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?
- 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.
- 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.
- 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?
- 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.
- 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.
- 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.- 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.
- 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 –
