DRAFTING, PLEADING & CONVEYANCING

WORKBOOK

Submitted to: Submitted by:

Prof. Shivam Jain K. Siddharth Grover
Kirit P. Mehta School of Law, NMIMS Sap Id: 81022019148, Roll no.-050

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 1. TABLE OF CONTENTS

1. Plaint...................................................................................................................................2

2. Written Statement...............................................................................................................7

3. Writ Petitions....................................................................................................................10

4. Divorce Petition................................................................................................................15

5. Anticipatory Bail Application...........................................................................................19

6. Notice of Ejectment through Advocate............................................................................24

7. Contract.............................................................................................................................25

8. Lease Deed........................................................................................................................29

9. Temporary Injunction.......................................................................................................32

10. Legal Notice u/s 138 NI Act.........................................................................................34

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 1. PLAINT

ASSUMED FACTS
Miss Arina Gandhi, a renowned film actress, has filed a defamation suit against Mr. Panipuri
Teekhawalla, editor and sole proprietor of "Filmi News & Notes", a film magazine with a
large circulation throughout India. The plaintiff claims that the defendant has printed a false
and malicious photograph of her in the magazine's January 2022 issue, purportedly a nude
photograph, which has caused irreparable harm to her reputation and subjected her to public
ridicule and contempt. The plaintiff alleges that the defendant has superimposed her face on a
nude photograph of another woman to increase sales of the magazine. The defendant has also
printed defamatory statements under the photograph, leading actors refuse to work with her.
The plaintiff seeks an injunction restraining the defendant from publishing, circulating,
selling, or exhibiting the said magazine, apology in the forthcoming issue, and damages of
Rs. 10,00,000/- (Rupees ten lakhs). The suit has been filed in the City Civil Court at Mumbai.

IN THE COURT OF CITY CIVIL JUDGE, JR. DIVISION

AT GREATER BOMBAY

Suit No. 121 of 2022

Miss Arina Gandhi, a film actress by profession, Residing at 24, Colaba-worli Road,
Mumbai………………………………………………………………………………...Plaintiff

Versus

Mr. Panipuri Teekhawalla, Editor and Sole proprietor of “Filmi News & Notes”, Carrying on
business at 151, Mahatma Gandhi Road, Kalbadevi Mumbai…………..……………
Defendant

IN THE SUIT FOR DEFAMATION THE PLAINTIFF MISS ARINA GANDHI, RESPECTFULLY

SUBMITS THIS PLAINT AS UNDER:

1. The Plaintiff is a popular and accomplished film actress, who has been associated with
the Indian screen for more than 17 (seventeen) years. The Plaintiff has more than fifty
Hindi films to her credit and has thousands of fans all over India. She has several friends
in the profession and is liked and respected by all of them.

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2. The Defendant is the sole proprietor, editor and publisher of a film magazine called
“Filmi News & Notes” hereinafter called “the said magazine”, which has a large
circulation throughout India.
3. The Plaintiff states that in the issue of the said magazine of January 2022, the Defendant
has falsely and maliciously printed a coloured photograph of what purports to be a nude
photograph of the Plaintiff. The Plaintiff states and submits that this is not a genuine
photograph, as the plaintiff has never allowed herself to be photographed nude, either for
this or any other photograph. The Plaintiff submits that the Defendant has apparently
superimposed the face of the Plaintiff on a nude photograph of another woman, with the
intention of boosting the sales for his magazine, defaming the Plaintiff in the process.
4. The Plaintiff further submits that the Defendant has also printed the following statements
under the photograph, namely, -
“Jaya is available for the asking, The price is cheap and the going is great.
Producers are refusing to give her fresh roles as her reputation in many circles is now well
known. Leading actors have also refused to be cast with her in any film in the future.”
Hereto annexed and marked Exhibit ‘A’ is a photocopy of page 51 of the January 2022
issue of the said magazine containing the said defamatory matter.
5. The Plaintiff submits that the Defendant has published the said photograph and the said
statements with malice, knowing and having reason to believe, that such imputation
would harm the reputation of the Plaintiff and would lower her in the esteem of all her
friends in the film world, as well as all her fans through India. The Plaintiff further
submits that the said publication has caused great damage to her and has greatly affected
her credit and reputation adversely. The Plaintiff states that she has now become the
subject of public ridicule and contempt and has thus suffered great pain and humiliation.
The Plaintiff has also suffered great monetary loss and is likely to lose attractive
assignments from Hindi film producers in the future.
6. Having regard to what has been stated above, the Plaintiff submits that in the interests of
justice, the Defendant and his servants and agents be restrained by an order and
permanent injunction of this Hon’ble Court from printing, publishing, selling, circulating
and/or exhibiting the January 2022 issue of the said magazine and defaming the Plaintiff
in any manner,
7. The Plaintiff further submits that as she has suffered irreparable harm, this Hon’ble Court
may order the Defendant to publish an unconditional apology in the forthcoming issue of
the said magazine.
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8. The Plaintiff also says and submits that she has suffered loss and damage, both monetary
and non-monetary, to the extent of Rs.10,00,000/- (Rupees ten lakhs) as per a Statement
annexed hereto and marked Exhibit ‘B’, solely due to the publication of the Defendant
referred to hereinabove, and that the Defendant is liable to pay the aforesaid amount to
the Plaintiff.
9. The Plaintiff further starts that it would be in the interests of justice and fair play if,
pending the hearing and final disposal of the suit, the Defendant, his servants and agents
be restrained by an order and injunction of this Hon’ble Court from printing, publishing,
circulating, selling and/or exhibiting the said issue of the said Magazine, and/or the said
nude photograph and/or the said statements and defaming the Plaintiff in any manner.
10. The Plaintiff values the relief claimed in the suit for the purpose of jurisdiction and Court
fees of Rs.10,00,000/- (Rupees ten lakhs) , undertakes to pay a higher amount calculated
on the amount awarded to the Plaintiff as damages, or as this Hon’ble Court may deem
fit.
11. The said magazine was printed and published in Mumbai and the Plaintiff was defamed in
Mumbai. The Defendant resides and carries on business in Mumbai and thus the present
court therefore has jurisdiction to entertain, try and dispose of the present suit.
12. The Plaintiff will rely on documents a list whereof is annexed hereto.
13. The Plaintiff therefor prays:
(a) That the Defendant, by himself, or through his servants and/or agents be restrained,
by an order or final disposal of this suit or permanent injunction of this Hon’ble
Court, from printing, publishing selling, circulating and/or exhibiting the said issue of
the said magazine, and/or the said nude photograph and/or the statements contained
in the January 2014 issue of the said magazine, and from doing any other act, deed or
thing which may amount to a defamation of the Plaintiff;
(b) That the Defendant be ordered by this Hon’ble Court to publish an unconditional
apology to the Plaintiff in the forthcoming issue of the said magazine;
(c) That the Defendant be ordered and decreed to pay to the Plaintiff, a sum of Rs. 10
Lakhs as damages (as per Exhibit “B” hereto) or such other sun as this Hon’ble Court
may deem fit, with interest thereon at the rate of 6% per annum till the date of
payment;
(d) That the Defendant be ordered an decreed to pay to the Plaintiff the costs of the
present suit; and

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 (e) For such further and other reliefs as this Hon’ble Court may deem fit and proper in
the circumstances of the case.

Solemnly declared at Mumbai aforesaid Sd/-

This ___ day of February 2022. Advocate.

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 VERIFICATION

I, Arina Gandhi, the plaintiff above names residing at 24, Juhu – Tara Road, Mumbai, do
hereby solemnly declare and say that what is stated in paragraphs __ to __ is true to my own
knowledge and what is stated in the remaining paragraphs __ to __ is stated on information
and belief and I believe the same to be true.

Solemnly declared at Mumbai aforesaid Sd/-

This ___ day of February 2022. Advocate.

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 2. WRITTEN STATEMENT

ASSUMED FACTS

Miss Arina Gandhi, a renowned film actress, has filed a defamation suit against Mr. Panipuri
Teekhawalla, editor and sole proprietor of "Filmi News & Notes", a film magazine with a
large circulation throughout India. The plaintiff claims that the defendant has printed a false
and malicious photograph of her in the magazine's January 2022 issue, purportedly a nude
photograph, which has caused irreparable harm to her reputation and subjected her to public
ridicule and contempt. The plaintiff alleges that the defendant has superimposed her face on a
nude photograph of another woman to increase sales of the magazine. The defendant has also
printed defamatory statements under the photograph, leading actors refuse to work with her.
The plaintiff seeks an injunction restraining the defendant from publishing, circulating,
selling, or exhibiting the said magazine, apology in the forthcoming issue, and damages of
Rs. 10,00,000/- (Rupees ten lakhs). The suit has been filed in the City Civil Court at Mumbai.

IN THE COURT OF CITY CIVIL JUDGE, JR. DIVISION

AT GREATER BOMBAY

Suit No. 121 of 2022

Miss Arina Gandhi, a film actress by profession, Residing at 24, Colaba-worli Road,
Mumbai………………………………………………………………………………...Plaintiff

Versus

Mr. Panipuri Teekhawalla, Editor and Sole proprietor of “Filmi News & Notes”, Carrying on
business at 151, Mahatma Gandhi Road, Kalbadevi Mumbai…………..……………
Defendant

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THE DEFENDANT, MR. PANIPURI TEEKHAWALLA IN RESPONSE TO THE SUIT FILED

AGAINST HIM BY MISS ARINA GANDHI, THE PLAINTIFF, RESPECTFULLY SUBMITS THIS

WRITTEN STATEMENT AS UNDER:

1. The defendant admits that he is the sole proprietor, editor, and publisher of the film
magazine “Filmi News & Notes” referred to in the plaint. However, he denies the
allegations made by the plaintiff and states that the publication was done without
malice and with the intention of reporting news to the public.

2. The defendant denies that the photograph printed in the January 2022 issue of the said
magazine was false and maliciously printed, as alleged by the plaintiff. The defendant
states that the photograph was obtained from a reliable source, and he had no reason
to believe that it was not genuine. The defendant further denies that he superimposed
the face of the plaintiff on a nude photograph of another woman to boost sales for his
magazine.

3. The defendant admits that the statements referred to in the plaint were published in
the January 2022 issue of the said magazine. However, the defendant denies that the
statements were defamatory, false, or malicious. The defendant submits that the
statements were made in good faith and in the interest of public knowledge.

4. The defendant denies that he had the intention to harm the reputation of the plaintiff,
as alleged in the plaint. The defendant further denies that the said publication has
caused any damage to the plaintiff, including monetary loss or loss of future
assignments.

5. The defendant denies that the plaintiff has become the subject of public ridicule and
contempt as a result of the said publication. The defendant submits that the
publication was made in good faith and was not intended to harm the plaintiff's
reputation or lower her in the esteem of her friends in the film world or her fans
throughout India.

6. The defendant denies that he is liable to pay any damages to the plaintiff as alleged in
the plaint. The defendant further denies that he is liable to publish an unconditional
apology to the plaintiff in the forthcoming issue of the said magazine.

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 7. The defendant submits that he has not acted in any unlawful manner and that the
plaintiff has no cause of action against him. The defendant prays that the suit be
dismissed with costs.

WHEREFORE, the defendant prays that this Hon’ble Court may be pleased to dismiss the
suit with costs.

Solemnly declared at Mumbai aforesaid Sd/-

This ___ day of February 2022. Advocate.

VERIFICATION:

It is verified on this 31st day of January 2021 that the contents of paras 1 to 8 of the
WRITTEN STATEMENT on merits are true and correct from my knowledge as well as on
the basis of information derived from the record of the defendant company and the contents
of paras 1 to 5 of the preliminary objection are based upon information received and believed
to be true and the last para is a prayer to this Hon’ble Court.

Solemnly declared at Mumbai aforesaid Sd/-

This ___ day of February 2022. Advocate

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 3. WRIT PETITIONS

ASSUMED FACTS

The petitioner, Mr. Sam Goel, a resident of Jhilmil Colony in East Delhi, runs a small jewelry
business in Chandni Chowk, an area prone to littering. The Municipal Corporation of Delhi,
the respondent, is responsible for providing civic amenities to the citizens of Delhi. The
respondent's negligence in addressing the issue of drain cleaning and garbage picking has led
to an unbearable living condition for the petitioner and other citizens of Delhi. Garbage is left
unattended for weeks on end, causing inconvenience to pedestrians and vehicular traffic. The
inefficiency of the respondent in cleaning the drains has caused severe waterlogging in many
areas, leading to traffic congestion and accidents. The petitioner seeks the intervention of the
Supreme Court of India to direct the respondent to take immediate action in ensuring proper
garbage disposal, cleaning of drains, and maintaining cleanliness in public places.

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

Writ Petition (Civil) No. 89 Of 2023

IN THE MATTER OF:

Sam Goel
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24-D, Jhilmil Colony, East Delhi: 110093………………………………………….Petitioner

Versus

Municipal Corporation of Delhi

Civic Centre, Sansad Marg,New Delhi: 110001………………………………….Respondent

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A

WRIT IN THE NATURE OF WRIT OF MANDAMUS UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA.

To,

The Hon'ble Chief Justice of India and His Companion Judges of the Supreme Court of
India, The Humble Petition of the Petitioner above named:

MOST RESPECTFULLY SHEWETH:

1. The Petitioner has approached this Hon'ble Court with a plea for issuance of a writ of
mandamus directing the Respondent to take immediate action and remedy the extreme
mismanagement regarding drain cleaning and garbage picking.
2. The Petitioner, Mr. Sam Goel, is a resident of 24-D, Jhilmil Colony, East Delhi, and
runs a small jewellery business at Shop No. 232 in Chandni Chowk, an area that is
incredibly crowded and prone to littering.
3. The Respondent is the Municipal Corporation of Delhi, responsible for providing civic
amenities to the citizens of Delhi.

Facts

4. The Respondent's negligence in addressing the above issue has led to an unbearable
living condition for the Petitioner and other citizens of Delhi. The Petitioner is deeply
aggrieved by the lack of response and action from the Respondent towards this pressing
matter.
5. The Petitioner is constantly struggling with the daily menace of garbage dumping,
littering, and drainage blockages in and around his residential and commercial areas.
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 The lack of prompt action has also led to the stinking odours and swarming flies making
it unbearable for the Petitioner to conduct his business, causing a significant loss in his
earnings.
6. The Petitioner is extremely frustrated by the Respondent's disregard for the well-being
of the citizens of Delhi. The garbage piled up during protests creates even more
nuisance and becomes a breeding ground for mosquitoes and other pests, causing severe
health issues such as dengue, malaria, and other diseases.
7. The Petitioner would like to bring to the attention of this Hon'ble Court that garbage has
been left unattended for weeks on end at several locations in Delhi, including the main
markets such as Connaught Place, Karol Bagh, Lajpat Nagar, and Chandni Chowk. The
streets and pavements are covered in filth, causing inconvenience to pedestrians and
vehicular traffic.
8. The Petitioner submits that the Respondent's inefficiency in cleaning the drains has
caused severe waterlogging in many areas, leading to traffic congestion and the
inconvenience of daily commuters. The waterlogging has caused significant damage to
the roads, leading to several accidents and injuries.
9. The Petitioner seeks this Hon'ble Court's intervention to direct the Respondent to take
immediate action in ensuring proper garbage disposal, cleaning of drains, and
maintaining cleanliness in public places.

Grounds:

1. The Respondent's negligence in addressing the issue of drain cleaning and garbage
picking has resulted in an unbearable living condition for the Petitioner and other
citizens of Delhi.
2. The Petitioner has been adversely affected by the lack of prompt action from the
Respondent towards this pressing matter. The stinking odours and swarming flies due
to unattended garbage has caused significant loss in earnings for the Petitioner's small
jewellery business.
3. The Respondent's disregard for the well-being of the citizens of Delhi has led to
severe health issues such as dengue, malaria, and other diseases caused by breeding of
mosquitoes and other pests due to unattended garbage.
4. The garbage left unattended for weeks at several locations in Delhi, including the
main markets, has caused inconvenience to pedestrians and vehicular traffic.

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 5. The inefficiency of the Respondent in cleaning the drains has caused severe
waterlogging in many areas, leading to traffic congestion and the inconvenience of
daily commuters.
6. The waterlogging has caused significant damage to the roads, leading to several
accidents and injuries.
7. The lack of action by the Respondent violates the fundamental rights of the citizens of
Delhi, including the right to a clean and hygienic environment under Article 21 of the
Constitution of India.
8. The Respondent has a legal duty to take immediate and effective steps to remedy the
extreme mismanagement regarding drain cleaning and garbage picking.
9. The Petitioner has no other remedy available other than approaching this Hon'ble
Court to seek redressal of their grievances.

Question of law

1. The question of law in this writ petition is whether the Municipal Corporation of Delhi
has a legal duty to take immediate and effective steps to remedy the extreme
mismanagement regarding drain cleaning and garbage picking.
2. Whether the lack of action by the Respondent violates the fundamental rights of the
citizens of Delhi, including the right to a clean and hygienic environment under Article
21 of the Constitution of India.
3. The writ seeks the Court's intervention to issue a writ of mandamus or any other
appropriate writ, order, or direction, commanding the Respondent to take immediate
and effective steps to remedy the situation.

AVERMENT:-

That the present petitioner has not filed any other petition in any High Court or the Supreme
Court of India on the subject matter of the present petition.

PRAYER

In view of the above facts and circumstances, it is most respectfully prayed that this Hon'ble
Court may be pleased to:

a. Issue a writ of mandamus or any other appropriate writ, order, or direction,

commanding the Respondent to take immediate and effective steps to remedy the
extreme mismanagement regarding drain cleaning and garbage picking.
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 b. Direct the Respondent to take immediate and appropriate steps to clean the drains,
remove garbage, and maintain cleanliness in public places.
c. Pass any other order(s) that this Hon'ble Court may deem fit and proper in the
interest of justice.

AND FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY.

FILED BY:

PETITIONER-IN-PERSON

Drawn:

Filed on: 20/03/2023

Place: New Delhi

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 4. DIVORCE PETITION

ASSUMED FACTS

The petitioner, Tommy Maine, has filed a petition for dissolution of marriage by a decree of
divorce under Section 13 of the Hindu Marriage Act, 1955, against the respondent, Hilfiger
D'souza, in the Court of Principal Judge, Family Court Bandra. The petitioner alleges that the
respondent has committed cruelty towards her and has been consistently abusive towards her,
subjecting her to physical and mental torture. The petitioner prays that the court may be
pleased to grant a decree of divorce under Section 13 of HMA in her favor.

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT BANDRA

HMA Petition No. 123 Of 2017

In The Matter Of

Tommy Maine……………………….…………………………………….........Petitioner

Versus

Hilfiger D’souza ……………………..……………………………………... Respondent

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION

13 OF THE HINDU MARRIAGE ACT, 1955 (NO 25 OF 1955)

The Petitioner Prays As Follows:

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1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies after the commencement of the Hindu Marriage Act on 1st January 2010
at the Arya Samaj Mandir, Rohini, Mumbai. The said marriage is registered with the
Registrar of marriage.

2. A certified copy of the relevant extract from the Hindu Marriage Register bearing
Registration No. ABC123456789 is filed herewith.

3. An affidavit, duly attested stating the above facts has also been filed.

4. That the status and place of residence of the parties to the marriage before the
marriage and at the time of filing the petition were as follows:

Before Status Age Place of

marriage Residence
Husband Hindu 25 Andheri
Wife Hindu 24 Bandra

At time of Status Age Place of

petition Residence

Husband Hindu 36 Andheri

Wife Hindu 37 Andheri

3. There are no children born out of the Marriage.

4. That the respondent has committed cruelty towards the petitioner. The respondent has
been consistently abusive towards the petitioner and has subjected her to physical and
mental torture. The respondent has also been emotionally distant and has failed to
fulfill his responsibilities as a Husband. The specific incidents of cruelty are as
follows:

 On 15th March 2016, the respondent physically assaulted the petitioner,

causing her injuries on her face and legs.
 The respondent has consistently been using derogatory language and has been
insulting the petitioner in front of others.

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  The respondent has been regularly staying out late without informing the
petitioner and coming home intoxicated, which has caused great mental agony
to the petitioner.
 Respondent has been proving no money to the petitioner for her basic needs.

5. The petitioner has not in any manner condoned the cruelty.

6. That the petition is not presented in collusion with the respondent.

7. That there has not been any unnecessary or improper delay in filing the petition.

8. That there is no other legal ground why relief should not be granted.

9. That there have been no previous proceedings with regard to the marriage by or on
behalf of any party.

10. That the marriage was solemnized at the Arya Samaj Mandir, Rohini, Mumbai. The
parties last resided together at 123, ABC Apartments, Andheri. The parties are now
residing at 456, XYZ Apartments, Andheri, Mumbai (Within the local limit of the
ordinary original jurisdiction of this Court.)

11. That the petitioner submits that this Hon’ble Court has jurisdiction to try and entertain
this petition

PRAYER

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13
of HMA in favour of the petitioner. Any other relief/order.

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 5. ANTICIPATORY BAIL APPLICATION

ASSUMED FACTS

The petitioner, Sasuke Verma, has filed a petition for for Anticipatory Bail, in Hon’ble High
Court under Section 438 of the CrPC in connection with Colaba Police Station, in the Court
of Sessions of Greater Bombay in reponce to the fir filed for attempt to murder, robbery and
hurt.

IN THE COURT OF SESSIONS OF GREATER BOMBAY

Criminal Miscellaneous Application No.: 159 Of 2022

DISTRICT: MUMBAI

First Application for Anticipatory Bail, in Hon’ble High Court under Section 438 of the CrPC
in connection with Colaba Police Station C.R. No. I – 123/2022 registered under Section 307,
392, 323, 143, 144, 147, 148, 149 of I.P.C and 37(1)135 of B.P. Act.

Sasuke Verma,

Age 45 years, Occ. Business,

Bunglow-6, Barron Street, Colaba, Mumbai………………………………..………Applicant

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 Versus

The State of Maharashtra

Colaba Police Station…………………………..……………………….Respondent

TO, THE HONORABLE CHIEF JUSTICE AND THE OTHER HONORABLE COMPANION
JUDGES OF THE HONORABLE HIGH COURT OF JUDICATURE AT BOMBAY.

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

1. The Applicants approach this Hon’ble Court under section 438 of CrPC for the release of
the Applicant on bail under such conditions as this Hon’ble Court may deem fit, in the
event of his arrest in connection with the Colaba Police Station. No. I – 78/2022
registered under Section 307, 392, 323, 143, 144, 147, 148, 149 of I.P.C and 37(1)135 of
B.P. Act.

2. The brief facts of the case as revealed from the F.I.R are as follows:

a. An FIR had been lodged against the Applicant and others on 10/02/2022 at 1:30am
by Naruto Sharma (hereinafter Complainant), with respect to the incident that
allegedly took place on the same day at 02:00am.

b. The Complainant has alleged that he was in a relationship with applicant’s Niece,
Sakura Verma, for a period of 6 months. When the same came into her uncle’s
knowledge, she was not allowed to go out to prevent them meeting. They stopped her
job and classes for a period of 3 months during which the Complainant maintained
contact with Sakura through calls and whatsapp. Sakura allegedly asked the
complainant to meet on 10/02/2022 at 11:00pm.

c. It is alleged that the Complainant reached Sakura’s house at the decided time but
Sakura was not present. Upon moving closer to the house, the complainant alleges
that he was struck on the head and back with a sharp-edged weapon resulting in him
falling down. He was then assaulted with kicks and his gold ring and iphone were
snatched. The Complainant alleges to be assaulted by the following: 1) Saske
Verma, 2) Uno Verma, 3) Eno Verma, 4) Scamo Nagpal,

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 d. The complainant has further alleged that after the assault, he was taken and thrown in
the house of Sasuke/Applicant, and thereafter the police came to the spot, wherefrom
he was taken to the leaf Hospital. The statement of Complainant was recorded and
offence was registered against the Applicant and others vide Colaba Police Station
under section 307, 393 323, 143, 144, 147, 148, 149 of IPC and 37(1)135 of B.P.
Act. A copy of the said FIR is annexed as "Exhibit-A".

3. The applicant states that the investigation of the Alleged offences has been practically
completed and he denies all the claims of the Complainant, the applicant anticipates that
he will be arrested in the matter even though no offence can be made out against him; and
thereby the applicant approached this Hon'ble Court seeking an anticipatory bail under
Section 438 of the Code of Criminal Procedure on the following grounds amongst many
others, which are pleaded without prejudice to one another:

GROUNDS

1. That the Applicant is innocent and he is falsely implicated in the alleged offence. There
was neither any motive nor intention to hit the complainant, therefore no case under
section 307 of IPC arises.

2. That, if the prosecution's accusations are true for the purpose of argument, the occurrence
occurred in such a way that it is clear that there was neither a motive nor an intention to
hit the complainant, and that the case should be dismissed. The applicant in this case
cannot be deemed to have committed an offence punishable under section No. 307 of
I.P.C.

3. Because the complainant lives in Bandra and the accused Applicant lives in Colaba and
because of the distance, there was no need for the complainant to approach near the
Applicant's residence at 11:00 p.m., demonstrating the complainant's mala fide intentions.

4. That the complainant was admitted in leaf hospital and was later discharged from the said
hospital in a healthy condition and his belongings have also been recovered so the need
for custodial interrogation is not necessary.

5. That, in light of the totality of the circumstances, the applicant cannot be judged guilty of
the offence punishable under section 307 of the IPC, which is punished by death or life
imprisonment.

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6. That the Applicant, along with his family, resides at the above-mentioned address, and
that if released on bail, he will not flee anywhere, and that he will make himself available
for interrogation by the police officer in connection with this offence as and when
requested.

7. According to the medical officer, the complainant was injured by a blunt object, which
refutes the complainant's claim that the injury was caused by a sharp-edged weapon.
Given the nature and location of the injury, the complainant's claims that he was assaulted
from behind appear to be false.

8. That the Applicants seek permission to add, change, or amend any of the aforementioned
grounds.

9. If the Applicant is released on anticipatory bail, he is ready and prepared to comply with
the terms and conditions imposed by this Hon'ble court.

10. That the accused Applicant will not abuse his or her liberty or tamper with the evidence.

11. Regarding the subject matter, no further application has been filed in the Supreme Court
or any other court.

PRAYER

IN THE CIRCUMSTANCES AFORESAID THE APPLICANTS PRAYS THAT,

a) The Applicants be granted anticipatory bail in connection with C. R. No. I – 123 / 2021
registered at Colaba Police Station on 15/09/2021 for the offences punishable under
Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P.
Act.

b) And for any such other relief as this Hon’ble Court deems fit and proper.

AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE APPLICANT SHALL
AS IN DUTYBOUND EVER PRAY.

MUMBAI

DATED:

___________________________

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Applicant

___________________________

Advocate for the Applicant

VERIFICATION

I Shri. Sasuke Verma, Age - 45 years, the Applicant above named, residing at Bunglow-6,
Barron Street, Colaba, Mumbai do hereby state on solemn affirmation that what is stated in
the above paragraphs is true & correct to the best of my knowledge & information, which I
believe to be true.

Mumbai

Date: __/__ / 23

I know the deponent.

___________________________

Applicant

___________________________

Advocate for the Applicant

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 6. NOTICE OF EJECTMENT THROUGH ADVOCATE

ASSUMED FACTS

Ms. Jane Doe, a monthly tenant of Flat No. 101 in ABC Apartment on XYZ Road in
Andheri, Mumbai and her tenacy has expired the notice has been given to vacate the premises
on the expiry of her tenancy agreement on 30th April 2023. The notice warns that failure to
comply with the notice will result in Ms. Doe being considered a trespasser and being liable
to pay damages at a rate of Rs 1000 per day until she is evicted.

X ADVOCATE: Sam Lawson, 123 Main Street, Andheri, Mumbai - 400069, India, +91-
9876543210 Dated: 19th March 2023

To: Ms. Jane Doe, Flat No. 101, ABC Apartment, XYZ Road, Andheri, Mumbai - 400072,
India

Dear Ms. Doe,

Under instructions from my client, Mr. John Doe, of 456 XYZ Road, Andheri, Mumbai -
400072, India, I hereby give you notice that you are to quit and vacate the premises described
below of which you are now in possession of as a monthly (or yearly) tenant under my said
client immediately on the expiry of the last day of 30th April 2023.

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On and from the 1st of May 2023, the tenancy hereto before subsisting shall terminate and all
relationship of landlord and tenant between my client and you shall absolutely cease. You are
requested to deliver vacant possession of the said premises unto my client on that date as
stated above.

In case of your failure to quit the premises as desired, you will be considered as a trespasser
and ejected in due course of law and you will have to pay damages at a rate of Rs 1000 per
day until you are evicted.

Description of the premises: Flat No. 101, ABC Apartment, XYZ Road, Andheri, Mumbai -
400072, India

Yours faithfully,

Sam Lawson

7. CONTRACT

ASSUMED FACTS

PaperPenguin Pvt. Ltd. and InkOwl Pvt. Ltd. Intent to enter into a three-month Contract
Agreement, effective March 10th, 2023, wherein InkOwl shall provide ink cartridges to
PaperPenguin at a price of 80 rupees per cartridge. InkOwl will be responsible for providing
the ink cartridges as per the orders placed by PaperPenguin, and PaperPenguin will be
responsible for making timely payments as per the rates agreed upon

This Contract Agreement (the "Agreement") is made and entered into on this 10th day of
March 2023(“Effective date”),

By and Between

PaperPenguin Pvt. Ltd., a company registered under the Companies Act, 2013 and having its
registered office at MIDC, Andheri, Mumbai, India (hereinafter referred to as
"PaperPenguin"),

And

InkOwl Pvt. Ltd., a company registered under the Companies Act, 2013 and having its
registered office at Colaba, Mumbai, India (hereinafter referred to as "InkOwl").

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WHEREAS,

PaperPenguin Pvt. Ltd. is a printing company engaged in providing printing services to its
customers and requires ink cartridges for its printing operations; and

AND

InkOwl Pvt. Ltd. is a company engaged in the manufacturing of ink cartridges and has the
expertise and capacity to provide high-quality ink cartridges;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained

herein, and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:

DEFINATIONS

In this Agreement, unless the context otherwise requires:

 "Party" means either PaperPenguin or InkOwl, as the case may be, and "Parties" mean
both PaperPenguin and InkOwl collectively;

 "Cartilage" means the ink cartridge provided by InkOwl to PaperPenguin;

 "Order" means a request by PaperPenguin for InkOwl to provide ink cartridges to

PaperPenguin;

 "Term" means the period during which InkOwl shall provide ink cartridges to
PaperPenguin as per the terms and conditions of this Agreement;

 "Confidential Information" means all information, whether written, oral or in any

other form, disclosed by one Party to the other Party, that is marked as confidential or
that would reasonably be considered to be confidential under the circumstances.

SERVICES

InkOwl agrees to provide ink cartridges to PaperPenguin at a price of 80 rupees per cartilage
(the "Services"). The ink cartridges will be delivered to PaperPenguin as per the Orders
placed by PaperPenguin. PaperPenguin agrees to pay InkOwl for the ink cartridges delivered
as per the rates agreed upon in “Annexure A”

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PaperPenguin agrees to pay InkOwl for the ink cartridges delivered as per the rates agreed
upon in “Annexure A”. Payment shall be made by PaperPenguin to InkOwl Vai their the
means of Electronic transfer within 7 days of the receipt of the invoice.

TERM

This Agreement shall commence on March 10th, 2023 and shall continue for a period of three
months (the "Term"), unless terminated earlier as per the terms of this Agreement.

RESPONSIBILITIES

InkOwl shall be responsible for providing the ink cartridges to PaperPenguin as per the
Orders placed by PaperPenguin. PaperPenguin shall be responsible for providing accurate
and timely information to InkOwl regarding the Orders and for making timely payments as
per the rates agreed upon.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court
of competent jurisdiction, such provision shall be deemed to be severed from this Agreement
and the remaining provisions shall remain in full force and effect.

CONFIDENTIALITY

The Parties shall keep all Confidential Information disclosed to them by the other Party
confidential and shall not disclose any such Confidential Information to any third party
without the prior written consent of the disclosing Party. The confidentiality obligations shall
survive the termination of this Agreement.

DISPUTE

Any dispute arising out of or in connection with this Agreement shall be resolved through
negotiation between the Parties. If the dispute cannot be resolved through negotiation, then
the Parties shall submit the dispute to arbitration in accordance with the Indian Arbitration
and Conciliation Act, 1996.

INDEMNITY

Each Party shall indemnify and hold harmless the other Party from and against any claims,
damages, liabilities, costs, and expenses arising out of or in connection with any breach of
this Agreement by such Party.
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VALIDITY

This Agreement shall be binding on and enforceable against the Parties and their respective
successors and assigns.

TERMINATION

Either Party may terminate this Agreement by giving the other Party thirty (30) days' written
notice of termination. In the event of termination, PaperPenguin shall pay for all ink
cartridges ordered and received by PaperPenguin up to the date of termination.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India.
The Parties agree that any legal action arising out of or in connection with this Agreement
shall be brought in the courts of Mumbai, India.

MODIFICATION

This Agreement may not be modified except by a written instrument duly executed by both
Parties.

COUNTERPART CLAUSES

This Agreement may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.

Authorized Signatory

PaperPenguin Pvt. Ltd.

Authorized Signatory

InkOwl Pvt. Ltd.

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 8. LEASE DEED

ASSUMED FACTS

Mr. Manmeet Singh, the lessor, has leased his property located at Flat no. 42-D, Shivam
Enclave, Jhilmil Colony, Dadar East to Ms. Parveen Kaur, the lessee, for residential purposes
only, for a period of 11 months starting from March 1, 2023, until January 31, 2024, at a
monthly rent of Rs. 15,000.

This Lease Deed is made and executed on this 25th day of February 2023 at Shivam Enclave,
Jhilmil Colony, Dadar East by and between:

A, Mr. Manmeet Singh, son of Manjeet Singh, residing at 42-D, Shivam Enclave, Jhilmil
Colony, Dadar East, hereinafter called the "Lessor" (which expression shall, unless repugnant
to the context or meaning thereof, be deemed to include his heirs, successors, administrators
and assigns) of the one part.

And

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B, Ms. Parveen Kaur, daughter of Parvinder Singh, residing at 123, Silver Oak Society, J.P
Road, Andheri West, Mumbai, Maharashtra, India. hereinafter called the "Lessee" (which
expression shall, unless repugnant to the context or meaning thereof, be deemed to include
her heirs, successors, administrators, executors and permitted assigns) of the other part.

Whereas the Lessor is the absolute owner and in possession of the property situated at 42-D,
Shivam Enclave, Jhilmil Colony, Andheri East, more particularly described in Schedule A
hereto, hereinafter referred to as the "said property" and is desirous of leasing the same to the
Lessee for residential purposes only.

Now this Lease Deed witnesses and the parties hereto agree as follows:

1. The Lessor hereby leases unto the Lessee the said property for a period of 11 months
commencing from the 1st day of March 2023 and ending on the 31st day of January
2024.

2. The monthly rent payable by the Lessee to the Lessor for the use and occupation of
the said property shall be Rs. 15,000/- (Rupees Fifteen Thousand only), payable on or
before the 5th day of each month.

3. The Lessee shall use the said property for residential purposes only and shall not carry
on any trade or business or any illegal activity on the said property.

4. The Lessee shall keep the said property and all fittings and fixtures therein in good
condition and shall use the same in a careful and proper manner and shall not cause
any damage to the said property or to any part thereof.

5. The Lessee shall not make any structural alterations or additions to the said property
without the prior written consent of the Lessor.

6. The Lessee shall not sub-let the said property or any part thereof to any person
without the prior written consent of the Lessor.

7. The Lessee shall pay all electricity, water, and other charges in respect of the said
property during the term of this Lease Deed.

8. The Lessor shall have the right to enter the said property at all reasonable times for
the purpose of inspecting the condition of the said property and for carrying out
necessary repairs.

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 9. The Lessee shall vacate and handover the said property to the Lessor at the expiry or
earlier determination of this Lease Deed in the same condition in which it was leased
to the Lessee, reasonable wear and tear excepted.

10. Any notice to be served by either party to the other shall be deemed to have been
properly served if sent by registered post to the last known address of the other party.

In witness whereof, the parties hereto have executed this Lease Deed on the day and year first
above written in the presence of the following witnesses.

Witnesses:

1. Name: _________________ Address: __________________ Occupation:

_______________ Signature: ________________

2. Name: _________________ Address: __________________ Occupation:

_______________ Signature: ________________

SCHEDULE A

Description of the Property: Flat no. 42-D, Shivam Enclave, Jhilmil Colony, Dadar East

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 9. TEMPORARY INJUNCTION

ASSUMED FACTS

The plaintiff has filed a temporary injunction application under Order XXXIX, Rule 1 & 2
read with Section 151 of the Code of Civil Procedure, 1908, as a consequence of the pending
suit for permanent injunction before the City Civil Court in Greater Bombay at Mumbai. The
plaintiff has requested an interim injunction restraining the defendants, their associates,
servants, agents, and representatives from interfering with the peaceful physical possession of
the plaintiff's premises.

IN THE CITY CIVIL COURT, GREATER BOMBAY

AT MUMBAI
In Suit No. 987 Of 2023
IN THE MATTER OF:

Sh. Monte Sharma s/o Nike Sharma

r/o Flat No. 402, A-wing, Shiv Darshan CHS, Sahar Road,

Colaba East, Mumbai - 400069, India.……….………………………..…Plaintiff/ Applicant

Versus

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Dr. Carlo Verma s/o Adi Verma

r/o Bungalow No. 23, Vijay Nagar Society, Worli West,

Mumbai - 400053, India.

…………..…………………………………...Defendant/Respondent

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE

1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff has filed a suit for permanent injunction which is pending for disposal
before this Hon’ble Court.

2. That the contents of the accompanying suit for permanent injunction my kindly be read as
part and parcel of this application which are not repeated here for the sake of brevity.

3. That the Plaintiff/ Applicant has got a Prima Facie Case in his favour and there is
likelihood of success in the present case.

4. That in case the Defendants are not restrained by means of ad-interim injunction for
dispossessing the Plaintiff from the above said premises and from interfering in physical
peaceful possession of the above said premises, the Plaintiff shall suffer Irreparable Loss and
injury and the suit shall become infructuous and would lead to multiplicity of the cases.

5. That the Balance of Convenience lies in favour of the plaintiff and against the defendants.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

(a) Pass interim injunction restraining the Defendants, their associates, servants, agents and
representatives from interfering with the peaceful physical possession of the above said
premises.

Place- Mumbai

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Date- 23.11.2022

/ Affidavit Advocate

10. LEGAL NOTICE U/S 138 NI ACT

Harvey Spector

Advocate

Chamber No. 167, Bombay HC

Mobile No. 898965665

Email ID: harveyjspector@gmail.com

SPEED POST

Date : 5th February, 2023

To,

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Shri mike

Flat No- 65, pink lane, Andheri

Subject: Legal Notice u/s 138 of the NI Act, 1881

Dear Sir,

Under the instructions from and on behalf of my client Shri Abhishek, resident of Andheri,
Mumbai. (Hereinafter referred to as “my client/ client”), I serve you with the following that
my client

14. Vide leave and license agreement dated 1st January, 2023 rented the flat bearing number
402, green lane, sher-e-punjab (hereinafter referred to as said “flat”) on rent to you at
monthly rent of Rs. 60,000/-(sixty thousand only) with effect from 1st January 2023.

15. That towards the discharge of your liability of payment of rent for the month if January
2023 you issued a check bearing number 45243 dated 31st January 2023 of HDFC
Branch Andheri for a sum of Rs. 60,000/-(sixty thousand only) that the above mentioned
cheque was deposited by my client with his banker State Bank of India Andheri branch
for encashment on 3rd February, 2023.

16. That the said cheque was returned to my client with an endorsement “dishonored/returned
to drawer”.

17. That the dishonored cheque came within the knowledge when it was returned by the
bank on 5th February, 2023.

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18. That on account of dishonouring of the said cheque you, the addressee are guilty of
committing an offence punishable u/s 138 of NI Act, 1881, now through this legal notice,
I hereby call upon you, the addressee, to make the payment of Rs.60,000/-(Sixty thousand
only), that is the amount of the said dishonoured cheque within 15 days of the receipt of
this notice, failing which my client shall be constrained to take legal action against you by
way of complaint under section 138 of NI Act, 1881, as well as any other remedies
available in law, at your one risk as to cost and consequences resulting therefrom

Yours sincerely,

S/d

Advocate

Complaint under Section 138 Negotiable Instruments Act

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ANDHERI

CRIMINAL COMPLAINT NO. 121 OF 2023

Shri Kofe Anan…………………………………………………….…COMPLAINANT

V.

Shri Kareem Khan………………………………………………………..….ACCUSED

JURISDICTION: POLICE STATION ANDHERI

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT

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MOST RESPECTFULLY SHOWETH,

1. That the accused is the buyer of the said mobile phone in question, One Plus Nord.

2. That the accused is the purchaser under the complainant in respect of the mobile phone
with effect from 1st January, 2023. The true copy of invoice of purchase of the mobile phone,
One Plus Nord between the complainant and the accused dated 1st January, 2023 is annexed
hereto as Annexure A.

3. That on 1st February, 2023 the accused handed over check bearing number 342234 dated
31st January, 2023 for Rs.60,000 (Rupees sixty thousand only) drawn on HDFC Bank
Andheri branch, Mumbai to the complainant towards purchase of the said mobile phone for
the month of January 2023. The said original check is annexed hereto as Annexure B.

4. That the complainant deposited the said check in his account with the State Bank of India
Andheri Branch, Mumbai on 2nd February, 2023 but the same was dishonoured on
presentation with the remark “DISHONOURED/INSUFFICIENCY OF FUNDS”. The
original returning memo dated 4th February, 2023 in respect of the said check is annexed
hereto as Annexure C.

5. The the complainant vide letter dated 5th February, 2023, called upon the accused to make
the payment of the amount as stated in the dishonoured check that is Rs.60,000 (Rupees sixty
thousand only). The said letter was sent to the accused by speed post with acknowledgement
number 1234. The original speed post receipt is annexed hereto as Annexure D. However, the
accused failed to make the payment of the said amount to the complainant within 15 days of
the receipt of notice by him and has not paid the amount till date.

6. That the cheque in question was returned unpaid because the amount standing to the credit
in the account of the accused was insufficient to honour the cheque and therefore the accused
is liable to be prosecuted and punished under section 138 of the NI Act, 1881. Therefore the
present complaint.

7. That the complainant has complied with all the requirements of Sec. 138 of Negotiable
Insurance Act, 1881 namely

(i) that the cheque in questions presented on 2nd feb, 2023 that is within the period of its
validity of 3 months upto 30th April, 2023.

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 (ii) That the demand for payment was made to the accused on 5th feb, 2023 that is within
30 days of the date of receipt of information regarding dishonour of check.

(iii) That the accused failed to make the payment within 15 days of the receipt of
notice and therefore the complainant has approached this honourable court within 1
month of the cause of action

(iv)The complaint is therefore within the limitation period

8. That this Hon'ble Court has jurisdiction to entertain and try the present complaint because
the offence is committed within the local jurisdiction of this Hon'ble Court in Andheri with
Andheri police station also having jurisdiction based on the aforementioned facts.

PRAYER

IT IS THEREFORE MOST RESPECTFULLY PRAYED THAT THIS HON’BLE COURT

MAY BE PLEASED TO

1. Summon the accused u/s 138 of the Negotiable Instruments Act, 1881 and that the
accused being tried and punished for the said offence

2. Grant interim compensation of Rs. 5000 to the complainant during the pendency of
the trial

3. Any other relief that this hon. court may deem fit in light of justice, equity, good
conscience.

Place : Mumbai

Date :25th Feburary 2023

S/d COMPLAINANT

S/d ADVOCATE

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PROFORMA

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ANDHERI

DISTRICT MUMBAI

1. Complainant:Shri Kofe Anan

2. Respondent: Shri Kareem Khan

3. A) Amount of Cheque: Rs.60,000/- (Rupees Sixty Thousand only)

B) Date of Cheque: 31st January 2023

C) Drawn on Bank: HDFC

D) Branch: Andheri

E) Payee Bank: State Bank of India

F) Branch: Andheri

4. Date of dishonour: 2nd February, 2023

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5. Reasons for dishonour: Insufficiency of funds

6. Date of knowledge if Dishonour of Cheque: 4th February, 2023

7. Date on which Notice sent: 5th February, 2023

8. Date of service (Actual): 6th February, 2023

9. Date of filing complaint:

10. Whether filed within the statutory Limitation Period: Yes No

If NO then Delay Condoned on -

11. Documents Filed (please tick)

1. Cheque

2. Memo of Dishonour/ Bank Intimation

3. Copy of Legal Notice

4. Copy of Postal Receipt

5. Copy of A.D., if any

6. Other (Please specify)

Date

Counsel for the Complainant

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