September 27, 2018

Name of Legal Stalwart: Nachiketa Goyal

Introduction:

Nachiketa Goyal is an Advocate by profession, working as an Associate at Kochhar & Co. a leading full service law firm and a member of the Board of BloodConnect. BloodConnect is one of the India’s largest youth run initiative in the field of blood donation. He has years of experience in diverse areas of law with special focus on corporate litigation. He has been regularly advising, representing and assisting several large multinational & domestic clients from various sectors such as pharmaceuticals, aviation, consumer goods, etc on a wide spectrum of matters.

 Q1. Tell us something about your early childhood and schooling?

Ans. I was born and brought up in Delhi. I did my initial schooling from Delhi public school, Vasant Vihar (Junior branch R.K. Puram). Thereafter, I shifted to USA for 2 years. When I came back, I joined DPS, Gurgaon and finally graduated from KR Mangalam World School, GK-2. Since my childhood days, I was extensively involved in sports and extra-curricular activities.

Q2. When did you decided to pursue law as profession and why?

Ans. I decided to pursue law immediately after my 12th board exams. This decision like all good decisions of my life, was gift from my father, who after my class 12th board exams decided to counsel me and helped me decide my career path.

Q3. Are you a first-generation lawyer?

Ans. Yes, I am a first generation lawyer.

Q4. How was your experience in law school?

Ans. I would define my experience in law school as an enriching one, with good level of learning and exposure. I got to learn a lot of new things from the law school, and it gave me a different perspective. Generally each field has certain specifics, say for example, if we refer to B. Com., specifics would be finance and business, but in law one has to get a holistic view of different aspects of life and that gave me a different perspective to life. Overall, I would say that I has a good experience at the law school.

Q4. How do you think the law school education has changed since then?

Ans. I think a more progressive approach has come into place. During my time in law school, the moot court competitions and internships were the upcoming trends. However, when I see law schools/students now, I understand that moot courts and internships along with other practical aspects like negotiation and mediation have become prominent. In today's time, law schools are concerned more about the practical learning which gives students an edge over the persons who have graduated earlier. I believe that law schools by propagating this culture, have improved the system.

Q5. What is your area of practice? 

Ans. My prime area of practice is arbitration and commercial litigation. I regularly advise and represent clients on dispute resolution and litigation pertaining to infrastructure and construction projects such as highways, metro projects, etc. I have also represented clients in various criminal matters and helped in procuring various favorable orders/judgments for them.

Q6. What is the most interesting part of your area of practice?

Ans. Most interesting part is that there is something new every day and seeking justice for your client makes it the best part. Every day you get to learn something new, do something different and implement it in your real life.

Q7. Please share a memorable case you dealt in your professional journey?

Ans. The best one I remember is that overnight we prepared a petition to be filed before the Hon'ble Bombay High Court for injunction on invocation of bank guarantee. We realized that chances of getting the relief in Mumbai were very  bleak, so before filing the petition in Bombay high court, we moved the Himachal Pradesh High Court in Shimla and obtained an injunction on invocation of bank guarantee which in itself is a herculean task.

The law pertaining to injunction on invocation of bank guarantee was a difficult hurdle to surpass and we were able to overcome the same. We also beat the barriers of jurisdiction, which was a tough preliminary issue. The whole task of preparing pleadings, moving the Hon’ble Bombay High Court and the Hon’ble Himachal Pradesh High Court and obtaining the injunction was done overnight. Getting such a relief in such small span of time is surely memorable.

Q8. How and since when have you been associated with BloodConnect?

Ans. I have been associated with Blood-Connect since 2012. I joined the organization when it was very small (probably with 20-30 members) and today Blood-Connect is one of India’s largest youth run initiative in the field of blood donation. I was involved at the ground level till 2014. Thereafter, I was taken in the Board of Blood-Connect. Since then I have been overseeing the operations of the organisation. Today Blood-Connect has expanded to 15 cities.

Q9. Please share 3 strengths of the Indian legal system which make it a strongest pillar of democracy?

Ans. I believe the strongest pillar of democracy in our Indian legal system is the independence of judiciary. Many cases are filed against government on a daily basis and the same are adjudicated upon fairly by the judicial authorities. It is not that the courts give pro-government orders. In fact, the system is designed in such a manner that there is a process of judicial review and each and every action can be reviewed/challenged. This gives comfort and hope to those who decide to go against government bodies.

Q10. What according to you are the areas where legal system in our country need to improve?

Ans. It is often said that ‘Justice delayed is justice denied’ and often happens that hearings before judicial authorities are prolonged. One of the reasons for the same is that there is a scarcity of Judges to adjudicate matters and accordingly the pendency of cases is on a rise. Further, I think is that we have some unnecessary procedures which are actually not required but they are there because they have been going on for ages. I think it must be changed and it has to be accustomed to latest laws and customs.

I also think that the electronic data-base system implemented for all districts not updated from time to time and therefore is not so prevalent. In today’s world, where internet is all over, it is important to have strong online presence.

Q11. What is your wisdom and success mantra for young legal professionals?

Ans. A young legal professional who is about to enter the law field should not worry about what kind of job he gets or where is he working, etc. Rather he should worry about the work he is getting, so that tomorrow or may be after five years of experience, he knows what the law is and grow as a full-fledged good professional.

What happens is, now a days people are running after money, a good job in a top law firm, etc. but that does not really help a young professional in the long run. The thing that actually helps is taking any and all kind of work, may it be small or big and ensuring that they are delivering to the best of their ability such that is used in the best interest of the client, and not to think about the ancillary or the secondary aspects which are money or job security, etc. Needless to say, there is no second thing to hard work and perseverance.

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