Swarnendu Chatterjee
Supreme Court is the Highest Court in India. It handles all issues and cases on any subject offered before it. Since it is a court with supreme authority in the country, the advocates representing it must be well-versed and knowledgeable with complete understanding. Therefore, the concept of Advocate on Record was announced by the Supreme court with the power given to it under Article 145(1) of the Indian Constitution, which states that the Supreme Court may, from time to time, make rules for regulating the practices and procedures in the court. Advocates-On-Record is regarded as the nerve centre of the Hon’ble Supreme Court.
“Advocate On Record” is a designation given to an advocate who can represent a cause or pleading before the Supreme Court. One needs to fulfil specific terms to become an advocate on record. Order IV, rule 5 of the Supreme Court Rules, 2013 lays down the requirements to be fulfilled to become an advocate on record. The exam is conducted by the Supreme Court and is regarded as one of the toughest in Asia, with a pass percentage of around 10 to 12% per year. An advocate is allowed to assist, brief, collect all documents related to the case and help in the drafting. He can also argue and plead an issue with the instructions of an Advocate on Record. Only the filing of a case under his Vakalatnama is restricted.
Section 30 of the Advocates Act, 1961 says that an advocate whose name is in the role of the State Bar Council can practice in any court of law and authority, including the Supreme Court of India. Further, section 52 of this act also mentions that any provisions in the said act shall not affect the power of the Supreme Court to make rules given under Article 145(1). Today we have Business Touch Magazine, an exciting personality Mr Swarnendu Chatterjee, Advocate-on-Record, at the Supreme Court of India.
A small introduction about Mr Swarnendu Chatterjee
When Mr Swarnendu Chatterjee was in school, he had yet to have the slightest interest in being a lawyer. However, his father, Mr Arabinda Chatterjee, is a designated Senior Advocate and is regarded as one of the top-most seniors in the High Court at Calcutta. Mr Chatterjee was interested in following his career in Economics, or, in the alternative, a Chartered Accountant. Once, he was asked by Mr Swarnendu Chatterjee’s father to his office near High Court, as the car was parked there.
When he went there with his father, he saw his dad’s office packed with junior lawyers and clients who were busy discussing their cases. Then it struck Mr Chatterjee that this profession is the one he wants to pursue, as it will allow him to study the social strata more and help people to advance causes in every sense.
At that juncture, Mr Chatterjee decided his change career. Further, as a commerce student, he pursued law with a B.B.A. School of Law, KIIT University, Bhubaneswar was offering the course, and he qualified for the entrance and graduated in 2013. He was also prepared for the Bar (AIBE) in July/Aug 2013. This was his journey from school to becoming a qualified lawyer.
Choosing the correct path is very important. Many people will try to guide you in different ways, but one should always weigh the advice with respect to their career choices. Most importantly, there is no branch of law, which will fetch a lawyer easy money and humungous earnings from the word “go”. – According to Mr Chatterjee
Professional Memberships of Mr Chatterjee
- Member Supreme Court Bar Association.
- Member, Supreme Court Advocate-On-Record Association.
- Life Member, Bar Association of India
- Associate Member, Delhi High Court Bar Association
- Life Member, Indian Institute of Arbitration and Mediation.
Mr Chatterjee has been an Advocate-on-Record at the Supreme Court of India since March 2020. He has previously worked with Saraf and Partners, L&L Partners and MAP Corporate Legal as Principal Associate in the Dispute Resolution Teams of the firms above. He has extensive experience spanning almost a decade, including being chamber junior to Late Shri P.P. Rao from 2013-2017 and erstwhile ASG Hon’ble Justice P S Narasimha (Judge, Supreme Court of India) from October 2017-April 2018.
Swarnendu specialises in Civil Law, Constitutional Law, Insolvency Laws, Taxation Laws, Labour Law, Criminal Law and Arbitration and is a qualified Advocate-On-Record designated by the Supreme Court of India in March 2020. He has worked in many fields of law, and his experience of a decade extends to virtually all facets of litigation and arbitration. Swarnendu has extensive experience in both domestic and international jurisdictions. Swarnendu has extensively advised on debt recovery, insolvency, banking and financial issues, service matters, matters of constitutional importance and commercial and corporate disputes and real estate in various Courts all over India.
Swarnendu has been appearing as lead counsel before various Judicial and quasi–judicial forums, including Supreme Court, various High Courts, Income Tax Appellate Tribunal, Telecom Disputes Settlement and Appellate Tribunal (TDSAT), National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), etc. He has vast experience in senior briefing counsels and has assisted doyens of the bar in several matters of constitutional importance, including the entry tax matter (nine-judge bench).
He was a lead counsel for the workers before the Hon’ble NCLAT in Moserbaer, Jet Airways and Lakshmi Precision Screws. He had successfully argued these matters before the said forum against renowned senior advocates.
He was conferred with the “IBC Lawyer of the Year 2022” award at the LexTalk World Conference (Singapore – November 2022).
He has been selected as one of the experts for IBC and Arbitration for the Experts Column on the SCCOnline Blog. He has over 60 noted publications in the form of articles, blogs and chapters in renowned national and international journals/blogs/books.
Swarnendu office consists of 5 people
- Mr Chatterjee himself
- (Chamber Juniors)
- Deepakshi Garg (Adv)
- Megha Saha (Adv)
- Yashwardhan Singh (Adv)
- Sanjit. (Clerk)
- Assistant – Kunal Arya
The essential skills, according to Swarnendu, are:
It is a standard idea and thinking that service matter jurisprudence is accessible. As Mr Chatterjee said, nothing is easy, and it goes similarly for service matters, unlike any other field of law. Service / Job for a human being is correspondingly precious as his life. Livelihood depends on it. Consequently, it needs proper research, care and caution to present the case precisely and endeavour to get relief as much as possible.
Sometimes, the cases and the pain involved in disputes get onto you. Remember that one has to be opinionated as a lawyer and cannot get into the client’s shoes. It is essential to let the client know the possible outcome (in the fair opinion of the lawyer) of the case, even if it is negative. Some clients may go away, and some may not follow the path. However, your reputation will soar high, and you will be considered honest. Being a lawyer is not only about the money and billing you do, but it is also essential to advise correctly and try to sort out things, if possible, most quickly and effectively.
- Being patient
- Read the facts/papers well, including all documents and facts which could be crucial.
- Research the precedents based on the factual situation.
- Lastly, have your basic English and grammar in place.
- Sacrifice holidays/Sundays in the beginning and work hard and, if possible, for long hours without affecting health.
- Observe your senior and learn how he approaches the matter and their presentation skills.
The vast experience of Mr Chaterjee is shown below as an illustrative list handled him is as below:
Insolvency Process of Essar Projects (India) Limited (EPCC) And Bhartiya Defence India Limited (BDIL)
- Insolvency Resolution Process of Jet Airways (India) Private Limited
- Jindal Welding Precision Private Limited
- Trade Union of Lakshmi Precision Screws Private Limited.
- Ex-Employees of Moserbaer Electronics Private Limited
- Advising Paragon Publishers and appearing for them as AoR and Counsel in a dispute related to Sec. 138 NI Act before Hon’ble Supreme Court and P&H High Court.
- Advising NICCO Corporation and NICCO Ventures (NICCO Group) and appearing for them in a matter related to share-purchase agreement and appeal against an arbitral award before Hon’ble Delhi High Court.
- GMV Global Ventures Pvt Limited (Jaideep Singh -Director)
- M/S NPK Buildcon Through Mr Varun Khanna: Currently advising and representing Mr Varun Khanna, partner of M/s NPK Buildcon, concerning a tender contract dispute with Rajasthan Tourism Development Corporation.
- Mr Amit Bharat Bhai Shah (Iron Merchant)
- Moserbaer Karmchari Union
- Nahar Finance Private Limited
- ISKCON
- MMTC – Dhanraj Mahto
- Employment Dispute/Service Matter of Rathin Ghosh (Exec. Engineer WBSEDCL
- Juhie (India) Private Limited
Final, conclusive phrase of Mr Chatterjee
My only advice is that litigation is not a One-Day match. It takes time to flourish. Hence, as I said, one needs patience, and the ability to work hard and research well. One should read about law, literature and the works of great advocates (like MC Setalvad, PP Rao, Shanti Bhushan, FS Nariman and so on).
- Concentrate on writing research papers, and hone your skills so that the ability to write and bring out argumentative skills emanate from within.
- Further, avoid getting dissuaded by the common understanding that a particular branch of law pays well and others do not. With time, this profession rewards you with all laurels and honours.
- Lastly, do not go by the clock. Learn to work hard and long, when required and try to advise clients after that and adequately leave it to them for their decision, meaning do not try to make money when according to you, the case has no merit. Even if it has 1% merit, you can go for it.
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