III LL B Practical Training Drafting Exercises (45 marks)

VPM’s TMC Law College, Thane

III LL.B. Practical Training
Draft the following. Assume necessary facts. Writ petition should be drafted in English. Students have to
prepare the drafts in own handwriting in legal size paper; typesetting/ computer typing is not allowed. All
the pages will be pinned and submitted in the end of February 2020. Date for submission will be notified.
(1) Sale Deed: Parties - Nixon Co. Ltd – Sellor
Mr. Bambani Banur – Buyer

Sale Consideration: Rs. 200 crores

Property: Two floors office premises 40,000

sq.feet area in Mumbai

(2) Will: Testator: Mr. Premnath Sundar Patil, 68 yrs

Sons: Mahesh, Rajesh
Daughter: Karishma
Property: Two cars, jewels, shares, one flat,
Fixed Deposits.

(3) Gift Deed: Donor: Sou. Vijaya Deshmukh, 63 years

Donee: “Aayi” Vruddhashram, a registered
society with office in Thane
Subject matter: 1.6 acres of land in Thane

(4) Mortgage Deed: Mortgagor: Aruna Sekar Gaikwad

Mortgagee: HDFC Bank Ltd
(Mortgage on conditional sale)
Property: House
Loan amount: Rs. 50 lakhs

(5) Codicil: To the will drafted in Q. No. (2)

a) Change the executor
b) Bequeath the cash balance in SBI to
Mr. Patil’s Sister’s daughter Ms. Nirupama

(6) Special Power of Principal Mr. Sudhir Chavan

Attorney: Agent Mr. Mandhar Chavan
Purpose Registration of sale deed

Pleadings
1.Santosh Nimbalkar and others v University of Mumbai and others

Santosh Nimbalkar and five others are students enrolled for LL B 5yrs programme in affiliated law
colleges of the University. Worried about the fact that the BCI prescribed syllabus as per 2008 Legal
Education Rules has not been adopted by the University, the students represented to the University in
2017 August. Now they want to file a writ petition in the High Court of Bombay. Draft the writ petition.

2.Mr Prem Sood, a software engineer by profession is a bachelor of 32 years. Miss Hansika who is also
similarly qualified worked in the same department along with Prem in Cami Hi Tec Ltd., Mumbai. Both
had shifted to Mumbai with high dreams from different parts of India. They were sharing one flat on a
rental basis in Worli. Slowly they developed affection for each other and started a live-in relationship.
After 3 years in such relationship they separated with understanding due to some altercations.

In about 5 months after separation Prem Sood married a girl from Meerut as per liking and arrangement
of his parents. When Hansika came to know of the marriage, she quarrelled with him and demanded
money. Prem denied and ignored her. Hansika lodged a complaint with the police charging and alleging
that Prem raped her for 3 years when they were living together. Prem is arrested and he seeks bail. Draft
the bail application.

3. Shekar Marathe v VimlaMarathe

Shekar Marathe and Vimla Shinde met in a bank and were attracted to each other. Later they enrolled for
an Executive MBA programme of a reputed institute and studied together for a year. Both were already
employed and busy at work and yet successfully completed the course. Their intimacy grew leaps and
bounds that they decided to marry. Families of Vimla and Shekar met and finalized their marriage. The
marriage was solemnized in Thane with Hindu rites in 2018 and they live in Thane. Disputes arose when
Shekar’s family came to know more about the family of their daughter in law. In 2020 Shekar wishes to
file a petition for annulment of marriage on the ground that Vimla and her family had falsely represented
that they were high caste Hindus whereas in 1965 Vimla’s father’s family had changed surname from
Gaichor to Shinde by Gazette notification. Draft the petition

4.Purushottam Rao v Niwas School and others

Suraj Purushottam Rao, son of the plaintiff was a nine-year-old boy enrolled in the defendant school. On
2nd Nov 2018 afternoon in Ghatkopar the boy died after his head hit a hoarding that was dangling from an
electric pole of the BEST. Suraj was returning home from school in his school bus. He had stuck his head
out of the bus window and waived to his friends when his head hit the hoarding. The school bus had just
left the school to drop the students at their residences when this mishap occurred. The driver of the bus,
teachers and the Principal rushed the child to a nearby hospital with utmost care and speed. A lot of blood
had lost. The hospital declared that he was brought dead. The lady attendant of the bus was on leave on that
day; the bus had no grill on its windows to ensure safety of children. The school had a contract with SG
travels private ltd. for operating the school buses. The hoarding was put up by BEST after due permission.
Rao wants to sue the school, S G Travels and BEST. Draft the Plaint.

5.GOLA SOFT DRINKS COMPANY LTD. MUMBAI

VERSUS
BLUE GLASS COMPANY LTD. NOIDA

Mr. K KGola, )
Managing Director, )
Gola Soft Drink Co. Ltd )
Having it's reg. office at )
BKC, Mumbai. ).... Plaintiff
Versus
Mr. R. Abhinav )
Chief Executive Officer )
Blue Glass Co. Ltd. )
Having it's reg. office at )
Industrial Park, Noida,UP )... Defendant

Gola Soft Drink Ltd. is a registered Company under the Companies Act, 1956. This company is engaged
in manufacturing and selling different soft drinks in India. It has a registered office at Bandra Kurla
Complex Mumbai and manufacturing unit at Rabale, navi Mumbai comes under judicial jurisdiction of
Thane. This company has a presence and it's business in whole India. It supplies soft drinks to many other
companies in India. To pack such drinks, this company purchased glass and plastic bottles from Blue Glass
Limited. Blue Glass Ltd is also a registered company, under the Companies Act, 1956 and has it's registered
office at Noida, Uttar Pradesh and manufacturing unit at Noida. Gola Soft Drink Ltd. and Blue Glass Ltd
had entered into a contract about supplying empty plastic and glass bottles. This Contract was entered on
3rd July 2016. Managing Director Mr. K K Gola for Gola Soft Drinks Company Ltd and Mr. R. Abinav,
CEO of Blue Glass Company Ltd. were the signatory of the Contract. This contract was made for five years
from the date of it's execution. As per this contract, Blue Glass Company has to provide bottles with the
name and logo of Soft Drink Company. The contract is silent on the point of invoking jurisdiction in case
of any dispute.
The one clause of the contract was, Blue Glass Company would take the transport till warehouse of Blue
Company situated in Kasara, MIDC Nashik and from there Gola Soft Drink Company Ltd can carry it's
order, with or without scrutiny, inspection, verification at their liberty.
Gola Soft Drinks Co. Ltd. ordered 35 lakh plastic bottles and 15 lakh glass bottles in the month of February
2018. All bottles are 2.5 Ltr in size. Blue Glass Company charged Rs. 3 for per plastic bottle and Rs. 4.5
for per glass bottles. Gola Soft Drinks Co. Ltd has already paid Rs.17,250,500/- in two installments. First
installment was paid when the order was given in February 2018. Another installment was given after taking
delivery on 25th March 2018. In this order from Blue Glass Limited, Gola Soft Drink Ltd. found (in it's
own unit) almost 1% glass bottles in damaged condition and not fit to be used for packing soft drinks. The
number of damaged bottles was 15000 only. Due to such damaged bottles, Gola Soft Drinks Ltd had to bear
losses as well as face litigations from one of other company i. e. M/S Smart Distributor Ltd. to whom they
needed to supply Soft Drinks in time.
Gola Soft Drinks Ltd. sells its product in Rs. 50 to other companies and further they sell to consumers.
Because of damaged glass bottles Gola Soft Drinks company Ltd not only lost Rs. 67,500 as the cost of
bottles already paid to Blue Glass Companies and but also lost its potential sale of Rs. 50 per bottle, that
total 7.5 Lakh.
At the same time M/S Smart Distributor company, to whom Gola Soft Drinks Co. Ltd. Supply goods asked
Rs.3 Lakh as damages as they also lost potential sale for not receiving a supply of Soft Drinks from Gola
Soft Drinks Co. Ltd.
Gola Soft Drinks Co. Ltd. therefore asked Rs. 67500+750000+300000= 11,17500/- as damages from Blue
Glass Co. Ltd, through legal notice issued on 2nd April 2018. However Blue Glass Co. Ltd. replied on 21st
April 2018 and clarified that such minor damages could have happened in transportation, which are
ignorable or also such damage could have happened while handling the bottles by Soft Drinks Ltd and
hence no question of damages arise. Also Blue Glass Company Ltd. reminded the liberty of inspection that
was available to Gola Soft Drink Company Ltd. The issue of damaged bottles was raised almost after 7
days of delivery from Kasara warehouse.
Therefore, in August 2018 Gola Soft Drink Ltd intends to initiate a civil action against Blue Glass Ltd
seeking damages of Rs. 11,17500/- with interest of 36% per annum from the date of notice till the
realization. Draft the plaint

6. Draft the written statement for the defendant in the above case in Q No 5.

7. Draft a criminal complaint to be filed under S.138 of N I Act. Complainant is Mr Anil Khan. The
complaint is in respect of cheque of Bank of Baroda for Rs 83,530/ issued by Mr Mallick Fernandes.

8. a) Draft a promissory note. Amount: Rs 2,00,000/

b) Prayer clause in a suit for injunction

9. Draft an affidavit to be filed with the plaint in the Q No 5.