In Conversation With Khushboo Kataruka, Partner Hammurabi & Solomon Partners

Krishnendra Joshi Jun 17, 2024

At first, Khushboo, didn't envision a career in law. However, reading John Grisham's "Rainmaker" during ninth grade fascinated her with the world of lawyers and the whole ecosystem. The decision to pursue legal studies crystallized in 2007 when a teacher at her coaching institute, where she was preparing for an undergraduate business course entrance exam, suggested she consider CLAT.

Khushboo, would you please walk us through your early years of education and the decision to become a lawyer?

I attended Bishop Westcott Girls’ School for high school in Ranchi, a catholic institution catering to both boarding and day scholars. During this time, I developed a passion for subjects like English Literature, Physics, and History. Recently, we celebrated our alma mater's centennial anniversary. Following high school, which also includes two years at DPS, Ranchi for my 12th boards, I enrolled at Gujarat National Law University in Gandhinagar to study law.

At first, I didn't envision a career in law. However, reading John Grisham's "Rainmaker" during ninth grade fascinated me with the world of lawyers and the whole ecosystem. The decision to pursue legal studies crystallized in 2007 when a teacher at my coaching institute, where I was preparing for an undergraduate business course entrance exam, suggested I consider CLAT. They noted that law aligned well with my interests, urging me to explore it as a career option. I'm eternally grateful for their guidance in steering me toward this path.

How do you support the legal and regulatory needs of MSMEs and startups and what are some common challenges they face in navigating the legal landscape?
We provide support to MSMEs and startups by proactively addressing potential disputes and mitigate litigation for them, through drafting robust company policies and terms and assist them with regulatory compliance.
One significant challenge faced by MSMEs in India is the conflict between the MSMED Act and the Arbitration Act. Some MSME Councils, established under the MSMED Act, lack proper training and fail to comply with mandatory provisions such as conciliation and arbitration. Additionally, in certain cases, these councils may not even be properly constituted. Consequently, due to these shortcomings, MSME claimants often face setbacks, as awards rendered by such councils may be rendered null and void, forcing them back to square one. This not only consumes significant time and resources but also undermines the intended purpose of these special acts.

Can you tell us about one notable case you have been involved in during your career?
Jharkhand, which was carved out from erstwhile state of Bihar, has intricate land laws. Some districts have different regulations from others, and there are special laws safeguarding tribal and notified areas. Therefore, a legal practitioner must conduct thorough studies to handle land related cases in the region.
Recently, I handled a case where the legal heirs of a former king from one of the erstwhile Bihar provinces contested my client's possession of the land. They succeeded in suspending tax payments of my client to the government through revenue courts, hindering any further construction on the land. Challenging this in the High Court, we presented detailed arguments on Jharkhand's land laws and jurisdictional issues. Ultimately, we secured the quashing of the revenue court order including the revisional one and obtained a directive for state authorities to accept taxes and issue receipts to my client. This enabled the client which is a charitable organization to obtain approval for their building plans. Such cases, where longstanding obstacles are overcome for clients, are deeply rewarding.

What is your success mantra and what advice would you give to others wanting to tread a similar path?
I strongly advocate that willpower and patience are essential qualities for legal practitioners, especially independent ones who may face income fluctuations, particularly in the early stages of their careers, given the absence of a fixed monthly salary. It is vital to remain resilient, stay focused on the bigger picture, and persevere without losing faith.
In the courtroom, there will inevitably be both favourable and challenging days. A practitioner must approach each with equanimity, not allowing setbacks to demotivate them. Also, there is no alternative to a thorough read.

Krishnendra Joshi

BW Reporters Krishnendra has 6 years of experience in Content and Copywriting. He realised the value of persuasive writing while working with LawSikho. Writing a few marketing emails taught him that right wordings create the right impact. Reading The Boron Letters by advertising legend Gary Halbert inspired him to keep learning about the craft of writing. He does not restrict himself to legal content writing alone. He has written content for clients in the SaaS Industry and Personal development Industry. He believes in writing for multi niches to enhance his creativity and train his writing muscle.