In Conversation With Abhishek Swaroop, Partner, Saraf & Partners| BW Legal World 40 Under 40

Many Congratulations on winning the BW Legal World 40 under 40. How has been your initial reaction after joining the elite club of BW Legal World 40 Under 40 Lawyers and Legal Influencers? How was your experience interacting with the Jury and of the event? 

AS: At the very outset, I thank BW Legal World for conferring this honour and admitting me into the elite club of ‘BW Legal World 40 Under 40 Lawyers and Legal Influencers’. The reaction is / was of true elation, coupled with a sense of achievement and satisfaction. It was great that all the work done, and efforts put was getting recognized and affirmed by the industry. Each of the member of the jury is / was a stalwart of the legal profession and many of whom we have grown up admiring as role models. To present yourself before such people was, in itself, an enriching experience. To give credit, where its due, each of the jury members were very encouraging and receptive and their impartial, candid, and frank questions made the interaction meaningful and worth cherishing. 

Please walk us through your journey in this field of law? When did you first realize that law was your life’s calling?

AS:  I have been born and brought up in a family of legal professionals and I am one of the 03rd generation lawyer. My (late) grandfather was the senior most lawyer practicing on the civil side in the District Courts of Deoria, U.P – a small, but a commercially very important town in eastern UP as it’s the highest sugarcane producer district of the state. Following him, my father and uncle also decided to pursue law. While my uncle continued (and expanded) the civil practice, my father got selected in UP Judicial Service and retired as District Judge from Kannauj in the year 2011. Frankly speaking, law was not my first preference as I wanted to pursue Chartered Accountancy. However, the destiny had other thoughts. On my father’s wish (not a command), I decided to sit for NLIU Bhopal entrance examination, which, at that point of time, was conducted by the University only (through Vyapam – the MP Government Examination conducting body), and as they say, the rest became history. Once I joined the law school, I took law like fish to water.        

After graduation, I decided to do Counsel practice. If am not wrong, I was the first law school graduate to start practice in Lucknow Bench of Allahabad High Court. I joined the chambers of Mr. K. Mridul Rakesh, Senior Advocate, the most reputed chamber on the criminal side. After about 2 years, I decided to move to Delhi and joined Zeus Law. Thereon, after a short stint at Amarchand Mangaldas (prior to its split), I joined Luthra & Luthra Law Offices in/about 2014 till Saraf and Partners was established in July 2021 – where I joined as one of the founding Partners.      

Who according to you has been your guide and mentor in this illustrious journey as a lawyer?

AS: Not one, but many. Right from my grandfather – with whom I had couple of opportunities to work as trainee. It was him who made me imbibe the lesson to pay attention to finer details while preparing a brief. And thereafter it has been my father who, apart from all legal lessons, gave life lessons on how to conduct oneself in the profession. For him, the most important thing, which sets a lawyer apart from others, is his honesty and work ethics. After them, the most important person in my journey as a lawyer is (now) Hon’ble Mr. Justice Subramonium Prasad. It would not be incorrect to say that he has been the epitome of a lawyer – one who my father wants me to be like - not just in terms of legal knowledge and acumen, but, and most importantly, how one should conduct in the legal profession. Much more important than his legal teachings (which are anyways invaluable) are his life teachings, and which are the reason for what and who I am today – as a legal professional.   

Please help us understand the practice areas you deal in and the diverse array of work you handle? Which industries does your practice cater to mostly and which sector of the economy does your advisory service cover?

AS:  As a dispute resolution lawyer, over the years, I have handled multiple and diverse range of matters including, but not limited to, corporate commercial, arbitrations – both adhoc and institutional, original and appellate side, writs, etc. However, with IBC coming into existence, my practice got focussed on this area of law. Over the years, I have been part of some of the biggest and pathbreaking litigations in the area such as acquisition of Essar Steel by ArcelorMittal, etc. I have had the opportunity to represent almost every stakeholder involved, in the various matters that I have handled or have been handling, such as resolution professionals, liquidators, resolution applicants, financial creditors (both public sector and private banks), operational creditors, etc. By the very nature, the banking and finance industry / sector is the one with which we usually work. In addition, thereto, I have also been handling lot of schemes of arrangements filings, etc. Needless to say, the core original side work on the arbitration and civil side continues. 

Do you believe that AI and Technology will supersede the lawyering skills in the coming times, especially with the recent hype around ChatGPT and other AI softwares?

AS: In my view, the AI and Technology may create inroads in the transactional legal work, and it may supersede lawyering skills to some limited extent of first level document creation. However, the same does not hold true as far as dispute practice is concerned. Each and every dispute is unique, and its understanding, presentation and drafting require specific lawyering skills which can never be substituted by AI or technology, howsoever advance it may be. It can only aid or assist, but never substitute.

What are you doing if not lawyering? What are your hobbies in general?

AS: Whatever time I get from the strenuous work schedule, I love spending time with my family. Also am a big foodie, so trying new places and new cuisines is our (me and my wife’s) favourite hobby. For the same reason, may be, I love cooking – which is like a stress buster for me. I love inviting my extended family and friends whenever I cook. 

As a parting note, would you please recommend a favorite book that left a lasting impression on you? What has been your most recent read?

AS: I love reading biographies and autobiographies of legal luminaries, as well as books authored by lawyers and judges – of which I have huge collection. However, the book, which has created a lasting impression on me is ‘Nani A. Palkhivala – A life’ by M.V. Kamath. This books actually tells, rather inspires, what all a person can achieve with his sheer belief. Recently, I have been reading (and yet to finish) is ‘Discordant Notes’ by Hon’ble Mr. Justice (retd.) Rohinton F. Nariman. This book is an amazing read as it really gives another lens / perspective of understanding dissenting judgments.