This interview has been published by Anshi Mudgal and The SuperLawyer Team
You completed your law degree in 2015. Was pursuing a career in law something you had always planned, or did it develop as an interest over time? What early experiences solidified your decision to pursue a legal career?
Interest towards law developed during secondary school when we were introduced to Political Science where we studied about the Constitution and rights. Since then I have had a keen interest in law. Although at that stage we lacked information regarding different laws viz. civil laws, criminal laws however I wanted to dig more into the subject and gain knowledge beyond the syllabus. I opted for science in my high school but It was only after high school, I decided to pursue law as a career.
Regarding experiences that solidified my decision to pursue law as a career would more be attributable to the fact that back in late 2000s, engineering was getting very popular and engineering was the most common career choice. I did not want to pursue engineering and pursuing law as a career made me stand out from the general inclination towards engineering. Moreover it was more of a practical decision to choose law as I believed that engineering as a career had reached its saturation.
In the early stages of your career, you worked as a legal executive. How did this experience shape your understanding of the law, and in what ways did it contribute to your professional growth and career trajectory?
I joined Sand Legal Services Pvt Limited and we provided compliance services to our clients. The scope of work was client oriented where in we had to navigate through the business of the client and understand what statutory compliances are to be observed by the client so as to avoid any penal repercussions upon the client. At Sand Legal Services, I understood the importance of due diligence and compliance for the smooth functioning of any business. At Sand Legal, I had the first experience of catering to the needs of client myself being a lawyer. Since the stakes were high, any omission could not be afforded and an eye for detail developed. At Sand Legal, other developments also happened viz improvement in communication skills which is an essential part in modern advocacy especially when you are dealing with corporate clients. At Sand Legal as part of job, I read bare acts such as Factories Act, Shops and Establishment Act, Legal Metrology Act, Payment of Wages Act etc line by line and their corresponding state rules. A habit of reading bare acts and applying the law into the realm is what I would say was a take away from Sand Legal.
I would say my first job at Sand Legal gave me a first hand experience in the field of law and I was fortunate that my superiors were present to correct my mistakes but eventually I learned that mistakes while dealing with law are costly which was handy in my future roles.
After working in an in-house legal capacity, you transitioned to litigation with a law firm. What motivated this shift, and what cultural differences did you observe between working in-house versus within a law firm environment?
I had gained two years of experience in due diligence and compliance at sand legal, although for a subject which is so vast, two years of experience is negligible. However while working at Sand legal, I had made up my mind that it would be better for me to build a career around litigation.
It would not be possible for me to effectively differentiate my experiences at Sand Legal and in a Law firm dealing in litigation. Even at Sand Legal, the role was not purely in-house but more of client-oriented which is as of any law firm. The striking difference is only that in a Law Firm, focus shifted on litigation, rather than due diligence and compliance. The Setup at law firm and Sand Legal was in principle alike. Both the organisation endeavoured towards client services. On one hand where Sand Legal attempted due diligence and compliance which play a key role in avoiding litigation, at law firm litigations were handled. The stakes are much higher in litigation as litigation is the last resort, I would say and therefore the advocates are in a better position to command the strategy and path for safe exit of the client from the legal conundrum.
After gaining valuable experience with several legal entities, you chose to establish your own practice. What inspired you to take this step, and did you face any significant challenges when founding KPNJ LEGAL?
Starting my own practice had been my objective since the beginning of my career. It was important that I train myself under able guidance so to begin my law firm KPNJ Legal.
There were difficulties initially and continue even today. For any person who wishes to start his own setup in any profession or business, finance is the biggest concern. A profession like law may not need a high capital investment as compared to any other profession, however for a young advocate who wishes to setup his own office, he/ she must bear in mind that he may continue bearing expenses towards his office rent, juniors without any inflow of money and that may last for months until you land clients who graciously pay. Another challenge is that landing clients should be regular because you have to maintain an office.
The role and focus of a litigator shifts from only being a student of the law to different other roles viz he has to work towards networking so that clients keep coming and secondly he steps into managerial shoes where he has to manage affairs of his office, the deputation of his juniors, clerks in various courts etc. These challenges do not end with time but keep on growing with time if you are on the right track and if you have a growing practice.
How do you approach civil litigation cases, especially those involving recovery, damages, and rent control issues? Could you share some of the most notable challenges you’ve faced while handling injunction and declaration suits?
First thing first, in any case involving civil, criminal or any other sort of litigation is that I have to get my facts right. By the phrase get my facts right, I mean that I should understand the unfolding of events in chronological order. If only I understood the facts, I would be able to contemplate the relief that I desire from the courts. Facts and relief are the backbone of draft in civil litigation. Knowledge of law plays along in the process of drafting. Questions such as whether I have taken adequate measures to curve out the cause of action, court fees, limitation, jurisdiction and whether the relief I am seeking is tenable in law are to be addressed and envisaged in the draft itself. The challenge is that your case should not be dismissed for any of the aforesaid reasons.
Regarding injunction and declaration, I would narrate a very recent case which is still ongoing in a civil court in Delhi. Some person whose application for interim restraint was dismissed approached me and I was given the brief to file an appeal for the same. The trial court had observed that the possession of the person over property qua which restrainment order was sought is not prima facie clear. Our ground of appeal was that the trial court erred in observing that the possession was not clear. Ultimately the order of the trial court was overturned and interim stay was granted. Now in this case, the trial court has come up with another issue that is in regard to its jurisdiction. Since the reliefs are constrained to injunction and declaration and fixed court fees have been paid, the trial court has questioned us regarding the value of suit for the purpose of jurisdiction. When it comes to recovery cases, damages, rent control where a certain liquidated amount is in play, the jurisdiction of courts become very clear but with the case in hand which seeks injunction and declaration, the value of the suit for the purpose of jurisdiction is to be satisfied to the court.
In your arbitration practice, particularly with cases before DIAC, what common issues do you address, and what strategies do you employ to ensure successful resolutions for your clients?
DIAC has a large panel of wonderful arbitrators who are competent enough to understand the complex nature of commercial transactions and adjudicate upon it. The Infrastructure at DIAC is again State of the art. The deputy counsels are prompt. The information system regarding dates and orders are also functional. Overall the dispute resolution experience at DIAC is wonderful.
However a major issue which I believe at DIAC is its fee structure which I would say is on a higher side. When there is a dispute between two corporate giants, they have budgets to pay the DIAC fees but on the other hand proprietorship firms,
MSMEs who prefer Arbitration outside the scope of MSME Samadhan, individuals, and small businesses may find it difficult to pay the fees at DIAC. No wonder to maintain a world class centre such as DIAC, enormous money has to be spent, but then again the purpose of ADR which should be quick and cost effective resolution is being defeated.
The other major issue is that there is no effective way to compel the Defendants to pay the DIAC fees. In case defendants do not pay his part of fees, the claimant is burdened to pay the same to keep his case going. Later the claimant can execute the decree and recover the fees but the fact that a person already in distress has to pay for the cost of another party seems unfair.
Sadly no strategy can be adopted to overcome this situation. However, since you ask, I would narrate a recent incident at DIAC where the claimant had approached DIAC and I, being from the defendant side, appeared before the DIAC. Settlement was reached between the parties and the arbitrator was informed of it. The Arbitrator ordered that a claim petition should be filed and accordingly consent decree was to be passed. The claim petition had to be invited to ascertain the DIAC fees. The Claim petition was filed, the DIAC fees was ordered to be paid but subsequently now the claimant has stopped appearing before the DIAC. The matter is still pending. It would be interesting to see what methods are adopted to recover the fees.
As global compliance becomes increasingly important, how do you ensure compliance with international legal standards? Could you share an example where global compliance considerations had a significant impact on a case or transaction?
Global Compliance has several verticals viz ESG Standards, Whistleblower policy, privacy policy, anti-corruption and bribery policy etc. A corporate should ensure that he has a functional and well documented policy for all the above. It should be ensured that the policies are strongly implemented. As an advisor, my duty is to keep my clients updated of the changes/ updates in the compliance sector. Framing of policy is a one time thing but keeping the policy updated is a continuous practice wherein my role becomes significant. Ensuring that the policies are implemented in letter and spirit is also a continuous process. Compliance audit is an effective way to ensure compliance.
In practical scenarios, a balance has to be drawn between companies’ operation and growth that sometimes may not align with ESG standards.
Balancing a demanding career and leadership responsibilities is challenging. How do you personally maintain work-life balance? Additionally, what steps do you take to foster a healthy work-life balance within your team, while still driving professional success?
It’s true that leadership responsibilities shift focus from the core nature of work that is to study and practice law. The focus shifts rather to team members performing well but it has a positive aspect. We are as good as our team. A well groomed team makes things simple.
To me personally work life balance has never been an issue. Time management and plans made well in advance avoid chaos at the last moment. Yes there are times when an unplanned meeting comes up or an exigency erupts, court hearings elongate etc and then I need to prioritize things which may be difficult sometimes
The same goes with team members. However a strong team keeps things moving despite challenges and individual absences. I believe that work is a part of life and one should not draw rigid boundaries between them. If there is an exigency during the office hours, I would not see the pending works and the same goes the other way that if there is midnight call at work of importance, I should attend to it.
However such situations are rare and with efficiency, time management and planning one may need not to bother about work life balance.
What advice would you offer to aspiring lawyers looking to make a meaningful impact in diverse areas of law, as you have? Are there any resources or strategies you would recommend for staying current with the constantly evolving legal landscape?
I am still a young and aspiring lawyer, I would say. But yes, few things have worked for me which I can share. First of all, study. Not only the brief we have at hand but also some articles, some judgement, legal news etc which are published. Read Judgments. That would clarify the concept of law, increase your vocabulary and enhance your language which will help in drafting. When it comes to artistic literature, there is a popular saying that if you read one thousand lines, you would be able to write ten lines. Same goes with the profession, If you read, then only you can draft, either it be a contract or petition.
Live law and Bar and Bench are great platforms to know and remain updated with things happening in Indian Courts.
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