This interview has been published by Anshi Mudgal and The SuperLawyer Team
With over eight (8) years of distinguished experience in the field of law, including being an Advocate-on-Record (AOR), Supreme Court of India, what initially inspired you to pursue a career in law? What was the driving force behind your decision to join such a prestigious profession?
Studying law after school was never on my list; I loved Physics and Mathematics, so I chose “Science with Maths” after 10th grade. Simultaneously, I started preparing for IIT-JEE – a common choice for a Science student. One day, on my way to coaching, a traffic police officer stopped me, checked my documents, and made me wait 30 minutes without assigning any reason. I complied, unaware of my rights and the police officer’s powers. This incident sparked my interest in Political Science and Civics, which discussed the concepts of rights, duties, government, democracy, civil liberties, etc. I discussed this new interest with my parents, who were astonishingly supportive of my shift in career aspirations. In fact, it was my father (not a lawyer) who suggested me to pursue a career in law – a suggestion I was keen to explore. The idea that knowledge of the law could empower individuals became a driving force in my decision to pursue law. My father introduced me to a law student, who apprised me of CLAT and National Law Universities. Thereafter, I appeared for CLAT and secured admission to National Law University, Odisha in 2012—an achievement I deeply cherish.
How has your journey as an advocate evolved, contributing to your expertise and success in the field?
My journey has been both exciting and challenging. Despite being a first-generation lawyer, I’ve been fortunate enough to have great mentors—from college seniors to the seniors in the profession, especially my bosses—who have played a crucial role in shaping my career.
Towards the end of law school, I interned with the Supreme Court team at Karanjawala & Co., a top-tier law firm. I was lucky to secure a job there during my internship, marking the start of my career in law. As a fresher, I gained invaluable experience at Karanjawala —assisting in briefing senior advocates, preparing update emails for clients, managing paperwork, and analysing court cause lists. These foundational skills continue to help me till date. I would like to make a special mention of my senior Mr. Utsav Trivedi (now Managing Partner at TAS Law) for his guidance.
I later joined Luthra & Luthra Law Offices, the team of Mr. Faisal Sherwani, Partner. He was not just a boss, but a true leader—the one who leads by example. Mr. Sherwani has been instrumental in shaping my career and continues to do so. His passion for constitutional law once led to a discussion on the Supreme Court’s judgments on “basic structure doctrine”. This discussion inspired me to prepare for the Advocate-on-Record (AOR) exam. Mr. Sherwani himself is an AOR and I have learnt a great deal from him.
At Luthra, I handled diverse matters pertaining to property disputes, IT laws, motor vehicle laws, IP, and criminal law. I significantly honed my drafting skills during my time in Luthra. However, I always aspired to start my independent practice—an idea fully supported by Mr. Sherwani.
After starting my independent practice, I realized the need to refine my courtroom advocacy. Seeking mentorship, I joined the chambers of a prominent senior advocate, Mrs. Madhavi Divan (former Additional Solicitor General of India), who was kind enough to include me in her team. No discussion on my career trajectory would be complete without mentioning her contributions.
Madhavi ma’am has a strong work ethic and unwavering consistency in preparation and performance. Despite thoroughly reading briefs, I often felt underprepared in conferences with her, as her questions pushed my intellectual limits. Over time, I began following her line of arguments and anticipating her questions. While assisting her in various matters, including arbitration, insolvency, property disputes, constitutional matters, I learned key advocacy skills—when not to speak in court, how to gauge a judge’s mind, restructuring arguments on the spot, etc. Mrs. Divan has been instrumental in my growth, and I continue to learn from her.
Having worked with law firms and a senior advocate, what motivated you to establish your own practice? What were the initial hurdles you faced, and what inspired you to take the leap into independent practice, building a firm that reflects your values and legal expertise?
I think every advocate in dispute resolution aspires to argue before the courts. While working at top-tier law firms, I worked on high-stake matters and assisted in briefing senior advocates but rarely got the chance to argue—rightly so, as I lacked the skills then. However, the urge to start my independent practice never faded. Unfortunately, the demanding law firm schedule left little time to act on it.
Ironically, the Covid-19 lockdown gave me the opportunity to rethink my career path. Instead of picking up a new hobby, my then flatmate, Mr. Siddharth Jain (now my partner in our law firm), and I focused on taking up independent matters. We started by sending legal notices for corporate clients—companies looking for young lawyers who offered quality work at competitive fees. This instilled confidence in some clients, leading to the launch of our law firm, Jain & Saigal Law Offices, in September 2020.
Starting out wasn’t easy. The biggest dilemma was leaving a handsome retainer for complete uncertainty—a tough decision every entrepreneur faces. Renting office space, hiring associates, and managing operations brought hidden challenges we hadn’t anticipated. But our determination and positive attitude helped us navigate the journey and build something we truly believed in.
Starting your career as an associate in law firms and participating in high-profile and landmark insolvency cases must have been a significant learning experience. Could you share some key insights from these cases?
When I had entered into the profession i.e., in 2017, the Insolvency and Bankruptcy Code, 2016 (IBC) was in its early days. The Reserve Bank of India had identified twelve (12) highly stressed corporate debtors—the “dirty dozen”—for resolution under IBC. Given the stakes, litigation was inevitable, with cases reaching the Supreme Court of India to address legislative gaps and uncertainties in the law. Most of the law firms across the country were engaged in these high-profile matters.
My interest in insolvency law developed during law school days, even before IBC was enacted. I closely followed mechanisms like Corporate Debt Restructuring and Strategic Debt Restructuring, introduced after statutes such as SICA, SARFAESI, etc. failed to achieve the intended objective. Naturally, I wanted to work on the insolvency matters, and at Karanjawala, I was fortunate to be involved in cases concerning the “dirty dozen”.
Attending long-hour conferences with clients and senior advocates was invaluable. These conferences made me learn about different perspectives involved in preparing arguments to be presented before the courts. It is not just the provisions of the statutes and their interpretations, or researching the case laws, but also the business’ perspective. In addition to studying the laws applicable, it is equally important for an advocate to understand the intricacies of its client’s business. Laws are meant to regulate business and commerce and not to prohibit them. Thinking beyond legal texts and grasping real-world business implications was my biggest takeaway from these experiences.
Clearing the AOR exam is a remarkable achievement that speaks volumes about your legal acumen. How did you prepare for this challenging exam, and how has passing the AOR exam enhanced your legal practice, especially in terms of the quality of your representation and legal strategy?
Preparing for the exam was a nostalgic experience. I studied with my law firm partner and an ex-colleague and a friend I met in Mrs. Divan’s chambers. It felt like college days again—last-minute cramming and somehow making it through. We had organized our schedules efficiently, giving us a full twenty (20) days to prepare. Fortunately, friends who had cleared the exam in the past few years guided us well.
For me, self-study was the key. I had numerous notes and strategies from friends and other contacts, but they only added to my stress. What truly helped was analyzing past question papers, watching lectures by senior advocates, and studying the material available on the Supreme Court of India’s website. I am immensely grateful to the senior advocates who took time from their busy schedules to help us prepare through their lectures and notes.
It’s still early to assess how passing the exam has impacted my legal practice, as the results were declared just a couple of months ago. However, the “Supreme Court matters” section in my firm’s “list of matters” is growing noticeably. We remain committed to delivering our best while strictly adhering to the Supreme Court Rules, 2013, and the Apex Court’s directions for the AORs.
Representing a high-profile retired bureaucrat in criminal defamation matter, is certainly a critical responsibility. What key legal arguments did you present in this case, and how did you approach defending such a prominent individual against serious allegations, ensuring a successful outcome?
Unfortunately, this matter is sub-judice before the High Court of Delhi, therefore I cannot comment on this.
You have been representing homebuyers in multiple courts across Delhi in recovery proceedings initiated by banks against those unable to pay EMIs after being deceived by builders. Could you share the key legal challenges you faced in these cases and the strategies you employed to secure a favourable outcome for your client? Additionally, how do you foresee the evolution of laws surrounding homebuyers’ rights and real estate projects in India moving forward?
Despite multiple legal remedies available to homebuyers against builders under consumer laws, IBC, and RERA, they lack protection from banks’ recovery proceedings. Many homebuyers, after investing their savings and taking home loans for their dream house, continued paying EMIs, only to realize they had been duped by builders who never began construction or could not complete it in time. When some stopped paying the EMIs, banks initiated legal action(s) against them.
The clauses of the contract obligates the homebuyers to repay the banks. Therefore, one of the biggest challenges was to determine the appropriate legal forum and remedies to protect the clients from banks’ recovery proceedings. Approaching the Delhi High Court under writ jurisdiction was not fruitful, as the Delhi High Court denied exercising its writ jurisdiction in matters concerning rights of the homebuyers arising purely out of contracts. Thus, beseeching the Supreme Court’s inherent jurisdiction was the only recourse. Initially, the Supreme Court stayed proceedings against homebuyers, but it has now allowed the proceedings before DRT and other tribunals to continue—while prohibiting the issuance of recovery certificates. Additionally, the Apex Court has ordered a special investigation team to probe the nexus between banks/ financial institutions and builders.
The legal framework for homebuyers’ rights and real estate in India is evolving to enhance consumer protection and transparency. While RERA has strengthened safeguards, enforcement remains a challenge.
Moving forward, I anticipate further judicial and legislative developments aimed at addressing delays in project completion, streamlining dispute resolution mechanisms, and imposing stricter compliance requirements on builders and banks/ financial institutions. Additionally, the interplay between RERA, insolvency laws and consumer laws, particularly in cases where builders default, might see further clarifications to ensure that the homebuyers’ rights are prioritized.
There is also a growing demand for digitization in real estate transactions, which could lead to the integration of blockchain technology for property records and increased transparency in financial dealings. The state of Andhra Pradesh has already taken steps in this direction. The role of AI in addressing industry challenges remains to be seen.
Your unwavering commitment to the legal profession is truly inspiring. What has been the most rewarding aspect of your legal career so far, and what continues to fuel your passion for law? Additionally, what advice would you offer to the younger generation aspiring to build a successful career in law?
The most rewarding aspect of my legal career has been the journey of establishing my own law firm. Building my practice from scratch, navigating complex legal challenges, and progressively gaining clients’ trust has been both fulfilling and humbling.
As a first-generation lawyer, the challenges are constant and sometimes make me question my decision. However, these very challenges push me to improve, adapt, and thrive. The core driving force remains my fundamental duty—to listen to my clients’ concerns, provide them with the best possible solutions available under law, and represent them effectively before the courts.
I am not sure if I have gained enough experience in the profession to be able to give advices. However, there are a few personal thoughts I can share from my journey so far. As a professional, one needs to always show up and inspire confidence in one’s surroundings—this profession demands commitment, and it is important to rise to the occasion. I also believe that one should broaden one’s perspective beyond law. A fair understanding of business, economics, philosophy, and current affairs can make you a more effective lawyer. Additionally, never trust the shortcuts that would inevitably come your way. Success in any profession is a marathon, not a sprint! Lastly, there is no thumb-rule for success, every individual has its own trajectory. One must trust the process and continue to give one’s best, success and excellence will follow.
Balancing a demanding legal career with personal well-being is undoubtedly challenging. How do you manage to strike a harmonious balance between your professional responsibilities and personal life, and what strategies do you employ to ensure that both aspects thrive without compromising either?
Balancing a demanding legal career with personal well-being is undoubtedly challenging, and honestly, I often find myself struggling to fulfill my personal responsibilities. While I firmly believe that achieving harmony between professional and personal life is essential, I am yet to devise an effective strategy. It is something I am actively working on, especially because my mentors have always emphasized the importance of managing work in a way that ensures every aspect of life is taken care of. I hope that with time and effort, I will be able to strike that balance.
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