LAW CENTRE - II

F AC U L T Y O F L AW , U N I
VERSITY OF DELHI

L B – 502 , M O O T C O U R T , M O C K T R I A L A N D I N T E R
NSHIP

I N T E R N S H I PD I A R
Y

Presented
 by Himanshu
Kala
Class Roll No.
177665 Exam Roll
No 172240
 Table of Content
S.NO. PARTICULARS PAGE

1. Introduction

2. Internship Duties

3. PART A – Internship Certificate

4. PART B -
Facts and Analysis of the Internship

5. PART C -
Legal Documents drafted during
internship

1
Part A: Internship Certificate
 INTRODUCTION
Name of the Lawyer – Ankur Sood, Advocate on Record, Supreme Court of
India

Areas of Practice – Civil and criminal litigation (before Courts and Tribunals
in Delhi), legal advisory, drafting Commercial Agreements, Advising on
Corporate Transactions, Securities law.

Empanelled with: Delhi High Court Legal Services Committee, Indian Oil
Corporation Ltd., EPF Organisation

Courts of Practice – The Hon’ble Supreme Court of India and the Hon’ble
High Court of Delhi, the National Company Law Tribunal, National Company
Law Appellate Tribunal

Office – A19, Pamposh Enclave, Greater Kailash, New Delhi, Delhi 110048

Duration of Internship – 15th July, 2019 till 15th August, 2019

Duration specified in Diary – 15th July, 2019 till 15th August, 2019
I, Himanshu Kala, a third year student at Law Centre - II, Faculty of Law,
University of Delhi, interned under Mr. Ankur Sood, Advocate on Record,
Supreme Court of India, for a period of 4 weeks in July and August, 2019.

I interned after the summer break and thus got ample opportunity to
observe the court proceedings and to learn the intricacies involved therein.
The office staff consisted of Mr. Ankur Sood, along with two other
associates, onw file clerks, and an office boy.

Mr. Ankur Sood is an Advocate on Record, Supreme Court and has been
practicing in the Supreme Court and Delhi High Court for more than 15
years.

The work allotted to me included research work on case laws, reading case
files, assisting associates in drafting and visiting the court proceedings in
Supreme Court and High Court.

This diary is divided into two parts, wherein part 1 is the day-wise summary
of the internship and my experience and observations therein and part 2
consists of documents which I assisted in drafting during the internship
period.

I would like to express my heartfelt gratitude to Advocate Mr. Ankur Sood

under whose aegis and guidance, I was able to gain a very enriching
internship experience. His constant help and encouragement helped me gain
great insights into the practical workings of the field and further understand
and improve upon the art of legal drafting and research. His guidance made
this a great learning and important experience for future professional
development.

I would also like to thank Advocate Mr. Ankush Bhardwaj who works in the
capacity of an associate with Mr. Sood and also happen to be my college
senior his guidance as mentor and friend have always helped me learn not
only law but how to calmly deal with a stressful station that you face while
working as an advocate. It was a delight to see his journey from the Moot
court hall to the Hon’ble High Court.
 INTERNSHIP DUTIES:
RESEARCH: Research constitutes an important aspect of any internship
whether it is a law firm or a court internship. Hence one needs to be well
acquainted with various legal research tools, the prominent being
Manupatra, Lexis Nexis, Westlaw etc.

DRAFTING: Drafting skills require lots of hard work and patience. One
needs to be well versed with the various drafting specimens and formatting
skills in order to undertake and complete such assignments properly. Apart
from these, assignments may include proof reading of various legal
documents, observance of court proceedings, making notes on various legal
issues etc. and other task depending on the nature of the internship.

DAILY INTERNSHIP DUTIES:

1. Supporting the lawyers that come into the office and program.
Sitting in on meetings, briefings and appointments and offering
required assistance.

2. Organizing list of dates, chronology and case synopsis.

3. Reading any suggested law related materials for my own benefit.

4. Interacting to various lawyers in our office.

5. Research on judgments that are related to facts of cases.

 PART B - DAY WISE SUMMARY
15th July 2019, Monday
I had been asked to report to the office at 9:30 am sharp on my first day and
I reached half an hour in advance. I was asked to give a short introduction
and was explained some basic rules which I was supposed to adhere to,
after which everyone left to attend the matters in the Court. I was told that
Monday and Friday, being miscellaneous days in the Supreme Court,
interns weren’t allowed in the Court rooms on these two days of the week.
Mr. Ankush Bardwaj an associate of sirs and my super senior from college
was asked to mentor me through the internship which would help me learn
the ropes faster.

Sir assigned a case file to read for which the reply had to be framed. The
office was stacked up with huge piles of files and an array of law books lined
the shelves. There were three desktops available for all kinds of legal
research.

I was eager to get my Court Pass made which would allow me entry into the
Court Rooms but since Mr. Sood had a busy day, the same couldn’t be done
on the first day. After Sir returned for lunch to the office, he asked if I could
understand the issues involved in the case which he had assigned me to
read and if I could help with the drafting of the reply to the same.
Intimidated at first, I hesitated but Sir gauged my nervousness and
explained to me in brief the facts of the case and asked me to read the same
again. The case related to the vacation of injunction and having read it as a
part of my curriculum in CPC, I could identify the core issues once the facts
were made clear to me. By the time, I had completed reading the file, noting
the list of dates and making notes it was already 4:30 and I was asked to
leave and to work on the assigned task from the next day. I was also
instructed to carry a photocopy of my student identity card for the process
of making of the Court Pass.
Observations:

The first day of internship left me with a lot of expectations since I was
assigned a significant task on the first day itself. Though the first half of the
day was quite uneventful since I could not appreciate the task of reading up
of case files and I found it too boring, the same feeling did not last post
lunch. Post lunch, after I was explained about the task at hand, I realised
that without thoroughly reading the case files, it is impossible to grasp the
core issues. Reading up the case file itself allowed me to learn about some
aspects of the court procedure too. I got the opportunity to see basic legal
documents such as the Vakalatnama as well and understood the particular
order in which the documents are arranged in a case file. I had taken a
considerable amount of time to read up the file and I hoped to be able to
read through the files without wasting much time the next time I am given
the task.

16th July 2019, Tuesday

On the second day of my internship, I was given three days time to prepare
a detailed brief in the case of Uttar Pradesh Rajkiya Nirman Nigam Ltd.
(UPRNNL) Vs M/s C&C Construction Ltd. & Ors. The case pertained to a
contract between UPRNNL and M/s C&C Construction Ltd. for construction
of a Medical College Campus of Medical College, Almora. However, during
the existence of the said contract, a dispute arose. The said contract
included an ITB (information to Bidder) and a General contract clause. The
relevant clause of the GCC provided for selection of 3 arbitrators where as
the ITB included a provision for selection of a sole arbitrator. The instant
case relates to a dispute regarding how and by whom arbitration should be
carried out. During day 2 to 4 of my internship, I prepared a detailed draft of
the relevant terms and conditions of the said contract as well as the time
line of how the dispute had progressed and reached the current situation. I
also prepared a brief of the grounds which were taken by the petitioners for
filing a writ petition against the respondents.

17th July, Wednesday

Having submitted the brief to sir, I was called into his office to discuss the
case. Sir explained various legal issues involved in the case and took in out
from me regarding how I thought we should proceed with our arguments. I
was then asked to research cases which could be used by us in support of
our arguments. I carried out detailed research with the help of Manupatra
and SCC Online and came up with the following cases:-

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors (2002) 3 scc 572

In this case, the court held that:

1. No right to challenge award arises if composition of arbitral

tribunal or arbitral procedure is in accordance with the agreement
of parties even though the composition or procedure is in
accordance with the agreement of parties even though the
composition or procedure is in conflict with provisions of the
contract.
2. It was further held that unless an objection is before the tribunal
itself within the time prescribed under section 16(2), there would
be a deemed waiver under section 4.

Inox wind Ltd. V Thermocables Ltd. (2018) 2 SCC 519:

In this case, it was held that:

 1. Where there is a reference to a document in a contract and the
reference shows that the document was not intended to be
incorporated in entirety, then the reference will not make the
arbitration clause in the document a part of the contract unless
there is a special reference to the arbitration clause so as to make
it applicable.
2. In single contract cases, a general reference would be sufficient for
incorporation of an arbitration clause from a standard form of
contract. In cases falling under two-contract cases, a stricter rule
has to be followed by insisting on a special reference to the
arbitration clause from an earlier contract. (Reference to a
secondary document in a contract between two parties and
secondary document is a contract to which atleast one party is
different from the parties to the contract in question).
3. Russell on Arbitration: an arbitration clause in an earlier contract
cannot be incorporated by a general reference. The exception to
this rule is a reference to a standard form of contract by a trade
association or a professional institution in which case a general
reference would be sufficient for incorporation of an arbitration
clause.
4. Though a general reference to an earlier contract is not sufficient
for incorporation of an arbitration clause in the later contract, a
general reference to a standard form would be enough for
incorporation of the arbitration clause.

18th July, Thursday

I was allotted the task of drafting a criminal complaint under section 156(3)
of the Code of Criminal Procedure, 1973. The complaint invoked the
jurisdiction of Chief Metropolitan Magistrate of the Karkardooma District
Court under Section 156 (3) of the Cr. P.C to direct the concerned police
department to register FIR, investigate the matter properly and take
appropriate penal action against the accused persons who had been
harassing the daughter of the client with repeated demands for dowry and
subjecting her to cruelty which ultimately led to her death. The accused had
tried to give the incident colour of a suicide. Even after repeated requests,
the police officials deliberately and intentionally did not file the FIR and
without carrying out the investigation tried to hush up the matter by telling
the Complainant that the deceased had committed suicide. After this, I also
helped in the making of the Index of the paper book in a certain matter
wherein I was asked to number the annexures and add the details
accordingly in the index.
Observations:

I had learnt about the concepts contained in Cr.P.C regarding filing of First
Information Report as a part of our curriculum. We had learnt that if Police
officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of
section 154(3), a written Complaint may be sent by Post to the
Superintendent of Police or the Commissioner of Police (in Metropolitan
areas); and the copy of said Complaint may also be sent to the office of the
Chief Justice of the concerned High Court of the State. If Superintendent of
Police or the Commissioner of Police (in Metropolitan areas) is satisfied that
the Complaint discloses cognizable offence, he may himself investigate the
case or cause the investigation of the case by any Police officer subordinate
to him. A written Complaint in the form of a Letter may be made to the
concerned Judicial / Metropolitan Magistrate, and the Magistrate is
empowered to take cognizance of the said letter complaint by virtue of
section 190 of CrPC, 1973. However, the Magistrate concerned is at
discretion to act or not to act on the said Letter Complaint. An Application
can be made u/s 156(3) read with section 190 of CrPC, 1973, before the
Judicial Magistrate / Metropolitan Magistrate, thereby praying that Police to
register the FIR, Investigate the case and file the Report / Chargesheet
before him.

It was a great learning experience to see the actual machinery in motion

about which we had learnt. I realised how the solution to the problem of
refusal to register FIR, which is a common grievance of people, has already
been given in the law. It’s only a matter of right guidance and advice and
once a person is aware of his legal rights and these remedies available to
them, these grievances can be reduced to a great extent.

19th July 2019, Friday

I accompanied an associate to Karkardooma Court for a matter related to

withdrawal of a petition under Domestic Violence Act since the parties had
agreed for a mutual divorce. However, since the Judge (Metropolitan
Magistrate) was on leave, we had to return after taking the next date. Since
the parties had settled for a mutual divorce, the petition under the Domestic
Violence Act had to be withdrawn before the Divorce Petition could be filed.
Thus, we requested for an early date so that the proceedings are withdrawn
before the matter for the Divorce Petition comes up for hearing. The
Associate helped me to understand how the cause lists are to be read and
also asked me to check for the cause lists online. Since this was my first
visit to the District Court at this internship, I took some time to observe the
court rooms and the premises of the whole building. I saw the Mediation
Centre too and the office of the Delhi State Legal Aid Authority, for
Karkardooma and Shahdara District which is also located in the
Karkardooma Court building.
Observations:

I observed that the court rooms were not as systematic and organised as the
High Court and the Supreme Court as one would expect. Moreover, the
proceedings seemed quite informal. Judges, were mostly inaudible, due to
the din always surrounding the court rooms. The lawyers and even the
judges talk in both, Hindi and English and have interactions with the
litigant as well in several cases. The cause lists are pinned outside the court
rooms, stating the name of the judge, his designation and the matters listed
for the day. A person in the courtroom keeps announcing the matter
numbers and the parties come forward. Each matter, on an average takes 3-
4 minutes and presumably a judge hears 30-40 matters in a day.

20th July 2019, Saturday

Sir usually doesn’t come to the office on Saturdays until evening when it is
time for briefing lawyers to come for meetings. Interns could come a little
late on Saturdays and I reached the office at about 11 am. Since I had been
working on the drafting of the reply I assumed the same task after I reached
there. I began the work on the para wise reply and took down the doubts
which I had so that I may clear them when Sir would be available.

Further, post lunch, I asked the clerk who seemed to be very adept at
drafting and well aware of all the intricacies of the Court formalities, to
teach me basics of drafting. He gave me a case file pertaining to a Special
Leave Petition and explained the format of the same. I took notes and helped
him with the drafting of the grounds in a Special Leave Petition that he was
busy drafting.
Observations:

The day was quite uneventful but I observed the deep understanding of the
court room procedure and formalities which the clerks in a lawyer’s
chamber develop. I realised that even the best of advocates are dependent
upon these people and without them, it will be a very challenging task for
the advocates to smoothly operate. The clerks are issued an identity card
which allows them to attend the Registry on a regular basis and authorises
them to go for filing of cases and to undertake other such work on the behalf
of the Advocate. Since, I had to learn drafting in my course curriculum in
the same semester, I was happy to get an idea about the drafting of Special
Leave Petitions which I knew, would be of great help to me in future.

22nd July 2019, Monday

Since interns are not allowed in Supreme Court on Mondays and Fridays, I
was asked to accompany an Associate to The Armed Forces Tribunal,
Principal Bench. There, I got in touch with how documents are filed in the
filing section and how the Principle Registry Court works. I was also given
the task of handling the files and noting down the next date of hearing for
matters that were listed. This made me realize that one should not be
unwilling to undertake tasks that might seem menial and small as
understanding how things work at the ground levelis very imperative for a
young lawyer.

I attended the proceedings for the following cases:

Zala Manhar Singh v Union of India

Facts: This case pertains to questioning the validity of administrative action

of discharge from service by the competent authority, where a court
martial for the same has not been conducted. Though Rule 14 of the
Army Rules provides for a situation where a trial by Court Martial
becomes inexpedient or impracticable and yet, there exists adequate
material which cannot be ignored, then the competent authority
would be within its rights to arrive at the decision for administratively
terminating the service of the delinquent whose retention is
undesirable. Here, the ground for discharge from service was
appellant’s alleged involvement in a riot, which he has clearly denied.

Observation:

The respondents had yet not filed their written statements in reply to the
petition, even after seeking time for the same on previous occasions, and
sought more time for filing the same. The bench gave ear to the continuous
inconvenience caused to the petitioner due to the delay on the respondent’s
part as he had been coming to the court for every hearing with the same
result. The bench come down hard on the respondents and asked them to
file the written statement by a certain date or have the case go down in the
favour of the petitioner.

23rd July 2019, Tuesday

Since there were no matters in any court today, I was asked to report
directly to the office.

The senior counsel asked me to research on the Sexual Harassment at

Workplace (Prevention, Prohibition and Redressal)Act, 2013, focusing on
Section 2(a), which defines ‘aggrieved woman’, Section 2(f), which defines
‘employee’, Section 2(g), which defines ‘employer’, Section 2(n), which defines
‘Sexual Harassment’, Section 2(o), which defines ‘Workplace’. This was in
regards to an SLP where the question of law involved adjudging whether the
‘Notional Extension of Workplace’ theory could be applied to the
aforementioned Act as well, while deciding whether a case falls under the
Act.

I was also asked to find relevant cases and that talked about the ‘Notional
Extension of Workplace’ theory and prepare a brief report on the same. After
researching for the same on SCC and Manupatra, I came up with the
following cases:

1. The New India Assurance Company v Tmt.S.Jayanthi

2. Regional Director, E.S.I Corpn. v Francis De Costa And Anr,

3. Mackinnon Mackenzie & Co. Pvt. Ltd v Ibrahim Mahommed Issak,

4. Employees' State Insurance Corporation v. Francis De Costa

5. National Insurance Co. Ltd. v. Suman Devi and another

6. Superintending Engineer, Tamil Nadu Electricity Board and another v.

Sankupathy

7. B.E.S.T Undertaking v Agnes

8. New India Assurance Co. Ltd. vs Ujjala Debbath And Ors.

9. Smt. Rohini Shamrao Burud vs Hindustan Petroleum Corporation

10. Smt. Durgabai And Others vs The Employees' State Insurance ... on 7
February, 2001

24th July 2019, Wednesday

Since it was an unusually slow day at work, I had not been assigned any
specific work for the day and I helped the clerk in the drafting of several
documents and helping in the proofreading of the drafts already prepared.
Today I also drafted a Will the facts of which were given to me by one of the
associate. Proofreading though is a tedious and boring task yet one could
not overlook its significance since even seemingly minor errors may lead to
unnecessary delay in the proceedings and much embarrassment for the
advocate, especially before the Apex Court. I was asked to leave early as
there was not much work to do.
Observations:

It was quite an uneventful day since there was hardly any work for me. I
realised that not every day in this profession could be as interesting as it
appears to be. Once you understand the process, the procedural
technicalities seem mundane. However, I understood the importance of
being very accurate and meticulous while drafting any legal document.
Attention to detail is the key and efficient lawyers are particular that even
minor errors may not creep in the drafts. Minor errors may also become
reasons for much embarrassment in Court and nothing spoils the
impression of a lawyer than a badly drafted case. Especially in the Higher
Courts, Judges can be extremely particular about these things which often
seem trivial to us.
26th July 2019, Thursday

I was asked to research on Sec 125 of Code of Criminal Procedure which

provides for the Order of Maintenance of wives, children and parents. Since I
had a fair idea of the provision, having read about the same as a part of our
family law curriculum, I found this to be rather easy. I took the help of the
books that were available and also looked up on the internet. Sir had asked
me for some cases which could support our stand and for the same, I
researched using Manupatra. Having a fair experience of research, I had no
difficulty finding cases from legal search engines. I tried different
combinations and phrases and without much difficulty found some relevant
cases. I took down their citations and made briefs of the same and compiled
that as a document for ready reference whenever it was needed.

Thereafter, I was made to sit in a client meeting involving a simple matter of

Domestic Violence. Since, I had not read the file at that time, I only had to
observe and take notes.
Observations:

I had the opportunity to strengthen my research skills but the problem given
to me was fairly simple and I had no difficulty in finding straight case laws
available on the point. It didn’t take me much time and effort to figure out
the correct position of law.

Attending the process of client interviewing was a new experience for me. I
observed how the lawyers have to interact with the client. This being a
privileged communication, the professional ethics that have to be followed
can be learnt only by observing these things in practice. The client interview
is the very first step and this is how the lawyer starts to works on a problem
from the very grass root level. Interacting with a client is an important part
of being a lawyer. I was also explained how one should use different ways to
extract the information from the client like asking probing questions while at
the same time making the client comfortable. Moreover, making the most
feasible case strategy depending on the facts of the case is very important.

27th July 2019, Friday

I was given a list of cases pertaining to Pension Provisions and was asked to
prepare case briefs. The same had to be used by the associate while
attending to a matter relating to the denial of Pension to a client.

Further, I also helped another Associate in the drafting of a consumer

complaint relating to a matter of fraud by a construction company which
had duped the clients and fled away after taking money from them. The
company after taking huge amounts of money from several clients and after
making false assurances and promises about timely delivery of possession
had disappeared and even after repeated attempts by the clients to contact
them, there was no response from their side. I was asked to draft a legal
notice for the same and then work on the draft of the consumer complaint
as well. The case file was to be prepared and I was asked to note down the
details of the photocopies of the Memorandum of Understanding, the
receipts of the payments, the copies of the cheques and the cheque
numbers, the brochures of the company, the copies of F.I.R., if the same
had been filed by the client which were to be attached as annexures with the
consumer complaint. Also, any email correspondence which took place
between the client and the company was to be traced and the copies of the
same to be attached to establish how false assurances were repeatedly given
by the company to dupe the clients.

Later that day, Sir asked me about my experience of attending the Court
proceedings and asked me to sum up the arguments which I had observed. I
had taken copious notes of the same and presented the same before her.
Impressed by my keen interest in the issue, he asked me to attend the
matter regularly and to submit at the end of the internship an analysis of
the issue.

Observations:

I learnt the art of drafting a consumer complaint and how the several
exhibits have to be attached and how the case file is prepared. Case files
need to be maintained in proper order. It will become an extremely difficult
task to work on any matter if the relevant documents and papers regarding
the same are not in order, thus, a lawyer needs to be very organised and
meticulous. In the midst of hundreds of files in the Chamber, it can get very
confusing and thus sequencing of documents within individual file folders
has to be done systematically. Things like the any correspondence or the
Court records have to be in reverse chronological order and the individual
case files have to be arranged alphabetically for ease of access. Record
Management is yet another skill which a lawyer needs to excel in, in order to
operate smoothly in the field.

29th July 2019, Monday

This being a Monday, a miscellaneous day at the Supreme Court, I was

expecting another boring day in the office itself. However, I was asked to
accompany the clerk while he went to the Filing Counter for filing of a
matter. Interns though not allowed in the Court Rooms, can get the entry in
the Supreme Court premises and be there for the tasks such as of filing of
the matters. The files were tied properly and the clerk made sure that all the
things were in order complete with two copies of the Index of the Paperbook.
I was explained that every main case, interlocutory application,
miscellaneous application or other documents had to be presented by the
party in-person or by his duly authorised agent or by his advocate-on-record
at the Filing Counter during working hours and wherever necessary, had to
be accompanied by the documents required under the Rules of the Court.

The Assistant at the Filing Counter identifies the person filing the case on
production of identity card in case of advocate on-record, advocate
authorized in that behalf or his registered clerk or on identification through
any permissible identification card in respect of a party in-person; and then
enters in the computer complete description of the first petitioner/
applicant/appellant and first respondent/non-applicant and names of their
advocate. Further, in case of writ petition and transfer petition, details
through cause title and filing memo respectively are checked. It is also
checked if the Vakalatnama and affidavit are duly signed and executed or
not. Then a Diary Number is generated and the date of filing is stamped.
However, that is not all. If the case is found to be defective, the scrutiny
Assistant enters the defects in the computer and notifies them to enable the
advocate on-record or the party, as the case may be, to remove the defects
within a period of twenty eight days in aggregate. Defects may range from
non filing of proper and required number of paperbooks, non filing of the
brief list of dates/events, numbering of paragraphs and pages of paper
books and whether the same has been correctly noted in Index and may
even be related to the proper attestation and execution of the documents.
Observations:

I got the opportunity to observe the process of filing. Monday being the day
designated for Miscellaneous matters, the Court premises were unusually
crowded and there were lines at the filing counter. I observed that the work
of filing was done by the filing clerks mainly and hardly any advocate could
be seen in those lines. I saw some interns too who were present there to
observe and learn the process just like I was there. It seemed to be a difficult
task since all the people were in such hurry. There were some people
clueless about several procedural formalities and the Assistants at the
Counters were getting irritated as they had to explain the same in great
detail to them. There was a separate counter reserved only for Advocates
which was relatively free. I also learned that facility for E-Filing of the
matters is also there.

30th July 2019, Tuesday

I was asked to go to Patiala House Court and to file the process fee for the
process of fresh issue of summons to the opposite party in a matter relating
to dishonour of cheque under Negotiable Instruments Act. I was completely
lost since I had never been to Patiala House Court and there was no
associate accompanying me. Patiala House Courts Complex is also known
as New Delhi Courts Complex. It is housed in the erstwhile palace of
Maharaja of Patiala near India Gate and National Stadium. A small number
of criminal courts were earlier functioning at Parliament Street and they
were shifted to Patiala House in March 1977. Now-a-days Criminal Courts of
New Delhi, South and South-West district are housed in Patiala House.

I had to inquire from the Court master if there had been an order in the
matter, for filing of process fee and to inquire if the court fee filed was
deficient. Since the order had been passed only in the morning and the copy
of the same had not been printed when I reached, the Court master and also
the Ahlmad could not answer my queries. However, I took the process fee
form and called up an associate asking for help in order to fill the same.
Having filled the same, I went to complete the other formalities only to
return disappointed since the required formalities could not be completed by
us.

The Ahlmad explained the entire process to me. I was told that for the
purpose of summoning of the witnesses/other party, process fee form along
with process fee is to be deposited with the Ahlmad of the court. After the
court has ordered for service of the notice/summons through registered A/D
also, sufficiently stamped registered A/D envelopes along with number of
copies required for service are to be deposited with the Ahlmad within one
week of the order or within the time granted by the Court. Summons can
also be ordered to be issued through Courier/E-mail. Since these formalities
had not been completed by us, the process fee could not be filed on the day.

I came back to the Chamber after applying for the certified copy of the order
after completing all the requisite formalities.
Observations:

I saw the functioning of the Court and visited that Ahlmad Room for the first
time. Ahlmad is a person employed in an office or government agency who
performs various tasks such as keeping records or accounts, filing, letter
writing, or transcribing. One who works in a store and whose job might
include working as a cashier, selling merchandise, or waiting on customers.
I got to know the procedure for filing of process fee.

Also, I learnt the procedure for applying for certified copies of orders. The
application is to be filed in the prescribed form. There are different forms for
applying certified copies. Requisite fee has to be paid for the same which is
nominal. In case of urgent copy, if the same has been applied before 11’o
clock in the morning, it is generally prepared and supplied on the same day.
Other copies are supplied within 4-5 working days. As and when copies are
ready, one can collect the same from the delivery counter of the respective
Copying Agency. If there is any deficiency in the copying fees, the same is to
be deposited at the time of delivery. This was a day of great practical
learning.
31st July 2019, Wednesday

I was a little early and found the office to be locked. I called an associate up to ask
for the keys and the tasks that I was supposed to undertake. She asked me to take
the keys from the Guard Room which was on the ground floor. She then sent me
questions to research upon. I was asked to read up on Order XXI of the Code of
Civil Procedure, Rules 54, 58 and 59. Order 21 of the Code of Civil Procedure deals
with the execution of the decrees passed by the Courts from grassroots to the top.
Rule 54 deals with the attachment of immovable property. It provides that where
the property is immovable, the attachment shall be made by an order prohibiting
the judgment debtor from transferring or charging the property in any way, and all
persons from taking any benefit from such transfer or charge. Rule 58 provides for
the provisions relating to adjudication of claims to, or objections to attachment of,
property.

Observations:

I was only assigned research work and I completed the same and left early since
there was no major task assigned to me.

1st August 2019, Thursday

I was asked to research on Sections 74, 76 and 77 of the Indian Evidence Act. The
question dealt with the issue of proof of public documents in court. In the matter,
the Society registration certificate for the society hadn’t been filed and I was asked
to research on the issue that if such a situation arises where the original certificate
which is a public document, has not been filed, how could the registration of
society be proved. I found that a public document can always be proved by
production of certified copies prepared under Section 76 Evidence Act as provided
in Section 77 of the same Act and that a certified copy of a public document need
not have been proved by calling a witness. Sec 76 provides that every public officer
having the custody of a public document, which any person has a right to inspect,
shall give that person on demand a copy of it on payment of the legal fees therefore,
together with a certificate written at the foot of such copy that it is a true copy of
such document or part thereof, as the case may be and such copies so certified
shall be called certified copies and certified copies may be produced in proof of the
contents of the public documents or parts of the public documents of which they
purport to be copies as given under Sec 76. After that I accompanied an Associate
to Patiala House Court and observed some court proceedings relating to Negotiable
Instruments Act.
Observations:

It was a normal day with mainly research work for me. I was well versed with the
provisions of Indian Evidence Act and had no difficulty in finding out the relevant
case laws. The day at the Court was also usual. It was quite an uneventful day.

2nd August 2019, Friday

I took an off for the weekend as I had some urgent work back in Jaipur. For the
leave I had told sir a day in advance and dropped him a message regarding the
same before leaving.

3rd August 2019, Saturday

Was on leave.

5th August, Monday

I had to accompany an associate to the Saket District Court wherein a matter

related to eviction proceedings was listed. The petition had been filed under Sec
14(1) (e) of the Delhi Rent Control Act. The petitioner sought to evict the
Respondent from the premises of the Petitioner on the ground of bonafide
requirement. Notice had been served upon the Respondent and in response to the
same, he had prayed for the leave to defend. It had to be proved before the Court
that the relationship of landlord & tenant existed between the parties and that the
petitioner bonafide required the tenanted premises for himself or for any member of
his family dependent upon him. Leave to defend filed by the Respondent was
dismissed and the Judge decreed the eviction order in respect of the premises in
favour of the Petitioner.

Observations:

The Saket District Court, being the new court, is much cleaner as compared to
other district courts like the Tis Hazari court or Rohini Court. The matter that was
listed that day did not require the advocate to do anything. The judge merely
pronounced the order in brief. It was a very smooth proceeding.

6th August 2019, Tuesday

I was given a case file pertaining to a matter concerning the breach of the terms
and conditions of an agreement entered into between a contractor and a society for
the construction of the building of a hospital. Since most of the court documents
were in Hindi, I had a little difficulty in understanding several legal terms which
were used. We had to translate large parts of the orders which had been passed by
the lower courts. It was a matter listed before the Court of ADJ, Meerut and I was
asked to draft the reply to the First Appeal. I started work on the preliminary
objections. The preliminary objections related to issues such as deficient court fee
and lack of locus standi on the part of the society. It was alleged that the society
was not a registered society.

The Contractor in the present case had duped the Respondent by assuring him
about the construction of the hospital building on a land of which he did not even
hold the title. The Appellant was having no authority to give the land in dispute
either for rent or to carry on any construction work on the land in dispute. Even
after having knowledge of the same, he illegally had given the land and building on
lease to Respondent society. I read the case file properly and discussed with Sir
how the reply is to be framed and worked the entire day on the same.

Observations:

I had a new experience of learning some words of the Court procedure in Hindi. I
found it relatively more complex and had to spend some time looking up for exact
substitutes for many words. Since I had already drafted counter affidavits and
replies, this did not pose any major difficulty and I found myself at ease with the
basic draft. I left after completing the replies to the preliminary objections and
drafting the background of the facts of the case.

7th August 2019, Wednesday

Sir was in the office because of some urgent matter. I was told to continue with the
drafting of the reply of the case that I had begun with the previous day. I started
working on the reply to the grounds in the case. Also, a draft had to be prepared
urgently in the matter of dishonour of cheque. I prepared the draft for the suit
under Section 138 of the Negotiable Instruments Act for the recovery of the sum. I
asked the clerk about the format which has to be followed and the details of the
court before which the matter was listed. I also helped in the making of the paper
book in another matter which was to be filed on the coming Monday. By the time I
left, I had completed the draft of the recovery suit and the reply to some of the
grounds of the case.

Observations:
It was a usual day and I did several random tasks along with the preparation of
some drafts. I learnt a new draft and about the provisions of the Negotiable
Instruments Act.

8th August 2019, Thursday

I was alone in the Chamber when the clerk from the Supreme Court Registry came
to hand over the case file for curing of defects. He asked me to sign against the
details in the register which he had so as to show the receiving of the same. I
wasn’t very sure if I was authorised to sign or not but the clerk seemed to be in a
hurry and I reluctantly had to sign. Later, I was told by the clerk of the Chamber
that this was a normal process of the court and once the case is filed, the Registry
of Supreme Court verifies if the same is in proper order or not and if defects are
found to be present, the case file is sent back to the advocate’s chamber for
rectification. I saw the page that was attached on the top of the bundle of the case
file. It was the list of defects that had to be cured.

The entire day was spent in the correction of the defects. There was some
ambiguity with respect to certain defects that were mentioned and certain
documents were mentioned to be missing. I was asked to go to Sections XI and XVI
in the Supreme Court to clarify regarding the same.

Observations:

I had only been to the Court rooms and the filing counters in the Supreme Court
building till now. It was a novel experience to see the internal administrative wing
of the Apex court. There is a new block which has been constructed and certain
sections and offices are located there. The building is a beautiful piece of
architecture and having to run around from one section to the other, from the
Accounts office to the administrative office, I got a chance to explore the Supreme
Court premises.

9th August, Friday

I accompanied an Associate to the Patiala House Court in a matter concerning the

custody of two minor children. However, the judge was on leave and we had to
return after taking a future date. We also had to apply for certified copy of the order
which was passed in another matter and after filling the form for the same we left
for the office.

In the office, Sir was busy in a client meeting and I was asked to sit and observe
the process. The matter was related to commission of fraud by an advocate on an
old lady. The lady was illiterate and had been duped by an advocate who had taken
her signatures on a blank sheet of paper and then had formulated documents of
sale deed of her property on the same sheet. The lady even broke down a few times
while describing her ordeal. I observed how Sir calmly dealt with the lady and noted
down the relevant points which could help her case.

Observations:

This was a normal day and I wasn’t expecting much work. While attending the
client interviewing session, I realised how things can get awkward and
uncomfortable at times but the efficient advocate should know the art of dealing
with such things and make the client comfortable so that he/she may repose
complete faith in the advocate.

10th August 2019 Saturday

I was given another case file where an application for anticipatory bail under
Section 438, CrPc, 1973 was to be drafted. I was given a few days’ time to read the
case, make a brief on the events that took place and eventually draft the
application for grant of anticipatory bail. The case Suresh v State, pertained to a
situation where the applicant apprehended an arrest.

FACTS: The applicant has been married to his wife for a period of one year and also
have child from the marriage.A few months back, he found out that she was having
an extra-marital affair with a friend of hers. Though he was shocked, he chose to
forgive her for the sake of protecting their marriage and their child. However, she
refused to stop her illicit affair and even refused to seek divorce because the
husband was financially secure. She has constantly being asking the applicant for
money for her illicit activities, which the applicant eventually refused. She has been
threatening to file a fake case against him under Section 498-A IPC, in a bid to
falsely implicate him under the said offence unless he pays heed to her demands.
The wife is extremely violent and would go the extent of hurting herself physically
to weave a fake case against him. The applicant apprehends arrest on the same
and wants to apply for grant of an anticipatory bail in case of an arrest.

In the course of the day, I drafted the said application for grant anticipatory bail
under Section 438 CrPC, 1973.

12 August 2019, Monday

I was asked to report to the high court at 10:30 a.m. to attend the court hearings. I
attended the proceedings of the following case:

In the Hon’ble High Court of New Delhi

In the matter of: Ravneet Singh & Ors. V. State

FACTS:

A girl named Aastha Kapoor, wife of Appellant No.1 committed suicide

within one year of her marriage at her matrimonial home. Husband and in

laws of the deceased i.e the Appellants apprehended arrest by the police so,

filed anticipatory bail in lower court which was rejected and hence, this

appeal.

PROCEEDINGS:

This Hon’ble court earlier on various dates heard both the parties, called for

status report by the SHO concerned and kept granting anticipatory bail to the

Appellants till next date of hearing with a condition to cooperate in the

investigation. The father of the deceased was unhappy with the conduct of the

Hon’ble Court and represented his displeasure to the Court which was highly
admonished by the Court.

In the Hon’ble High Court of New Delhi

In the matter of: Kapil V. State

FACTS:

The Appellant was accused of raping a woman on the pretext of treating her

stomach by Reiki method. The Appellant was a man of 70 years of age, was

already in jail for more than two months. His bail application was rejected by

the lower court, hence this appeal.

PROCEEDINGS:
This Hon’ble Court after hearing the matter for hardly 5 minutes put it for next

hearing after two months. On request by the counsel of the Appellant for early

hearing of the Application, the matter was fixed for next hearing after 10 days.

After court hours, I was asked to draft a license agreement for an outhouse to be let
out by the owner.

13th August 2019, Tuesday

This was a Consumer case related to the deficiency of service against the
automobile company, its service centre and the insurance company.

Prima facie the jurisdiction was of Ballabgarh. But the client wanted to prosecute
the case in Delhi only.

Legal notice was sent to the respondents. And after making some clever
modification in the complaint one of the several cause of action showed to arise in
Delhi.

On the day when case was listed for admission before the Consumer Court sir very
cleverly argued only on the point that where cause of action was of Delhi. He also
showed the documents related to Delhi only. Presiding officer admitted the case
and issued process.

14th August 2019, Wednesday

As this was my last day at the internship I had to prepare a worksheet wherein I
had to write all the tasks which I had worked upon during the course of my
internship. Sir took some time to ask me some questions pertaining to the things
that I had learnt during the internship gave me feedback about my performance as
an intern and wished me luck.

Observations:

Though there wasn’t anything new that I had to work upon, I observed how Sir was
particular about assuring the confidentiality of the details of all the matters that I
had been working on or to which I had been exposed to during the period of my
internship. I was specifically asked to keep the details confidential and since some
of the cases that I had contributed to were listed for hearing in future, I was told to
be available for correspondence in case any need arises with respect to any
clarification about the work that was tendered by me. These I found to be the
marks of a careful and efficient professional. The work ethics of the profession have
to be followed with diligence and one has to be sincere to one’s client. The
communication between the advocate and the clients is privileged and the same
has to be respected at all costs. The client’s interests cannot be jeopardised
because of any casual approach towards these things. I along with the other
interns was asked to learn these aspects so that we may become efficient and
responsible professionals in the field.
 PART C - LEGAL DOCUMENTS DRAFTED
DURING THE INTERNSHIP
[Draft of the Letter written to the District Collector Hindon River Mills Case]

To:

Subject: Illegal and arbitrary demand raised by U.P. Power Crop. Ltd

Dear Sir/Ma’am-

1. We write this letter after being a victim of the arbitrary nature of the
UP Power Crop. hereinafter and after referred as U.P.P.C. Their
arbitrary nature is making it very difficult for us to repay the amount
due as per the directions given by the Hon’ble BIFR in the order
dated 08.08.2015 (Case No. 251/02 and 351/03). In the order dated
8.8.2005 the Hon’ble BIFR declared the Company Hindon River Mills
Ltd as a sick company under section 3 (1) (o) of the act and thus as
per the provisions of SICA section, 22 recoveries from a sick unit is
prohibited. Thus a solution to the problem of recovery was proposed
by the Hon’ble BIFR in the order 08.08.2015 (Case No. 251/02 and
351/03) Para 7.2 point (ii) the Hon’ble BIFR said:-

“Para 7.2 point No (ii) – The Company shall reconcile its dews with U.P.
Power Corp. And U.P. Power Corp. shall cooperate with the company to
crystallise the outstanding dews within one month.”

2. To abide by the order passed by the Hon’ble BIFR dated 08.08.2015

(Case No. 251/02 and 351/03) in order to pay the dews a ‘one time
statement scheme’ was introduced by the company and the “one time
settlement of electricity dews” was also communicated to the U.P.
Power Crop. Ltd. by means of letters.
3. M/s Hindon River Mills has never , Upon being notified by the U.P.P.C
regarding the outstanding amount, has always acted in good faith by
taking the following steps:-
 a) By paying the outstanding amount of Rs 24,90,240
towards the total outstanding amount. The same has also
been conveyed to them via letter dated 12.12.2013
b) We made good faith “One Time Settlement” OTS to
abide To abide by the order passed by the Hon’ble BIFR
dated 08.08.2015 (Case No. 251/02 and 351/03)
4. The OTS offer submitted to U.P.P.C by letter dated April 30, 2010
consisted of the following elements:-
a) In monthly instalments beginning from January 1,
2011 i.e. Moratorium of 8 months if proposal is approved
in May 2010
b) Each monthly installment will be of Rs. 23.90 Lacs
to be paid in the month starting from Jan. 2011 to June
2011 equally in six months period
c) UPPCL will tackle the issue of 10% recovery
charge with District Officials, if this issue arises in future.
Company will not be responsible for 10% recovery
charges of OTS amount and UPPCI will recall the
recovery proceedings.
d) To provide New Electricity connection in present
premises after the payment of 1 instalment.
5. In an unfortunate turn of events, The Hindon River Mills received a
notice dated 29.06.2013 demanding of the dew amount of Rs.
11702396/- the amount so requested is not only in violation of
section 22 of SICA but also in violation of the order of Hon’ble BIFR.
Also in the amount so requested has not been calculated after taking
into consideration the payment previously made.
6. The assets of the company are in symbolic possession of Kotek
Mahindra as per by the provision of SARFASI Act. as the same has
been mortgaged to avail loan service from the bank hence payment
via seal of assets is out of the question.
7. It must be also be noted that in the notice sent by the U.P.P.C dated
29.06.2013 the two units of Hindon River Mills are being treated as
separate entity which is a wrong interpretation as both being the
part of the same company.
8. Our Humble prayer to the honourable district collector is that. U.P.P.C
should first crystalize the amount dew.
9. This notice is without prejudice to any right and remedies that we
have against you. We reserve our right to initiate any appropriate
action against you, including but not limited to initiating civil and
criminal legal proceeding.
10. This notice is being issued without prejudice to my clients
rights and contention. A copy of this notice is being retained in my
office for record and ready reference.

Your sincerely,

Ankur Sood
 IN THE COURT OF SHRI MOHINDER VIRAT
DISTRICT JUDGE-SOUTH-EAST, SAKET, NEW DELHI

EXECTION PETITTION No. 166 0F 2019

IN
CIVIL SUIT No. 166 OF 2019
IN THE MATTER OF :-
Smt. Sangita Sen …DECREE HOLDER
VERSUS
Smt. Kajal Kumari …JUDGMENT DEBTOR

APPLICATION UNDER ORDER 12 RULE 6 OF THE CPC FOR JUDGMENT ON

ADMISSION OF FACTS BY THE DEFENDANT.

1. The accompanying suit is filed by the Plaintiffs for arrears of

rent in property bearing No. D-16, Upper Ground Floor
(front), Grater Kailash Enclave-I, New Delhi-110048 the rent
of the said property is in arrears since the month of January
of the year 2018.
2. A detailed iteration of the facts of the present case is present
in the Plaint and the same are not being repeated herein for
the sake of brevity. The same shall be read in consonance
with the present application. The instant application is
being moved by the Plaintiffs on the ground that the
Defendant have specifically admitted to the facts that the
defendant has not paid any rent since the month of January
of the year 2018. The defendant admitted the dew rent being
13,000/ per month in a statement given on oath before the
Hon’ble Court on 18.08.2018
3. It is well settled that a preliminary decree can be passed by

the Court based on the admissions made by a party to the

suit. It has been held as follows:

Raveesh Chand Jain vs. Raj Rani Jain, 2015 (2) SCALE
302:
15. As discussed hereinabove, there is no dispute with
regard to the law settled by this Court that Order XII Rule 6
confers wide discretion on the Court to pass judgment either
at the stage of the suit on the basis of admission of the facts
made in the pleadings or otherwise, but the Court shall later
on decide the other questions which arise for consideration in
the Suit.

Rameshwar Prasad Gupta vs. Rajinder Kumar Gupta and Ors.,

decided on 18.07.2011 in CS(OS) No.
2362/2008:
39. For the aforesaid reasons and admission made by the
Defendant No. 1, I am of the considered view that the trial in
the present case is not necessary as the parties are not at
issue on any question of law and fact. Thus, the application
filed by the Plaintiff under Order XII Rule 6 Code of Civil
Procedure is liable to be allowed. The Court is otherwise
empowered to pronounce the judgment under the provision of
Order XV of the CPC.
40. I accordingly pass a preliminary decree for partition
declaring that the Plaintiff and Defendants 1 and 2 have
equal 1/3rd share in the suit property, being built up
property No. 92, BanarsiDass Estate, Timarpur, Delhi - 110
054.
4. That the balance of convenience lies in the favour of the

Plaintiffs for passing a preliminary decree of partition with

respect to the suit property. As such, this is a fit case for

 preliminary decree being passed on the basis of admission

by the Defendants.

5. The Plaintiffs submit that they would suffer grave prejudice

and irreparable loss if such order as prayed for is not

granted. The Plaintiffs have a very strong prima facie case

and there is every likelihood to succeed before this Hon’ble

Court.

6. The present application is bona fide and is being filed in the

interests of justice, equity and good conscience.
7. PRAYER

In view of the aforesaid, it is, therefore, the most respectfully

prayed this Hon’ble Court may graciously be pleased to:
(i) Pass a preliminary decree directing the defendant to
pay the rent as per there admissions given before the
Hon’ble Court on 18.08.2018.

PLAINTIFFS

Through

Advocate for the Plaintiffs

Place:
Date:
 LAST WILL AND TESTAMENT

I Pratibha Malhotra W/o Late Dr. G.P. Malhotra resident of H.No 1105,
Sector-15, Faridabad Aged 89 years being in sound and disposing state of
mind and physical health, hereby revoke all former Wills, Codicils and other
Testamentary dispositions heretofore made by me and declare this to be my
last Will and testament :-

This Will is made by me without any persuasion or coercion and out of my

own independent decision only. I hereby revoke all testamentary depositions
made or executed herein before and I declare this to be my last Will.

That I being the absolute owner of the assets which are detailed hereinafter:-

(a) GF-1-W-122, Grater Kailash – II, New Delhi, 110040

(b) 203 (Second Floor) 59, Shakemtala Apartments, New Delhi 110019
(c) Money in Bank account of Punjab National Bank, Janpath, New Delhi,
Saveing Bank Acount number : 0131000100151940
(d) Money in Bank account of State Bank of India, Neelam Chowk,
Faridabad 121001, Saveing Bank Acount number : 11081550833
(e) Money in Bank account of Standard Chartered Bank, New Friends
Colony, New Delhi 110025, Saving Bank Account number :
54410362053
(f) Money in Bank account of XXXXXXXXXXX, Saving Bank Account
number: 52610109010.

Whereas my late husband Dr G.P. Malhotra owned a housing property

situated at 1105, Sector-15, Faridabad, measuring 1126 Sq. Yds whereas,
my husband Dr G.P. Malhotra expired on 1st February 2017 and whereas in
his life time, before his death, He executed a Will dated 23 rd July 2016
bequeathing all his right in the said housing property in my favour.

Whereas, I have two married daughters namely Suniti Uppal wife of Sh. Jai
Uppal resident of B-10, NDSE, New Delhi and Ritu Uppal wife of Sh. Pankaj
Uppal resident of H.No 1015, Sector-4, Gurgaon.

1. I appoint Mr. to be the executor of my Will.

2. I being the absolute owner of the housing property situated at 1105,
Sector-15, Faridabad, measuring 1126 Sq. Yds would now like my two
daughters namely Suniti Uppal wife of Sh. Jai Uppal and Ritu Uppal
wife of Sh. Pankaj Uppal resident each to take 50-50% of the said
property.
3. I bequeath my entire right, title and interest in GF-1-W-122, Grater
Kailash – II, New Delhi, 110040 to my daughter Ritu Uppal wife of Sh.
Pankaj Uppal for her to enjoy, hold, use and/or dispose of as per his
wishes.
4. I bequeath my entire right, title and interest in 203 (Second Floor) 59,
Shakemtala Apartments, New Delhi 110019 to my daughter Suniti
Uppal wife of Sh. Jai Uppal for her to enjoy, hold, use and/or dispose
of as per his wishes.
5. I bequeath my entire right, title and interest in the cash lying in my
saving Account at Punjab National Bank, Janpath, New Delhi, Saveing
Bank Account number: 0131000100151940 unconditionally to my
daughter, Ritu Uppal, for her to enjoy, hold, use and/or dispose of as
per his wishes.
6. I bequeath my entire right, title and interest in the cash lying in my
saving Account at Punjab National Bank, Janpath, New Delhi, Saveing
Bank Account number: 0131000100151940 unconditionally to my
daughter, Ritu Uppal, for her to enjoy, hold, use and/or dispose of as
per his wishes.
7. I bequeath my entire right, title and interest in the cash lying in my
saving Account at State Bank of India, Neelam Chowk, Faridabad
121001, Saveing Bank Acount number: 11081550833 unconditionally
to my daughter, Ritu Uppal, for her to enjoy, hold, use and/or dispose
of as per her wishes.
8. The cash lying in bank account of Standard Chartered Bank, New
Friends Colony, New Delhi 110025, Saving Bank Account number :
54410362053 to be divided in the proportion of 50:50 among my
daughters Ritu Uppal and Suniti Uppal to enjoy, hold, use and/or
dispose of as per their wishes.
9. The cash lying in bank account of XXXXXXXXXXX, Saving Bank
Account number : 52610109010 to be divided in the proportion of
 50:50 among my daughters Ritu Uppal and Suniti Uppal to enjoy,
hold, use and/or dispose of as per their wishes.
10. And other minor assets such as car and all to be divided in 50-50

Dated this day of , 2018.

Executed by:

PRATIBHA MALHOTRA
TESTATOR
Aadhar No. XXXXXXXXX
PAN—XXXXXXXXXX
Mob. XXxXXXXXxxXX

This Will has been executed by the Testator in the presence of witnesses
whose signatures and particulars are provided below:

Sign: Sign:
Name: Name:
Occupation: Occupation:
Address:
Address:

Age:
Age:
Date:
Date:
 IN THE COURT OF AT NEW DELHI

IN THE MATTER OF

LT. COL. PRABHJOT SINGH.....................................................PLAINTIFF

VERSUS

SHILPA RAY & ANR........................................................................DEFENDANTS

SUIT FOR DEFAMATION UNDER SECTION 500, INDIAN PENAL CODE

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 board shortly.

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

since 2003 as the wife of Defendant No. 2 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 the Petitioner.

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 refusal and 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 February, 2016 the Defendant No. 1 along with her

Husband 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

Annexure 1.

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. 2 and hence, have

been plotting schemes to malign the Petitioner and create impediments in his

professional and personal life.

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 for promotion.
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 the Petitioner.

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

to attack/tarnish the image of the Plaintiff made the said frivolous and vexatious

recordings circulated publically with some ulterior motive and malice while knowing it to

be false.

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 the Plaintiff.

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 legal action.

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 is implored.

15. That the cause of action arose when the Defendant No. 1 proposed the Plaintiff for

marriage. The cause of action arose in February, 2016 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 Lakhs) from the plaintiff with the intention to extort money from the

Plaintiff.The cause of action thus is continuing and subsisting.

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

valued at Rs. 20,00,100/- (Rupees Twenty Lacs 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 February, 2016 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 present Suit.

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 bona fide.

PRAYER

NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THIS HON’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 and Kolkata;

b) Pass an order directing the Defendants to give an unconditional apology through social

media by circulating the said message on Whatsapp, Facebook and any other social media

site to the Petitioner, his colleague and common friends;

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 towards loss of reputation and

goodwill and donate the same to the Bangla Sahib Gurudwara, Connaught Place for the

obnoxious acts done by the Defendants;

 d) Pass a decree / order / direction thereby awarding punitive damages against the 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 and circumstances of the case,

in favour of the Plaintiff and against the Defendant/s.

PLAINTIFF

VERIFICATION:

It is verified at ……….. on this the ……. day of …………, 2018 that the contents of paragraphs.............to

………….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 …… to is based upon information received and believed to be

true by us. Paragraph is the prayer to this Hon’ble Court.

PLAINTIFF

FILED THROUGH
 IN THE COURT OF ADDL. CHIEF METROPOLITAN

MAGISTRATE, PATIALA HOUSE COURT, NEW

DELHI COMPLAINT NO. OF 2018

IN RE:

MANOJ KUMAR ARYA ….COMPLAINANT

VERSUS

LALIT SHARMA ….ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT

I, Manoj Kumar Arya, aged about 36 years, S/o Omendra Pal Singh, R/o Flat No. 67, Sector-12, R.K.
Puram, New Delhi – 110022, do hereby solemnly affirm and declare as under:

1. That I am the complainant in the above noted case and is well conversant with the facts and
circumstances of the case and is competent to swear this affidavit.
2. That the accompanying application to the above complaint, has been drafted by the counsel
under my instructions and the contents of the same are true and correct to my knowledge
and belief. The contents of the said application may be read as part and parcel of this
affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:
Verified at New Delhi on this day of October, 2018 that the contents of the affidavit
are true and correct to my knowledge and belief no part of it is false and
nothing has been concealed therefrom.

DEPONENT
DELHI

DATED:
 IN THE COURT OF SESSIONS JUDGE (DISTRICT ),DELHI

TIS HAZARI COURT, DELHI

ANTICIPATORY BAIL APPLICATION NO. OF 2017

IN THE MATTER OF :-

ABC, S/o XYZ, R/o House No. 12, Delhi-110006 …Applicant

VERSUS

STATE …Respondent

FIR NO. of 2017

Under Section:

Police Station:

APPLICATION FOR THE GRANT OF ANTICPATORY BAIL UNDER SECTION 438 OF

THE CODE OF CRIMINAL PROCEDURE, 1973

The applicant most respectfully submits that:

1. That the applicant is a law abiding citizen of the country.

2. That he belongs to a respectable family and does not have criminal record.
3. That the applicant has been falsely implicated in the said matter and apprehends arrest over
the same.
4. That the applicant has been married to his wife, Miss for a period of one year and also
have child from the marriage.
5. That a few months back, he found out that she was having an extra-marital affair with a friend
of her’s. Though he was shocked, he chose to forgive her for the sake of protecting their
 marriage and their child. However, she refused to stop her illicit affair and even refused to
seek divorce because the husband was financially secure.
6. That she has constantly being asking the applicant for money for her illicit activities, which
the applicant eventually refused. She had been threatening to file a fake case against him
under Section 498-A IPC, in a bid to falsely implicate him under the said offence unless he
pays heed to her demands. The complainant is extremely violent and often hurts herself. She
went to the extent of dangerously hurting herself physically to weave a fake case against the
applicant.
7. That the police has registered an FIR against the Applicant based on false allegations of his
wife. A bare perusal of the said FIR reveals that applicant has physically harmed his wife for
not meeting his demands for dowry. The wife has manipulated the facts and falsely implicated
the applicant and is in fact the victim of the devious schemes of the complainant.
8. That the FIR registered against the applicant is false and incorrect.
9. That the applicant undertakes to join the investigation as and when required to do so.
10. That the applicant is a permanent resident of Delhi and there is no chance of him absconding
in case he is granted anticipatory bail
11. That the applicant bears a good moral character and can prove the same before this Hon’ble
Court.

PRAYER

It is therefore most respectfully submitted that:

1. The applicant be released on bail in the event of his arrest.

2. Appropriate directions in this regard may please be sent to the concerned SHO/
Investigating Officer.
3. The Hon’ble court may pass any other order that it deems fit and proper on the facts
and circumstances of the case.

APPLICANT
THROUGH
New Delhi ADVOCATE
Dated: