This interview has been published by Anshi Mudgal and The SuperLawyer Team
Given your distinguished and extensive legal background, could you share what initially sparked your passion for the law? Was there a particular defining moment or experience that influenced your decision to pursue this path, or did your interest gradually develop over time? Additionally, how would you reflect on your time at NUSRL in shaping your legal journey?
Just like any other student fresh out of school, I was clueless as to what to pursue as a career. In my family, everyone had pursued different areas of interest with Noah’s arc being my grandfather, Mr. Jaluram, who himself was a senior advocate and one of the founding members of the Rajasthan High Court Bar at Jodhpur. He started practicing law in the year 1956 along with legal luminaries and politicians like Nathuram Mirdha and many more. His reputations transcends generations and his social connectivity which initially inspired me to pursue law with added guidance by my elder brother Mr. Chakra Vardhan Singh who introduced me to CLAT. I think the decision to pursue law was innate in me as I always had curiosity to understand the logic behind legality and illegality, law enforcement and its interpretations and checks and balances of the Executive. This inquisitiveness with legacy factor always led my inclination towards pursuing the law.
Reflecting back on my legal journey and role at the National University of Study and Research in Law (NUSRL), Ranchi requires altogether a complete day. It was an exhilarating experience and complete college life I could have asked for. Those five years were not only the blessings but also gave full authority to be responsible and drive my life to the present day. During those five years, with the supportive faculties, we as one of the foundation batches had privilege and autonomy to pursue everything of our interest including Moot, MUNs, Debates, Research, field visits. Though we had privileges, we had our fair share of challenges as well including funds shortage of university, lack of permanent campus initially and ever changing hostel addresses, lack of alumni base and much more. During those five years, classmates became friends who are now family, had kept my interest in the law and to develop the same in times to come. I am so grateful and thankful for each and every one at NUSRL who have in their unique way contributed in the journey. Navigating those five years with such wonderful experiences has been a blessing for the lifetime and have paved my career path.
Following your graduation, you pursued a master’s degree in corporate and commercial law. What motivated you to specialize in this particular area, and how has this specialization influenced the trajectory of your career?
Since I had decided to pursue litigation and more specifically in the field of corporate and commercial law it was imperative to further pursue a master’s degree in corporate and commercial law. Therefore it required special and technical skills, knowledge which would go along with my area of interest and also I joined master’s degree to live college life again. It was a very enriching experience to pursue master’s degree having practical knowledge in hand and at the same time active academic discussions with the faculties. It was also an experience through which I came across other like-minded people from different backgrounds who ultimately helped in getting diverse opinions on certain topics. I aspire for more academic pursuit in the times to come.
Looking back at the early stages of your career, particularly during your tenure as in-house counsel at Wipro, what key experiences significantly enriched your understanding of the law? How did these formative experiences shape the direction and trajectory of your professional journey?
To find myself interning in Wipro with their Consumer Care and Lighting Division was true serendipity for law student like me. It had a very strong impact on trajectory of my career and if given the chance to repeat one experience, my first priority would be interning at Wipro. I had very supportive and informative sessions from legal team of Wipro including Mr. Sudipta Mukherjee (presently in legal counsel at Daimler-Mercedes), Mr. Amit Mathur (presently legal counsel at Amway), Ms. Rovena David (presently legal counsel at Titan), Mr. Vishal Mittal (presently consultant at Tattvika) and Mr. Manoj Jain (Ex- General Counsel – Wipro Enterprises). Admittedly, it was the perk of being the youngest in the team and fresh out of college that these mentors helped in shaping my career and enabling me to take independent decisions.
Each one of them provided me with the exposures at an early stage of my career by sharing their valuable experiences, enabling me to interact with top management and board meetings with a lot of guidance to navigate through the first and foremost phase of my career. Experiences at Wipro has led me to where I am today.
Having worked with several companies in an in-house capacity before co-founding your own firm, what prompted you to establish your own practice? Were there any particular challenges or hurdles you encountered during the initial stages of building your firm?
Our law firm, KAY & Partners is not a result of a recent collaboration but the seeds of this project were planted back in his college days (intentionally or unintentionally). It is a dream of every college friend that they must start something together, so that the life we lived during the college days can be continued. Likewise, Akshay Uppal who was a financial planner for our teams during various intra-University league matches and foods fests also happens to be my business partner now. While the same Kushagra Srivastava who survived the terrors of the monkeys all across our Rishikesh trip is also a partner of the same venture. Harshit Singh Sisodia has been a silent but vigilant actor all around. So it is a college love story which has turned into a marriage for lifetime.
To start any project, everyone faces various challenges, we have had our fair share of challenges. The first and foremost challenge we faced was we all four were having been placed in different cities and it was difficult to initialize and plan the roadmap of the firm. Though it was a challenge but there was an opportunity to get together in hindsight. Another challenge we faced was recurring expenses and financial management, but thanks to the Clients we have they were right on time and till today we are holding onto our clients very close to us.
As an experienced litigator in commercial, civil, and criminal law, what have been the most challenging cases you’ve handled, particularly in the domain of intellectual property litigation and prosecution?
In intellectual property matters, every matter is significant and has importance as such matters directly affects the businesses. IP litigations are technical in the sense that until and unless the lawyer does not understand the nuances of the business, it becomes very difficult to litigate in the IP litigations especially Trademark cases. Lower judiciary needs to be sensitised with IP laws as IP litigations are prominently dealt with by only a few High Courts. It becomes very difficult to explain the dynamic nature and concepts of IP laws at a lower judiciary level.
Apart from this acquisition of trademarks and IP is also one of the aspects which require careful due diligence and one over side may result into imperfect title in the IP rights it is equally important to have the preventive actions in place including trademark watches which should protect the trademark rights before it is being spilled over to another entity-in-interest.
To recall, one of the interesting yet challenging cases was during my stint at one of the companies wherein an allegation in respect of trade dress and design infringement coupled with comparative advertisement and trademark tarnishment was central issue in the litigation. As most of the IP litigations are critical and reputational matters for the marketing team, therefore I had to rigorously understand the marketing side of the case and marketing terminologies, concepts of marketing and financial implications of such litigations. At such a nascent stage of my career though it was exhilarating, I also had my restless moments because of the gravity and potential significant impact that such litigations can have on the businesses. Yet again I am thankful to my mentors who enabled me to navigate through such situations and prepare the matter for litigation.
I would like to share another anecdote wherein an acquisition was on the verge of completion however it had come to our knowledge that the trademark that we were acquiring was an encumbered one. This information was missed by our advising reputed Indian law firm and foreign law firm. This information was of the nature which could have terminated the ongoing acquisition proceedings, but we were able to resolve the situation by taking an expeditious route of rectification of records to perfect the title. All in all I must say all experiences and my mentors have taught me how to be business friendly and be businesses’ lawyer rather than minding my lawyers business.
In your experience handling insolvency proceedings, what alternative dispute resolution (ADR) mechanisms do you typically utilize to guide clients through these complex situations? Furthermore, how do you foresee the future of ADR evolving in the Indian legal landscape?
In my opinion it is important to have an effective ADR mechanism in place in this present complex business conditions. It is imperative for a business to thrive in conducive conditions where quick and simplified dispute resolution mechanisms are placed in by the government. One of such ADR mechanisms which has been introduced by the government is under MSME Act, 2006. MSME Act provides for an MSME facilitation cell which can be very crucial for resolution of disputes pertaining to MSMEs. It is important that such mechanisms are effective only if it gets due attention and supervision from government and Higher Courts respectively. MSME facilitation council, if provided considerable support and due acknowledgement, can result in effective resolution of commercial disputes which in effect decreases the burden of Courts which are otherwise engaged and overburdened with other litigations.
As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms. Achieving such an ambitious yet needful goal, India must have lucrative, speedy and accessible dispute resolution mechanisms. If need arises, Presiding Officers and Arbitrators must be trained to hear and preside over the disputes of specific natures. Additionally, institutional arbitration can play a significant role in such scenarios. It is highly expected from the government and judiciary to promote and develop a conducive environment for evolution of arbitration and ADR mechanism and jurisprudence. Needless to say it would also require efforts from entire legal fraternity including academicians, in house counsels, lawyers, government officers to promote and help in development of jurisprudence around ADR mechanisms in India
What advice would you offer to aspiring law students who aim to follow a career path similar to yours? What skills or qualities do you believe are essential for success in this dynamic and increasingly important area of law?
The first and foremost advice that I would like to give to inspiring law students aiming to follow or pursue a career path in corporate or as in house counsels in the present set of world would be to engage in the internships and training activities with them. It is equally important to make such internships count and have their presence felt in the organization through their work and dedication which should result in the recurring internship and ultimate engagement with the company. Corporates, law firms, lawyers do not expect thorough knowledge of law from a law student, however it is expected from them to be diligent, faithful and updated in respect of the area of law that they are dealing. In this dynamic and increasingly important area of law I believe and recommend for the young graduates and inspiring law students to stay updated, read and read a lot and first understand the business and the requirements of the business or their Clientele. Once they understand the requirement and the nature of the relief/opinion that they (business or Clientele) expect, gravity or urgency of such relief or opinion, it is important to deliver based on such a requirement to their expectation within the set timelines. In this dynamic and increasingly important economic environment it is equally important to deliver the legal services professionally and at par with global standards.
Balancing a successful career with commitments to public service and education is no easy task. How do you maintain a healthy work-life balance, and what advice would you offer to others who seek to strike a similar balance between their professional ambitions and personal responsibilities?
To be honest it becomes very difficult to maintain public services and personal responsibilities and professional ambitions together. As a lawyer one needs to have a healthy work life balance and at the same time be social. Though it differs from person to person what is their mantra for healthy work life balance, we at KAY and Partners have decided that we should not only offer a healthy work life balance to ourselves as the partners but also to each and everyone associated with the firm. It is equally important that due to such search decisions the interests of our clients are not hampered. Effective delegation and supportive team members at KAY & Partners is paramount to my healthy work life balance. I must thank all present and past teammates for their efforts and support to achieve what we have done today.
Thank you.
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