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 law as a profession? What were the key factors that influenced your decision to enter this career path?
From a young age, I found myself deeply intrigued by the concepts of justice and fairness. The initial spark that inspired me to pursue law came from observing how the law could be a powerful tool to bring about positive change and ensure that everyone’s voice is heard. I remember watching courtroom dramas in old Hindi movies and reading about the interesting cases that shaped history. These moments left a lasting impression on me and fuelled my desire to become a part of that world.
Several key factors guided my decision to enter the legal field:
Growing up, I always felt a strong sense of justice and a desire to stand up for others. The thought of helping individuals navigate the complexities of the legal system and fight for their rights was incredibly motivating.
Law offers a unique blend of intellectual rigour and continuous learning. I was drawn to the challenge of analyzing complex issues, crafting persuasive arguments, and staying updated with ever-evolving legal precedents. The idea of using my analytical skills to solve real-world problems was both exciting and fulfilling.
At the core of my decision was a genuine desire to make a positive impact on society. Whether through litigation, policy-making, or community outreach, I wanted to contribute to creating a fairer and more just world. The ability to influence meaningful change and help those in need was a driving force behind my career choice.
Throughout my journey, I was fortunate to have mentors and role models who embodied the values I aspired to uphold. Their dedication, integrity, and unwavering commitment to justice inspired me to follow in their footsteps. Their guidance and encouragement played a pivotal role in shaping my path.
Ultimately, my decision to pursue law was a combination of personal passion, intellectual curiosity, and a heartfelt commitment to making a difference. The legal profession has allowed me to channel my strengths and values into a career that is both challenging and rewarding.
During the early stages of your career, you had the opportunity to work with several esteemed advocates and law firms. What were some of the most formative experiences from this time that shaped your practice, and are there any particular moments or lessons that continue to inspire you today?
Working with esteemed advocates and prominent law offices in the early stages of my career was an incredible learning experience that profoundly shaped my practice. One of the most formative experiences was my time at Anand & Associates, where I had the privilege to work on very interesting cases under the guidance of Mr. Sanjeev Anand, Senior Advocate and Mrs. Kajal Chandra, Advocate. Such experiences taught me the importance of meticulous preparation and attention to detail. Watching seasoned advocates dissect complex legal issues and craft compelling arguments was truly inspiring.
Another pivotal moment was when I collaborated with Mr. Narendera M. Sharma, Advocate, a renowned figure in International Commercial Arbitration Laws. His mentorship and guidance were invaluable. He instilled in me the significance of ethical conduct and the need to uphold the principles of justice at all times. He often reminded me that behind every legal matter lies a person with real emotions and struggles, and it is our duty to represent them with compassion and integrity.
Additionally, working with a diverse group of talented individuals, each bringing their unique perspectives and expertise, reinforced the idea that the best solutions are often the result of collective effort. This experience taught me the value of effective communication, mutual respect, and the power of a united team.
Overall, these experiences have instilled in me the values of diligence, empathy, teamwork, and a steadfast commitment to justice. They continue to inspire and guide my practice, reminding me of the profound responsibility and privilege it is to be a legal professional.
After gaining experience with various law firms and professionals, you chose to establish your own practice. What motivated you to take this step, and what were some of the key challenges you faced in building P.A.M.S. Legal?
The decision to establish my own practice, P.A.M.S. Legal, was driven by a combination of personal ambition, professional growth, and a desire to create a firm that aligns with the values and vision of my other Partners of the Firm. After gaining valuable experience with various law firms and working alongside esteemed professionals, I felt a strong pull towards building something of my own—a place where I could fully integrate my principles, creativity, and client-centric approach. Key challenges included managing resources, establishing a reputation, handling administrative tasks, and attracting top talent. Despite these obstacles, building P.A.M.S. Legal has been incredibly rewarding and fulfilling.
Given the diversity of cases you handle, including partition suits, trademark infringement, and contractual disputes, what are the critical issues you come across while handling cases related to trademark infringement?
Handling trademark infringement cases involves several critical issues, including proving that the defendant’s use of the mark causes consumer confusion, ensuring the trademark is legally valid and registered, and gathering sufficient evidence of infringement. Defenses such as fair and bonafide use and prior use must be addressed, and it is essential to calculate and prove damages while seeking appropriate remedies. Navigating jurisdictional complexities and effectively enforcing trademark rights across various regions also pose significant challenges. These issues require a comprehensive and strategic approach to protect and uphold trademark rights effectively.
In matters concerning oppression, mismanagement, and creditors’ winding-up procedures before the National Company Law Tribunal (NCLT), how do you approach these cases? Could you also share some of the more complex challenges you’ve encountered in Insolvency and Bankruptcy proceedings?
When handling cases of oppression, mismanagement, and creditors’ winding-up procedures before the National Company Law Tribunal (NCLT), my approach is systematic and client-focused. I begin with a thorough analysis of the company’s financial health and gather detailed evidence to support claims. Crafting a robust legal strategy and ensuring clear communication with clients are essential steps. Effective negotiation and mediation skills are crucial to navigating these complex matters and achieving favourable outcomes.
In Insolvency and Bankruptcy proceedings, we often encounter complex challenges such as accurate asset valuation, managing competing creditor claims, uncovering fraud and misconduct, and balancing the interests of various stakeholders. These challenges require a blend of legal expertise, strategic planning, and effective communication to navigate successfully.
Could you share insights from some of the more intricate arbitration cases you have worked on, particularly those involving international or institutional arbitration? How do you manage challenges such as the enforcement of foreign arbitral awards? Additionally, as a trained mediator, what do you see as the future of Alternative Dispute Resolution (ADR) in India?
Arbitration cases, especially those involving international or institutional arbitration, often present complexities such as jurisdiction issues, choice of law, and language barriers. Institutional arbitration requires adherence to specific rules and the careful selection of arbitrators, which can significantly influence outcomes. The enforcement of foreign arbitral awards is facilitated by the New York Convention, yet challenges persist with local court procedures and public policy considerations.
As a trained mediator, I envision a bright future for Alternative Dispute Resolution (ADR) in India. ADR methods, including mediation and arbitration, are gaining momentum due to the overburdened judiciary and the growing demand for quicker, cost-effective dispute resolution. In India, the growing popularity of ADR methods is driven by an overburdened judiciary and government initiatives aimed at promoting quicker, cost-effective dispute resolution. The future of ADR in India appears promising, with an increasing number of trained mediators and arbitrators and a focus on developing a more efficient and effective dispute resolution ecosystem. Government initiatives and legislative reforms are promoting ADR, with the Arbitration and Conciliation Act, 1996 (with recent amendments) and the Mediation Act, 2023, being a notable example.
Looking ahead, I foresee an increase in the number of trained mediators and arbitrators, which will enhance the efficiency and effectiveness of ADR processes. As ADR becomes more ingrained in the legal culture, it will provide parties with more amicable solutions and reduce the litigation backlog. Overall, the future of ADR in India is promising, with continued growth and improvement in the ADR ecosystem.
What resources, tools, or methods do you use to stay informed about the latest developments in Intellectual Property Law, as well as in other areas such as civil and consumer law?
To stay updated on Intellectual Property Law, civil law, and consumer law, I use:
Legal Databases: Westlaw, LexisNexis, SCC Online, Manupatra, Casemine.
Online Platforms: Bar & Bench, LiveLaw, SCC Online.
Professional Networks: INTA, Bar Council of India.
Government Websites: For legislative updates.
Continuing Legal Education (CLE): Workshops, seminars.
Social Media: Following legal experts and blogs.
For law students or young professionals looking to specialize in Intellectual Property Law, what advice would you offer? What skills and qualities do you consider essential for success in this field?
For law students or young professionals looking to specialize in Intellectual Property Law, I recommend building a solid foundation through relevant courses and practical experience, staying updated on legal developments, and engaging in professional networks. Essential skills include attention to detail, analytical thinking, research proficiency, strong communication, problem-solving abilities, technical knowledge (especially for patents), negotiation skills, and maintaining high ethical standards. These qualities will help you excel in the dynamic field of IP law.
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