BW LEGAL WORLD NOVEMBER 2021

panies need to make sure that their
organisations are compliant with
all applicable environmental laws
and to the extent possible they
adopt the best sustainable prac-
tices. Lawyers played a great role in
protecting the ethos of this country
and getting us freedom from the
Brits. Lawyers need to now play an
equally important role in protect-
ing India’s environment and it will
happen for sure.

Aslawyerswearealsoofficersof Many congratulations on joining
thecourt — NAWNEETVIBHAW,
Partner,ShardulAmarchand the BW Legal World Elite 40
Mangaldas&Co.
Under 40 Club of Achievers 2020.
mental issues. I work with clients in advising companies on doing the
all these sectors. Environment pro- right thing but in also highlighting What to your mind has helped you
tection is a very serious challenge for before the courts, tribunal and vari-
this country. ous authorities instances where any get to where you are and what
harm is being caused to the envi-
We need to address the challenges. ronment. Even law students can advice would you have for others
NGT has to work to its full capacity, look for such instances in their cit-
regulatory authorities have to imple- ies and make sure that appropriate who want to set off in a similar
ment the laws well and as citizens we authorities are informed about it.
all need to be mindful about our As lawyers we are also officers of direction?
responsibilities towards protecting the court. Therefore, it is our duty The formula is the same for everyone
and conserving nature and our envi- to ensure that we assist the Bench – have a clear goal and stick to it with
ronment. That is the only way for- in the best possible manner and all your sincerity and determination.
ward. present the correct information so Weird as it may sound, I have never
that only what is best for the envi- been interested in doing what every-
Your views on ‘Role of lawyers in ronment is done while upholding one else around me is doing. I chose
the principle of sustainable devel- law because everyone around me
protecting India’s environment’... opment. Lawyers working in com- wanted to become an engineer, I
Lawyers have a great role to play in chose to specialise in Environmental
environment protection, not just in Law again because everyone else was
focussing on the more established,
conventional and lucrative practice
areas. I always sum it up in the words
of Robert Frost - “Two roads diverged
in a wood, and I, I took the one less
travelled by and that has made all the
difference.”

My advice for others is pretty sim-
ple – do whatever you want to do, just
make sure that you are convinced as
to why you are doing whatever you
are doing and then stick to it.

It may take a little longer but you
will not just survive but thrive at it.
It is just a matter of time. However,
this will not happen without the
3Hs – honesty, humility and hard
work.

The full interview is available on
www.bwlegalworld.com

151 | BW LEGAL WORLD | November 2021

BUILDING
A LEGAL
BRAND

Pallavi, can you please tell us BeingtheManagingPartnerIam
requiredtobeinvolvedineachand
where did this illustrious journey everymatter—PALLAVIPRATAP,
ManagingPartner,Pratap&Co.
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 primary education was from Mt.
Carmel Convent, Lucknow and sec-
ondary education was from Manav
Bharti School in New Delhi. I did
my History (Hons.) from Jesus and
Mary College, Delhi University and
took my law entrance examination
for Lucknow University. I was pre-
paring for Civil Services then and a
degree in law was only to ensure that
I could prepare for Judiciary. I had
topped the law entrance and was
given a scholarship which I remem-
ber I had declined because I felt
someone else in need could avail
that benefit. However, after taking
my attempts for civil services and
unable to clear it, I decided to apply
for MBA abroad. Since the admis-
sions had already closed for India,
UK and USA, I applied for Australia.
I did my MBA from La Trobe
University, Melbourne and did a
Research in Performance
Measurement systems for Small and
Medium Sized Enterprises in France
and Australia from ESC Dijon,
France. This was funded by the
Government of Victoria, Australia. I

152 | BW LEGAL WORLD | November 2021

came back and started working in a Laws, Arbitration. Being the are concerned. Also, with the pres-
project funded by UNDP for capac- Managing Partner I am required to ence of social media, there is more
ity building on micro-insurance pol- be involved in each and every matter accountability that a professional
icy for Self-Help Group women in since we are still growing. has, as far as performance and integ-
three of the most backward districts rity is concerned. So only looking at
of UP. My last assignment in the cor- Can you please summarily tell us it as solicitation may warrant look-
porate sector was as Associate Vice the current status of the sectors ing at glass half-full when presence
President in a boutique investment of the economy you work in, the on social media also brings about
banking firm. I decided to practice roadblocks in your path and the increased accountability. Secondly,
law very late in life and even though way forward? since the litigants cannot travel long
I regret not joining the profession We are primarily working with distance when their cases are pend-
early on, I still feel that every single Construction, Metals and ing in a different jurisdiction, social
experience in my life has helped in Aluminium, Mining, Information media, especially LinkedIn provides
becoming who I am today. Technology, Retail and individual an insight into a professional’s body
clients who come from variety of of work. It provides reviews from cli-
Who have been your guiding sectors of the economy. I think due ents and peers and helps a possible
to pandemic, the biggest roadblock client in taking informed decision.
North Stars and the biggest is definitely quick disposal.
Although virtual hearing is an excel- What in your opinion has been
inspiration in this journey? lent way to ensure that justice is
My biggest inspiration in the profes- accessible but it may not travel to the biggest change or challenge
sion was late P.P. Rao sir. He was a
wonderful human being and encour- VIRTUAL looming over the legal landscape
aged me a lot. My North Star contin- HEARING IS AN
ues to be Ms. Meenkashi Arora of India amid Covid-19?
(Senior Advocate, Supreme Court). I EXCELLENT I think the biggest challenge has
remember watching her in the WAY TO ENSURE been for many lawyers, to transition
Supreme Court corridors and I never THAT JUSTICE IS to a paperless mode of working and
imagined I would brief her one day. getting accustomed to technology.
She has encouraged me a lot and has ACCESSIBLE The older generation has felt it the
motivated me tremendously in every most. Also, the appellate side of liti-
step of my journey so far. last mile yet. Having said that, I still gation is suffering due to a fraction
believe that the manner in which of disposal taking place. Thus, what
Can you please tell us more judiciary and lawyers have adopted is important is to stay consistent
technology, I am sure that last mile with our work and for different
about the array of work you han- will be covered soon as well. teams to support each other.

dle at your firm? Can you please share with our Many congratulations on joining
The firm purely works in the field of readers your views on ‘Should
litigation and dispute resolution. We rules for solicitation/advertising the BW Legal World Elite 40
have been fortunate to represent our change for lawyers in the back-
clients in Hon’ble Supreme Court, drop of the pandemic as well as Under 40 Club of Achievers
Delhi, Allahabad, Bombay and the emergence of the tech era’?
Chandigarh High Courts, NCLAT, I see many voices raised from vari- 2020. What to your mind has
NGT, NCDRC, NCLT, PMLA, EOW ous segments of the legal world with
and lower courts in Delhi/NCR. We respect to changing the rules per- helped you get to where you are
are representing some of the biggest taining to solicitation/advertising
names in domestic arbitrations and especially as far as paralegal services and what advice would you offer
arbitration-related litigation. Our
area of specialisation includes crimi- others who want to set off in a
nal matters especially economic
offences, civil matters including ser- similar direction?
vice matters, matrimonial and family Hard work, Smart work and integrity
law including succession, is all that helped me in reaching
Constitutional matters, Insolvency where I am. I feel one needs to realise
and Bankruptcy, Environmental that they are a brand and just as a
brand has certain value attached to it,
it is upon us to ensure that we build
up our brand value every single day.

The full interview is available on
www.bwlegalworld.com

153 | BW LEGAL WORLD | November 2021

BOLD AND
FEARLESS

Thisisonesuchprofessionwhich Petal, can you please tell us
bringsoutapowerfulsideofan
individual—PETALCHANDHOK, where did this illustrious jour-
Partner,TrustLegal
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 am a Delhiite who grew up in a
middle-class family with my own
variety of challenges and limita-
tions. When it comes to education,
I finished my studies from the
Banyan Tree School (erstwhile Rai
School), then graduated in History
(Hons) from Delhi College of Arts
& Commerce, University of Delhi,
further for Master’s in Comparative
Religion, I enrolled in Jamia Millia
Islamia University and eventually
completed my law degree from
Lloyd Law College. My constant
struggle with limitations and chal-
lenges made me bold and fearless
which in turn is a salient feature for
this profession.

Although I discovered my love
for law during my formative years,
but soon I decided against it.
Eventually, it was my mother who
coaxed me into taking up this pro-
fession along with the fact that my
elder sister was pursing law, hence,
in due course of time I was once
again fascinated with this legal
vocation. In all honesty I believe
this is one such profession which
brings out a powerful side of an

154 | BW LEGAL WORLD | November 2021

individual. us the current status of the sec- one of the top 40 under 40 lawyers
tors of the economy you work in, of the country so I feel the ingredi-
Who have been your guiding the roadblocks in your path and ent lies in developing the attention
the way forward? to detail, the ability to retain, hav-
North Stars and the biggest My portfolio still consists of a num- ing the knowledge of application,
ber of healthcare clients who have willingness to learn every day, hard
inspiration in this journey? been the frontline Covid warriors work and more hard work and
I think nothing challenged me during the current pandemic being finally to be able to use your skills in
more than my resolve to get ahead faced by us all. Said sector, i.e. the best possible manner. I believe
in life and nothing taught me more healthcare, has had their own chal- and practice them all and they
than my failures. The rule of “never lenges but have done fairly well and haven’t let me down ever.
giving up” has been a guiding factor have sailed through these rough
for life apart from my belief in times. I also have few clients in the Many congratulations on joining
myself. Of course, I do look up to a F&B industry who have also been
lot of people who have made a mark able to sail through, if I may say so. the BW Legal World Elite 40
in this field, especially those who Dealing with my corporate clients
have risen up from the grassroots during this time has also kept me Under 40 Club of Achievers
level and made it to the top merely fairly busy as we witnessed that the
on the basis of merit and hard work. 2020. What to your mind has
It will be unjustified to not name all THE WAY
of them, therefore, I will save that helped you get to where you are
part and quietly thank them all in FORWARD
my heart for inspiring me and chal- and what advice would you have
lenging me all the time. Having FOR US IS
said that, I would like to mention for others who want to set off in
that it is because of my eternal TO CREATE
mentor, Dr. Daisaku Ikeda, because a similar direction?
of whom I have been able to walk NEWER WAYS I thank BW and the esteemed Jury
on this journey of life the way I do again for the honour. It’s humbling
with pride and honesty. OF PROVIDING and elevating at the same time. It
will be cherished all my life. At the
Can you please tell us more MORE VALUE TO same time, it comes with a lot of
responsibility which is sinking in
about the array of work you OUR CLIENTS simultaneously. I wish to continue
this journey with the same vigour
handle at your firm? business somehow kept on moving. and enthusiasm. This recognition
When I joined the profession in I believe the major roadblocks for has only given me more strength
2012, my practice was limited to us have been with the general liti- and courage to do my best. I never
Real Estate laws. I joined Trust gation clients that has taken a back shy away from trying new things
Legal in 2014 and was exposed to seat. The way forward for us is to with hard work and sincerity. My
various opportunities from corpo- create newer ways of providing advice to the younger lawyers would
rate law to hard core litigation, more value to our clients by devel- be to fully commit yourself to grow
especially in the spheres of health- oping and improving ourselves on a (that might include some sacrifices
care and environment laws. In the daily basis. of meeting with friends, going to
past few years, the firm has created parties, family functions et al but it
a niche practice of media, enter- What’s the secret sauce to will be worth it), take accountability
tainment and broadcasting laws. I becoming a good lawyer? of what you are doing, don’t work as
personally have developed the cop- Well, I am from a non-ivy-league if it’s your employers’ work but as if it
yright practice in the firm from college and with utmost humility is your own, don’t let others limit
scratch under the leadership of our your canvas, work so hard that you
Managing Partner, Mr Sudhir surprise your own self and develop
Mishra. the ability to genuinely value people
and the dignity of life.
Can you please summarily tell
The full interview is available on
www.bwlegalworld.com

155 | BW LEGAL WORLD | November 2021

COMMITTED
TO LEGAL
PROFESSION

Poonam, can you please tell us where did this illustrious journey begin fall and again get up and run is the

and what led you to take up law as a career? philosophy that one has to follow

Thank you, Ashima, for having me here and giving me the opportunity to share with Mr. Chandhiok. Thereafter, JSA

some of my experiences. Well, being an Army kid, I travelled around the coun- happened and I cannot thank enough

try during my primary and secondary education. I had no fixed base. You may my colleagues for guiding me all

recall that about 20 years back, for a science student there were only two career through. My motto is: “Never forget

choices were -- doctor or engineer. However, one fine day, my father mentioned those who helped you on the way up.”

to me that a new army law college was now coming up, and whether I would

want to fill up the form. Having no idea about law, no lawyer in the family or Can you please summarily tell us

friends, I still said, yes, why not? Those days there was no CLAT. That’s how law the current status of the sectors

actually happened. In fact, my fascination for engineering continued till my of the economy you work in, the

first year of law college. As luck would have it, I started enjoying law. Once I got roadblocks in our path and the

interested in my law subjects, there was no looking back. way forward?

I work in two sectors, Aviation and

Who have been your guiding North Stars in this journey? Power. Both sectors have had their

Actually, it’s difficult to name everyone who has played an extremely important share of challenges. The aviation sec-

role in this journey. Since my childhood, I have seen my parents work extremely tor is extremely turbulent. There is a

hard with a lot of dedication. After marriage, huge financial strain on

my husband has played an incredible role and Indian carriers. It

has always supported me through thick and FOR LITIGATION appears that the sector
thin and guided me selflessly. Professionally, will not see any M&A
LAWYERS
Ms. Parul Sharma who is currently CEO, ESPECIALLY, action anytime soon as
Academy for Human Rights in Business is the THE IMPACT the airlines are in a bad
one who led my way and gave me the confi- state with surplus
dence to face the legal world. Observing my capacity and employ-
keen interest in litigation, she suggested to try ees, shrunk net worth

the Delhi High Court. That’s how my second OF COVID-19 and fewer passengers.
mentor, Amarjit Singh Chandhiok, Senior The Power sector has

Advocate, Ex-ASG and President of Delhi HAS BEEN also had its share of dif-
High Court Bar Association happened. How ficulties in these times.

to prepare a brief totally on your own is the UNIMAGINABLE Covid-19 has led to a
learning I got from him. You fall, get up, again reduction of electricity

156 | BW LEGAL WORLD | November 2021

Mymottois,neverforgetthosewho courts. Though the situation is totally
helpedyouonthewayup—POONAM understandable, the loss of time and
VERMA,Partner,J.SagarAssociates, the delay in justice delivery will be
Advocates&Solicitors difficult to compensate. To see the
whole situation optimistically, the sil-
ver lining is that the matters are being
heard without any interference by
other lawyers since only one lawyer
speaks at a time. For lawyers, it is a
boon to some extent as they can now
appear in any forum across India and
also save a lot of time by not having to
travel. It also provides opportunity to
the younger colleagues to be a part of
the hearings across all courts as dur-
ing the physical hearings, not all jun-
ior colleagues are able to travel to
assist in the matter.

Unlike in a courtroom, in virtual
hearings lawyers are not able to con-
sult colleagues and clients during the
hearing, so lawyers have to be well
prepared in the matter as there is no
one to assist by the side. The only
downside is that besides urgent hear-
ings, the regular matters were not
being taken up. In my view, those
regular matters need to be heard
since justice dispensation is required
in those matters as well. Some courts
have framed a protocol to start the
regular hearings and should be
encouraged in all courts.

demand and huge financial stress. As generate power. The situation hope- Many Congratulations on joining
power sector related operations have fully will improve with the initiatives the BW Legal World Elite 40
been classified as essential services, taken by the Ministry of Power which Under 40 Club of Achievers 2020.
the plant operations and availability intends to keep the cash flow going What to your mind has helped you
of fuel (primarily coal) have not been for each arm of the sector. This would get to where you are and what
significantly constrained. There have provide fillip to the industry. advice would you have for others
been fluctuations in the renewable who want to set off in a similar
electricity generation pattern since What in your opinion has been direction?
July 2020. The share of coal in the I think my hard work, sincerity, dedi-
electricity mix has consistently stayed the biggest change or challenge cation and commitment to the pro-
under 70 per cent, which is in sync fession and my clients helped me
with India’s long-term ambitions to looming over the legal landscape immensely. My advice to others
increase the share of non-fossil based would be ‘Always do your 100% and
electricity. Outstanding dues of dis- of India amid Covid-19? don’t finish a task for the sake of fin-
coms towards power generation com- For lawyers, especially litigation law- ishing it’ and ‘no short-cuts’.
panies have also been increasing yers, the impact of Covid-19 has been
which is causing difficulties for power unimaginable. Almost no court con- The full interview is available on
generation companies to continue to ducted any hearings in the first few www.bwlegalworld.com
weeks post lockdown in 2020.
Thereafter, only urgent hearing mat-
ters were being taken up by most

157 | BW LEGAL WORLD | November 2021

PASSIONATE
ABOUT LAW
AND TECH

Sai, can you please tell us Wecannotisolatelegalpracticeandlaw
withoutunderstandingwhatishappening
where did this illustrious jour- allaround—S.SAISUSHANTH,CEO,
SushanthITLawAssociates
ney 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.
It all started in Grade 3 of my
schooling when I used to sit in the
law chamber of my father and play-
fully imitate him by dictating notes
to his stenographer when he was
away at the court. This virtually
paved the way for my entry into the
legal profession. I started operating
the computer at the age of 7 and
went on to enhance my digital skill-
sets and pursuing my interest in
computers and technology.

During the period 1995-96
Internet was commercially intro-
duced in the country and I was
introduced to the Internet due to
my passion for technology. It was a
very fascinating journey that illu-
minated my thoughts to get into
the area of technology law. While
pursuing my five-year integrated
LLB course I started to pursue my
parallel career in technology law
and went on to complete 16 certifi-
cations with awards and accolades.
On successful completion of a
Master’s in Cyber Law and Cyber
Security from National Law
School, Jodhpur, I mooted an idea
of starting an exclusive cyber law

158 | BW LEGAL WORLD | November 2021

consulting firm in Hyderabad. legal practice will be the way for- one hand fake news and fake nar-
Given the niche and specialised ward to address these roadblocks. ratives are continuing to be the fla-
area of legal practice, clients vour of the times and coming up
started approaching me for spe- Can you please share with our with legal parameters to curb fake
cialised work. readers your views on ‘Cyber news and maintaining a balance of
Law And Trends: Beyond 2020’? freedom of speech and expression
Who have been your guiding Today, cyber law is emerging as the will assume more significance.
fastest-growing legal discipline While the present Cyber Laws can
North Stars and the biggest and needs to be looked beyond be considered as the Law on the
boundaries, given its applicability eye, I firmly believe that new Cyber
inspiration in this journey? all over. Countries are waking up Legal principles will evolve as time
My mentors Mr Pavan Duggal and to the concept of cyber sovereignty passes by.
Mr Shyam Padman have been my whereby making their cyber laws
inspiration and guide. My parents applicable not just to physical What in your opinion has been
and my family have been my sup- boundaries as also to outer space,
port at all times. seabeds, polar and arctic regions. the biggest change or chal-
Needless to say that cyber security
Can you please tell us more as distinctive law is emerging as lenge looming over the legal

about the array of work you TODAY,CYBER landscape of India amid Covid-

handle at your organization? LAWISEMERGING 19?
As a CEO of our law firm, I am I am of the opinion that COVID-19
always involved in all aspects of ASTHEFASTEST- has revolutionised the adoption of
our legal practice ranging from technology with almost all sectors
reviewing contracts to cyber law GROWINGLEGAL going digital. In this kind of sce-
compliance audits. Being into nario, Cyber Law and Cyber
multi-dimensional areas like cyber DISCIPLINEAND Security will be the constant life
security legal aspects, cyber crime companions. Further, once we get
investigation, cyber law compli- NEEDSTOBE victorious over COVID-19, we are
ance audit, my array of work likely to witness a New Cyber
includes advising clients on the LOOKEDBEYOND World Order which will bring in
issues of technology and law, draft- various challenges from a Cyber
ing key technology contracts, con- BOUNDARIES Legal Perspective that is likely to
tract negotiations, educating and transform the Cyber Legal
motivating our associates, defin- one of the key cyber law trends Landscape of India.
ing and devising techno legal strat- beyond 2020. Artificial
egies, corporate cyber crime inves- Intelligence is bringing forth Many congratulations on join-
tigation (internal), international numerous legal policy regulatory
cyber legal practice, to name a few. aspects with each passing day, ing the BW Legal World Elite 40
month and year. While on the
Can you please summarily tell other hand Blockchain has been Under 40 Club of Achievers
emerging as a new factum spilling
us the current status of the sec- to almost all sectors opening up a 2020. What to your mind has
Pandora’s box of legal issues. With
tors of the economy you work now privacy being the helped you get to where you are
Fundamental Right I believe that
in, the roadblocks in our path privacy law has to be the primary and what advice would you tell
focus incorporating privacy by
and the way forward? design and default. others who want to set off in a
I believe that remote legal prac-
tice, financial crisis, litigation, IT While all this is happening on similar direction?
infrastructural issues, non-availa- I believe that my passion and hero-
bility of physical records and files worship towards the intersection
(non-digitized files), in-person of Law and Technology has paved
confidential discussions, and the way for our current position and I
like are some of the roadblocks am of the opinion that we cannot
faced by law firms currently in the isolate legal practice and law with-
present economy. I firmly believe out understanding what is hap-
that the adoption of technology of pening all around.

The full interview is available on
www.bwlegalworld.com

159 | BW LEGAL WORLD | November 2021

FOCUSED ON
DOING THE
JOB RIGHT

Shivli, please take us through the formative years of your exceptional insurance laws and regulations

journey. What motivated you to study law? How was your first year been able to keep up with tech-

after college like? nology?

Thank you for this opportunity. My motivation for doing law came from Technology is integral to our lives

within my family. There are lawyers in the family, my father being one of and it is the way forward. There is no

them and his journey as a professional has heavily influenced and motivated choice but to adapt and keep up with

me. I had an aptitude for the kind of thought process required in the legal the changing technology. If any-

profession and took my chance. I was fortunate to qualify and enroll in NUJS. thing, Covid-19 has clearly estab-

After graduating, I immediately left for my master’s and my first year post lished that technology has ensured

graduation was dedicated to higher learning. that things keep moving. A year ago

court hearings over VC were

Do you have any role models in the legal fraternity or outside of it? If unheard of, to the point where they

so, what impact they have made in your career and how? are now a norm. Law itself also will

In addition to my father, several individuals, both lawyers and non-lawyers have to continually evolve to adapt

have inspired me. My mother who is a doctor is one of my role models. Her to the changing technology. In sync

work ethic to fully commit to whatever she is doing it truly remarkable. I am with the need of the hour, all finan-

also lucky to share my life with a lawyer. My husband’s discipline towards his cial sector regulators (IRDAI/ RBI)

work and the ability to see the larger picture while addressing legal issues has have been extremely progressive

definitely molded my approach towards my career. and notified regulations which facil-

itate the customer’s requirement by

Please give our readers a sneak peek into your job profile. What does allowing use of technology by pro-

a day as Associate Director-Legal, cesses such as video

Policybazaar look like? What are your roles LAWITSELFALSO KYC etc.
WILLHAVETO
and responsibilities? CONTINUALLY Does standardsa-
My profile involves oversight of the team and all EVOLVETO tion of contracts
and any legal issues faced by the company. A have its peculiari-
normal day would involve discussions with the ties when it comes
team for progress and problem solving. to the heavily reg-
Discussions with seniors and management for ulated Insurance
strategic initiatives and planning.

There has been a lot of talk about the need ADAPTTOTHE sector?
Yes, specific require-

for lawyers to adapt technology to keep CHANGING ments prescribed by
pace with the changing times. In this con- the insurance regula-

text, what are your views on evolving law TECHNOLOGY tory framework need
itself to keep pace with technology? Have to be ensured. At

160 | BW LEGAL WORLD | November 2021

and its impact intrinsically, in order
to analyse and address their client’s
requirements. As a result, all in-
house departments may see more
standardization and perhaps more
litigation. Needless to say, T-shaped
lawyers will be the norm for most
commercial areas.

Would you agree there continues

to be an inherent social pressure

on women to manage it all—

home and work? What are your

thoughts on issues of diversity in

the legal profession?
Yes, I do agree that there is more
social pressure on women. This is so
inherent in the fabric of our society
that moving away from this thought
is going to be a long drawn-out pro-
cess. That being said, not everything
is bleak. The very fact that I am here
today, having this conversation with
you speaks for itself. We are now see-
ing far more diversity in the courts,
firms and in house teams than we
ever did before and for me that is
very encouraging.

Asalawyer,onemustlearn,everyday. Many congratulations on joining
Itshouldneverstop—SHIVLI
KATYAYAN,AssociateDirector-Legal, the BW Legal World Elite 40
Policybazaar
Under 40 Club of Achievers
some places, these may not be in yers in the coming 5 years? What
sync with the market practice and 2020. What to your mind has
therefore processes need to be role do you see AI & Automation
aligned according to the law. This is helped you get to where you are
equally true of other regulated sec- playing in shaping the in-house
tors. and what advice would you have
corporate departments of the
The World Economic Forum’s for others who want to achieve
report on reskilling revolution future?
emphasses on the critical and Do you see more T-shaped lawyers success in the legal profession?
widespread need to reskill and in the future? I believe, that in the Thank you, it’s an honour to have
upskill. In this context, what are future both products and services made it to this list. I strongly believe
the biggest challenges for law- will be heavily dependent on tech- that for any professional, it is neces-
nology. This therefore directly sary understand that their journey is
affects the terms of the underlying not a short sprint but more like a
contracts. Therefore, a lawyer would marathon, and so it is important to
need to understand the technology pace ourselves. Doing the job right is
what matters and if you get recog-
nized for it, it’s a bonus. Most impor-
tantly, working hard always pays. As
a lawyer, one must learn, everyday. It
should never stop.

The full interview is available on
www.bwlegalworld.com

161 | BW LEGAL WORLD | November 2021

FOR WHOM
THE CLIENT
IS KING

Strongworkethic,integrityandgrit
arekeytomeasaprofessional—
SHUBHANGIGARG,Partner,Shardul
AmarchandMangaldas&Co.

162 | BW LEGAL WORLD | November 2021

Shubhangi, can you please tell of ups and downs. While there is a up a network of like-minded law-
us where did this illustrious definite uptake in activity on the yers who would be willing to use
journey begin and at what age digital / cashless payment prod- their education and training to
did you decide to study law? ucts side, but investment in the spread awareness about legal
Please walk us through your FinTech sector is suffering due to rights in the under privileged sec-
early years of education and regulatory uncertainty and geopo- tions of the society.
the decision of becoming a law- litical complications.
yer. What can law firms do today to
Law was not a conscious choice — Can you please share with our
it was part chance and part choice. readers your views on ‘Using ensure they survive in an era of
I even had thoughts of switching Legal Influence to Spread Legal
my career to something more crea- Awareness’? disruption? How is your firm
tive or non-profit, halfway through I feel as people with legal educa-
law college, but in hindsight, I am tion and years of legal training, we staying futuristic?
very happy with my decision to lawyers have the extraordinary By staying ahead of the curve and
continue with my legal career. adapting to the changing times
I WANT MORE very swiftly. This mantra is true for
Who have been your guiding all times but never more than amid
North Stars (mentors) and the LAWYERS Covid 19. Lawyers can be very
biggest inspiration in this jour- tech-averse sometimes, often pre-
ney? TO USE AND ferring to work with hard copies
I have always tried to learn best and hand markups/ files etc. Our
practices (both legal and non- SHARE THEIR firm and my team have managed to
legal) from my peers, seniors and shed the burden of hard copies
juniors, co-workers, and even from PRIVILEGE early on in the pandemic and
counterparties and co-counsels. I adapted to the new virtual world in
continue to do so on every transac- WITH THOSE tandem with our clients. Physical
tion that I work on. meetings and hearings have
WHO DO NOT their own advantage, but in their
Can you please tell us more absence, it is important to
about the array of work you HAVE IT establish a connect in the virtual
handle at your firm? world, and I feel our firm has
My practice focuses on banking, advantage of cutting through the managed to do that pretty success-
corporate debt financing and debt clutter of complex legislation and fully.
capital markets. I also specialise in demystifying it for others.
the FinTech and Digital Payments I want more lawyers to use and Many congratulations on join-
space. share their privilege with those
who do not have it. We often tend ing the BW Legal World Elite 40
Can you please summarily tell to lament the lack of time to devote
us the current status of the sec- to any non-profit activity, but I Under 40 Club of Achievers
tors of the economy you work think even a couple of hours a
in, the roadblocks in our path week or in a month can go a long 2020. What to your mind has
and the way forward? way if one identifies a cause and
The onshore debt capital markets chalks out a plan to help that helped you get to where you are
have taken a beating as there are cause. With Zoom and virtual
severe liquidity constraints in the meetings being the new normal, I and what advice would you
rupee lending market. However, hope to be able to use this medium
foreign portfolio investors have to reach out to the larger legal have for others who want to set
been active in the debt investment community across law firms to set
market. The FinTech sector on the off in a similar direction?
other hand is seeing its own share I work with a single-minded focus
on looking out for a client and
ensure that their interests are well
guarded on all fronts. Strong work
ethic, integrity and grit are key to
me as a professional. It is good to
know that these traits resonate
with clients and peers.

The full interview is available on
www.bwlegalworld.com

163 | BW LEGAL WORLD | November 2021

LAW’S LOSS IS
GOVT’S GAIN

Shweta Bansal, Under Secretary, DPA IV Division, Ministry of External me on so many facets that she’s

Affairs, who left the legal profession to join the civil services, talks brought a new form of civility to my

about her journey in law, mentors Shardul Shroff and Sharmila Tagore being.

and their impact on her life, and much more in this exclusive interview

with Ashima Ohri, Managing Editor, BW Legal World Can you please tell us more about

the array of work you handle at

Shweta, can you please tell us where did your journey begin and at your position in the government?

what age did you decide to study law? Please walk us through the early We deal in areas of soft cultural

years of your education and the decision of becoming a lawyer. diplomacy.

I wanted to be a chef but my father found it demeaning owing to his very

archaic ways of looking at that wonderful profession but because I was good in Can you please summarily tell us

studies, my sister Ekta introduced me to the idea of law. I took the NUJS the current state of affairs in the

entrance exam in the middle of my pre-board exams. economy, the roadblocks in our

A friend Pooja Gautam called me and informed me that I’d made it through path, and the way forward?

NUJS. I was so shocked. I was both happy and sad as I had done exceedingly I think we need to have better FDI

well in the Board exams to be able to pursue Economic Honours at the revered policies and the government is trying

SRCC but fortunately, my sister pointed me towards the benefit of a profes- to give it a push with sectoral expan-

sional degree in Law. sions in erstwhile traditional sectors.

My schooling is from La Martiniere Girls Lucknow that has given me the

right nurturing and varied exposure shaping me into who I am. I’d like to Can you please share with our

especially give the credit to my physics teacher Ms Bhavna Kalra who guided readers your views on ‘Embracing

me so well. chaos and creating opportunity in

adversity’?

Who have been your guiding North Stars and THEINDIAN I believe that every
LEGALSYSTEM time your
the biggest inspiration in this journey? HASBEENFAIRLY expected outcome
Undoubtedly, my grandmother, Ratnesh Kumari, INSULATEDAND takes an unex-
Anuradha RV, Gunjan Shah, Purva Chadha, Pallavi DEMONSTRATED pected turn, it
Shroff. My sister Aprajita Bansal and my friend paves the way to
Mansi Dhiman are my sounding boards. Ruchika UNCANNY bring a new out-
Sharma is the best friend one could ask for. But I come. When I
cannot take any life decision without absolutely cleared the civil
necessary counsel of Mr Shardul Shroff and Mrs services exam, I
Sharmila Tagore. I have learnt a lot from them and was denied service
in the true sense of the word, they have mentored allocation on
me for the ways of this world. Also watching them in

person and spending time with them has been an RESILIENCE grounds of my dis-
education in itself. Sharmila Tagore has groomed ability but I used

164 | BW LEGAL WORLD | November 2021

a complete downturn. Obviously
being physically present in court to
argue your case has a different vibe.
Every human interaction helps the
law but I think the effect has been
contained.

Other than work, what else keeps

you busy? Please share your

other interests and hobbies with

our readers.
Sharmila has introduced me to the
world of Alfred Hitchcock and Billy
Wilder so I’m really taking that in
well. Or else I like playing scrabble or
badminton. I absolutely love running
around a TT table. Sadly, the plantar
fasciitis in my feet doesn’t allow that
to happen too often.

Embracechaos.Makesomething Many congratulations on joining
outofitwhileyouawaityourdesired the BW Legal World Elite 40
outcome—SHWETABANSAL,Under Under 40 Club of Achievers 2020.
Secretary,DPAIVDivision,MEA What to your mind has helped you
get to where you are and what
that time to develop policies for What in your opinion has been advice would you give to those
SAM & Co and also wrote a book on who want to set off in a similar
lawyers in politics. By the time I was the biggest change or challenge direction?
done doing that, I had won the case There are no shortcuts to hard work.
in the Delhi High Court and was looming over the legal landscape To me, work integrity is critical. And
duly awarded the prestigious Indian one must have other interests along-
Foreign Service. So what I am trying of India amid Covid-19? side your primary work. You never
to say is embrace chaos. Make some- I think like the 2008 recession, the know which interest can give you an
thing out of it while you await your Indian legal system has been fairly additional edge. Also, it’s very impor-
desired outcome. The pandemic insulated and has demonstrated tant to have a clear mind. You must
gave me time to conceive and uncanny resilience. Every time I filter the plan Bs and Cs and just
develop a plan for the rehabilitation spoke to a lawyer friend, they still focus on plan A.
and skill development of widows in had work to do. Also because their
Vrindavan, and I am extremely work involved paperwork! Unlike A golden piece of advice from the
excited to see it to fruition. other professions where physical treasure trove of your experi-
presence is imperative, like for ences in the industry...
actors, performers, the legal profes- Please do not undermine the signifi-
sion has managed to save itself from cance of loyalty and patience. If you
have both, there’s no stopping you.
Also read, read and read so that your
drafting improves. Brevity is the soul
of wit and please drop the arrogance
for God’s sake. It is a big turn-off for
clients.

The full interview is available on
www.bwlegalworld.com

165 | BW LEGAL WORLD | November 2021

“E-COURTS
ARE THE WAY
FORWARD”

Siddharth, would you please tell Onehastoworkhardandhavefaithin
whatonedoes-SIDDHARTHBATRA,
us where did this illustrious AdvocateonRecord,SupremeCourt
ofIndia,Partner,SatramDassB&Co
journey 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.
One of my earliest achievements
was during standard 12 when I
excelled in academics and emerged
as a topper of my school, in
Mathematics. I stayed in Rohtak
with my parents until 2004.
Afterwards, I also stood third in my
BA LLB (5-year course) while also
being a captain of my University
Lawn Tennis Team and represented
in Inter-University Tennis
Championship for five years. I had
made up my mind to become a law-
yer when I passed 10th class.

Who have been your guiding

North Stars (mentors) and the

biggest inspiration in this

journey?
My father, he practised law for 30
years before he was appointed
Chairman of the Haryana Public
Service Commission, then he joined
politics. He has always been my best
friend.

Would you please tell us more

about the array of matters you

166 | BW LEGAL WORLD | November 2021

handle at your firm? mance. The clear picture will emerge Moreover, virtual courts have allowed
I have practised from the level of once the situation normalises. But, us to do e-filings and appear in courts
District Courts to the Supreme Court the percentage of defaults in every pan-India.
of India. I have practised mostly on sector will increase manifold as the
the civil side but the same is also so economy has taken a severe hit. Other than work, what else keeps
diverse. I have a counsel practice. you busy? Would you please
What in your opinion has been share your other interests and
My law firm Satram Dass B & Co. the biggest change or challenge hobbies with our readers?
is a multifaceted firm offering ser- looming over the legal landscape I love keeping myself busy with work
vices in audit and tax, financial advi- of India amid Covid-19? all the time and if at all I manage to
sory, business consultation, corpo- Lawyers in smaller cities are not get- squeeze in some free time, I like to
rate advisory, trademark, risk mitiga- ting work which has not only caused spend time with my family or listen
tion & government and legal advi- them extreme mental distress but to music or play tennis. I am also pas-
sory. We offer legal advice related to also contributed to their financial sionate about writing articles, men-
finance, operations, employment, issues. One of the other challenges is toring young lawyers and connecting
mergers, and investments and spe- the lack of accessibility of basic with other people.
cialize in Land Acquisition, Real requirements needed for virtual
Estate, Litigation and Dispute courts i.e. internet/wi-fi and even a Many Congratulations on joining
Resolution, Corporate Mergers & viable work environment at home the BW Legal World Elite 40
Acquisitions and Banking & Finance. which makes it harder for several Under 40 Club of Achievers 2020.
What to your mind has helped you
Would you please summarily tell IT IS VITAL TO get to where you are and what
advice would you have for others
us the current status of the sec- BUILD A GOOD who want to set off in a similar
direction?
tors of the economy you work in, NETWORK,
Thank you; it’s an honour to have
the roadblocks in our path and STAY UP TO joined the club. I believe the leader-
ship qualities, the ability to empa-
the way forward? DATE WITH thise with my clients, and my team
As the country is facing an unfore- that I acquired over the years, hard
seen crisis due to Covid-19 pandemic, THE NEWS AND work and dedication have helped me
the industries across are caught up get to where I am right now. I would
with numerous challenges related to TECH RELATED advise young people of legal fraterni-
commercial contracts and other dis- ties to follow their passion, be com-
putes. We help the corporates with TO LAW passionate, understand their clients,
the application of the Force Majeure and practice taking up moral respon-
clause and litigation and other dis- lawyers to argue properly in the vir- sibilities too.
putes and legal hardships. tual courts.
A golden piece of advice from the
Would you please share with our What can lawyers do today to treasure trove of your experi-
ensure they survive in an era of ences in the industry.
readers your expert views on disruption? How is your firm stay- I believe that there is no shortcut to
ing futuristic? success; this is explicitly true for legal
‘Litigation in Covid Times’? I think e-courts are the way forward. practitioners. One has to work hard
Litigation has evolved over the years It has been proven over the past and have faith in what one does. It is
but we have suddenly woken up to months, that virtual courts are here also equally important to build a
another challenge where physical to stay. In my office, I have been able good network of professionals, stay
hearing is not possible due to Covid to do client meetings while clients up to date with the latest news and
but Indian courts have begun to work are scattered all around the globe. technology related to law.
by holding virtual courts. I think vir- This has made it more accessible and
tual hearings are the way forward. less time consuming process. The full interview is available on
The Government has put a cap of Rs. www.bwlegalworld.com
1 crore for initiating insolvency pro-
ceedings under the IBC Code. The
issue of payment of interest during
moratorium is pending before the
Supreme Court. Some contracts got
frustrated by impossibility of perfor-

167 | BW LEGAL WORLD | November 2021

PROPONENT Sidharth, would you please tell us
OF
where did this illustrious journey
MEDIATION
begin and what led you to take up
Thelegallandscapeconcerning
mediationswill changedrastically - law as a career.
SIDHARTHSETHI, Partner,J.Sagar At the outset, my sincere gratitude to
Associates,Advocates&Solicitors BW Legal World for the opportunity
and the honour bestowed upon me.

I was born and raised in a small
town called Solan in Himachal
Pradesh. I did my schooling from
Geeta Adarsh Vidyalaya, Solan; and
studied law from ILS, Pune.

I am a first-generation lawyer and
do not have any pedigree of lawyers
in the family. I cannot recall a defini-
tive moment when I decided to
become a lawyer. I can only remem-
ber my parents imbibing in me the
values, pursuit of justice, social wel-
fare and standing up to any atroci-
ties, early on.

When I was 12, I won a cycle race
competition (the first prize was a
bicycle). The boy who stood 2nd
should have been disqualified
because he was over age. I pleaded
with the organizers that the boy who
stood 3rd be given the 2nd prize.
The organizers refused; I protested
and did not accept my prize. The
organizers ridiculed me for this
behaviour. Nevertheless, I received
letters of appreciation from various
people. I still remember one letter,
which complimented me by saying
that Gandhi ji would have done the
same thing. The penchant of justice
and the way law allows me to think
would always be my reason why I
chose to be a lawyer.

168 | BW LEGAL WORLD | November 2021

Who have been your guiding achieve much success or momentum facets of the legal industry. From the
in India, particularly when it comes standpoint of the dispensation of jus-
North Stars in this journey? to the resolution of commercial dis- tice, because of suspended function-
Everyone who has touched my life putes. ing of the majority of courts, the
has shaped me into who I am today. number of cases, which are heard or
However, my guiding North Star It is my belief and hope that a disposed of, has fallen, and this will
would always be – the pursuit of hap- statute dealing exclusively with add to the backlog of cases in the
piness. The state of mind to be satis- mediation will make parties more coming days.
fied with what I do and accomplish is open to resolving disputes via this
my purpose of life. I hope I can con- mode. A comprehensive law, cover- I must, however, commend how
tinue to do so until I can. ing the entire spectrum of media- proactive our courts have been. The
tion right from (i) how they are to pandemic struck without notice; but
If I must take any name, I have be conducted; (ii) types of cases our Hon’ble Supreme Court proac-
several people whose blessings I can where mediation ought to be man- tively adopted several measures to
count on in my life and who have datory; (iii) code of ethics and pro- ensure minimum disruption.
been my inspiration. I am grateful to fessional standards for mediators;
God for giving me the privilege of (iv) enforcement of settlements; (v) It is a challenging yet exciting time
meeting Sh. Dattopant Thengri ji, specific grounds available to a party for the legal industry – it is a learning
Sh. Nanaji Deshmukh, Sh. Atal to a settlement to challenge the curve filled with anxiety.
Bihari Vajpayee, Sh. L K Advani and same; (vi) confidentiality of the
Sh. Shanta Kumar at a very young process; (vii) training and accredi- Many Congratulations on joining
age. My father – who is my mentor - tation of mediators et al. will bring
would always tell me how relentlessly the BW Legal World Elite 40
they worked for society and the IT IS A
nation. Under 40 Club of Achievers 2020.
CHALLENGING
After joining the bar, I have had What to your mind has helped you
the privilege of working with Mr. TIME FOR
Sudipto Sarkar many times. Mr. get to where you are and what
Sarkar is a gifted lawyer, and there is THE LEGAL
nothing like seeing the world of law advice would you have for others
through his eyes. I am also a big INDUSTRY
admirer of Mr. Harish Salve, Mr. who want to set off in a similar
Maninder Singh, Mr. Sidharth India at par with the other jurisdic-
Luthra and Mr. Kevic Setalvad, all tions. direction?
exceptional lawyers and great human As we decide what we aspire to do
beings. The humility in which they India has signed the United for the rest of our lives or just even
approach life is uplifting, and I won- Nations Convention on Mediation the path that we want to follow,
der where they derive this energy and (also known as the Singapore there are sticky winding roads we
positivity. Convention), and the Government is encounter along the way. It would
considering the feasibility of enact- be fabulous if we could do the
As I mentioned, there are several ing an Indian Mediation Act to take things that we love without strug-
others whose blessings I can count care of various aspects of mediation. gling and make lots of money. In my
on in my life. JSA and my seniors in These are interesting times ahead, opinion, that is where passion
JSA have been my teachers - guiding and the legal landscape concerning comes in—passion is what drives us
and mentoring me – all along. mediations is going to change drasti- to push that boundary. Many times,
cally in the coming years. we find obstacles in front of us that
Would you please share with our limit us from pursuing what we
What in your opinion has been want to do. These “so-called obsta-
readers your expert views on cles” are something that define and
the biggest change in the legal shape us to be who we are. Our
‘Mediation as a mode of alterna- accomplishments are always signif-
landscape of India amid Covid- icant, but it is the failures that mean
tive dispute resolution’? even more. Briefly, my advice would
I am a firm proponent of mediation 19? be to recognise these obstacles,
as a mode of alternative dispute reso- The pandemic has affected various acknowledge the failures, enjoy the
lution. Mediation has statutory rec- accomplishments and rise above
ognition is some of our legislations. the ordinary.
However, it has not been able to
The full interview is available on
www.bwlegalworld.com

169 | BW LEGAL WORLD | November 2021

PARTNERS Siddharth, would you please tell
VITAL FOR
DECISIONS us where did this illustrious jour-

Onejustneedstobeonthelookout ney begin and at what age did
andbeeagertocapitaliseon
theopportunities-SIDDHARTH you decide to study law. Please
SRIVASTAVA,Partner,Khaitan&Co
walk us through your early years

of education and the decision of

becoming a lawyer.
As it was common during my child-
hood, considering my strong aca-
demic performance in school, my
parents wished for me to clear the
JEE exams. However, even at that
age, I was cognizant about my
strength and weaknesses and after
my first attempt at JEE, I shifted my
focus to law school preparation. In
retrospect, I realise that my legal
aptitude must have been innate as
my father throughout his career was
in the legal profession. I thoroughly
enjoyed preparing for law school
entrance exams and was considera-
bly happy to have secured admission
at NLIU, Bhopal. I was in the top 2%
percentile in my B.A. LL.B and in an
attempt to quench my academic
interest, I further pursued LLM at
Columbia University, New York.
There has been no looking back since
then and my tryst with law has been
pleasurable and satisfying since the
beginning.

Who have been your guiding

North Stars and the biggest inspi-

ration in this journey?
First and foremost, my father, who
tirelessly worked throughout his
career burning the midnight oil with
diligence sans a blemish on his face.
In the profession, my initial years at
L&L Associates were moulded by

170 | BW LEGAL WORLD | November 2021

Sameen Vyas and Piyush Mishra. In might see floodgates open in terms of What can law firms do today to
Link Legal, Atul Sharma and Anand the transaction flow in this space.
Srivastava gave me the wings to dis- ensure they survive in an era of
cover myself as a partner and auton- In terms of businesses filing for
omy to mentor juniors. Presently, their bankruptcy, they need to under- disruption? How is your firm stay-
Haigreve, Bharat and Rabindra are stand that bankruptcy filing is not an
guiding me to firmly establish myself automatic ticket to white-wash the ing futuristic?
as a professional capable of leading irregularities and start on a clean Empowering the Partners is the sin-
complex and structured domestic as slate. Any past non-compliance or gle most effective way of dealing with
well as cross-bordered deals. I have irregularity may have consequences disruption. In my view, Khaitan &
been blessed with seniors who have post-trigger of the Code which they Co. is one of the most democratic and
acted as sounding boards and have must be cognizant of. Having said transparent firms in India which
shown me the correct path when in that, genuine bona fide businesses decentralises decision making to
crossroads. can always file for bankruptcy to give ensure that Partners are an integral
them a realistic chance to settle their part of the key decisions to take the
Would you please tell us more outstanding debt and liabilities and firm forward. As a firm, one doesn’t
focus on other business streams. have to do much if you are able to
about the array of work you han- achieve this.
What in your opinion has been
dle at your firm? the biggest change or challenge Many Congratulations on joining
At Khaitan & Co., I handle Banking looming over the legal landscape
& Finance/Restructuring & of India amid Covid-19? the BW Legal World Elite 40
Insolvency practise areas. My work I think the biggest challenge cur-
profile includes extensively dealing rently being faced is the irregular Under 40 Club of Achievers 2020.
with leading banks and financial functioning of the courts and tribu-
institutions and advising clients on nals in India. The entire infrastruc- What to your mind has helped you
syndication, debt restructuring, pro- ture has been adversely affected
ject finance and structured finance get to where you are and what
matters. INSOLVENCY
advice would you have for others
On the insolvency front, I regularly PRACTICE
advise clients in the sphere of insol- who want to set off in a similar
vency resolution process in various IS GOING TO
capacities such as counsel to resolu- direction?
tion professionals, representative of BE ONE OF Thank you. To my mind, eagerness to
financial creditors and operational learn and perseverance have helped
creditors and advisor to investors/ THE BIGGEST me get where I am. I truly believe
bidders. that there is no end to learning espe-
PRACTISES IN cially in the legal field which is
How do you see the insolvency extremely dynamic and demands the
TIMES TO COME professionals to keep evolving and
practise shaping in the near reinventing themselves. So my advice
which has led to massive delays in to budding professionals in the legal
future? What are some of the the admission or adjudication of field is to delve deeper into the books
cases. The litigants and stakehold- and keep the fire for knowledge
critical aspects businesses ers are facing delays in the adjudica- burning.
tion of their matters which is lead-
should consider before filing for ing to undesirable repercussions A golden piece of advice from the
and an uptick in the costs. Unless
bankruptcy? the courts resume full-fledged func- treasure trove of your experi-
Well, the insolvency practice is ever- tioning, the current challenge will
evolving in India and is currently the persist. ences in the industry.
most dynamic amongst other prac- Opportunities are galore. One just
tise areas. In my view, it is going to be needs to be on the lookout and be
one of the biggest practises in times to eager to capitalise on the opportu-
come. With a personal insolvency nities though it may appear time-
regime already coming into force consuming and arduous. Eagerness
(though partially!) and a detailed and ability to prioritise work when-
mechanism of cross border insol- ever opportunities knock on the
vency regime already in the works, we door is a key to moving ahead in the
career.

The full interview is available on
www.bwlegalworld.com

171 | BW LEGAL WORLD | November 2021

A SENSE OF
BELONGING

Sudipta, would you please tell us Ourpracticeislargelysectoragnostic
-SUDIPTABHATTACHARJEE, former
where did this illustrious journey Partner,AdvaitaLegalandcurrentlya
PartnerwithKhaitan&Co
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.
Like many in my generation, I came
to law by accident. I was a Science
student and in those pre-internet
days in late-90s, I was mindlessly
following everyone else in trying to
prepare for medical/engineering
entrance tests. It is at that time that
I came across a news article about
Mr N R Madhava Menon opening a
‘law school’ in Kolkata in the same
mould as the one in Bangalore. The
more I read about the ‘law school’
model of legal education, the more I
was convinced that this was indeed
the path for me. By God’s grace, I
managed to clear the entrance exam
for NUJS, Kolkata (we were the first
batch of NUJS) – so convinced was I
about this being the ‘right path’, I
told my parents that I will pay for
my own education by taking an edu-
cational loan. And within the first
month of law school, I felt like I
‘belonged’ in this world – that this
was my calling. I am forever grateful
to God for helping me find law as a
vocation.

Who have been your guiding

North Stars and the biggest inspi-

172 | BW LEGAL WORLD | November 2021

ration in this journey? of bank accounts, denial of refund firms and top-tier Senior Advocates,
Talking of North Stars, the first such claims, multiple authorities seeking the pandemic has hit the legal ser-
person in my life would be Mr N R to audit and asking for voluminous vices sector in India very badly. The
Madhava Menon – who is nothing documents. It is sincerely hoped need for greater social security
less than the father of modern Indian that such instances of dispropor- safety nets for lawyers has never
legal education. A lot has been writ- tionate aggression are few and far been felt more acutely.
ten about him – we, the first batch of between in the coming months –
NUJS, were fortunate to have been else the road to recovery will be a Many Congratulations on joining
able to learn from him. He was a true long and tortuous one.
Karmayogi and taught us the impor- the BW Legal World Elite 40
tance of having a vision and working What in your opinion has been
towards achieving the same persis- the biggest change or challenge Under 40 Club of Achievers 2020.
tently. looming over the legal landscape
of India amid Covid-19? What to your mind has helped you
The second such influence in my At a bird’s eye view level, Covid-19
life would definitely be that of Mr led to a significant reduction in the get to where you are and what
Sujit Ghosh – my mentor since volume of commercial transac-
2006. It was under his tutelage (in tions. Resultant, quantum of legal advice would you have for others
BMR and then in the initial years in issues/disputes requiring legal ser-
Advaita), that I learnt the nuances vices has also dropped significantly. who want to set off in a similar
of indirect tax laws and how the Another thing that has affected the
Constitutional jurisprudence inter- direction?
faces with tax laws. A huge part of LEARN AS Well, to be honest, I didn’t really
what I am today as a tax lawyer is plan my journey – but when I look
thanks to Mr Ghosh. Apart from the MUCH AS YOU back, the dots seem to connect. I
nuances of tax law, I have learnt sev- started my career with the legal
eral life lessons from him. CAN IN YOUR team in Reliance. Even as a fresh
lawyer, I was fortunate enough to
Would you please summarily tell CHOSEN AREA get a chance to be an active part of
high-powered contract negotia-
us the current status of the sec- OF LAW IN tions with lawyers/law firms from
across the world. Thereafter, I
tors of the economy you work in, THE FIRST 4-5 joined BMR which had a strong
institutional culture of developing
the roadblocks in our path and YEARS OF YOUR deep domain expertise. All of these
helped me build a strong core of
the way forward? CAREER subject matter expertise as well as
Being more focussed on disputes, our good professional habits – things
practice is largely sector agnostic – demand side of the legal services which have helped me make a mark
we work across a wide variety of sec- sector is the severely restricted in my career ultimately culminat-
tors like oil and gas, E-Commerce, working of the courts – while vir- ing in my joining the BW Legal
mining and metals, DTH TV, alco- tual hearings have taken off and has World Elite 40 Under 40 Club of
holic beverages, EPC contracts, been a great experience for many, Achievers 2020.
renewable power etc. All these sec- the overall volume of cases heard
tors have seen varying degrees of remains much lower than pre- I will try to encapsulate my learn-
impact owing to Covid but I guess it Covid times and new filings have ings, which, in hindsight, I believe
is fair to say that most of them are on also reduced. Add to that the digital have worked for me: (i) Knowing the
the path to recovery – unfortunately, divide that affects lawyers with ‘first principles’ of law, the ‘legal
that path is likely to be a long-winded lesser access to technology and sta- method’ in the initial years of one’s
one. ble internet. All considered, except legal career is of utmost importance
probably for M&A/general corpo- in my view. (ii) Learn as much as you
One hopes that implementation rate teams in the top 15-20 law can in your chosen area of law in the
of tax laws on ground aids such first 4-5 years of your career. It is cru-
recovery rather than being a road- cial to identify areas of learning in
block – one already sees aggressive your chosen field and if necessary,
instances of enforcement actions take professional courses to sharpen
under tax laws with frivolous deten- your skills in the initial years.
tion of goods, threats of attachment
The full interview is available on
www.bwlegalworld.com

173 | BW LEGAL WORLD | November 2021

Tariq, would you please tell us “PROMOTE
ARBITRATION
where did this illustrious journey
CULTURE”
begin and what led you take up

law as a career.
I was an average student with aca-
demically brilliant siblings and
always felt like the black sheep of the
family. With terrible scores, I started
exploring part time jobs. That’s when
my father suggested me to do law.
Incidentally, I wasn’t keen on pursu-
ing law as a career as I had stage
fright and did not have good com-
mand of English language.
Reluctantly, I joined Faculty of Law,
Jamia Millia Islamia at the age of 18
amidst challenging economic cir-
cumstances. To outdo myself, I would
participate in debates and other co-
curricular activities and eventually
became the Convener for my college’s
Literary and Debating Society.

As a law student I faced rejections
from various law firms and cham-
bers, despite applying in advance and
fulfilling all requisites, only because I
didn’t come from a top tier law
school. Meanwhile, I would give tui-
tions to meet my college expenses
and would watch videos and inter-
views of senior lawyers and legal
eagles like Mr. Ram Jethmalani,
Justice Krishna Iyer etc.

I can hence vouch for the fact that
it is hardships in life which we have
to meet with and overcome, to build
our true character.

Who have been your guiding Developyournicheina
specificfieldoflaw-TARIQ
North Stars in this journey? KHAN, Partner,Advani&Co.
After I joined Law College I became a
curious learner and wanted to
explore and try my hand at almost
every opportunity. I would spend
hours reading judgments by late cen-
tenarian Mr. Justice V R Krishna Iyer
and watching videos of late Mr. Ram
Jethmalani. This helped me get
acquainted with the language and
the law.

Your thoughts on ‘Future of

174 | BW LEGAL WORLD | November 2021

Arbitration in India’. tated, to provide a solid base and feel virtual hearings will be more
ensure longevity. Not only will it convenient and will make arbitration
To ensure an efficient arbitral mech- make India the hub, but also create a in India a preferred method of dis-
anism and see it grow substantially in dynamic arbitration culture. pute resolution.
the near future, appointment of
young lawyers as arbitrators must be Stakeholders will also have an What can law firms do today to
encouraged. important role to play in shaping up
the future of arbitration in India. For ensure they survive in an era of
Despite the existence of various instance, lawyers must understand
arbitral institutions, institutional that the practice of challenging every disruption?
arbitration in India remains in a nas- arbitral award must be discouraged Staying updated with the latest
cent state which is evident from the and the focus should not be on get- developments in the law is very
fact that almost 90% of arbitrations ting more work from one client by fil- important and in an era of disrup-
in India are ad hoc. The main reasons ing frivolous challenges to the award, tion, cost cutting is also crucial for
of parties being reluctant in instead we must focus on making any firm. Lastly, the fee model needs
approaching these institutions are arbitration more effective which will to be revisited so as to make the ser-
lack of awareness about the advan- eventually generate more work as vices cost-effective for the client.
tages of institutional arbitration over there will be more investment.
ad hoc arbitration, outdated rules of Many Congratulations on joining
procedures and poor infrastructure. What in your opinion has been
the BW Legal World Elite 40
The government has taken steps the biggest change or challenge
to make India the hub of Under 40 Club of Achievers 2020.
International Arbitration. However, looming over the legal landscape
What to your mind has helped you
VIRTUAL HEARINGS WILL BE
MORE CONVENIENT & WILL MAKE get to where you are and what

ARBITRATION A PREFERRED advice would you have for others
METHOD OF DISPUTE RESOLUTION
who want to set off in a similar
a larger issue has been missed i.e., of India amid Covid-19?
why India is languishing for decades direction?
and has not been able to become an With the country-wide lockdown, Thank you for considering me for
arbitration hub. The reason in my the performance of services under this honour. I feel it is only hard work
view is that emphasis is put only on many contracts was delayed, inter- and meticulous determination which
cities like Delhi and Mumbai and rupted and even cancelled due to has made me what I am today.
that the concerns of other cities restrictions created by Covid-19. My advice to others would be to get
which are in need of an arbitration rid of all the negativity around you.
culture and institutions are not A lack of know-how about tech- Always remember that the greatest
addressed. We must also promote nology is one of the major hin- successes come from having the free-
arbitration culture in Kanpur, drances in the resolution of dis- dom to fail and by keeping your mind
Lucknow, Ahmedabad, Kolkata, putes. Different time zone in virtual on the objective, not on the obstacle.
Jaipur etc. if we really want to make arbitrations is another issue faced in Keep in mind, success is the best
India a hub of arbitration. the conduct of proceedings. For revenge.
example, if the parties are in New
Additionally, we must also learn Delhi and the arbitrator is in New Things that I would like to suggest
from the development of the best York, then they will have to come to to lawyers out there are:
three arbitral institutions i.e. ICC, terms with the different time zones 1. Reading judgments is the most
SIAC and LCIA that have huge num- for holding a virtual hearing. Also, important attribute that lawyers
ber of cases, growth in revenue etc. judgments are being challenged on must possess.
the ground that the principle of nat- 2. Develop your niche in a specific
Additionally, ease of doing busi- ural justice was violated, etc. field of law.
ness in India also needs to be facili- 3. Also, get into the habit of writing
Nevertheless, in times to come, I on various current prevailing issues
in law.
4. Lastly, spend more time on
Linkedin and Wordpress rather than
on Instagram or Facebook etc.

The full interview is available on
www.bwlegalworld.com

175 | BW LEGAL WORLD | November 2021

GETTING
THE BEST
OPINIONS

In a freewheeling chat with Ashima Iwouldliketoseeworld-class
courtroomsthatresemblecorporate
Ohri, Managing Editor, BW Legal offices-TARUNNANGIA, Anchor,
LegallySpeaking,NewsX
World, Tarun Nangia talks about

his illustrious journey, mentors,

gaps in the legal system, media

trials, stumbling blocks to respon-

sible journalism and much more in

this exclusive interview.

Tarun, would you please tell us

where did this illustrious journey

begin and how did you navigate

into legal journalism?
I was always interested in having
conversations and gaining knowl-
edge. My work is an extension of
what I like. Specifically, the first
brush with legal journalism is
embedded in my early days doing
interviews on the Abdul Karim Telgi
stamp paper case, it was a very inter-
esting case. The early interactions
with lawyers, judicial officers, police
officers and staff and common peo-
ple provided a good grounding.
Then of course the 2G case, coal
block allocation case greatly shifted
my attention to the importance of
courts in impacting society and
business. However, I would still rec-
ognize myself as a person who enjoys
having conversations with lawyers
and judges and knowing from them
more than anything else.... Legally

176 | BW LEGAL WORLD | November 2021

Speaking with Tarun Nangia you see in Gurgaon, Bangalore, need to restraint the insidious
emerged out of all these experi- Pune and Hyderabad. Then, I Trial by Media.
ences... would like to see all the judicial Freedom of Press is important, and
vacancies filled pan-India. A court important for democracy, but Trial
Who have been your guiding that works digitally so people sit- by Media needs self reflection and
ting in New York or Bathinda can regulation by media themselves.
North Stars and the biggest inspi- appear before the court or track the
case sitting in their offices. If these What in your experience has been
ration in this journey? things happen, India will get bil- the biggest challenge looming
Thomas Babington Macaulay, Sir lions of dollars in investment as over the media fraternity amid
James Stephen, Richard Wellesley, commercial cases will be solved Covid-19?
Lord Cornwallis, Mukul Rohatgi, faster and there would be ease of Media, like every other industry has
Dr. Abishek Manu Singhvi, Raian doing business. Also, if we could got hit badly by the Covid-19 pan-
Karanjawala, Justice Arjan Kumar move towards shorter judgments of demic, since Indian news media
Sikri, Justice Suryakant, Justice 18-20 -25 pages, that would be a companies have hardly any subscrip-
Nariman, Parag Tripathi, Justice bonus. tion revenue, the challenge to get rev-
Chandrachud, Tom Bingham and enues via advertising will be high in
their journey has inspired me. What in your opinion is the big- the next few quarters till the eco-
gest stumbling block in the path nomic growth picks up and advertis-
Would you please tell us more ing goes up.
AT EVERY
about Legally Speaking? STAGE, Other than work, what else keeps
Legally Speaking with Tarun Nangia you busy? Would you please
is essentially about conversations KNOWING share your other interests and
with eminent lawyers, judges, arbi- WHEN TO ENTER hobbies with our readers.
trators, law officers. We discuss I like reading books, mostly non-fic-
every issue be it judgments, or even A DOMAIN & tion, that keeps me busy. Then I like
issues like transfer and appointment WHEN TO MOVE trying different kinds of food.
of judges or law officers. Then we
have done series like Up, Close and ON, IS VERY Many Congratulations on joining
Personal, Biography series, where I IMPORTANT the BW Legal World Elite 40
have done video biographical inter- Under 40 Club of Achievers 2020.
views of eminent individuals like of responsible journalism What to your mind has helped you
Mukul Rohatgi, Dr. Abhishek Manu today? get to where you are and what
Singhvi, Raian Karanjawala, Karnal A population that pays subscrip- advice would you have for others
Singh, Arun Jaitley : Life & Times tion fees is very important, the peo- who want to set off in a similar
(with Mukul Rohatgi & Raian ple should realize that they have to direction?
Karanjawala). pay for good journalism. When we I feel life is a journey where one grows
have people who believe in paying each day, as one learns, be it success
You are both a legal influencer for the news they consume, the or failure. If one enjoys what one
news content would improve by does, that is bonus.
and a-fly-on-the-wall journalist leaps and bounds.
Any golden piece of advice from
that accords you a very holistic A follow-up to the previous ques- the treasure trove of your experi-
tion: How in your opinion can we ences in the industry?
view of the legal industry. What settle the debate on the impor- At every stage of your professional
tance of Freedom of Press vs. the career, knowing when to enter a
then would you say are the gaps domain and when to move on, is very
important.
in our legal system that need
The full interview is available on
more attention. www.bwlegalworld.com
My job is to ask questions and I leave
it to the legal heavyweights to high-
light these issues as I genuinely feel
my job is to get the best opinions and
recommendations from them while
doing my interviews.

But generally I would like to see
world-class courtrooms that resem-
ble corporate offices like the ones

177 | BW LEGAL WORLD | November 2021

COLUMN

COVID-19’S
ROLE IN

TRANSFORMING
THE FUTURE OF

LEGAL PRACTICE
IN INDIA

Roma Priya,

Founder, Burgeon Law

I n the last year, the world has changed almost entirely and businesses across verticals have
undergone a major transformation in nearly every aspect. The legal sector is no exception.
The pandemic’s ripple effect has proven to be the driving force for the accelerated technology
adoption by the legal sector to ensure that the system continues to work frictionlessly whilst
following the social distancing norms and lockdown rules. Despite digital transformation
being on top of the priority list for the legal sector since well before the onset of the pandemic,
the global health crisis has fast-tracked this just as the global workforce was thrust into a
worldwide remote working experiment almost overnight.

Now, while the common phrase is that necessity is the mother of invention, in this case,
necessity has become the facilitator of progress and growth. Despite the pandemic creating
widespread disruptions, it has opened a treasure trove of opportunities, and the legal sector
has risen to the occasion by ramping up its technology infrastructure to continue operations
seamlessly, utilising the scenario to its benefit. All in all, the pandemic has undoubtedly
changed the future of legal practice in India. Here’s how:

The Emergence of Virtual Courts

One of the most prominent changes brought on by the pandemic has been the advent of vir-
tual courts. Since remote working became the new norm across the world, legal operations,
including court hearing sessions, have been shifted to online mediums and virtual courts

178 | BW LEGAL WORLD | November 2021

November 2021

COLUMN

are being adopted increasingly. This their complete disappearance is not arguments, resulting in increased ef-

enables seamless jurisdiction of cases likely. In the foreseeable future, legal ficiency and productivity.

without the need for parties involved practice in India may follow a hybrid Now, for corporate lawyers, the

as well as lawyers and judges, to be model of working where there will be shift to online mediums has made it

physically present in courts. However, a combination of both physical and far more convenient and less time-

it’s crucial to understand that virtual virtual court sessions. consuming by facilitating the draft-

courts are not an entirely new concept ing and sharing of deals/contracts and

that came into existence owing to the The Driving Force scheduling client meetings virtually.

pandemic’s impact. India’s first vir- As opposed to other industries, the With Legal Tech companies on the

tual court was launched in 2019 by the legal sector has no doubt been rela- rise, today’s law firms are also lever-

Chief Justice of the Punjab and Hary- tively slow in adopting leading-edge aging software such as CRM to cross-

ana High Court. technologies such as AI, IoT, etc. But reference data and files when required.

The onset of the pandemic has sim- since the onset of the pandemic, the The aforementioned, combined, have

ply accelerated the adoption of virtual sector has been fairly quick in technol- contributed to increased efficiency and

courts by the Indian judicial system in ogy adoption and digital transforma- productivity in the sector.

the light of the global crisis and em- tion. Right from hiring to contracts

phasised the need for increased usage and deal closures, the usage of AI has What’s in Store?

of video conferencing for smooth court been increasing steadily in the Indian The post-pandemic era will undenia-

proceedings. Now, the million-dollar judicial sphere. bly be a fresh, exciting time for emerg-

question is – will this be a long-lasting While the incorporation of AI in ing legal professionals. With law firms

change? every aspect of the business would re- now becoming more flexible, law will

Over the past year, courts across quire heavy capital and resources, the no longer be a static profession. In

India have rapidly adapted to the technology has played an instrumen- fact, legal practice has now become

a skill that requires far

OVER THE PAST YEAR, COURTS ACROSS more than just technical
knowledge.
INDIA HAVE RAPIDLY ADAPTED TO
THE CHANGING SCENARIO. THEY ARE New-age lawyers
NOW CONDUCTING ONLINE HEARING need to be adept at digi-
SESSIONS AND ARBITRATION TOO HAS tal skills and focus on
honing skills such as cli-
ent relations, network-
ing, problem-solving,
etc., to build successful

SHIFTED TO DIGITAL MEDIUMS.” careers in the dynamic
and increasingly com-

petitive market. The

changing scenario. They are now con- tal role when it comes to spurring the legal sphere offers a plethora of career

ducting online hearing sessions and growth of Legal Tech – a segment that opportunities and professionals need

arbitration too has shifted to digital has been prioritised only recently. to be well-equipped to pursue them.

mediums. As the legal industry em- The scalability that AI offers will The post-Covid era will see the

braces remote working, parties, and ensure that lawyers are able to adapt inclusion of technology being aug-

tribunals have moved past their appre- to the future while continuing to lend mented further. This new legal regime

hension to digital arbitration, thereby their expertise to their clients. Aside will mark major progress in the legal

acknowledging and accepting the new from this, new-age legal professionals industry in terms of streamlined op-

operational methods of courts. and aspirants who are more tech-savvy erations and will make India’s legal

Additionally, virtual courts also will be more willing to welcome the in- industry a globally distinguished one.

help clients save time, cost, and effort clusion of technology in the industry. In a nutshell, the pandemic has

spent in commuting long distances to Lawyers will soon be bidding good- made the legal sector more flexible

reach the physical courts for hearing bye to the conventional methods of and agile and transformed the face of

sessions. But that having been said, legal practice and dedicate their time legal practice in India – a change that is

physical courts have been ingrained as and resources to the legal practice, more than likely to last for the foresee-

a major part of the judicial system and strategising and planning their cases/ able future.

180 | BW LEGAL WORLD | November 2021



LAST WORD

India Withdraws ernment, further demonstrating the
Retrospective Tax – Better unfairness of retrospective taxation
in a modern democracy governed by
Late, Than Never the rule of law.

By Shinoj Koshy, Partner; L&L Partners & The 2021 amendment finally pro-
vides the government an opportunity
Purvi Khanna, Associate, L&L Partners for course correction and much need-
ed damage control. It provides that
THE TAXATION LAWS (AMEND- all tax demand notices based on the
MENT) Bill, 2021 (“2021 amendment”) 2012 amendment shall be nullified if
passed by the Lok Sabha will undo the the taxpayer agrees to withdraw all
retrospective taxation introduced by the legal proceedings challenging such
Finance Act, 2012 (“2012 amendment”). notices in India or overseas, and fur-
The 2012 amendment had provided for nishes an undertaking waiving its
retrospective taxation of income arising rights to pursue any such remedies
from the sale of interest in an overseas en- or claims against the government
tity that derived, directly or indirectly, its in India or overseas. If the taxpayer
value substantially from assets located in chooses to avail the benefit of such
India. nullification, any tax demand notice
issued under the 2012 amendment
An entity was deemed to derive its value would be nullified and any amount
“substantially” from assets located in India paid by the taxpayer under the 2012
if the value of such Indian assets exceeded amendment would be refunded,
Rs 10 crore and represented at least 50 per without interest.
cent of the value of all the assets owned by
the overseas entity Arguably, the 2021 amendment
has come nine years too late, but
The 2012 amendment deemed the above thankfully it is a case of “better late,
clarification to have been in effect from the than never”. Reversing the retrospec-
promulgation of the Income Tax Act on tive effect of the 2012 Amendment,
1 April, 1962. This meant that all trans- nullifying pending demands and
actions involving a transfer of shares or offering to refund the amounts col-
interest in foreign entities which derived lected, all indicate a realisation that
(Top) Purvi Khanna, Associate, L&L Part- substantial value from the Indian assets the government had lost far more
ners&ShinojKoshy,Partner,L&LPartners would be subject to capital gains tax in In- than it thought it would gain from a
dia, and interest amounts would be levied legislative Act aimed at reversing the
for delay in payments from the time the tax Supreme Court’s decision in favour of
became due. This enabled Indian revenue to raise tax demands on all transac- Vodafone. If Cairn agrees to take up
tions that had been consummated any time in the 50 years prior to the 2012 the benefit of nullification provisions,
amendment, clearly standing the Smithian cannon of tax certainty on its head. and abandons its enforcement pro-
The 2021 amendment finally corrects the wrongs of the 2012 amendment ceedings against the international
by removing its retrospective effect. It provides that no tax demand will be assets of the government (e.g. aircraft
raised in future based on the 2012 amendment for any overseas transfer of and overseas property owned by Air
shares or interest undertaken prior to the date of the 2012 amendment, i.e., India), then it will allow the govern-
28 May, 2012. ment to avoid more imminent em-
Retrospective taxation, consequent demands, entirely avoidable domestic barrassment.
litigation and international arbitration has been a cause of severe criticism and
embarrassment to the government. Following the 2012 amendment, demands Finally, it will help in restoring
were issues in seventeen cases. Of these, two have been stayed by high courts tax certainty and credibility of the
and arbitration was invoked in four cases under bilateral investment protec- Indian legal system among inter-
tion treaties. In two ongoing arbitrations (by Cairn Energy Plc and Vodafone national investors and help attract
Group Plc), international arbitration tribunals have ruled against the gov- greater foreign investment, as the
country recovers from the ravages of
Covid-19.

182 | BW LEGALWORLD | November 2021