This interview has been published by Anshi Mudgal and The SuperLawyer Team
With over a decade of experience in the legal field, what initially inspired you to pursue a career in law? How did your time at National University of Juridical Sciences, Kolkata, influence your understanding of the law and shape your career path?
In school I used to love reading Perry Mason and John Grisham. Perry Mason navigating through difficult witnesses with elan and convincing the jury of the innocence of his client caught the fancy of a dreamy eyed teenager, and thus, with no family background in the subject I went to write the NUJS entrance exam. In college I actively participated in tons of moot court competitions and the adrenaline rush I got every time I was bombarded with questions from moot court judges (who are never kind!), made me realise that litigation was my calling. Every single internship of mine was a litigation internship and quite a few with Mr. Satish L. Maneshinde, Sr. Adv. in Bombay who in my eyes, was and still is, the real life Perry Mason.
My time at NUJS widened my horizons and gave me an insight into perspectives about litigation in other parts of the country, and then also globally. Ranking as one of the top institutions for law, NUJS saw a lot of talent from across the country. Being exposed to such versatile talent taught me to become open-minded not just about the profession, but also about life in general. And then of course the exposure I received from participating in several moot court competitions and internships, ultimately helped me realise my calling and shaped my career path.
After completing your law degree, you chose to pursue an LL.M. in Commercial and International Dispute Settlement at Queen Mary University in London. What drew you to this specific area of specialization, and how did your experience there differ from studying in India? Can you share some memorable experiences from that time?
From my second year in college, I started participating in leading moot court competitions in international commercial arbitration. So my exposure to the subject started as early as second year of college, and now about 60% of my practise is commercial arbitration. Arbitration is a relatively new subject, at least in India which has grown at a jet speed in the last decade. In India we learnt the foundation of the subject, its origin in India, etc, but I chose the course at Queen Mary, University of London since it offered a very practise-centric course. We were taught by leading practitioners in the field and about 80% of our evaluation was hands-on training by the doyens in the field globally. While participating in the Vis East Moot we had read articles authored by Prof. Julian Lew and Constantine Partasides who were demi gods in the field for me. So imagine being taught by them at Queen Mary where they would teach a topic through real life experiences and anecdotes. My time at Queen Mary gave me the assurance I needed to remain in practise.
What motivated you to start your own practice, and what were the key challenges you encountered in those early stages? How did those formative experiences help shape the direction of your career? Additionally, how has your role as an AOR influenced your professional journey?
Being a first generation lawyer, litigation was of course no cake walk, and that too in Delhi where I started in 2012, in a city that was absolutely new to me. I was fortunate to be mentored by Mr. Rajshekhar Rao, Sr. Adv. during my initial days in Delhi. After my time in his chamber, Debesh, my husband, pushed to start my own practise. With his support and encouragement, I decided to take the plunge, and since then I have not looked back. Setting up a practise in Delhi has been an uphill task, but I am blessed with very good seniors and mentors who have always looked out for me. I have also had very supportive clients who have been the best reference for me, and slowly yet steadily I managed to establish a very very tiny foothold in this city.
Becoming an AoR in 2022 was a good decision. I feel the AoR badge opens up more avenues, especially as a first-generation lawyer. You become acceptable and eligible for certain empanelments as an AoR and in Supreme Court, as young counsel, if you are arguing your own brief, judges definitely acknowledge that.
When preparing for complex cases before the Supreme Court of India, what is your approach? What has been one of the most interesting cases you’ve handled, and how did you approach it especially if you could share insights that might benefit young readers?
Usually by the time a matter reaches the Supreme Court, it has been through several rounds of litigation and all possible issues would have been thrashed multiple times in the Courts below. In such a scenario, identifying that one point which will convince the Supreme Court to interfere in the matter, is the real challenge.
In 2017 – 18 I was doing a Civil Appeal before the Hon’ble Supreme Court of India which was arising from the Satyam Scam issue and it involved interpretation of SEBI’s Insider Trading Regulations. This matter involved analysing the securities law aspect as well as connect criminal law aspects arising from the alleged transactions. This was probably one of the most challenging, yet rewarding matters in my career so far, not just because of the complexities involved in the matter, but also because final arguments before the Supreme Court took place in this matter happened in about 2 weeks after I had delivered my son. Because of the complexities involved, we were not in a position to take adjournments in the matter and having prepared the matter with so much labour with leading senior advocates over the last few months, I was reluctant to give up on this matter.
Ten days after closing final arguments in the matter, the judgment by the Supreme Court has probably been a victory in my career that I cherish the most purely because I know the kind of odds I faced not just dealing with the complex legal issues within a very short timeframe, but also dealing with my personal situation. This matter taught me that hard work is always rewarded irrespective of the odds, and if you have been dedicated with your work, the universe conspires in miraculous ways to fulfil your dreams.
You’ve handled numerous outstation cases across various High Courts and Tribunals throughout the country. What motivates you to take on cases beyond your local jurisdiction, and how would you describe your experience working in different courts?
As a first generation lawyer, I always joke about the fact that I am ready to argue a matter even before a lamp-post! I was just delighted to get the opportunity to argue, the location of the Court mattered little to me. Being an outsider to Delhi, I started getting some briefs before the Calcutta High Court, Bombay High Court, etc in the initial days of my career. Gradually my practise developed in such a way that I have appeared before most high courts of the country, I have also appeared in several district courts and Tribunals outside Delhi. I feel out-station appearances gives you an insight into peculiar cultures of different courts and enriches you as a lawyer. Also, arguing matters before different high courts as a young counsel has given me recognition with judges who have later been transferred to other High Courts or the Supreme Court, and with counsels of those Courts who have thereafter referred matters to me in Delhi.
Given your trial experience before the Competition Commission of India, how do you see the role of the Competition Act in regulating business practices in India, and what challenges do various entities face in ensuring compliance with its provisions?
The Competition Commission of India has been playing a very active role in monitoring business enterprises in India irrespective of their size and spread of operations. In fact in 2023 the Hon’ble Supreme Court held that all Public Sector Undertakings also come within the purview of the Competition Act, 2002. In recent times CCI has passed ample orders and judgments in different cases in relation to the alleged anti-competitive conduct by Google. Upon coming to a finding of anti-competitive conduct, CCI is imposing large penalties on business giants like Meta. All of this I think goes on to infuse a sense of predictability and certainty in the market. With the regulator playing such a pro-active role it goes a long way in gaining the confidence of the business community and provides a secure and encouraging environment for smaller new and emerging business entities.
As an arbitrator appointed by the Delhi High Court, what has been one of the most challenging arbitration cases you’ve handled? In your opinion, how do you foresee the future of Alternative Dispute Resolution (ADR) evolving, particularly with the increasing integration of technology into the legal field?
I have been most fortunate to have been appointed as an Arbitrator by some judges of the Hon’ble High Court of Delhi. Sometimes as counsel, we do not realise the challenging task that judges shoulder day in and day out, coming prepared for so many matters and then listen to both counsels contend their sides and then arrive at a conclusion which is sound in reasoning and backed up by authorities so as to minimise the prospect of a challenge. The role as an Arbitrator is a mini trailer of what the judges do everyday and it makes you realise how difficult and daunting it can be to sit in that chair.
As a counsel in the latest 7 judge bench matter of the Supreme Court in the field of arbitration, I was witness to the Hon’ble Supreme Court overturning its decision of the 5 judge bench in less than a year in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, and playing a pro-active role in upholding India on the global stage as the new hub for commercial arbitration. What was most stunning is that for the hearing which continued over a week, with voluminous submissions made by the stalwarts in the field, there was not a single paper in the courtroom. The room did not seem inundated with reams of paper which is what used to be the normal in every courtroom until even a few years back. All judges and counsels were relying on their respective devices and the matter continued seamlessly over a week. I think a silver lining at the end of Covid 19 has been the openness to technology which has surely made the legal fraternity more environment friendly.
Representing doctors in matters related to the constitutional validity of the West Bengal Clinical Establishments Act must have been a demanding experience. Could you elaborate on your approach to the case and the challenges you encountered while navigating the constitutional aspects of the matter?
Considering that public health and medical profession as a field are adequately regulated by parliamentary legislations being an Entry under List 1 of the Constitution, this Act had been challenged on various grounds as being repugnant to parliamentary legislations and being violative of the Constitution. Being a daughter of a practising doctor, this matter was more of a personal matter for me. When a writ petition had been filed before the Hon’ble Supreme Court by the group of doctors, the Supreme Court sent the matter back to the High Court for the High Court to take a preliminary look at the constitutionality of the Act. Before Calcutta High Court the constitutional aspects were very well appreciated, the enactment much watered down and in fact, as on date in fact the Hon’ble High Court has passed several orders where the powers of the Regulatory Commission under the Act has been significantly watered down and several Orders and Advisories passed by that Commission are repeatedly quashed by the Hon’ble High Court on inter alia on grounds of being unconstitutional.
With your diverse roles as an AOR, Arbitrator, and counsel in high-stakes constitutional cases, what do you believe is the most important quality law students should develop to succeed in the legal profession? Additionally, can you recommend resources that would help them stay updated on the latest legal developments?
I think the most important asset in litigation is patience. I have seen many talented legal minds quit the profession due to lack of patience. This profession is a slow burner, so you will always have a slow start. But if you have the patience and the family support to struggle through the initial few years, this profession is also very rewarding. I don’t think you can ever feel that you have reached your peak in the profession. Laws are always changing and something new or the other is coming up always which will keep you on your toes irrespective of however many years you may have spent in this profession. I keep joking that the Supreme Court is probably one place where you will find the fittest grey hair running around like teenagers all day. In my early years in the profession, I had the opportunity to assist Mr. Fali Nariman, Sr. Adv. in a few matters. The twinkle in his eyes every time we would find an argument to counter the other side was no different from a 5 year old who has just figured out all the pieces in his jigsaw puzzle.
One thing I always keep learning from the younger lawyers is the ease with which they embrace technology. I have benefitted hugely by gracing technology into my daily work life, but I can also say that it would have been impossible without the tutoring from my very able younger colleagues in the office. These days all resources are available online and now with AI coming in, soon legal research will probably become even easier than what it is now. But a word of caution for younger lawyers, to always verify content generated by AI. At least till now AI has not been able to replace the human excellence and inter-personal nature which I think is the bedrock of our profession.
Given the intense nature of your professional commitments, how do you manage to maintain a balance between your professional responsibilities and personal life?
I don’t think it is possible to balance the two. I feel we are always juggling between professional responsibilities and personal life and struggling to ensure that the ball does not drop. At all points of time, you need to prioritise one over the other and make a decision which you can justify, at least to your conscience. As a mother to a 6 year old, I realise the importance of being present for my son. But what I am most grateful for is that he realises that his mother is a happier person, hence a happier mother (who he finds easier to mould!) if she has had a good day at work. Our profession allows us to take vacations at fairly regular intervals and luckily most of our vacations coincide with school holidays giving us ample opportunity to enjoy quality time with family. That is how we manage to keep the circus going!
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