This interview has been published by Anshi Mudgal and The SuperLawyer Team
Sir, your journey is truly inspiring. After completing a B.Tech in Computer Science & Engineering, you made a noteworthy shift to the field of law. What inspired this transition?
I finished schooling from Delhi Public School, R.K. Puram in 1999. At that point I had an offer for a B-Tech degree in Computer Science & Engineering from GGSIP University in New Delhi. Not being very clear about where I wanted to be in the long term, I decided to take up the offer and figure things out with work and life experience. Various opportunities came my way after graduation of which the most noteworthy was a startup called Montalvo Systems with offices in Bengaluru and Silicon Valley, California. This company was acquired by SUN Microsystems in 2008. The feeling of being a bird of passage in engineering came to a head for me at that point in time. I was not feeling very keen on repeating the technology cycle all over again. I joined Nvidia in Bengaluru and while working there started thinking from first principles about a long-term career best suited to my interests and inclinations. This process culminated in my returning to Delhi and joining Campus Law Centre, Delhi University for an LLB degree.
In school I rather enjoyed languages and the acts of reading, writing, and argumentation. It was a delightful and easy-going kind of engagement with the use of language; and it never occurred to me that it could be the basis for any full-fledged career. It was like breathing. It is only after work experience and self-examination that I let these instincts guide me to law as my long-term career. The peace of mind that comes from working alongside, and not too far away from your natural inclinations, is priceless and an abundant source of mental energy.
How has your engineering background continued to inform or benefit your legal practice? How has your technical education influenced the way you approach complex cases before the Intellectual Property Division and Commercial Courts of the Delhi High Court?
A technical degree in a subject like Computer Science or Electronics can enable one to appreciate and analyze a technical system in its entirety: from the top-level algorithm, to the software that implements the algorithm, through the hardware that executes the software, down to the circuits which constitute the hardware, and even the underlying semiconductor materials on which the circuits are etched.
As a lawyer one can then pause at the required depth in this chain, depending upon the requirements of the case at hand, and synthesize and elucidate the matter in appropriate legal terms to assist the court in reaching a decision. Ultimately technology lawyering is a synthesis of the science of understanding and the art of communicating.
Further, the general analytical rigour typically imbibed in the study of engineering and technology also seems to carry over naturally to law where precise and accurate analysis of legal and factual propositions is of value.
In the initial stages of your legal career, you must have encountered a variety of formative experiences. Could you share a few experiences that deepened your understanding of the law and shaped your approach?
After LLB., I had the opportunity to work in the chambers of a very experienced and encouraging lawyer at the Tis Hazari courts. Thereafter I joined a law firm and came to the High Court of Delhi and practised primarily in IPR and media law related matters. In 2017 I moved out from the firm and helped set up a new law firm with some of my friends and colleagues from Bengaluru and Chennai —this was the genesis of my Supreme Court practice. I was appointed an Advocate-on-Record by the Supreme Court in 2020. Presently I work as an independent chamber counsel engaged by clients, lawyers, and law firms for their matters at the Supreme Court, High Court of Delhi, and the NCLT/NCLAT.
Working in the trial courts as a fresh graduate, I recall, gave a feeling of both empowerment and emancipation: empowerment in terms of getting hands-on experience in practice, and emancipation in terms of a mindset shift that with due effort one could learn and practise any branch of the law in any forum available. I therefore usually recommend experiencing the trial courts to law students and lawyers starting out in the profession.
Another formative experience was listening to other matters being argued in court while I waited for my own matter to be called. This was an easily accessible and enriching source of learning, and it improved my approach to the drafting of pleadings (it was sobering to see experienced lawyers sometimes being put on the spot by the judge for not having impleaded necessary parties, or not having pleaded the cause of action properly, jurisdiction etc.). It also taught me about speaking more, speaking less, and speaking to the point in court. I still like to listen to the back-and-forth between the bench and the bar while waiting for my matters.
What motivated you to take the leap and establish your own legal practice? What were some of the significant challenges you encountered while building your Supreme Court practice, and how did your long-term vision help you navigate the journey particularly leading up to becoming an Advocate-on-Record?
It was clear to me during LLB. that I wanted to have an independent chamber practice in due course. I was fortunate in getting the work experience and the work opportunities (which sometimes came through sheer happenstance) that enabled me to eventually graduate, as it were, into chamber practice.
It also helps to keep in touch with colleagues from the various High Courts who may call upon one for assistance with their appeals to the Supreme Court. Practising in New Delhi provides one the opportunity of being of service to lawyer colleagues from across the country.
As a salutary reminder of the role of time and chance, along with human effort, I have this quote from Ecclesiastes written in my personal notebook of quotations:
“I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all.”
On a lighter note, some practice of writing with pen on paper helps in surviving the Advocate-on-Record examination. I had numb fingers by the end of each three-hours long paper!
Which are some of the areas of law where you have had an opportunity to make a contribution to the evolution of jurisprudence through the matters you have handled so far?
My practice has been primarily in commercial litigation, involving: appeals to the Supreme Court from the various High Courts; suits and petitions before the IP Division and the Commercial division of the High Court of Delhi; IBC and Company law matters before the NCLT/NCLAT (New Delhi).
Accordingly, some of the reported judgements that come to mind also pertain to these areas of law.
The High Court of Delhi decided a trademark matter where interpretation of the prior-use defence under S.34 of the Trade Marks Act, 1999 was at issue. The court explained the operation of S.34 and laid down elaborate tests for the applicability of the section in trademark disputes.
In another commercial suit, the High Court of Delhi elaborated the law on the intersection of a counter-claim under the Civil Procedure Code, 1908 with the provision for moratorium under S.14 of the Insolvency & Bankruptcy Code, 2016.
The Supreme Court in an appeal from NCLAT, New Delhi under the Insolvency & Bankruptcy Code, 2016 clarified the law that when a large number of invoices are unpaid by the corporate-debtor, and some of these invoices are older than three years, then the whole claim under S.9 cannot be dismissed as time-barred so long as the invoices that are within limitation together constitute the threshold amount for initiating insolvency resolution.
A matter, somewhat atypical to my usual practice, was recently decided by the Supreme Court. The matter pertained to retrospective appointment of candidates as medical officers in the State of Karnataka. The court dismissed the appeal filed by the State of Karnataka against such retrospective appointments. I had the opportunity to address arguments as Advocate-on-Record and lead counsel for the respondent.
There are various ongoing matters where interesting points of law are at issue, and where I am looking forward to the eventual pronouncements. It is one of the privileges of being a litigation counsel to have the opportunity to contribute directly to the evolution of the law through arguments addressed in court.
What advice would you offer to budding lawyers, especially those looking to transition into the legal field from other professions? Are there specific resources or skills you would recommend they focus on to successfully make this shift?
Law has traditionally been open to and accepting of graduates from many fields through the three-year LLB. courses. This is reflective of the importance that the field of law has placed upon different streams of knowledge and experience.
It was only after the introduction of five-year integrated LLB. degrees that interested students had the opportunity to join a law college directly after school. I understand that one of the most reputable of such colleges offering five-year courses now also offers a three-year LLB. course open to graduates from various fields. This seems to me to mark the coming of a full circle in legal education.
The decision to transition into law ultimately is a personal decision driven by the individual’s aspirations and motivations. A thorough self-examination is necessary to determine these motivations and aspirations. As the Oracle of Delphi says: Know Thyself.
In terms of studying the law and then practising it, I only remind the interested of the three-step classical formula which, in my subjective opinion, leads to good outcomes: 1) attentive reading, 2) careful reasoning, and 3) lucid communication —both written and oral.
Litigation can be mentally and emotionally taxing. How has your long-standing involvement in martial arts, particularly its focus on discipline and mental resilience, helped you maintain balance, composure, and clarity under pressure in your professional life?
I have trained actively and intensively in the martial arts from the age of eight. I hold a black-belt in Karate, and used to teach pro bono in self-defence workshops during halcyon undergraduate days, and also later, when finding free time used to be easier. More than delivering blows it is a particular kind of mental resilience that comes from the practice of martial arts that I encourage people to explore. I have personally found it beneficial in many aspects of life.
Sports generally seem to have a good effect on building discipline and mental resilience. Hobbies too are a great source of engagement, entertainment, and the occasional succour when circumstances may seem too much. In due course everything passes, and it is largely about staying busy and positive in the meantime!
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