Emerging Law Firm of the Year—In Conversation with Arush Khanna, Partner, Numen Law Offices— BW Legal World Global Legal Summit and Legal Leaders Awards 2020

Many Congratulations on winning the BW Legal World Global Legal Leaders Award for the year 2020. How was your experience interacting with the Jury and of the event? 

My heartfelt gratitude to the BW Team and the esteemed members of the jury for considering our firm, Numen Law Offices for the “Emerging Law Firm of the Year”. We are only 18 months old and having taken most of our initial strides in the midst of the pandemic, getting the award was truly special. 

In all honestly, I was quite nervous as we were only allowed 2 minutes to make our pitch before the jury. A jury which comprised of Justice Dipak Misra, Former Chief Justice of India, Justice (Retd.) A.K Sikri, Mr Neeraj Kishan Kaul and Ms Geeta Luthra amongst other distinguished people. 

Even in times where virtual events are happening by the hour, the BW Summit and Awards night was unique. Congregating the finest legal minds in the country over a day’s event which ended with the awards ceremony was an exceptional achievement. It was the second time I participated in the BW Summit, the first one being at The Imperial, New Delhi in 2019 where I was a speaker in one of the sessions. 

Heartiest congratulations to Dr Batra, Ashima, Gareema, Krishnendra and the entire team at BW for putting this together. I look forward to a continued association with all of you.  

For a young lawyer, you’ve had a fairly illustrious journey in law. Where did this journey begin, who were your mentors, and are there any goals that remain to be achieved?

Illustrious! You are being very generous. 

The journey began back n 2012 when I graduated from Symbiosis Law School, after which I completed my masters from the National Law School, Bangalore. I started my practice with Karanjawala & Co. After a brief stint with the firm, I left to join the chambers of Mr Sanjeev Anand, Senior Advocate. My areas of practice were mainly in the commercial disputes space with a key focus on arbitration and insolvency. I cherish my days, both at the firm as well as the chamber and I am grateful for the kind of exposure I was given. 

I started independent practice in 2016 and after 3 years co-conceived Numen Law Offices, with 3 other partners. We are now a team of 8 lawyers with offices at Delhi and Mumbai. Although I am essentially based out of New Delhi, I do a considerable amount of work in Mumbai (I still prefer calling in Bombay). 

As regards my mentors in the profession are concerned, it is difficult to look beyond my grandfather, Dr Lalit Bhasin. He has been the single brightest guiding light for me in the profession. It is fascinating on how he manages to don so many hats and execute his massive docket of work with such finesse and quality. Apart from Dr Bhasin, I have great admiration for Mr. Sanjeev Anand, who handheld a 22-year-old and taught him the art of written and oral advocacy. He is a gem and I can never forget my last day in his chamber, both of us had moist eyes. 

It is only my tenth year at the Bar. The journey has just begun and therefore so many goals are yet to be achieved. I am excited for whatever lies ahead and ready for the challenges that come with it. 

You were India’s National Representative at the Young Lawyers Committee of the International Bar Association. Tell us something about your role with the IBA? What advice would you have for others who want to set off in a similar direction?  

My appointment as a National Representative could have been a case of being at the right place at the right time. In 2017, I was selected as a scholar to speak at the IBA Annual Conference in Sydney. A day before the main conference, I attended the young lawyers training program where I was introduced to the then chair of the YLC by my friend Pranav Srivastava, who, after speaking to me for 10 minutes suggested that I should apply for the NR position. I did apply and as luck would have it, the application was passed by the YLC Board. It’s really been a great journey with the IBA. 

Our profession has transcended national boundaries and as young lawyers, we must look at opportunities to synergise with our global brethren. In addition to one’s core practice areas (litigation/corporate law etc.), it is important to devote time to increase your bandwidth as professionals. This not only forges life-long relationships but embellishes one’s own profile as well. 

It's been 4 years with the IBA and it has been a great learning and a lot of fun. 

We have seen a spate of legislative changes in recent years that have been monumental in reforming India's legal framework across all sectors. Would you please highlight a recent development concerning your practice area that has positively impacted the industry?  

The IBC (Amendment) Ordinance 2021, promulgated on April 4, 2021, is one such amendment, whose prospects are keenly awaited. 

The ordinance brings in a new facet of insolvency jurisprudence in our country – the ‘pre-packaged’ insolvency resolution process, which has been introduced for all companies and LLP’s (corporate debtors) classified as micro, small and medium enterprises, under the MSMED Act, 2006. 

Unlike the traditional corporate insolvency resolution process (CIRP), which is initiated at the instance of third parties (financial/operational creditors), the pre-packaged insolvency resolution process, is more like consensual restructuring. Under this regime, the company/LLP, along with the (unrelated) financial creditors, holding 66% or more of the total financial debt agree on a resolution plan before making an application for pre-packaged insolvency. This mode of corporate restructuring is less litigious along with being time and cost-efficient. 

The MSME sector has been hit badly with the outbreak of the pandemic but this amendment is surely a step in the right direction. If implemented in letter and spirit, the law is certain to bring respite to our ailing MSME’s. 

How has the legal services industry transformed in the past year? What have been your key learnings from the year past and what are your predictions for the future?

The legal services sector has seen a major shift in its modus since the outbreak of the virus. Work-from-home, originally a fringe concept, has now become a focal concept and firms are working their way around it, to ensure maximum productivity while ensuring data security and surveillance. 

I had to learn things the hard way in the past one year. Just after having in two physical offices in Delhi and Mumbai, the pandemic made me realise that investing in Cloud Space > Office Space may be the way forward. 

It will be interesting to see how legal services will be rendered and knowledge is disseminated in the post-covid world. Whilst, a vast majority of engagements are likely to go virtual, I still believe that certain engagements must resume in their physical form. The profession of law needs social capital and cannot thrive in isolation. As the great Mr. Arvind Datar said, “I miss the oxygen of being in Court”. I miss it too, sometimes!

What role can law/law firm/an individual play in making workplaces truly diverse and inclusive?  

We at Numen Law Offices take pride in our diversity. We currently have 50:50 male/female ratio. Our team members (including support staff),  have their ethnic roots in various parts of the country such as Punjab, Kerala, Bihar, Assam, Tamil Nadu, Maharashtra etc. 

As lawyers, we need to be the change we want to see. Our profession needs to pave the way for the other sectors to follow. We are seeing a gradual shift for the better but there is a still a long way to go. However, before ensuring diversion, we need to have adequate safety mechanisms in place. 

An experience, case or person that left a lasting impression on you. 

Back in 2016, through the kind reference of Mr Prashant Kumar (the then President-Elect, Bar Association of India), I was approached by the management of TGI Fridays’ Restaurant who were aggrieved with an order passed by the Dy. Excise Commissioner by which their liquor license was cancelled and the restaurant premises at Hyderabad was sealed. 

The merits of the case were against us since it was alleged that TGIF had served liquor to underage persons, who later, ran their car into a fatal accident resulting in casualties. While reading the documents, it was observed inter-alia, that the restaurant was issued a show-cause notice for sealing on July 11, 2016, giving it 7 days to respond. The sealing happened on July 18, 2016. Taking recourse to the General Clauses Act and the principle that while computing time, one must exclude the first day and include the last, I argued that the sealing done on the 7th day was pre-mature and against the principles of natural justice. The restaurant had the right to wait till the last day of limitation so provided and that its response dated July 18, 2016 (day of the sealing) ought to have been considered. The case was argued over 2 days. The court acceded to my contention and the order was set aside.   

The case was well covered in the local media, not all coverage showed the restaurant in good light but at all of 26 years, it felt nice. I will always remember my court adventures in Hyderabad for this case. 

Law firm practice of the future: LegalTech tools that are transforming the traditional methods of legal practice in India. Have you started using any cloud repositories or other AI tools for contract management and review?

The entire interface of our advocacy has changed over the last 14 months. Despite being a dispute resolution office, we are trying to move with the times. We have invested in a protected cloud repository for the storage of case files and client communications. They are all well encrypted with unique access codes. Since work for home is becoming more prominent there is limited scope for data control surveillance. These tools are slowly becoming indispensable for any professional organisation dealing with confidential data. 

What keeps you busy when you’re not working? Any favourite book or movie/series that you'd like to recommend to our readers. 

I am a big foodie and cricket lover. I love watching cricket with the family. Luckily my wife is also fond of watching cricket so all remains good in the hood. I am not an avid reader but occasionally do pick up a book, normally on history, including that of our legal profession, being the second oldest one in the world. For the young(er) lawyers and law students, I would recommend ‘Roses in December’ by M.C Chagla, the longest-serving Chief Justice of the Bombay High Court. I’d also suggest ‘Nani Palkivala: Courtroom Genius’ by Arvind Datar. 

Any other thoughts, message to our readers. What other than hard work is a mantra to success? 

To the readers who managed to reach till this part of the interview, I am grateful for you to have taken out the time for it. It is indeed a privilege to be featured in one of the finest publications for the business and legal services sector in India.

My journey is very much a work in progress, just as are all my mantras, so all disclaimers in place. Hard-work, Smart-work, teamwork and Net-work, married with a bit of luck perhaps! 

Lastly, do not forget to love what you do.