Tag: RBI

  • “As a first-generation lawyer, I’ve had to carve my own path forward, brick by brick. The legal field is highly competitive, and success requires not only hard work but also being in the right place at the right time.” – Swapna Chandramouli, Fintech Lawyer. 

    “As a first-generation lawyer, I’ve had to carve my own path forward, brick by brick. The legal field is highly competitive, and success requires not only hard work but also being in the right place at the right time.” – Swapna Chandramouli, Fintech Lawyer. 

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

    You’ve mentioned that your interest in law developed through the process of eliminating other career options. Can you tell us more about how you eventually decided on law and how that decision has shaped your career trajectory?  

    I grew up in Kolkata during the 90’s and early 2000s, a time when the most sought-after career paths were typically in engineering, medicine, or accountancy. Coming from a family of engineers and doctors, I felt an innate urge to break away from this conventional path and carve out something different for myself. This led me to choose the Commerce stream for my XII standard examinations, leaving chartered accountancy as a potential option if I excelled academically.

    Around this time, one of my school seniors was preparing for the National Law School entrance exams, and that sparked a deep interest in Law within me. As I explored this further, the idea of pursuing a legal career began to resonate more strongly. My decision solidified as I found myself thoroughly enjoying the CLAT syllabus, especially subjects like Logical Reasoning, Legal Reasoning, and Mathematics. With this growing passion, I pursued Law school admissions and successfully cleared the entrance exams for several institutions, including Government Law College (GLC), Mumbai.

    I ultimately chose GLC, Mumbai, drawn by its distinguished alumni network and its proximity to the bustling legal landscape of the city. Reflecting on my school years, I realize I wasn’t always sure of my strengths, but my decision to pursue Law and Commerce led me to excel in both the legal and financial sectors. Today, with over a decade of experience as a lawyer, I find myself just as enthusiastic as I was during my first internship. A career in law has proven to be both dynamic and fulfilling, with each day bringing new challenges and learning opportunities.

    You interned with prestigious law firms like Khaitan, JSA, and Nishith Desai, but after completing your education, you chose to start your career in the corporate world. What led to this decision, and how did transitioning from law firms to in-house legal roles shape your career path?  

    Law firms often hold strong appeal for law students, especially for those influenced by TV series like Suits. During my time in law school, I was determined to secure internships with top-tier law firms and was fortunate to have the opportunity to do so. Notably, my internship at Nishith Desai Associates (NDA) stood out for its culture of rigorous learning and research. Here, I honed my skills in meticulous drafting, meeting tight deadlines, and delving deeply into research to resolve complex problem statements. At that stage, starting my career at a law firm seemed like the most organic choice.

    However, destiny had other plans, leading me to secure a placement with Kotak Mahindra Bank’s Corporate Legal Department in Mumbai. This shift made me realize the unique value of being an in-house counsel, where legal practice intersects with business strategy. In-house counsel roles offer the opportunity to develop a strong understanding of business dynamics, as your clients are internal stakeholders, and business acumen becomes integral to your work.

    Over the years, I’ve transitioned through various roles in the Banking and Finance sector, as well as in e-commerce and Fintech, with each in-house position adding depth to my legal expertise. I thrive on the unpredictability and problem-solving challenges that come with in-house roles. As an in-house counsel, I am continually faced with a diverse legal issue—from product design and process development to policy framing, contract negotiations with key business partners, regulatory compliance, and handling employment matters. The role is deeply integrated with business operations at every level, making it both dynamic and fulfilling.

    Being a first-generation lawyer, what were the key challenges you faced when you started your legal career, and how did you overcome those hurdles to establish yourself in such competitive sectors like fintech, e-commerce, and banking?  

    As a first-generation lawyer, I didn’t have the benefit of family precedents or insider guidance when navigating my career in law. I relied on my own judgment and intuition. However, I’ve been fortunate to have exceptional mentors who have generously offered their guidance throughout my career and are always just a phone call away.

    One key difference between first-generation lawyers and those from legal legacies is the clarity of the path ahead. Those with a legal lineage often have a well-defined roadmap, while first-generation lawyers must thoughtfully and deliberately lay each brick to build their own path forward. While this process is deeply fulfilling, it can also mean missing out on opportunities due to a lack of exposure or knowledge.

    From my journey, I would advise fellow first-generation lawyers to stay vigilant and open to opportunities and to actively seek out trusted mentors who can provide valuable guidance. The legal field is highly competitive, and success requires not only hard work but also being in the right place at the right time. Proactively expanding your network and knowledge base is crucial to thriving in this profession.

    Having extensive experience dealing with regulators like the RBI and IRDAI, what are some key learnings you’ve gained from these interactions? How do these regulatory engagements influence legal strategies in fintech and NBFCs?  

    A crucial skill for lawyers working in regulated sectors is the ability to deeply understand the regulator’s perspective and intentions. It’s important to remain open to engaging with regulators and fostering a constructive dialogue. Often, it’s surprising how receptive regulators can be when approached with the right intent. Whether it’s for obtaining licenses or during annual audits, each interaction has given me invaluable insights into the rationale behind specific regulations and the purpose of certain prohibitions or compliance requirements.

    A key lesson from these interactions is that regulators consistently expect transparency. Regulated entities must be willing to collaborate with the regulator to find business solutions that align with regulatory objectives. Understanding the regulator’s intent is particularly helpful when navigating ambiguous areas of regulation, allowing for more informed and strategic advice to internal business stakeholders, rather than simply interpreting the letter of the law.

    For in-house lawyers, especially in regulated entities, the ability to offer compliant yet practical solutions is a highly sought-after skill. By bridging the gap between regulatory compliance and business needs, in-house counsel can play a critical role in helping organizations thrive within the bounds of the law.

    In your experience negotiating complex contracts in fintech startups like Rupeek and larger organizations like Kotak & Flipkart, what do you see as the crucial aspects where an in-house lawyer can contribute to driving business success? How can legal counsel go beyond compliance to add strategic value?  

    My experience in different kinds of organizations has taught me that the role of an in-house counsel also changes based on the nature of the organization. In established organizations, departmental roles are well-defined, and each stakeholder plays a vital part in closing contracts. In contrast, within start-ups, the business often relies heavily on legal counsel, not just for legal and compliance advice but also for insights on structuring financial transactions and commercial terms.

    Negotiating for established organizations often provides greater leverage when dealing with counterparties. However, representing a start-up has allowed me to engage deeply with the commercial and operational intricacies of contracts. Both experiences have been fulfilling in their way. For instance, while working for large Banks like Ujjivan & Kotak, I negotiated with Big Tech companies, gaining exposure to deals of significant scale. Similarly, during my tenure at Flipkart/Myntra, handling high-value celebrity contracts with intellectual property right implications showcased the complexity of working with major influencers. On the other hand, my work representing fintechs has allowed me to negotiate with larger banks and lending partners (perceived with higher negotiating power) to come to a consensus in commercial and regulatory structuring of deals.

    Ultimately, when legal counsel provides comprehensive, well-thought-out advice that considers both legal and financial risks, they are no longer seen as obstacles but as essential partners in driving contract closure. This shift transforms the counsel’s role from a perceived barrier to a catalyst for success.

    You cleared your CS professional exams in one shot while also pursuing law. What strategies or insights helped you manage both demanding courses simultaneously? Could you share some advice for young students who are pursuing multiple qualifications?   

    Both the Company Secretary (CS) and Law courses are highly demanding, given the vastness of their syllabi and the intensity of their exam schedules. However, I was determined to complete the CS course alongside law school. Opting to take all the modules of the CS professional course in one go was admittedly a bold decision — I sat for nine papers back-to-back, without a break. The enormity of the challenge made my resolve to stay determined and focused stronger. I don’t think I put any pressure on myself, but I just wanted to test my potential.

    I devised a strategy to balance both fields of study. During the first half of the year, I concentrated on law school exams, while the latter half was dedicated to CS studies, though I maintained some focus on law for mid-term exams. Interestingly, much of the CS syllabus overlapped with legal concepts, which created a natural synergy in how I applied my understanding to both courses. What also helped me is the constant support and encouragement of my friends who were taking the exams with me. We often talk about team efforts in corporate life, student life also taught me the importance of a solid team in competitive exams. For students navigating similar challenges, my advice would be to prioritize and strategize — knowing when to focus on each subject is key. And most importantly, enjoy the learning process. Both law and CS test your understanding of core concepts, so cultivating a genuine interest in the material will ultimately lead to success.

    With your wealth of experience in fintech, e-commerce, and banking, what advice would you offer to current law students and early-career professionals who aspire to work in these sectors?

    A career in Fintech, e-commerce or any other regulated sector is very demanding, especially for lawyers because the regulatory landscape keeps changing. In my experience, you truly understand the essence and requirements of the regulations by reading it multiple times from different perspectives.  

    Developing a genuine interest in regulatory frameworks and their interaction with business offerings is fundamental for finding your footing as a lawyer in these sectors. For anyone looking to break into or transition into these industries, my advice is to invest time in understanding regulations, and their underlying purpose, and to cultivate business acumen around the various products in the space. This combination of legal expertise and business insight will make you a valuable asset in any organization.

    As a mother, how have you managed to balance such a demanding career with your personal responsibilities? What advice would you give to others trying to navigate similar challenges?  

    I have always seen my mother as a role model who dedicated herself to her profession as a teacher all through her life while raising two children. Her resilience and dedication made it a natural choice for me to continue working after I had my baby. I was fortunate to have the support of a wonderful organization like Rupeek and an understanding manager, which allowed me to manage my professional responsibilities while being fully present for my daughter during her early years.

    For mothers looking to maintain their professional careers, I recommend investing in quality child-care support if possible. Our role as mothers goes beyond simply managing a child’s daily routine—we are their source of inspiration and pride. I firmly believe that a child’s happiness is closely tied to their mother’s fulfilment. If you are passionate and happy in what you do, that joy will resonate with your child.

    I am deeply passionate about my profession, and my daughter is a constant source of motivation, encouraging me to explore my full potential instead of setting limits. That said, balancing work and family life is always a dynamic process. It requires thoughtful decision-making and sometimes tough choices about when to prioritize what. But I believe that by staying true to ourselves and our passions, we set a powerful example for our children.

    With such a demanding career in multiple sectors, how do you unwind and recharge? Are there any hobbies or activities that help you maintain a healthy work-life balance?

    Weekends for me are completely dedicated to my home and family. As much as I enjoy staying at home and cleaning to my satisfaction, I also enjoy social gatherings. These days, I often find myself at gatherings with my daughter’s friends and their parents, enjoying the sense of community it brings. I also like to unwind by watching some thoughtful and reality-inspired series/movies. As a family, we also make it a point to plan small getaways or vacations whenever possible. These trips allow us to recharge, connect with nature, and explore historical places, creating lasting memories together.

    Recently, my husband and I have embraced a healthier lifestyle. We’ve started making conscious choices for our well-being, and one of our favourite weekend routines is our Saturday morning workouts at Cubbon Park. It’s become a refreshing way to kick off the weekend, balancing physical wellness with the joy of being outdoors.

    Get in touch with Swapna Chandramouli-

  • “If matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialized subject.” – Suchishmita Ghosh Chatterjee, Trained Mediator & Independent Counsel.

    “If matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialized subject.” – Suchishmita Ghosh Chatterjee, Trained Mediator & Independent Counsel.

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

    Your journey in the legal profession is truly remarkable, especially considering the legacy of your family. How did you navigate the challenges of establishing your own identity in a field where family connections can sometimes be both a boon and a burden?

    It was easier for me to get my first break as a Counsel but then to earn my first brief independently took a while longer. Now reflecting I feel family connection for me was both a boon and a burden. I cannot point to a single incident that led to others acknowledging me, shorn of my background, as it was a gradual process. When people saw me assisting my senior single-handedly in very high stake matters regularly and then appearing in matters like the Saradha Chit Fund case for RBI, SST Media- winding up proceedings, Testamentary suit in the estate of Priyamvada Devi Birla, I think I got noticed by others. Today I can safely say I have other law firms and independent Advocates on Records believing in me and giving me work and my background no longer matters. I always wanted to make my independent existence count in my profession and I am walking a step closer every day by the grace of God and the support of everyone who stood by me like a rock!

    Starting your career when there were relatively fewer women in law, how do you perceive the changing landscape for female lawyers today? Have you noticed a shift in attitudes and opportunities over the years?

    Yes, our profession is very demanding and it’s not like a 9-5 job. A conference can be fixed at 9.30 pm or even 10.30 pm in the night and not all women can work in that format. To practice as a counsel, can even involve staying up all night to prepare an urgent draft or prepare for a matter. As a woman, it is certainly not easy unless she gets that support on all fronts. When I joined, women lawyers by number were much less and I greatly admire all those who were practising as Counsel in those days. Their struggle was a telling tale and I am greatly inspired by all of them. I could see the shift in mindset over the years, people starting to take women lawyers seriously and treating them at par with their male counterparts. Today I see the confidence in the eyes of clients as well as solicitors when they interact. It does not matter whether they have a woman counsel defending them as long as they know the gender would not create any difference. Now the ratio has greatly improved even in litigation, which sure is noticeable.

    Starting your career from scratch after college, you faced challenges that many young professionals can relate to. Can you share some of the initial struggles you encountered and how you overcame them to establish a successful legal practice today?

    Well what was a struggle for me was to break the myth that having a solicitor father helped me gain an advantage over my contemporaries. Although it did help me earn my first matter easily, but unless I performed, it wouldn’t have ensured the future briefs coming my way. In fact, I lost a couple of briefs when people learnt about my family background. It was an added pressure for me to conduct myself in a certain way. This made me apprehensive and I never went to anyone asking for a brief, not because I was too proud to ask for it but because I felt my work would be my identity. I believed if I worked honestly and sincerely I would get noticed. So from the end of 1st year in college, I joined the chamber of my senior Mr Hirak K. Mitter, senior barrister and every day after college hours, I used to attend his Chamber, work out briefs, make lists of dates, read judgments, make my own notes and attend conferences in matters where I wasn’t even engaged. That was a huge learning experience. For 5 years even my senior didn’t have much interaction with me. I would return home late in the night and break down at the dinner table. After seeing me attend his chamber every day for 5 years, with not a single break my presence was felt and also acknowledged. I earned my senior’s trust and confidence. At the end of 5 years, with my senior’s recognition, I started assisting him in heavy matters singlehandedly. Then from assisting him to appearing as an arguing counsel, it was a journey in itself that happened over the years. 

    In setting up your chambers, you’ve emphasized creating an environment where everyone can speak their mind. How do you foster such an atmosphere, and why is it important to you?

    I always tell my juniors to read the facts well. Knowing where to find the law and how to apply a proposition of law would all come subsequently once the facts are mastered. Difficult law points are not always there in every matter. So knowing what are the facts on which law has to be applied, reading is important. To understand it better, a discussion and exchange of thoughts are important. In my senior’s chamber, my senior used to invite us to have a one-on-one participation in conference. That helped us think of different outcomes, options, and perspectives to a matter. Logical thinking and reasoning develop only when there is a conducive environment to air one’s views, without fear. If I see my juniors doing well and better than me, it would be a moment of great satisfaction. Knowledge is the only thing that grows with sharing, so I don’t keep anything up my sleeves. Whatever I learn and know, I believe in sharing that. At times I even find my juniors bringing up some fresh ideas on the table, so there are always new things that I even end up learning from them. It is important to give them that confidence since if they can speak freely to me they can address the Court better and fearlessly.

    Having worked on various matters, including some high-profile cases, is there a particular case or experience that stands out as a significant turning point in your career?

    There are about 4 or 5 such cases. Exposure to matters like the Will case of the Late Priyamvada Devi Birla, helped me learn a lot about mutual Wills, and testamentary suits. I was fortunate enough to get an opportunity to address the Hon’ble Division Bench at the request of the then Chief Justice J.N. Patel in this matter as the junior most member on the side of the Birla after all the seniors had finished their arguments. I was asked if I would like to address the Hon’ble Bench on what I understood of Administrator-pendente lite after hearing and assisting my seniors and copiously taking down notes during arguments for so many days. It was too overwhelming for me but I really enjoyed getting to address such a heavy matter for about half an hour. 

    Then addressing on behalf of RBI in the Saradha chitfund case was a great experience. I learnt about goodwill valuation and the company being sold as a going concern from handling the SST Media case which was regarding Kolkata TV. Learnt a lot about Thika Tenancy from the case of Fona Rubber, then came to learn about the Originating Summons suit from Thakurani Sree Sree Durga Mata Jew case where I assisted the late Mr. S.B.Mookerji. I learnt about misfeasance first-hand from the matter of Jamshedpur Cements which was reported in (2011) 4 CNH but my name was not reported. These are some prominent cases that come to my mind. My exposure in arbitration was through Shappoorji Pallonji vs Videsh Sanchar Nigam Limited which was a huge matter with a lot of intricate points. I learnt about liquidated damages and Hudson’s formula on the calculation of loss of profit first from this arbitration. 

    Your approach to technology is interesting, acknowledging its importance while maintaining a preference for traditional methods like reading physical books. How do you strike a balance between embracing technology and preserving traditional legal practices?

    Change is the only constant. So we have to adapt ourselves to the changing times and technology. When we see other High Courts like Delhi and Bombay, most of the counsel prefer going paperless. They have their brief stored in iPads on liquid text, notes, judgments everything in the system. It’s fascinating. I am yet to go paperless that way as now I prefer micro-Xeroxing briefs in big matters but I do appear virtually in matters either for court appearances or conferences. Even arbitrations are being conducted virtually or in hybrid mode. This truly saves time and cost. However, when it comes to reading textbooks on law, I still prefer the touch and smell of the books. I also enjoy writing down points using pen and paper instead of iPad and good notes. But I accept the change with an open mind and also use iPads in courts at times. Research work has become simplified due to online search engines. But once I come across a case online, I take out my journal and read. I feel some things are to be preserved while accepting the changes.

    As a trained classical vocalist and music lover, your interest in sketching with social messages is intriguing. Can you share a bit about your artistic side and how it contributes to your personal expression or advocacy?

    Music is my soul. I have been in training since age 4. Nowadays I don’t get that time for Riyaz but I sing for my daughter now who has a musical inclination. My interest in sketching began only in lockdown when I discovered this new side of me. Whatever I sketch has a social message, starting from acid attack to saving nature. I even write a bit of poetry but that is purely for my own reading. The creative side of me is a gift from God and whenever I am sad or even happy I think I express it through either music or poetry. Creativity helps to channel my emotions and handle pressure better. 

    Looking ahead, you’re pursuing a mediation program. How do you see alternative dispute resolution methods like mediation shaping the future of legal practice, and what motivated you to explore this avenue?

    I always prefer gathering knowledge. Mediation is a well-accepted ADR system in South East Asia, Europe and further West. India is slowly catching up. We have now the Mediation Act in force. There are mediation centers also attached to High Courts where matters are referred for exploring mediation. My interest cropped up when section 12A of the Commercial Courts Act, 2015, which mandates pre-institution mediation in commercial suits. Litigants are wary of mediation and we lawyers need to open up as well in embracing this mediation. Personally, I feel, if matters could be resolved in a time-bound manner, there is always an advantage. If that fails, litigation is always an option. Today mediation is a highly specialised subject and I am the first batch pursuing 60 hours+ program under Indian Institute of Corporate Affairs. Certified Mediators with the right training can facilitate parties resolve their disputes while restoring relationships. 

    How does your involvement with the Robin Hood Army and your dedication to social causes enrich or influence your perspective within the demanding realm of your legal career?

    I associated myself with RHA and signed up as a volunteer during a pandemic. Participating in the drives as a volunteer of RHA and then taking up other blood drive campaigns, and vaccination programs through tie-ups with Institutions helped me grow as a person. Now I do not get that time to act as a volunteer in the demanding realm of legal career but I do my own bit every now and then through Ramakrishna Math and Mission as well as other organisations. Doing pro bono matters for social causes like the Haemophilia Society or handling cases like acquiring land for Palli Mangal where women are trained and earn their own livelihood under Ramakrishna Mission order, are my way of giving it back to society.

    Over the years, you’ve trained numerous law students as interns. Have you noticed any notable differences in the skill sets of students today compared to when you started your career? And in your training programs, what specific advice or guidance do you find yourself consistently offering to the aspiring lawyers of this generation?

    In our formative years we used to work for learning. Now because of the change in society, students are keen on earning from day one. That is a noticeable change for sure. 

    I find today’s generation is quick in research, as they are all tech-savvy. But overall I find they are in a race against time. Quick recognition and quick fame are not lasting and anything of substance requires nurturing, perseverance and time. Whoever is willing to do that, would sure to taste success. This is usually what I keep telling my juniors and interns. There is no magic mantra and anything that is too easily achieved is short-lived, so as my Grandpa used to say- “Hard work first, hard work second and hard work last. If anything is left, it’s hard work again!” I try to live by that and aspire to be a better human being, living on my terms with my head held high and respecting and loving the institution of which I am a part of. 

    Get in touch with Suchishmita Ghosh Chatterjee-