Tribute To Senior Advocate Mr. S.K. Dholakia

A simple, humble and kind human, and brilliant soft-spoken lawyer was lost on afternoon of 26.08.2021. Legal fraternity admired the brilliance and simplicity of Mr. S.K. Dholakia. Fondly called Shishirbhai by many, Mr. Dholakia always had a smile on his face and calmness even in his submissions.

Mr. Dholakia was not only a great human being, but also a highly accomplished professional and a Senior Advocate designated by the Delhi High Court in 1984. He specialized in arbitration, commercial and tax laws and had an experience of more than 50 years. He was also a part of the expert committee constituted by the Law Commission of India which prepared the 246th Law Commission Report, which ultimately paved way for 2015 Amendment to the Arbitration and Conciliation Act, 1996.

During the hearing of a very complex tax law matter before a bench headed by former Chief Justice late Mr. Kapadia, the lawyers present were struggling to respond to the queries posed by the bench. A very soft and a gentle voice came from behind. It was Mr. Dholakia, who simplified the issue for the bench and answered the query just as the bench was expecting. Hearing him out, Justice Kapadia exclaimed "Oh! Mr. Dholakia is here, we need not worry about this issue!" Needless to say, his compassionate approach towards everything in life defined his conduct even in Court.

He was offered judgeship twice, once in 1983 for Gujarat High Court and later in 1985 for Delhi High Court. While he considered it to be a great honor, he declined both offers as he felt that retirement at 62 years of age was too early and he wanted to serve this profession much longer. He also expressed his desire that the retirement age should be extended if more lawyers are expected to join the bench.

Interestingly, Mr. Dholakia became a lawyer by accident as before practicing law, he was serving Air India as an Administrative Officer for a few years. But soon he realized that job was not meant for him and he resigned from his post to take up litigation. He always said that the initial years of his practice were difficult and he had to work very hard to make his mark, which took him several years as he specialized in commercial matters, tax law, and arbitration.

He believed that there is no dearth of opportunity in this world, but what one needs is that they should be ready to seize it as and when it comes knocking on their door. He always followed a formula of learning the various commercial laws ahead of time so that whenever an opportunity comes he never has to say no.

Apart from being a champion of tax law, Mr. Dholakia was a leading authority on Arbitration. He had great faith in it as a dispute resolution mechanism and dreamt of India becoming a hub of this alternative system of resolution. He wanted to see a special forum comprising experts in the fields of corporate law and taxation to deal with arbitrations that must be settled within a specified time frame. He believed that India had this potential, particularly when he became a member of the ICC International Court of Arbitration.

Shishirbhai was not just an accomplished lawyer, but also an education enthusiast. He headed the Gujarat Education Society (GES) at one point of time and had been on its governing body for the longest time. The GES established Sardar Patel Vidyalaya (SPV) in 1958 which is now one of the best schools in Delhi. Both GES and SPV consulted him often for his expert legal guidance. This reminds equal contribution of his better half Yaminiben, who was always a source of inspiration to him and Gujarati community in Delhi and was actively involved in all the cultural activities. Yaminiben use to read news at Doordarshan for many years. All known to both of them speak very highly about the couple as the most simple, soft spoken, loving and kind couple, who loved music.

Mr. Dholakia's life and work balance will remain an example to be ever loving, ever giving, and to be always kind. His calmness in courtroom is an inspiration that one can litigate successfully without being aggressive. He is survived by two daughters and a son, Mr. Ashish Dholakia, who is a Senior Advocate.