never say no to any legal work assigned by one’s senior. After spending around 2 or 3 years as a generalist lawyer, one can pursue the vertical area of practice that is appealing or interesting.
Congratulations on your remarkable 27+ years in the real estate industry! Looking back, your educational journey reflects a focused approach towards real estate from an early age. Can you share what inspired you to choose real estate, and did you always know this was the path you wanted to pursue?
Real estate as an industry has excited me since early childhood. There’s no exaggeration if I say that I decided to become a realtor while I was still studying in school. As I completed my high school education and stepped out to become a realtor, I consumed every little detail about the market (South Delhi) I wanted to specialize in. This happens to be the area I grew up in and to some extent knew inside out. In the days to come, I realized that demand for luxury homes around the area was skyrocketing and there was immense scope to expand my services across different locations so yes the approach was always focussed.
That’s when I decided to partner with locational experts and take my business https://southdelhiprime.com/ to an all-new level. In fact, I’ll say I always enjoyed and still enjoy influencing friends to join real estate
Starting a company is a significant undertaking. What were the most challenging aspects you faced during the startup of South Delhi Prime, and how did you overcome them? Any lessons you learned that you would share with aspiring entrepreneurs, especially from the current generation?
For the 27-odd years that I have been in the shoes of a realtor, not once have I felt intimidated to take the lead. I will credit all the stakeholders who made me feel at ease while crediting myself for putting in the backend work. However, if I have to list one challenge, I’d say it has to do with helping every team member find their purpose while making room for their personal growth and satisfaction.
To achieve this objective, I feel it is necessary to encourage dialogue, mostly 1:1 interactions wherein the leader can understand the teammate’s state of mind and suggest accordingly. Being in the business of selling super luxury homes, managing the art of frustrations and disappointments, having supreme self-belief, and trusting in the process is of paramount importance, thus when every team member is on the same page, I believe can organizations walk collectively in the direction of fastened progress to become a dominant leader in the business. I’d like upcoming startup founders to take note of this.
Given your involvement in luxury real estate, what unique challenges and opportunities do you find in dealing with high-value transactions, and how does your educational foundation in Law aid you in addressing these challenges effectively?
Since we run a 100% referral business there are no major challenges as such because the person approaching us already has the required faith and belief that we’d be able to help them find their dream luxury property. However, there is one realization I have developed in the process, which I believe can act as a great opportunity of success too, which is to be a continuous learner. Also I feel delegation and moving away from micromanagement has helped us in being fully available to our clients – right support at the right time ideology.
In terms of my educational foundation in law, this degree surely complements my role as a realtor by enabling precise contract drafting, ensuring terms are clear and favorable. It aids in compliance with regulations, safeguarding clients from potential pitfalls. Familiarity with property laws and zoning regulations enhances the ability to identify viable investment opportunities and mitigate risks, which can eventually be optimized in the interest of our clients. Furthermore, during deliberations regarding the property’s title chain with either the Seller, the Buyer, or their legal representatives, I am equipped to offer guidance and advice concerning the accuracy of the title, while also facilitating the provision of necessary legal remedies.
You’ve mentioned that South Delhi Prime is the digital arm of ‘SanD Advisory Pvt Ltd.’ How has technology, especially legal tech, played a role in shaping and enhancing your real estate advisory and transaction processes?
I’d like to believe legal tech has revolutionized the real estate landscape by streamlining processes and enhancing efficiency. For instance, automated contract management has helped improve the accuracy and speed of closing transactions and reduced overall administrative burdens. In fact, online platforms always come in handy to provide quick access to property laws, zoning regulations, and market trends, a must-have for realtors and clients alike. Blockchain technology and E-signature tools are other interesting legal tech alternatives, I believe can change the face of the real estate market. I’d conclude by saying that in today’s digital age, what is real estate without legal tech?
As a principal consultant and entrepreneur with a focus on start-ups in the real estate domain, how do you believe your educational background in law has equipped you to make strategic decisions, and what qualities do you consider essential for individuals venturing into entrepreneurship in this industry, especially when navigating the initial legal challenges?
I’d say my educational background in law has helped in shaping my strategic mindset, which I believe is vital for navigating the complex legalities in the real estate landscape. The ability to interpret intricate regulations and negotiate contracts is paramount, something my law background helps me with tremendously. Moving ahead, the essential qualities I believe real estate entrepreneurs need to possess are adaptability to the ever-evolving legal frameworks, a keen analytical eye, and effective communication. Moreover, to be able to navigate initial legal challenges, resilience, proactive compliance measures, and a commitment to ethical practices become mandatory.
With the rise of legal tech solutions, how do you see technology continuing to influence the legal and real estate sectors? Are there particular innovations that have significantly benefited your practice or streamlined operations?
From what I have noticed the surge in legal tech has helped shape the legal and real estate landscape by ensuring efficiency and precision. Innovations like AI-powered contract analysis fasten transactions, while blockchain ensures secure and transparent property deals. Virtual reality enhances property showcasing from the comfort of our homes. For our business per se, digital platforms for market analysis and e-signature tools have been of significance to streamline our luxury real estate business, saving time and enhancing client experiences, which happens to be the ultimate goal of our business.
Considering your proficiency in law, are there specific legal trends or changes in regulations that you believe will significantly impact the real estate landscape in the near future?
As a luxury realtor, who has been around for almost 3 decades now, having explored the traditional way of working to now getting a taste of the best of the digital world offerings, I anticipate several legal trends taking the real estate space by a storm. I’d like to believe increasing emphasis on sustainable and green practices may end up influencing property development regulations. Similarly, data privacy laws shall become vital in handling client information securely, a non-negotiable in today’s times. Zoning regulations could eventually accommodate flexible workspaces. Additionally, emerging technologies, like blockchain, can revolutionize property transactions. These are just some of the many trends I can immediately think of.
With your extensive background in sales and marketing, how do you ensure that legal considerations are seamlessly integrated into the overall strategy of acquiring and selling real estate assets for your clients?
I would say exercising rigorous due diligence precedes each transaction at South Delhi Prime and now Goa Prime, which helps with mitigating risks and placing client interests on the pedestal. Similarly, practicing transparent communication on legal nuances proves equally integral in client interactions, eventually instilling trust. We also make it a point to tweak our sales and marketing strategies in line with the legal frameworks, thus optimizing property positioning. With this approach, we have been able to maximize asset value, safeguard client interests, and set a standard of excellence in the luxury real estate domain.
What made you choose the South Delhi Market? Do legal dimensions change in real estate based on the region and if yes to what extent?
Like I said earlier, having grown up in South Delhi and having known the region inside out was one of the pivotal reasons behind me fixing my mind on the South Delhi luxury real estate market. South Delhi is home and with South Delhi Prime we wanted to make our clients feel at home.
To answer the second part of the question, yes, legal dimensions in real estate do vary significantly based on regions. In fact local laws dictate property rights, zoning regulations, and transaction procedures. From land use policies to contract requirements, regional nuances play a crucial role, making it crucial for realtors to develop a deeper understanding of specific legal frameworks and eventually navigate related complexities.
Balancing the demands of a thriving real estate business with your personal life can be challenging. Tell us more about what your day looks like.
Work days are extremely busy for me. Being a realtor, most of my business associations ride on relationships. To build these relationships, it is necessary for me to step out in the field, go meet people, pass on information, note down their requirements, and ultimately help them with their dream property. One word to describe my routine is Hustle-Continuous Hustle day in and day out.
On starting my day, I tend to finish any e-meets that may be scheduled. Then I drive either to work or the client’s/prospect’s home/office. Breakfast usually happens between meetings. At work, I get done with all that is a priority before again moving to the field to keep in touch with the happenings. Usually, my days are very busy but I have no complaints.
I always dreamt of becoming a successful realtor and today living my dream is what gives me a different kind of high. All the team members share their schedule for the day and I try to join them wherever I am needed and wherever I can. For more than 27 years I have been following one motto – I have to do the most productive thing possible in any given moment. Had read it somewhere and it has stayed with me since🙂
In your experience, how crucial is legal expertise in the real estate industry, and what advice would you give to aspiring entrepreneurs about navigating legal complexities in this field?
I’ll say legal expertise is paramount in real estate as it heavily influences transactions, contracts, and compliance. For aspiring entrepreneurs, I’d suggest understanding local laws, contracts, and staying abreast with the evolving regulations is crucial. Similarly, whenever possible investing in legal education, consulting with experts, and prioritizing compliance to mitigate risks is equally critical to long-term survival and success. A solid legal foundation ensures ethical practices, builds trust, and is instrumental in establishing a successful and sustainable real estate venture, which is why I’d encourage entrepreneurs to not shy away from acquainting themselves with legal knowledge and avoid fearing related complexities.
Ultimately, when acquiring a real estate asset, you are purchasing not only the physical structure or land but also the associated title papers. The integrity of the title papers is paramount, as the real estate asset represents a legacy asset, necessitating legal precision and correctness at 100% each time and every time.
Khushboo, it’s a pleasure to have you here, how would you introduce yourself and your multi-faceted journey to our readers?
Thank you. I’m so glad to be here.
To begin with, I’m a full-time lawyer and a part-time homemaker. I say this because no matter how busy I get, I can’t help but manage certain chores on my own, despite having support staff. I think it’s an innate trait in most women. Most importantly, I’m a mother and I can’t put this category in either of the boxes mentioned above. So simply put, I am a mother to an adorable three-year old. I also try to espouse some social causes for my hometown, whenever I can and plan to invest more time in it, in years to come.
I’m a first-gen lawyer and have my own chamber also known as “Law Chambers of KKM”. We majorly practise in the High Court of Jharkhand. Albeit I have practised in district courts and various tribunals in the past and still try to appear in district courts, whenever possible. I studied law from Gujarat National Law University, Gandhinagar in the 2008-13 batch.
Well, my professional journey commenced in Mumbai in 2013 as a maritime lawyer with Maersk Line, one of the world’s largest shipping companies. Starting as an Associate, I swiftly progressed to a managerial role within seven months due to my team leader’s sabbatical, presenting a timely and favourable opportunity. During my tenure, I handled nationwide legal matters, affording me the chance to collaborate with and brief some of the legal stalwarts of our country.
Although I found fulfillment in my work, I decided to return to my hometown, Ranchi, in 2015 for personal reasons. Back in Ranchi, I associated with the office of the then Advocate General of Jharkhand. This experience allowed me to contribute to legal opinions for the Government of Jharkhand and gain extensive knowledge of the newly amended mining laws, particularly in response to legal precedents such as those in the Goa Foundation and Common Cause cases.
Since the year 2017, I have been working independently with a team of young lawyers, handling land disputes, recoveries, government contracts and other commercial disputes, some family and partition suits as well, through litigation and dispute resolution. I’m also empanelled counsel for National Highways Authority of India, Central Coalfields Limited, Jharkhand State Human Rights Commission, Flipkart and have regular clientele of MSMEs and private individuals.
From maritime law in Mumbai to championing environmental causes in Jharkhand, your legal voyage is truly diverse. If you had to relate your legal career to a type of ship, what would it be, and why does it capture your professional journey?
That’s a thought-provoking question. Upon reflection, I would choose the Triple-E, an E-class container ship built on three core principles: economies of scale, energy efficiency, and environmental improvement.
In the context of my legal career, economies of scale for the vessel translate to maximizing container capacity in a single voyage. Similarly, in my legal practice, it involves a dedicated effort to maximize work for my chamber. The second principle, energy efficiency, correlates with fuel efficiency for the ship. In the legal realm, it parallels the need to efficiently utilize time and energy, maintaining a work-life balance. For litigation-focused lawyers like myself, time is akin to a finite resource, and the demanding schedule often extends beyond conventional working hours.
Spending around 7 hours in court and additional hours in chambers for case preparation, conferences, and drafting, seasoned advocates invest at least 10-12 hours daily. This demanding schedule can be particularly challenging for mothers in the legal profession, impacting their ability to spend quality time with their children and family.
The third principle of Triple-E, “environmental impact,” aligns with the commitment to environmental protection. Like Triple-E manifests for eco-friendly voyages, consistent environmental advocacy by raising pertinent issues is one of the core principles of my chambers.
In essence, I aim to embody these three principles in my legal career: maximizing efficiency, balancing workload, and contributing to environmental protection.
Your PILs for restoring water bodies are impactful. Could you take us through the journey of this PIL, and how it feels to make a positive impact on environmental issues through legal avenues?
When I relocated to my hometown in 2015, I noticed the deteriorating condition of the water body commonly known as “Ranchi Lake” or “Bada Talab,” situated near my house. Concerned that it might soon dry up or be reduced to a sewage dump, similar to a couple of other water bodies in Ranchi, I began reaching out to authorities such as the Ranchi Municipal Corporation (RMC) and the Urban Development Minister. Despite my efforts, these authorities did not take concrete actions. The RMC instead initiated a beautification project costing several crores, but the project lacked any mention of cleaning of the water. Ranchi Lake, constructed by a British Colonel in 1842, holds historical significance as it is situated in the heart of Ranchi city. Having grown up near this lake and cycled around its periphery as a child, its deteriorating condition had a profound impact on me.
After numerous appeals to the authorities yielded empty promises, I decided to take the matter to court in 2020. The lake had become overrun with water hyacinths, resembling a green expanse from a distance. Filing a Public Interest Litigation (PIL) as a party-in-person, I brought the situation to the court’s attention. The PIL also encompassed issues related to other water bodies in Ranchi, and the court began hearing them collectively on a regular basis.
The Hon’ble Court directed the authorities to provide a detailed plan for reviving the lakes. Additionally, an immediate clearance of all the water hyacinths from the lake. An order was obtained for the installation of a Sewerage Treatment Plant (STP) for Ranchi Lake, as the drain water from nearby areas had been flowing into the lake untreated for years. Owing to the order of the court, RMC was quick enough to get into action and get clearance of all the water hyacinths within a couple of months. Now we are able to see clear lake water again.
An interesting fact which I may like to share, which also reflects upon the mindset of people and risks that an advocate may have to be prepared for, while pursuing public interest litigation. During the hearings, encroachment issues also arose, leading individuals from various communities, who had made some constructions on the lakes’ boundaries, to speak against me. In fact, other pending encroachment matters also got attached to my name. Anonymous threats followed, especially after the Municipal Corporation published my name in notices for encroachment removal. Bringing this matter to the court’s attention, the Chief Justice of Jharkhand at the time was kind enough to provide me with security.
After 2.5 years of active monitoring, the case was finally disposed of earlier this year with directions to the authorities to complete the installation of the STP in Ranchi Lake and take continuous measures to clean and preserve the water bodies and lakes in the city. The STP work is 80% complete but not yet operational. If the RMC fails to make the STP operational by the end of this year, I am planning to file a contempt petition as they have taken enough time already.
As for my feelings on this issue, it is empowering to be able to contribute to the environment, the people, and future generations. Seeing results on paper is one thing, but witnessing the impact on the ground is another. The fight is not over, and I will continue addressing such issues, one water body at a time. Jharkhand is endowed with numerous forests, waterfalls, lakes, and ponds, and it is our duty to preserve and protect these gifts of nature.
Managing your Master of Laws alongside your responsibilities as a new mother during the COVID period is commendable. How did you balance these roles, and do you have any advice for other mothers pursuing higher education or career growth during challenging times?
It all transpired swiftly, yet it felt like the longest period of my life. The timeframe from 2020 to 2022, which I refer to as the “pandemic year,” proved to be one of the most challenging for me, akin to many others. Virtual hearings turned out to be a blessing in disguise, allowing me to continue working without a prolonged break, even during maternity. I had several cases of Covid in my family and like many others, even I was isolated. Owing to the fact that I was pregnant at the same time, the isolation took a toll on me. I also faced certain postnatal issues which were challenging to deal with at first, but now my health is much better.
Being a new mom and handling work and studies together, some inexplicable force guided me to handle these responsibilities simultaneously, and in hindsight, staying occupied consistently helped me cope with depression. One piece of advice I would offer to all mothers facing challenging times is to persevere and stick to your “plan de vida”. Don’t give up and trust yourself.
You’ve been conferred the “Women and Child Rights Protection Samman” and the “Bravo Award” for your contributions. How do you feel about being recognized for your work, and what motivates you to excel in your legal career?
Being recognized definitely lifts your morale and helps you raise the bar further, for your own self. It makes you feel your own worth, especially for people who are always self-doubting. I have now come far from there and have learnt the hard way that self-doubt is like a cancer for your soul. Positive mindset and self-love are very important factors for your career growth.
The most cogent reason that motivates me towards this pursuit is my family. They usher me to carry on, especially at times when I feel a burnout in my litigating career.
As a legal member of the Complaint Committee for Sexual Harassment of Women at Workplace at State Bank of India, Ranchi, you play a crucial role in fostering a safe work environment. How do you approach and contribute to creating awareness and preventive measures in such matters?
During our meetings, I have always harped upon understanding the basics of gender sensitisation, stereotypes and gender roles and also a need to also give due importance to the harassment faced by male employees and not just women. It is pertinent to handle the cases with utmost neutrality and not be susceptible to confirmation bias. Also, many times I have seen some employees show reluctance in actively participating in such workshops. It becomes equally important to garner their interest and make them feel comfortable.
In addition to being an advocate, you are an avid traveler with a penchant for winter destinations. How do you manage to blend your love for travel with the demands of a legal career, and do you have a favorite travel memory you’d like to share?
Travel works like therapy for me. Every time I have my court holidays, I plan a trip, mostly with my husband. We are blessed to have each other as perfect travel companions. I also do some solo trips from time to time and just came back from one.
A favourite memory for me would be chasing the Northern Lights for the first time in the year 2019. In Fact it was one of those years when the solar activity was not really at its peak, unlike the current year. We were not very hopeful and had a short stay in Tromsø. For 2 nights, we had no sighting at all. Zilch. It was our last night in Tromsø and my husband and I were just spending time on a catamaran tour with no real hopes of seeing the auroras. However, we got lucky and how. The auroras came dancing from all directions and graced us. In fact, this year again, we saw her properly only on our last night in Finland, despite having spent about a week, chasing lights. On our next trip, I’d definitely take my son along, to have him experience this beautiful celestial phenomenon.
For the aspiring legal minds, especially the young advocates, what’s one piece of unconventional advice you’d offer that they might not find in a law school textbook?
If you plan to be an advocate, don’t just stick to the Supreme Court or a High Court or a couple of tribunals only in your initial few years; even if you are not a first-gen lawyer and have several briefs to handle in your well-established chamber. Appear in whatever forums you get opportunity at. Be it a Rent Controller, Revenue Board, Railway Court or even if required to go to Thana with your client for recording of statement. One should understand the functioning of the system. Such a myriad of experiences before different authorities will definitely give you an edge and take you a long way.
Thank you. It was a pleasure interacting with Team Superlawyer. You guys are doing a great job.
Your legal journey spans more than two decades, touching various sectors and contributing significantly to the legal landscape. Please describe your journey including milestones and experiences that have shaped your extensive journey in the legal field.
Throughout my extensive legal career spanning more than two decades, I have experienced numerous significant milestones that have shaped my journey. One such pivotal moment was when I co-founded Law Veritas and had the privilege of serving as one of the founding partners. Prior to this venture, I had gained diverse experiences as an independent practicing Advocate & Inhouse Legal Counsel in various sectors, including the dynamic power industry and esteemed banking and non-banking financial institutions.
However, the trajectory of my journey took an intriguing turn with the evolution of Law Veritas. This evolution led to the establishment of a fresh legal entity known as Law Veritas: ‘North’. This strategic transition not only marked a transformative phase but also highlighted the importance of change and the strategic cultivation of a new frontier for the future. This new entity opened up exciting possibilities and opportunities, allowing us to explore uncharted territory and expand our reach in the legal industry. It was a significant milestone in my journey, representing growth, innovation, and a commitment to excellence in legal services.
Furthermore, amidst these exciting developments, I assumed the esteemed position of National Legal Head at a prominent Non-Banking Finance Company, which stands as another monumental milestone in my career. It provided me with a platform to navigate and significantly contribute to the intricate legal landscape within the financial sector, fostering continuous growth and the refinement of my expertise in the legal domain.
Each of these milestones, from the role of National Legal Head to co-founding Law Veritas to the emergence of separate entity Law Veritas: ‘North’ has been instrumental in shaping my journey and contributing significantly to the evolving narrative within the legal arena.
Beyond the legal realm, you’re pursuing a Ph.D. in Law. How do you balance the demands of academic research with your role as a Managing Partner, and what motivated you to pursue further studies at this stage in your career?
As I navigate the demands of pursuing a Ph.D. in Law alongside my responsibilities as a Managing Partner, I am reminded of a poignant quote by Dr. APJ Abdul Kalam: “Education is the most powerful weapon which you can use to change the world.” This encapsulates the essence of my motivation—an unwavering belief in the transformative power of education and the pursuit of knowledge.
Balancing these commitments requires meticulous time management and a genuine passion for both academia and the practical aspects of law. The drive behind furthering my studies at this stage of my career is fuelled by an insatiable thirst for knowledge and an enduring commitment to continuous growth.
The pursuit of a Ph.D. in Law is not solely about personal advancement; it’s a dedication to delving deeper into legal academia, contributing through rigorous research, and expanding the understanding within the legal domain. Managing these responsibilities demands dedicated planning and unwavering dedication, yet the symbiotic relationship between academic research and practical legal expertise is immeasurable.
I firmly believe that continuous learning not only fuels personal growth but also augments the quality of guidance and leadership I can provide within the legal sphere. Integrating academic insights into real-world scenarios enriches my role as a Managing Partner, fostering a deeper understanding that ultimately benefits the broader legal landscape.
Your journey has taken you through various esteemed organizations, and now as the Managing Partner at Law Veritas: ‘North’. Can you share a career highlight or a particularly memorable experience that has shaped your approach to legal practice and leadership?
Assuming the role of Managing Partner at Law Veritas: ‘North’ was a pivotal moment that completely transformed my perspective on legal practice and leadership. It wasn’t just a milestone in my career; it was an opportunity to merge my legal expertise with the responsibilities of leadership. At the heart of this role was a deep commitment to nurturing talent, particularly among diverse youth, by providing them with employment opportunities and comprehensive training.
The words of Swami Vivekananda, “Arise, awake, and stop not until the goal is reached,” resonated deeply and highlighted the dedication to empowering individuals to become skilled legal professionals.
Recognizing the importance of investing in young minds, there was a concentrated effort to impart essential skills and knowledge necessary for shaping the future generation of legal practitioners. This experience further emphasised that effective leadership goes beyond legal proficiency; it involves creating an inclusive environment that encourages learning, diversity, and personal growth, enabling individuals to realize their full potential within the legal field.
Law Veritas received recognition as one of the 25 outstanding law firms by The CEO Magazine. What does this acknowledgment mean to you personally, and how does it reflect the separate entity Law Veritas: North’s commitment to delivering exceptional legal services under your leadership?
Being acknowledged among the top 25 law firms by The CEO Magazine isn’t merely a cause for celebration; it reflects the dedication and commitment of our team. This recognition signifies our collective efforts and the values we uphold in delivering exceptional legal services.
This acknowledgment personally inspires us to strive continuously for excellence in legal services, reaffirming our core values of integrity, diligence, and client-centricity.
It’s not the end goal but a springboard for Law Veritas: ‘North’. As Steve Jobs put it, “Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work.” This recognition fuels our ambition for more achievements, setting higher standards, and redefining the legal service landscape. This recognition symbolizes our potential and underscores our unwavering commitment to delivering exceptional legal solutions.
Your legal career spans more than two decades, covering roles from independent advocate to in-house counsel, and now as a Managing Partner. How have you seen the legal landscape evolve, and what trends do you anticipate shaping the industry in the coming years?
As a keen observer of this dynamic and constantly changing landscape, I perceive a crucial need for legal professionals to adapt and embrace technological advancements, all while upholding the fundamental principles of integrity and ethics that define the legal profession. The ability to leverage the full potential of technology, while ensuring the preservation of justice and fairness, will play a pivotal role in successfully navigating the future of the legal industry.
Having said so, while automation and digitization can certainly improve efficiency, they cannot replace the critical thinking and analytical skills that lawyers bring to the table. The role of a lawyer goes beyond just providing legal advice; it involves understanding the nuances of the law, interpreting complex regulations, and advocating for clients.
Outside the legal world, do you have any hobbies or activities that provide a refreshing break and help you maintain a healthy work-life balance?
Balancing a hectic legal career, I find solace and rejuvenation through various pursuits. Spending quality time with family forms the cornerstone of my life outside work, providing a sense of grounding and joy.
Additionally, music is a constant companion, offering relaxation and a way to unwind. While I might not be an avid reader, diving into a book occasionally is a welcomed respite. My interest in current affairs, especially geopolitics, keeps me engaged and intellectually stimulated.
Moreover, my devotion to God plays a profound role, providing spiritual nourishment and a sense of purpose beyond the professional realm. These activities collectively contribute to my work-life balance, ensuring I am refreshed and motivated to tackle the demands of the corporate legal world.
We know about your legal bookmarks, but what’s a non-legal book or genre that you turn to for inspiration or relaxation?
While I’m not an avid reader, I do find occasional respite in non-legal books. Here are four books in that genre that I’ve found insightful:
1. “Sapiens: A Brief History of Humankind” by Mr. Yuval Noah Harari
2. “The Bankster” by Mr. Ravi Subramanian
3. “The Intelligent Investor” by Mr. Benjamin Graham
4. “Rich Dad Poor Dad” by Mr. Robert T. Kiyosaki
Each book offers a distinctive perspective, from the broad canvas of human history to the intricate world of finance and personal wealth management, making them insightful and engaging reads beyond the legal sphere.
If you could share one piece of unconventional legal advice that you wish someone had shared with you at the beginning of your career, what would it be, and what advice would you give to our coming generation or those who have just started their career?
Reflecting on my journey, if there’s one cliché piece of advice I’d have cherished early on, it’s this: “Embrace setbacks as a staircase to success. Failures often pave the way for victories in the legal arena.”
For those starting out in the corporate legal field, it is crucial to go beyond the conventional routes. Explore the world of technology, enhance your communication skills, and truly understand the essence of the legal profession. Networking plays a vital role – cultivate meaningful connections as it is the timeless recipe for progress.
Maintain a curious mindset, like an explorer venturing into uncharted territories. Remember, the corporate legal landscape is constantly evolving, so it is important to be adaptable and inquisitive. This mindset will open doors to unexpected opportunities and foster growth in this dynamic profession.
How would you like to introduce yourself to our readers and young freshers.
I am an Advocate-on-Record (AOR) at the Supreme Court of India. I started practising in 2014 with Wadhwa Law Chambers, Delhi before setting up my own full service law chamber (with two other partners) in 2022.
Our key practice areas include arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation with a focus on litigation before Hon’ble Delhi High Court, NCLT/NCLAT and the Hon’ble Supreme Court.
During the course of last 10 years, I have had the opportunity to represent various Indian and multinational companies/government departments before various courts and tribunals in Delhi NCR, Punjab and Haryana High Court, Allahabad High Court, Bombay High Court and other courts in Lucknow, Jabalpur and Himachal Pradesh.
You have a strong academic background, having completed your B.A. LL.B (Hons.) from Dr. RML National Law University. How has your academic journey influenced your approach to legal practice and problem-solving?
I was fortunate to have spent my five years at law school with some of the brightest minds from across the country – who are now some of my closest friends. All of us continue to learn from each other during the course of our respective professional journeys as practising lawyers, at law firms, in house counsels – as we did during our time at law school. Apart from the usual academic rigour, RMLNLU gave me an excellent set of peers.
While law practice can keep you occupied 7 days a week, I try to keep in touch with the academia by teaching seminar courses/taking guest lectures. Infact, preparations for my lectures at NLU Delhi and NUJS Kolkata have often helped me discover new lines of arguments and case laws – which eventually help you while making submissions in court/drafting your pleadings.
Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?
My initial years in law practice gave me a lot of exposure to original side litigation at the Delhi High Court, NCLT/NCLAT and District Courts. Original side practice teaches you imperative litigation skills which involves asking the right questions from the client and procuring documents, drafting the pleadings only after one looks up the correct position of law, and most importantly, being precise and not verbose with the pleadings.
It is imperative that a lawyer keeps the above in mind while drafting plaints in Suits, statement of claims in arbitrations and insolvency actions, since the client may not be able to rectify these errors at the Appellate stage.
Having a strong original side practice background always gives you an edge with AOR practice at the Hon’ble Supreme Court. This skill set has certainly helped me with my AOR practice where I take up matters relating to arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation
With your involvement in MSME-related litigation and practice, how do you approach defending recovery actions initiated by MSMEs? What unique challenges and legal considerations come into play in such cases?
With the Government allowing for a completely self-declaration based registration under the MSME Act, a huge number of money recovery actions are now initiated under the MSME Act. If the dispute is contested and not settled before the Facilitation Council, it converts into a regular arbitration. The obvious benefits are better rates of interest given to MSMEs under the MSME Act when compared to regular arbitrations/civil actions for unpaid dues.
However, the self-declaration regime does not require any physical inspection of the proposed MSME unit prior to its registration under the Act. This is resulting in many vendors registering themselves as MSMEs overnight (who may or may not meet the required thresholds of turnover and investments under law for registration as an MSME) and filing their claims under the MSME Act. In my humble opinion, the entire self-declaration regime of registration needs a complete overhaul at least as far as recovery actions under the MSME Act are concerned.
There are however some remedies in the current legal framework to address the aforesaid issue, though not very effective and practical. Some other remedies under the MSME Act include criminal prosecution against the buyer which are not explored routinely but can be very effective, especially in high stake MSME litigation.
In addition to your legal practice, you have a background in writing and travelling. How has your interest in writing come up and what are some of your favourite places you have travelled to.
I used to write ‘letters to the editor’ to various newspapers while I was in school, which my father had suggested. I still have a whole collection of those cut outs kept with me! It is indeed a great way to develop comprehension and improve writing early on – especially for litigating lawyers where you are required to churn out drafts on an everyday basis. I would also write some pieces here and there in college, but the litigation rigour does not allow much time for that anymore.
The RIFF music festival at Jodhpur with its unique dawn/dusk classical concerts, the backwaters at Kerala, the unexplored Turkish coastline and old town Prague have been some of my favourite places to visit.
With a significant portion of your career spent in representing various entities, what advice would you give to aspiring lawyers, What are some key lessons or insights you have learned along your journey that you would like to share with them?
One should explore as many practice areas in the initial few years of practice and focus on reading as many precedents/case laws.Apart from the basics, being a nice and an easy person to work with is a very under-rated skill!
Can you tell us about your journey into the field of law? What inspired you to pursue a career in law, and how did you get started in the legal profession
Being a first generation lawyer, I persuaded my family that I want to be a lawyer and make a good career in law. To be very frank, I must say the journey in this legal profession has been a roller coaster ride for me. Let’s dive back in time to know more about why and how I chose the legal profession as a career. In the year 2007, I did my schooling from Cambridge School Noida. I was least interested in accounts so it was easy for me to make up my mind about not pursuing CA/CS Course for sure. After that decision, I decided to pursue a BBA Course and appeared in the entrance examination for 3 continental BBA courses from Amity University Noida. Although I was selected, I was not satisfied at all whether to pursue it or not. Later I came to know, accountancy is also included in the BBA Course, and I couldn’t deal with the accounts subject so decided to move ahead and quit this course. Just like 3C BBA, at that point of time, the 5 years integrated BA.LL.B(Hons) course was gradually evolving. I pursued law with Amity law school, Noida and graduated in 2012. Furthermore, I did my masters from O.P. Jindal Global University, specialisation in Corporate Law in the year 2014.
INSPIRED BY WHOM –
Succinctly to say that, inspirations are so many luminaries of our legal profession, but one person who inspired me was the late Sh. Ram Jethmalani Sir. In the first year of law, I came to know about the Jessica Lall murder case wherein in 2006, the trial court had acquitted Manu sharma in that case. The first time I heard about Ram Jethmalani sir was in the aforementioned case who was defence counsel of Manu Sharma. I did a little bit of research later on. He was noted for his legal acumen and expertise.
Also for the parents, Selecting/Choosing a career option on behalf of their child is one of the major decisions that they undertake in the initial stage of commencement of their child career.
REASON WHY I CHOSE CRIMINAL LITIGATION OVER CORPORATE/IN HOUSE LAW PRACTISE –
By the time I jumped to fourth year in law, I had interned in a few corporate law firms including IP firms such as Sai Krishna and Associates. Prior to that, I already had interned for a month under tutelage of Senior advocate Rakesh Dwivedi Sir and K.K. Manan, Sr. Advocate, chairman of Bar council of Delhi . By this time, I had partially decided that I would go for litigation. It was the year 2012 where I interned for 3 months under tutelage of Advocates Subhash Gulati Sir and Sima Gulati Ma’am (Gulati and Associates), who were and still are my first mentors in this legal profession. These 3 months were fruitful for me as an intern which aided me in taking the right decision of which area of law to practise in coming years.
They have been doyens of the legal profession and have nurtured so many successful lawyers. I feel honoured to have been a part of that law firm (G&A).
You have an impressive and diverse background, working in various areas of law, including criminal trials, original side practice, and corporate matters. Can you share some of the key experiences or cases that have had a significant impact on your career and expertise
In mid-year 2012, I initiated my career in the field of criminal law for 2 years straight and got associated with the law firm of Gulati and Associates. I had a short yet effective stint as a junior advocate for Subhash and Sima Gulati . Having worked under Subhash Gulati and Sima Gulati (Sir and Ma’am) all this while, proved to be beneficial for me as very closely, I learned the tricks, tactics and specially the art of cross examining the witnesses in criminal trials. In fact, for a few months, I started assisting seniors in criminal matters listed in district courts. To name the few it includes dowry related case, dowry death case, murder case and 2G Scam case. For beginners in this legal profession, reading, researching the case laws, interpretation of the laws/provisions and putting all of it in drafting are few of climbing the ladder of district court practice. Next comes the oral advocacy , i.e. to say mastering the submissions/oral arguments before the court, that I learned at much later stage.
So, initially I started appearing in all district courts in Delhi and sought Passovers in complaint matters, heinous crimes /non heinous crimes (both pre trial and post trial stages matters) as well. A person is bound to make a mistake in his /her commencement of his trial litigation and that’s exactly what I did. The one thing I learned from the seniors , at the very beginning in starting 6 months, appearing before MMs (Metropolitan Magistrates) or ADJs/DJs (Additional/Assistant District Judges/District Judges) is that never ever lose your patience during arguments, the ability to handle the situations, be crisp on law and facts and one should know when to counter/rebut the arguments on the questions asked put forth either by the opposite party counsel/Hon’ble Judges.
I can tell you the first trial case I was involved in was of dowry one. In that case, we were representing husband. Senior told me to prepare the tabular chart by highlighting the general allegations and specific leveled against the husband and other family members and accordingly find out the relevant judgments on the issue . I attempted in searching the judgments day and night, on the proposition related to dowry law ,i.e. 498a, but couldn’t find it in our favour. Patience is the key. Then next day, I restarted researching on ratio ,found out the judgments and Just before At the stage of final arguments, cited the relevant judgments before the court, that lead to an acquittal. That was the pride moment for me in assisting senior and in adjudicating the matter.
It is undoubtedly a fact which cannot be ignored that apart from senior lawyers, in an advocate’s life Role of clerk also plays a vital role in building up the career of a lawyer. Clerks are invaluable.
They inculcate practical knowledge pertaining to court filing procedures/inspection of files in courts /High Court/ Supreme court inter alia. I remember Jitendra Kumar (who is now an advocate) is one such person who throughout has aided me in this particular field .
ROLE/ IMPACT OF SENIOR COLLEAGUES IN MY LIFE –
I always keep the relationship with my seniors at the beginning of my career at a high pedestal. No matter how many times you seek help from them, they will clarify your doubts in every possible manner. I discovered it’s essential to be enthusiastic and open to learning new skills, asking for more work and being curious to learn and ask questions. I thank my seniors and acknowledge their indisputable efforts namely as Advocates Sugam Puri, Shikha, Kunal Raheja, Navneet, Khan, Shammy, Rahul, Jatin Sapra for rectifying my mistakes in drafting and other consequential areas.
Post 2015 and till 2021, I had worked with other seniors namely Advocate Vikas Arora, Ardhendumauli kumar Prasad (AOR) (AAG, UP), Sr. Adv S.R. Singh (Former Justice of Allahabad High Court), Advocate Arvind Kumar Shukla gaining abundance of experience in land , service, appointment, education, excise matters ,criminal , landlord tenant arbitral disputes, property matters. I cannot thank my seniors enough for giving me the opportunity to argue independently in various forums/courts.
The regular bail granted to my client I defended in the POCSO case is one of the major takeaways of my litigation that I cherish the most.
Not to forget the landmark judgment of supreme court in Swiss Ribbons case v/s Union of India that upheld the validity of IBC Code in 2018, A separate writ was filed from our office and that was tagged along with several other petitions) and the fate of the judgment decided in the main petition decided in other cases including ours. So, by virtue of the judgment delivered by the 3 judges bench, the matters tagged were disposed of, technically without listening to the side of petitioners, to which I think it shouldn’t have happened.
There are numerous cases which I can’t mention all of it here. So keeping it in short.
You mentioned working with Dr. Pradeep Kumar Rai, Vice President of the Supreme Court Bar Association. What were some of the most valuable lessons or experiences you gained during your time with him, and how did it shape your legal career?
Since I already had experience working with Senior Advocate and briefing seniors on earlier occasions, prior to joining him, it was like a cherry on cake for me. Before becoming Advocate on record, I worked there as a senior associate and handled a variety of matters of the Supreme Court, District Courts, Tribunals as well. One of the memorable experience with him was that as soon as I joined his office in the year 2021, I got the opportunity to brief a criminal matter before Vikas Singh, the then President of Supreme Court Bar association, led by Pradeep Sir. It was an enthralling experience to assist and brief Vikas Sir in the criminal matter. As a young lawyer, it is the duty of him/her to rise to the occasion and see to it that the faith and trust of the Senior should not be shaken. Briefing and assisting senior is two different aspect altogether. The sharpness of mind, argumentative skill, confidence, organized, persuasive, intelligentest are the components of becoming a sharpened advocate.
Amongst so many valuable lessons taught by Pradeep Sir, one of them out of so many of them was:
‘Never do work half heartedly, do it wholeheartedly and with confidence’, Such words motivates you to do better in the longer run. Some of the things that I have learned from him would play a vital part in my long journey in the field of litigation. Essential things before briefing a senior advocate
For E.g. Reading the facts in a crisp manner, make sure to note it down if you are not capable of grasping it initially, note down the provision/law, if any involved pertaining to that case, qua the judgments in your favour or against you, make yourself aware about the day to day judgments of various High Courts/tribunals/forums and of course, of apex court, briefs has to be shorter, highlight the main ground of the case and so on so forth. It is true to say that recognition as a lawyer in the legal field is the prominent one. The face value and the recognition that I had received as a junior of Pradeep Sir is invaluable. It is something which doesn’t last but you have to create your own name to sustain in this profession and that is exactly what happened after working with sir and post clearing advocate on record examination in 2023.
One of your recent achievements is becoming an Advocate on Record at the Supreme Court of India. Can you tell our listeners about the significance of this accomplishment and the responsibilities that come with it?
As a first generation lawyer, It is a matter of pride, honour, privilege to become a reputed part in the highest court of country
Nowadays, the debacle of professionalism and ethical standards dropping day by day in Advocate on records has seriously concerned the judges of supreme court. AOR has much more onus rather than merely signing of the petition. On behalf of the party, an Advocate on Record can file a petition, draft an affidavit, file a Vakalatnama, or any other application at the Supreme Court. A registered clerk assists AOR in procedural aspects.
The court not only requires AORs physical presence but effective assistance from AOR is also required. He is a seeker of justice for citizens of this nation. An AOR is much more accountable than a senior advocate , who is responsible for whatever is written and pleaded by putting his appearance to maintain solemnity of court records. The institution of Aors is to facilitate working of court as mentioned in Order IV Rule 6 of Supreme court Rules.
For the first time, as an intern I entered the premises of Supreme court in the year 2011, at the time of pursuing law (4th year), vacation bench was presiding In the court no.1 where bench of former CJ S.H. Kapadia and J. Altamas Kabir were taking up the urgent matters, I was awestruck seeing the arguments by some of the senior lawyers at that time and then I had decided in my mind that I will soon practise here.
Let me tell you firstly about the Advocate on record examination. Every year the Supreme Court of India conducts an Advocate on record exam for the lawyers who want to establish his/her own practice in the Supreme Court. It is one of the toughest examinations in the fields of law attempted by numerous lawyers. Precisely to say every year around a thousand lawyers/aspirants having an experience over five years or more, so, write this lengthiest exam. And only a few could crack this examination. Consecutively, in Successive years 2021 and 2022 examination approx. 500 lawyers have become advocates on records, prior to this, the numbers were very minimal. At Personal level, the Significance of this accomplishment becomes imperative for two majorly reasons :- Firstly, a non- legal background lawyer cracking this examination, Secondly, it was essential for me to make my name and register it in the Supreme court, by hook or by crook and I did it in the 3rd attempt. Failing in the last two attempts given in 2018 and the post covid, in 2021 were depressing years. Then I found a ray of hope and flushing out all my negative approaches, appeared again and cleared the AOR Examination in my 3rd attempt. They say ‘TRY TRY UNTIL YOU SUCCEED’.
Could you share some insights into your daily work routine and the challenges you face as a legal professional, especially when dealing with cases in the Supreme Court and High Court?
From the past year, I am into independent practice, the timings are a bit relaxed. Prior to this, it was bit hectic and as it should be since a fresher/junior during commencement of his/her practise either in litigation or at corporate, whatsoever the field may be, is supposed to do constant hard work, to be persistent in carrying out various tasks of various courts in order to succeed in legal profession and that’s exactly just like others I had followed the same.
I wake up, have breakfast, drop my kids to school and then rush to the court in early hours as I don’t want my cases listed to get automatically Passover and then to wait for the whole day for my matter to reach. By this way, reaching the court, either its High court or Supreme court or any other district court, I avoid traffic congestion. You have your whole day once I am done with my matter. This is the kind of work I learned at the initial stage of my internship and then carried it off in my early stages of litigation practice.
Above all this, Fitness plays a significant role in shaping my legal career. I have become more focussed, punctual, more energetic, less impulsive after doing some workout in late evening.
Our routines become ingrained in our brains. They are made up of a series of habits. Changing your work routine is difficult, for it requires tackling many habits.
In your extensive career, you’ve handled a wide range of cases and legal matters. Are there any particular cases or moments that stand out as particularly memorable or challenging for you?
From 2012 till mid 2023, I have had encounters with multiple cases in criminal side, civil side, corporate side as well, both at district, High Court and Supreme court. My memories with each case are very special because of which I grew as a lawyer and as an individual , I not only thrived for social justice but also embraced life long learning.
I find matrimonial disputes and child custody cases are the most challenging ones, since you have to fight tooth and nail to defend your client whether it’s a husband or a wife, or the case relates to custody of a child. Mediation plays a vital role in settling the disputes between the parties. There was such a peculiar case where I was representing husband, a retired IAS Officer in multiple cases filed against my client by his wife who was also an retired IAS officer, that is to say, maintenance u/s 125 CRPC, Domestic violence case under section 12, and FIR was already lodged u/s 498a. They were into court battles for so many years and the remedy I could see was through mediation. However, in a number of dates fixed for mediation, the matter could not be solved and it went back to court again and now its sub-judice. So many sittings in mediation and yet marital conflict- issues involved between both aged parties remained status quo and didn’t sorted it out.
For instances some of the cases I assisted and as independent counsel argued for are listed below : –
Acquittal of husband/client in false dowry demand case (u/s 498a, Sec 2/3 DOWRY Prohibition act)
12 Writ Petitions before Delhi High Court against setting aside ex parte order of labour court, filed on behalf of management company to reinstate services of labour from date of their termination along with back wages – notice was issued and Settlement arrived between both management and employees at Later stage.
Statutory Bail granted under POCSO Act
At present, I am handling various arbitration matters with land acquisition, both at district level and high court level, which is a bit complicated but intriguing also.
Given your experience in the legal field, what advice would you offer to law graduates or young lawyers who are just starting their careers in law? What key principles or values have helped you succeed in your journey as a lawyer?
Nowadays, a career in law opens up a plethora of possibilities. Firstly, the law graduates/young lawyers should explore career options and must be decisive in their choice of practise whether its litigation practice, (civil side or criminal side), law firm, corporate practise, judicial services , academics and research, Public prosecutor, Judge Advocate General (JAG ) Officer.
Learning to practice law can be daunting sometimes and it takes some time for junior lawyers to comprehend the technicality and procedural court work. Don’t disheartened, discourage and lose your heart if you are unable to understand the functioning of the courts. You will get it through your sheer hard work, by dint of persistence, self determination. Moreover, read the judgments of supreme court, High courts, Tribunals etc. to enhance your knowledge on various laws discussed in several judgments. Any case, in a free time, if you don’t have anything to do, or not in a mood to research, then peruse constitutional law judgments. Establish your IQ more on constitutional aspects. By reading judgments, you merely not only improve your legal vocabulary, it gives you a better understanding of the law and the legal idioms/ phrases that is being used in the judgments, you can learn it also by continuously reading it. All these you can put it in drafting and in your communication skills which further cultivates in honing your argumentative skills before the court.
You can regularly read whether from online legal search engines or from journals, depending on your preference. In this age of technical advancement, one can now easily access and also learn the art and craft of legal arguments/submissions made by legal luminaries in constitutional hearing matters.
I have come a long way from being a mediocre law student to a lawyer holding the highest position in the Supreme court. I have always been a keen learner, enthusiastic, and determined person. Giving the best in your profession and Being an honest to your profession has been my primary goal. Time management is the key to success. Value the time. I valued the time at each interval of my litigation practice. My next advice would be ‘value the time, don’t waste it. Time won’t come again. Take baby steps at once and keep working hard, success will come your way, if not today, then in coming years.
“AT ANY STAGE, DO NOT UNDERVALUE YOU, UNDERESTIMATE YOURSELF, UNDERMINE YOUR SELF BELIEF, UNDERMINE YOUR SELF DETERMINATION”
As the founder of your own law firm, “Chambers of Kunal Yadav,” what motivated you to start your practice, and what are your goals and vision for the firm’s future?
I am sure that every law student / graduate lawyer has this huge dream of having his/her own law firm. Mostly , some of them initiate the setting up of a law firm, right after graduation , some of them don’t start them at all. While few of them start a bit late. In today’s competitive environment, it’s a challenge for even the most qualified lawyers to maintain and grow a successful law practice in India.
I have quite an experience in various law firms based in Delhi and after witnessing the positive growth of associates , working under a good leadership, thus in a positive environment and working cultures of those litigation law firms, I took the decision of having my own firm. Who doesn’t want to be his own boss , right ?
I had thought of establishing and commencing my own firm some day. Before leaving the last office where I worked, I had completed 10 golden years in the legal profession. As of now It has just been a year as an independent practitioner, let’s see how and where this wind goes .
I always believe that a healthy environment in the law firm should sustain rather than a toxic environment.
As a founder of my new firm, I am looking for new avenues, new recruits which would aid in taking the firm to greater heights.
You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?
Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself. I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.
Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.
So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.
I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.
My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.
In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.
How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?
I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.
I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.
However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.
I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.
Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.
In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.
Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?
My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country. From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.
And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.
Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.
In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.
Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.
From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.
In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.
You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?
When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.
In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.
This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.
The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.
Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.
You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?
I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.
Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.
On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.
Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.
Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts. These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.
In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?
Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.
In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.
Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.
In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.
I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.
During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.
A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.
In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution
You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?
During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.
Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.
I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.
I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.
Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?
My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.
Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.
When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.
Please tell us about your family background, pre-law school life and your experience at Symbiosis Law School, Pune.
I was completely raised by my mother Smt. S. Mohanaranai, who is a Central Government employee and completed my secondary and senior schooling from Delhi Tamil Education Association (DTEA) School. Academically, I was an above-average student and took a keen interest in extra-curricular and co-curricular activities.
Symbiosis Law School, Pune is a confluence of culture, ideas and bright minds. It was then located in the heart of Pune surrounded by plenty of colleges, universities, religious institutions and other centres of excellence and this was surely a boon for any young student far away from home.
Thanks to God almighty, I made great friends and a really supportive peer group, due to which I was able to overcome my initial fears and excel in prestigious Moot Courts and other co-curricular activities including representing my law school at the Williem C. Vis International Commercial Arbitration Moot, Hong Kong.
I am also very blessed that my wife Ms. Harimohana N. too is an Advocate and we support each other in our law practice.
You were one of the initial Law Clerks of Justice Najmi Waziri, popularly known as the Green Judge of the Delhi High Court. Please tell us about your experience with him and your other seniors at Bar.
I was Justice Waziri’s third law clerk. Joining his prestigious chambers, right after law school, was purely a matter of chance and I am very fortunate to have been a part of it. Justice Waziri made a deep impact in my life with his thought process such as respect for law, women, nature and religious beliefs. He was very polite and courteous to everyone. To us Law Clerks, he gave us several opportunities to prepare draft judgments and research on complex legal problems, which laid a strong foundation for me as a lawyer. I was mentored further in the profession by Mr. TK Bhaskar, Mr. Sanjay Kapur and Mr. Shri Venkatesh, who gave me several opportunities to conduct and argue cases.
Please tell us about your law practice, practice areas and the clients whom you represent before Courts.
I founded my law firm VMK Law Offices in the year 2018 and we are located in South Delhi, in close proximity to the Supreme Court of India, High Court of Delhi and other major Tribunals. We have a fairly vast and diverse practice area such as commercial disputes, Energy Regulatory, Insolvency & Bankruptcy, Company, Arbitration, Property, White Collar Crimes, Telecom and Competition. We regularly appear before the Supreme Court, High Courts (Delhi, Madras, Calcutta, Gujarat, Chhattisgarh), APTEL, NCLAT, NCLT, Central / State Electricity Regulatory Commissions, TDSAT, Competition Commission, PMLA / FEMA Appellate Tribunal, District Courts and Arbitral Tribunals. I have represented Public Sector Banks and Undertakings, Statutory Authorities, Multinational Companies, Power Generators (Private and State Owned), Transmission Licensees and Utilities, Distribution Companies, EPC Contractors and Sports Federations.
Please tell us about a few important and challenging cases that you have handled as a lawyer.
To me, no case is less important or less challenging. All the cases that we do, be it before the highest Court or otherwise, are equally prioritised. However, a few of the reported judgments to my credit are below:
SBI Vs. Vibha Agro – (2023) 1 SCC 286
Lalit Kumar Jain Vs. UoI – (2021) 9 SCC 321
SBI Vs. Radhey Shyam Pandey (2020) 6 SCC 438
ARCIL Vs. Bishal Jaiswal – (2021) 6 SCC 366
SSIM Association Vs. UoI – (2021) 8 SCC 511
A. Nabibasha Vs. Small Farmers Agri Business Consortium – 2020 SCC OnLine Del 1250 : 2020 ACD 877 : (2020) 3 MWN (Cri) DCC 51 : (2020) 4 RCR (Cri) 575
SBI Vs. Athena Energy Ventures – 2020 SCC Online NCLAT 774
2021 SCC Online NCLAT 4
2021 SCC Online NCLAT 1621
2022 SCC OnLine NCLAT 27
2020 SCC OnLine NCLAT 717
You are an Advocate-on-Record (AoR) of the Supreme Court of India. How is an AoR different from a non-AoR before the Supreme Court?
As per the Supreme Court Rules, no Advocate other than an AoR can appear, plead and address the Supreme Court unless he is instructed by the AoR. Therefore, an AoR has been statutorily conferred a privilege with respect to cases before the highest Court of the land. However, this privilege comes with enormous responsibility at various stages right from drafting of a petition/appeal, which have to be done with utmost honesty and precision. It is common knowledge that the Supreme Court is a very busy place, therefore, brevity and speed are vital. A crisp Synopsis can win or lose a case before Judges who have 80-100 cases listed before them. Next, strategizing, preparation and thinking out of the box are essential for a Supreme Court practice. It must always be borne in mind that the Supreme Court is the last Court and the result can be a make or break situation for the clients. The AoR system at the Supreme Court equips us to handle these challenges.
What advice would you like to give to young lawyers who are starting their careers?
Young lawyers, who want to be litigation practitioners should carefully choose their seniors and mentors. It is equally important to enjoy the process and seize any and all the opportunities that come your way. Since a litigation practitioner is required to do multiple tasks such as drafting, filing, arguing, briefing, clerical work, client and financial management etc., one must constantly learn and implement new and effective ways to manage the workload. Litigation practice is one of the most thrilling professions and I urge all young lawyers to take a shot at it.
