giBS

Centre for Legal Studies

Gitarattan International Business School
Student Notice
Ref: GIBS/ADM/STU/21-22/022 Date: 18.09.2021

Internal Moot Court Activity

BBA LL.B & BA LL.B (Semester-3)

All the students of BALLB and BBALLB of semester 3 are hereby informed that they all are required to
prepare for Internal Moot Court Activity as given below and may consult their Coordinators.

Date of Submission FACULTY

Date of Presentation Class
(Individual Memorial) COORDINATOR
BBALLB-3 Mr. Prashant Kr. Tiwari
16th October 2021 19th October 2021
BALLB-3 Ms. Chippy G. Krishnan

GUIDELINES
All Students are required to prepare Individual Memorials from both the side and one Group Memorial
as a Team, on any problem given below, Presenting as Plaintiff or Defendant as the case may be.
Students may consult their assigned coordinators for resolution of their queries.

Rules:
1. Teams Consisting of 6 students will be divided as plaintiff and defendant containing 3 students each where two
would be mooters and one will be designated as researcher. (But for internal session all three students will be
dealing with issues and argue the case).
2. Both Plaintiff and Defendant shall be given the opportunity to argue and present their case for 30 min and 15
min for Rebuttals will be given to them.
3. Any extension of time beyond the specified period shall be subject to the discretion of the judges.
4. The division of time between the speakers is the discretion of the team members, subject to a maximum of 10
minutes for one speaker.
5. Before the commencement of the each round, each team shall indicate to the ‘court officer’ as to how they
wish to allocate their time.
6. At the End of the Moot Court Presentation there will be Question Round where judges will be asking the
questions from the Team.

Evaluation Criteria
12 marks for Each To be Submitted and evaluated by
Memorial Submission(Individual Memorial) A1
Student coordinator
12 marks for each To be Submitted to coordinator
Group memorial Submission A2
Speaker and evaluated by Judges
Given during the Moot Court
Presentation (Oral Pleading)A3 6 marks
Presentation by Judges
Total 30 Marks
A1: Individual Memorial (12 Marks);A2: Group Memorial= (12 Marks) = (Judge 1+Judge 2)/2;A3: Presentation= (6 Marks) = (Judge 1+Judge 2)/2;
Total: 30 Marks

Director
 MOOT PROBLEM -1

1. Mr. Gulmohar is the managing director of M/s Gulmohar Enterprises. M/s Gulmohar
Enterprises is registered in Delhi, India and its head office is also located in Delhi. M/s
Gulmohar Enterprises manufactures vintage cars for its elite customers.

2. Mr. Iqbal is one of the old customers of M/s Gulmohar Enterprises and he is based out of
Kolkata. He owns various cars which have been purchased from M/s Gulmohar Enterprises on
previous occasions. He has his own manufacturing unit in Kolkata wherein he manufactures
water bottles.

3. At 11:00 a.m. on Friday, September 1, 2017, Mr Gulmohar sent a telex to Mr. Iqbal offering
to him TRQ model, a luxury vintage car, at an introductory price of Rs. 35,00,000/-.

Mr. Iqbal, upon reading the telex, immediately accepted the offer of Mr. Gulmohar at 11:25
a.m. the same day. The telex was received by Mr. Gulmohar and was duly read by him.

4. At 1:00 p.m. on Tuesday, September 5, 2017, Mr. Jain visited Mr. Gulmohar in his office in
Delhi. Mr. Jain, who is also one of the old customers of Mr. Gulmohar, wanted to buy a
vintage car for his son. He saw the TRQ model parked in front of Mr. Gulmohar’s office and
was highly fascinated by the same. He offered a sum of Rs. 55,00,000/- for the car. Mr.
Gulmohar readily accepted the offer of Mr. Jain and sold the TRQ model to him.

5. Mr. Iqbal came to Delhi on September 6, 2017 and visited Mr. Gulmohar’s office to pay the
consideration amount and take the delivery of the car. However, Mr. Gulmohar informed Mr.
Iqbal that the TRQ model has been sold to Mr. Jain since the contract was not yet concluded
between Mr. Gulmohar and Mr. Iqbal.

6. Mr. Iqbal went back to Kolkata and filed a suit against Mr. Gulmohar for breach of contract in
the Kolkata Courts.

7. One of the contentions of Mr. Gulmohar was that the Kolkata courts did not have the
jurisdiction to try the case. Further, he also contended that there was no concluded contract
between Mr. Gulmohar and Mr. Iqbal.

Prepare Memorial from both the sides with reference to the decided cases and relevant
provisions of the Indian Contract Act, 1872.
 Moot Problem-2
1. Kajal, a renowned film star of sixteen years, wanted a small Party house and a swimming pool
constructed in her back garden. By misrepresenting that she is a major, she put the task out to
tender and accepted the offer of Mr. Ajay, a building contractor, who agreed to do the work for
Rs.5,00,000/-.
2. Both Kajal and Ajay knew that this was an unrealistically low price contract and the amount will
be paid in instalments in order of the completion of different phases of the assigned work. Ajay,
having completed the small party house began construction of the swimming pool and ran out of
money and materials for further construction. Ajay told Kajal that he could not complete the
construction unless further capital was made available to him.
3. Kajal had arranged a poolside party to which she had invited top film directors from whom she
hoped to win new leading roles and was desperate to have the pool completed as stipulated. She
requested for the continuance of the construction work and further requested Mr. Ajay to spend
the remaining amount of Rs. 3,00,000/- on the work out of his own pocket and the money would
be paid to him when she secures her next contract.
4. The pool was completed; the party was a success and Kajal was awarded the starring role in the
new movie. Kajal tells Mr. Ajay, you have saved my career. Don’t worry about Rs. 3,00,000/-.
5. Mr. Ajay started a new project, whereas Kajal’s new film was a complete flop. She then found
herself unable to pay the amount of Rs.3,00,000/- to Mr. Ajay.
6. Mr. Ajay compelled Kajal, a leading film actor, to renderdance performance in his party which
he organized to invite rich people, relatives and friends in order to secure contracts regarding
building construction, etc. and in return he agreed to release Kajal from paying the debts of
Rs.3,00,000/-. Kajal agreed on this point and was ready for the dance performance in the party.
But before the party, she suffered from a sprain due to over repetition of rehearsals. Then she
did not perform in Mr. Ajay’s party on the advice of the doctor.
7. On Kajal’s eighteenth birthday, both the parties, on the humanity ground, decided to alter the
contract. Kajal acknowledged the debt taken from Mr. Ajay for rendering the past services and
further both agreed on the same point that Kajal would pay the debt through easy monthly
instalments (EMIs) of Rs.10,000/- per month till the repayment of the amount of Rs.3,00,000/-.
8. Kajal, later on, felt that some of the work done by Mr. Ajay was not performed as she had
specified. She further pointed out that the material used for constructing the small party house
and a swimming pool was not of the right kind. She estimated that this would cost her
Rs.3,50,000/- only.
9. Kajal then decided to dispose-off her property at the price of Rs.9,00,000/- without giving a
single penny to Ajay. When all this foul play came to the knowledge of Ajay, he tried to restrain
Kajal by putting enormous pressure in order to recover his money amounting to Rs.3,00,000/-
which he spent on the construction of small party house and a swimming pool for Kajal.
10. Ajay could not recover the debt from Kajal even after a reasonably long time. He gave a notice
to Kajal regarding payment of money within 15 days but no reply was given by her on this
matter.
11. In this context, Ajay finally decided to go to the court for seeking remedy in this regard. The
suit was then filed by Ajay on the ground that he had constructed the small party house and a
swimming pool as per the terms of the contract and has taken all the diligent steps to recover the
loan made available to Kajal for Rs. 3,00,000/- but now she has refused to pay the said amount
and hence the present suit.
Frame issues and prepare Memorial from both the sides.