Tag: Supreme Court

  • “Above all, maintaining integrity, doing the right thing even when no one is watching, has been a guiding value.” – Rahul Gupta, Advocate-on-Record at Supreme Court of India and Founding Partner at Maximus Legal.

    “Above all, maintaining integrity, doing the right thing even when no one is watching, has been a guiding value.” – Rahul Gupta, Advocate-on-Record at Supreme Court of India and Founding Partner at Maximus Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your academic trajectory from B.Com (Hons.) to Law, Company Secretaryship, and an  M.Com reflects a strong interdisciplinary foundation. What inspired you to pursue both law  and the CS qualification simultaneously, and in what ways has this combination given you  an edge in advising clients on matters of corporate governance, regulatory compliance, and  financial structuring? 

    From the very beginning, I was drawn to the intersection of law, commerce, and corporate  governance. Pursuing Company Secretaryship alongside my legal studies was a conscious decision as it allowed me to build a foundation that wasn’t just legally sound, but also rooted in financial  and regulatory nuances. This interdisciplinary approach has been extremely helpful, especially in  matters involving corporate litigation, insolvency, and compliance. Clients often benefit when legal advice is well-integrated with an understanding of statutory filings, boardroom dynamics, and financial frameworks. I’ve also noticed that having both an LLB and CS qualification adds to  my credibility in the eyes of clients. They feel more assured that their legal matters are being  handled with a broader understanding of business and compliance. 

    During your time with Advocate-on-Record Abhinav Shrivastava, you worked on several  significant matters, including cases involving medical negligence, public infrastructure, and  high-stakes regulatory disputes. Which of these experiences had the greatest influence on  your legal mindset or courtroom confidence, and why? 

    Each case taught me something unique, but one that stands out was the medical negligence matter  which ultimately led the Delhi High Court to direct the Medical Council of India to frame  sentencing guidelines against doctors. The case was layered with complex medical facts and  touched deeply on issues of public interest and human emotion. Working under the guidance of  Mr. Abhinav Shrivastava in this matter was instrumental. He gave me the opportunity to argue before  the Supreme Court in the very first year of practise. His clarity of thought, meticulous approach to  drafting, and strategic vision shaped how I began to understand litigation at a deeper level. Observing how he navigated the matter and collaborated with senior counsel not only sharpened my legal thinking but also instilled in me the confidence and discipline required in court, something  no textbook alone can provide. 

    You also contributed to the due diligence process for a major international brand like  Burger King. How did this corporate compliance role differ from your litigation work, and  what insights did you gain into global business operations and cross-border regulatory  frameworks through that engagement? 

    That engagement was eye-opening. While litigation often focuses on resolving disputes, due  diligence work is more about anticipating and mitigating future risks. Working at Burger King  allowed me to see the meticulous backend of corporate transactions: compliance checks, property  evaluations, and regulatory assessments. It gave me a global perspective on how multinationals  approach legal risk and localization, which I now carry into advising Indian startups.

    Since embarking on your independent practice and founding Maximus Legal , you’ve  handled a wide variety of matters before bodies like the NGT, NCLT, and the Supreme  Court. What have been the most significant challenges and turning points during this  journey? What initially motivated you to take the leap and establish your own firm? 

    Starting my own firm was less about ambition and more about purpose. I wanted to build a practice  rooted in accessibility, integrity, and multidimensional legal service. The biggest challenge was  transitioning from being an associate to becoming a first point of contact for clients. The turning  point came when I successfully argued for a client in a habeas corpus matter involving child custody, a deeply sensitive issue that reaffirmed my decision to take this path. Founding Maximus Legal has allowed me to offer end-to-end solutions across practice areas, with a team that shares  this commitment.

    Your experience spans a wide legal spectrum from consumer protection and matrimonial  cases to environmental litigation and complex insolvency proceedings. Could you share one  particularly challenging case that tested your legal acumen or professional resilience? 

    One of the most challenging cases was representing a group of industries before the NGT, Principal Bench regarding the air quality of my hometown Mandi Gobindgarh, Punjab. Balancing  environmental concerns with the economic realities of industrial stakeholders required not just  legal knowledge, but nuanced negotiation and strategy. The matter demanded extensive  groundwork, collaboration with technical experts, and the ability to argue for sustainable solutions.  It was a test of endurance, but also of finding balance in public interest litigation. 

    Having facilitated over 50 trademark and 25 copyright registrations including  international filings you’ve built a solid IP practice. In your experience, what are the most  common hurdles startups and individuals face during the IP registration process, and how  can these be effectively addressed from a legal strategy perspective? 

    Many startups underestimate the value of early IP protection. The most common hurdles include  inadequate documentation, lack of awareness about global classifications, and conflicts with  existing trademarks. I believe the solution lies in proactive education. At Maximus Legal, we guide  clients from day one, not just in registration, but in building an enforceable brand identity.  International filings also require understanding treaty frameworks like the Madrid Protocol, which many startups overlook. Strategic foresight, coupled with clear documentation, can save  significant time and costs down the line. 

    Now leading your litigation practice and having cleared the Advocate-on-Record exam,  what guidance would you offer to young lawyers hoping to build a career path similar to 

    yours? What specific skills, values, or tools have proven vital to your growth and long-term  success? 

    The most valuable skill is consistency, whether in drafting, client communication, or court  appearances. Young lawyers often look for shortcuts, but the law rewards diligence and depth. I  would also stress the importance of mentorship, both formal and informal. Working under  experienced professionals taught me discipline and nuance. Tools like legal research databases,  structured daily schedules, and clear documentation habits have helped me immensely. Above all,  maintaining integrity, doing the right thing even when no one is watching, has been a guiding  value. 

    Could you walk us through your experience of preparing for and clearing the Advocate on-Record examination? How has achieving AOR status influenced your professional  standing and the scope of your legal practice? 

    Preparing for the AOR exam was rigorous. It required not just legal knowledge but also the ability  to think practically under pressure. I had to revisit core procedural law, refine my drafting, and  understand the unique ethos of Supreme Court practice. Clearing the exam has been a milestone.  It has enhanced client trust and opened doors to file directly before the apex court. Interestingly, I’ve noticed that people look at you a little differently when they hear you’re an Advocate-on-Record, it carries a sense of credibility and seriousness in the legal community. More than  anything, it’s a personal reminder that persistence and preparation truly pay off. 

    High-stakes litigation is often intense and time-consuming. How do you maintain balance  between the demands of your profession and your personal life? Has your approach to well being, stress management, or time allocation evolved throughout your career? 

    Yes, it has evolved a lot. In the early days, I was constantly on edge, running from court to office  and barely taking time off. Over time, I realized that burnout doesn’t serve anyone. I now prioritize  structured schedules, take short breaks, and occasionally unplug completely to reset. Being in court  almost every day is demanding, but creating boundaries and nurturing personal interests, like travel  or spending time with family, keeps me grounded. 

    Get in touch with Rahul Gupta –

  • “It is one of the privileges of being a litigation counsel to have the opportunity to contribute directly to the evolution of the law through arguments addressed in court.” – Kumar Sudeep, Founder & Principal at Chambers of Kumar Sudeep.

    “It is one of the privileges of being a litigation counsel to have the opportunity to contribute directly to the evolution of the law through arguments addressed in court.” – Kumar Sudeep, Founder & Principal at Chambers of Kumar Sudeep.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Sir, your journey is truly inspiring. After completing a B.Tech in Computer Science & Engineering, you made a noteworthy shift to the field of law. What inspired this transition? 

    I finished schooling from Delhi Public School, R.K. Puram in 1999. At that point I had an offer for a B-Tech degree in Computer Science & Engineering from GGSIP University in New Delhi. Not being very clear about where I wanted to be in the long term, I decided to take up the offer and figure things out with work and life experience. Various opportunities came my way after graduation of which the most noteworthy was a startup called Montalvo Systems with offices in Bengaluru and Silicon Valley, California. This company was acquired by SUN Microsystems in 2008. The feeling of being a bird of passage in engineering came to a head for me at that point in time. I was not feeling very keen on repeating the technology cycle all over again. I joined Nvidia in Bengaluru and while working there started thinking from first principles about a long-term career best suited to my interests and inclinations. This process culminated in my returning to Delhi and joining Campus Law Centre, Delhi University for an LLB degree.  

    In school I rather enjoyed languages and the acts of reading, writing, and argumentation. It was a delightful and easy-going kind of engagement with the use of language; and  it never occurred to me that it could be the basis for any full-fledged career. It was like breathing. It is only after work experience and self-examination that I let these instincts guide me to law as my long-term career. The peace of mind that comes from working alongside, and not too far away from your natural inclinations, is priceless and an abundant source of mental energy. 

    How has your engineering background continued to inform or benefit your legal practice? How has your technical education influenced the way you approach complex cases before the Intellectual Property Division and Commercial Courts of the Delhi High Court?

    A technical degree in a subject like Computer Science or Electronics can enable one to appreciate and analyze a technical system in its entirety: from the top-level algorithm, to the software that implements the algorithm, through the hardware that executes the software, down to the circuits which constitute the hardware, and even the underlying semiconductor materials on which the circuits are etched.

    As a lawyer one can then pause at the required depth in this chain, depending upon the requirements of the case at hand, and synthesize and elucidate the matter in appropriate legal terms to assist the court in reaching a decision. Ultimately technology lawyering is a synthesis of the science of understanding and the art of communicating.

    Further, the general analytical rigour typically imbibed in the study of engineering and technology also seems to carry over naturally to law where precise and accurate analysis of legal and factual propositions is of value. 

    In the initial stages of your legal career, you must have encountered a variety of formative experiences. Could you share a few experiences that deepened your understanding of the law and shaped your approach?

    After LLB., I had the opportunity to work in the chambers of a very experienced and encouraging lawyer at the Tis Hazari courts. Thereafter I joined a law firm and came to the High Court of Delhi and practised primarily in IPR and media law related matters. In 2017 I moved out from the firm and helped set up a new law firm with some of my friends and colleagues from Bengaluru and Chennai —this was the genesis of my Supreme Court practice. I was appointed an Advocate-on-Record by the Supreme Court in 2020. Presently I work as an independent chamber counsel engaged by clients, lawyers, and law firms for their matters at the Supreme Court, High Court of Delhi, and the NCLT/NCLAT.

    Working in the trial courts as a fresh graduate, I recall, gave a feeling of both empowerment and emancipation: empowerment in terms of getting hands-on experience in practice, and emancipation in terms of a mindset shift that with due effort one could learn and practise any branch of the law in any forum available. I therefore usually recommend experiencing the trial courts to law students and lawyers starting out in the profession.

    Another formative experience was listening to other matters being argued in court while I waited for my own matter to be called. This was an easily accessible and enriching source of learning, and it improved my approach to the drafting of pleadings (it was sobering to see experienced lawyers sometimes being put on the spot by the judge for not having impleaded necessary parties, or not having pleaded the cause of action properly, jurisdiction etc.). It also taught me about speaking more, speaking less, and speaking to the point in court.  I still like to listen to the back-and-forth between the bench and the bar while waiting for my matters. 

    What motivated you to take the leap and establish your own legal practice? What were some of the significant challenges you encountered while building your Supreme Court practice, and how did your long-term vision help you navigate the journey particularly leading up to becoming an Advocate-on-Record?

    It was clear to me during LLB. that I wanted to have an independent chamber practice in due course. I was fortunate in getting the work experience and the work opportunities (which sometimes came through sheer happenstance) that enabled me to eventually graduate, as it were, into chamber practice. 

    It also helps to keep in touch with colleagues from the various High Courts who may call upon one for assistance with their appeals to the Supreme Court. Practising in New Delhi provides one the opportunity of being of service to lawyer colleagues from across the country.

    As a salutary reminder of the role of time and chance, along with human effort, I have this quote from Ecclesiastes written in my personal notebook of quotations:

     “I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all.” 

    On a lighter note, some practice of writing with pen on paper helps in surviving the Advocate-on-Record examination. I had numb fingers by the end of each three-hours long paper!

     Which are some of the areas of law where you have had an opportunity to make a contribution to the evolution of jurisprudence through the matters you have handled so far?

    My practice has been primarily in commercial litigation, involving: appeals to the Supreme Court from the various High Courts; suits and petitions before the IP Division and the Commercial division of the High Court of Delhi; IBC and Company law matters before the NCLT/NCLAT (New Delhi).

    Accordingly, some of the reported judgements that come to mind also pertain to these areas of law.

    The High Court of Delhi decided a trademark matter where interpretation of the prior-use defence under S.34 of the Trade Marks Act, 1999 was at issue. The court explained the operation of S.34 and laid down elaborate tests for the applicability of the section in trademark disputes.

    In another commercial suit, the High Court of Delhi elaborated the law on the intersection of a counter-claim under the Civil Procedure Code, 1908 with the provision for moratorium under S.14 of the  Insolvency & Bankruptcy Code, 2016. 

    The Supreme Court in an appeal from NCLAT, New Delhi under the Insolvency & Bankruptcy Code, 2016 clarified the law that when a large number of invoices are unpaid by the corporate-debtor, and some of these invoices are older than three years, then the whole claim under S.9 cannot be dismissed as time-barred so long as the invoices that are within limitation together constitute the threshold amount for initiating insolvency resolution.

    A matter, somewhat atypical to my usual practice, was recently decided by the Supreme Court. The matter pertained to retrospective appointment of candidates as medical officers in the State of Karnataka. The court dismissed the appeal filed by the State of Karnataka against such retrospective appointments. I had the opportunity to address arguments as Advocate-on-Record and lead counsel for the respondent.

    There are various ongoing matters where interesting points of law are at issue, and where I am looking forward to the eventual pronouncements. It is one of the privileges of being a litigation counsel to have the opportunity to contribute directly to the evolution of the law through arguments addressed in court.

    What advice would you offer to budding lawyers, especially those looking to transition into the legal field from other professions? Are there specific resources or skills you would recommend they focus on to successfully make this shift?

    Law has traditionally been open to and accepting of graduates from many fields through the three-year LLB. courses. This is reflective of the importance that the field of law has placed upon different streams of knowledge and experience.

     It was only after the introduction of five-year integrated LLB. degrees that interested students had the opportunity to join a law college directly after school. I understand that one of the most reputable of such colleges offering five-year courses now also offers a three-year LLB. course open to graduates from various fields. This seems to me to mark the coming of a full circle in legal education. 

    The decision to transition into law ultimately is a personal decision driven by the individual’s aspirations and motivations. A thorough self-examination is necessary to determine these motivations and aspirations. As the Oracle of Delphi says: Know Thyself.

    In terms of studying the law and then practising it, I only remind the interested of the three-step classical formula which, in my subjective opinion, leads to good outcomes: 1) attentive reading, 2) careful reasoning, and 3) lucid communication —both written and oral.

    Litigation can be mentally and emotionally taxing. How has your long-standing involvement in martial arts, particularly its focus on discipline and mental resilience, helped you maintain balance, composure, and clarity under pressure in your professional life?

    I have trained actively and intensively in the martial arts from the age of eight. I hold a black-belt in Karate, and used to teach pro bono in self-defence workshops during halcyon undergraduate days, and also later, when finding free time used to be easier. More than delivering blows it is a particular kind of mental resilience that comes from the practice of martial arts that I encourage people to explore. I have personally found it beneficial in many aspects of life.

    Sports generally seem to have a good effect on building discipline and mental resilience. Hobbies too are a great source of engagement, entertainment, and the occasional succour when circumstances may seem too much. In due course everything passes, and it is largely about staying busy and positive in the meantime! 

    Get in touch with Kumar Sudeep –

  • “Knowledge, reputation and success are built slowly, case by case, argument by argument.” – Tejasva Mehra, Practicing Advocate at Supreme Court of India.

    “Knowledge, reputation and success are built slowly, case by case, argument by argument.” – Tejasva Mehra, Practicing Advocate at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With almost a decade of experience and an established practice today, what initially inspired you to pursue a career in law? Was becoming a lawyer always part of your plan, or did you come to it gradually over time?

    I decided to pursue law relatively early in life because I always felt a deep desire to do something meaningful for the society at large and to create a real impact. I grew up witnessing my mother devoting 16 to 18 hours of her day in public service. I would wake up every morning to find our drawing room full of people who had come to discuss their concerns and problems. Watching her tirelessly listen to them and help them find a way forward left a profound impression on me. It taught me the value of empathy, responsibility and standing up for others.

    Although I am a first-generation lawyer and had no direct access to the legal world, I was fortunate to interact with some of the finest lawyers in the country. I was always in awe of their distinct personalities and eloquence, their command over the law, awareness of the social issues and the sheer force of conviction with which they carried themselves. Their work inspired me and somewhere deep within, I knew this was the path I wanted to pursue. 

    But perhaps what sealed my destiny was my Nanaji, who always dreamed of seeing me as a practicing lawyer. He was a great admirer of Sh. Nani Palkhivala, and he often spoke of his brilliance, his courtroom charisma and the respect he commanded. That admiration became a seed that grew within me. It aspired me to follow in the footsteps of those who use the law not just as a profession but as a powerful instrument of change. 

    After completing your law degree, you pursued a Master of Laws (LLM) at the University of California, Los Angeles, specializing in Entertainment, Media, and Intellectual Property Law, along with Pretrial Criminal Litigation. What motivated you to choose UCLA and these specific specializations? How did your education there differ from legal education in India, and were there any challenges you faced during the application process?

    I chose to pursue Intellectual Property and Entertainment Laws for my master’s because these areas of law have an increasing global importance and have a universal character, often protected and harmonized through mutually signed international treaties. Its global relevance and increasing demand particularly appealed to me. 

    I chose Criminal Pretrial Advocacy as my minor because I have always been deeply interested in understanding the criminal justice systems across different jurisdictions. It gave me an insight to the jury system followed in the US and for our assignments, I also got a chance to visit the LA County Superior Court to witness trials of the ongoing cases. 

    As for my choice of UCLA School of Law, the decision was significantly influenced by the advice of my Guru, Hon’ble Justice A.K. Sikri. He guided me to prioritize the strength of the faculty of an institution. UCLA offered exactly that – an exceptional faculty with real world experience, especially in the fields of IP and Entertainment Laws. Being located in the heart of Hollywood, UCLA provides unparalleled access to professors who have worked with major studios and production houses, offering a practical and industry-oriented education. It also offered unique networking and internship opportunities. 

    In terms of education, there was a significant difference from India. I felt that the curriculum and teaching at UCLA emphasised more on critical thinking, in depth research and practical application than the rigid curriculum followed in India. The lectures at UCLA were more interactive with active participation of the students, critical analysis and continuous assessment through assignments, mock trials and presentations. Also, the strictness towards plagiarism is something which I feel needs to get implemented in our Indian education system. 

    The early stages of a lawyer’s career often shape one’s understanding of the law. Looking back at your journey, whether as a legal researcher/ law clerk under Justice A.K. Sikri at the Supreme Court of India or as a Legal Associate at Shakti Vahini NGO, what are some of the pivotal experiences that helped form the foundation of your legal career?

     I feel blessed and honoured to have worked under Justice A.K. Sikri as his law clerk/ legal researcher. The experience was not just professionally enriching, but deeply transformative on a personal level as well. Other than the fact that I got to work on some of the most sensitive and high profile cases at the time, I learnt a lot about being humble in life and honest towards your work. Justice Sikri carries a rare blend of deep legal wisdom and an open inquisitive mind. Despite his towering stature in the legal field, his extremely hectic and intense work schedule, he was always approachable and would often encourage a discussion and be open to an independent thought. He fostered an environment where I felt valued and confident even though I was fresh out of law school. I truly believe that my time working as a judicial clerk under Justice Sikri was the perfect start to my legal journey – a rare combination of rigorous legal work, inspiring mentorship and invaluable interactions. My time working under him really helped me boost my confidence and learn the most important lessons of life – work hard and be humble. 

    As I said, I always wanted to serve the society and make an impact, Shakti Vahini helped me to achieve that and the experience I got was profoundly transformative. Shakti Vahini is working towards strengthening women and child rights in India. During my tenure working at Shakti Vahini, I got an opportunity to work on several cases involving minors who were trafficked in Delhi from all parts of the country and exploited for prostitution, child labour and child marriages. I provided legal assistance and representation to these victims once they were rescued and also got an opportunity to be a part of various rescue operations, their counselling sessions and rehabilitation process. I also engaged in legal research and authored papers assessing the shortcomings in our legal system and proposed reforms aimed at making the justice system more efficient, accessible and sensitive to the needs of these minor victims who are extremely vulnerable. I had just returned from the US after completing my masters when I decided to commit my time to pro bono work and got this opportunity. This was a real eye-opener. It reshaped my perspective and exposed me firsthand to the disturbing realities faced by society’s most vulnerable, deepening my commitment to justice and reform. 

    During your time as a Senior Associate at Rajiv Mohan Law Offices, you were involved in high-profile criminal cases. Could you share some of the most challenging aspects of handling one such complex case, particularly with respect to the legal intricacies of laws such as the IPC, NDPS Act, PC Act and PMLA?  

     During my time working under Sh. Rajiv Mohan, I received hands-on training in the nuances of criminal trial practice which included right from preparing for bails, arguments on charge to crafting effective cross-examinations and strategically developing a defence throughout the course of a trial. I also got an opportunity to work on appeals in several high profile cases where the accused were convicted of most heinous offences. His meticulous approach to each stage of a criminal case gave me an invaluable foundation in trial advocacy. One of the most enriching aspects of this experience was the open discussions and brainstorming sessions every evening. The evenings before witness examinations were spent drafting and refining questions often dictated by him with great precision and purpose. It was during these sessions that I truly grasped the art of cross-examination. He often emphasized: “Always know what not to put to a witness.” That single line has stayed with me and shaped the way I think about courtroom strategy. His deep knowledge of medical jurisprudence added another layer to the learning. As a former Senior Special Prosecutor, he brought with him a rare insight into how the prosecution builds its case which helped me learn how to analyze a case not just as a defence lawyer, but from the perspective of the State as well. This dual perspective greatly sharpened my analytical abilities. Mr. Rajiv Mohan also mentored me in navigating cases involving special statutes and complex areas like bail under NDPS Act for commercial quantity or under PMLA, helping me understand how to overcome the stringent twin conditions laid down under Section 37 and 45 respectively. Additionally, as the jurisprudence around the PMLA was evolving at the time, he explained the developing bail laws and the strategic nuances involved in those cases. 

    Among all the cases, it was the murder trials or appeals that intrigued me the most. Observing and participating in the cross-examination of eye witnesses, medical and forensic experts, and investigating officers gave me a deep appreciation of how facts, law and courtroom psychology converge in a trial.The four years that I spent working under Mr. Rajiv Mohan taught me that in the courtroom, it is not just about law, it is about human behaviour, precision and above all, preparation.

    Would also like to mention and thank Mr. Abhimanyu Kampani for playing a pivotal role and trusting in me.

    Having worked with various legal entities, what ultimately drove you to establish your own legal practice? What challenges did you face when starting out, and how did you overcome them?

    Starting my independent legal practice was undoubtedly one of the toughest decisions I have made in my professional journey. In the legal field, there is no clear benchmark that tells you when the “right time” to branch out on your own has arrived. I feel in our profession the decision is highly personal and often requires you to look inward, trust your instincts and take a leap of faith.

    For me, the decision came after a lot of careful thought and self-assessment. I was fortunate to have built a decent clientele base and had secured a couple of clients on retainer basis, which provided a much-needed cushion of financial stability. This base was extremely important because it gave me the confidence that I would not be starting from absolute scratch as I had work that could sustain me as I navigated the uncertainties of independent practice.

    That being said, the journey has not been without its hardships. There were times when I was appearing only two-three times a week in contrast to two-three times a day while I was working with Mr. Rajiv Mohan. There were moments of real struggle and self doubt. However, I have come to realise that the only way forward is to believe in yourself, stay honest and work hard. 

    I firmly believe that the support of one’s family, particularly that of my mother and my wife has been absolutely crucial. Their unwavering encouragement, emotional support and constant belief in my abilities have provided me with the confidence and clarity needed to pursue this challenging path. Their presence has not only been a source of personal reassurance but has also allowed me to remain focused and resilient at times of professional uncertainties.

    Another major factor that encouraged me to take this step was my appointment as a Legal Aid Counsel on the Sessions Court panel with Delhi State Legal Services Authority (DSLSA). I genuinely feel that this appointment was a game changer. Not only did it allow me to gain access to a wide variety of cases including many heinous and high-stakes matters but it also gave me the invaluable opportunity to serve those who truly needed help but lacked the resources to hire legal representation. Representing underprivileged litigants added a new dimension to my practice and brought a deep sense of purpose to my work.

    Looking back, I realize that starting my independent practice was not just a professional move but it was a test of belief in myself. At some point, you have to back yourself, trust in the foundation you have built and have the courage to step into the unknown. It hasn’t been easy but it has been deeply rewarding.

    In cases involving the Prevention of Children from Sexual Offences Act (POCSO), what are some of the most significant challenges you’ve encountered while addressing the complex legal aspects of such sensitive cases?

    Defending a POCSO (Protection of Children from Sexual Offences) case is extremely challenging and demands high emotional quotient. One of the primary reasons is the statutory reverse burden of proof under Section 29 of the POCSO Act. This provision presumes the guilt of the accused once certain foundational facts are established, thereby shifting the burden onto the defence to disprove the allegations. This is a significant departure from the general principle of criminal law where the burden of proof always lies on the prosecution to prove the guilt beyond resoluble doubt. As a defence lawyer, this reversal requires you to strategize your case very differently which means every piece of evidence, every inconsistency and every contradiction must be highlighted with utmost precision.

    Moreover, POCSO cases involve victims who are minors and that brings its own set of sensitivities and responsibilities. Cross-examining a child witness is one of the most delicate tasks a lawyer can undertake. Unlike regular cross-examinations where a more aggressive or confrontational approach may be employed to test the credibility of a witness, here, you have to strike a fine balance. You must be extremely respectful and gentle in your demeanour while still being assertive enough to bring out inconsistencies, contradictions or improbabilities in the testimony. It requires a heightened level of alertness which means that you need to listen very carefully to the nuances of the child’s statements, their body language and the overall circumstances under which they are testifying. Further, courts are also far more protective of minor witnesses, and rightly so. Thus, every question must be carefully framed, keeping in mind the emotional and psychological vulnerabilities of the child. Working on such cases requires not just sharp legal skills but also a great deal of emotional intelligence, patience and empathy.

    As Senior Panel Counsel for the Union of India, you’ve represented various ministries before the Delhi High Court in several legal proceedings. What are some of the most complex legal issues you’ve faced in this role, and how do you manage the intricacies of government representation?

    My appointment as a Senior Panel Counsel is a relatively recent and significant development in my career. It also marks my formal debut into civil litigation. Most of the matters I handle in this role are service-related cases i.e. disputes pertaining to appointments, promotions, transfers, disciplinary actions, pensionary benefits and other service related disputes involving government employees.

    Engaging in civil litigation, particularly service matters, brings with it a whole new dimension of legal practice. These cases require a deep understanding not only of legal principles but also of administrative procedures, departmental rules and government policies. Preparing for these matters involves careful scrutiny of service records, government orders, circulars and applicable service rules. Every case demands a meticulous approach. What makes this responsibility even more serious is that, as a Senior Panel Counsel, I am representing the Government of India and hence it carries immense responsibility and expectation. Every appearance, every submission and every argument must reflect the highest degree of professionalism, preparedness and integrity because it is the sovereign that you are representing. You are expected to defend the government’s actions wherever they are legally sustainable and also to fairly advise when a case ought to be conceded or settled in the interest of justice. 

    One of the unique aspects of this engagement is the presence of departmental officials from the concerned Ministry or Department who are often present to assist during the preparation and hearings. Their assistance is invaluable as they provide important background information, factual clarifications and access to departmental records which might otherwise be difficult to obtain in regular litigation. At the same time, as counsel, I have to exercise independent judgment in assessing the strength of the case, guiding the officials and ensuring that the position taken before the court is legally tenable. This new role has been both challenging and exciting.

    With your background you’re committed to serving the people of India in alignment with the principle of ‘Satyameva Jayate.’ How do these values influence your approach to legal advocacy? Additionally, what advice would you give to aspiring young lawyers who hope to achieve similar success in the legal field?

    In a profession where the pressures are immense and the temptations to take shortcuts can be strong, staying true to the pursuit of truth ensures not only professional integrity but also personal satisfaction and long-term success. Hence, my belief in the principle of “Satyamev Jayate” (which translates to “Truth Alone Triumphs”). It is the very foundation upon which I approach every case, every client interaction and every argument in court.

    To all young and aspiring lawyers, my sincere advice is simple yet uncompromising: there are no shortcuts in this profession. Legal practice demands a tremendous amount of patience, perseverance and hard work. Knowledge, reputation and success are built slowly, case by case, argument by argument.

    Be humble, Be honest and work hard. 

    With your demanding professional commitments, how do you maintain a healthy work-life balance and prioritize your personal well-being while managing such a wide range of responsibilities?

    Maintaining a healthy work-life balance is something that is crucial, especially in a profession as demanding as law, where we have frequent long work hours and constant deadlines. It is essential to understand that while dedication to your work is important, your well-being is the foundation that supports everything else including your performance, your relationships and your long-term success.

    To be honest, at this point in my career, I have not been able to maintain the kind of balance I would ideally want. Building an independent practice, handling sensitive matters and representing clients to the best of my ability have often meant that personal time, fitness and mental relaxation have taken a back seat. However, with time and experience, I have realized that burnout is real, and without consciously making space for your own health both physical and mental it becomes difficult to sustain the level of excellence we all aspire to achieve. I am now committed to prioritizing myself and my well-being more consciously which means setting clearer boundaries. I recognize that nurturing my health is not just good for me but also essential for the quality of work I deliver.

    Get in touch with Tejasva Mehra –

  • “My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession.” – Akshay Srivastava, Advocate-on-Record at Supreme Court of India.

    “My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession.” – Akshay Srivastava, Advocate-on-Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Having built a successful legal career and currently being an AOR, what initially inspired you to pursue law? Was there a defining moment that confirmed your decision to embark on this profession? Additionally, how did your experience at Symbiosis Law School Pune contribute to shaping your legal journey?

    Honestly, law was not my first choice. I initially wanted to join the army as I was into sports and athletics. However, nobody in my family has been in the forces and everyone I had or looked up to was a professional working in different areas. My parents are entrepreneurs and my elder brother had already chosen IT and Engineering sector, which was considered very rewarding then. I had the option of wanting to do something different and got all the support from my family. By class 12th I ended up eliminating the army option. I had narrowed down my choices to business administration or law. Back in 2011 law was still a lesser-known option for students and there was some novelty in the prospects of joining a law school. At that time, I was lucky because one of my cousins had joined RGNUL, Patiala in 2009, and I also got some very positive feedback from him regarding the subjects for the course. Few of my very good friends had also started their preparation for law entrance in class 11 and an interaction with them, and looking at the past law school entrance test papers interested me enough to sit for these exams. I ended up writing a couple of these exams and joined Symbiosis Law School, Pune, which was the best decision I ever made. Symbiosis played an instrumental role in shaping my journey. The kind of exposure I got there by interacting with people from different backgrounds, participating in moot court competitions and other extracurriculars really helped me grow both personally and professionally. 

    As you began your legal career, what were some of the key learning experiences that shaped your path? Starting as an Associate with a litigation office, what were the pivotal moments and challenges that were faced by you?

    Despite my urge to sound positive and encouraging, I must admit that the initial years were quite tough. As a first-generation lawyer in a new city, everything felt overwhelming—getting nervous before every matter, second-guessing my drafts, worrying about whether my seniors would approve, etc. But I was lucky to have some great mentors who have been very supportive and have led by example to instill in me the values and importance of consistent hard work, developing an eye for detail and being clear in thought and words.

    After transitioning to another firm and handling a variety of cases, including landmark Supreme Court cases for homebuyers, could you share your experiences from these cases? Specifically, what challenges did you face while representing homebuyers, and how did the judgment/order, particularly regarding the definition of homebuyers as ‘financial creditors’ under the Insolvency and Bankruptcy Code, affect their rights?

    After working for almost a year at the office of a Senior Advocate, I moved to PSP Legal in 2017, where my legal career really picked up pace. At PSP we handled a lot of cases for aggrieved homebuyers across the NCR region. When I had joined in 2017, the prevalent option with the homebuyers was to go under the consumer protection regime. However, the process had its own limitations where although the homebuyers were successful in obtaining decisions in their favour, yet there were constraints in having them executed against the real estate entities. Needless to say, we faced tremendous opposition from the real estate players to refuse enforcement, often citing poor financial health of the sector as a whole. 

    We had also explored other legal remedies where criminal proceedings were also initiated on behalf of the homebuyers against a few promoters of the real estate entities for their criminal actions where all monies of the homebuyers had been siphoned off for their personal gain. 

    The laws around insolvency and its application to the real estate sector were still evolving at that time. However, we took charge and had initiated IBC proceedings against several established real estate players. Again, there was severe resistance against these actions, and the proceedings were dragged across several forums (NCLT, NCLAT, Delhi High Court and Supreme Court) in a relatively small amount of time, and we were fortunate to represent the homebuyer interests in all these proceedings. 

    The big breakthrough came when the Supreme Court confirmed that homebuyers are financial creditors under the IBC, in Pioneer Urban Land and Infrastructure Limited & Anr. v. Union of India &Ors. (2019). In this case we faced an initial setback as the Supreme Court had stayed all NCLT proceedings under IBC against the real estate builders initiated by the homebuyers. Finally, this judgment came as a big relief for the homebuyers and the homebuyers were confident in initiating similar proceedings across the country. 

    The whole journey (which is still ongoing), involving working non-stop in preparation for days, has been very rewarding. The cause of the homebuyers has become something very close to my heart, as some of our clients had put in their entire life savings and were left with nothing—not even legal clarity on how to fight back. To play a small part in their betterment, and in the development of the law was very satisfying. These cases also put a spotlight on PSP’s practice in this niche area of law. 

    With your extensive experience in both arbitration and real estate law, how do you foresee the future of these areas evolving, especially considering the continuous changes in regulations and legal developments?

    In real estate law, there is still a lot of uncertainty especially with conflicting court rulings on similar issues. Whether it is RERA or the Consumer Protection Act, we also have to deal with situations where there are overlapping remedies under different legislations, and it becomes an important factor for advising on solutions to a particular legal problem. However, considering that the legal framework in the sector, especially under RERA, is still nascent, we are hopeful that critical issues (like construction of stalled projects, issues with banks disbursing loan amount directly to the builder without any due diligence and enforcement of the orders/directions) would be ironed out soon.

    Arbitration has a lot of potential, but it is still expensive and not as efficient as it was designed to be. There is a lot of talk about India becoming a global arbitration hub, but we have got some ground to cover in terms of legal reforms and meeting the practical challenges.

    Another big challenge is enforcement/execution of decisions, which is native to both real estate law and arbitration. Even after you win a case, enjoying the fruits of the decision can take years. The Supreme Court’s judgment in Periyammal (Dead) Through Lrs & Ors.  v. V. Rajamani & Anr. Etc. (2025) is a step in the right direction as it has brought much needed reform and accountability in how lower courts/tribunals handle execution matters. However, how these directions are carried out into actions by the executing courts (especially in the face of shortage of judges and court staff, and judicial pendency) is something which we must look out for.

    Becoming an AOR is a significant achievement. What motivated you to take the exam, and what steps did you take to prepare and succeed? How has becoming an AOR enriched your legal practice?

    The AoR exam and the system of representation only through AoRs has a reputation of its own—and rightly so. I found the exam to be tough, mostly because you need to know the procedural aspects of law inside out, and it requires you to write longhand answers, which we are not used to any more after college. 

    What pushed me was the desire to have a separate identity at the Bar. As a first-generation lawyer, becoming an AoR felt like a major personal and professional milestone. Initially, as I was slowly getting familiar with the practice at the Supreme Court, I realized that being enrolled as an AoR would be a good value addition to my career and would give me a foothold towards perhaps setting up my own practice in the future. 

    The preparation for the AoR exam takes time so you must be consistent towards digesting the mandatory reading material, including study several landmark judgments which are part of the exam syllabus. However, I liked the process of preparation as it makes you pause and revisit several fundamental concepts, particularly for understanding procedural law and constitutional law principles, which are often missed out in the humdrum of day-to-day practice. It also helps in being updated with the recent developments in several topics of law.

    Since qualifying, I have noticed a positive difference in how clients and colleagues perceive my work and me as a lawyer, which is very encouraging.

    Can you discuss your experience of appearing and arguing before the Supreme Court in a case where the Court directed the CBI to place before it an action plan to probe the nexus between banks and real estate developers? What were the key legal challenges, and how does this ruling impact the protection of innocent homebuyers?

    This litigation battle started during the pandemic in 2020, when homebuyers were facing a double-edged sword: while the builders were delaying the delivery of units on time, and the banks were also aggressively trying to recover against the home-loan amounts. The homebuyers were faced with a very peculiar situation that although the banks had disbursed more than 70% of the sanctioned loan amount directly to the real estate builders, and progress in construction of the projects was barely significant. This left the homebuyers in a situation where they do not have their homes (and often paying rent for their current accommodation) and also having to repay the EMIs of their home loans. 

    We first approached the Delhi High Court, which granted interim relief in early 2022 but ultimately, we lost the battle before the Delhi High Court. Later, the litigation reached the Supreme Court in 2023 after the High Court dismissed the petitions and the SC not only extended the protection but also rightly appreciated the issue and ordered the CBI to investigate the possible builder-bank nexus.

    The biggest challenge was to highlight that this was not just a legal issue—it was a human one as thousands of families were suffering. Thankfully, the Court took a balanced view. It did not rush to conclusions but made it clear that if any wrongdoing is found, action would be taken against the builders and the concerned banks. For the homebuyers, this was a huge moment—they finally felt like their voices were actually heard.

    With your diverse experience across various legal sectors and your practice at the Supreme Court, what advice would you give to aspiring lawyers who wish to specialize in these fields? What skills or personal traits do you believe are critical for success in the legal profession?

    My biggest piece of advice would be that do not compare your journey with others. Everyone has their own pace, and there is no single “right” way to succeed in this profession. I believe that one must stay honest, work hard, and be patient. Also in the early years, try exploring different areas of law. That experience will help you figure out where your strengths and interests lie. Lastly, never stop learning—every case file, every court hearing and every client interaction teaches you something new and you should embrace it with open arms.

    Throughout your distinguished career, how have you managed to maintain a healthy work-life balance? What advice would you offer to others trying to balance their professional goals with personal responsibilities?

    Balancing work and life in this profession is tricky—it is easy to let work take over everything. For me, weekends and short breaks have been very important in unwinding—whether it is catching up with family, taking a short trip, or just disconnecting for a bit. Apart from all that, what keeps me motivated of late is maintaining a fit and healthy lifestyle, and now I have been an amateur long-distance runner for the past couple of years.

    My advice to others would be that do not wait for a “perfect” time to take a break. Start small—an evening off, a Sunday without work, a mid-week chilling session with college friends—and build from there. Over time, it makes a big positive difference in your overall personality.

    Get in touch with Akshay Srivastava –

  • “My approach to handling high-profile constitutional cases and PILs, particularly those involving the Union of India is grounded in rigorous legal research, collaboration with seniors, and a steadfast commitment to upholding constitutional integrity.” – Sahil Sood, Advocate On Record at Supreme Court of India.

    “My approach to handling high-profile constitutional cases and PILs, particularly those involving the Union of India is grounded in rigorous legal research, collaboration with seniors, and a steadfast commitment to upholding constitutional integrity.” – Sahil Sood, Advocate On Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your impressive and extensive background in law, what initially sparked your passion for pursuing a legal career? Was there a specific moment or experience that motivated your decision, or did your interest gradually evolve over time?

    My passion for a legal career ignited during my early twenties, sparked by a single, transformative experience. I was working a summer job at a local nonprofit when I sat in on a community meeting where a pro bono lawyer was helping a group of tenants fight an unjust eviction. The way that lawyer wielded the law, calmly dismantling the landlord’s arguments with precision and turning a seemingly hopeless situation into a victory for those families, was nothing short of inspiring. 

    It hit me then: the law wasn’t just a set of rules; it was a tool to level the playing field and give a voice to those who might otherwise be silenced. I started reading everything I could about legal precedents and civil rights, and I found myself drawn to the intellectual challenge of untangling complex problems. 

    Law school only amplified that drive, as I discovered the satisfaction of building a case and seeing it through. Over the years, what began as a spark of admiration has matured into a deep-seated passion for using my skills to advocate, solve problems, and uphold justice—whether in the courtroom or beyond.

    Given your varied internship experiences at prestigious firms, how did these formative experiences shape your legal perspective? How did they guide your eventual decision to specialize in arbitration and energy law, which have become key pillars of your practice?

    My internships at prestigious law firms provided a robust foundation for my legal perspective and career trajectory. V. Shekhar Mohan, a distinguished Senior Advocate, was the first in this fraternity to guide me when I was in my first year, mentoring me throughout my five years of college during my internship with him; tragically, his passing during COVID-19 was a profound loss to the legal community, where he had served as a Special Tax Counsel and amicus curiae in numerous matters before the Supreme Court.

    I also interned  in corporate law, where I assisted in drafting agreements and gained insight into the intricacies of business transactions—an experience that honed my analytical skills. Subsequently, I have interned at leading laws firms of India including Khaitan & Co, Amarchand Mangaldas (now Shardul Amarchand and Cyril) , Luthra & Co (Now Split into Luthra and Saraf) specializing in real estate law, where I engaged with property transactions and regulatory frameworks, deepening my appreciation for precision and detail. My most formative experience came during an internship focused on mergers and acquisitions, where I contributed to due diligence and risk assessments for large-scale corporate deals. The intellectual rigor and strategic thinking required in that environment profoundly influenced my approach to problem-solving.

    Upon graduating, I joined the office of the Additional Solicitor General at the Delhi High Court, where I spent several years immersed in high-stakes litigation and advisory work. This role exposed me to complex constitutional and public policy matters, refining my advocacy skills and broadening my understanding of legal systems at the intersection of law and governance. Following this, I transitioned to private practice at leading law firms, where my focus shifted toward arbitration and the regulatory sector, particularly energy and petroleum law. My early exposure to arbitration during internships resonated with me, as I valued its efficiency and resolution-oriented nature—qualities well-suited to the corporate and M&A work I had encountered. 

    In the energy domain, I developed expertise in regulatory frameworks, including the operations of DISCOMs and the tariff-setting processes overseen by electricity commissions, which involve navigating intricate balances of cost, compliance, and policy. These experiences collectively shaped my specialization. 

    The internships instilled a versatile skill set and curiosity for complex legal challenges, while my tenure at the ASG office provided a rigorous grounding in advocacy and public law. Together, they guided me toward arbitration and energy law, which now form the cornerstones of my practice, blending practical dispute resolution with the dynamic regulatory landscape of critical industries.

    Your involvement in assisting senior counsels on landmark constitutional matters and public interest litigation is truly commendable. Could you provide insights into your approach when handling high-profile constitutional cases, particularly those involving the Union of India or challenging critical policy decisions?

    My approach to handling high-profile constitutional cases and public interest litigation, particularly those involving the Union of India or challenging critical policy decisions, is grounded in rigorous legal research, strategic collaboration with senior counsels, and a steadfast commitment to upholding constitutional integrity. Over the years, assisting senior counsels on landmark matters has equipped me with the tools to navigate complex legal frameworks, anticipate executive responses, and advocate effectively for justice.

    One notable instance was my involvement in the Serious Fraud Investigation Office (SFIO) matter concerning Bhushan Steel, where I assisted senior counsel in addressing allegations of financial misconduct involving the diversion of funds through  associated companies. My role included analysing extensive financial evidence to support arguments on corporate accountability within constitutional and statutory bounds—an exercise that demanded precision under intense scrutiny. 

    Similarly, I contributed to arbitrations between the Government of India and other countries, where I helped interpret treaty obligations and domestic laws like the Arbitration and Conciliation Act. These cases often required ensuring India’s sovereign interests were robustly defended, drawing on precedents like White Industries to address enforcement delays, blending constitutional and international law perspectives.

    I’ve also assisted in cases where procedural challenges arose, such as matters before tribunals that could not proceed due to an incomplete quorum. For instance, I worked with senior counsels on disputes where the absence of requisite tribunal members stalled adjudication, requiring us to strategize interim reliefs or push for administrative resolutions under constitutional provisions like Article 14 and 21. These experiences underscored the importance of adaptability and leveraging judicial oversight to address systemic gaps.

    In another significant case, I supported senior counsel in a citizenship matter involving a Pakistani citizen visiting India. This involved dissecting the Citizenship Act alongside Article 14, balancing national security with individual rights. The Rakesh Asthana matter at the CBI was equally impactful. I assisted the ASG involving Sathish Sana Babu in the money laundering case related to the controversial meat exporter Moin Qureshi.

    Currently, I’m engaged in two critical PILs. One seeks approval for regulated stem cell therapy under Article 21, where we’ve achieved a milestone with the High Court granting permission for its use in autism cases. My role involves coordinating with medical experts and advocating for a broader regulatory framework, aligning public health with constitutional rights. 

    The second, still pending, addresses the tragic death of a child due to alleged negligence by GNCTD hospitals and schools. We’re examining lapses in duty of care, drawing on precedents of state liability, and seeking both compensation and structural reforms—though the case remains unresolved due to ongoing proceedings.

    Across these matters, my approach remains consistent: anchor arguments in constitutional doctrine, collaborate closely with seniors to refine strategy, and pursue outcomes that balance individual rights with public interest. Whether addressing Union policies, tribunal delays, or systemic negligence, I aim to ensure the law serves as a robust instrument for accountability and equitable relief.

    What inspired you to take the bold step of establishing your own practice? Was there a particular vision or experience that motivated you to venture into entrepreneurship within the legal field, and how has this decision shaped your professional journey?

    The decision to establish my own practice was a bold evolution, sparked by a wealth of professional experiences and the transformative guidance by the seniors I have worked with. 

    In my early years, Maninder Acharya, Senior Advocate, laid the bedrock of my legal journey. She instilled in me the essentials—ethical practice, thorough preparation, and professionalism—equipping me with the resilience and integrity needed to navigate the initial challenges of a legal career. 

    Later, it is Dama Seshadri Naidu, Senior Advocate and former judge of the High Courts of Hyderabad, Kerala, and Bombay, who inspired me to take the entrepreneurial leap into chamber practice. His mentorship elevated my capabilities, sharpening the advanced skills that now define my independent work. His influence is profound and multifaceted. A seasoned jurist turned advocate, he brought a rare blend of judicial insight and courtroom mastery to his mentorship. Having served on three High Courts, he adjudicated complex constitutional and regulatory disputes, and his return to practice as a Senior Advocate in 2021—arguing before the Supreme Court—demonstrated a fearless adaptability that he urged me to emulate. 

    He saw chamber practice as the ultimate test of a lawyer’s mettle, and he took it upon himself to refine my abilities to meet that standard. He sharpened my drafting skills, insisting on clarity and precision. His feedback was exacting: ‘A good lawyer argues; a great lawyer persuades,’ he’d say, pushing me to craft submissions that were not just sound but compelling.

    He also honed my advocacy skills, emphasizing the art of oral argument. His tenure as a judge had given him an uncanny ability to spot weak links, and he trained me to pre-empt them. Beyond technical skills, he instilled a strategic mindset—how to read a case’s broader implications, a perspective honed from years of authoring judgments. His passion for legal education, evident in his guest lectures at judicial academies  and it inspired me to deepen my own research, ensuring my arguments were rooted in robust precedent and policy. He pushed me to lead these cases independently, refining my drafts to withstand scrutiny and my arguments to drive systemic change.

    Establishing my own practice was the culmination of this journey. Dama Seshadri Naidu’s vision—that a lawyer’s true strength lies in autonomy—aligned with my desire to focus on constitutional advocacy, arbitration, and regulatory reform, passions forged through energy and petroleum law work. His training empowered me to tackle the cases with expert collaboration. 

    This path is demanding—building a practice requires grit—but with his mentorship, it’s become a platform to effect change on my terms, reflecting the excellence he demanded.

    As an Advocate on Record at the Supreme Court of India, how do you navigate complex legal issues in representing clients in arbitration and cases under the Arbitration Act? Can you share examples of particularly challenging cases that tested your legal expertise?

    As a recently appointed Advocate on Record at the Supreme Court of India, I draw on years of handling matters before the apex court to navigate complex legal issues in arbitration and cases under the Arbitration and Conciliation Act, 1996. My approach hinges on a deep dive into statutory frameworks, a strategic grasp of judicial restraint, and relentless preparation to represent clients effectively—whether in arbitration disputes or broader civil litigation. The Supreme Court’s nuanced oversight demands precision, and my role as an AoR amplifies my responsibility to streamline filings and argue with clarity, honed over time through challenging cases.

    One case that tested my expertise was an election matter under the anti-defection law in the Tenth Schedule. Representing a party contesting a legislator’s disqualification, I grappled with interpreting ‘voluntarily giving up membership’ against merger exceptions. Another arbitration matter involved a clause drafted to exclude ‘financial defaults’ from arbitration, limiting remedies to civil courts. I argued under Section 11, citing Vidya Drolia v. Durga Trading Corporation, to sever arbitrable disputes while preserving parallel remedies—a tightrope walk of contract interpretation and jurisdiction.

    An SLP against a Section 37 order under the Arbitration Act posed a steeper challenge. The appellate court had upheld an arbitral award my client deemed unconscionable, and the Supreme Court’s minimal interference narrowed my window. I crafted the plea around ‘patent illegality’ under Section 34, distilling a dense record into a focused argument, testing my ability to balance arbitration’s finality with judicial review. Contempt matters have been equally demanding, especially when my client faced direct contempt. In one instance, a senior official’s public defiance of a court order triggered suo motu proceedings. Defending required navigating the Contempt of Courts Act, securing compliance through apologies, and arguing proportionality—stretching the diplomacy and advocacy under fire. Complex property civil suits have also been a significant part of my practice, often involving intricate interpretations of the Code of Civil Procedure (CPC). 

    Execution proceedings further complicate matters. Enforcing arbitral awards and court decrees—whether against reluctant parties or tangled assets—often faces resistance, like in a case where a decree holder struggled to attach property due to third-party claims. 

    As an AoR, I now channel these lessons into tackling the Supreme Court’s exacting standards, ensuring complex issues—from arbitration to CPC-driven suits—find resolution through rigorous, client-focused advocacy.

    In your experience representing DISCOMs, transmission companies, and PSUs before various courts and tribunals, what are some of the key challenges you face in interpreting and enforcing the Electricity Act, 2003? How do you ensure that your clients comply with its evolving regulations?

    1. Key Challenges in Interpreting and Enforcing the Electricity Act, 2003
    • Unclear Rules and Provisions:   


    The Electricity Act, 2003, aims to modernize India’s power sector by encouraging competition and consumer benefits, but some of its sections—like those governing open access to transmission lines or setting tariffs—are not clearly defined. This lack of clarity often leads to disagreements between companies, regulators, and consumers, resulting in legal battles before courts or tribunals like the Appellate Tribunal for Electricity (APTEL). For example, terms like “non-discriminatory access” can be interpreted differently, creating confusion.

    • Frequently Changing Regulations: 


    The power sector is dynamic, with new rules, amendments, and policies introduced regularly by the Central Electricity Regulatory Commission (CERC), State Electricity Regulatory Commissions (SERCs), and the Ministry of Power. For instance, requirements like renewable purchase obligations (RPOs) or grid stability standards evolve over time. Keeping up with these updates is tough, especially when court rulings may not yet reflect the latest changes, leaving companies uncertain about compliance.

    • Financial Struggles of DISCOMs:


    Many Distribution Companies (DISCOMs) face significant financial losses due to high operational costs, unpaid bills, and subsidies they must provide. This financial strain makes it challenging to invest in infrastructure upgrades or meet regulatory mandates under the Act, such as reducing losses or adopting new technologies. Transmission companies and PSUs also face pressure to balance profitability with public service obligations.

    1. How Compliance is Ensured
    • Staying Updated with Changes: 


    Companies must actively monitor updates to the Electricity Act, regulatory notifications, and judicial decisions. This involves reviewing orders from CERC, SERCs, and government policies to ensure their operations align with the latest requirements.

    • Relying on Expert Guidance: 


    Legal and technical experts play a key role in interpreting complex provisions of the Act and advising on compliance. For instance, they help navigate tariff disputes or ensure adherence to open access rules, reducing the risk of penalties or legal challenges.

    • Training and Awareness: 


    Regular training programs for employees—covering topics like regulatory obligations, renewable energy targets, or consumer rights—help ensure that staff understand and implement the Act effectively. This is especially important for frontline teams dealing with customers or grid operations.

    • Strategic Planning and Execution: 


    Companies develop long-term plans to meet mandates, such as integrating renewable energy sources or reducing transmission losses. This might involve upgrading infrastructure, improving billing systems, or securing funds to address financial gaps, ensuring they comply with both the letter and spirit of the Act.

    1. By addressing these challenges with proactive measures, DISCOMs, transmission companies, and PSUs can better navigate the complexities of the Electricity Act, 2003, and its evolving framework

    You’ve represented a diverse range of clients, from builders and road contractors to energy companies. What are the most significant legal hurdles these industries face, particularly in terms of contract disputes, compensation claims, and force majeure events especially during challenging times like the pandemic?

    1. Contract Disputes
    • Construction Industry (Builders and Road Contractors): 
      Contract disputes often arise due to delays in project timelines, cost overruns, or disagreements over scope of work. For instance, builders may face conflicts with clients or subcontractors over incomplete payments or quality of materials, while road contractors deal with government agencies disputing milestones or penalties for delays. Ambiguities in contract terms—like unclear deadlines or variation clauses—frequently escalate these issues.
    • Energy Companies:
      DISCOMs, transmission firms, and PSUs often encounter disputes over power purchase agreements (PPAs), tariff adjustments, or delivery obligations. For example, a DISCOM might argue with a generator over pricing during low demand, while transmission companies face disputes with contractors over infrastructure delays. Rigid contract terms can complicate renegotiation during unforeseen events.
    1. Compensation Claims
    • Construction Industry:
      Builders and road contractors often file compensation claims for additional costs incurred due to delays, such as extended equipment rentals or labor expenses. However, proving entitlement to compensation is tough—clients or government bodies may reject claims citing inadequate documentation or failure to mitigate losses. During the pandemic, claims surged due to halted work, but proving the extent of loss was a hurdle.
    • Energy Companies:
      Energy firms, especially DISCOMs, face compensation disputes with consumers or suppliers. For instance, consumers may demand refunds for outages, while generators seek payments for idle capacity during low demand (e.g., pandemic lockdowns). Regulatory caps on tariffs and financial distress often limit their ability to settle claims, leading to prolonged litigation.
    1. Force Majeure Events (e.g., Pandemic)
    • Construction Industry:
      Force majeure clauses—covering events like natural disasters or pandemics—are critical but often poorly defined in contracts. During COVID-19, builders and contractors struggled to invoke these clauses to excuse delays or seek extensions, as clients argued that pandemics weren’t explicitly listed or that mitigation wasn’t attempted. Courts had to interpret whether lockdowns qualified, creating inconsistency in rulings.
    • Energy Companies:
      Energy firms faced similar challenges. For example, DISCOMs saw demand plummet during lockdowns, triggering disputes with generators over “take-or-pay” obligations in PPAs. Invoking force majeure was contentious—generators argued it didn’t apply to payment duties, while DISCOMs cited revenue losses. Regulatory interventions, like moratoriums, added complexity to enforcement.
      1. Common Challenges Across Industries
    • Proving Causation and Loss: Both sectors struggle to link delays or losses directly to events like the pandemic, requiring detailed evidence (e.g., timelines, financial records) that’s often incomplete.
    • Cash Flow Strain: Compensation delays or disputed payments worsen financial pressures, especially for contractors and DISCOMs already operating on thin margins.
    • Regulatory Uncertainty: Shifting government policies—e.g., pandemic relief measures or tariff revisions—create confusion, making compliance and dispute resolution harder.
    1. Addressing These Hurdles
    • Clear Contracts: Drafting precise terms for scope, timelines, and force majeure events reduces ambiguity.
    • Documentation: Maintaining robust records of delays, costs, and mitigation efforts strengthens claims.
    • Negotiation: Early dialogue with counterparties can resolve disputes before they reach courts.
    • Legal Expertise: Engaging specialists helps navigate complex regulations and precedents, especially during crisis.

    With your vast exposure to both national and international legal practices, what advice would you offer to aspiring young legal professionals who wish to pursue complex commercial litigation, particularly in sectors like infrastructure, energy, and regulatory law?

    Advice for Aspiring Legal Professionals

    1. Build a Strong Foundation in Core Skills

    • Master Contract Law:
      Commercial litigation in infrastructure and energy hinges on contracts—whether it’s construction agreements, power purchase agreements (PPAs), or regulatory tariffs. Understand how to draft, interpret, and challenge contract terms, especially clauses like force majeure, liquidated damages, and termination rights.
    • Sharpen Research and Analysis:
      Cases in these sectors often involve technical details (e.g., grid stability, project delays) and evolving regulations. Develop the ability to dig into statutes like the Electricity Act, 2003, or international standards like FIDIC contracts, and connect them to case facts.
    • Hone Advocacy Skills:
      Whether before courts, arbitral tribunals, or regulators like CERC, persuasive communication—both written (pleadings) and oral (arguments)—is key. Practice clarity and precision to stand out.

    2. Specialize Early, but Stay Versatile

    • Pick a Niche
      Focus on infrastructure (e.g., roads, real estate) or energy (e.g., renewables, DISCOMs) to build expertise. These sectors have unique challenges—land acquisition disputes in infrastructure or tariff battles in energy—that reward deep knowledge.
    • Understand Regulatory Law:
      Regulatory bodies (e.g., SERCs, NHAI) heavily influence these industries. Learn how they function, their rules, and how judicial review works (e.g., APTEL rulings). This sets you apart in litigation involving policy interpretation.
    • Adapt Internationally:
      Global projects often use frameworks like FIDIC or involve cross-border disputes. Familiarize yourself with arbitration under ICC or UNCITRAL rules, as infrastructure and energy cases increasingly go international.

    3. Get Hands-On Experience

    • Work with Firms or Seniors:
      Join a law firm or assist a senior advocate handling commercial litigation in these sectors. Exposure to real cases—say, a road contractor’s delay claim or a DISCOM’s tariff dispute—teaches practical nuances no textbook can.
    • Engage with Tribunals:
      Shadow or clerk at forums like APTEL, NCLT, or arbitral panels. You’ll see how technical evidence (e.g., project timelines, financial losses) is argued and adjudicated.
    • Take on Pro Bono or Small Cases:
      Early in your career, handle smaller disputes (e.g., consumer energy complaints) to build confidence and courtroom experience.

    4. Understand the Business Side

    • Learn the Industry:
      Litigation isn’t just about law—it’s about the client’s world. Study how infrastructure projects are financed (e.g., PPP models) or how energy markets work (e.g., renewable integration). This helps you craft arguments that align with commercial realities.
    • Think Beyond Winning:
      Clients value solutions—settlements, renegotiations—that save time and money. Develop a problem-solving mindset alongside litigation skills.

    5. Stay Ahead of Trends

    • Track Policy Shifts:
      Laws and regulations evolve—think renewable energy mandates or infrastructure funding schemes. Read government notifications, industry reports, and case law updates to anticipate legal challenges.
    • Embrace Technology: 
    • AI tools, e-courts, and data analysis are transforming litigation. Learn to use them for research, case management, or presenting evidence.

    6. Build Resilience and Networks

    • Prepare for Complexity:
      These cases can drag on for years, involve multiple parties, and demand stamina. Cultivate patience and attention to detail—success often lies in outlasting the chaos.
    • Network Actively:
      Connect with peers, industry experts, and regulators at seminars or bar associations. Relationships open doors to mentors, clients, and insights into sector-specific disputes.

    Given your extensive involvement in both procedural and strategic aspects of legal representation, how do you successfully balance the demands of appearing before high courts, tribunals, and arbitration proceedings, while also maintaining a fulfilling personal life?

    1. Prioritize and Plan Strategically

    • Case Management:

    Handling high courts, tribunals (like APTEL), and arbitration proceedings requires juggling tight deadlines and complex preparations. Prioritize tasks by urgency and impact—focus on filing deadlines or key hearings first, delegating research or drafting where possible. Use tools like case management software to track schedules across forums.

    • Time Blocking:
      Reserve specific hours for court appearances, client meetings, and strategy sessions, while carving out non-negotiable personal time—say, evenings for family or mornings for exercise. Planning ahead ensures neither sphere is neglected.

    2. Leverage a Strong Support System

    • Professional Team:
      Rely on junior advocates, paralegals, or associates to handle procedural filings, initial drafts, or evidence collation. For example, while arguing a tariff dispute before a high court, delegate tribunal paperwork to the team. This frees up mental bandwidth for strategic thinking.
    • Personal Network:
      Lean on family or close friends for emotional grounding. A quick dinner with loved ones or a weekend getaway can recharge you, making it easier to return to a contentious arbitration with focus.

    3. Master Efficiency Without Sacrificing Quality

    • Preparation Discipline:
      High-stakes forums demand thoroughness—whether it’s mastering a construction delay claim for an arbitration or a regulatory challenge in a tribunal. Develop a streamlined process: skim key documents first, then deep-dive into critical issues. This saves time while keeping arguments sharp.
    • Travel Smart:
      Frequent appearances across cities mean travel. Use downtime—flights or train rides—to review briefs or unwind with a podcast, blending productivity with relaxation.

    4. Set Boundaries and Protect Personal Time

    • Say No When Needed:  
      Decline non-essential commitments—like an extra case with a tight deadline—if it risks burnout or family time. For instance, after a grueling week at the Supreme Court, politely defer a new client pitch.
    • Unplug Regularly:
      Switch off work calls or emails during designated personal hours. A Sunday hike or movie night without interruptions can feel as rewarding as winning a case.
    • Take Short Trips:
      Whenever you get a breather—say, a long weekend or a gap between hearings—plan a short trip. A quick drive to a nearby hill station or a day by the beach can refresh you, offering a mental reset from the grind of legal battles.

    5. Integrate Passion and Purpose

    • Find Meaning in Work:
      Strategic wins—like securing compensation for a road contractor or defending an energy company’s tariff—can be energizing. When work feels purposeful, it’s easier to justify the long hours and stay motivated.
    • Personal Fulfilment:  
    • Pursue hobbies or causes outside law—gardening, mentoring students, or charity work. These outlets provide joy and perspective, balancing the intensity of legal battles.

    6. Stay Physically and Mentally Fit

    • Routine Matters:
      Long days in court or arbitration can drain you. Exercise (even a 20-minute walk), eat well, and sleep enough to sustain energy. A sharp mind wins cases and enjoys life.
    • Stress Management:
      Techniques like meditation or journaling help process the pressure of a lost motion or a tough cross-examination, keeping you steady for both work and home.

    Get in touch with Sahil Sood –

  • “While I entered tax litigation because of its unique mix of corporate and courtroom work, I stayed because of the intellectual challenge, the unpredictability, and the sheer excitement of the practice.” – Deepak Thackur, Advocate on Record, Supreme Court of India and Director at Lumiere Law Partners.

    “While I entered tax litigation because of its unique mix of corporate and courtroom work, I stayed because of the intellectual challenge, the unpredictability, and the sheer excitement of the practice.” – Deepak Thackur, Advocate on Record, Supreme Court of India and Director at Lumiere Law Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    As an Advocate-on-Record before the Supreme Court of India, with a deep understanding of procedural complexities and a strategic approach to complex tax disputes, what motivated you to pursue a career in law initially? How did your experiences at Rajiv Gandhi National University of Law, Punjab shape your journey?

    Like many first-generation lawyers, my journey into law began more by chance or perhaps, more accurately, by a process of elimination. In school, I took Physics, Chemistry, and Mathematics with the intention of joining the defence forces, particularly the Air Force. However, due to imperfect eyesight, that option was ruled out. The next conventional choice at the time was engineering, but I was certain that it was not for me. Around that time, a family friend who was studying at GNLU introduced me to CLAT. I found the course material interesting and developed an instant liking for law. At that stage, there was no deep-seated motivation but just a practical decision that I had to pursue something meaningful.

    My time at Rajiv Gandhi National University of Law, Punjab, turned out to be an enriching experience. Coming from a small town with a near Hindi-medium schooling background, adjusting to law school, where extroversion is often applauded, was challenging at first. But RGNUL had an intellectually stimulating environment that instilled in me the desire to work on myself. More importantly, I had an amazing group of friends who, in their own ways, taught me valuable lessons. All of this collectively fostered my analytical skills and deepened my appreciation for the law.

    One of the most impactful moments of my time at RGNUL came during our convocation, which was chaired by Justice T.S. Thakur. One of my dearest friend received three gold medals, and just like that scene in “3 Idiots”, I found myself feeling a mix of happiness for my friend and regret for not achieving the same. Then, Justice Thakur delivered a speech that, to this day, remains with me. He acknowledged that while some students had won gold medals, many had not but that did not determine success in the legal profession. He emphasized that success in law comes from following the Five Ps: Patience, Perseverance, Persistence, Passion, and Practice. It felt as if he was speaking directly to me.

    That moment reinforced something I have carried throughout my career. While my initial decision to study law was incidental, my time at RGNUL cemented my passion for the field and gave me the clarity to pursue litigation. Looking back, I can say with confidence that law, whether by chance or choice, turned out to be the right path for me.

    During the early stages of your career as an Associate, what key experiences stood out that deepened your legal understanding and influenced your decision to specialize in tax disputes?

    My interest in tax law started during my internship at a tax litigation firm. Tax litigation has a unique mix; it allows you to work on complex corporate matters while also experiencing the thrill of courtroom advocacy. That combination intrigued me and ultimately led me to choose tax as my area of practice.

    During the early years of my career as an Associate, I had my fair share of lessons, some humbling and others eye-opening. One incident, in particular, stands out. I was working on a case where I advised a client purely from memory. I have always had a strong recall, and in my overconfidence, assumed I knew the provision perfectly. I overlooked the fact that tax laws change frequently. The client later pointed out an amendment that completely changed the position I had advised on. It was a moment of realization that no matter how confident you are, never rely on memory alone. That experience taught me the importance of always verifying the law rather than depending on recollection. From that day on, I made it a habit to double-check and stay updated.

    I was fortunate to start my career under the guidance of Mr. Pramod Kumar Rai and Mr. Puneet Agarwala, both of whom have been incredible mentors. Their approach toward juniors is something I try to imbibe today. They never raised their voices or scolded but always guided with firm yet encouraging clarity. One of the most valuable lessons they taught me was to always stay updated on the law, no matter how busy the day gets. Even today, my mornings begin with reading legal updates because I learned early that in tax law, staying current is non-negotiable.

    Another crucial lesson I learnt was that litigation is unpredictable. You can never be too certain about what will happen in court. Early on, like many young lawyers, I sometimes assumed that a matter would be adjourned and did not prepare as thoroughly as I should have. That assumption was short-lived when, in one of my cases, I almost got a dismissal order. My senior gave me an advice that has stayed with me: “Deepak, always come to court as prepared as if you are arguing Keshavananda Bharati. So that when you ARE arguing a matter that big, you are ready.” That advice changed my mindset. From that day forward, I never walked into a courtroom unprepared, no matter how small or routine the case seemed.

    I remember another incident where my senior asked me to find a judgment on a potential question that might be raised by the judge. The request came late at night, and like any junior, I was frustrated about the timing and wondered why I was working on hypothetical scenarios. Still, I burned the midnight oil and managed to find the answer. The next day in court, the very first question the judge asked was the one my senior had anticipated. Because we had the answer ready, we moved past it smoothly. That experience taught me two things: (1) litigation, at times, is like war. Be a good soldier and follow the command of your seniors, and (2) some things come only with experience. Stay humble and keep working.

    Looking back, those early years were filled with invaluable lessons; some learned the hard way, others through the wisdom of my mentors. I learned that confidence must always be backed by diligence, that preparation is non-negotiable, and that every case, no matter how minor, deserves serious effort. While I entered tax litigation because of its unique mix of corporate and courtroom work, I stayed because of the intellectual challenge, the unpredictability, and the sheer excitement of the practice.

    Having cleared the AOR exam on your first attempt, what challenges did you face during your preparation, and how has earning the AOR title impacted your practice and professional growth?

    When preparing for the AOR exam, the biggest challenge is time management. Most advocates taking this exam are full-time practitioners, managing court appearances, client meetings, and drafting work daily. Finding the time to sit down and study consistently is easier said than done.

    In my view, the AOR exam does not fall into the category of being extremely difficult. The concepts are straightforward, but the real challenge lies in the sheer volume of material that needs to be covered. The questions are not the kind that one encounters in daily practice, so prior experience alone is not enough. There are no shortcuts. You have to go through the prescribed material, cover to cover.

    Another challenge is structuring answers effectively. The questions in the AOR exam are often lengthy, yet the time to answer them is limited. In litigation, we are used to explaining arguments in detail, but in this exam, brevity is the key. Answers need to be crisp, precise, and well-structured, striking a balance between conciseness and completeness.

    But perhaps the most underrated challenge is ‘writing’ the exam itself. We have become so accustomed to typing on laptops and dictating drafts that writing for hours at a stretch feels almost unnatural. The AOR exam requires handwritten answers, and I remember struggling with writing speed and endurance. I even had to practice writing answers just to get my hand used to it again.

    Clearing the AOR exam was a significant milestone. It wasn’t just about earning the title but because of the journey. The process of preparing for it deepened my understanding of procedural law and reinforced the importance of consistency. It has allowed me to take greater responsibility in Supreme Court matters and strengthened my credibility as a litigator. The efforts it took to clear the exam was worth it, and the experience has helped me grow in the profession.

    Given the demanding nature of your profession, what methods do you employ to unwind and strike a healthy balance between your professional duties and personal interests?

    The practice of law, especially in the field of tax litigation, is undoubtedly demanding. My work takes me to the Supreme Court, High Courts, and Tribunals, often involving travel to different cities. The long hours and unpredictable schedules can be exhausting, but I genuinely love what I do. At the same time, I also recognize that longevity in this profession comes from accepting that you are not a machine. Law as a profession requires your undivided attention. No human being can be attentive all the time and if you are burnt out, in a way you are doing disservice to your client. So, learning when to pause and step back is much needed, which is of course easier said than done in our profession.

    Work-life balance is highly subjective. For me, unwinding is not about carving out large chunks of time. It varies from reading to watching a movie or playing on PlayStation or simply just relaxing with the family. Recently, it has been my two-year-old son who eagerly waits for me to come home and play with him. Those moments are priceless, and no matter how hectic the day has been, I make sure to come back home and play with him. Also, the travel, though often work-related, also becomes an opportunity to explore new places, even if just briefly, which helps in breaking the monotony. 

    What are some of the most common tax-related challenges that businesses and entities typically encounter, and what proactive strategies or best practices can they implement to minimize or avoid these issues?

    In my experience I have seen that: department rarely accepts a tax position without questioning it. In most cases, the authorities argue that the company has suppressed facts, misrepresented details, or acted fraudulently, even when the issue is merely a difference in interpretation. This often turns a straightforward tax position into a protracted legal battle.

    At the same time, I’ve also seen companies take tax positions that are legally untenable by relying on interpretations that have already been rejected by courts or positions that are directly contrary to statutory provisions. What’s surprising is that many of these decisions stem from well-meaning but flawed sources such as random internet searches, AI-driven answers, or informal advice from non-experts. While technology has made information more accessible, it has also made misinformation more widespread. A company’s tax strategy should never be based on a ChatGPT response or a Google search alone as it needs professional scrutiny.

    To minimize these challenges, businesses should adopt a proactive approach. Some examples would be: 

    • Regular tax reviews and audits: Companies should periodically review their tax positions with professionals to ensure compliance with evolving laws and precedents. Instead of relying solely on online sources, businesses should consult experienced tax advisors who can provide tailored, legally sound guidance.
    • Document everything: A well-documented tax position, backed by legal provisions, case laws, and expert opinions, strengthens a company’s defense in case of a dispute. Further, intimate the tax position to the Department so that they cannot allege suppression of facts. 
    • Stay updated on legal developments: Tax laws are constantly evolving, and staying informed through professional updates, industry discussions, and expert opinions is crucial.

    Tax disputes are inevitable in business, but a well-informed, strategic approach can significantly reduce litigation risks and ensure compliance while optimizing tax positions effectively.

    With the continuous evolution of tax regulations, how do you see the future of tax law shaping up? What advice would you offer to aspiring lawyers interested in tax litigation, and could you recommend any resources to help them stay updated on the latest developments in the field?

    Tax law is evolving rapidly, and while the Government is making an effort to create business-friendly policies and curb unnecessary litigation, anyone who has dealt with the tax department knows that tax disputes are far from over. The tax department, by its very nature, is litigation driven. No matter how much simplification is introduced, the nature of taxation itself ensures that litigation will always be a part of the system. 

    For anyone looking to build a career in tax litigation, one thing is non-negotiable i.e. you must stay updated. Tax law is not static. It is shaped by frequent amendments, evolving judicial interpretations, and shifting departmental positions. The best way to develop expertise in GST or indirect taxes is to go back to the roots by reading landmark judgments under Excise, Service Tax, VAT, and CST. Many of the key issues under GST today are not entirely new and have their roots in Excise, Service Tax, VAT, and CST because GST is essentially a conglomerate of these laws. A strong foundation in these older tax regimes will give a deeper understanding of GST and help in tackling complex issues that arise today. Understanding how courts ruled on classification disputes, valuation issues, and input tax credits under the old tax laws will provide a strong foundation for handling similar issues under GST.

    For staying updated, there are plenty of sources available online such as Taxscan, Taxsutra, and GSTSutra provide daily updates, case summaries, and expert opinions. It can be overwhelming as the updates are repetitive; to avoid that one can opt for GSTR journals as it captures the most relevant cases and amendments. 

    Get in touch with Deepak Thackur –

  • “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    After over 13 years of experience in representing clients in disputes, through arbitration and court proceedings, can you tell us what initially inspired you to pursue a career in law? What motivated you to establish your professional journey in this field?

    My initial outlook towards law was fraught with ignorance – in school, one never saw it as an option. Law opened up as a career when I fortunately received admission into National Law University, Jodhpur and decided to join on my parents’ insistence. As time passed and as my studies progressed, having already been a voracious reader, I became drawn to the intellectual challenges and problem-solving aspects that the legal profession offers. I realised that law pervades almost every aspect of life and society which leads to learning new and interesting things every day. Once I graduated, the satisfaction of being the means for clients to secure their rights provided (and still provides) the drive for my legal practice..   

    Having gained substantial experience at law firms such as Phoenix Legal, and Tuli & Co., how has your approach to dispute resolution evolved over time? What unique perspectives have you brought to Revera Legal in your current role as Partner?

    Over the years, my approach to dispute resolution has evolved from a purely academic and legalistic approach to a more holistic and practical one. I have come to realize that effective dispute resolution requires not only a deep understanding of the law but also a keen awareness of the commercial and practical realities facing my clients. I believe in taking a proactive and solution-oriented approach, working closely with my clients to develop strategies that not only achieve their legal objectives but also align with their business goals. At Revera Legal, I have brought this perspective, along with my extensive experience in handling complex commercial disputes, to provide our clients with comprehensive and commercially sound legal advice and representation.   

    You’ve handled high-profile arbitration cases, including disputes in an LCIA-administered arbitration. What legal strategies did you employ to address the complexities of fraud and misrepresentation allegations in international arbitration, and how do you navigate challenges arising from differing governing laws and jurisdictions in cross-border disputes?

    Proving fraud requires demonstrating that the person committing fraud acted with intent to deceive, which can be difficult to establish through evidence in a civil trial. Fraud cases often involve intricate fact patterns and transactions, making it challenging to present a clear and concise case to the arbitral tribunal. In arbitrations involving fraud and misrepresentation, I therefore focus on building a strong evidentiary foundation. This includes meticulous document review, financial analysis, and engagement of forensic experts if needed. I also carefully analyse the arbitral tribunal’s procedural rules and the applicable law to tailor my arguments. In cross-border disputes, navigating jurisdictional and governing law issues requires a thorough understanding and crafty application of conflict-of-laws principles. In fact, as I speak, we are currently preparing for a potential dispute which presents an interesting conflict between Indian and US jurisdictions

    In the case of National Insurance’s claim against Chubb European Group under a  reinsurance policy, what challenges did you face when representing the insurer before the National Consumer Disputes Redressal Commission?

    The National Insurance case presented a unique challenge as to whether the scope of consumer disputes includes reinsurance disputes. To address this, our team at the time. I  focused on demonstrating that the reinsurance policy in question was not being used for commercial purpose but rather a means for National Insurance to protect itself from significant losses that may affect its bottomline in the event that it settles a large insurance claim. The challenge was that to an untrained eye it would appear that an insurer, being in the business of providing insurance, was simply leveraging its reinsurance cover for receiving heftier premia in its insurance policies. We drafted submissions based on the specific terms of the policy and reinsurance notes, IRDAI regulations governing reinsurance in India, industry practices, , and relevant case law to show that obtaining a reinsurance policy is not used for generating profit but rather acts as security for unforeseen losses to the insurer. A final decision in the matter is pending I believe and I hope that the foundation that we created in the case years back, leads to the Hon’ble Commission ruling that an insurer is a consumer of reinsurance coverage and therefore can file a consumer complaint against its reinsurer.

    Drawing from your experience in providing pre-arbitration strategic advice for a FIDIC-based contract with the Ministry of Defence, what are the critical considerations when preparing the client for such disputes and future arbitration proceedings?

    A fundamental strength of FIDIC contracts is their emphasis on clearly defining and allocating risks between the employer and the contractor. When advising on FIDIC-based contracts, I first emphasize proactive contract management to mitigate potential disputes. This includes ensuring clear documentation of all project-related communications, adherence to contractual timelines and procedures, and prompt identification and resolution of any ambiguities or disagreements within the framework provided by the contract. However, should the case proceed to arbitration  the focus always remains on building a strong case file,  which needs in depth identification, analysis and organization of evidence much prior to invocation., Successful claims (or counter-claims) in such an arbitration and often depend on lawyers efficiently and accurately synchronizing and linking timelines, technical evidence and contractual provisions before formulating the statement of claims or defence.

    Your commitment to fostering diversity within the legal profession is admirable. How do you ensure that aspiring lawyers receive the mentorship and opportunities needed within your firm? What key qualities do you look for when mentoring young lawyers, and what guidance do you offer them as they navigate their legal careers?

    At Revera Legal, we are committed to fostering a diverse and inclusive work environment. We provide aspiring lawyers with mentorship opportunities, training programs, and challenging assignments to help them develop their skills and advance their careers. When mentoring young lawyers, I look for qualities such as intellectual curiosity, strong work ethic, and empathy with a client’s position. I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice. Irrespective of personal or professional difficulties throughout their career, lawyers must foremost ensure that their client’s best case is presented.

    Given the demands of your career and leadership position, how do you personally manage to maintain a work-life balance? Additionally, how do you encourage your team to prioritize a healthy work-life balance while excelling in their professional roles?

    Maintaining a work-life balance is crucial for both personal well-being and professional success. Though this appears to be a difficult endeavour in the practice of law, which requires constant attention, reading and mental exertion, do attempt and encourage proper time management,  and distribution of responsibilities amongst the team to the extent possible. Lawyers are always doing a lot of heavy lifting, whether in court practice or transactional negotiations. In such a situation, having a  flexible work environment, rewards and recognition for achievements and drawing boundaries between work and personal life ensures sustainable growth in the profession. 

    In your view, what role will technological innovation play in shaping the future of the legal profession, particularly in the areas of arbitration and dispute resolution?

    Technological innovation is transforming the legal profession as I knew it at the inception of my career, and I believe this trend will continue to accelerate. In arbitration and dispute resolution, we are seeing the rise of online dispute resolution platforms, the use of artificial intelligence for document drafting and review as well as the adoption of virtual hearings by courts throughout the country. I also see that several lawyers and esteemed judges have altogether stopped using paper, instead using tablets and laptops in court, all of which are helpful in organizing, reviewing and carrying voluminous files, and are certainly friendly to the environment. In fact, I believe even notarial services are now being offered online, which are helpful when parties are located in far flung jurisdictions or locations. These innovations have the potential to make the dispute resolution faster, more efficient, cost-effective, and accessible. I am excited to embrace these advancements and leverage them in my firm and practice.

    Get in touch with Ishaan Chhaya –

  • “The ability to work hard, good recollection capacity, vivacity, positive attitude are what I feel some of the most important qualities for a litigation lawyer” – Nishant Kr. Srivastava, Advocate-on-Record at Supreme Court of India and the Founder & Managing Partner at Actus Legal Associates & Advocates.

    “The ability to work hard, good recollection capacity, vivacity, positive attitude are what I feel some of the most important qualities for a litigation lawyer” – Nishant Kr. Srivastava, Advocate-on-Record at Supreme Court of India and the Founder & Managing Partner at Actus Legal Associates & Advocates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    As an Advocate-On-Record (AOR) and with over a decade of experience in the field of law, what initially inspired you to pursue a career in law, and how did your passion for the legal field evolve over the years?

    Honestly speaking, it was destined for me to become a lawyer! I had been a Civil Services aspirant after my Graduation and had also reached till the Interview stage the Civil Services Exam (CSE) conducted by UPSC. In 2005 I joined Law Centre-II (at that time evening classes at Atma Ram Sanatan Dharma College) of the Faculty of Law, University of Delhi, Delhi during the later period of my CSE preparations. However, in the same year I once again cleared the Prelims and had to write my UPSC Mains and the dates coincided with my First Semester Law exams and I had to make a choice. I chose the UPSC Mains over the law exam and so did not attend the law classes resulting in shortage of attendance and my not being able to fill the form and appearing in the exams. 

    Later on in 2009, I again joined the Faculty of Law, but this time the Campus Law Centre (CLC), Faculty of Law, University of Delhi, Delhi. 

    Coming from a relatively small city i.e., Gorakhpur (UP), I, for the first time, realised during my preparation period in Delhi that law is just not only a respectable career option, but also Delhi is the best place for anyone who has no other support system/ a first generation lawyer, apart from her/his own hard work and competence. 

    Also, from the college days, my friends used to tell me that I was good at communication- both oral as well as written, and once my attempts at CSE were over in 2006, I was faced with a grim situation and I was required to find a career option, where I could utilise my strengths to support my choice of career. And at this time law as a carrier option looked to me as the best career option, looking at my ability to study for long hours (honed during my CSE preparation days) and a good communication skills, especially in English, and having my earlier small brush with the study of law made the decision to pursue law as a career option a forgone conclusion. 

    In the early stages of your career, you worked with trial court seniors and also managed your independent practice, handling cases across all the three tiers of the courts in Delhi-trial, High Court and the Supreme Court of India. What were the most valuable lessons you learned during this phase that helped shape your career path?

    In my 2nd year at the CLC became the Student Convenor of the Seminar & Discussion Society of the CLC, apart from being one of the Student Editors of the Delhi Law Review (DLR), the renowned Journal published by the Faculty of Law, University of Delhi, Delhi, and I was also one of the Student Convenors of the Legal Aid Society of CLC. This gave me enough exposure and opportunity to meet and initiate an informal conversation with some of legal legends and top jurists of the country. It was during those discussions and interactions, I realised that being a first generation lawyer, I must know the basics and go for an organic growth and progression in my career- from trial works to appellate works. When all my Batchmates were planning to join some of the top lawyers and chambers in the Supreme Court and the High Court, I was searching for a good trial court senior, by the time I completed my course.

    Building a career in litigation can be challenging, especially as a defense lawyer dealing with white-collar crimes. What were the initial obstacles you faced, and how did you navigate and overcome them to establish yourself in this competitive field?

    Usually in any case involving allegations of a white collar crime, the accused is a well to do person having all the facilities, including a battery of lawyers. In such a scenario, initially it was difficult to make such risk aversion taking people to convince that I can handle their case well and have the requisite competence and skills, however I think what worked for me was the fact that in the courts whenever I was acting as a defense counsel, even in smaller cases, I used to give my 100% and used to put more hard work than many of the established lawyers would have put. This became noticeable not only to the Presiding Officers, Additional Public Prosecutors, Niab Courts and the police officials, but also to the litigants waiting for their cases to be called. This gave me visibility. Also, I enlisted myself with the South District Legal Aid Society (DLSA-South) in the initial days and rendered my services to the best of my abilities  as a Legal Aid Counsel (LAC) in those matters where the poor accused persons, because of lack of wherewithal, were unable to get good representation in the courts. 

    When handling both ad-hoc and institutional arbitration cases, what core skills and strategies do you rely on? Can you share an example of a particularly difficult arbitration case that you were able to resolve successfully?

    I would honestly say that Arbitration is akin to an exalted Civil Trial. And if one doesn’t have the experience of conducting trials, especially in civil cases starting from drawing up the case from the scratch and skill in cross-examination of witnesses, that is going to be a big handicap for the lawyer intending to succeed in the field of arbitration. Fortunately, I started my career in the beginning years in trial courts, apart from frequent appellate and HC/ SC/ NCDRC works. And this decision to start from the trial courts was only because I was fortunate enough to interact with the stalwarts and who and who of the Indian legal system during my Law Faculty days as the Student Convenor of the Seminar & Discussion Society of the CLC. It was one unanimous piece of advice, as a student of law, I had received from them, i.e., to know the basics and to learn the trial works, especially being a first generation lawyer and an outsider in Delhi. 

    In my first Arbitration case, the seat of which was in Kolkata, West Bengal, before the Ld. Sole Arbitrator Sh. Sushanta Chatterjee (who recently passed away), former Judge Calcutta High Court, where the Respondent had, citing a big theft at their site because of the alleged deficiency of service and dereliction of duty on the part of my client (a Manpower Supplier), had withheld payments of my client. Much depended on the veracity of the story of theft as alleged by the Respondent. At that point of time, my first-hand experience at cross-examination stood in good stead in Kolkata and I was able to show/ expose that the alleged theft never took place and it was a just ploy on the part of the Respondent to not to pay the dues of my client. This clinched the case in my favour and I won the Award for my client.

    In defending clients in cases involving economic offenses, such as those handled by the EOW, CBI, or ED, what do you believe are the key considerations in crafting an effective defense strategy? Could you highlight a case that was particularly interesting to you?

    Usually, and if I may say, invariably, the EOW and CBI has a penchant for filing voluminous chargesheet and enlist 30/50/85 witnesses, if not more. And here there is enough scope of contradictions and loopholes. As a defense lawyer representing an accused, I am not required to prove that my client is innocent beyond reasonable doubt, since the same is the burden of the Prosecution and not the accused. A careful reading of the chargesheet and statements particularly of the key witnesses, gives sufficient points and opportunities to show to the Court that there is difficulty in accepting the case of the prosecution and there are doubts and contradictions and there are two views possible and after that I leave the rest to the Court to decide. In fact in many EOW cases, I have got my clients discharged at the initial stage itself. Obviously, the knowledge about the latest judgment is something, inter alia, which clinches the decision in your favour. In an interesting case being tried u/s 420 IPC, the CBI has summoned on a single day a number of witnesses. The trial had started almost 6/7 years after the case was registered. By that time many witnesses were not traceable and those who had come had shifted to different places outside Delhi and had travelled to Delhi from distant places. That very day, due to the sheer number of witnesses (complainants) and the heavy board of the court concerned, matter was getting adjourned. The witnesses showed reluctance to come again for the examination in chief and cross-examination. At that point of time, I was able to get them to compromise and get their statements recorded. On that single day most of the witnesses compromised with the accused and the case became very weak. Later on, in the cross examination of the few remaining witnesses, I was able to show that the prosecution was not able to prove its case beyond reasonable doubt.

    You are highly regarded for your expertise in matrimonial disputes and family law. How do you view the changing landscape of women’s rights in matrimonial cases, and what are the major challenges you come across while dealing with matrimonial cases?

    Unfortunately, matrimonial disputes are one of the fastest increasing legal disputes in India, at least in Metropolitan cities like Delhi. The ability to adjust and let go of certain things, which at the first place should not have been an issue at all, I am sorry to state, has become more and more scarce these days. Intervention of the family members, especially because of the instant calls and the tendency of the people to “create evidence” has weekend the mutual trust and faith a couple ought to have for any marriage to work. I am happy to see that the Courts in Delhi have become more and more gender neutral, especially in the matters instituted under the various provisions of the Hindu Marriage Act, 1955. The same is the situation in cases instituted under s.144 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) (old s. 125 CrPC). Over implication of the relatives and distant relatives in DV Act matters by the aggrieved are being frowned upon by the Judicial Magistrates. 

    The major challenge, I think, is the lack of cogent and convincing evidence in matrimonial disputes, since most of the allegations pertain to something which had happened within the four walls of the matrimonial home. And this many a time, gives opportunity to a party to level baseless and sometimes ridiculous allegations!  I am also especially sad to see how the children suffer due to the mutual fight between their own parents. I strongly  feel that any lawyer handling such matrimonial cases must be a sensitive person herself/ himself because that is the only thing which might help the litigating couple who are blinded by their mutual distrust and hate towards each other and who would go to any extent to prove that the other person was wrong and he/she has been wronged. 

    As the founder and managing partner of Actus Legal Associates, how do you effectively manage a team of 7-10 lawyers while ensuring consistent performance and a steady flow of work across the firm?

    I believe in self-control and believe that no one can help a person who is not willing to help herself/ himself. So, I always try to make my colleagues and juniors realise that they have to take responsibility and deliver the results. Litigation, among other legal areas of practice and when compared with other areas of practice in law, is very demanding. Only highly motivated people can survive in litigation. 

    I believe in situational leadership and delegation. Once the expectations are clear and one is clear with the facts of the case at hand, I trust my team to deliver the results. Discussions and deliberations and constant evaluation of the progress of the cases we are handling through our own internal mechanism, I think helps us to ensure consistent performance and steady flow of work across the firm.

    For young lawyers aspiring to specialize in litigation, arbitration, or criminal defense in India, what advice would you offer? What key skills and personal qualities do you believe are essential for success in these areas of law?

    Your this question is precisely the same question, which as a law student and the Student Convenor of the Seminar & Discussion Society of the CLC, I used to ask the Legal Luminaries, since I was one coordinating and inviting those Supreme Court and High Court Judges and the doyens of the Bar to the CLC for events, lectures and conferences and many a time, I used to get some free time with these seniors in the profession. Since many of them were alumni of CLC, the chats were pretty friendly. I was told invariably by everyone I had put this question, that I must know the basics and spend some initial years learning trial work, both civil and criminal and this is what I will advise the young lawyers aspiring to specialize in litigation, arbitration or criminal defense in India. 

    Inter alia, the ability to work hard, good recollection capacity, vivacity, positive attitude and what I feel are some of the most important qualities for a litigation lawyer, I also feel that a litigation lawyer must be ready and be there in the court much before the court starts. Being before time, gives sufficient time to once again go through your file, talk to the client and be abreast with facts of the case at hand. Many times, your ability to keep an open mind and not acting only as per your strategy made last evening, just being alive to the requirements and queries of the court, carries the day for you. Ability to network with people outside your profession is also one of the important skills and qualities, I believe are essential for success in these areas of law.

    Looking back at your career, what has been your most fulfilling case, and what were the learning experiences that you’d like to share with us?

    In one of the matrimonial disputes cases, where both the parties had married with each other after their unsuccessful first marriage and had a baby born out of this second marriage, I played a crucial role to ensure that the matter is settled through mediation in which there was no intervention of the families of both the parties. Actually, I sensed during the initial days of my engagement as a counsel for one of the parties that the real culprit for the impasse were the parents of both the parties and the couple were having almost cordial relationship and it was only because of the unintended but damaging interference by the parents from both the sides, the relations had become strained to the extent that one of them had filed a petition for divorce on the ground of cruelty. I impressed upon the Ld. Family Court to send the matter (despite I having been drafted the WS and carrying the same in my hand to the Court) to the Mediation Centre and be taken up under the supervision of the most experienced Mediator and the parents of both the parties be strictly barred from entering the Mediation Room. That worked! The moments the parents were barred from interfering, the couple was able to come to an amicable settlement and resolve their grievances. I am happy to inform you that as on date those warring couples are living happily together with their beautiful child. 

    The experience which I gained here was that a lawyer must also be a good listener, especially in family matters and the best way to resolve a matrimonial dispute is amicable settlement. Dehors the din, usually matrimonial matters are more about small issues generally connected with adjustments and if one is able to point out and target and resolve those small issues, many families may be saved from disintegration and ending up in divorce.

    Get in touch with Nishant Kr. Srivastava –

  • “The legal profession grants creative and financial freedom, but true success comes when one learns to focus on enhancing their lawyering skills without indulging in comparisons.” – Rishi Raj Sharma, Advocate-on-Record at the Supreme court of India and Founder of Law Chambers of Rishi Raj Sharma.

    “The legal profession grants creative and financial freedom, but true success comes when one learns to focus on enhancing their lawyering skills without indulging in comparisons.” – Rishi Raj Sharma, Advocate-on-Record at the Supreme court of India and Founder of Law Chambers of Rishi Raj Sharma.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What inspired you to pursue a career in law, and how did you begin your journey in this field? What motivated you to establish your own practice in 2016, and what challenges did you face in the initial stages?

    Belonging to the family of civil servant, I was influenced by prominent members of legal fraternity who were family acquaintances. When I was around 9-10 years old, my father pursued LLB course from Agra University (though he never practised), which gave me access to judicial precedents that I used to read as bed-time stories. Being academically inclined, I was pursuing the IIT-dream, when I came across Harper Lee’s To Kill a Mocking Bird, which fructified my decision to pursue law. 

    My parents readily agreed to allow me to pursue law with the condition that I get admitted to one of the top law schools. I missed NLSUI-Bangalore seat by a whisker. However, I got selected in almost all other top law schools in country, but decided to join ILS Law College-Pune. During my five-years at law school, I worked hard on academics as well as all extra-curricular and sports activities. During college vacations, I did my internships with law firms, senior advocates, and high court judges for my all-round development as a complete lawyer.

    With an initial focus on work-discipline, I joined Remfry & Sagar, where I had an illustrious career for nearly five years. My memorable tenure at Remfry & Sagar taught my punctuality and sharpened my comprehension skills, which I feel are the key essentials for every good lawyer. Thereafter, for short periods, I joined few other legal offices, law firms, senior advocates, etc. to learn court-craft and get an exposure on the variety of work on offer in the market, and then, I set up my own chamber practice in the year 2016. With my experience, I advise that in our country, the legal profession is structured in a manner that one gets complete creative and financial freedom for work and growth only in self-owned law-firm/chamber practice. However, being a first-generational lawyer, the biggest initial challenge that I faced was handling clients and sometimes the lack of them. My advice to every aspiring and young lawyer is to not indulge in comparative analysis, and instead focus on enhancing the lawyering skills, and success will follow.  

    How did your time working with former Solicitor General Mr. Ranjit Kumar and former Additional Solicitor General Mr. Sanjay Jain shape your legal acumen? Can you share some insights from your time working with them?

    Both these two gentlemen are God’s men, and my two gurus, and legal legends in the true spirit. They have completely different lawyering kills and court-craft, but humbleness and kindness are common to them. When you spend long hours with someone together, especially your teacher/guru, a special bond develops with them. My life is deeply indebted to both of them in a lot many ways. Having worked elaborately with both of them, I say that Ranjit Kumar sir has an orthodox teacher-pupil like approach, where for gaining true knowledge, one has to first completely surrender and unlearn everything. Whilst Sanjay sir has a rather modernized approach, to teach and learn at the same time. 

    Can you share some insights and experiences from handling high-profile cases like Lajpat Nagar Bomb Blast case or the 2G scam?

    My third guru, Uttam Datt sir has taught me that all cases are equally important. The nature of court forum and the nature/gravity of the case should neither cause anxiety/over-keenness, nor deserve any special attention/concession. I do my best in every case and opportunity that lands at my door step. It is the small steps we take on daily basis that prepares us for the one large big step. Certainly, Rome was not built in a day. In my short career of fifteen years, God has been kind enough to provide me the opportunity to be associated with several high-profile cases defining legal jurisprudence in the country. I am grateful to Sanjay Jain sir for providing me with the opportunity to be involved in several high-profile cases such Lajpat Nagar Bomb Blast, 2G scam, and Antrix-Devas. All high-profile cases come with the baggage of voluminous court records and long-sitting hours. The happiness and satisfaction achieved by success obtained in these high-profile cases has no bounds and cannot be measured. 

    What are the unique responsibilities and challenges of being an Advocate-on-Record at the Supreme Court of India? Could you describe a typical day in your life as an Advocate-on-Record, and how do you manage the demands of such a prestigious and demanding role?

    Being an Advocate-on-Record at Supreme Court of India is a prestigious designation for any lawyer. We must understand that Supreme Court is the final frontier for all litigation disputes, and therefore, the biggest responsibility and challenge faced is to meet the expectation of clients. With the court hearings being conducted via hybrid mode – physically/virtually, and considerable infrastructure development, appearing before the Court has been made easier for the lawyers as well as the litigants. However, for listing of the case, one has to coordinate with the Registry, which since past few months has not been functioning at optimal level. Though the silver lining in the dark clouds is that some changes are lined-up, and we can expect things to improve in near future. 

    My chamber-practice is very structured and organized. Having an efficient and loyal clerk like Anand-ji helps.  We are planned/prepared in all our cases a week before the court-date, courtesy which I am able to appear before two-three different courts in a day. In my initial days of practice, I would be working 15-16 hours a day. However, things have changed post-COVID. Now, as opposed to the general practice of law chambers starting work post 4:00 pm, I start my work day at 7:30 am, and try to finish the major drafting work by 9:30 am. Courts are attended to from 10am to 4:30pm. The time available between court hearings is spent on reading case files, legal research, client meetings, etc. After court hours, 5:00pm to 6:30pm is spent on preparing for the next day or some client meetings. Unless there are some urgent pressing work commitments, I do not attend to any office work after 7:00pm. On a daily basis, 30 minutes is specially dedicated on reading the latest judicial precedents as bed-time reading.   

    As a legal advisor to media companies and projects like the documentary series “HUNT FOR THE INDIAN MUJAHIDEEN”, how do you balance creative freedom with legal compliance?

    Contrary to popular belief, the only role lawyers play in media and corporate houses is to red flag possible legal hurdles and issues, and suggest ways to avoid any hurdles/issues by making changes in the document, script, characterization, dialogues, nature of depiction / representation, drafting / vetting agreements/ NOCs / disclaimers etc. with the objective of retaining the creative freedom for the artists, who are essentially your clients. The final outlook of the visual content created and the market reception of the same is not in domain of the lawyer, whose job is to be handle and avoid all legal objections / possible legal objections from all sections of the society. This is relatively easier for fictional works, but for documentary works a lot of time is spent verifying the sources, whilst the problematic areas from lawyer perspective are inspirational works and biographical works.   

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

    Litigation practice is a full-time job and serious work. I do not get time for pursuing hobbies and interests. I am immensely fond of reading and playing chess, but it has been a decade since I read a novel or played chess at club-level. All my days are structured and planned about a fortnight in advance. Whatever limited time I get from work, I spend with my family and go out for shopping, movies, social gatherings, temple visits, picnics, long-walks, sports, vacations, etc. During winters, I do play sports like badminton, cricket, and hockey at club-level. As a rule, I keep one day a week exclusively for family. I do cook once a week, which calms my mind.  

    Are there any specific legal reforms or policy changes you are passionate about advocating for, based on your experience in the field?

    My litigation practice is diverse to include civil, corporate and criminal matters, both at original and appellate levels. I strongly believe that the drastic changes need to be made in the judicial system to make it speedier. Justice delayed is Justice denied. We need more competent Judges at District Court level. All civil and criminal trials should be done on day-to-day basis. All cases should be processed chronologically. Hefty costs should be imposed for seeking adjournments. There are numerous judgements by Supreme Court and High Courts on this issue, but in ground reality, things still move at snail pace. 

    What trends do you foresee shaping the future of legal practice in India, and how are you preparing your firm to stay ahead of these trends?

    I feel law firm practice will be way forward. However, independent counsels / people with small chamber-practice will never be out of work. The focus is to keep enhancing the lawyering skills on daily basis. People with top skills are never out of work, be it in any field.  

    As someone with significant experience, how do you approach mentorship and leadership within your firm and broader legal community? What advice would you give to young aspiring lawyers who are just starting their legal careers and looking to make significant impact in the field?

    At this stage, mentorship are big shoes for me to fill. In the past, I have visited quite a few colleges to share my experience with the students. I am accessible to all young lawyers for guidance and advise, and many of them do consult me from time to time. My general advice to everyone aspiring to be a litigation lawyer is to keep head down, learn, work, and be patient for at least 8-10 years. As opposed to other professions, the legal profession requires considerable maturity, compassion, and years of skill and learning. I would suggest them to not compete with anyone or to do comparative analysis or to be influenced by social media influencers, and rather they must try to be a person with substance, and an empty noisy vessel.  

    Get in touch with Rishi Raj Sharma-

  • “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

    “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

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

    Can you share with us your journey from studying mathematics to pursuing a career in law? What inspired this transition?

    After studying mathematics, I developed a strong analytical mind-set and problem-solving skills.  However, I realized my passion lies in using these skills to advocate for justice and navigate complex legal issues.  Inspired by the intersection of logic and law, I pursued a career in law to apply my mathematical aptitude to legal challenges, ultimately seeking to make a meaningful impact in society through the legal profession.

    As a criminal defense lawyer, you’ve handled a wide array of cases, including high-profile ones. What drew you specifically to criminal law, and how do you navigate the complexities of such cases?

    From an early stage, I was drawn to criminal law due to its dynamic nature and the opportunity it presents to defend individual’s rights and ensure fair treatment within the legal system.  In navigating complex cases, I rely on thorough research, strategic planning and a deep understanding of both the law and facts.  Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity.

    Founding “The Chambers of Amit Kumar” in 2007 marked a significant milestone in your career. What motivated you to establish your own legal practice, and what were some of the challenges you faced in the early stages?

    Founding ‘The Chambers of Amit Kumar’ in the year 2007 was driven by my vision to provide personalized legal services tailored to clients’ needs.  Motivated by a desire for autonomy and innovation, I sought to create a platform where I could pursue my passion for law while fostering a culture of excellence.  In the early stages, challenges such as building a client base, managing finances, and establishing credibility were prevalent.  However, through perseverance, strategic networking, and a commitment to delivering exceptional results, I overcame these obstacles and steadily grew our practice.

    Could you walk us through how you approach each case uniquely, considering the legal complexities and ethical considerations involved?

    I approach each case uniquely, recognizing that every situation has its own complexities and ethical considerations.  Just as jewellery cannot be crafted with pure gold alone, cases often carry inherent impurities.  I meticulously scrutinize these imperfections, strategically leveraging them to build a compelling defence.  By identifying and addressing these nuances, I aim to achieve favourable outcomes for my clients while upholding ethical standards.

    With extensive experience representing clients in various courts, including the Supreme Court and the Delhi High Court, how do you ensure effective representation while upholding the principles of justice and fairness?

    In representing clients across different courts, my focus remains steadfast on effective advocacy while upholding the principles of justice and fairness.  This involves thorough preparation, detailed discussions with clients, and adherence to ethical standards.  I prioritize understanding the nuances of each case and presenting compelling arguments based on law and evidence.  By maintaining integrity, respect for due process, and a commitment to equity, I strive to ensure effective representation that upholds the highest standards of justice.

    Advocating for causes such as the petition relating to marital rape demonstrates your commitment to social justice issues. What role do you believe lawyers play in advocating for societal change, particularly in addressing sensitive issues like gender-based violence?

    Lawyers play a crucial role in advocating for societal change, particularly in addressing sensitive issues like gender-based violence.  Similar to doctors, lawyers are often at the forefront of observing societal trends and have the opportunity to raise awareness about important social issues through their daily practice.  With this responsibility towards society, lawyers can leverage their expertise to challenge unjust systems, advocate for policy reforms, and provide support for victims of gender-based violence, ultimately contributing to a more just and equitable society.

    Handling cases involving fraud and corruption, such as the JBT recruitment scam and housing society scam, requires a deep understanding of legal intricacies. How do you navigate through the legal complexities of such cases while ensuring transparency and accountability?

    In navigating cases involving fraud and corruption, I prioritize a meticulous approach that combines through legal analysis with a commitment to transparency and accountability.  This involves conducting extensive investigations, research work, collaborating with experts, and presenting compelling evidence in court.  By upholding the principles of due process and ensuring transparency in all legal proceedings, I aim to pursue justice for my client.

    As someone with a significant breadth of experience in the legal field, what advice would you offer to aspiring law graduates who are just starting their careers, especially those interested in criminal law and social justice advocacy?

    My advice to aspiring law graduates interested in criminal law and social justice advocacy is to stay committed to continuous learning, develop strong analytical skills, and cultivate empathy for your clients and their communities.  Seek out diverse experiences, such as internships, pro bono work, and mentorship opportunities, to gain practical insights and build a robust professional network.  Never compromise with the ethical standards.

    Get n touch with Amit Kumar-