BW LEGAL WORLD NOVEMBER 2021

COVER STORY n INTERVIEW

of the legal team at Larsen & Tou- team morale and motivation during an had slowed down because of techni-
bro, it is my duty to ensure the safety uncertain phase. At a company level, cal glitches and few arbitrators were
and health of my team. Since the L&T has ensured that employees feel not comfortable with virtual hearings.
COVID-19 outbreak, we maintained secure about their present and future As a result, dependability on in-house
daily communication within the team prospects, which also had a positive counsel increased a great deal. Going
to ensure everyone was following due effect on the team. COVID-19 had forward, I think there is a bright future
protocols. Apart from coordinating resulted in high-stake pending litiga- for in-house counsel across the world.
day-to-day workflow, these daily in- tions and arbitrations not going into
teractions also helped in sustaining the final hearing. Arbitration proceedings What peculiar challenges, govern-

ance and compliance complexities

do infrastructure companies bring?

How do you see the corporate gov-

ernance and compliance regime

changing during the COVID-19 pan-

demic? Do you see it evolving drasti-

cally post the pandemic?
HEMANT KUMAR: COVID-19 has
greatly impacted the governance and
compliance workflow. Courts went for
filings and hearings through video con-
ferences. For the first time in history,
shareholder meetings were conduct-
ed remotely. Companies conducted
their Board meetings and Committee
meetings without any physical pres-
ence of directors at one place, thanks
to technology. Incidentally, people are
seeing the advantages of such meet-
ings – saving on travel time and cost
and meetings being more focussed.

Shareholders from distant parts of
the country could participate and
ask questions to the directors, which
would not have been possible in a
physical meeting. Shareholders could
attend many companies’ annual gen-
eral meetings from the comfort of their
homes. Sending information such as
Annual Reports digitally made the
process more efficient from the time,
cost and environment perspective.

Dependability on in-house counsel has The flip side could be that not every-
increased a great deal. Going forward, I body in the country can be in the vir-
think there is a bright future for in-house tual mode (not having infrastructure
counsel across the world. of computers, smartphones, internet
etc.) and that a large section of the pop-
ulation needs to be brought into this
ecosystem. Secondly, there could be
information security breaches - attacks

101 | BW LEGAL WORLD | November 2021

COVER STORY n INTERVIEW

on servers, people losing monies in on- ney has been very smooth. However,
line transactions, misuse of anonymity around 25 years back, one instance I
in the digital world, etc. Evolution of would like to share for the youngsters
governance is a regular process and also, that in one year, I could not get
with the advantages and learning dur- promotion and that affected my health
ing the pandemic period, governance very seriously and that also affected my
and compliance would improve dras- family atmosphere. But, then after 2-3
tically. In my view, a hybrid model of years, I got all the opportunities and
physical and virtual should evolve with it became a very successful journey.
the learnings applied, which could
cover all segments of the population. My message to youngsters is, all the
journeys are not easy or not as smooth,
How do you see legal compliance somewhere you will have to face the
frameworks changing with the bumpy roads, and if you cross the
emergence of AI? bumpy roads, then you will become a
HEMANT KUMAR: AI will indeed successful manager. Therefore, don’t
lead to a revolution in the legal profes- get yourself depressed by some of these
sion and act as a catalyst & problem- small hiccups in life and spoil your
solving tool in research work, opinion, health and your family atmosphere.
assessing merit and demerit of dis-
putes etc., and will be a great tool for Just think positively. I’m sure that if
legal cost saving. I see a huge demand you have the acumen, you will excel
for AI in the legal profession. Again, I and you will be a successful manager. A
am fortunate to have an expert on AI smooth sea never made a skilled sailor!
in my family i.e. my son-in-law Satish
who is a great guide for me. You are such an inspiration. What

What is your take on the achieving a are some of the things that are
work-life balance? What keeps you
busy other than work? still left to be achieved in your
HEMANT KUMAR: From 1985 when
I joined SBI as an in-house counsel till bucket list?
date I try to reach & leave office on HEMANT KUMAR: I feel strongly
time. I spend time with family mem- about giving back to my profession in
bers and enjoy playing badminton, whatever way possible for me. Hence,
listening to old Hindi songs and mu- I am associated with a few start-ups
sic. Further, discipline both at family and share my knowledge of law and
and office fronts, I think is essential in its applicability in resolving day-to-
sustaining success and maintaining day legal problems with young legal
work-life balance. professionals who may not have ac-
cess to adequate resources but have
In the last 40 years, by the grace of great potential to excel in their life.
God and support of my parents, fam-
ily members and hard work, my jour- My dream is to groom every year at
least 50 such young budding lawyers
AI will lead to a revolution in the legal and final year law students via master-
classes on various law topics, enhanc-
profession & act as a catalyst & problem- ing their etiquettes, dressing style &
explain its applicability in court rooms,
solving tool in research work, opinion, in corporate spaces as in-house coun-
sel, as judges etc. I also want to educate
assessing merit & demerit of disputes etc. law students and budding advocates
on various avenues available to them as
lawyers, for instance, legal journalism
being one!

102 | BW LEGAL WORLD | November 2021



LAW VS PANDEMIC:

HOW IS THE
INDIAN LEGAL
ECOSYSTEM
COPING?

Is the future of justice
hung in the balance
in the aftermath of
this unprecedented
pandemic? There is no
straight answer, and
that in many ways is the
silver lining

By Ashima Ohri

104 | BW LEGAL WORLD | November 2021

Photograph by Indiapicturebudget WINDEPTH

hat would have taken years to happen by design happened by
accident — the Indian legal system was propelled into the fu-
ture almost overnight in early 2020 when Covid-19 took hold
of the world.

Our traditional legal ecosystem that always functioned in
the confines of brick and mortar has in a seismic shift moved
to a never-seen-before virtual reality. To homogenise this new
system of online dispute resolution and virtual courts, the Niti
Aayog Expert Committee put out a draft for discussion on
“Designing the Future of Dispute Resolution: The ODR Policy
Plan for India” (hereinafter, the draft Plan), last year. Let’s
uncover the story.

The ODR Policy Plan

The draft plan highlights that the judiciary in India is leading
the road to equitable justice delivery. There have been several
pivotal initiatives through the eCourts Mission Mode Project
whose impact will percolate both vertically and laterally. How-
ever, to make access to justice far more effective, there is a need
for an efficient framework that resolves disputes before they
approach the courts. The present committee is working on
creating one such framework, which builds on past efforts and
takes a leap towards truly achieving the ideal enshrined in our
Constitution -- ‘access to justice’ for all.

As has been said, courts should be a service not a place. An
ideal justice delivery system is one that is accessible, formi-
dable, intelligible, pervasive, robust and designed with an
outcome-oriented framework. A key tool leading the creation
of such frameworks the world over in today’s day and age is
technology.

The traditional communication methods in dispute resolu-
tion that required the physical presence of parties in a pre-
identified, designated physical space are no longer the only
means of communication. The developments in information
and communication technology and increased access to the In-
ternet has led the way for effective communication and thereby
dispute resolution, eliminating the need for physical congrega-

105 | BW LEGAL WORLD | November 2021

tion for most disputes in most parts of ‘The Indian Telecom Services Perfor- inequality. The CJI has implored the
the country. It is such kind of integra- mance Indicators January – March, ministry to initiate steps on priority
tion of technology, which holds the 2020’ report states that India has to bridge the poor digital connectiv-
potential to making justice delivery 743.19 million Internet subscribers, ity in rural, tribal, remote and hilly
more affordable and convenient. The which indicates an Internet penetra- areas that is adversely impacting the
ODR Policy Plan is concerned with tion rate of only 55.12 per cent. Rural- pace of justice delivery and depriving
one such relatively new way of resolv- urban disparities prevail as indicated thousands of young lawyers across the
ing disputes facilitated by technology by the rural penetration rate of 32.24 country of their livelihood.
understood by an all-encompassing per cent, with 285.97 million rural
terminology -- Online Dispute Reso- Internet subscribers, which is not The CJI on many occasions has said
lution (ODR). even one third of the urban penetra- that there is a need to evolve a mecha-
tion rate of 99.12 per cent, with 457.23 nism to help the advocates who have
However, as fiction writer William million urban Internet subscribers. lost livelihood due to the Covid-19
Gibson who is widely credited with Additionally, 96.9 per cent of all Inter- pandemic and who are in dire need of
pioneering the science fiction sub- net subscribers use mobile devices for financial assistance. He also believes
genre known as cyberpunk, says in his accessing the Internet, which may not that the legal professionals and as-
famous quote, “The future has already be well suited for ODR mediation.” sociated functionaries should be de-
arrived; it is just not evenly distrib- The data shows that around 27,721 clared frontline workers and must be
uted as yet,” seems to have hit the nail villages in India are still not covered vaccinated on priority.
right on the head. It certainly begs the by telecom service providers, necessi-
question: is India ready for ODR? tating the need for further expansion Impact of Covid
of India’s digital infrastructure.
While India’s Internet penetration According to the National Judicial
is improving, evidence from free to Data Grid, there are approximately

Pendency at district and taluka courts of India as on July 12, 2021

access reports suggests that the coun- Experts believe, in such a situation, 3.9 crore matters pending at the dis-
try has a long way to go before attain- one needs to be mindful that judicial trict and taluka courts of India. A stag-
ing universal Internet penetration. It rights of the citizens are not affected gering 78 per cent matters are more
now befalls upon institutions to de- by technological exclusion or by forc- than a year old. The numbers at the
termine how equitable distribution ing mediation between parties with high court level look slightly less wor-
can be achieved in the realm of justice unequal access to resources when in- risome as they stand at 58 lakh with
delivery. troducing ODR. 86 per cent cases more than a year old.
But what do these numbers tell us?
Connectivity Challenge CJI NV Ramana’s Take Has the pandemic come as a blessing
in disguise for an overburdened legal
As reported by the Internet Freedom In June this year, in a letter to the then system that was long plagued by tradi-
Foundation, “while India’s Internet law minister of India Ravi Shankar tional methods of dispute resolution?
penetration is improving, evidence Prasad, Chief Justice of India Justice
from government reports suggests NV Ramana while referring to the The president of the Society of In-
that the country has a long way to go digital divide said that “a whole gen- dian Law Firms and the Bar Associa-
before attaining universal Internet eration of lawyers is being pushed out tion of India, Dr Lalit Bhasin says,
penetration. For example, TRAI’s of the system” due to the technological “With over 3 crore cases pending in

106 | BW LEGAL WORLD | November 2021

IN DEPTH

the courts all over India, the justice IT WAS CON- Minister for Culture, Community
delivery system has virtually broken SIDERED THAT and Youth, and Second Minister for
down. Ordinary citizens of this coun- ARBITRATION Law, Singapore, Edwin Tong SC said
try are deprived of quick, effective and COULD BE AN while getting a mediated settlement
inexpensive justice from the courts. EFFECTIVE agreement is a good first step, there
It was considered that arbitration ALTERNA- will always be a niggling worry, es-
could be an effective alternative dis- TIVE DISPUTE pecially when one deals with a cross-
pute resolution mechanism but un- RESOLUTION border party, that the other party may
fortunately, even arbitration has failed MECHANISM not fulfil their part of the agreement.
to take off In India. The reasons are BUT UNFORTU- Therefore, what’s important in the
manifold but the key factors are lack NATELY, EVEN mediation is the assurance that any
of institutional arbitration and vir- ARBITRATION agreement that parties reached will
tual monopolisation of arbitration by HAS FAILED be complied with. He added that the
former judges and lawyers. Other im- TO TAKE OFF Singapore Convention on Mediation,
portant sections among professionals IN INDIA. THE which facilitates the enforcement of
are left out from being appointed as REASONS ARE mediated settlement of an interna-
arbitrators. These include chartered MANIFOLD... tional commercial dispute, offers this
accountants, company secretaries, assurance to which 54 countries are
engineers, architects, consultants, re- signatories and six have ratified — sig-
tired bureaucrats, etc. Another factor nalling intention to be officially bound
is that in India we do not have trained by the convention.
arbitrators. Retired judges and law-
yers cannot be considered as trained India is currently one of the first
arbitrators as they are only familiar countries to sign the convention and
with the legal issues, which arise in is expected to ratify the convention in
the disputes but they cannot claim the foreseeable future.
expertise on the factual and techni-
cal aspects of the disputes. Another It is fair to say that the Indian jus-
factor is that arbitration has become tice delivery system is certainly going
as expensive, if not more, as litigation to rise like a phoenix from the ashes
and is also very prolonged.” of the pandemic in shape of a hybrid
legal system.
“Mediation seems to be the answer
for dispute resolution in India. This Pandemic & Law Firms
again would require trained media-
tors, which we are lacking today. We Rabindra Jhunjhunwala, Senior
would need institutional mediation Partner in Corporate Law Practice at
and these institutions should have Khaitan & Co., Mumbai answers in
such trained mediators whose names the affirmative and points us to the
should inspire confidence in the par- silver lining. He says, “Yes, there is
ties. A good beginning has been made going to be a certain amount of re-
in India particularly by the Delhi High calibration. We will see more people
Court, which set up a fully equipped choosing to work from home, it will
mediation centre with a very knowl- be more acceptable to firms and be
edgeable team of mediators. Other a new normal. Lots of new measures
high courts are also following the lead and precautions will become part of
given by the Delhi High Court.” our daily lives. There will be ration-
alisation everywhere, clients will want
At this point ODR looks like the more for less, we will see less travel yet
necessary and only solution to break- be more connected, there will be more
ing the pendency stalemate. Echo- efficiency in leased office spaces. Tech-
ing this sentiment in a recently held nology will become more important,
India-Singapore Mediation Summit, we will learn how to adopt technology
and not run away. There will be new

107 | BW LEGAL WORLD | November 2021

opportunities and reinvent ourselves. socialising it for effective compliance.” ing privacy and evidentiary value
Those with good leadership and a true of these recordings Chugh further
and strong partnership construct will LiveStreamof Sessions explained that “the guidelines also
do better than others.” ensure that a fine balance between
In July, CJI N.V. Ramana said that the visibility and privacy is maintained.
Remote Working Supreme Court was working on the lo- Cases involving matrimonial dis-
gistics and consensus of the full court putes, POCSO and sexual offences,
Manjaree Chowdhary, Executive Di- to start live streaming of proceedings etc. will not be livestreamed, and ad-
rector & General Counsel at Maruti to ensure there is no transmission loss ditionally a judge would have the op-
Suzuki India explains: “The biggest of information and misinterpretation tion to not live stream proceedings
change for the legal in-house teams of rulings that comes from the apex with prior intimation to the Chief
has been to adjust to a new normal of court. In a first, the Gujarat High Justice. Further, the recordings of
‘Work from Home’ and coping with Court officially launched Live Stream- the proceedings cannot be treated as
a host of safety SOPs. To effectively ing of Court Proceedings Rules, 2021 evidence and will not be considered
manage the pandemic it is impera- on July 17. Bharat Chugh, independ- as part of record of the case for any fu-
tive that teams are fully aware of the ent litigator and former judge, says, ture reference. Finally, to ensure that
dos and don’ts. We conducted exten- “The rules must be seen as a leap into the dignity of the due process of law
sive training to socialise these within the realm of greater accountability, is maintained, the rules provide that
the team. ‘Work from Home’ comes transparency, better access to justice, any person violating the code of con-
with its own set of challenges espe- and larger public interest. The experi- duct or using live stream as a means
cially of effective time management ment which started as a live stream of undue publicity will be punished
between home and office work in the on YouTube last year has now been as per the provisions of Contempt of
same physical space and learning clothed in a set of regulations noti- Courts Act, 1971.”
to be structured about the workday fied on the 17th. Live stream of court

Pendency at High Courts of India as on July 23, 2021

amidst various conflicting distrac- proceedings will not only instil trans- Making Big Strides
tions on time. As regards productivity, parency in the process of administra-
I have observed that if you can ensure tion of justice but will also act as the As we look ahead to the future of In-
good online connectivity with access ultimate instructional and educative dian legal landscape, we certainly
to data, productivity can usually be resource for the students of law and have made big strides in the last one
maintained. Creating a structured budding practicing lawyers. Addi- year, which if not for the unprec-
daily operating mechanism and fol- tionally, live stream of proceedings edented global crisis, would have
lowing it helps. I have seen this work will ensure that the common people probably taken years to happen.
in our legal team. I speak to my direct take interest in the judicial proceed- The pandemic has paved the way
reports every day and they in turn ings, thereby promoting a culture of for greater integration of technology
speak to their teams every morning accountability as well as demystifying into our legal systems as a means of
and at close of day. Ensuring data pro- the law and legal process for the citi- serving the rule of law, and we hope
tection has become another critical zens, a sine qua non for the establish- the system will become more inclu-
challenge. It’s imperative to have an ment of rule of law.” sive, ensuring access to justice for all
office policy in this regard and keep in times to come.
Dispelling the concerns surround-

108 | BW LEGAL WORLD | November 2021

IN DEPTH

STATE-WISE PENDENCY OF CASES AT DISTRICT
AND TALUKA COURTS AS UPDATED ON JULY 12

ON HTTPS://NJDG.ECOURTS.GOV.IN

ANDHRA PRADESH: 378290 of Delhi: 1052760 Total Criminal Pending Cases of
Total Civil Pending Cases of Total Pending Cases Andaman and Nicobar: 0
Andhra Pradesh: 315539 of Delhi: 1399 Total Pending Cases of
Total Criminal Pending Cases of Andaman and Nicobar: 153640
Andhra Pradesh: 693829 Total Civil Pending Cases of
Total Pending Cases of Diu and Daman: 1490 Total Civil Pending Cases of
Andhra Pradesh: xxxxxxxxx Total Criminal Pending Cases of Himachal Pradesh: 295603
Diu and Daman: 2889 Total Criminal Pending Cases of
ASSAM: 80399 Total Pending Cases of Himachal Pradesh: 449243
Total Civil Pending Cases of Diu and Daman: 1616 Total Pending Cases of
Assam: 292249 Total Civil Pending Cases of Himachal Pradesh: 94268
Total Criminal Pending Cases of DNH at Silvasa: 1978
Assam : 372648 Total Criminal Pending Cases of Total Civil Pending Cases of
Total Pending Cases of DNH at Silvasa: 3594 Jammu and Kashmir: 149782
Assam: 451684 Total Pending Cases of Total Criminal Pending Cases of
DNH at Silvasa: 24784 Jammu and Kashmir: 244050
Total Civil Pending Cases Total Pending Cases of
of Bihar: 2862861 Total Civil Pending Cases Jammu and Kashmir: 84158
Total Criminal Pending Cases of Goa: 35177
of Bihar: 3314545 Total Criminal Pending Cases Total Civil Pending Cases
Total Pending Cases of Goa: 59961 of Jharkhand: 392956
of Bihar: 22768 Total Pending Cases Total Criminal Pending Cases
of Goa: 476855 of Jharkhand: 477114
Total Civil Pending Cases of Total Pending Cases
Chandigarh: 40858 Total Civil Pending Cases of Jharkhand: 862472
Total Criminal Pending Cases of of Gujarat: 1629097
Chandigarh: 63626 Total Criminal Pending Cases Total Civil Pending Cases
Total Pending Cases of of Gujarat:2105952 of Karnataka:973338
Chandigarh: 66430 Total Pending Cases Total Criminal Pending Cases
of Gujarat: 415566 of Karnataka: 1835810
Total Civil Pending Cases of Total Pending Cases
Chhattisgarh: 287672 Total Civil Pending Cases of Karnataka: 503805
Total Criminal Pending Cases of of Haryana: 797947
Chhattisgarh: 354102 Total Criminal Pending Cases Total Civil Pending Cases
Total Pending Cases of of Haryana: 1213513 of Kerala: 1462742
Chhattisgarh: 237363 Total Pending Cases Total Criminal Pending Cases
of Haryana: 0 of Kerala: 1966547
Total Civil Pending Cases Total Pending Cases
of Delhi: 815397 Total Civil Pending Cases of of Kerala: 409
Total Criminal Pending Cases Andaman and Nicobar: 0

109 | BW LEGAL WORLD | November 2021

IN DEPTH

STATE-WISE PENDENCY OF CASES AT DISTRICT
AND TALUKA COURTS AS UPDATED ON JULY 12

ON HTTPS://NJDG.ECOURTS.GOV.IN

Total Civil Pending Cases of Nagaland: 1883 Total Civil Pending Cases
of Ladakh: 426 Total Criminal Pending Cases of Tamil Nadu: 568734
Total Criminal Pending Cases of Nagaland: 2224 Total Criminal Pending Cases
of Ladakh: 835 Total Pending Cases of Tamil Nadu: 1299380
Total Pending Cases of Nagaland: 296217 Total Pending Cases
of Ladakh: 365425 of Tamil Nadu: 311753
Total Civil Pending Cases
Total Civil Pending Cases of Orissa: 1155724 Total Civil Pending Cases
of Madhya Pradesh: 1340982 Total Criminal Pending Cases of Telangana: 436505
Total Criminal Pending Cases of Orissa: 1451941 Total Criminal Pending Cases
of Madhya Pradesh: 1706407 Total Pending Cases of Telangana: 748258
Total Pending Cases of of Orissa: 15835 Total Pending Cases
Madhya Pradesh: 1440563 of Telangana: 9060
Total Civil Pending Cases
Total Civil Pending Cases of Puducherry: 18476 Total Civil Pending Cases
of Maharashtra: 3429893 Total Criminal Pending Cases of Tripura: 31704
Total Criminal Pending Cases of Puducherry: 34311 Total Criminal Pending Cases
of Maharashtra: 4870456 Total Pending Cases of Tripura: 40764
Total Pending Cases of Puducherry: 383575 Total Pending Cases
of Maharashtra: 7584 of Tripura: 1888162
Total Civil Pending Cases
Total Civil Pending Cases of Punjab: 523109 Total Civil Pending Cases
of Manipur: 4288 Total Criminal Pending Cases of Uttar Pradesh: 7157536
Total Criminal Pending Cases of Punjab: 906684 Total Criminal Pending Cases
of Manipur: 11872 Total Pending Cases of Uttar Pradesh: 9045698
Total Pending Cases of Punjab: 507536 Total Pending Cases
of Manipur: 2854 of Uttar Pradesh: 43396
Total Civil Pending Cases
Total Civil Pending Cases of Rajasthan: 1435841 Total Civil Pending Cases
of Meghalaya: 7880 Total Criminal Pending Cases of Uttarakhand: 237779
Total Criminal Pending Cases of Rajasthan: 1943377 Total Criminal Pending Cases
of Meghalaya: 10734 Total Pending Cases of Uttarakhand: 281175
Total Pending Cases of Rajasthan: 632 Total Pending Cases
of Meghalaya: 1794 of Uttarakhand: 575418
Total Civil Pending Cases
Total Civil Pending Cases of Sikkim: 1218 Total Civil Pending Cases
of Mizoram: 3131 Total Criminal Pending Cases of West Bengal: 1901262
Total Criminal Pending Cases of Sikkim: 1850 Total Criminal Pending Cases
of Mizoram: 4925 Total Pending Cases of West Bengal: 2476680
Total Pending Cases of Sikkim: 730646 Total Pending Cases
of Mizoram: 341 of West Bengal: xxxxxxxxx
Total Civil Pending Cases

110 | BW LEGAL WORLD | November 2021

WHAT ARE YOU READING?

TOP BOOK Jyoti Sagar — Over the last few years, a lot of
RECOMMENDATIONS my reading has been around the language of
FROM OUR GUESTS TO the law — an area I am passionate about. My
SATIATE YOUR MINDS! favourite author in that area is Bryan Gar-
ner. I would encourage readers to pick up
Dr Lalit Bhasin: Senior Advocate Saurabh a good book on contemporary legal writ-
My favourite book Kirpal: My favourite book is ing style. In more recent times, I have enjoyed
of recent origin is Cosmos by Carl Sagan. That reading Simon Sinek and Yuval Noah Harari.
Fali S Nariman’s book unleashed an inquisitive
Before Memory streak in me and pushed me on Dr C Raj Kumar: As far as books are concerned,
Fades. to a quest for knowledge. While I probably give two recommendations and some-
that may have been in the field thing that I read very early on and have read many
of sciences originally, I believe times, continues to be The Story Of My Experiments
that a lawyer has also to con- With Truth by Mahatma Gandhi. That remains very
stantly endeavour for greater powerful and compelling. More recently, I would
knowledge if she has to reach the say I was deeply inspired by Michael Sandel’s book
top of her field. What Money Can’t Buy - The Moral Limits of Mar-
kets, given its depictions of the whole notion of the
Senior Advocate role of wealth, and also the way our society has
evolved when it comes to looking at everything
Sidharth Luthra: from the prism of money. And then Michael argues
Books that have im- that he favours the idea of a market economy but
pacted me are Za- not the market society. A fantastic book.
farnama by Guru Gobind Singh, a book by Mohammed Shaikh called Emperor
of The Five Rivers on Maharaja Ranjit Singh and Coromandel by Charles Allen. Madhavi Goradia Divan, Additional Solicitor
General in the Supreme Court of India: Dara Shu-
Senior Advocate and Member of Parliament, Seema Jhingan, Founding koh: The Man Who Would Be King by Avik Chanda
K.T.S. Tulsi: Besides John Grisham, I would Partner, LexCounsel: and Empress – The Astonishing Reign of Nur Ja-
suggest to the lawyers to read A Prison Diary Keeping han by Ruby Lal .
by Jeffrey Archer. It’s not only A Prison Diary some down-
I, A Prison Diary II because he disclosed a time for self
lot of things which were going on in the first and with
prison and they shifted him from that prison family is im-
to another prison, and that’s where he wrote portant. I en-
another book, both bestsellers. But it only joy unravel-
shows how corrupt the system is because ling different
liberty is such a thing. cultures and
people, their stories, history,
and lives and therefore trav-
elling comes on top of the list.
I read a lot (both fiction and
non-fiction) but Power of Now
by Eckhart Tolle is an all-time
favourite.

111 | BW LEGALWORLD | November 2021

AbhishekDadoo Anshul Prakash, AnujBerry, AnupamAlok, Apar Gupta, Ashwarya Sinha, Avnish Sharma,
Partner,Khaitan&Co Partner,Khaitan&Co Partner,Amarchand SeniorLegal Exe. Dir,Internet
Counsel,Sberbank FreedomFoundation Advocate-on-record, Partner,RealEstate,
Mangaldas&Co
SupremeCourtof Khaitan&Co

India

Bharat Chugh, DivyakantLahoti, FaisalSherwani, Harsh Walia, Ishani Chandra, Kanika Atul Kritika
Partner,L&LPartners Partner,Khaitan&Co ManagingPartner Premnarayen, Krishnamurthy,
IndependentCounsel Advocate-on-record, LawOffices SagarChandra& Partner,IndianLaw Partner,AK&Partners
Associates Partners
LahotiAdvocates

ManishaChaudhary, Manisha Shroff, Mini Gautam, Mishi Choudhary, Mohit Gogia, NatashaaShroff, Naval Chopra,
ManagingPartner, Partner,Khaitan Founder, Arthavat Founder&Legal Partner,S&R Partner,Shardul Partner,Shardul
UKCA&Partners &Co Law Offices Director, SFLC Associates Amarchand Amarchand
Mangaldas&Co Mangaldas&Co

NawneetVibhaw, Nitesh Jain, Pallavi Pratap, Petal Chandhok, PoonamVerma, Rishab Gupta, RoshanThomas,
Partner, Shardul Advocate Managing Partner, Partner,TrustLegal Partner,J.Sagar Partner,SAMC Partner,SAMC
Amarchand Pratap & Co
Mangaldas & Co Associates

S. Sai Sushanth, Sagar Chandra, Sheetal Kapur, Shivli Katyayan, Shubhangi Garg, ShwetaBansal, Siddharth Srivastava,
CEO, Sushanth IT Proprietor,Sagar Director-Legal, AssociateDir.-Legal, Partner,SAMC Under Secy, DPA IV Partner,Khaitan&Co
Law Associates ChandraAssociates Netflix Policybazaar&Group Division, MEA

SidharthSethi, Sudipta Siddharth Batra, Tariq Khan, Tarun Nangia,
Partner,J.Sagar
Associates Bhattacharjee, Partner, Khaitan Partner,Advani&Co Editor,Legally

Partner,Khaitan&Co &Co Speaking

A CUT ABOVE A jury panel
THE REST consisting of 15
legal luminaries
deliberated
on the best
lawyers and
legal influencers
for the BW Legal
World 40 Under
40 Awards for
2020

BW Legal World held its inaugural 40 Under 40 Awards in September
2020 to recognize the brightest young lawyers and legal influencers
who have left an indelible mark on the legal landscape of India in their
young career spans.

The Distinguished Jury

The stellar jury panel was chaired by Shardul S. Shroff, Executive Chair-
man, SAM & Co (unanimously designated as the Jury Chair by the jury
members); Parag Tripathi, Senior Advocate, Supreme Court of India (was unable to attend due
to a final hearing); P. S. Narasimha, former ASG of India; Sanjay Gulati, Group Head, GMR
Group ; Kamal Shah, Head - Africa and India Groups, Stephenson Harwood; Pinky Anand,
former ASG of India; Mukesh Butani, Founder & Managing Partner, BMR Legal; Pankaj
Vasani, Business Leader & Finance Expert; Ajit Mishra, Co-Head, Penningtons Manches LLP
India; Sidharth Luthra, Senior Advocate, Supreme Court of India; Rakhee Biswas, former
Global General Counsel, ITC Infotech; Rabindra Jhunjhunwala, Partner, Khaitan & Co; Ra-
ian Karanjawala, Managing Partner, Karanjawala & Company; Rajiv Luthra, Luthra & Luthra
Law Offices; Krrishan Singhania, Managing Partner, Singhania & Co; and Bobby Majumder,
Co-office, Managing Partner, Reed Smith LLP.
Jury members enthusiastically graced the virtual jury meets held in two full-day sessions
from across the world. Special mentions to Bobby Majumder and Rakhee Biswas for joining the
panel from US and France, respectively. The high-profile panel was intrigued to see the varied
mix of candidates comprising of law firm partners, in-house counsel, and legal changemakers.
Nominations kept flowing in until the last minute but only 71 contenders could make the cut
for the jury round.
The Jury members set the tone and raised the bar of the selection process right from the first
candidate onwards. Their perspicacious discussions with the nominees and post-interaction
deliberations made for a strict and remarkable jury led selection.

Deciding the Best from the Best Was a Tall Order

All the candidates had something unique about them. While some battled personal struggles
to triumph against all odds, some carved a niche for themselves like none other. Ultimately,
the jury zeroed in on the trailblazers who had made the maximum impact in their relatively
young careers in the legal ecosystem.

113 | BW LEGAL WORLD | November 2021

Raian 2020
Karanjawala
JURY Thelegallights
whopickedupthe
winnersoftheBW
LegalWorld40
Under40Awards

Bobby Majumder Shardul Shroff Krrishan Singhania
Pankaj Vasani

Pinky Anand Rakhee Biswas Sanjay Gulati
Kamal Shah Ajit Mishra

P. S. Narasimha

Mukesh Butani

Rajiv Luthra

Rabindra Jhunjhunwala

Sidharth Luthra

114 | BW LEGAL WORLD | November 2021



PUBLIC
M&A IS HIS

GAME

Can you please tell us where did Ibelievethelegalindustryisrapidly
movingtowardsspecialisation—
this illustrious journey begin AVISHEKDADOO, Partner,Khaitan&
Co.
and at what age did you decide

to study law. Please walk us

through your early years of

education and the decision of

becoming a lawyer.
I was introduced to the study of
law at age 16, and was instantly
hooked. At the time, I was study-
ing at La Martiniere for Boys,
Calcutta and wanted to be an engi-
neer. I enjoyed the sciences (spe-
cially physics) but law piqued my
interest in a whole different way. I
continued to study science for my
board examinations, but I knew I
enjoyed the law too much to choose
an alternate path. I was fortunate
to secure admission at the National
University of Juridical Sciences,
Kolkata and the rest fell into place
as life happened.

Who have been your guiding

North Stars and the biggest

inspiration in this journey?
I have been extremely fortunate to
receive mentorship and guidance
from some wonderful people. In
particular, I have looked up to and
learnt immensely while working
with Late S. H. Bhojani, Cyril Shroff,
Mr. Nihar Mody, Haigreve Khaitan,
Sudhir Bassi, Arindam Ghosh and
Aakash Choubey. Each one of them
has been an incredible mentor and

116 | BW LEGAL WORLD | November 2021

teacher. True masters of their craft, HQHF (High Quality Honest Fee) (for instance, we spoke of specialisa-
they have all inspired me in more model — this is best achieved by uti- tion). To prepare for the future,
ways than one, and I have sought lising expert or specialised resources Khaitan & Co has invested well in
(and received) their valuable guid- to deliver optimal output. For technology and infrastructure (this
ance on various aspects of being a instance, a focused Public M&A has already paid rich dividends dur-
person and lawyer. team, having already navigated vari- ing the pandemic, with the firm
ous nuances and complications of seamlessly transitioning through
Equally (if not more) important listed company deals, is far better work models without any adverse
are my two greatest guides and equipped to structure, execute and impact to clients). In addition, the
critics — my mother and my wife. complete a transaction in a time (and firm has not lost sight of some of the
They constantly keep me centred therefore cost) efficient manner. A fundamental growth drivers, such as
and I am eternally grateful for legal advisor’s role has substantially ‘learning and development’ and ‘peo-
their constant guidance. evolved over time – a legal advisor ple focussed’ policies.
can no longer choose to be myopic
Can you please tell us more about the specific legal issue she / he Other than work, what else keeps
is advising on. Instead, it is generally
about the array of work you you busy? Would you please
LAW FIRMS MUST
handle at your firm? share your other interests and
I specialise in Public M&A – it’s a CONSTANTLY
practice area focused on listed com- hobbies with our readers.
pany transactions. I typically advise REINVENT When I am not working, you will
financial sponsors and strategic most likely find me reading a good
investors in navigating through a THEMSELVES book, or planning my next trip. I like
complex web of Indian securities mountains, and I like beaches — and
laws (such as the insider trading TO ADJUST I try to make it a point to visit them
regulations, takeover regulations, as often as I can. I also try and pur-
listing regulations, to name a few) TO A RAPIDLY sue a new hobby every once in a
which are triggered while dealing in while — for instance, I have recently
shares of listed companies. EVOLVING taken to gardening and spend some
of my free time learning about plants
Public M&A requires expert WORLD and how best to care for them.
knowledge and experience about
the interplay between various stages expected that legal advisors look out Many congratulations on join-
of the deal — for instance, a control for the overall commercial (and not
deal of a listed company generally just legal) interest of their clients. ing the BW Legal World Elite 40
triggers a mandatory tender offer, This is the role of a ‘trusted advisor’,
requiring the contracting parties to who thinks above and beyond her / Under 40 Club of Achievers
upfront factor various possible out- his call of duty, all to protect the
comes on account of unpredictable interests of her / his client. 2020. What to your mind has
public tendering. While most deals
are friendly / negotiated, the listed What can law firms do today to helped you get to where you are
space occasionally witnesses hostile ensure they survive in an era of
takeover bids and this has been a disruption? How is your firm and what advice would you
source of great offensive and defen- staying futuristic?
sive learning in acquisition strategy. Charles Darwin (while speaking of have for others who want to set
humans) famously expounded the
Can you please share with our importance of adapting to change. off in a similar direction?
Law firms are no different — and Thank you very much — I am truly
readers your views on the must constantly reinvent themselves humbled by this recognition.
to adjust to a rapidly evolving world Through my journey, I have tried
‘Public M&A – Era of to stay true to a few simple rules:
(i) follow your passion, (ii) focus
Specialisation and Evolving more on learning (and less on
rewards), and (iii) constantly
Role of Legal Advisors’. endeavour to grow and improve
I believe the legal industry is rapidly yourself. These traits have held me
moving towards specialisation. in good stead, and I would cer-
Clients look for efficient delivery of tainly advice the same to others.
service at reasonable costs — the
The full interview is available on
www.bwlegalworld.com

117 | BW LEGAL WORLD | November 2021

OF PEOPLE,
FOR

PEOPLE

Communicationandstrategyare
crucialtolabourrelations,according
to ANSHULPRAKASH,Partner,
Khaitan&Co.

118 | BW LEGAL WORLD | November 2021

Anshul, can you please tell us members, senior members to staff be the key.
redundancies, media management, This is an era of specialisation. My
where did this illustrious journey workplace ethics, whistleblower com-
plaints, grievance redressal issues, firm (Khaitan & Co) has emphasised
begin and at what age did you de- workplace harassment and advocacy. on specialisation, independence to
work in what interests its lawyers and
cide to study law? Please walk us Can you please share with our stress on continuous learning and use
readers your expert opinion on the of technology.
through your early years of edu- state of labour relations today in
the context of the evolving times?. Seamless functioning of the firm
cation and the decision of becom- Employees are more aware than ever while all members continue to work
about their rights. Communication remotely, and good words from our
ing a lawyer. and strategy would be the key to la- clients indicate how technology can
I come from a family of civil servants. bour relations. play an important role in challenging
My father’s job as a senior police officer times.
entailed frequent transfers and these Rhetoric may not work when you
changes led to my school education deal with people, act quick and act Many congratulations on joining
spread across several cities. Change solid. Gone are the days when one the BW Legal World 40 Under 40
was constant for me and this, coupled could think of a template or one way club of achievers 2020. What to
with early interactions with mem- of dealing with employees. your mind has helped you get to
bers of judiciary at my father’s place where you are and what advice
of posting led me to believe that law TO SURVIVE IN would you give to others who
is a powerful tool to bring any change THIS ERA OF want to set off in a similar direc-
as also to influence people around you tion?
with knowledge. In my home state law DISRUPTION, A Be focused, do the best in what you
was looked down upon as a profession FIRM AND ITS choose, be on your guard and never fly
so with blessings and guidance of my when clients praise you, be self-critical
parents, I decided to take up law as the PARTNERS NEED and carry the fear that you can fail —
career choice while I was pursuing my TO BE AGILE AS that will inspire you to watchout for
9th standard studies. OPPOSED TO errors.
COMPLACENCY
Who have been your guiding North A golden piece of advice from the
Employee psyche needs to be un- treasure trove of your experiences
Stars and the biggest inspiration derstood and one who acquaints him- in the industry...
self with business dynamics and situ- Reputation is built with the courage
in this journey? ations on the ground would succeed to say what you have to say with all
My parents have been my inspira- with people. knowledge and support as opposed
tion and guide as well as mentor all to what others would want to hear. Be
through the jurney. They taught me What can law firms do today to subtle but firm, members of industry
well to balance things in life and have ensure they survive in an era of would tend to understand you and you
my feet on the ground while continu- disruption? How is your firm stay- earn their respect.
ing to push the envelope, and never ing futuristic?
to run in the direction where all go to. To survive in this era of disruption, a On a final note, can you please
Relations and goodwill always come firm and its partners need to be agile recommend to our readers your
in handy and you need to think of peo- as opposed to accepting complacency favourite book or movie/series
ple before business. My wife has been as the way of life. There is no limit to that left a lasting impression on
a pillar of support all the way. learning and being inclusive would you?
Art of War still holds relevance, not
Please tell us more about the array just for those in military but in every-
day life too. Movies — And Justice for
of work you handle at your firm. All, Invictus, Few Good Men.
Anything and everything that relates
to people issues of the firm’s clients — The full interview is available on
right from employee onboarding and www.bwlegalworld.com
documentation, exits, inquiries, com-
munication, indiscipline, policy em-
phasis, policy breach, representations
before the authorities, social security,
wages, employee benefits, equity-
based incentives, retention strategy,
training of staff, managers and board

119 | BW LEGAL WORLD | November 2021

A VERY
BANKABLE

LAWYER

Anupam, can you please tell us I have been fortunate to have had several people who took the time to

where did this illustrious jour- guide me in my journey until now. My first such guide was my Political

ney begin and at what age did Science teacher in DAV Shyamli, Mrs Shyamali Bhattacharya. She was

you decide to study law? Please the first teacher to have any hope in me, so I always tried to ensure that I

walk us through your early didn’t disappoint her; be it in studies or in my co-curricular activities. She

years of education and the always motivated me to do well, and somehow I did perform well every

decision of becoming a lawyer. time.
The decision to become a lawyer
was made on the day of my tenth In my professional life, VSV Rao, DMD, SIDBI, who was then Executive
board results. Upon being asked
about my future plans by my par- Director - Law & HR, IFCI is the one I really look up to. He taught me the
ents, I made a very focused and
responsible face and told them I basics of being a good in-house counsel and has always reposed his utmost
would like to study humanities as I
want to become a lawyer. faith in me.

One reason for this rehearsed In fact, it is because of his faith and confidence in me that I was given
response was to escape undergo-
ing the nightmare of having to take the responsibility to represent IFCI in one of the biggest cases concerning
up science (which I barely under-
stood) in my eleventh and twelfth the SARFAESI Act (The ITC versus Blue Coast Hotel case).
grade. Another reason was because
back then I loved reading John While moving out
Grisham novels and was quite fas-
cinated with the image of lawyers of IFCI, I went to Mr.
which he painted. Albeit reluc-
tantly, my parents agreed to it and Rao for his feedback
that’s when it all started.
I WON’T BE SURPRISEDon whether I will be
Who have been your guiding
IF ARTIFICIALable to handle the
North Stars and the biggest
entire legal portfolio
inspiration in this journey? INTELLIGENCE LIKE
of a foreign bank, MACHINE LEARNING
and he told me that BECOMES PART OF
every opportunity is OUR WORK AND
a challenge and he is
sure that I will do
well in this one. I
believe a good men-

tor is the one who

STARTS ACTING ASc h a l l e n g e s y o u ,
advises you, moti-

OUR ASSISTANTSvates you and ensures

120 | BW LEGAL WORLD | November 2021

house functions do you think

are best left to AI and Legal

tech?
We do use legal tech which assists us
in legal research and legal case man-
agement and I find them to be really
helpful. Working in a fintech giant
like Sber, I have to say that the future
of AI and technology-based solu-
tions is bright and I won’t be sur-
prised if AI like machine learning
becomes part of our work and start
acting as our assistants at work in
the days to come.

Thereisnofixedroutetoachieve Many congratulations on join-
successinthisprofession.Youwillhave
toremainfocused—ANUPAMALOK, ing the BW Legal World Elite 40
SeniorLegalCounsel,Sberbank
Under 40 Club of Achievers
you learn while you work. He has matters, legal opinions on day-to-
been that mentor to me. day queries, legal risk management, 2020. What to your mind has
contracts negotiation drafting and
Can you please tell us more vetting of contracts, regulatory legal helped you get to where you are
about the array of work you work, trade finance deals, HR
handle at Sberbank? related legal work, etc. and what advice would you give
At Sberbank, I handle all the legal
work of the bank’s India operations. Companies have become to those who want to set off in a
This includes advising Sberbank on exceedingly cost-conscious.
the legal framework concerning With that in mind, is automation similar direction?
banks, recovery and other litigation the way forward? Which in- Being a first-generation lawyer, my
course was not pre-chartered and I
had to try several aspects of legal
practice before deciding on in-house
banking role. I have worked in a pri-
vate company, a law firm, a govern-
ment company and a foreign com-
pany over the past eight and a half
years. During this time, I have
worked on media laws, IP laws, gen-
eral corporate practice and banking
laws, which I finally chose to be my
area of work and expertise. To all
budding lawyers, especially first gen-
eration lawyers, I would say keep
your options open, try different
aspects of the legal practice and
choose the one you enjoy the most.
There is no fixed route to achieve suc-
cess in this profession. You will have
to remain focused, and struggle is
inevitable. You will have to work very
hard to make a name in the industry,
but remember that hard work and
struggle are the foundation stones of
success.

The full interview is available on
www.bwlegalworld.com

121 | BW LEGAL WORLD | November 2021

DIGITAL
RIGHTS
CHAMPION

Apar, can you please tell us where get the scholarship, even though I was subsequently selected for an interview.

did this illustrious journey begin During the interview I was directly informed that my choice of law school set

and at what age did you decide to back my application from proceeding further. Irrespective, I was thrilled to

study law? Please walk us start law practice joining the law firm of Karanjawala & Co. I enjoyed my time

through your early years of edu- tremendously, learning the process of court work and fusing my love for the

cation and the decision of becom- substance of law with court strategy and the procedural apparatus which often

ing a lawyer. determines outcomes.
By the end of school, I wanted to
deepen my engagement with the After a year at the firm, I headed to Columbia University for a master’s degree
social sciences, but it also had to sat-
isfy a conventional, professional in law. Here, I took courses which matched my core interests in litigation and
need. It would not be fair to place my
choice to opt for law school on family, technology but also attended seminars on legal scholarship and multicultural-
friends, for more personally, I felt the
need to conform. Law seemed a fairly ism.
complimentary, “safe” option to my
existing interests. With this in mind, After returning to India, I practiced for a number of years, building a steady
I joined the newly established Amity
Law School, Indraprastha University, roster of private and public sector clients. My client roster included being
Delhi in 2002 when National Law
Schools were still being established retained as a counsel for the Internet and
across India.
Mobile Association of India. I started my
Towards the fifth and final year of
law school, I started writing a book own firm with two other colleagues, I WORK HARD
guided by the ambition of securing a which was acquired by another larger
Rhodes scholarship. The book serves
as a practitioner’s text on the entity within a year, then managed their TO FORGE
Information Technology Act, 2000, office for a number of years, and then
presently in its third edition, pub- CONSENSUS,
lished by LexisNexis India. I did not opened my own independent practice in

2015. ALIGN OTHERS

Can you please summarily tell us the TO THE
current status of the sectors of the

economy you work in, the roadblocks FIRM’S VISION
in our path and the way forward?

For me, movement is not always an THROUGH
advance, it can sway sideways, or even

cause retreats. I have often felt crippling PERSUASION
odds, inadequacy and a sense of hope-

122 | BW LEGAL WORLD | November 2021

of the demands of this role are new
to me (such as fundraising and
drawing up a budget) but I am
enjoying this with the encourage-
ment and advice of a participative
trustee group.

Can you please share with our

readers your expert views on

‘Privacy : More Than Just Oil’?
One of the greatest appeals of science
fiction is that life imitates art. Take,
for instance, Black Mirror. It features
a world in which our deepest fears
and desires are held hostage by tech-
nology. The core of its message is that
you, the user, the citizen is not in con-
trol. Yes, this may be possible in core
domains where technology and our
fundamental rights interact.
Technology is not moving towards
the direction of our fundamental
rights, core values that ensure that
Indian society will benefit from tech-
nology. This is what a dystopia looks
like and what happens when we
think our privacy rights are liquid or
fuel only meant for profit and unsus-
tainable economic exploitation.

Technologyisnotmovingtowardsthe Many congratulations on joining
directionofourfundamentalrights
— APARGUPTA,Co-founder&ED, the BW Legal World Elite 40
InternetFreedomFoundation
Under 40 Club of Achievers 2020.
lessness. Given that I am driven by slowly recognised that while the
passion, most of my challenges have judicial system is an important What to your mind has helped you
been emotional as much as I have institutional avenue to advance
persevered and continuously kept fundamental rights with technol- get to where you are and what
attempting to improve in all aspects ogy, these goals were best realised
of my life, relationships and work. with full play advocacy. This advice would you give to others
matched my interests, as I increas-
Early victories in court and social ingly enjoyed a more entrepreneur- who want to set off in a similar
movements have sometimes fol- ial role hoping to fill a core gap in
lowed setbacks and defeats. An the digital rights sector in India. direction?
increase in the roster of clients, Today, I work hard to forge consen- Work towards your passions. Lists
more prestigious case assignments sus, align others to the organisa- and external achievements are often
did not improve my motivation lev- tional vision through active persua- markers of privileges and if you are
els as my interest shifted to activ- sion and sharing ownership. Many lucky enough to receive them pass on
ism and organisation building. I those opportunities. Build genuine
human bonds of value and goodwill.
Keep learning, be curious and com-
passionate. Most importantly, find
your own way as much as benefiting
from the advice of friends, family and
professional colleagues.

The full interview is available on
www.bwlegalworld.com

123 | BW LEGAL WORLD | November 2021

LAW RUNS
IN HIS
VEINS

Ashwarya, can you please tell us Thebiggestinspirationformewould
certainlyhavetobemyparents—
where did this illustrious journey ASHWARYASINHA,Advocate-on-
record,SupremeCourtofIndia
begin and at what age did you

decide to study law? Please walk

us through your early years of

education and the decision of

becoming a lawyer.
My entire life has been swaddled
with legal and academic fabric. I
was fortunate enough to witness the
entire journey of a young first gen-
eration lawyer, my father, making
his name as a distinguished member
of the Supreme Court Bar. I grew up
watching him, surrounded by
numerous journals, files and law
books, and hearing about the law.
Accordingly, I developed interest in
the field at a very early age. Fairly so,
an aspect that fascinated me about
the profession during my early
school years was seeing my father
build a balance around his profes-
sional and personal life.

I completed my schooling from
DPS RK Puram in 2003 and thereaf-
ter joined college at NUJS, Kolkata.
NUJS was set up by one of the lead-
ing legal luminaries, NR Madhava
Menon and his persona and passion
for the legal profession shaped the
culture of the university. I feel hon-
oured that we were only the fourth
batch of NUJS and got the oppurtu-
nity to contribute academically and
culturally to what has become such

124 | BW LEGAL WORLD | November 2021

an eminent educational institution. immense pride and satisfaction, both landmark amendment to Section
My experience at NUJS has been personally and professionally, that it 5(8)(f ) of the IBC, thereby elevating
truly enriching, personally and pro- revolutionised the Indian real estate the status of homebuyers as
fessionally, and is dearly treasured by sector thereby benefiting thousands Financial Creditors. Post amend-
me. I believe the 5-year course of aggrieved homebuyers. Ironically, ment, the homebuyers not just
grooms students in a crucial way I take it as my greatest achievement became part of the Committee of
with the right training and has cer- and the greatest defeat. It is my belief Creditors but could now initiate
tainly shaped my approach towards that had the Supreme Court decided insolvency against the builders in
the legal profession. to remain seized of the Jaypee case the capacity of a financial creditor.
and not relegate it back to NCLT, it
Who have been your guiding would have made a much greater However, such sigh of relief was
legal and social impact. I am still of rather short lived, as the govern-
North Stars and the biggest the firm belief that much remains to ment by way of the 2019
be done for adequately protecting Amendment further qualified the
inspiration in this journey? requirement of either 10 per cent of
The biggest inspiration for me I AM OF THE FIRM homebuyers of a project or 100 in
would certainly have to be my par- number for initiation of insolvency
ents. I believe seeing my father in BELIEF THAT against a builder. The constitution-
the profession, starting from scratch ality of the said amendment has
and gaining from strength to MUCH REMAINS been challenged by me before the
strength is something which has Supreme Court as it is patently
moved me and shaped me to be an TO BE DONE FOR arbitrary and essentially fuels the
ambitious individual. I have learnt crisis of the homebuyers and merely
from him that genius is a lot of hard ADEQUATELY leaves them with an ineffectual and
work, patience and endurance. It toothless legislation.
entails having the quality of perse- PROTECTING
verance, that is where you hone your Many congratulations on joining
attention to detail. My mother radi- THE INTERESTS
ates qualities such as a high sense of the BW Legal World Elite 40
ethics, the will to do what was right OF HOMEBUYERS
although it might be unpopular, and Under 40 Club of Achievers
great dedication to a cause which the interests of homebuyers and my
has imbibed in me the moral ethos ambition remains to contribute 2020. What to your mind has
which is a cardinal pillar of the legal towards the same.
profession. helped you get to where you are
Can you please share with our
Lastly and certainly not the least, readers your expert views on and what advice would you give
my wife, who has been my pillar of ‘Section 5(8)(f), IBC: A full Circle
strength through thick and thin. She of Real Estate Crisis’? to others who want to set off in a
has constantly motivated me and After the coming into force of the
supported me in all my endeavours Insolvency and Bankruptcy Code, similar direction?
and inspired me to achieve greater 2016, the homebuyers of such pro- I am grateful to the jury for consid-
heights. The fact that she’s an active jects of erring builders against ering my candidature. I also happen
litigator herself, her insights have whom insolvency was initiated were to be one of the only independent
always been of immense value to me. essentially left remediless, and the active litigator on the entire list. I
entire process of administration of believe what led the jury to decide in
Which case would you call your justice for such homebuyers came to favor of my candidature was the
an absolute standstill. Subsequently, extraordinary litigation which led to
best win and which would you taking stock of the crisis as brought the landmark amendment in the
forth by the Jaypee case, the IBC, 2018 and the inclusion of sec-
consider your biggest defeat? Government of India brought a tion 5(8)(f ). My advice is to essen-
In 2018, I drafted and pleaded the tially keep doing your utmost, con-
case of Chitra Sharma Vs. Union of sistently and the rewards or honours
India (‘Jaypee PIL case’) which was will come. Never give up, despite
the driving force behind the histori- failures and setbacks. If you do fail,
cal Insolvency and Bankruptcy Code fail forward. Keep believing in your
Amendment 2018. It fills me with dreams.

The full interview is available on
www.bwlegalworld.com

125 | BW LEGAL WORLD | November 2021

STEEPED Bharat, can you please tell us
IN LAW
where did this illustrious journey
Theexposuretoastrongworkethic
andlawataveryearlyagegaveme begin and what led you to take
abigheadstart—BHARATCHUGH,
IndependentCounsel up law as a career?
Dad was a lawyer. I grew up with
the sights and sounds of law
around me. However, when I was
6 years old, my father’s law prac-
tice was brought to an abrupt halt
when he had a massive stroke. As a
result of which our family’s finan-
cial position became extremely
precarious. I had to contribute to
my household in terms of finances,
to keep it running. I am essen-
tially a dropout and left regular
schooling after 8th standard.
However, I continued my educa-
tion through the Open School,
frogleaped some classes (didn’t do
9th or 11th) and ended up gaining
crucial years in the process. I kept
working alongside.

As dad recovered a bit, he started
going back to the courts, and by the
age of 13-14 years, I started accom-
panying him and doing all that
comes with it: drafting pleadings,
co-ordinating things with court
clerks, buying court fee/stamp
papers, drafting written submis-
sions (for whatever they were
worth!). When my classmates were
learning the first principles of sci-
ence and mathematics, or just plain
fooling around, I was handling my
father’s law practice from a small
seat, near State Bank of India, right
below Tis Hazari Old Nazareth
Branch. A lot of learning in the
actual ways of law happened by
sheer osmosis, by just being there
— in the middle of the action. I was
at times happy on being excused
from the drudgery of banal school
work, and at other times, upset over
being plucked rudely from the com-
forts and certainties of a normal
childhood and all that comes with
it. However, I have zero regrets; the
early initiation in law, gave me for-
titude and a ‘I can deal with what-

126 | BW LEGAL WORLD | November 2021

ever life throws at me’ sort of atti- Hate to sound like an alarmist, but iv) Change in corporate culture: A
tude. The exposure to a strong work the truth is white collar crime strong corporate culture of zero tol-
ethic and law, at a very early age - (WCC) is on the rise and it is fur- erance of corrupt practices;
gave me a big headstart. Though I ther expected to grow by alarming iv) Protection of whistle-blowers
was missing school classes, I was proportions — in the next few and better incentives. We, as a legal
learning some valuable life lessons. months. system, really need to get our act
This was how I also managed to together on not just protection of
work my way through college and It wasn’t really the best of all pos- whistle-blowers but protection of
entered the profession. sible worlds — financially, even witnesses – in general, who are the
before Covid, but the pandemic has eyes and ears of the system.
Who have been your guiding created a vicious triangle (known as
Fraud Triangle), a deadly cocktail of Many congratulations on joining
North Stars in this journey? pressure, opportunity and rationali-
Although I’ve never had a ‘godfa- sation which has always provided a the BW Legal World Elite 40
ther’, I consider myself blessed to great breeding ground for WCC. But
have met many professionals from what do we do about it, as commer- Under 40 Club of Achievers
different walks of life. At 27 years, I cial organisations? Here are a few
had the great fortune of having suggestions: 2020. What to your mind has
experienced various facets of the
profession. I had been a judge, a i) Recognising that this is not the helped you get to where you are
lawyer, a teacher and have had the time to drop our guard;
good fortune to have met some and what advice would you give
remarkable people in each of these THEPANDEMIC
fields. As a judge, I was greatly others who want to set off in a
inspired by Justice Gita Mittal, the HASCREATED
current Chief Justice of Jammu and similar direction?
Kashmir and Ladakh High Court, AVICIOUS Through my personal life experi-
who is known for her compassion ences and some of them are already
towards the victims of injustice and TRIANGLE,A in public domain. I started working
was one my biggest motivations at an early age and that gave me a
during my days of social-justicing. I DEADLYMIX great exposure to law. It definitely
tried to model myself on her – in a helped me realize a lot about life,
lot of ways. Justice Muralidhar was OFPRESSURE, especially the injustices meted out
and is another judge that I really on people on daily basis; the plight
looked upto. As a lawyer, I will OPPORTUNITY& of people who are marginalised, who
always be grateful to Mr Rajiv don’t have access to resources, how
Luthra & Mr Sondhi who gave me RATIONALISATION they are possible given a rough deal
my first break and believed in me by the system; how difficult it is for a
and trusted me with some of the ii) Putting in place ‘adequate pro- common man to get justice and how
most important assignments dur- cedures’ to ensure that corrupt prac- important is sensitivity in judicial
ing my stint at L&L. tices do not take place. Having ‘ade- decision making.
quate procedures’ to check corrup-
Lastly, but certainly not the least, tion — in place is also a defence You also learn from everyone and
as far as teaching is concerned, I am under the new Prevention of everything. One’s failure also gives
forever indebted to my teacher Mr Corruption Act (“POCA”) where — the biggest lesson and we learn from
Rahul Yadav (fondly called ‘Rahul for the first time — even commercial our mistakes and failures as well.
Sir’ by his students) for being the organisations can also be prose-
extraordinary jurist that he is; he cuted for corruption, and not just In India, one cannot advertise legal
helped me build a strong conceptual errant individuals; services. In such a case, the most
legal base, which held me in good effective way to solicit client as a
stead in both judging and lawyering. iii) Expedients such as creation of young lawyer is to —focus on the case
‘ethical hotlines’ that provide an in hand, put your heart and soul and
Your views on ‘Covid and the rise anonymous, safe and easy reporting do it really well. Your efforts will man-
mechanism. ifest into clients over a period of time.
in white-collar crimes’... There have been so many times when
we have got cases from the court after
successful arguments in a case. That’s
how you build a reputation.

The full interview is available on
www.bwlegalworld.com

127 | BW LEGAL WORLD | November 2021

INSTILLING Divyakant, would you please tell
HOPE AND
CONFIDENCE us where did this illustrious jour-

Ifirmlybelievethateventhesmallest ney begin and at what age did you
ofstepscanleadtoahugerevolution
- DIVYAKANT LAHOTI,Advocate- decide to study law. Please walk
on-Record,LahotiAdvocates
us through your early years of

education and the decision of

becoming a lawyer.
The greatest motivating factor that
drew me to this profession was to wit-
ness the amount of respect one earns,
along with the satisfaction of being
able to aid and assist the clients to
achieve the ends of justice. No other
alternate profession ever seemed so
satisfying as well as fulfilling when
the client reposes trust in you.

My father’s hard working yet
smooth-sailing and comfortable life-
style as a senior advocate and then as
a High Court judge appealed to my
childhood dreams. I gained perspec-
tive of the profession as I closely
observed my father work in his office
attached to our house. It was an
opportunity for me to closely observe
an advocate’s profession and his life.
What drew me to this profession was
the respect and satisfaction one
derives from advising his clients and
securing them justice.

It was inspiring to witness the hope
and optimism that an advocate instils
in his client in the quest for justice.
With this approach in mind and
guidance from my father, I cruised
through the national-level entrance
exams to secure admission in Guru
Gobind Singh Indraprastha
University. Whereafter, in quench for
specialized legal knowledge, I did
LL.M. from King’s College London in
International Commercial Law. I also

128 | BW LEGAL WORLD | November 2021

attained specialisation in Intellectual challenge, which not just litigants but What are the three essentials to
Property Law from World Intellectual also many of our brother advocates
Property Organisation and University are facing while going through this becoming a competent Advocate
of South Africa. transition. Not every advocate has the
means and infrastructure, let alone on Record?
I have seen from a very young age technological know-how, to effec- The following three are sine qua non
that the justice in our country was tively conduct the virtual hearing. for not just successful Advocate on
delayed due to the inadequate infra- Record but a good litigator:
structure and insufficient resources. Many congratulations on joining • Case Assessment and Management.
This inspired me to become an activ- the BW Legal World Elite 40 Case assessment and risk analysis to
ist lawyer and since then I have been Under 40 Club of Achievers 2020. be done before institution of the case.
trying to improve the justice delivery What to your mind has helped you Identify the team members with area
system in our country by organizing get to where you are and what expertise and review the “To Do” list
informative webinars, seminars, advice would you have for others regularly to make sure nothing is left
workshops for all stakeholders of the who want to set off in a to chance. Develop your theme. Your
system. I firmly believe that even the similar direction? opening statement, examination of
smallest of steps can lead to a huge Apart from good oratory skills, ana- witnesses, and closing argument
revolution. lytical skills and a nick for perfection, should all tell your story. An eye on
facts and law is must. Be thorough
What in your opinion has been the WATCH THE with pleadings, depositions, exhibits,
key cases, and significant court
biggest change or challenge JUDGE’S FACIAL rulings.
• Court Analysis. Litigators often rep-
looming over the legal landscape EXPRESSIONS resent clients in different judicial
forums. Visit the courtroom to iden-
of India amid COVID-19? AND BODY tify practical or procedural issues and
The pandemic has brought about an prepare to overcome such hurdles to
overhaul in the justice delivery sys- LANGUAGE achieve smooth flow of presentation
tem of India. The e-courts team has of the case. Observe the court and
remarkably made possible what was DURING judges. Watch the judge’s facial
only a distant dream. The technologi- expressions and body language dur-
cal advancement in the field of law in ARGUMENTS ing arguments and trial. Be receptive
the last 6-7 months has been phe- to the questions and comments to
nomenal. All the courts and forums, AND TRIAL gauge what is important to the judge,
from District Court to Supreme and when/what he wants to hear
Court, have adopted the tools for vir- I have always considered team build- from you. Often the judge does not
tual hearing and are trying to conduct ing, interpersonal relationships and need (or want) to hear from a side
matters despite the effects of pan- balance of personal and professional who is winning. Be attentive to read
demic. However, there are still many life as my biggest strengths. I feel that what the judge is questioning before
roadblocks such as good connectivity, there are certain qualities which I deciding whether an argument is
adequate infrastructure, availability have developed with experience, and really necessary. Learn when not
of electronic copies of file, etc. which every upcoming advocate should to speak.
are yet to be resolved and stream- practice and develop, to attain suc- • Avoid Interjections. Hold the horses
lined. Although, this transition has cess in this field: until it’s your turn. Irrespective of
been challenging on various fronts, 1. Be a compassionate achiever your frustration, you should not
but in my opinion, the road ahead will 2. Be an able listener interrupt—especially not the judge.
only ease out these technological 3. Be assertive and courageous, not Calm and composed are the traits of
hiccups. aggressive successful lawyers who are more
4. Be creative and take a pragmatic believable and enjoy confidence of
The Supreme Court of India has solution based approach the court. Assert yourself with
interestingly observed that hearings 5. Have perseverance compassion.
on video- conferencing can be said
to be equivalent to in-person hear- The full interview is available on
ings as one can hear and observe the www.bwlegalworld.com
parties as if they are in the same
room.

But we must also understand the

129 | BW LEGAL WORLD | November 2021

Faisal, would you please tell us “I HAD A
TASTE FOR
where did this illustrious journey
LAW”
begin and at what age did you
Who have been your guiding North Stars and the biggest inspiration in
decide to study law. Please walk
this journey?
us through your early years of
Fortunately, in my case, the ‘North Stars’ haven’t been rare! As a law student I
education and the decision of
was fortunate to have been taught by a number of fine academicians both in
becoming a lawyer.
I think I had a taste for law from a India and subsequently, abroad as well. During my law school days, I also
rather early age and my parents were
astonishingly supportive, which was picked up and learnt what I could from the lawyers at the local courts in my
clear from the fact that they ulti-
mately granted me the respect and hometown.
complete freedom to make my own
intellectual choices. I recall, after my But more precisely, after graduation, I started as an apprentice to a very
basic schooling, I had developed an
instant fascination for political respectable Senior Advocate, Mr. Rakesh Dwivedi. And really, no mention of
thought, history, and economics – if
not earlier. I was drawn towards my career is truly complete without reference to his contributions.
writings, which advocated freedom
of speech, religion, thought, as also Thereafter, I had a longish stint at Parekh & Co. i.e. a boutique law firm in the
life and liberty of the individual. And
before I knew it, I was drawn towards New Delhi area. I am grateful to both Mr. Sameer Parekh, Managing Partner
law.
and Mr. E.R. Kumar, Partner at the firm in this regard. I might mention that it
I attended law school in my home-
town at the Faculty of Law at the was here that I had decided to prepare for and attempt the Advocate-On-
Aligarh Muslim University at
Aligarh.. You see, the university at Record exam held by the Supreme Court.
Aligarh does not just attract the
urban elite, but students from all Undoubtedly and more recently, at the firm – Mr. Rajiv K. Luthra, Managing
across the country and some from
abroad as well. It provided the per- Partner and Mr. Vijay K. Sondhi, Senior Partner have been constant pillars of
fect melting pot, if you will, to
exchange ideas and views as also to support and guidance. There are of course, countless others who I would not
understand each other.
want to name in extenso – but they
Thereafter, I did my LL.M from
the George Washington University have all definitely left an indelible
Law School (GW Law), Washington
D.C., which I attended on a merit mark on me. THE
scholarship. Here I learnt to admire,
the age-old technique i.e. the Socratic Would you please tell us more LEGISLATIVE
method, where the classroom experi- FRAMEWORK IN
ence is a shared dialogue between the about the array of work you MOST SECTORS
teacher and the student, thereby
ensuring that both are responsible handle at your firm? HAS FAILED TO
for pushing the dialogue forward ‘Array’ is certainly the right word! KEEP PACE WITH
through questioning. In an attempt to justify the rather THE WILL OF THE
wide variety of work that I do, I
And in many ways, I think my edu- take constant refuge in Lord Henry EXECUTIVE
cation is still continuing by virtue of Brougham’s famous quote: ‘a law-
practicing law and the mere process yer must know everything about
of living. something and something about
everything’. I am quite certain that
he had a dispute resolution lawyer
in mind, for the simple reason that

130 | BW LEGAL WORLD | November 2021

alone, should never be the basis to
revisit a statute – the fact is unneces-
sary complications, a culture of red-
tapism are the usual by-products of
out-dated laws that are not in keep-
ing with the hopes and aspirations of
current generations. Any regulatory
environment of the sort is less than
ideal for a modern-day start-up to
flourish.

Since the question you pose is
one about “ideals and realities” –
permit me to make a bold assertion
as a student of constitutional law
i.e. that ideally, the states should
not regulate private enterprise at
all; rather they should be granted
the widest possible liberty to realise
their full potential with really noth-
ing more than the forces of demand
and supply having a say in how
things play out.

Iwasalwayspreparedtolearn - Many congratulations on joining
FAISALSHERWANI,Partner,L&L
PartnersLawOfficesandAdvocate- the BW Legal World Elite 40
On-Record,SupremeCourtofIndia
Under 40 Club of Achievers 2020.
despite our tastes for a particular Indian legal landscape’.
area of law – more often, circum- What to your mind has helped you
stances deny us the luxury of solely The government of the day recog-
concentrating on one subject. nises that start-up initiatives could get to where you are and what
very well be the engine that drives
My responsibilities extend (or are our vibrant and diverse economy. advice would you have for others
confined, if you like) to advising and
acting for clients on a range of issues But despite the heart being in the who want to set off in a similar
and subjects such constitutional law right place, there is some amount of
aspects, arbitration laws, corporate, realisation today that the initiative direction?
commercial and insolvency laws, hasn’t been able to attain its full While I am absolutely honoured to
labour legislations, technology and potential. To my mind, much of this have featured in the elite list, I am
gaming laws, white-collar crimes is on account of the fact that the leg- equally conscious of the fact that it
and penal laws. islative framework in most sectors is too early in the day to stop and
has failed to keep pace with the will look back. But I think matters were
Would you please share with our of the executive branch. And in a par- helped by the fact that I was always
liamentary form of governance – this prepared to learn, adapt and more
readers your expert views on can spell doom. importantly, I took failures in my
stride (while, at the same time
‘Start-up India: Grappling with Many of our statutes relate back to learning from them). The profes-
the colonial era…and while antiquity sion itself helps you to deal with
the ideals and realities of the failures and hurdles. I say this all
the time – you may fall every now
and then, but the profession per-
mits you to get up, dust yourself off
and try all over again. So, in a sense,
the profession is kinder to the more
resilient ones!

The full interview is available on
www.bwlegalworld.com

131 | BW LEGAL WORLD | November 2021

NOTHING
COMES ON
A PLATTER

Harsh, can you please tell us skills for a lawyer, Mr. Evangelos Apostolou for making me understand
what it means to pay attention to detail in anything you do, Ms. Archana
where did this illustrious jour- Sasan for teaching me discipline and importance of timeliness in every-
thing one does and Mr. Asim Abbas for how honesty and hard work pays in
ney begin and at what age did the long term. My parents are my biggest inspiration and I learnt persever-
ance from them as nothing comes on a platter.
you decide to study law? Please
Can you please tell us more about the array of work you handle at
walk us through your early
your firm?
years of education and the deci- I look after Telecom, Media and Technology (TMT) matters in the firm. The
next decade will be a digital decade and will impact everyone’s life. It is very
sion of becoming a lawyer. interesting to work on new technology and how the current regulations
The journey of becoming a lawyer need to be interpreted to find answers to the queries raised by the clients.
began right after my board exams. Usually, regulations lag advancements in technology and it is pretty fasci-
Although I did not have anyone in nating to work in this area of law as there is a techlash that is taking place in
my family practising law, we had India now.
relatives and my father had friends
who were lawyers. I had always Can you please summarily tell us the current status of the sectors of
seen them in public life and the
respect they commanded in society. the economy you work in, the
I also used to read biographies of
eminent leaders and found most of roadblocks in our path and the THE WAY
them were lawyers. I understood FORWARD IS
very early that this is a profession way forward? TO BE AGILE
that is evergreen and is also The current status of the economy is AND KEEP ON
respected. So, there was a desire to not rosy in any sector. In my view, tech UPGRADING
become a lawyer, but when I com- sector will immensely help in revival of
pleted my +2 exams, I gave it a the economy. The biggest roadblock is YOURSELF
more serious thought and enrolled that we think tech will take away mil-
myself in a law college. lions of jobs in the future. If we look
back, when the IT revolution came, it
Who have been your guiding did take away jobs, but it also helped
those who sailed along to get new job
North Stars and the biggest opportunities. Millions of jobs were

inspiration in this journey? created when computers became pop- WITH NEW
I am very fortunate to have benefit- ular. Similarly, new skill sets will be
ted from extremely talented sen-
iors. I am grateful to Mr. Avik Saha
for his valuable lessons on drafting

132 | BW LEGAL WORLD | November 2021

tasks which goes a long way in
improving our productivity.

Other than work, what else

keeps you busy? Can you please

share your other interests and

hobbies with our readers?
Playing table tennis and chess are
some of the other areas I enjoy.
Reading of course is routine now.
Travelling to new places is a hobby,
but has been restricted lately due to
pandemic concerns.

Opportunitycanonlybeexploredif Many Congratulations on joining
onehastherightattitude,frameof
mindaccompaniedwithhardwork — the BW Legal World Elite 40
HARSHWALIA,Partner,Khaitan&Co
Under 40 Club of Achievers
required as digitalization and AI disruption? How is your firm
will change the world and take up 2020. What to your mind has
many jobs. Those who will keep up staying futuristic?
with the time will be benefitted from Khaitan & Co has undertaken many helped you get to where you are
it while those who will not upgrade steps to stay ahead and use technol-
themselves, will be left behind. So, ogy to stay ahead in the curve. We and what advice would you have
the way forward is to be agile and extensively use secured cloud infra-
keep on upgrading yourself with structure to ensure high-grade ser- for others who want to set off in
new skill sets. vices for all our IT requirements.
Knowledge management and time- a similar direction?
What can law firms do today to keeping have also been digitalized Thank you and it is an achieve-
ensure they survive in an era of with various features that ensures ment to win this coveted award. I
minimum time is spent on repeat would say it is a confluence of luck
and opportunity that I am here.
Opportunity can only be explored
if one has the right attitude, frame
of mind accompanied with hard
work for which there is no substi-
tute. I would advise, perseverance
as the most important virtue for
success.

What’s the secret sauce to

becoming a good lawyer? How

can a lawyer from a non-Ivy

-League college tip the balance

of success in his/her favour.
There is no fixed formulae for it. I
would say it is a mix of many quali-
ties but most important is to remain
honest to the profession and be pas-
sionate in whatever goals one sets
in life. College I would say only
helps to a certain extent, but a
career will have many stepping
stones and college is only one of
them.

The full interview is available on
www.bwlegalworld.com

133 | BW LEGAL WORLD | November 2021

A
FUTURISTIC
APPROACH

Ishani, can you please tell us uation from both sides.

where did this illustrious jour- Who have been your guiding North Stars and the biggest inspiration

ney begin and at what age did in this journey?
I would say that my parents were my North Stars in supporting my choice
you decide to study law.?Please of career and standing by me in all my career decisions. I would also be
remiss if I don’t mention my husband Sagar Chandra who has been my rock
walk us through your early and constant support in this journey.

years of education and the deci- Can you please tell us more about the array of work you handle at

sion of becoming a lawyer. your firm?
I decided fairly early on in my life to
become a lawyer, around the time I As the Managing Partner of the firm I handle a wide array of work but I am
was in Class 7th. My paternal
grandfather was a civil servant and particularly responsible for the
when he retired he dabbled in ser-
vice law. When he passed away in Intellectual Property Prosecution EARLY
the year 1997 he left his lawbooks department of the firm, though I
behind and being a bookworm I
could not see them unused and that am actively involved in all litiga- ADAPTATION
prompted my decision to be a law- tion matters for my clients as
yer. In school as well I chose the
Humanities stream as I wanted to well. TO AND
become a lawyer. My school DPS,
RK Puram provided a wonderful Can you please summarily tell COMFORT WITH
environment and encouraged me to TECHNOLOGY
pursue my dream at a time when us the current status of the IS THE WAY
becoming a lawyer was not such a TO SURVIVE
ubiquitous ambition. I joined the sectors of the economy you THIS ERA OF
National Law Institute University, DISRUPTION
Bhopal, being the second batch of work in, the roadblocks in our
the institution and will always
credit them for the training to have path and the way forward?
an open mind and look at every sit- Being an Intellectual property
law firm we work with diverse
sectors of the economy and unfor-
tunately the Covid-19 pandemic
has not left any sector untouched,
though I do see positive growth in

134 | BW LEGAL WORLD | November 2021

in a secure setting is what we are
working on to stay futuristic.

Other than work, what else keeps

you busy? Would you please

share your other interests and

hobbies with our readers.
Other than work, my 7-year-old
daughter keeps me busy. I enjoy
reading and watching movies. In
the lockdown I have discovered a
hidden artistic ability in myself and
am exploring the traditional art of
Madhubani painting.

Ouropenofficestructurereallyhelped Many congratulations on joining
ustostaycurrentduringthiscrisis—
ISHANICHANDRA, ManagingPartner, the BW Legal World Elite 40
SagarChandra&Associates
Under 40 Club of Achievers
the FMCG and the alcoholic bever- business interests of the client.
age industry. 2020. What to your mind has
What can law firms do today to
Would you please share with our ensure they survive in an era of helped you get to where you are
readers your expert views on disruption? How is your firm
‘Managing an International staying futuristic? and what advice would you have
Portfolio of Trademarks’. Again I would say early adaptation
With Indian companies doing to and comfort with technology is for others who want to set off in
trans-national business not only the way to survive this era of dis-
through the traditional channels ruption. Our open office structure a similar direction?
but also through e-commerce, really helped us to stay current dur- Thank you for making me a part of
managing an international portfo- ing this crisis making it easy for us this illustrious list. A love for what
lio of trademarks has become the to adapt to the “work from home” you do is I think the key to doing
need of the hour. It has to be a scenario. Additionally, digitisation well in any field of your choosing. I
thought out strategy based on the of data and availability of this data am passionate about the field of law
I’m in and that spur me to do better.
Additionally, I would not have been
able to give the energy and effort
into the profession without the
unflinching support of my partner
Sagar and my in-laws in my profes-
sional journey.

Also I would like to say that the
wonderful team of Sagar Chandra
& Associates makes it a pleasure to
go to work and spurs me to do bet-
ter everyday.

My advice to someone starting
out would be to find your passion
and work hard at it. Remember the
journey is not easy or fun every day
but it should make you happy at the
end of the day.

The full interview is available on
www.bwlegalworld.com

135 | BW LEGAL WORLD | November 2021

FOUNDATION
PAR

EXCELLENCE

Kanika, please tell us where did become a distinguished Solicitor, in addition to an Advocate. I always believe
that the decision to take the Solicitor examinations (which is one of the tough-
this illustrious journey begin and est in the country) was the best decision in my professional career as it gave me
a foundation par excellence.
what led you to take up law as a
Who have been your guiding North Stars in this journey?
career
I am a dual qualified lawyer and have Professionally, our Founding and Managing Partner, Gopika Pant, my first
been admitted as a Solicitor in India senior Mr. Nihar Mody and Late Mr. Anand Bhatt, under whom I had the priv-
with the Bombay Incorporated Law ilege to be trained, have been the most inspirational, encouraging and motivat-
Society in 2008 and as a Solicitor of ing guiding forces in my career. Personally, my parents Atul and Jyotika
the Senior Courts of England and Premnarayen, have been my pillars of strength, constantly instilling their con-
Wales in 2011 and am a member of fidence and values in me. I would like to thank each of them for their faith,
the International Bar Association as unconditional support and belief in me, which has enabled me to grow and
well. I completed my law degree from achieve my dream.
the Government Law College,
Mumbai (GLC) in 2006 and have Can you please tell us more about the array of work you handle at your
been enrolled as an advocate with the
Bar Council of Maharashtra and Goa firm?
since July, 2006. I set up and have been managing ILP’s Mumbai office since 2012. ILP, estab-

I always wanted to be a lawyer lished in 1999 by Gopika Pant, is a boutique corporate commercial law firm
from my early days and I worked very
hard towards achieving my dream. I having domestic presence with offices in Mumbai and New Delhi and a global
remember preparing my legal educa-
tion roadmap as early as Grade 5 and reach as it has a best friend and referral relationship with Ashurst, LLP, bring-
while most of my friends were going
abroad to study, I chose to stay in ing international best practices to
India and pursue the 5-year
B.L.S.L.L.B degree at GLC where I your doorstep. ILP has significant
excelled academically as a university
topper. experience in cross border com- I HAVE BEEN,
mercial transactions (mergers, AND CONTINUE
I started working in the third year acquisitions, joint ventures, busi-
of law school itself to gain as much ness alliances), private equity TO BE,
practical experience as I could and I investments and exits, information INSTRUMENTAL
underwent rigorous training as an technology, human resources and IN TRAINING AND
articled clerk at Wadia Ghandy & Co, employment matters, real estate
Advocates and Solicitors in the field transactions, banking and finance, MENTORING
of corporate law, real estate and liti- foreign investments into and out- LAWYERS AND
gation under some of the most illus- bound investments from India,
trious and leading lawyers in our intellectual property, media, enter-
country, which equipped me to tainment and sports law.

Please share with our readers TRAINEES AT ILP
your expert views on the

136 | BW LEGAL WORLD | November 2021

on the concurrent list). The first
immediate step is to continue to
focus on online learning in accord-
ance with the government’s mission
of ‘Digital India’. The pandemic has
brought a change in the dynamics
of education and our Courts have
been extremely encouraging and
forthcoming in ensuring that the
education of our children is not
impacted during this most unprec-
edented phase. Going forward, a
blend of physical learning comple-
mented with digital learning, would
be ideal.

Ilookforwardtoworkingevenharder Many congratulations on joining
andgivingbacktothelegalprofession
—KANIKAATULPREMNARAYEN, the BW Legal World Elite 40
Partner,IndianLawPartners
Under 40 Club of Achievers 2020.
National Education Policy 2020. WHAT TO THINK and provides a
right to education to all. Learning What to your mind has helped you
What are some of the aspects of our mother tongue, regional lan-
guages and Sanskrit would give our get to where you are and what
the policy that could use further children the opportunity to
embrace our rich culture and herit- advice would you have for others
reforms? age. Students would no longer need
The National Education Policy to study a particular subject just who want to set off in a similar
2020 (NEP, 2020) is extremely because they have to! Emphasis on
progressive and futuristic, and I practical learning, co-curricular direction?
have been following this very activities, vocational subjects and I would once again like to thank Dr.
closely both, as a citizen of India mental health will pave the way for Batra and BusinessWorld for provid-
and as a mother of two small chil- a happier and more fulfilled future ing this prestigious platform and
dren. As Benjamin Franklin said, generation. opportunity to me. I would also like
“An investment in knowledge pays to thank the most distinguished jury
the best interest.” The NEP, 2020 However, while the NEP 2020 is for recognising my hardwork, dedi-
outlines the vision of India’s new holistic, it is essential that positive cation and achievements and for
education system providing a com- and effective steps are taken for felicitating me with this most distin-
prehensive framework for elemen- implementation of the NEP by all guished award.
tary education to higher education stakeholders such as parents,
and aims to transform India’s edu- teachers, counsellors, central and My impeccable professional and
cation system by emphasizing on state governments (as education is educational track record, sincere
the fact that children should focus dedication, leadership skills, exten-
on HOW TO THINK and not sive experience and comprehensive
understanding of the law have
moulded who I am today. I have been,
and continue to be, instrumental in
training and mentoring lawyers and
trainees at ILP (as well as law stu-
dents) and have assisted in building a
well-grounded, focused, like minded
and enthusiastic team of lawyers and
I look forward to working even
harder and giving back to the legal
profession, the amount I have learnt
and gained from it.

The full interview is available on
www.bwlegalworld.com

137 | BW LEGAL WORLD | November 2021

“DISRUPTION
IS

NECESSARY”

Kritika, please tell us where did Who have been your guiding North Stars in this journey?
I have learnt a lot from the other Founding Partner of my law firm- Anuroop
this illustrious journey begin Omkar. His grit, resilience and fire-fighting skills specially in high-pressure
transactions always inspire me to emulate him.
and what led you to take up law
Can you please tell us more about the array of work you handle at
as a career...
I am a compulsive reader. I read your firm?
whatever comes my way and I gen- I am one of the Founding Partners at AK and Partners. We are a full-service
erally cannot sleep without read- law firm that is heavily into regulatory practice like Banking and Finance,
ing. In my childhood, I did not have Insurance as well as related technological offshoots like Fintech and
access to libraries or constant sup- Insurance-tech. We also regularly undertake other work like private equity,
ply of new books. This was much mergers and acquisitions, foreign investment and general corporate.
before Flipkart and Amazon. So, I
ended up finishing literature books Taleb and Kahneman are two of your favourite authors. Please tell
including a bulk of Shakespeare
from the second-hand book market us more about the lessons about corporate transactions that you’ve
meant for graduate level students.
Similarly, I ended up reading the learnt from their books.
textbook for Secretarial Practice
and Organization of Commerce of Taleb and Kahneman are both cele-
my elder sister when I was around
15 years old. I was intrigued and SMART brated behavioural economists.
hooked instantly. I asked her where Kahneman has actually won a Nobel
I could read more about company
law and business structures. She CONTRACTS Prize for his work. Their work
told me I should become a corpo- POWERED helped me develop mental tools to
rate lawyer. Unlike many teenagers BY AI AND think more practically in terms of
of my generation, I actually went to how the corporate world actually
the internet café to do real research. BLOCKCHAIN works.
I read up and found out about CAN BE
national law universities. I applied GAME For example, let us take the case
to around four of them in the pre- of sustainable development and cli-
CLAT era and got through Gujarat mate change. Mr. Taleb calls things
National Law University (GNLU). like these things imposing virtues
on others. It is difficult to bring
these changes because they increase

CHANGERS the costs of present systems or
require a business to overhaul an

138 | BW LEGAL WORLD | November 2021

amount of disruption, there will
always be room for those lawyers
who can think out of box and pro-
vide an original analysis or thought
process to their clients.

AI is a reality we must accept. It is
on the cusp and will become a part
of not just legal but many other
industries in the near future. They
may become handy tools to prepare
first draft of commercial docu-
ments, board and shareholder reso-
lutions etc. The human resource
engaged in due diligence is poised
to shrink considerably.

However, I believe that the com-
mercial agreements and transac-
tion documents shall still require a
once over by real human beings.

Smart contracts powered by AI
and blockchain can be game chang-
ers but we presently lack the ecosys-
tem to make them workable. We
will have to promote Central Bank
Digital Currency in India and faster
forex remittance alternatives to
SWIFT to make them a solution to
the problem of contract enforce-
ment in India.

Thefocusofmyteamonanalysis Many congratulations on joining
allowsustodeliversolutions —
KRITIKAKRISHNAMURTHY, the BW Legal World Elite 40
Partner,AK&Partners
Under 40 Club of Achievers
entire system. However, if this recurring expenses.
same responsibility is packaged in a 2020. What to your mind has
way that is commercially sustaina- What can law firms do today to
ble, the change is adopted and even helped you get to where you are?
becomes viral. An example is the ensure they survive in an era of I love what I do. It gives me the moti-
hospitality industry before Covid. vation to approach every transaction,
Many high-end hotels agree to disruption? How is your firm legal opinion and dispute resolution
change your bedding and towels with a vivid interest to learn some-
only if you leave them in a particu- staying futuristic? Are there any thing new and deliver something that
lar place or leave a sign for them to is commercially feasible and generate
do it because it is also environmen- aspects of corporate transac- maximum options for the client to
tally sustainable. This also reduces choose from. The focus of my team
the cost of laundry which reduces tions that you think AI will be on analysis allows us to deliver solu-
tions as against repetitive transaction
able to take over in the near structures. Once you get a name in
the industry as a problem solver,
future? more challenging work keeps coming
According to Aurobindo, disrup- your way and it becomes a cycle.
tion is necessary to make way for
construction and a new future. I The full interview is available on
heartily agree. Regardless of the www.bwlegalworld.com

139 | BW LEGAL WORLD | November 2021

“HUMILITY
GOES A

LONG WAY”

Manisha, please tell us where Iworktolearn,tooutsmartmy
opponentsandtoensurethebestfor
did this illustrious journey begin myclients—MANISHACHAUDHARY,
ManagingPartneratUKCA&Partners
and what led you to take up law

as a career...
This is the first question I usually
get asked i.e. “So, when did you, or
what made you decide to be a law-
yer?” And honestly as clichéd as it
may sound, my answer usually is “I
was born to be one!” My parents
had always encouraged my brother
and I to follow our dreams.

In fact, as a child, I would have my
parents sign illegible, handwritten
contracts to make sure I get paid in
cash or in kind for the chores I had
done and all sibling disputes were
handled in the High Court of
“Mother” and I would put across
detailed arguments as to how I had
been wronged and have my brother
compensate me for the same. Also, I
have been sitting in my father’s office
since I was in the 9th grade, for hours
reading law books at random, which
at the time made no sense to me. So
as far as I remember, I would bolt to
our front gate to get the High Court
‘Cause List’ to find my father’s name,
read his files and point out the gram-
matical mistakes (concepts of legal
English were lost on me) and organ-
ize the office files and Bare Acts. I

140 | BW LEGAL WORLD | November 2021

would strut into his office and take have very peculiar and specialised mark judgments, reforms and
dictation from his juniors and then jurisprudence applicable to them. major transactions happening in
type it out for them, which they In Company Law it’s a court of India and around the world.
sportingly let me do. I truly believe equity and that aspect changes
that the inclinations towards the when its acting like the Many Congratulations on joining
right subjects, an inquisitive attitude Adjudicating Authority in
towards life, and the constant need to Insolvency cases, or when the the BW Legal World Elite 40
learn and try new things, are inher- NCLAT sits as an appellate court in
ent qualities of every lawyer and the Competition Law matters. One of Under 40 Club of Achievers
very fact that I declared myself to be a the ways to have a great practice
future ‘financial’ lawyer to all my near before these forums is to ensure 2020. What to your mind has
and dear ones in the 8th grade was that you understand the foregoing
probably one of my first declaration distinctions and appreciate the helped you get to where you are
of my love for law. summary nature of the proceed-
ings. To further build a practice one and what advice would you have
Who have been your guiding must be well versed with the com-
mercial aspects of business and for others who want to set off in
North Stars in this journey? think from the point of view of the
I could not impress upon this more a similar direction?
that my greatest inspiration is my IALWAYSBACK What I say here is something I
father, Dr. U. K. Chaudhary, an absolutely practice and am thus
eminent Senior Advocate. I con- MYARGUMENTS preaching. Law is arduous, so come
sider him to be the epitome of hard to it fully prepared to give it your
work, humility and excellence in WITHHARD all. One has to make conscious
the legal profession, something endeavours to improve their court
which I as well as any young lawyer FACTS,WHICH craft, drafting skills, analytical abil-
would wish to emulate. Apart from ities and knowledge of law on a
him, there are some women lawyers TOMEISTHE daily basis. I try practical applica-
and judges in India and abroad tion of the law outside the book,
who are great inspirations as well. PROFESSION’S research like my life depends on it
Naming a few would be an injustice and I always back my arguments or
to the others so let’s just say that I CORNERSTONE legal opinion with hard facts, which
have a galaxy of stars I look up to. to me is the cornerstone of the pro-
client. Of course one must be thor- fession. All my drafts are made
Can you please tell us more ough with the Companies Act espe- while thinking of the possible con-
cially compliances, SEBI regula- sequence of every sentence that I
about the array of work you tion, FEMA, RBI guidelines, write. I have also made it a point to
accounting principles, Insolvency be honest, fair and never suppress
handle at your firm? and Bankruptcy Code and its any document or information. I am
I am the Managing Partner at numerous regulations, SARFAESI, candid with my clients and work on
UKCA and Partners and my forte banking law and regulations, every case as if it’s my only case. I do
lies in the field of Corporate and Competition Act, Arbitration and not bury myself in work for the sake
Commercial Dispute Resolution. Conciliation Act etc. These are of making money. I work to learn,
Apart from practicing law, I handle what I refer to as base laws for any to outsmart my opponents and to
all the aspects of running the firm good corporate/ commercial law ensure the best for my clients.
and am proud to call myself an practice, be it dispute resolution or Further, humility goes a long way,
entrepreneur as well. transactions. It is also necessary so I am always respectful to juniors,
that you constantly update yourself seniors, judges, staff, etc. Most
Can you please share with our with the recent amendments, land- importantly, I enjoy being a lawyer,
and consider it as my life’s passion.
readers your views on ‘Building Law embodies within itself history,
culture, tradition, religion, politics
a Practice at NCLT’? etc. and we must uphold it and
NCLT and NCLAT, depending on mould it for the welfare of all.
what law you choose to practice,
The full interview is available on
www.bwlegalworld.com

141 | BW LEGAL WORLD | November 2021

ENSURING
BUSINESS
CONTINUITY

Manisha, please tell us where did this illustrious journey begin and at and debt listings both nationally and

what age did you decide to study law. Please walk us through your early internationally (bonds, CPs, CDs)

years of education and the decision of becoming a lawyer... structured products, derivatives, pri-

I am not so sure about the “illustrious journey” part but I come from a family of vate credit and restructuring and

lawyers in Kolkata. My parents were always keen for me and my sister (who is insolvency.

also a lawyer) to be academically proficient and therefore apart from normal

schoolwork, we were exposed to small and inane legal work like dictation, fil- Can you please summarily tell us

ing, list of dates, typing or numbering etc. While then, it seemed mundane but the current status of the sectors

I feel, subconsciously the seeds of becoming a lawyer were planted then. of the economy you work in, the

I was fortunate to get into NUJS, Kolkata through the all India entrance exams, roadblocks in our path and the

during my final year at school and I enjoyed law and college life in equal meas- way forward?

ure. Law as a subject and the way it was taught in NUJS was fun and challeng- The banking sector was one of the

ing. So, that is how it all started. sectors to be accorded the “essential

services” status once the Covid-19

Who have been your guiding North Stars and the biggest inspiration in pandemic began and while it has

this journey? been resilient, various reports have

There is not one single person whom I can say is my mentor. Obviously, my come forth that the pandemic has

parents initially. They always supported me in my endeavors. In my first job affected the best of companies and

with Amarchand Mangaldas, Mr. R. Vedsagar and the late Mr. S.H. Bhojani, businesses that were otherwise viable

taught me the basics of banking and finance and I always feel that has moulded before the outbreak. The status of the

me into a debt financing lawyer, which is my chosen specialisation. In my pre- economy is currently low and various

sent firm, Khaitan & Co, I have always got tremendous support and mentor- sectors which were flourishing prior

ship from Mr. Haigreve Khaitan and Mr. Sudhir to pandemic have

Bassi who have both taught me nuances about being been hit, therefore

a partner, stepping into the leadership role and run- HAVING SOUND the banking sector
ning a law firm practice. FUNDAMENTALS is rallying to help
these customers
Can you please tell us more about the array of WILL ALWAYS and sectors whilst
work you handle at your firm? HELP YOU, simultaneously
At Khaitan & Co, I divide my time between two BE IT AS AN trying to bring
practice areas, which also complement each other reforms that
as both relate to fund raising and debt i.e. (i) Debt ensure liquidity
Capital Markets and (ii) Banking & Finance. This and ease of busi-

covers the whole gamut of financing products ASSOCIATE OR ness in these times.
including general corporate finance, cross border The aftermath

lender, acquisition finance, project and construc- AS A PARTNER of this pandemic
tion finance, fund raising through debt instruments would be a possi-

142 | BW LEGAL WORLD | November 2021

where this has been substituted by
video calls and meetings. Quality of
legal work being the best despite the
lower revenues in such times is the
key to maintaining and building cli-
ent relationships.

One of the important factors that
has helped Khaitan wither the Covid-
19 period has been a dedicated IT
infrastructure that has enabled
seamless remote working for all the
lawyers of the firm, many of whom
are in their hometowns. Anticipating
the crisis and ensuring business con-
tinuity, has kept the firm, one step
ahead. Further, we also have a dedi-
cated Covid-19 resource centre,
wherein the updates in law and other
fields due to the impact of the virus
are collated in an easily accessible
form for all on our website.

Toensurethatlawfirmssurviveinthis Other than work, what else keeps
eraofdisruption,theyneedtoinvestin
technology&digitisation—MANISHA you busy? Would you please
SHROFF,Partner,Khaitan&Co
share your other interests and

hobbies with our readers.
I love to travel and try out new cui-
sines. If I am not sleeping during my
time off, you will find me either paint-
ing, cooking or binge-watching
British series or reading.

ble and very likely rise in the number sector has had to reinvent itself. It has Many congratulations on joining
of bad debts across small & medium concentrated on how to develop and
businesses as well as large enter- have sustainable business continuity the BW Legal World Elite 40
prises that did not anticipate inactiv- models in place and has adapted to
ity for such a long period of time. embrace the digitalised and socially Under 40 Club of Achievers 2020.
Experts across the sector are antici- distant way of banking.
pating a steep rise in the number of What to your mind has helped you
non-performing assets that banks What can law firms do today to
will have to declare. get to where you are and what
ensure they survive in an era of
Though the silver lining is that advice would you have for others
businesses are getting back on track disruption? How is your firm stay-
in the “new normal” and for us as who want to set off in a similar
legal service providers as well, it has ing futuristic?
been a learning experience to adapt In order to ensure that law firms sur- direction?
the documentation and the process vive in this era of rapid disruption, It may sound cliched but there is no
of successful completion of transac- law firms need to invest in technol- substitute for hard work. I firmly
tions factoring in the pandemic and ogy and digitisation. Traditional believe that law literally is not
remote executions. forms of business development for “rocket science” and there is nothing
law firms through in-person meet- that cannot be achieved by hard
Over these few months the banking ings, conferences and networking work and constant reading. Also
has had to adopt to the “new normal” having sound fundamentals will
always help you, be it as an associate
or as a Partner.

The full interview is available on
www.bwlegalworld.com

143 | BW LEGAL WORLD | November 2021

STARTUP
ORIENTED
PRACTICE

Mini, can you please tell us Lawyersneedtobemoreinvolved
ineveryaspectofthebusiness and
where did this illustrious jour- decisionmaking—MINIGAUTAM,
Founder,ArthavatLawOffices
ney begin and at what age did

you decide to study law? Please

walk us through your early

years of education and the deci-

sion of becoming a lawyer.
I decided to study law at the age of
16, with a commitment to focus on
integrity and ethics based practice.
In the early years of my education
as a lawyer, I strongly focused on
law of contracts, which has helped
me to this day. At the time, when we
were required to be more focused
on the academic aspects, I spent
considerable time working on my
drafting and writing skills. These
small actions; became habits that
would last a lifetime.

Who have been your guiding

North Stars and the biggest

inspiration in this journey?
In the initial years of my career,
Mr.Ketan Mukhija (Partner, P&A
Law Offices), had been a mentor
and guide. I have deeply admired
the work of Mr.Shardul Shroff and
his commitment to excellence. I
also believe that in-house counsels
can be strong pillars and influenc-
ers of the legal community, and in
this regard Mr.Rajendra Misra’s
(General Counsel, IHCL) journey

144 | BW LEGAL WORLD | November 2021

has been commendable. I also the healthcare industry, timely pay- please share your other inter-
applaud the work of practice ments for the MSME sector, online
focused lawyers, who have carved a safety for e-commerce websites, ests and hobbies with our read-
niche for themselves, like Mr. Artificial Intelligence integration
Anirudh Rastogi from Ikigai Law. for fintech companies, licensing ers.
issues in media and entertainment I write whenever I can, whether it is
Can you please tell us more industry, etc. A common thread in articles, blogs, fiction, opinions;
most of these is how to optimally writing in any form helps me express
about the array of work you use technology, while ensuring my thoughts, and connect with
safety and protection of one’s pro- thousands of readers, whose feed-
handle at your firm? prietary ownership. This will be the back in turn has helped my writing.
Our current focus is on technology future we need to be ready and pre-
related laws. With the advent of the pared for. Many congratulations on joining
pandemic, most businesses have
moved online, and there are a host What can law firms do today to the BW Legal World Elite 40
of legal issues which have arisen in ensure they survive in an era of
the tech space. In the years to come, disruption? How is your firm Under 40 Club of Achievers
data will be the most valuable asset staying futuristic?
and it will be up to companies to Lawyers need to be more involved 2020. What to your mind has
unlock its full potential. in every aspect of the business, and
decision making, to provide ser- helped you get to where you are
We have a startup oriented prac-
tice, since I see a lot of potential for OUR CURRENT and what advice would you have
economic growth, employment FOCUS IS ON
generation and innovation coming for others who want to set off in
from startups. It also helps us as TECHNOLOGY
lawyers to be more involved in the RELATED LAWS a similar direction?
company from the very ideation I think what has helped me most is
stage and be a part of their journey. vices which are more customised my passion for the work; being a
than generic in nature. It is only lawyer is not just a job, and to give
I have always believed that law- when you are an invaluable part of your 100% to something year after
yers need to understand the your client’s ecosystem, that you year, requires a deep interest and
nuances of business and contribute will be irreplaceable. We stay futur- love for what you do. I try to be
to strategic decisions as well, to istic by continuously evolving and involved with the legal community
provide relevant and appropriate adapting to the changing business in a complete way; therefore I con-
legal advice. Working with multiple and sectoral requirements. sider teaching and mentoring law
clients in the digital healthcare, fin- students and younger colleagues, a
tech and edutech spaces has been a Are there any LegalTech tools part of my work. Our experience and
fulfilling experience. that you lean on to keep pace skills, when applied for our own pro-
with the ever-evolving business fessional success, are only put to
While these are our prime focus as well as the legal environ- partial use, but when we apply them
areas for the future, we regularly ment? for the growth and success of others,
advise clients on M&A, invest- We use technology as much as pos- we can really make a difference, and
ments, project financing and gen- sible, and are even trying to develop even realise our full potential.
eral corporate related matters. our in house tools for better con-
tract repository and management. A golden piece of advice from
What do you think about the
Other than work, what else the treasure trove of your expe-
current status of the sectors of keeps you busy? Would you
riences in the industry.
the economy you work in, the I want every lawyer to remember
that day by day, you might feel like
roadblocks in our path and the nothing is changing, but over the
years, through hard work and sin-
way forward? cere efforts, we are all evolving and
Some challenges are common to all strengthening our legal skills and
sectors, while some may be sector acumen. So while it may seem
specific, and which were looming challenging, even frustrating at
earlier as well, but have been accen- times, it will always, always be
tuated due to the pandemic. Data rewarding.
management is a crucial issue for
The full interview is available on
www.bwlegalworld.com

145 | BW LEGAL WORLD | November 2021

“COURTS in, the roadblocks in our path and

the way forward?
All my clients in the technology space

NEED A NEW are constantly complaining about
India’s heavy-handed, unpredictable,
ever-changing regulations. There is
no clarity on laws that govern Data
Protection, AI, surveillance. Every

PARADIGM” day some ministry or regulatory body
issues a new paper announcing a dif-
ferent set of regulations on a matter
previously assumed to be under a dif-

ferent body. For India to emerge as a

leader in creating “IT for humanity”,

we need light-handed, clear regula-

Mishi, please tell us where did this illustrious journey begin and at what tions with a system of contractual and

age did you decide to study law. Please walk us through your early tortious damages instead of criminal

years of education and the decision of becoming a lawyer. punishment for businesses and spe-

I wanted to study medicine but went to law school to fulfil my father’s dream of cialised, efficient courts.

being a lawyer . He had to quit college mid-way to start his pharmaceuticals

business. A class at Hindu College on Indian Government and Politics intro- Do you think our PDP Bill is likely

duced me to the fascinating text of our Constitution and what it means to us. to hit small companies and that it

After graduating from Campus Law Center, University of Delhi, I practised for gives too much power to the gov-

a few years at Delhi High Court and Supreme Court of India, studied briefly in ernment? While privacy is abso-

Europe and theraefter at Columbia Law School as the First Open Source Fellow. lutely necessary in India—the

world’s most promising Internet

Who have been your guiding North Stars and the biggest inspiration in economy, critics say the PDP Bill

this journey? stands to handicap India’s tech-

Biggest inspiration: I am always getting inspired by people I meet. Richard nology startups. Your thoughts,

Stallman, Barack Obama, Alexandria Ocasio Cortez, Amal Clooney, Sudha please.

Bhardwaj, Hon’ble Justice H.R. Khanna, women who are building tech com- Innovation and privacy can co-exist.

panies, girls who are coding on borrowed laptops at Ambedkar Community Many well-intentioned observers

Centers, film-makers, actors, artists, stand-up comedians. Mr Neeraj Kishen have pinned all their hope on the

Kaul (my first boss) and Professor Eben Moglen have been life-long mentors. Personal Data Protection Bill, 2019,

to protect citizens from the ever

Can you please tell us more about the array of work you handle at your broadening reach and greedof com-

organisation? panies and other entities for our data.

I work primarily with technology companies, represent world’s leading Free While India does need such a law

and Open Source Software Projects, companies that use FOSS products on urgently, in no way can this address

trademarks, copyright, patents. A major the problems being pre-

part of my practice involves Open source THE USE OF VIDEO sented by this case where
software licensing, including IP strategy, CONFERENCING all citizens’ privacy and
compliance, transactions, and disputes, TECHNOLOGIES security is held ransom
data protection laws, privacy, intermediary HAS EMERGED AS to check the notoriety of
liability issues, copyright infringement, AN ESSENTIAL a few malicious players.
export control laws, code of conduct inves-
tigations, technology transactions, includ- By setting a “best in
ing licenses, sales agreements, technology world” standard of pri-
transfers, and consumer contracting. vacy protection in new
legislation, India can
produce and export pri-

What do think of the current status of STRATEGY vacy to the world by
the sectors of the economy you work competing on a pro-pri-

146 | BW LEGAL WORLD | November 2021

We should target technological
resource disparities, work with better
legal information portals, which
change the way people access the jus-
tice system, and other technologies
that move targeted court processes
online.

I can do a lot more in the U.S. with-
out ever leaving my office than I can
do in Indian courts. The use of vide-
oconferencing technologies has
quickly emerged as an essential strat-
egy and should continue in some
instances. Courts and our judicial
system need a new paradigm, one
that is more efficient, more conveni-
ent and accessible for litigants, more
transparent, and less costly.

Staytruetoyourvalues—MISHI What are some of the challenges
CHOUDHARY, ManagingPartner, Mishi women-lawyers face in their
Choudhary&Associates;Moglen&Associates; careers globally that need fore-
SoftwareFreedomLawCenter,India thought at workplaces?
The usual: assertiveness in a woman
vacy basis with the platform compa- Position India as the creator of “AI is often read as aggressiveness, being
nies. There is no European Google, with human values”, in which the underestmated by everyone espe-
Facebook, or Twitter and there won’t technological breakthroughs of the cially if you work in technology, hav-
be. European societies are not con- next decades will coexist and develop ing to work twice as hard to prove
figured to provide inexpensive cloud- under the overarching ethical princi- one’s merit and being boxed as frivo-
based, privacy respecting services ples of democracy, freedom and lous if one dresses well or is social,
(such as email, photo sharing, brief human dignity. Like the “peaceful expected to juggle personal and pro-
messaging and microblogging) to atom”, this is the appropriate posi- fessional lives seamlessly.
billions of people in competition with tion for India as a scientific and tech-
the US giants. nical powerhouse committed to Many congratulations on joining
development for the sake of humans, the BW Legal World Elite 40
Make data privacy and protection not for military dominance. Under 40 Club of Achievers 2020.
of citizens’ data from MNC platforms What to your mind has helped you
not just a regulatory objective, but a What in your opinion has been get to where you are and what
global business opportunity. New advice would you have for others
“data protection” legislation result- the biggest change or challenge who want to set off in a similar
ing from the Supreme Court’s deci- direction?
sions in the Aadhaar cases should looming over the legal landscape I am too young and inexperienced to
provide complete compatibility with offer any advice. Stay true to your val-
Europe’s GDPR, but go further, to of India amid COVID-19? ues, keep working smart and re-
make India the legal, technological The courts did a commendable job assess your choices periodically so as
and services hub for the global pro- adapting to virtual hearings but chal- not to lose the sight of the forest for
privacy revolution that consumers lenges in our system started to show. the trees. Stay internally-oriented.
and businesses around the world The need for the courts to digitize Find great friends who can teach you
have now realised they want. and modernize existed before the to laugh at yourself.
pandemic, of course, but now the
urgency for reform is even greater. The full interview is available on
www.bwlegalworld.com

147 | BW LEGAL WORLD | November 2021

PROTECTING Mohit, can you please tell us
CORPORATE
INTERESTS where did this illustrious jour-

Evenbeforethepandemic,wewere ney begin and at what age did
livinginaworldwheretechnologywas
playingakeyroleintransactions— you decide to study law? Please
MOHITGOGIA,Partner,S&RAssociates
walk us through your early

years of education and the deci-

sion of becoming a lawyer.
Law was not my first choice of study
when I was in school at St.
Columba’s in New Delhi. In high
school, I was more interested in
accounting but fell out of love with
numbers sometime during my col-
lege graduation in B.Com (Hons.)
from Delhi University. I joined
Campus Law Centre, Faculty of
Law, Delhi University after my col-
lege graduation, still not sure if I
wanted to be a lawyer, but started
enjoying it towards the end of the
first semester. An education in
business and commerce before my
law degree motivated me to prac-
tice corporate law.

Who have been your guiding

North Stars and the biggest

inspiration in this journey?
I have been fortunate to have been
guided by some amazing mentors
along my journey, but the three per-
sons that have played the most sig-
nificant role have been the late
Kirtee Kapoor (who guided me in
my struggle while I was looking for
a job in New York), Shari Pire (my
senior at Skadden Arps, who taught
me the basics of mergers and acqui-
sitions) and Uday Walia (former
Partner at S&R, who guided me in
my Associate years at S&R). I also
continue to be inspired by all my
Partners and colleagues at S&R,
each of whom has different legal
and humane skills that I have incul-
cated.

Can you please tell us more

about the array of work you

handle at your firm?
In 2014, I was elected as a partner
at S&R and have lead and worked

148 | BW LEGAL WORLD | November 2021

on some significant mergers and ‘Role of Technology in the after 30 minutes). However, in
acquisition and private equity most transactions, clients have pre-
transactions in India, which Closing of an M&A Transaction ferred to sign in counterparts by
includes representing clients such printing out the signature page,
as Cairn Energy, Qatar Foundation During Lockdowns/Pandemic’? physically signing it, scanning it to
E ndo wm e nt , G ro up e ADP, Even before the pandemic, we were PDF and exchanging signature
McDonald’s Corporation, Aakash living in a world where technology pages by e-mail. A fully executed
Educational Institute and was playing a key role in transac- document is then exchanged by
Interglobe group. I also routinely tions. The lockdown added certain email and acknowledged by the
work on banking and finance and additional problems, where parties parties, which acts as evidence of
real estate transactions. could not physically meet to hold the correct version and helps to
board and shareholder meetings or remove concerns about replace-
Can you please summarily tell execute transaction documents. ment of pages by any party.

us the current status of the sec- While board meetings could be Many congratulations on joining
held earlier as well through video
tors of the economy you work in, conferences, during the lockdown, the BW Legal World Elite 40
the Government came out with a
the roadblocks in our path and notification that also permitted Under 40 Club of Achievers
shareholder meetings through
the way forward? video conferences. Earlier these 2020. What to your mind has
Many of our clients are foreign cor- video conferences were largely held
porates/investors. To encourage in board rooms with VC set-up and helped you get to where you are
foreign investment in India, proce- facility. The lockdown encouraged
dural red-tapes in starting a busi- and what advice would you have
ness, acquiring land and obtaining THE LOCKDOWN
necessary approvals should be for others who want to set off in
streamlined. Perhaps controver- ENCOURAGED
sially, but I believe that approvals a similar direction?
for investments by Chinese inves- PARTIES TO Being diligent and sustaining a
tors/companies (who have been strong work ethic over time. It is
quite active in the last few years) in EMBRACE important as a corporate transac-
non-strategic sectors should be fast tional lawyer to be involved in the
tracked and investments up to a TECHNOLOGY transaction from start to finish and
certain minority threshold may be making sure that you are available
permitted without approval. Other parties to embrace technology and for the client at all times. The
than pharmaceuticals and technol- video conferencing applications respect of your clients is what even-
ogy, there would be very few other such as zoom became the new nor- tually helps you get acknowledged
sectors that have done well in the mal of holding such meetings. as a better lawyer. It is important
last six months and while the not to loose that sight in the early
Government has taken some steps The Information Technology Act part of your career. What is equally
(such as a moratorium under the and the rules thereunder recognize important is to find ways, small or
insolvency law and cheaper credit electronic signatures in the follow- big, to give back to the profession
for MSMEs) it may be time for a ing formats: (i) digital signature and young lawyers and law students
more meaningful stimulus to the certificates (various classes) stored and guide them in their journey.
worst affected sectors of the econ- on a USB token for a longer dura-
omy such as tourism and real estate. tion of one-two years and includes A golden piece of advice from
a personal identification number;
Reduction in rates of stamp duty and (ii) digital signature certifi- the treasure trove of your expe-
(already announced in some states cates based on eSign Online
for real estate transactions) may be Electronic Signature Service for riences in the industry...
one such way but more monetary one-time use that combines the Always remember that negotiations
steps and tax concessions may also Aadhar identity number with an in transactions are not a battle of
be required. electronic eKYC method (typically egos and learn to strategize to find
a one-time password which expires meaningful solutions for both sides.
Can you please share with our Also, enjoy the journey of working
on a transaction as much as the
readers your expert views on result of its completion.

The full interview is available on
www.bwlegalworld.com

149 | BW LEGAL WORLD | November 2021

A LAWYER AND
A CRUSADER

Nawneet, can you please tell us where did this illustrious journey begin honest and straightforward. So, I

and what led you to take up law as a career? think I have imbibed a healthy mix of

Law happened to me completely by chance. It is quite an interesting story. I their traits and I am so glad and for-

was a science student (PCM) who was expected to become an engineer by tunate that I have them. In the legal

everyone as I was a bright student, consistently a first rank holder, head-boy profession, Mr Shyam Divan, Senior

etc. in school and the obvious expectation was that I study at IIT. However, I Advocate has always been an inspira-

hardly studied in Class XI and XII and did not get through IIT JEE. I cleared tion ever since I first met him and

the entrance exam for National Defence Academy (NDA) instead and after interned with him while I was a stu-

my medical tests, I was asked to undergo a minor tympanoplasty surgery dent at NALSAR. He has been a

after which I could join NDA, Khadakvasla. However, the surgery was goofed mentor to me in many ways. I have

up by a renowned ENT surgeon and I could not join NDA. That was like a worked with many organisations and

disaster for me as due to someone else’s carelessness my dreams were shat- bosses and there are many from

tered. I thereafter decided to study English Literature for my graduation whom I have learnt quite a few things

thinking that I would appear for Civil Services exams thereafter. While I was – knowledge of law, court-craft, pro-

completing my first year of graduation reading the works of Keats, Yeats, fessional integrity and ethics, hon-

Frost, Tennyson and of course Uncle Bill (Shakespeare), I heard of the esty, time-management etc. in all

national law schools and that got me very interested. By the time I heard of fairness, we are what we are because

them, the deadlines for submitting applications were already very close and I of a lot of people – some who have

could only fill forms for the entrance exams of NLSIU Bangalore, NALSAR taught us what to be and some others

Hyderabad and NLU Jodhpur. I was waitlisted for the B’lore National Law who have taught us what not to be.

School but got through the merit lists for the National Law Schools in

Jodhpur and Hyderabad. So, yes, I had never imagined that I would study You lead the Environmental Law

law and that too in Hyderabad but I was destined practice at the

for it. Trust me, good or bad, we are all guided by firm, what is cur-

our destiny. ENVIRONMENT rently the biggest
PROTECTION
Who have been your guiding North Stars in challenge in this
this journey? IS A VERY
No one in my family is a lawyer, not even distant SERIOUS sector?
relatives. My parents were professors and have now Cement, chemi-
retired. Dad used to teach Zoology and Mom used cals, pharmaceuti-
cals, automotive,
construction,

to teach Psychology. My love for animals, nature, CHALLENGE FMCG, mining,
environment etc. obviously comes from my Dad. I waste manage-

have seen my Dad as an extremely honest, soft-spo- FOR THIS ment, hospitality,
ken but determined individual, quite brilliant and please tell me one

sincere towards his work. Mom was the more COUNTRY sector which is not
jovial, friendlier, extrovert types but again brutally facing environ-

150 | BW LEGAL WORLD | November 2021