LAW CENTRE - 1

(Faculty of LAW)

LB -502, MOOT COURT , MOCK TRIAL AND INTERNSHIP

INTERNSHIP DIARY

Presented by
AMANDEEP GARG
Class Roll No. 639
Exam Roll No. 21310806833
 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

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Part A: Internship Certificate

2
INTRODUCTION

Name of the Lawyer –L.S. Solanki,

Office - SOLANKI & CO., 144, 1st Floor Vardhman Diamond Plaza D.B.
Gupta, Opp. P.S. Pahar Ganj New Delhi -110055

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, Tis Hazari Sessions Court, Rohini Sessions Court, Saket
Sessions Court, the National Company Law Tribunal, National Company Law
Appellate Tribunal

Duration of Internship – 1st Octruary 2023-31st March 2023

Duration specified in Diary –7th Octruary 2023 -8th March 2023

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I, AMANDEEP GARG a third year student at Law Centre-1, Faculty of Law,
University of Delhi, interned under Mr. L.S. SOLANKI (Advocate) Supreme
Court of India, for a period of 6 weeks around in the month of Octruary and
March.

I interned In the Semester break and thus got ample opportunity to observe
the court proceedings and to learn the intricacies involved therein. The office
staff consisted of Mr. L.S. SOLANKI , along with two other associates, own file
clerks, and an office boy.

Mr. L.S. SOLANKI is an Advocate on Record, Supreme Court and has been
practicing in the Supreme Court and Delhi High Court for more than 35 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. L.S. SOLANKI

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. SUKHMAN SINGH who works in the
capacity of an associate with Mr. SOLANKI 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.

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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.

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PART B - DAY WISE SUMMARY

, 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. SUKHMAN
SINGH an associate of sir 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. Solanki 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.

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8 Oct. 2023, Tuesday
On the second day of my internship, I was given three days time to prepare a
detailed brief in the case of Parveen Grover vs Kavita Grover. The case
pertained to a Partition. However, during the existence of the said
contract, a dispute arose. The said suit relates to the coparcenary rights
of the daughter after 2005 amendment in Hindu Succession Act, and in
the light of the judgement Vineeta sharma vs Rakesh sharma And Others
(2022).The said Dispute was also refered To Arbitration, but Arbitration
award is not Acceptable to parties thus,this suit. 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.

9 Oct. 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.

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 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.

Vineeta sharma vs Rakesh sharma And Others (2022), SC held that

1. Critical Date and Section 6(1): The pivotal date for determining the
applicability of coparcenary rights under the Hindu Succession
(Amendment) Act, 2005, is September 9, 2005. Section 6(1) of the amended
Act stipulates that daughters born before this date have the right to claim
disposition or alienation, partition, or testamentary disposition that
occurred before December 20, 2004, ensuring their entitlement to
ancestral property irrespective of the father's status.

2. Retrospective Nature and Purpose of Amendment: The Supreme Court,

comprising Justices Arun Mishra, S Abdul Nazeer, and M R Shah, clarified
that the amendment's primary objective was to establish equal
coparcenary rights for women in ancestral property. The Court emphasized
the retrospective nature of the amendment, asserting that daughters, born
before September 9, 2005, have an inherent right to inherit, regardless of
the father's survival on that date, aligning with the overarching principle
of gender equality enshrined in the Indian Constitution.

10 Oct. , 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 Tis Hazari 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
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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.

11 Oct. , Friday

I accompanied an associate to Tis Hazari 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 Tis Hazari and Shahdara
District which is also located in the Tis Hazari Court building.

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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 34 minutes and presumably a
judge hears 30-40 matters in a day.

12 Oct. , 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.

14 Oct., Monday

Since interns are not allowed in Supreme Court on Mondays and Fridays, I
was asked to accompany an Associate to Rohini Sessions Court. 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

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might seem menial and small as understanding how things work at the
ground level is 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.

15 Oct. , 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

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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
Octruary, 2001

16 Oct. 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.

17 Oct. , 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

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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.

18 Oct. , 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,

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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.

19 Oct. , 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
14
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.

22 Oct. , Tuesday

I accompanied sir in High Court where we requested court to cancel the

Anticipatory Bail of Accused who was trying to tamper the Evidences and
approaching witnesses in order to tamper their testimony. Sir presented
arguments and proofs regarding the repeatedly visits to the witnesses .High
court cancelled the bail application under section 439(2).

Cases Reffered to substantiate the claims are:

1) T.S.Arun Kumar vs The S.H.O on 3 April, 2008.

2) Parvesh And Another vs State Of Haryana And Another on 19 October, 2020.
3) Central Bureau Of Investigation vs Shri Safikul Kaji @ Beji & Anr on 25 July,
2022.
4) Eppa Bhagya Raj vs State Of Telangana And 9 Others on 7 November,

23 Oct., 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

15
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.

24 Oct., 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.

25 Oct. , Friday

I took an off for the weekend as I had some urgent work back Mansa, Punjab. For the

leave I had told sir a day in advance and dropped him a message regarding the same

before leaving. 26th Nov. Saturday Was on leave.

16
28 Oct. , 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.

1st March, 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

17
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.

2nd March , 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.

3rd March , 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

18
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.

4th March , 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.

5th March , 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

19
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. 7th March, 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: Mukesh 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:

20
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.

8th March , 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 notice.

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.

21
22
 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.

23
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.

24
 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,
SUKHMAN SINGH

25
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
26
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.

27
 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,
Sector15, Faridabad Aged 89 years being in sound and disposing state of mind

28
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 1 st Octruary 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

29
 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.

30
 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

31
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

32
 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.

33
7. That sometime in the first week of Octruary, 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.

34
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 Octruary, 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.

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 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 advalorem 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

Octruary, 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.

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 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.

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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

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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

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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.

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 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: ________

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