This interview has been published by Anshi Mudgal and The SuperLawyer Team
Reflecting on your extensive experience, what inspired you to pursue a career in law, despite not coming from a legal background? What motivated your decision to choose the Army Institute of Law for your studies? How did your time there shape your understanding of the law, and how did the integration of Army discipline with legal education influence your approach to practicing law?
The charm of uniformed service is unmatched. My grandfather was in the Police, and my father was in the Army. Litigation provides an opportunity to wear the band and gown, with no retirement age, and experience the thrill of a duel in an arena while cross-examining a witness, advancing final arguments, and even playing war games with the applications filed in a case! I was inspired to have such a way of life.
Army Institute of Law (AIL) offered a 5 year integrated law course. It was a residential Institute with a focus on sports, extracurricular activities, internships, and studies. Being from an Army background, I was certain AIL would nurture the students well.
I was told in the first year itself that one is wedded to law! Being a residential institute, the Professors acted as our guardians and guided us in all walks of life. We were asked to develop the habit of going through the latest law journals which made us understand the divergent views argued and a reasoned judgment on the subject. Moot Court Competitions were another aspect that was extensively undertaken in AIL.
The study of law with its application makes it more interesting. Discipline is a common feature in the Army and Law and AIL made us disciplined. The basic traits of being punctual, and being courteous to the Judge as well as the opposite counsel aids in daily practice. The art of advancing arguments is to throw light, not heat, which I learned from the Moot Court Competitions.
During your time in law school, you completed numerous internships. What were the most valuable lessons you learned from these experiences, and how did they help you build a strong foundation as you transitioned into real-world legal practice?
Internships are important to enable the student to see the diverse fields of law, be it litigation, working in a law firm, or taking teaching as a profession. Internships are a distinct feature on a CV and may enable a student to secure a placement.
My internships provided great learning experiences and helped me build valuable connections. My first internship was under Mr. R. Venkatramani who is the present Attorney General of India. I had the opportunity to witness the hearings in the Supreme Court during my first internship.
However, to gain exposure, I also interned with Titus and Co., Lall and Sethi, Singhania and Co., Juris Consultants, and the “Indian Society of International Law”.
What were your early experiences like working at a top-tier firm? What key lessons did you learn there, and how did those experiences shape the direction of your career?
I was fortunate to get placed in one of the best law firms, Remfry & Sagar. Late Dr. Sagar, the founder of the firm, valued the time of associates, and the firm’s working hours were 9 AM to 5:30 PM, with weekends off. The associates focused and worked diligently during this time rather than the practice in some firms where late evenings are usually spent in the Office.
It was a great experience to work with foreign clients and MNCs, I recall Japanese clients being the most punctual in conferences and responding to queries immediately. Needless to say, such clients expected a similar swift response.
I realized that the best a lawyer can ensure is punctuality and diligence toward the case entrusted by the client. Even in case of an adverse order, many clients retain the same lawyer to challenge the impugned order or judgment because they have witnessed the lawyer’s diligent work.
What motivated your decision to transition from working at a top-tier firm to starting your own independent practice? Given the stability of your previous role, what factors influenced this significant decision? Additionally, litigation is often described as thrilling and unpredictable. What aspects of litigation excite you the most, and how do you prepare for its inherent unpredictability?
It was a good experience to sit comfortably in the Ivory Tower and work for foreign clients. I learned a lot about Intellectual Property Rights. Mr. Ashwin Julka, who was the Managing Partner of the firm, trained me well both in the field of law and the art of dealing with clients.
However, I missed the thrill and charm of going to the Court on a daily basis and dealing with different subjects of law. I felt that a lawyer, just like an actor, should not confine themselves to limited roles! One should seek challenging roles as well and the focus should be on learning diverse subjects of law.
I started my Advocate-on-Record (AoR) training under the Late Mr. Satya Mitra Garg and Mr. Ashok Panigrahi who had worked in the Chamber of Venkatramani Sir previously. You may just consider how immense internships maybe even after several years of practice.
The thrill of a gladiator in litigation comes with some uncertainty. However, the law of averages aids a lawyer, and with grit, strategic patience, and proper networking, one can overcome the cloud of uncertainty.
How did your training under various Senior Advocates equip you for the demanding role of an Advocate-on-Record (AoR)? What were some of the major challenges you encountered in the early stages of your practice, and how did you navigate those obstacles?
In my training days, I drafted petitions concerning diverse fields of law which were either argued by the AoR or a Senior Advocate. As a lawyer, one realized that once a petition is filed, the scope of argument is limited to the grounds raised, and hence drafting a petition well was crucial, and annexing relevant annexures was important. That apart, it was essential to be privy to the Supreme Court Rules, leading cases as well as the latest Supreme Court Cases.
The challenge faced in the initial days of independent practice relates to getting clients. I realized that an invisible highway must be built for cases to flow from the respective High Courts and Tribunals. I built a decent network of connections – from lawyers who graduated from AIL to people I interned with. I was helped by Justice Manmeet Arora (then a lawyer), Abhijat Sir, and Ronny Sir in the initial years of my independent practice.
What led you to specialize in Arbitration, and what makes this area of law distinct in terms of its challenges compared to others? Could you share an example of a particularly challenging arbitration case you worked on, and how you prepared for it?
The time frame for making the Award under the Arbitration and Conciliation Act, 1996 is one year from the date of completion of pleadings and the scope of appeal is limited. Therefore, the Arbitration clause is one of the essential elements incorporated in most of the contracts between the parties inter se. Time is of the essence when filing and conducting cross-examinations in arbitration cases, and seeking an adjournment is akin to committing a sin!
One of the important Arbitration cases was regarding the denial of payment and the imposition of huge penalties which were imposed clandestinely. Since the other side failed to appoint an Arbitrator, the High Court appointed an Arbitrator.
It is said that “The truth is often shielded by layers of lies”. The other side filed an application seeking that the claims were fraudulent and hence it was out of the purview of the Arbitration proceedings. We countered by relying upon the wide definition of Section 17 of the Indian Contract Act, 1872 which encompasses the alleged fraud as well. The judgment of Avitel Post Studioz Ltd. & Ors. v HSBC Pi Holdings (Mauritius) Ltd. was relied upon by us. The Arbitrator was pleased to dismiss the application with costs.
Interestingly, extensions of the contract were given by the other side. On this aspect, the concerned witness from the other side was cross-examined in detail. After some detailed cross-examination, the concerned witness admitted that extensions were due to the satisfactory services and after compliance with the terms and conditions of the contract. Concerning the issue of penalty, the other side was directed to produce the computation of the penalties as not even a Show Cause Notice was issued. We were able to demonstrate that the other side acted as an emperor with scant regard for the principles of natural justice. Furthermore, the quantum of penalty, though stipulated in the agreement, was excessive, burdensome, coercive, and against the principles of law contained in Section 74 of the Indian Contract Act, of 1872. The judgments of Fateh Chand v. Bal Kishan Das and Kailash Nath Associates v DDA were relied upon by us.
The Arbitral Tribunal was pleased to award the amount due without any penalty along with interest and legal costs.
Being an AoR and handling your Chambers, you must carry significant responsibilities. How do you manage these responsibilities, and what strategies do you employ to unwind and relax after a long, stressful day?
An AoR has to be present in all the proceedings and even the SLP and applications are signed by the AoR, barring the affidavits. The SLP and applications have to be read diligently before filing and I ensure to attend all the proceedings. This has become easier with the online hearings and even the filings are online.
I am an avid golfer and do happen to meet different players on the Golf Course. Golf is a social game, so networking is natural. An opponent or a teammate in a game today turns out to be my client tomorrow! I would advise lawyers to pick up any one sport. Apart from health, it may be good for wealth, too!
Making the transition to litigation, especially after having a stable job, requires great courage. What advice would you give to law students who are currently navigating their legal journey and aspire to excel in the field? Furthermore, what resources would you recommend to keep them updated on the latest developments, particularly in arbitration law?
I concede that the initial days in litigation do not appear stable. However, in the long run, the life of an Independent lawyer is stable with no fear of losing a job! If that invisible highway is maintained well, cases are bound to travel from the respective High Courts.
My advice to students is to undertake diverse internships and start building connections from their first internship. Secondly, reading the latest law journals is another habit that would aid. In the field of Arbitration, the Indian Contract Act, of 1872 may be studied in detail and one may witness the proceedings in a Commercial Court.
Looking back at your journey from law school to becoming an Advocate-on-Record in the Supreme Court, how would you describe your evolution as a legal professional? What key qualities do you believe a law student should possess if they wish to become an AoR and succeed in litigation?
One has to be agile to adapt to the changing times in the legal profession. The online filings and online hearings sounded unreal pre-COVID time but have now become the norm. In the initial days, all the cases were undertaken by me but now one may weigh the cases and stop counting. In the legal profession, having a student mentality is essential and I don’t hesitate to learn something from my colleague or an intern who has researched well on the subject.
With sincerity, focus, and training for one year, it is not difficult to become an AoR. To excel in the legal profession, develop deep and unwavering commitment. Being an independent lawyer is a superpower – you would be a master of your time!
Lastly, Litigation is like planting a mango tree, which requires time for the tree to bear fruit. Do not compare such a tree with a plant whose flowers bloom within a month and wither away in a few days! Furthermore, the field of litigation is like a pyramid with limited competition at the top! With sincerity and focus any lawyer may reach the top.
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