MOCK 4

DEFENDANT

Your ladyship, I represent WinSoft Telecommunications Pvt. Ltd., and I'm

here to provide you with our perspective on the leasing dispute with Singer
Consultants Pvt. Ltd.

In Yr-4, my client, WinSoft, sought a suitable office space to expand their

business in Delhi. After careful consideration, they chose Jubilee Plaza,
owned by Singer Consultants, and a lease agreement was signed in
September Yr-4.

However, soon after moving in, WinSoft encountered maintenance issues

that significantly impacted their business operations. Despite their diligent
efforts to communicate these concerns to Singer Consultants, the problems
persisted, prompting WinSoft to take matters into their own hands and
spend their own funds on necessary repairs.

In Yr-2, WinSoft made the decision to terminate the lease, providing the
required three-month notice. They also requested to use their security
deposit for the last three months' rent, considering the circumstances.

Contrary to Singer Consultants' claims, WinSoft left the property in good

condition on March 30, Yr-2. The decision to terminate the lease was a
result of genuine concerns and the failure of Singer Consultants to address
maintenance issues promptly.

WinSoft has suffered financial losses and reputational damage due to these
issues. They firmly believe they don't owe any additional amounts to Singer
Consultants and are here to seek a fair resolution to this dispute.

Thank you for your attention.

Examination-in-chief of Neena Elizabeth

“Please stand and raise your right hand.

Do you solemnly swear (or affirm) that the testimony you are about to give in this
case will be the truth, the whole truth, and nothing but the truth, so help you God?

Please respond with 'I do' if you swear, or 'I affirm' if you affirm."

Counsel: Good day, Ms. Neena Elizabeth. Could you please state your full name for
the record?

Neena Elizabeth: Hello, my name is Neena Elizabeth.

Counsel: Thank you, Ms. Elizabeth. Let's begin by discussing the leasing of Jubilee
Plaza. How did you come to consider Jubilee Plaza for your company's office in Yr-4?

Neena Elizabeth: Well, we were looking for a spacious office in Delhi to expand our
business. ABZ Property Consultants recommended Jubilee Plaza to us, and after
meeting Mr. Varun Singer, we decided it could be a suitable place.

Counsel: Can you tell us about the condition of the property when you first visited it
in July Yr-4?

Neena Elizabeth: When I visited in July Yr-4, the property seemed fine. It had the
facilities we needed, including parking space. That's when we decided to proceed
with leasing it.

Counsel: When did you sign the lease, and what were the terms of the agreement?

Neena Elizabeth: We signed the lease on September 12, Yr-4. The monthly rent was
INR 2 lakhs, and we also agreed to pay INR 4,000/- per car for parking space. The
lease had a lock-in period of 3 years, and there was no provision for penalty or
damages if we terminated within this period.

Counsel: Could you share your experience after moving into Jubilee Plaza?

Neena Elizabeth: Certainly. After moving in, we faced issues with maintenance,
particularly the air conditioning, water logging, and poor lighting. Despite our
complaints, these problems were not promptly addressed by Singer Consultants

Counsel: Were there any discussions or negotiations with Singer Consultants Pvt. Ltd. before
sending the termination notice?

Neena : We had not received any satisfactory resolution to our maintenance concerns, and
hence, we decided to terminate the lease.
Counsel: When did you decide to terminate the lease, and what were the reasons
behind this decision?

Neena Elizabeth: In Yr-2, on March 25, we decided to terminate the lease due to
ongoing maintenance issues. We provided a three-month notice, citing problems
with the property that were affecting our business operations.

Counsel : When did WinSoft Telecommunications Pvt. Ltd. vacate the property, and what
condition was it in during the handover?

Neena : We vacated on 30 March Yr-2, and a joint inspection on 1 September Yr-2

confirmed that we returned the premises in the same condition we received it.

Counsel: Thank you, Ms. Elizabeth. We will explore this further as the proceedings
continue.

EXAMINATION-IN-CHIEF OF SOORAJ

Defendant Counsel: Good [morning/afternoon/evening], Mr. Sooraj Krishan. Please

state your full name for the record.

Sooraj Krishan: Hello. My full name is Sooraj Krishan.

Defendant Counsel: Thank you, Mr. Krishan. Could you briefly describe your role at
WinSoft Telecommunications Pvt. Ltd.?

Sooraj Krishan: Certainly. I have been working with WinSoft Telecommunications

since its inception. In August Yr-4, I moved to Delhi to manage our branch here.

Defendant Counsel: Let's talk about the decision to lease Jubilee Plaza. How did you
come to be involved in this process?

Sooraj Krishan: I was managing the Mumbai office before moving to Delhi. When
we decided to expand and were looking for office space, Ms. Neena Elizabeth and I
visited Jubilee Plaza. Despite my concerns about the size and rent, we moved forward
with the lease.

Defendant Counsel: After moving into Jubilee Plaza, did you encounter any issues
with the property?

Sooraj Krishan: Yes, quite a few. The property was smaller than our needs, and we
faced issues with water logging, poor lighting, and a faulty air conditioning system. I
communicated these problems to Mr. Sunny Singh and the maintenance department
at Singer Consultants.

Defendant Counsel: How did these issues impact your business operations?

Sooraj Krishan: Clients were unhappy with the conditions, and some even refused to
return for meetings. It became increasingly difficult to work, affecting our business
reputation.

Defendant Counsel: When did you decide to terminate the lease, and what steps
did you take?

Sooraj Krishan: After numerous complaints and no resolution, I recommended to

Ms. Elizabeth that we terminate the lease. We sent a three-month notice on March
25, Yr-2, and vacated the property by March 30, Yr-2.

Defendant Counsel: Thank you, Mr. Krishan. Your insights are valuable.

Cross examination of varun

Please stand and raise your right hand.

Do you solemnly swear (or affirm) that the testimony you are about to give in this case will
be the truth, the whole truth, and nothing but the truth, so help you God?
Good [morning/afternoon/evening], Mr. Varun Singer. I'd like to ask you some
questions about your role and the leasing process.

Varun Singer: Hello. Go ahead.

Defendant Counsel: You are the Managing Director of Singer Consultants Pvt. Ltd.,
is that correct?

Varun Singer: Yes, that's correct.

Defendant Counsel: As the Managing Director, you oversee the leasing of

properties, including Jubilee Plaza?

Varun Singer: Yes, among other responsibilities.

Defendant Counsel: Let's discuss the leasing process with WinSoft
Telecommunications. When Ms. Neena Elizabeth expressed interest in Jubilee Plaza,
did you have any concerns about their ability to maintain the property?

Varun Singer: Not initially. We went through the usual leasing procedures, including
property viewings and discussions.

Defendant Counsel: Did you, at any point, receive complaints from WinSoft about
the condition of Jubilee Plaza during their tenancy?

Varun Singer: No, there were no formal complaints.

Defendant Counsel: In your statement, you mentioned a joint inspection on

September 1, Yr-2. Did WinSoft raise any issues during this inspection?

Varun Singer: No, there were no issues raised during the joint inspection.

Defendant Counsel: You claim that the property was well-maintained and repaired
regularly. Can you provide evidence or documentation of these regular maintenance
efforts?

Varun Singer: We have internal records, but I'd need to check for specific
documentation.

Defendant Counsel: You mentioned a lock-in period in the lease agreement. Can
you clarify how this lock-in period was communicated to WinSoft?

Varun Singer: It's a standard clause in our lease agreements, and it would have been
part of the document they signed.

Defendant Counsel: Thank you, Mr. Singer. We may revisit these points as the
proceedings continue.
Defendant Counsel's Closing Case Statement

Your ladyship

Thank you for your attention throughout these proceedings. We, representing
WinSoft Telecommunications Pvt. Ltd., would like to present a concise summary of
our case.

Our client, Ms. Neena Elizabeth, signed a lease for Jubilee Plaza in Yr-4 with the
expectation of a well-maintained property. Unfortunately, maintenance issues,
including air conditioning problems, water logging, and poor lighting, persisted
despite repeated complaints.

In Yr-2, after exhausting all reasonable attempts to resolve these issues, WinSoft
made the decision to terminate the lease, providing the required three-month notice.
They sought to use their security deposit for the last three months' rent, a reasonable
request given the circumstances.

Contrary to Singer Consultants' claims, there is evidence of ongoing maintenance

problems that affected WinSoft's business operations and reputation. We left the
property in good condition, and the accusations of breach of contract are baseless.

Throughout this case, we have shown that WinSoft acted in good faith, attempting to
address concerns, while Singer Consultants failed in their duty to maintain the
property adequately. Our client suffered financial losses and stress due to these
issues, and their decision to terminate the lease was justified.

In conclusion, we request a fair consideration of the evidence presented and urge the
court to find in favor of WinSoft Telecommunications Pvt. Ltd., dismissing any claims
against them. Thank you.