AOR

“For me, the beauty of being a lawyer lies in the constant pursuit of excellence and the privilege of contributing to a profession that holds justice at its core.” – Advocate on Record Supreme Court of India and Founding Partner at ARCAS LAW.IN.

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

Your extensive experience and diverse areas of practice are highly admirable. What motivated you to choose a career in law, and what factors influenced your decision to pursue this profession?

Choosing a career in law was a decision driven by both inspiration and a deep sense of purpose. Over the years, my journey in this profession has only deepened my appreciation for its intellectual rigor and dynamic nature. The legal field is an ever-evolving landscape, and even after a decade of practice, I find myself constantly learning and adapting. Whether it’s interpreting new statutes, analysing evolving precedents, or crafting arguments, the law demands a mindset that embraces lifelong growth and curiosity.

What continues to motivate me is the unparalleled opportunity to think critically, solve complex problems, and make a meaningful impact on society. The challenges posed by each case remind me of the importance of staying engaged, asking questions, and honing my skills. This profession is not just about mastering the law but about continuously striving to better understand its nuances and applications in a changing world. For me, the beauty of being a lawyer lies in the constant pursuit of excellence and the privilege of contributing to a profession that holds justice at its core.

After completing your Law degree, what led you to choose the University of Glasgow for your LL.M. in Intellectual Property and Digital Economy? What aspects of this specialization interested you, and how did the university’s teaching approach stand out to you?

After completing my 5 year course from Institute of Law, Nirma University, I started practising before the Rajasthan High Court and gained some valuable experience. It was during this time that I realised that it was the right time for me to devote some additional time towards academics. Since Intellectual Property was my major subject in law school and I had developed a peculiar interest in it I decided to look for universities offering post graduate degree course in this subject. A few major considerations for me while deciding the university were firstly of course the curriculum and the professors but as I started with my list of universities, apart from the above the next few considerations which came were the cost of living and the expenses to be incurred apart from the tuition fee. While I got offers from University of Manchester, Edinburgh and Warwick, I finally selected the University of Glasgow for it having the most advanced course module which dealt with Intellectual Property in Digital Economy. My course included subjects of brand protection, moral rights in copyright which was also the subject of my thesis at the University. 

As far as the teaching pedagogy of the University of Glasgow I should admit that I was literally taken aback in the initial weeks as the classrooms were more of discussions where students coming from different backgrounds used to share their insights and their understanding of the subjects. The professors used to share articles and course materials beforehand and the classes usually happened in a manner where the floor was left open for discussion on the understanding of the subject and for sharing the analysis of the material. A significant part of the discussions in the class was having students from different backgrounds where they would shed light on the laws as in their respective countries. I had the privilege of discussing the Indian IP laws and I should say that some of our judgments particularly on fair use of copyrighted material specially course books and patents applications for generic medicine were quite a hit amongst the class. I believe the type of teaching approach followed at the University was absolutely outstanding as in most of the discussions there were no wrong answers, just observations, analysis and critiques by students which helps in gaining a new perspective, something which cannot be done if the classes are merely discussing the views of the authors. 

As you were starting your career, what were some key experiences that served as valuable learning moments and have stayed with you throughout your journey?

When I had just begun my practise, a very kind senior of mine told me that as a lawyer, its your duty towards the client as well as the Court that you should always be thoroughly prepared, you should know the facts of the case, the applicable substantive and procedural laws and the relevant judgments on the subject. This commitment to diligence has been my guiding principle. One of the most valuable lessons I’ve gained is that no two cases are alike, and each case presents an opportunity to learn and grow. Whether it’s through direct mentorship, observing senior counsel in court, or engaging in discussions with colleagues, every experience has contributed to honing my legal acumen.

These experiences, coupled with the guidance from mentors, have shaped the lawyer I am today, and I continue to carry them with me in every matter I handle.

What inspired you to establish your own practice, Arcas Law? What were some of the early challenges you faced, and how did you overcome them?

This is something I believe every first generation lawyer dreams of the moment they enter the profession. I have been blessed to have worked with some of the most brilliant minds in this profession who were kind enough to not just help me grow but also taught me the nuances of practice of law and more than anything the art of advocacy. I truly and most humbly believe that having a good senior by your side is the single most important thing in this profession. There are numerous occasions where you just want someone to guide you to the right direction and that is what inspired me. I have been closely associated with people who I have seen working very hard in established law offices and firms and I have seen them set up their own offices and that just lit a spark in me that I too wanted to follow their path. Now that I think of it, I just wanted to be like them because I admired them so much. 

Initially, yes there are few things which need attention and once you make the switch from being in an office to having your own office it is only then that you figure them out. I was lucky that my colleagues and staff were very accommodative and adjusted well to the change. From day one in our office we had a few ground rules which I carried forward from my previous office where the work is aptly delegated and divided amongst the staff, we have regular meetings to discuss the ongoing work and to also discuss about the functioning in the office, and all of which helps in streamlining and getting work done at the right pace. 

With your extensive experience as an AOR before the Supreme Court of India and representing high-profile clients such as Mahindra & Mahindra and ICICI Bank, is there one case that particularly stands out as memorable? If so, could you share your experience dealing with that case and how you prepared for it, with our readers?

I have always believed that no matter is ever big or small and that every case or brief deserves the same amount of respect and dedication. As a matter of practise at our office we always strive to strike a balance between the type of cases that we take up, so on one hand while we are dealing with matters relating to commercial interest of companies and other matters involving substantial transactions, on the other hand we also have matters which we take up on pro -bono basis and  more often than not that it is the latter type which always stands out for me in terms of being memorable. 

I can tell you about a few recent ones that our office dealt with and I am very happy to share that in one of them the Hon’ble Supreme Court settled the law with respect to the offense of abetment vis-à-vis the offense of bigamy. In this matter we were appearing for the wife whose husband allegedly got married for the second time. However, the Hon’ble High Court allowing the petition filed by the relatives of the second wife held that bigamy is not an offense of wider amplitude and thus there can be no question of its abetment and allowed the Petition thereby setting aside the summoning order. Interestingly, the Petitioner in this case first approached the Legal Services Committee which rejected her case saying that there are no grounds to interfere with the judgment of the High Court as it is on sound principles of law. 

When the Petitioner approached us we ran through the papers and found that the observations of the High Court were completely uncalled for. We decided to take up the case pro bono and during its preparation our entire office was busy collating judgments and going through commentaries on abetment and bigamy and once we were done we had judgments ranging from 1902 to 2024 covering the subject. We argued our case before the Hon’ble Apex Court and the Bench of the Hon’ble Chief Justice was pleased to note that the observations of the High Court on bigamy were in teeth of the judgments of this Court and further also set the principle that the offense of abetment to bigamy is applicable and can be imposed when conditions are met. 

Similarly we had another case where we were appearing pro bono for a deaf and mute person and our challenge was that the disability of the person cannot be used as a ground to deny him his basic rights. In order to research for the same we went through a lot of literature on sign language and even the different types of symbols & signs and also learnt how the same sign used can have different meanings as this sign language varies in regional languages. I would say it is always the preparation of these cases that is the most memorable part for me.

Given your specialization in Intellectual Property law and the growth of e-commerce and technology-driven businesses in India, how do you envision the future of intellectual property protection in the digital economy?

Every industry player, be it in any kind of industry, wants to make sure that their product or service be associated with their name or mark or their brand and that the customer should not come looking for the service or the product but should come for the name. This is where the role of intellectual property comes in. It is a very vast subject and the implications it can have on one’s business are huge.

The digital economy is characterised by its global outreach which involves innovations at a rapid pace and places huge reliance on intangible assets. Thus, having a robust and strong IP presence is at the heart of every business strategy. 

In this dynamic environment, the most important thing that people or consumers look for is authenticity and trust. Intellectual property is literally the backbone of these attributes as it creates a foundation that allows business to distinguish themselves in this crowded digital marketplace. 

A strong mark creates that bridge of trust between a business and its consumers which is more relevant than ever in the e-commerce era and technology driven sectors as the physical interaction with the product is almost zero and the decision hinges particularly on the reputation and goodwill associated with the brand. 

But when we talk of the future of IP in this digital economy it hinges on and is intrinsically tied to the ability of stakeholders to adapt to new challenges. On one side we have the global reach of the digital marketplace but we also need to keep an eye on the amplified risks associated with IP infringement in the digital space and as we witness the evolution of AI, there is no dearth of methods that can be used to exploit the gaps in IP protection. I would say that any business that takes Intellectual property as a strategic asset will not only be in a position to safeguard its innovations but will also be able to cement its place in the digital economy. 

In your experience with real estate law, what do you believe is the biggest challenge facing developers and homeowners in India today?

I think the aspiration of owning a home contributed a lot towards the development of real estate laws. In fact there was a time when everyday the newspapers used to be filled with advertisements of new housing and commercial projects coming up which would boast about their spacious apartments, extra facilities like gyms, spas, and landscaped gardens. Homebuyers and investors, lured by these promises, poured significant resources into these projects, often viewing them as secure and high-yielding investments.

However, the real estate market is not immune to macroeconomic factors. Over time, rising inflation, increasing construction costs, and growing interest rates created a ripple effect that significantly impacted the financial ecosystem of this sector. One of the most critical challenges that emerged was the cyclical nature of defaults. A delay or default in payments by homebuyers often strained the liquidity of developers, causing them to default on their financial obligations, including project completion. Conversely, when developers failed to deliver on time, homebuyers faced financial distress, particularly those servicing home loans. 

The result is a pervasive sense of mistrust and financial instability, which has triggered a flood of legal disputes between developers and homeowners and the same has thus manifested across various legal forums like consumer commissions, RERA and even NCLT. 

A key challenge that becomes a major issue in the real estate sector is the financial interdependence of buyers and developers. Sometimes delays in payment can cause a domino effect and the entire project suffers. Additionally this sector is also exposed to certain broader economic and policy issues such as land acquisition, inflation, market fluctuation which add to the complexity. 

Another key challenge for developers is navigating the different regulatory frameworks. While legislations such as the Real Estate (Regulation and Development) Act, 2016 (RERA) aim to ensure transparency and accountability, compliance can be burdensome, particularly for smaller developers. On the other hand, homeowners often face the challenge of enforcing their rights in the face of delays, substandard construction, or outright abandonment of projects. For many, the legal process can be daunting, time-consuming, and financially draining.

What advice would you offer to young lawyers who aspire to have a successful career like you as an AOR? How can they best prepare for success in these fields, and what challenges should they anticipate?

The transition from law school to practice can be very overwhelming. Early in the career, lawyers may often feel that the financial returns are not to be commensurate with the effort that is being put in. To all the young lawyers and students reading this I would say patience and perseverance are very crucial in this phase. Litigation demands unwavering commitment, discipline and adaptability. A litigation office often operates like a fire brigade where unexpected challenges arise and immediate action is required. Litigation often involves juggling multiple cases with overlapping deadlines. Time management and prioritization are critical. 

As an AOR, drafting pleadings and petitions is a significant part of your role. Meticulous research and clear, concise drafting can make or break a case. Cultivate the habit of reading judgments critically and understanding the reasoning behind them. At the same time, young lawyers need to work hard to familiarise themselves with the emerging technologies and be savvy with legal research platforms, case management software, e-filing systems, and virtual court proceedings. 

To build a successful career as an AOR or as a lawyer preparation and persistence are key. While preparation will always remain first, the art of presentation is as important. Pay attention to how senior lawyers argue their cases in court. Learn the art of persuasion, and work on your confidence and communication skills. 

Given the demands of your profession, how do you manage to unwind and maintain a healthy work-life balance?

The profession has its perks. Many would agree that as lawyers, we are fortunate to have the benefit of scheduled vacations—once during the summer, once in the winter, and a handful of breaks throughout the year. While our work philosophy is firmly grounded in the “work comes first” principle, we are also mindful of the challenges posed by such a demanding profession. Balancing personal well-being alongside professional responsibilities is essential.

For me personally, travel plays a significant role in unwinding and recharging. I’ve discovered that I am more of a “lazy traveller,” someone who eagerly looks forward to new destinations but ends up spending most of the vacation relaxing, sleeping, and taking it slow. This approach allows me to truly disconnect from the pressures of work and focus on re-energizing myself. Whether it’s exploring a new place or simply enjoying a change of scenery, taking time off helps me return to my practice with a renewed sense of purpose and clarity.

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