This interview has been published by Namrata Singh and The SuperLawyer Team
Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi?
From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.
Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam, it became the natural choice for my legal education. At Amity Law School, I gained a solid understanding of legal concepts. Many of the professors, who were former practitioners, provided invaluable practical guidance and insights, enriching my academic experience with real-world applications.
You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?
Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.
The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively.
What motivated you to start your independent practice in 2017, and what challenges did you face during this transition?
After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice.
For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice.
Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.
Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?
Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.
Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?
Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.
In the context of the Insolvency and Bankruptcy Code (IBC) in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases.
The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an Operational Creditor rather than a Financial Creditor, the Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently.
You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?
During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.
The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme Court.
While I acknowledge the benefits of technological advancements, I believe there are still limitations to address, such as the need for a reliable internet connection. Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination?
What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?
For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial. For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.
Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential.
Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.
Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?
Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice.
Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!
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