Law Centre -II

SUBJECT : MOOT COURT, MOCK TRIAL

AND INTERNSHIP

INTERNSHIP DIARY – COURT VISIT

SUBMITTED BY:
Vishesh Deepak

CLASS ROLL NO. 177553

SECTION-G, SEMESTER V

Law Centre-II
EXAM ROLL No : 172753
 INTERNSHIP DETAILS:

NAME OF THE LAWYER – Advocate Sanjay Gupta

District
Court,Faidabad,Tis
Hazari Court, Delhi High
Court,Haryana and
Punjab High Court

CHAMBER – 508,5th floor,chamber building,district

Court,Faridabad

DURATION OF INTERNSHIP – 1st July, 2019 to 1st August, 2019

 DECLARATION

This declaration is made on 20th NOVEMBER,2019 at Delhi that

this internship report has been prepared and drafted by me under the

supervision of Mr. Sanjay Gupta, Chamber no.508,5th

floor,chamber building,district court,sector-12,faridabad. It contains

the work accomplished by me which was assigned to me during

internship. This work was done in respect of the partial fulfillment

of the requirement for the award of degree of LL.B. This has not

been submitted either in whole or in part to any other Law

University or affiliated Institute under University, recognized by the

Bar Council of India for the award of any law degree or diploma

within the territories of India.

Dated: 20th November,2019

VISHESH DEEPAK, Roll No. 177553

Section – G, 3rd Year, 5th Semester
Law Centre-II, Exam roll
no. 172753
 ACKNOWLEDGEMENT

I, Vishesh Deepak, owe this moment of great satisfaction with a deep sense
of gratitude and indebtedness to Advocate Sanjay Gupta, for his constant
guidance and support. I am thankful to him for his invaluable teachings,
guidance, advice given to me, for helping me in exploring and understanding
the basics and fundamentals of legal processes better.

I also pay my sincere regards to the clerks and office staff of Advocate
Sanjay Gupta’s Office for always being helpful and supportive to me as an
intern in order to facilitate the efficient completion of tasks assigned.
 CERTIFICATE

The document attached herein are the true copy of the certificate

received by me in lieu of the work undertaken during the course

of my internship and the drafts prepared by me for the drafting

purposes.

Dated: 20th November, 2019 Vishesh Deepak

Roll No. 177553

Section - G

3rd Year, 5th Semester

Law Centre-II

Exam roll no. 172753

 INTRODUCTION

Law is a field wherein practical knowledge is absolutely different from what

we learn in books. Through books and our lengthy syllabi of each semester,
we are taught both the substantive law as well as the procedural law.
However, what we are taught in the classrooms is totally different from what
we see in the court. No matter how well-versed you are in studies and how
well you score in exams, practical training is essential to gain a foothold in
this career.

The term internship refers to a stage / phase during which an individual gets
the opportunity to experience his / her industry of interest before entering
into it full time and opting for it as his / her future career field. They are
ideal for understanding the way a particular industry functions and what it
would be like to work in that scenario.

Probably because of the above-mentioned reason, it is seen that almost all

professional courses have included a semester of compulsory internships in
their course curriculum.

I got the chance for learning the procedure of a law firm and other legal
process during the months from July, 2019 to August 2019, when I was
given the golden opportunity of working with Advocate Sanjay Gupta.

I, as an intern personally felt that it was great to see how my textbook

knowledge applied to real world situations. I experienced how the legal
department functions on a daily basis, rather than just reading or hearing
about it. The real world situation was completely different from the
knowledge we gain from textbooks. There were certain minute procedures
that aren’t mentioned anywhere and they could be learnt only by first-hand
experience. Moreover, such a close interaction with the real situation helped
me decide better, as to what are the possible options and avenues that can be
pursued by me in the future and the implications of each are.

This Internship has helped me to acquaint myself better with respect to the
field of law. It has provided me with:

 Work Experience - Most students who graduate or pass out fresh from
College do not have any valuable on-the-job experience to show on
their resumes. Working as an intern provides a student with some
valuable work experience.
 Understanding of the field - The fieldwork to be undertaken and the
possible avenues the field of law holds for a student’s future.
 Increase in knowledge- All the research work done on various
different topics assigned helped expand the diversity and detail of my
knowledge which is very important as a law student.
 Developing useful skills (communication, writing and researching,
etc.) and gaining valuable exposure.
 PART A

FACTUAL AND ANALYTICAL

INFORMATION ABOUT THE

INTERNSHIP

INTERNSHIP REPORT FROM 1st OF JULY, 2019 TILL

1st OF AUGUST, 2019

JULY 2019

DAY 1

I started my internship under Adv. Sanjay Gupta’s office from 1st July,2019.Sir
immediately asked the interns to join him in client counselling, where I witnessed
the client narrating the problems while sir incessantly took down notes. The client
had come in connection with a property dispute between her and her sister. The
sister had passed away while the matter was still pending before the Punjab and
Haryana High Court and had allegedly left a will which the client wanted to
contest. Sir advised the client to file a petition of probate and on application for
temporary injunction to restrain other claimants of the deceased’s property from
taking away any of her movable assets

OBSERVATIONS

The counseling session offered an interesting insight into the expectations of client
who wants to opt for litigation as a solution to the dispute. The client seemed to be
hostile to the idea of an amicable settlement and appeared to be using the property
dispute to intimidate the other claimants and gain an upper hand. However, Sir
tried his best to convince the client to reach a mutually agreeable solution since
both parties were known to him through family connections. But in the end, Sir
agreed to take up the case.
 DAY 2

Visit to Tis Hazari Court(Delhi). The interns accompanied Sir to Tis Hazari as
Sir’s case was listed here. We observed the structure of the court. It consists of 56
courts and various branches like the Delhi Legal Aid Services (DLAS) office,
Mediation Centre (3RD floor), the Nazarat Branch (1st floor) that is the Process
Serving Agency and is primarily responsible for the delivery / execution of various
processes issued by the courts at the Tis Hazari and receiving processes from other
districts/ states, the Civil Record Room and Criminal Record Room and the
Copying Agency (3rd floor) among others.

We also managed to meet a Naib Court and enquire about his duties and functions.
He is a police employee and serves as a link between the court and the police. He
described himself as a “daak – peon” or some sort of a postman – cum- peon and
explained that he takes the court summons / notice to the police station under
whose jurisdiction the accused / witness resides and brings the copy of the FIR and
the other documents from the police station to the court. Therefore, he acts as a
very important intermediary in the issue of process in criminal cases.

DAY 3

We reached DISTRICT COURT, FARIDABAD the next day. We first had to go to

the courtroom of a Session’s Judge to see if a witness in one of the Cases was
present. The room was crowded and asking around was futile. We were then
informed by another advocate present that we could gather our information by
looking at the Naib Court’s diary. He is supposed to maintain the record of every
witness’ appearance or non-appearance and has to call out witnesses who are present
to take the stand before the judge.

We then proceeded to obtain a certified copy of a divorce decree. To do so, one has
to fill a ‘Civil Certified Copy Form’, got it signed by the Advocate and party
concerned, pay the fees requisite and submit it at the determined counter at the
Facilitation Centre on the ground floor. A certified copy signifies that it is the true
copy of the concerned document as is present in the record of the court. It has to be
specified if the application is ordinary or urgent. The application also has to state
whether the copy is required for private use or otherwise since the fee for the latter is
higher.

DAY 4

Since it was Saturday, the day was spent at the office by going through case files.
We observed that at the beginning of every case file, an ‘Urgent Application’ had
been filed. The application has a fixed formed and contains space where the urgency/
reasons for filing the application is to be noted. However, it was left blank in every
application we encountered. When we asked the associates at the office, they told us
that had they not filed the said application the first hearing in every case would have
been scheduled at least two years after the filing of the suit. Therefore, they resorted
to the tactic to expedite the process of litigation.

We were also given information about ‘Vakalatnama’. Its format is quite similar to
that of a Power of Attorney. It authorizes the pleader appearing for a litigant do
several acts as an agent and consequently bind the litigant, who is the principal. It
specifies the scope of delegated authority and the terms and conditions of such
delegation. The Vakalatnama is affixed on the last page of the plaint or written
statement.
 DAY 5

Was assigned the task of briefing of the paper book for the matter
titled
CBI VS. A.MURUGUN AND ORS.

DAY 6

We reached District Court,Faridabad around lunch to obtain further information, this

time regarding the issue of process. The Alhmed at the courtroom of the same
Sessions Judge as the previous day. He told us that the procedure for issue of process
is markedly different in civil and criminal cases.

In civil cases, a Process Fee (PF) is to be paid for the issue of process to defendants,
witnesses or any other person required to be presented in the court by the party who
wants to summon the other party witness. It is also called FardTalwana. Such a party
is required to fill PF form.

The situation is different in criminal trial. The PF has to be paid only in non-
cognizable cases. The Alhmed maintains a diary of PF in all cases (civil & criminal)
except those of cognizable offences. In such matters, the police are tasked with
delivering the summons to the accused or witnesses. Simultaneously, the Alhmed has
to send the investigating officer of a case a notice to appear before the court.

Day 7, 8 and 9

On 7th day I was given research work which was to be submitted after 2 days. The
topic was related to the converting of Section 326 of IPC to section 324 of IPC. I
found the research interesting but after 1.5 days I was stuck at one point and couldn’t
think how to work further. The second day I was helped by the senior associate in
every possible way and then I found that it is very important to approach and clear
the doubts as early as possible rather than lingering with the same research for days.
On 9th day I was asked to submit my research and I did. This made me realize that
how important the deadlines are and how one has to learn time management in this
field. . Both the days I worked for 4 hrs a day. I was not allowed to leave the office
before completing the work. I submitted my work on 9th day evening and was called
on 10th day to discuss the same. The research was little haphazard so I was asked to
organize it table wise so that it is easy for reference. I spent around 1 hr in organizing
the whole research.

DAY 11

Today, I went to the office of the Advocate and learnt about the substantial and
knitty-gritty methods to maintain an office of the Advocate.

DAY 12

On day 12, a client alleging Domestic Violence on her husband came to the office
and I was asked to sit with the associates to discuss the case. I heard everything
carefully and was asked to prepare a brief of the meeting. Meeting lasted for around
3 hours and I and a co-intern prepared the case brief together. Next day I was asked
to draft a Domestic Violence Complaint u/s 12 of Protection of Women from
Domestic Violence Act, 2005. I was given a draft of the complaint and I made the
new DV according to that.

DAY 13

The 13th day was a light one. I visited the High court with my senior and witnessed
cases at random in various court rooms. I observed how the proceedings took place
in different cases. I sat in various single judge courtrooms in the High Court and
observed the behaviour of different judges as well as lawyers.

DAY 14

Was assigned the task to draft a revival of execution petition in

the Punjab and Haryana High Court, as the Respondents in the
matter titled M/s Actia India Ltd. vs. H.K.A. Agencies had
disregarded the settlement recorded by the Hon’ble Supreme
Court.
DAY 15

Was assigned to visit court to witness a case

CASE 1

Name of the case: SH. SUMIT MAHAJAN V SMT REKHA

Guardianship petition 48/2019

Current status: Pending

Subject matter: Petition for custody of minor child namely master Deepak
Saxena under section 25 of the Guardians and wards act,1980

FACTS OF THE CASE;: Petitioner husband and respondent wife were

married on 11.06.2012 and resided at Alampur,Faridabad.

Marriage was duly consummated and a male child named Deepak was
born on 19.04.2014 and is presently in the care and custody of the
respondent.

Respondent is a working lady and would return late in the evening from
her office in palwal,the baby was taken care by petitioner’s mother

The relations between the petitioner and the respondent were cordial but
the respondent started making unusual demands of expensive gifys
forcible despite knowing that the same was beyond the means of the
petitioner and his family.

The relatins between the petitioner and the respondent soon deteriorated
and it affected the harmony of the house too.

Partying with the office colleagues was a regular affair for the respondent
wife which annoyed the petitioner husband and family.

The respondent wife also demanded money for her paralytic father and
would spend that money on shopping instead.

On 19/04.2014 the respondent wife gave birth to a saon named Deepak at

shree ram hospital,Faridabad.

The whole family of the petitioner including him took good care of the
respondent and the baby. The respondent joined back her office and
master Deepak was taken care of by petitioner husband and his family.
On 23.09.2016 the respondent took master Deepak to her parental
home.she did not allow the petitioner to meet his son Deepak despite
numerous efforts by him.

Petitioner being worried about his son’s proper upbringing,education and

health ,filed this application in the Hon’ble court for his custody.

DAY 16

CASE 2(DELHI HC)

RAMESH KAPUR V. RAVNEET SINGH &ORS.

FACTS OF THE CASE; Here, the daughter of the Petitioner committed suicide within

one year of her marriage due to demand of dowry and other hassles and troubles
created by her in-laws and husband in her matrimonial home. The Respondents have
been granted Anticipatory Bail by the Hon’ble HighCourt and no proper
investigation to reveal the hidden story and the culprits behind this crime is being
conducted and hence, this writ petition by the Petitioner.

STATUS: This case is still at initial stage as the writ petition has been filed before few

days in the High Court of delhi and the proceedings are still to be initiated

DAY 17

This day was spent in the office of the Advocate and I read the case files. The facts
of the case are produced below along with their present status

CASE 3(FARIDABAD DISTRICT COURT)

ADARSH V SIRAT BAKSHI

FACTS OF THE CASE: Plantiff had examined 2 witnesses in its evidenc

defendant had examined one witness in her defence and defence evidence closed
on 11.02.2018.
 Plantiff proved the on record sale deed exhibit to prove the ownership of the suit
property.

Defendant took the defence that the documents do nt pertain to the suit properly
but she has not led any defence in rebuttal to prove the same.

Plantiff filed this application to summon the official records from the office of
town planning department and house tax department for identification of the suit
properly being same as reflected in the titile documents of the same sale deed
exhibit.

DAY 18

Today I was present in the courtroom to witness Examination-in-Chief as well as

Cross examination.

Examination-in-Chief

COURT: DISTRICT COURT,FARIDABAD

The client in the case was prepared completely and was made to go through
the case files thoroughly a day prior to the date of hearing in Court.

However, when the Counsel for the client was about to begin the
Examination-in-Chief, the Ld. Metropolitan Magistrate interrupted the
Counsel and began asking the client question of his own accord.

This made the client nervous and he fumbled tremendously. The client was
thus, unable to put forward his case effectively before the Court which
weakened his stance in the case.

I did not get the chance to observe how an examination-in-chief is actually

conducted due to this. However, I was privy to all the processes that happen
in preparation for it.
Cross examination

COURT: DISTRICT COURT,FARIDABAD

The witness in the case shifted from his earlier statement made under
Section 164 of the CrPC, 1973 to the Ld. Magistrate and was declared a
hostile witness.

The Counsel for the client was allowed to cross-examine the hostile witness
by virtue of Section 154 of the Indian Evidence Act, 1872.

Demeanour of the Counsel:

 The Counsel was confident yetrespectful.

 Counsel was notrude.
 The Counsel questioned the hostile witness on the discrepancy
between the two statements made by her and then went onto to
question her on the basis of the fresh statement made incourt.
 Questions put forth by the Counsel were to the point straightforward,
closed ended and leading. They did not allow for the hostile witness
to explain his stance or deviate from the questionasked.
 The Counsel maintained steady eye contact and an even toned voice
while questioning the hostilewitness.

DAY 19

Did not visit the court but worked with Adv Sanjay. We were tasked with drafting a
Will for sh K.K SINGH
DAY 20

CASE 4

SMT JANKI V SH. PRAKASH SINGH

Current status: Pending

Subject matter: Application on behalf of the judgement debtor for cancellation of

warrant of arrest issued against judgement debtor vie order dated 23.02.2019

Facts of the case: The judgement debtor could nt reach on the first call as he had to
visit the indian bank for opening of new account as his earlier accounts were
inoperative.

The counsel for the judgement debtor asked for a pass over nut the Hon’ble court
declined the same and issued a warrant against him and adjourned the matter

The judgement debtor could not,unintenyionally and not deliberately appear before
the Hon’ble court on the first call due to the same above mentioned reason.

Therefore the judgement debtor applied for the cancellation of the warrant of arrest
against him in the interest of justice.

DAY 21

CASE 5
RAHIMALI V. B.S.E.S.

SUIT FOR DECLARATION AND PERMANENT INJUNCTION UNDER

SECTION37/38 SPECIFIC RELIEF ACT, 1963.

FACTS OF THE CASE :In the said case the electricity bill for the theft was raised
by B.S.E.S. against the plaintiff.

The plaintiff challenged the said bill as illegal and inappropriate by way of the said
suit and prayed for the declaration of the said bill as null and void and grant of the
injunction praying therein that the defendant should be restrained from
disconnecting the electricity during the pendency of thesuit.

Notice was issued on the said suit to the defendant who after filing its written
statement made a proposal to report for sending the case to the LOK ADALAT to
the Hon’ble Court.

OBSERVATIONS:

The plaintiff agreed to the said proposal and the matter was sent to LokAdalat for
next hearing i.e. on 13/7/13, where it was settled subject to payment of 50% of the
amount of the bill raised by the defendants.

PART-B
LEGAL DOCUMENTS
1. Bail Application
2. Suit for Defamation

IN THE COURT OF SH. INDERJEET SINGH. LD. ADDITONAL SESSIONS

JUDGE-03 (SOUTH), SAKET DISTRICT COURTS, NEW DELHI

CRL.BAIL APPL. NO. OF 2019

IN THE MATTER OF
BS
V.
STATE
(in J.C.) F.I.R. No. 588/12
P.S.:- Mehrauli
N.D.O.H- 29.01.2019

APPLICATION ON BEHALF OF SH. BAKSHISH SINGH UNDER SECTION 439

OF THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING INTERIM BAIL

IN FIR NO. 497 DATED 17.11.2012 REGISTERED UNDER OFFENCES U/S 302,

307, 147, 148, 325, 342, 365, 368, 395, 397, 449, 450, 452, 120-B/34 OF THE INDIAN

PENAL CODE, 1860 AND 25/27/54/59 ARMS ACT, 1959.

MOST RESPECTFULLY SHOWETH:

1. That the present application is being filed under Section 439 of the Code of
Criminal Procedure, seeking directions from this Hon’ble Court to release the
Applicant on interim bail in FIR No. 497 dated 17.11.2012 registered under
offences U/S 302, 307, 147, 148, 325, 342, 365, 368, 395, 397, 449, 450, 452,
120-B/34 Of the Indian Penal Code, 1860 And 25, 27/54/59 Arms Act, 1959.

2. The Applicant/ Accused No. 17 was granted interim bail for the first time by
this Hon’ble Court vide order dated 20.12.2014 for a period of 10 days,
subject to his furnishing personal bond and surety bond and on the condition
that he will surrender within the stipulated time. Copy of the order dated
20.12.2014 is annexed herewith as Annexure-1.

3. It is pertinent to mention herein that vide order dated 20.12.2014 this Hon’ble
Court while granting interim bail to the Applicant observed that since the wife
of the Applicant had to undergo a surgery of her uterus, it was necessary for
the Applicant, being the husband, to be around his wife.

4. It is respectfully submitted that the Applicant herein filed a 2 ndapplication for

grant of interim bail which was rejected by this Hon’ble Court vide order
dated 22.12.2015. Copy of the order dated 22.12.2015 is annexed herewith as
Annexure-2.
5. It is submitted that the wife of the Applicant, Smt. RK has been suffering
from Hepatitis-C infection and after undergoing the pathological tests, has
been diagnosed with jaundice and has been advised medical treatment and
complete rest. Copy of the medical report dated 19.01.2016 of the Applicant’s
wife is annexed herewith as Annexure-3 and Copy of the medical certificate
is annexed as Annexure-4.

6. It is respectfully submitted that the Applicant’s wife wants to sell off the
property of the Applicant to one GS, S/o HS, as it is necessary and imperative
for the wife to sustain herself financially in the absence of the Applicant.
However, it is pertinent to mention herein that Applicant and his wife do not
have any children. The Applicant has one brother and one sister. The sister is
married and settled in Satarganj and the brother lives in Meerut. The parents
of the Applicant are very old and live away from the matrimonial home of the
Applicant. Copy of the details of the property of the Applicant intended to be
sold by the Applicant’s wife is annexed as Annexure-5.

7. It is respectfully submitted that in the underlying circumstances it is

imperative that the Applicant be released on interim bail as the Applicant’s
wife who needs utmost care and attention due to her severe health condition is
not in a position to complete the essential formalities to sell the
abovementioned property. It is further pertinent to mention herein that there is
no other family member who is willing and able to complete the legal
formalities relating to the abovementioned property, therefore it is not
possible for the Applicant to execute a POA in anyone’s favor. Copy of the
Aadhar Card of the Buyer is annexed as Annexure-6.

8. Hence, it is respectfully submitted that, since no person can substitute the role
of a husband it is imperative that the Applicant be granted interim Bail for a
period of 30 days as the Applicant’s wife needs immediate care, urgent
attention and proper treatment.

9. That the Applicant is ready to submit himself to any conditions, which this
Ld. Trial Court may impose to allay the fears of the Prosecution that the
Applicant may flee for justice or interfere with the investigation process.
 10. That the Applicant is a citizen of this country and is a permanent resident of
Udham Singh Nagar, Uttarakhand.

11. The Applicant was arrested on 07.03.2013 and was only released on interim
bail for the first time vide order dated 20.12.2014 passed by this Hon’ble
Court and had duly and willingly surrendered himself before the Jail
authorities on 01.01.2015. Thereafter, the Applicant herein filed a 2 nd
application for grant of interim bail which was rejected by this Hon’ble Court
vide order dated 22.12.2015.

12. It is therefore, humbly submitted that this Hon’ble court may direct/Order the
release of the Applicant on interim bail for a period of 30 days from the date
of release in FIR No. 588/2012, registered at Police Station Mehrauli, so that
the Applicant can look after his ailing wife and make necessary arrangements
for her health and well-being.

13. That the Applicant seeks the kind permission of this Ld. Trial Court to raise
such other or further grounds as may be available to him at the time of
hearing of the present application.

PRAYER

IT IS, THEREFORE, MOST RESPECTFULLY PRAYED BEFORE THIS LD.

TRIAL COURT THAT IN THE GIVEN FACTS AND CIRCUMSTANCES OF
THIS CASE, IT MAY, IN THE INTEREST OF JUSTICE, BE PLEASED TO:

a. Direct/Order the release of the Applicant on interim bail for a period of 30 days in
FIR No. 497/2012 U/s: 302, 307, 147, 148, 325, 342, 365, 368, 395, 397, 449,
450, 452, 120-B/34 of The Indian Penal Code, 1860 And 25, 27/54/59 Arms Act,
1959; and
b. Pass any other order(s) which this Hon'ble Court may deem fit and proper under
the facts and circumstances of this case;
 THROUGH
Counsel(s) for the Applicant
WW
Place: New Delhi
Date: ___.07.2019

IN THE COURT OF METROPOLITAN MAGISTRATE , TIS HAZARI AT NEW

DELHI (SUITNO. /2019)

IN THE MATTER OF

LT. COL. RAMAN SHARMA .................................................PLAINTIFF

VERSUS

MEENAKSHI & ANR...........................................................….....DEFENDANTS

SUIT FOR DEFAMATION UNDER SECTION 500, INDIAN PENAL CODE , 1860

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is serving in the Corps of Electronics & Mechanical

Engineers of the Indian Army as an Lieutenant Colonel in his present

posting. He enjoys a reputation of unblemished integrity and honest
throughout his professional career till date. In recognition of his services to
the Country the Plaintiff was awarded a special commendation from the
Chief of Army Staff in the year 2014. It will not be out of place to mention
here that considering ability and integrity, the Plaintiff is due to appear for
the promotion boardshortly.

2. That the Defendant No. 1 is well acquainted with the Petitioner through

common friends since 2003 as the wife of Defendant No. 2 (Lt. Col
AveekDey) who was also enrolled with the Petitioner during Degree
Engineering Course. It is a matter of fact that since the inception of marriage
between Defendant No. 1 and Defendant No. 2 there were frequent fights
which often lead to physical abuse as well. It was during this difficult period
in the life of Defendant No. 1 that the Petitioner along with his wife
sympathised with Defendant No. 1’s difficulty. However, the frequent fights
led to divorce between the two Defendants. It was during this time that the
Petitioner under the instruction and company of his wife decided to provide
mental and moral support to Defendant No.1.

3. That during this period the Defendant No. 1 had approached the Petitioner

and his wife to help the Defendant No. 1 financially. In view of the fact that
the Defendant No. 1 being a single mother with a young child, the
Petitioner’s wife never shirked from her duty as a friend and provided her
immense emotional and moral strength after the said divorce. During this
period, the Defendant No. 1 had urged Petitioner’s wife to accompany her to
several places under various personal grounds but due to prior commitments
had requested her husband i.e. the Petitioner to accompany the Defendant
No. 1,who in good faith and as a sincere sympathiser agreed to accompany
the said Defendant only pursuant to his wife’s instruction. It is without
saying during all this while, the Petitioner was absolutely unaware of the
Defendants sinister plans to defame and malign the reputation of
thePetitioner.
4. That the Defendant No. 1 under a figment of her imagination took up a fancy

for the Petitioner and made it known to the Petitioner that she wanted to
marry him which could be accomplished only if the Petitioner divorced his
legally wedded wife.

5. That the Petitioner was shocked at such treaties and unacceptable

exhortations by Defendant No. 1, to which the Petitioner raised serious

objection and refused to any of the frivolous demands made by the
Defendants. On such refusaland objection, the Defendants threatened the
Petitioner with dire consequence and threatened to ruin and damage his
reputation by implicating his name in sexual harassment case. The
Defendant No. 1 also made an illegal demand of Rs. 20, 00, 000/- (Rupees
Twenty Lakhs) from the Plaintiff.

6. That under these circumstances, the Petitioner and his wife discontinued any

social contact or interactions to protect their family and their marriage. It is

apparent that the Defendant No. 1 post this incident was determined to hurt,
and harm the public image and reputation of the Petitioner as well as his
professional career.

7. That sometime in the first week of July, 2019 the Defendant No. 1 along

with her Husband Lt. Col AveekDey i.e. Defendant No. 2, circulated an
audio recording on social media and Whatsapp to the Petitioner’s colleague
and common friends containing certain disparaging and damaging
statements against the Petitioner. It will not be out of place to mention here
that this was never accidental but an evil conspiracy to lower the Petitioner’s
prestige. A true copy of the recordings has been annexed herewith as
Annexure1.

8. That it is a matter of fact that even after the purported divorce the Defendant

No. 1 has been in constant touch with her former husband i.e. Defendant No.
2and hence, have been plotting schemes to malign the Petitioner and create
impediments in his professional and personallife.

9. That the said audio recording was circulated to extract money from the
 Petitioner as both the Defendant No. 1 and Defendant No. 2 are aware of the
Petitioner’s social setup. The Defendant No. 1 had also made such
defamatory speech public amongst his colleagues and friends knowing very
well that the Petitioner is due forpromotion.

10. That it will not be out of place to mention here that the Defendants’ sinister

conspiracy endeavoured to lower the Petitioner’s prestige in the eyes of the

colleagues and friends in the Indian Army and neighbourhood by falsely
projecting him as a man of poor character and have given all members of
society/community an opportunity to raise an eye/ object on the Petitioner’s
reputation and public image. Thus the acts of the Defendants have caused
the Petitioner’s character assassination and said false statements have
tarnished the good name of thePetitioner.

11. That it seems that the Defendants deliberately and knowingly with a malign

intentiontoattack/tarnishtheimageofthePlaintiffmadethesaidfrivolousand
12. That the Defendants have made false and baseless allegations/imputation

and gestures in public only with an intent to defame the Petitioner and hurt
his integrity therein causing great mental, social, spiritual, and professional
loss to the Petitioner for which the Defendants are responsible and liable to
pay damages to thePlaintiff.

13. That for the reasons disclosed above and for the words, representations,

imputations and gestures made and imputed/gestures by both the Defendants

in public, they are responsible for hurting, blackmailing and harming the
Petitioner’s reputation. Thus, the Defendants are liable to be prosecuted and
punished for the offence of defamation with imminent legalaction.

14. The persistent conduct of the defendant in the past allows the reasonable

apprehension that they shall continue dispatching tarnishing messages to all

and sundry to humiliate and bring further odium to the plaintiff. It is in these
circumstances that the urgent intervention of this Hon’ble Court isimplored.

15. That the cause of action arose on 16.07.2019 when the Defendant No.

1proposed the Plaintiff for marriage. The cause of action arose in June,2019
 when the defendants circulated audio recordings on Whatsapp to the
Petitioner’s colleague and common friends containing certain disparaging
and damaging statements against the Petitioner thereby causing immense
damage to the reputation and goodwill of the plaintiffs and lowered their
image in the eyes of the recipients of the impugned e-mail and numerous
others. The cause of action further arose on demanding payment of Rs. 20,
00, 000/- (Rupees Twenty Lakh) from the plaintiff with the intention to
extort money from the Plaintiff. The cause of action thus is continuing
andsubsisting.

16. That for the purpose of pecuniary jurisdiction and / or relief of damages the

Suit is valued at Rs. 20,00,100/- (Rupees Twenty Lakh One Hundred Only),
on which the ad-valorem court fees of Rs. 80,004/- (Eighty Thousand Four
Only)is affixed. For the relief of permanent injunction the relief is valued at
Rs.5000/- on which the court fees of Rs. 500/- is affixed. Thus, a total court
fee of Rs. 83000/- (Rupees Eighty Three Thousand Only) has been affixed.
This Hon’ble Court has the pecuniary jurisdiction to try and adjudicate the
present plaint. Any further court fees payable in respect of any punitive
damages awarded shall be paid as required.
17. That the Plaintiff and the Defendants have a place of permanent residence in

New Delhi. The plaintiffs and a number of the other recipients of the
impugned audio recordings dated July, 2019 are located in Delhi, thus the
reputation and goodwill of the plaintiff is, amongst other places, severely
affected in Delhi. The Plaintiff and the Defendants both have their place of
work in Delhi. A significant part of the cause of action has arisen in Delhi.
Hence, this Hon’ble Court has the territorial jurisdiction to entertain the
presentSuit.

18. That the suit is within the period of limitation as provided for by the

Limitation Act. That no other or similar proceeding is filed or pending

before any other Court and the Plaintiff have no efficacious remedy but the
instant Suit. The Plaintiff reserves the right to present such additional facts,
documents and grounds as may come to their knowledge or possession
hereafter.
 19. That the instant petition is in the interest of justice and bonafide.

PRAYER

NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF

THECASE, THISHON’BLE COURT MAY BE PLEASED TO:-

a) Pass an order directing the Defendants to publish an unconditional apology in

any two of the National Daily Newspapers both in Delhi andKolkata;

b) Pass an order directing the Defendants to give an unconditional

apologythrough social media by circulating the said message on Whatsapp,

Facebook and any other social media site to the Petitioner, his colleague and
commonfriends;

c) Pass a decree/ order/ direction thereby awarding damages of Rs. 4, 00,

000/- (Rupees Four Lakhs) against the defendant in favour of the Plaintiff
towardsloss of reputation and goodwill and donate the same to the Bangla
SahibGurudwara, Connaught Place for the obnoxious acts done by
theDefendants;

d) Pass a decree / order / direction thereby awarding punitive damages

againstthe defendant in favour of the plaintiffs as deemed fit by this Hon’ble

Court, and /or;

e) Cost of the suit be awarded to the Plaintiff, and /or;

f) Any other relief that this Hon’ble Court deems fit in the facts
andcircumstances of the case, in favour of the Plaintiff and against
theDefendant/s.
PLAINTIFF

VERIFICATION:

It is verified at New Delhi on this the Seventeenth day of July, 2019 that the
contents of paragraphs one to fifteen of the plaint are true and correct to the best of
our knowledge as well as based on information derived from the records of the
Plaintiff maintained in the ordinary course of business and what is stated in
paragraphs sixteen to nineteen is based upon information received and believed to
be true by us. Last Paragraph is the prayer to this Hon’ble Court.

PLAINTIFF

DELHI FILEDTHROUGH

(COUNSEL FOR PLAINTIFF)

DATED: 17.07.2019