LAW CENTRE - I

FACULTY OF LAW, UNIVERSITY OF DELHI

 Table of Content
S.NO. PARTICULARS PAGE

1. Introduction 2-3

2. Internship Duties 4

3. PART A – Internship Certificate 5

4. PART B - 6-23
Facts and Analysis of the Internship

5. 24-42
PART C -
Legal Documents drafted during
internship

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 INTRODUCTION
Name of the Firm – Sondhi Narula Dalal & Associates

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

Courts of Practice – The Hon’ble Supreme Court of India and the Hon’ble
High Court of Delhi, and all the District Courts and Tribunals of Delhi

Office – G-9, LGF, Jangpura Extension, New Delhi, Delhi 110014

Duration of Internship – 17th July, 2023 till 17th August, 2023

Duration specified in Diary – 17th July, 2023 till 17th August, 2023

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I, POONAM, a third year student at Law Centre - I, Faculty of Law, University of
Delhi, interned under Mrs. Sangeeta Sondhi, Advocate and senior partner –
Sondhi Narula Dalal & Associates Law Offices Record, for a period of 4 weeks in
July and August, 2023.

I interned after the summer break and thus got ample opportunity to observe the
court proceedings and to learn the intricacies involved therein. The office staff
consisted of Mrs. Sangeeta Sondhi (Sr. Partner), Mrs. Ruchi Narula (Sr. Partner),
along with 5 other associates, two file clerks, and an office boy.

Mrs. Sangeeta Sondhi is an Advocate and Arbitrator and has been practicing in
the Supreme Court and Delhi High Court for more than 15 years.

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

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 Mrs. Sangeeta Sondhi

under whose aegis and guidance, I was able to gain a very enriching internship
experience. Her 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. Her guidance made this a great learning
and important experience for future professional development.

I would also like to thank Advocate Mr. Shashwat Roy who works in the capacity
of an associate with Mrs. Sondhi 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 Manu Patra, 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 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 A: Internship Certificate

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 PART B - DAY WISE SUMMARY
17th July 2023, 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. Shashwat Roy an
associate of firm 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 Mrs. Sondhi 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

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hoped to be able to read through the files without wasting much time the next
time I am given the task.

18th July 2023, Tuesday

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

19th July 2023, Wednesday

Having submitted the brief to Mam, I was called into her office to discuss the
case. Mam 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:

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 1. Where there is a reference to a document in a contract and the reference
shows that the document was not intended to be incorporated in
entirety, then the reference will not make the arbitration clause in the
document a part of the contract unless there is a special reference to
the arbitration clause so as to make it applicable.
2. In single contract cases, a general reference would be sufficient for
incorporation of an arbitration clause from a standard form of contract.
In cases falling under two-contract cases, a stricter rule must 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.

20th July 2023, Thursday

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

Observations:

I had learnt about the concepts contained in Cr.P.C regarding filing of First
Information Report as a part of our curriculum. We had learnt that if Police officer
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concerned (SHO), refuses to Register complaint/FIR, then 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 is 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.

21st July 2023, Friday

I accompanied an associate to Patiala 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 New Delhi
District which is also located in the Patiala Court building.

Observations:

I observed that the court rooms were not as systematic and organised as the High
Court and the Supreme Court as one would expect. Moreover, the proceedings
seemed quite informal. Judges, were mostly inaudible, due to that always
surrounding the court rooms. The lawyers and even the judges talk in both, Hindi

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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.

22nd July 2023, Saturday

Ma’am 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 Mam 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.

24th July 2023, Monday

I was asked to accompany an Associate to The Armed Forces Tribunal, Principal

Bench. There, I got in touch with how documents are filed in the filing section
and how the Principal Registry Court works. I was also given the task of handling
the files and noting down the next date of hearing for matters that were listed.
This made me realize that one should not be unwilling to undertake tasks that
might seem menial and small as understanding how things work at the ground
level is very imperative for a young lawyer.

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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.

25th July 2023, 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:

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

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

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

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

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

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

Sankupathy

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

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

9. Smt. Rohini Shamrao Burud vs Hindustan Petroleum Corporation

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

26th July 2023, 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.

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27th July 2023, Thursday

I was asked to research on Sec 125 of Code of Criminal Procedure which provides
for the Order of Maintenance of wives, children, and parents. Since I had a fair
idea of the provision, having read about the same as a part of our family law
curriculum, I found this to be rather easy. I took the help of the books that were
available and also looked up on the internet. Mam 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.

28th July 2023, 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

13
and promises about timely delivery of possession had disappeared and even after
repeated attempts by the clients to contact them, there was no response from
their side. I was asked to draft a legal notice for the same and then work on the
draft of the consumer complaint as well. The case file was to be prepared and I
was asked to note down the details of the photocopies of the Memorandum of
Understanding, the receipts of the payments, the copies of the cheques and the
cheque numbers, the brochures of the company, the copies of F.I.R., if the same
had been filed by the client which were to be attached as annexures with the
consumer complaint. Also, any email correspondence which took place between
the client and the company was to be traced and the copies of the same to be
attached to establish how false assurances were repeatedly given by the company
to dupe the clients.

Later that day, Ma’am 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, she 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.

31st July 2023, 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 in High court. 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 Paper book. 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

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agent or by his advocate at the Filing Counter during working hours and
wherever necessary, had to be accompanied by the documents required under
the Rules of the Court.

The Assistant at the Filing Counter identifies the person filing the case on
production of identity card in case of advocate on-record, advocate authorized in
that behalf or his registered clerk or on identification through any permissible
identification card in respect of a party in-person; and then enters in the
computer complete description of the first petitioner/ applicant/appellant and
first respondent/non-applicant and names of their advocate. Further, in case of
writ petition and transfer petition, details through cause title and filing memo
respectively are checked. It is also checked if the Vakalatnama and affidavit are
duly signed and executed or not. Then a Diary Number is generated and the date
of filing is stamped. However, that is not all. If the case is found to be defective,
the scrutiny Assistant enters the defects in the computer and notifies them to
enable the advocate or the party, as the case may be, to remove the defects within
a period of twentyeight 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.

1st Aug 2023, Tuesday

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

15
Parliament Street and they were shifted to Patiala House in March 1977. Now-a-
days Criminal Courts of New Delhi, South and South-West district are housed in
Patiala House.

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

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

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

Observations:

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

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

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2nd August 2023, Wednesday

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

Observations:

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

3rd August 2023, 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 Tees Hazari Court and observed some court
proceedings relating to Negotiable Instruments Act.

Observations:

17
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.

4th August 2023, Friday

I took an off for the weekend as I had some urgent work. For the leave I had told
Mam a day in advance and dropped her a message regarding the same before
leaving. 5th August 2023, Saturday Was on leave.
7th August, Monday

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

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

Observations:

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

8th August 2023, 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.

18
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 Mam how the reply is to be framed and
worked the entire day on the same.

Observations:

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

9th August 2023, Wednesday

Mam 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.

10th August 2023, 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

19
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 High Court building
till now. It was a novel experience to see the internal administrative wing of the court.
There is a new block which has been constructed and certain sections and offices are
located there. The building is a beautiful piece of architecture and having to run around
from one section to the other, from the Accounts office to the administrative office, I got
a chance to explore the High Court premises.

11th August 2023, 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, Mam 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 Mam calmly dealt with the lady and noted down the relevant
points which could help her case.

Observations:

20
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.

12th August 2023 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 been asking the applicant for money for her illicit activities, which
the applicant eventually refused. She has been threatening to file a fake case against
him under Section 498-A IPC, in a bid to falsely implicate him under the said offence
unless he pays heed to her demands. The wife is extremely violent and would go the
extent of hurting herself physically to weave a fake case against him. The applicant
apprehends arrest on the same and wants to apply for grant of an anticipatory bail in
case of an arrest.

In the course of the day, I drafted the said application for grant anticipatory bail under

Section 438 CrPC, 1973.

14th August 2023, Monday

I was asked to report to the high court at 10:30 a.m. to attend the court hearings. I

attended the proceedings of the following case: In the Hon’ble High Court of New Delhi

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

A girl named Aastha Kapoor; wife of Appellant No.1 committed suicide within one

year of her marriage at her matrimonial home. Husband and in laws of the

21
deceased i.e. the Appellants apprehended arrest by the police so, filed

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

PROCEEDINGS:

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

report by the SHO concerned and kept granting anticipatory bail to the Appellants till

next date of hearing with a condition to cooperate in the investigation. The father of

the deceased was unhappy with the conduct of the

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

In the Hon’ble High Court of New Delhi

In the matter of: Kapil V. State FACTS:

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

by Reiki method. The Appellant was a man of 70 years of age, was already in jail for

more than two months. His bail application was rejected by the lower court, hence

this appeal.

PROCEEDINGS:

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

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

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

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

15th August 2023, Tuesday – Gazetted Holiday

22
16th August 2023, Wednesday

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 Mam very
cleverly argued only on the point that where cause of action was of Delhi. She also
showed the documents related to Delhi only. Presiding officer admitted the case and
issued process.

17th August 2023, Wednesday

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

Observations:

Though there wasn’t anything new that I had to work upon, I observed how Mam 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.

23
 PART C - LEGAL DOCUMENTS DRAFTED
DURING THE INTERNSHIP
[Draft of the Letter written to the District Collector Hindon River Mills Case]

To:

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

Dear Sir/Ma’am-

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

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

2. To abide by the order passed by the Hon’ble BIFR dated 08.08.2015 (Case
No. 251/02 and 351/03) in order to pay the dews a ‘one time statement
scheme’ was introduced by the company and the “one time settlement of
electricity dews” was also communicated to the U.P. Power Crop. Ltd. by
means of letters.
3. M/s Hindon River Mills has never , Upon being notified by the U.P.P.C
regarding the outstanding amount, has always acted in good faith by
taking the following steps:-

24
 a) By paying the outstanding amount of Rs 24,90,240
towards the total outstanding amount. The same has
also been conveyed to them via letter dated 12.12.2013
b) We made good faith “One Time Settlement” OTS to
abide To abide by the order passed by the Hon’ble BIFR
dated 08.08.2015 (Case No. 251/02 and 351/03)
4. The OTS offer submitted to U.P.P.C by letter dated April 30, 2010 consisted
of the following elements:-
a) In monthly instalments beginning from January 1, 2011
i.e. Moratorium of 8 months if proposal is approved in
May 2010
b) Each monthly installment will be of Rs. 23.90 Lacs to
be paid in the month starting from Jan. 2011 to June
2011 equally in six months period
c) UPPCL will tackle the issue of 10% recovery charge
with District Officials, if this issue arises in future.
Company will not be responsible for 10% recovery
charges of OTS amount and UPPCI will recall the
recovery proceedings.
d) To provide New Electricity connection in present
premises after the payment of 1 instalment.

5. In an unfortunate turn of events, The Hindon River Mills received a notice

dated 29.06.2013 demanding of the dew amount of Rs. 11702396/- the
amount so requested is not only in violation of section 22 of SICA but also
in violation of the order of Hon’ble BIFR. Also in the amount so requested
has not been calculated after taking into consideration the payment
previously made.
6. The assets of the company are in symbolic possession of Kotek Mahindra
as per by the provision of SARFASI Act. as the same has been mortgaged
to avail loan service from the bank hence payment via seal of assets is out
of the question.
7. It must be also be noted that in the notice sent by the U.P.P.C dated
29.06.2013 the two units of Hindon River Mills are being treated as
separate entity which is a wrong interpretation as both being the part of
the same company.

25
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,

Sangeeta Sondhi

26
 IN THE COURT OF SHRI RAHUL BHATIA
DISTRICT JUDGE-SOUTH-EAST, SAKET, NEW DELHI

EXECTION PETITTION No. 166 0F 2021

IN
CIVIL SUIT No. 166 OF 2021
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
2021.

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

27
 since the month of January of the year 2021. The defendant
admitted the dew rent being 13,000/ per month in a statement
given on oath before the
Hon’ble Court on 18.08.2021
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
28
 respect to the suit property. As such, this is a fit case for
preliminary decree being passed on the basis of admission by
the Defendants.
5. The Plaintiffs submit that they would suffer grave prejudice and
irreparable loss if such order as prayed for is not granted. The
Plaintiffs have a very strong prima facie case and there is every
likelihood to succeed before this Hon’ble Court.

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

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

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

prayed this Hon’ble Court may graciously be pleased to:
(i) Pass a preliminary decree directing the defendant to pay the
rent as per there admissions given before the Hon’ble
Court on 18.08.2021.

PLAINTIFFS

Through

Advocate for the Plaintiffs

Place:
Date:

29
 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 and
physical health, hereby revoke all former Wills, Codicils and other Testamentary
dispositions heretofore made by me and declare this to be my last Will and
testament :-

This Will is made by me without any persuasion or coercion and out of my own
independent decision only. I hereby revoke all testamentary depositions made or
executed herein before and I declare this to be my last Will.

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

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

(b) 203 (Second Floor) 59, Shakemtala Apartments, New Delhi 110019

(c) Money in Bank account of Punjab National Bank, Janpath, New Delhi,
Saveing Bank Acount number : 0131000100151940

(d) Money in Bank account of State Bank of India, Neelam Chowk, Faridabad
121001, Saveing Bank Acount number : 11081550833

(e) Money in Bank account of Standard Chartered Bank, New Friends Colony,
New Delhi 110025, Saving Bank Account number : 54410362053

(f) Money in Bank account of XXXXXXXXXXX, Saving Bank Account number:

52610109010.

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

at 1105, Sector-15, Faridabad, measuring 1126 Sq. Yds whereas, my husband
Dr G.P. Malhotra expired on 1st February 2017 and whereas in his life time,
before his death, He executed a Will dated 23rd 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.

30
1. I appoint Mr. _______________ to be the executor of my Will.

2. I being the absolute owner of the housing property situated at 1105,

Sector-15, Faridabad, measuring 1126 Sq. Yds would now like my two
daughters namely Suniti Uppal wife of Sh. Jai Uppal and Ritu Uppal wife
of Sh. Pankaj Uppal resident each to take 50-50% of the said property.

3. I bequeath my entire right, title and interest in GF-1-W-122, Grater

Kailash – II, New Delhi, 110040 to my daughter Ritu Uppal wife of Sh.
Pankaj Uppal for her to enjoy, hold, use and/or dispose of as per his
wishes.

4. I bequeath my entire right, title and interest in 203 (Second Floor) 59,
Shakemtala Apartments, New Delhi 110019 to my daughter Suniti Uppal
wife of Sh. Jai Uppal for her to enjoy, hold, use and/or dispose of as per
his wishes.

5. I bequeath my entire right, title and interest in the cash lying in my saving
Account at Punjab National Bank, Janpath, New Delhi, Saveing Bank
Account number: 0131000100151940 unconditionally to my daughter,
Ritu Uppal, for her to enjoy, hold, use and/or dispose of as per his wishes.

6. I bequeath my entire right, title and interest in the cash lying in my saving
Account at Punjab National Bank, Janpath, New Delhi, Saveing Bank
Account number: 0131000100151940 unconditionally to my daughter,
Ritu Uppal, for her to enjoy, hold, use and/or dispose of as per his wishes.

7. I bequeath my entire right, title and interest in the cash lying in my saving
Account at State Bank of India, Neelam Chowk, Faridabad 121001,
Saveing Bank Acount number: 11081550833 unconditionally to my
daughter, Ritu Uppal, for her to enjoy, hold, use and/or dispose of as per
her wishes.

8. The cash lying in bank account of Standard Chartered Bank, New Friends
Colony, New Delhi 110025, Saving Bank Account number : 54410362053
to be divided in the proportion of 50:50 among my daughters Ritu Uppal
and Suniti Uppal to enjoy, hold, use and/or dispose of as per their wishes.

31
 9. The cash lying in bank account of XXXXXXXXXXX, Saving Bank Account
number : 52610109010 to be divided in the proportion of 50:50 among my
daughters Ritu Uppal and Suniti Uppal to enjoy, hold, use
and/or dispose of as per their wishes.

10. And other minor assets such as car and all to be divided in 50-50

Dated this _______ day of _____________, 2018.

Executed by:

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

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

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

Age: Age:

Date: Date:

32
 IN THE COURT OF _____________ AT NEW DELHI

IN THE MATTER OF

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

VERSUS

SHILPA RAY & ANR. ...DEFENDANTS

SUIT FOR DEFAMATION UNDER SECTION 500, INDIAN PENAL CODE

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is serving in the Corps of Electronics & Mechanical Engineers of the Indian

Army as an Lieutenant Colonel in his present posting. He enjoys a reputation of unblemished

integrity and honest throughout his professional career till date. In recognition of his services

to the Country the Plaintiff was awarded a special commendation from the Chief of Army Staff

in the year 2014. It will not be out of place to mention here that considering ability and

integrity, the Plaintiff is due to appear for the promotion board shortly.

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

2003 as the wife of Defendant No. 2 who was also enrolled with the Petitioner during Degree

Engineering Course. It is a matter of fact that since the inception of marriage between
33
 Defendant No. 1 and Defendant No. 2 there were frequent fights which often lead to physical

abuse as well. It was during this difficult period in the life of Defendant No.

1 that the Petitioner along with his wife sympathised with Defendant No.
1’s difficulty. However, the frequent fights led to divorce between the two Defendants. It was

during this time that the Petitioner under the instruction and company of his wife decided to

provide mental and moral support to Defendant No. 1.

3. That during this period the Defendant No. 1 had approached the Petitioner and his wife to help

the Defendant No. 1 financially. In view of the fact that the Defendant No. 1 being a single

mother with a young child, the Petitioner’s wife never shirked from her duty as a friend and

provided her immense emotional and moral strength after the said divorce. During this period,

the Defendant No. 1 had urged Petitioner’s wife to accompany her to several places under

various personal grounds but due to prior commitments had requested her husband i.e. the

Petitioner to accompany the Defendant No. 1, who in good faith and as a sincere sympathiser

agreed to accompany the said Defendant only pursuant to his wife’s instruction. It is without

saying during all this while, the Petitioner was absolutely unaware of the Defendants sinister

plans to defame and malign the reputation of the Petitioner.

4. That the Defendant No. 1 under a figment of her imagination took up a fancy for the Petitioner

and made it known to the Petitioner that she wanted to marry him which could be

accomplished only if the Petitioner divorced his legally wedded wife.

5. That the Petitioner was shocked at such treaties and unacceptable exhortations by Defendant

No. 1, to which the Petitioner raised serious objection and refused to any of the frivolous

demands made by the Defendants. On such refusal and objection, the Defendants threatened

the Petitioner with dire consequence and threatened to ruin and damage his reputation by

34
 implicating his name in sexual harassment case. The Defendant No. 1 also made an illegal

demand of Rs. 20, 00, 000/-(Rupees Twenty Lakhs) from the

Plaintiff.

6. That under these circumstances, the Petitioner and his wife discontinued any social contact or

interactions to protect their family and their marriage. It is apparent that the Defendant No. 1

post this incident was determined to hurt, and harm the public image and reputation of the

Petitioner as well as his professional career.

7. That sometime in the first week of February, 2016 the Defendant No. 1 along with her Husband

i.e. Defendant No. 2, circulated an audio recording on social media and Whatsapp to the

Petitioner’s colleague and common friends containing certain disparaging and damaging

statements against the Petitioner. It will not be out of place to mention here that this was never

accidental but an evil conspiracy to lower the Petitioner’s prestige. A true copy of the

recordings has been annexed herewith as

Annexure 1.

8. That it is a matter of fact that even after the purported divorce the Defendant No. 1 has been

in constant touch with her former husband i.e. Defendant No. 2 and hence, have been plotting

schemes to malign the Petitioner and create impediments in his professional and personal life.

9. That the said audio recording was circulated to extract money from the Petitioner as both the

Defendant No. 1 and Defendant No. 2 are aware of the Petitioner’s social setup. The Defendant

No. 1 had also made such defamatory speech public amongst his colleagues and friends

knowing very well that the Petitioner is due for promotion.

35
10. That it will not be out of place to mention here that the Defendants’ sinister conspiracy

endeavoured to lower the Petitioner’s prestige in the eyes of the colleagues and friends in the

Indian Army and neighbourhood by falsely projecting him as a man of poor character and have

given all members of society/community an opportunity to raise an eye/ object

on the Petitioner’s reputation and public image. Thus the acts of the Defendants have caused

the Petitioner’s character assassination and said false statements have tarnished the good

name of the Petitioner.

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

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

circulated publically with some ulterior motive and malice while knowing it to be false.

12. That the Defendants have made false and baseless allegations/imputation and gestures in

public only with an intent to defame the Petitioner and hurt his integrity therein causing great

mental, social, spiritual, and professional loss to the Petitioner for which the Defendants are

responsible and liable to pay damages to the Plaintiff.

13. That for the reasons disclosed above and for the words, representations, imputations and

gestures made and imputed/gestures by both the Defendants in public, they are responsible

for hurting, blackmailing and harming the Petitioner’s reputation. Thus, the Defendants are

liable to be prosecuted and punished for the offence of defamation with imminent legal action.

14. The persistent conduct of the defendant in the past allows the reasonable apprehension that

they shall continue dispatching tarnishing messages to all and sundry to humiliate and bring

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 further odium to the plaintiff. It is in these circumstances that the urgent intervention of this

Hon’ble Court is implored.

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

The cause of action arose in February, 2016 when the defendants circulated audio recordings

on Whatsapp to the Petitioner’s colleague and common friends containing certain disparaging

and damaging statements against the Petitioner thereby causing immense damage to the

reputation and goodwill of the plaintiffs and lowered their image in the eyes of the recipients

of the impugned e-mail and numerous others.

The cause of action further arose on demanding payment of Rs. 20, 00, 000/- (Rupees Twenty

Lakhs) from the plaintiff with the intention to extort money from the Plaintiff.The cause of

action thus is continuing and subsisting.

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

Rs. 20,00,100/- (Rupees Twenty Lacs One Hundred Only), on which the 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

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 February, 2016 are located in Delhi, thus the reputation and goodwill of the plaintiff is,

amongst other places, severely affected in Delhi. The Plaintiff and the Defendants both have

their place of work in Delhi. A significant part of the cause of action has arisen in Delhi. Hence,

this Hon’ble Court has the territorial jurisdiction to entertain the present

Suit.

18. That the suit is within the period of limitation as provided for by the Limitation Act.

That no other or similar proceeding is filed or pending before any other

Court and the Plaintiff have no efficacious remedy but the instant Suit. The Plaintiff

reserves the right to present such additional facts, documents and grounds as may come

to their knowledge or possession hereafter.

19. That the instant petition is in the interest of justice and bona fide.

PRAYER

NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THIS HON’BLE COURT MAY BE

PLEASED TO:-

a) Pass an order directing the Defendants to publish an unconditional apology in any two

of the National Daily Newspapers both in Delhi and Kolkata;

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

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

media site to the Petitioner, his colleague and common friends;

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 c) Pass a decree/ order/ direction thereby awarding damages of Rs. 4, 00, 000/- (Rupees

Four Lakhs) against the defendant in favour of the Plaintiff towards loss of reputation

and goodwill and donate the same to the Bangla Sahib Gurudwara,

Connaught Place for the obnoxious acts done by the Defendants;

d) Pass a decree / order / direction thereby awarding punitive damages against the

defendant in favour of the plaintiffs as deemed fit by this Hon’ble Court, and / or;

e) Cost of the suit be awarded to the Plaintiff, and / or;

f) Any other relief that this Hon’ble Court deems fit in the facts and circumstances of the

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

PLAINTIFF

VERIFICATION:

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

………….of the plaint are true and correct to the best of our knowledge as well as based on information

derived from the records of the Plaintiff maintained in the ordinary course of business and what is stated

in paragraphs …… to ……..is based upon information received and believed to be true by us.

Paragraph ……. is the prayer to this Hon’ble Court.

PLAINTIFF

FILED THROUGH
39
 IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,

PATIALA HOUSE COURT, NEW DELHI

COMPLAINT NO. _______ OF 2023

IN RE:

MANOJ KUMAR ARYA ….COMPLAINANT

VERSUS

LALIT SHARMA ….ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT

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

1. That I am the complainant in the above noted case and is well conversant with the facts and
circumstances of the case and is competent to swear this affidavit.

2. That the accompanying application to the above complaint, has been drafted by the counsel under
my instructions and the contents of the same are true and correct to my knowledge and belief.
The contents of the said application may be read as part and parcel of this affidavit as the same
are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:
Verified at New Delhi on this _____ day of October, 2023 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

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DELHI

DATED:

IN THE COURT OF SESSIONS JUDGE (DISTRICT_________),DELHI

TIS HAZARI COURT, DELHI

ANTICIPATORY BAIL APPLICATION NO. _______ OF 2022

IN THE MATTER OF :-

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

VERSUS

STATE …Respondent

FIR NO._____ of 2022

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.

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

11. That the applicant bears a good moral character and can prove the same before this Hon’ble Court.

PRAYER

It is therefore most respectfully submitted that:

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

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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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