This interview has been published by Namrata Singh and The SuperLawyer Team
How did your journey into law begin? Please walk us through your journey from college to where you are. What were the challenges you faced along the way? And what inspired you to specialize in disputes and commercial litigation?
I hail from a small town, Siliguri in West Bengal and from a business family. While exploring career options after 12th Board exams, I wanted to pursue a career in journalism, given my love for reading and writing. My father however wanted me to study law. He believed in my capability to become a lawyer and nudged me to join ILS Law College, Pune. As luck would have it, I got through the merit list at ILS Pune.
In my initial months in Pune, I was quite intimidated while interacting with students from big cities of India and abroad. In fact, almost 60% of my colleagues were from a background of lawyer/ judge families and civil servants. Albeit, right after the first semester results, I started finding my feet, confidence and good friends.
Throughout college, I aspired to join the fancy corporate law firms and practice corporate laws. In fact, I participated in most mooting events as a researcher and a compiler to hone my corporate drafting skills. I even joined Khaitan & Partners, Delhi in their Banking and Project Finance Team. I had not thought about becoming a litigator.
Initial years of practice is all about being open to learning and working on different aspects and subjects of law. I was also open to learning. In fact, when joined as an associate in LakshmiKumaran & Sridharan, I was a common associate for three teams- Corporate and Regulatory Advisory as well as the Litigation Team. I took up every kind of assignment that three partners in the firm were working on. I dawdled between subjects like FEMA, Legal Metrology, Companies Act, SEBI and at the same time assisted the litigation team. Interestingly, my first two litigation assignments were what sparked my interest and love towards litigation. The first matter was an outstation matter before Gujarat Electricity Commission in Ahmedabad where we secured a landmark favourable order and the second one was a heavily contested banking finance litigation before the Delhi High Court. It was while working on the litigation side that I realised that this was where I belonged.
As an expert in commercial law, white-collar crimes, and insolvency laws, what trends do you foresee shaping the legal landscape in the coming years?
In 2016, there was a major overhaul with the introduction of insolvency code, RERA and the commercial courts act and changes in the arbitration act. It was around this time that the ED- money laundering also started becoming active. It is very interesting how these amendments and legislations have completely changed the face and speed of deciding commercial disputes. These changes being relatively new, they have been developing and updating at an astronomical pace.
I believe earlier, there were mainly three choices of practice- Criminal, Civil and Corporate Law. Over time, commercial law practice has become a homogenous mix of all of the above, since these legislations include criminal prosecution of directors. Commercial laws, especially insolvency laws have blurred the gap between civil/ criminal since they also entail criminal prosecution and even trial for procedural defaults. For instance, corporates and their management are facing civil and criminal prosecution, money laundering and SFIO proceedings in respect of loan default cases, construction default cases and so on. The same companies are also undergoing insolvency. The gap therefore has been bridged.
Courts are also more accessible to business houses as well as individuals since IBC allows individuals to approach the NCLT for every grievance over their claims, without any pecuniary threshold. Homebuyers for instance are more aware of their rights under law, they have become very powerful in exercising their remedies across forums and manipulating insolvency of big corporates. The High Courts and the Supreme Court have also aggressively promoted these changes, as a result, the Tribunals have become powerful. A lot of jurisprudence is being developed at the Tribunal level.
Your educational journey includes both LLB and Company Secretary qualifications. What inspired you to pursue Company Secretaryship alongside your legal career, and how do you believe it has enriched your practice as a lawyer?
While in college, I aspired to become a corporate lawyer and engage with a fancy law firm. I therefore utilised my time after college to pursue Company Secretaries and certain diplomas in business and cyber laws. Any additional degree, especially something as in-depth as Company Secretaries, always adds up to the otherwise textbook knowledge that is gained in college education. In my case, the fundamentals regarding companies compliances, checklist compliances, basics like examining forms under legal provisions to understand the scope of the provision, really helped me gain better understanding of commercial laws. Eventually, it all added up since it helped me do a lot of FEMA, SEBI and Companies advisory work in the early years of my practice. Even now, while examining the role of companies in money laundering matters, I find it helpful to examine the statutory filings from the MCA and check the relevant forms with the registrar of companies.
Beyond your professional achievements, what are some personal interests or hobbies that you’re passionate about? What advice would you give to the current generation looking to pursue a career in law, especially in your specialized areas?
I love reading books on history, fiction, fantasy and recently added genres- mythological fiction. Lately, I have developed a keen interest in reading the Bhagwad Gita by Devdutt Pattnaik. I also take time to travel.
I believe that the habit of casual reading really helps in loving the profession as well. I always advise my younger colleagues to read newspapers. This one habit- not only helps a lawyer keep updated, but subconsciously keeps the curiosity and hunger that is needed in the profession, going.
As opposed to my earlier days, the new generation has it easier on account of law files and entire offices having become digitised, one does not have to carry huge files and journals around, they can read from the comfort of homes, be better prepared because of access to material online. Zoom meetings have made conferences more efficient and less time consuming. With things becoming easier and accessible, the current generation that I have come across, is taking more for granted.
I believe that our legal profession requires tireless first five years and intense hard work, long nights and discipline. I would advise freshers to join the profession with this in mind and thereafter, the legal profession rewards with identity and success that cannot be easily taken away.
Can you share a memorable moment from your career that reinforced your passion for advocating justice?
Recently, the Delhi High Court passed a landmark order, allowing my clients, a group of 250 retired members of the BSF Army, to get possession of their units in a Tower, on as-is-where-is basis from a Company undergoing winding up, instead of them waiting for the liquidator to take steps and then go through the entire payment mechanism under the Companies Act. In doing justice to these set of allottees, the Court exercised its extraordinary jurisdiction in a winding up matter, giving homes to 250 retired persons who had spent most of their life savings for their retirement houses. It has been one of the most fulfilling matters I have done, where not only professionally but personally I have been able to secure justice to ones who deserve.
I started finding my profession immensely fulfilling when people around me- my domestic staff, their neighbours and my neighbours started reaching out to me for legal aid out of hearsay. I became aware of the power and social responsibility attached and it was deeply satisfying to be able to help them. I strongly believe in the wise words of Justice Ruth Bader Ginsburg- “If you want to be a true professional, do something outside yourself.”
Your work often involves representing various entities before different courts and tribunals. What key differences do you find while representing different courts and tribunals, and could you share some nuances or insights you’ve gained from navigating these diverse legal arenas?
Besides the Supreme Court and the High Court, Delhi also is the headquarters for various Tribunals and quasi-judicial bodies. Each of these Tribunals have their own systems in place, filing procedures, and hearings which are peculiar to such Courts.
As I have said earlier, a great deal of jurisprudence is being developed in Tribunals because the High Courts and Supreme Courts are rigorously promoting the development of law at this stage and have reduced their interference with orders passed by them. The Tribunals also are focussed on a special kind of law. The preparation for matters before Tribunals is vastly different and much more detailed from the higher courts owing to the uniqueness of process and procedure before each Tribunal.
Watching the court proceedings, studying the precedents and views taken by the said Tribunal on a subject before approaching them and enquiring from counsels regularly appearing there does go a long way in addressing them better. Over time, it is good to specialise in a few Courts to sharpen the skills and presence in certain courts and Tribunals.
Transitioning to independent practice can be a significant milestone in a lawyer’s career. Could you share your experience of practicing independently and shed some light on the challenges one might encounter in this path, along with any key insights you’ve gained along the way?
As a young lawyer not having any base or family in Delhi, I had never imagined I would get the chance of starting my independent practice and it looked too far-fetched and incredible. The day I took this decision, it was a mixture of uncertainty, turmoil, self- doubt yet some inner voice giving me strength.
The first year is often easier, because one has no great expectations with oneself, the struggle begins once you have surpassed your own low expectations- to maintain and to grow.
Practising independently is a whole new challenge than working in Chambers and law firms. It is a totally uncharted territory whether it is basic day-to-day administration in running the office, or dealing with clients coupled with the uncertainty of a regular monthly income. The same work that one has been doing while working under someone, when done as an independent practitioner, seems like a lot more challenging as the accountability is much more. I have spent days initially, just wondering what fees to quote for a matter.
As an independent lawyer, the biggest handicap I face is engaging good juniors to join and retaining them. This is because graduates are always aspiring to join big firms with higher remuneration or some other reason. There is high attrition for that reason. I also believe that clients are much more demanding with independent lawyers in terms of deadlines and bargain hard on payments.
Having said this, two things I also credit to the legal fraternity- one that it always gives opportunities to ones who are willing to take on the task and second- I did not face any gender discrimination at least in getting opportunities. By and large, most of the people I have worked with have been extremely encouraging and never fail to put in a good word.
Among the multitude of cases you’ve handled, could you share with us which one stands out as your personal favourite? One that presented significant challenges yet provided a rewarding experience in your career journey?
The most memorable dispute which I hold close to my heart was a family dispute arbitration between Ajanta family. I was relatively young and had no experience of arbitration laws and procedure, much less briefing very strict and seasoned senior advocates like Mr. Dushyant Dave, Mr. Gopal Subramaniam and the likes. This matter was a heavily contested litigation, which led me to frequently travel, helped me learn drafting, filing, carrying out a cross examination, handling contempt matters and conducting overall arbitration. The seniors were very patient and kind to me and even the Ld. Arbitrator, Late Justice RC Lahoti appreciated my work and efforts in the Award.
Given your extensive experience, what qualities do you look for when hiring interns to join your practice, and how do you nurture their growth and development during their time with you?
I look for two main things in new joinees- one is their curiosity and passion to learn and explore the legal subject. The second is the effort they are willing to take to quench their curiosity.
I have learnt that the legal profession is not just for nerds, it is also for the street-smart. Although I belonged to the former category, I greatly admire smart workers as long as they can get the job done.
I always advise my younger colleagues to work with passion, but also have a hobby outside of the office. I also encourage them to have a social network of lawyers, it allows exchange of legal anecdotes, assistance and exchange of information which overall helps in development as a good well informed lawyer.
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