Is Law about Law in Court's battle?

Is Law all about Law ?

As a litigation lawyer, I always felt that, law is not always about law. Especially when one decides to appear personaly in diverse matters from family to divorce, GST & Customs, NDPS, IT Act, Civil, Commercial & Criminal, Cheque Bounce and Bankruptcy and Insolvency.

The proposition becomes more compounded again when these matters are at various levels of judiciary, district courts to High Courts, Tribunals, NCLT, RERA, NCLAT to Supreme Court.

The other day, in divorce matter at Delhi High Court where demand for settlement started from 1.2 crore plus Sitridhan, it was very clear that it's not about law.

What my client was in position to pay and what was the demand there was huge gap? At the same time client was not ready to get into prolonged litigation so we decided to approach the matter keeping aside law and pulled all our resources in action topped with negotiations skills learned in MBA days to politics.?

Finally the matter got resolved and the best part was that everyone involved in litigation left fully satisfied including the court. In family matters it becomes quite important in surcharged emotional atmosphere that one just doesn't win legally but also emotionly, because parting? always have to be at positive note, leaving behind all acrimony and fight.

The other day, I was caught at NCLAT, while representing hapless home buyers from Pune. At NCLT we won the case and insolvency started against the builder. But one of the suspended director of the corporate debtor, decided to challenge the matter in NCLAT.

After six months and many dates finally builder decided to come out with an offer of working day and night and handover the possession of flats in record six months time without any if and buts.

The court also seemed in favor of this proposal and wanted us to give a fair chance to builder for resolution going beyond the provisions of IBC and its jurisdiction.

The homebuyers also wanted to give it a honest try but the trust deficit between the two was huge as well as the track record of the builder.?

Now, the question was of balancing all these diverse factors, from law, court’s honest intent to emotion of home buyers and finally walking out of case with a "HOME".?

At this juncture, I decided to seek refuse in poetry and addressed the court by saying, Me Lord, I understand everything and every? effort but this court owes an answer to home buyers.....

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It moved the court but still the opposite counsel a thorough professional and senior designate was not yielding so I loffted another couplet directly addressing him that my dear friend...

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He was speechless and court moved to our plight. I must admit the opposite senior counsel was at his best using best of court crafts from psychology to invading personal space and even elbowing to physical touch to destabilize me in arguments.

The opposite party probably as a tactic kept on changing counsel on every date so it was too difficult to comprehend the approach of counsel and prepare accordingly. Before going into argument, I suggest through check on credentials of your clients, opposite councel, courts and judges apart from matter in hand.

I often visit court one day before matter and sit there whole day trying to understand the dynamics of that particular court, before my apperance next day in the same court and before the same judges.

Here, in this came, by the time I was comfortable with the court and judges, it became worse with the change of bench in the middle of matter. So, a new homework was done. Market was agog with lot of rumours about the extraordinary power of the builder. But I decided not to listen and moved ahead.

So being pretty unsure despite law begin in our favor and outsmart the other side and pull back the court to law side, as an strategy I also asked my friend Advocate Mohit Darad, AOR, Supreme Court to open the submission instead of me taking the lead and it worked too.

In this matter the opposite party begin cash rich so far fielded top guns of the industry including many senior designate and Ex Chief Justices of State High Courts & Chairman of Tribunals etc, Go Air Fame noted Advocates. But seems God is with homebuyers as it's about dream home and our hard earned money.?