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LexTalk World interviews Vaibhav Mishra. Vaibhav Mishra is a Commercial & Dispute Resolution Lawyer having practiced at Supreme Court of India, Delhi High Court, NCLT, NCLAT, Arbitration Tribunals and Delhi District Courts. He has experience in drafting Agreements & Contracts and has handled compliance related matters pertaining to Companies Act, 2013 & other connected Bye-Laws & Regulations. He is currently working as Legal Counsel of M/s. Dev Bhumi Cold Chain Pvt. Ltd. Previously he also worked as a Senior Associate at C&C Associates, Advocates & Solicitors and also appeared on behalf of Delhi Development Authority ('DDA') across Delhi High Court & different Arbitration Tribunals. He also worked as an Associate at Luthra & Luthra Law Offices India.
He did LLB from Campus Law Centre, Faculty Of Law, Delhi University, B.Com(Hons.) from Zakir Husain Delhi College, Delhi University & LLM (Specialization in Corporate & Commercial Law) from Jagran School of Law (affiliated with Uttarakhand Technical University). He is pursuing Company Secretary Course from ICSI (enrolled in Professional Level Final Programme). He has also done National Stock Exchange's Certification in Financial Module in the field of Investment Portfolios, Debentures, Equities, etc. along with Certificate Course in Competition Law & IPR from FICCI.
Interview:
Host: Tell us about a complex legal issue you worked on. Describe the complexity and tell us howyou approached it.
Vaibhav: In my legal career across different courts, forums & tribunals there were quite a few complex legal issues to deal with, however an important one would be filing of a Writ Petition in Sikkim High Court. In this case a Hyderabad based client was awarded road construction work on the Indo-China border in the Sikkim region. However the contract awarding party, i.e. CPWD had issued tender whereinpart of the contract whichwas already awardedto the client was again being tendered for fresh bidding, this was done without terminating the contract of the client.
For this matter interim stay was pressed upon in Sikkim High Court while challenging the tender being floated by CPWD in a Writ Petition in Sikkim High Court in Gangtok. Another complex issue was filing of an interim application to get a commercial establishment of a client de-sealed. In this case a Writ Petition was filed and already pendingin Delhi High Court for a client who had a commercial establishment and wanted to convert the same into a Mall in North Delhi. However MCD authorities were not allowing the same and had in fact sealed the property later on. In a span of a day or two I had to file an application in the pending Writ Petition in Delhi High Court to de-seal the property and brief a Senior Advocate also for hearing in the case. We were granted a favourable order by the Delhi High Court and the client’s property got de-sealed also. The entire complex process was a learningcurve in my career.
Host: The pandemicsaw some courts begin moving towards more remote proceedings and availability. Is this sustainable, and a possible way to increaseaccess to justice,in your opinion?
Vaibhav: Yes, through virtual hearings of courts justice is not only delivered but seen in action also. The Client who usually won’t be able to see court proceedings in a physical format would be able to see the same in a virtual format. The same is also an easy format sometimes for lawyers to argue their case.
In fact some judges’ have also started sitting late in courts so that maximum number of cases can be heard and disposed off. The same is an excellent method to provide justice. Another example of court initiatives’ in providing justice to all is starting mobile courts which can go to far flung areas and can work late in nights also.
Host: How would you rate the current legalsystem's drive towardsencouraging access to justice? Is there tangible movement in closing the justice gap?
Vaibhav: The current judicial dispensation is making many inroads in providing judicialaccess and justiceto everyone in the societyby making social programs & initiatives through Legal Service Schemes & seminars/programs on different issues.
Host: In the era of legal technology, what are the most commonlyused tools for you?
Vaibhav: Various social media tools and apps are used nowadays for keeping oneself afresh and updated on legal news. The online tools are also used to do legal research for drafting and arguments in courts also. Legal management is also done nowadays through various social media apps.
Host: Time is money in any profession and in legal it's most of all. How do you ensure to make the best of your time as alawyer?
Vaibhav: It is a difficult task but time management is important for legal efficiency. One can’t procrastinate any work too long in this profession, so I try my best to finishoff work as quickly as possible and much as possible in time.
Host: Has the nature of commercial litigation changed in a post pandemic world?
Vaibhav: The nature of commercial litigation has changed a lot in a post pandemic world. Due to financial hit and economic meltdown throughout the world client’s nowadays are not too keen now to engage an expensive lawyer.
Host: What kind of changes have you been able to see over the years in the working style of Law Firms & Law Offices of Lawyers?
Vaibhav: Due to access of legal knowledge on social media platforms & online and also due to sheer competition lawyers and Law Firms in particular have to be up to date otherwise client retention becomes an issue.
Host: What kind of struggle would a first generation lawyer face in the profession?
Vaibhav: A first generation lawyer will find it difficult to gain clientage in the initial years and even court recognition by Judges in Courts if I may say so. But sheer hardwork and determination can help in crossing such hurdle’s in the long run in the profession.
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