Chinmay Internship Diary

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INTERNSHIP DIARY
A DIARY
SUBMITTED TO
LAW CENTRE II, FACULTY OF LAW
UNIVERSITY OF DELHI
IN FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF
LL.B.
SUBMITTED BY:
CHINMAY LENKA
SECTION: ‘B’
SUBJECT CODE: LB- 501
EXAM ROLL NO:172174
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INDEX
S NO. TOPIC PAGE NO.
01. Declaration 2
02. Acknowledgement 3
03. Certificate of internship 4
06. Daily Work -Observing the proceedings 5-23
07. Documents Drafted during the Internship Period 24-92

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DECLARATION
This declaration is made on the 18TH JULY 2017 at New Delhi that, this Internship Report is
prepared and drafted by me, under the aegis of Mr. LAL SINGH GAUTAM. His Area of
Practice included a wode range of Civil, Corporate and Criminal matters.
It contains the work that was assigned to me during this internship, and successfully
accomplished from my side.
This report is a sincere attempt at compilation of the aforementioned work. Its submission is a
partial fulfilment of the requirement for the award of Bachelor of Law,LL.B (Hons.) degree.
This report is the original work prepared by CHINMAY, a Student of LAW CENTER II,
faculty of law, UNIVERSITY OF DELHI, Semester-5 th in fulfillment of requirement for
internal assessment under the supervision of my teacher.
Neither the said work, nor any part thereof has earlier been submitted to any University or
institution for the award of any degree or diploma.
CHINMAY LENKA
EXAM ROLL NO:172174
CLASS ROLL NO: 177064
LL.B. (Hons.) 3rd Year
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ACKNOWLEDGMENT.
I would like to express my heartfelt thanks to Mr. LAL SINGH GAUTAM, Advocate for
allowing me to work under his guidance in the field practices. His valuable suggestions and
guidance made the whole experience very memorable, informative and enlightening. He
entrusted me with tasks like making case briefs, and carrying out research work, drafting
petitions etc. At every level he provided a hand of support which enhanced my practical
knowledge of the said field. I would like to thank him for the legal procedural guidance and
moral support extended from time to time to enable me accomplish this training.
I would also like to express my sincere gratitude towards Prof. Ms Jupi Gogoi, who helped
me make this internship report.
I have received help and encouragement from my friends and number of people on
completing this report and would like to take this opportunity to thanks them all.
INTERN’S NAME
CHINMAY LENKA
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DAILY REPORT
As an intern, I had much to learn and much to observe. I just had a very basic idea as to how
courts work and as to how a lawyer proceeds with a case and also how he or she carries
himself in a court of law.
In my daily report I have included all the observations I made by attending various court
proceedings during the course of my internship.
I was given opportunity to draft several documents ranging from matters related to criminal
proceedings, civil proceedings and Corporate Compliance. I was also given research work on
various topics as well as various case laws. I have included them in my daily report.
As time went by, I got accustomed to the working of the courts and the procedural formalities
that are needed to be undertaken.
PART-A: Daily Work -Observing the proceedings
1st JUNE, 2017

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This was my first day at the internship and I got acquainted with Mr LAL SINGH
GAUTAM and his associate Mr SANJAY. They asked about my interests in the legal field
and made sure that I was comfortable.
The first thing that I was asked to do was to go to Dwarka Court and attend proceedings in
the below mentioned matter:
STATE V. CHAUDA MATTHA
● It was a case against the accused who had multiple charges of Theft (Chain Snatching),
wherein we were supposed to furnish bail for the accused.
● I was also entrusted with the task of filing Form for Bail bond to be filled and to be
presented before the magistrate, with a copy of identification for the accused,
identification for the surety and bail money in terms of the surety's vehicle.
.
6th JUNE, 2018
On the 6th JUNE, 2018, attended the hearing in the case
IN THE MATTER OF:
PAYAL SETH V. XYZ INDIA LTD.

The present IBC petition was filed by Financial Creditors (FC) u/s 7 Rule 4 of the Insolvency
and Bankruptcy code, 2016 on 01.04.2012
● The Applicant/Financial Creditor filed booked a residential apartment “Apartment

No. MGP PS- 2/10a M3M GOLF ESTATE- POLO SUITES, sector- 65, Gurugram”
with the Corporate Debtor (CD).
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● Corporate Debtor inform the Applicant about the allotment of the property on
provisional basis.
● Installments paid by FC:
Amount Date Rate Annexure
62,93,700/- 15.03.2012 10% of BSP
66,50,238/- 13.06.2012 10% of BSP
(Demand notice) 13.06.2012
1,28,36,066/- 12.02.2013 20% of BSP
Payment of final installment failed due to the failure in handing over the possession
within the stipulated time of 36months.
● Raised demand of Rs. 1,28,36,066/- i.e. 20% which was to be made at the time of
commencement of excavation of site.
● Inspection by FC, found that there was no site of construction demarcated by
POLO suites and also that no construction activity of any nature had commenced on
the site, and as a result the installment amount raised on 06.11.2012 was not payable
by FC. Despite above all, CD pressed for 20% payment & threatened to levy 24%
interest on failure of non-compliance. Therefore, the FC had to pay the 20%
installment i.e. Rs. 1,28,36,66/- under pressure.
● Execution of Apartment Buyer Agreement after lapse of 1 year,thus delaying the
allotment time of 36 months.
● After 4 years, allotment letter sent by CD to FC as “ Notice of Possession for
apartment no. MGF PS- 2/10a. '' The CD demanded for the remaining amount which
was due.
● Upon inspection by FC, the apartment was found not ready for possession, numerous
shortcomings were informed by FC through her replies along with photographs. Until
Jan 2018, the said apartment was not completed and none of the fittings were installed
in the bathrooms, kitchens etc. The CD (Respondents) failed to deliver the possession
within the stipulated time of 36months and even after the first grace period of 180
days, the possession was not handed over, furthermore as per clause 16.7 even on
expiry of second grace period of 12 months the possession was not handed over.
Thus, the allotment letter sent by the CD (Respondents) was frivolous and as per the
agreement the FC were entitled to cancel the ABA and seek a refund. Communicated
to CD through letter.
● Letter by the CD (Respondent) threatening the FC for payment of remaining amount
of Rs. 80,88,886/-.
● Failure by the CD (Respondents) in handing over the possession within 36 months for
more than 6 years, thus, FC (Applicant) sending a notice to CD seeking refund of the
entire amount of Rs. 2,57,80,004/- along with interest @ 24% p.a..
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● I was also entrusted with assistance in drafting a reply to the complaint to be filed in
National Company Law Tribunal.
7TH JUNE, 2018
IN THE MATTER OF:
SAURABH DESAI V. XYZ INDIA PVT. LTD.

FACTS:
● Financial Creditor hereinafter referred to as ‘FC’ had booked a flat worth
Rs.4,74,34,282/- in a project developed by Corporate Debtor hereinafter referred to as
‘CD’, namely ‘M33M Golf Estate’ situated at Sector- 65, Gurgaon vide application
dated 22.05.2012 by paying an amount of Rs. 21,00,000/-
● The CD vide a provisional letter dated 30.05.2012 to the FC, whereby FC was allotted
a residential apartment bearing no. MGE-2, TW- 01/06 admeasuring 307 sq.ft.
● The FC entered into a Buyer’s Agreement wherein detailed terms and conditions
governing the unit. In terms of Clause 16.1 of the Buyer’s Agreement, the CD was
liable to give possession to FC by 22.08.2016.
● The FC has made an aggregate payment of Rs. 4,19,13,912 i.e. approx. 85% of the
total consideration, CD has failed to deliver the possession within the stipulated
period of time.
● The FC was under a belief of getting possession of unit by August, 2016, and the
delay on the part of the Corporate Debtor in delivering the possession had frustrated
the purpose of purchasing it. FC made constant enquiries and CD kept making false
promises. After having several personal meetings and telephonic conversations and
physical visits to the site, Fc realising that CD is nowhere close to handover the
possession of the unit in August, 2016, sent a legal notice, whereby FC requested the
CD to refund the total amount paid by FC along with interest.
● Despite the issue of legal notice by FC and the demand for refund of amount paid to
the CD, CD has failed to return the amount to FC. Therefor, CD is in default of Rs.
9,48,01,803/, wherein Rs. 4,190,13,912/- is the principal and Rs. 5,128,87,891/- is the
compensation claimed for delay in refund.
● Hence, the present application.
● Assited in drafting the application based on these facts and attended the court
proceedings.
.
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8th JUNE, 2018
On 8th JUNE, attended the proceedings at NCLT in the matter:
NIRMAL BANSAL V. ABC WATERFRONT PVT. LTD.
FACTS:
The present IBC petition was filed by Financial Creditors (FC) u/s 7 Rule 4 of the Insolvency
and Bankruptcy code, 2016 on 01.04.2012.
01. The Applicant/Financial Creditor filed booked a residential apartment “Apartment
No. MGP PS- 1/09a M3M GOLF ESTATE- POLO SUITES, sector- 65, Gurugram”
with the Corporate Debtor (CD).
02. Corporate Debtor inform the Applicant about the allotment of the property on
provisional basis. (ANNEXURE- A-8 (colly) @ Pg. no. 111-112) & payment plan
given by CD to FC.
03. Installments paid by FC:
Amount Date Rate Annexure

50,14,800/- 03.01.2012 10% of BSP
52,73,062/- 10.04.2012 10% of BSP
25,826/- 18.04.2012 service tax
1,03,39,515/- 08.01.2013 20% of BSP
Payment of final installment failed due to the failure in handing over the possession
within the stipulated time of 36months.
04. Raised demand of Rs. 1,03,39,515/- i.e. 20% which was to be made at the time of
commencement of excavation of site.
05. Inspection by FC, found that there was no site of construction demarcated by
POLO suites and also that no construction activity of any nature had commenced on
the site, and as a result the installment amount raised on 06.11.2012 was not payable
by FC. Despite above all, CD pressed for 20% payment & threatened to levy 24%
interest on failure of non-compliance. Therefore, the FC had to pay the 20%
installment i.e. Rs. 1,28,36,66/- under pressure.
06. Execution of Apartment Buyer Agreement after lapse of 1 year, thus delaying the
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allotment time of 36 months.

07. After 5 years, allotment letter sent by CD to FC as “ Notice of Possession for
apartment no. MGF PS- 1/09a. '' The CD demanded for the remaining amount which
was due.
08. Upon inspection by FC, the apartment was found not ready for possession, numerous
shortcomings were informed by FC through her replies along with photographs. Until
Jan 2018, the said apartment was not completed and none of the fittings were installed
in the bathrooms, kitchens etc. The CD (Respondents) failed to deliver the possession
within the stipulated time of 36months and even after the first grace period of 180
days, the possession was not handed over, furthermore as per clause 16.7 even on
expiry of second grace period of 12 months the possession was not handed over.
Thus, the allotment letter sent by the CD (Respondents) was frivolous and as per the
agreement the FC were entitled to cancel the ABA and seek a refund. Communicated
to CD through letter.
09. Letter by the CD (Respondent) threatening the FC for payment of remaining amount
of Rs. 65,76,766/-.
10. Failure by the CD (Respondents) in handing over the possession within 36 months for
more than 6 years, thus, FC (Applicant) sending a notice to CD seeking refund of the
entire amount of Rs. 2,06,53,203/- along with interest @ 24% p.a.
11. Present complaint filed.
9TH JUNE, 2018

I assisted the advocate in drafting a demand notice by Thomas Global Logistics Private
Limited, under Rule 6 of Insolvency And Bankruptcy Rules (Application to Adjudicating
Authority) 2016 for recovery of an operational debt against Amaze Global Logistics. The
Draft has been attached in Part B of this internship report.
12th JUNE 2018
On 12th JUNE , attended the hearing in the matter:

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Navmi Sharma v. Neeraj Sharma
In the court of Ms. Manu Vedwan, Metropolitan Magistrate Mahila Court, Tis Hazari
Application made under section 12 of Protection of Women from Domestic Violence Act,
2005.
The matter is at the stage of cross examination.
FACTS
Representing the complainant
● Marriage between the complainant and the respondent was solemnized in 1998. Post their
marriage the respondent’s demeanour changed and she was subjected to aggressive
behaviour and was also asked to part away from her jewellery.
● She was not allowed to complete her education and was taunted every day for not bringing
sufficient dowry.
● The complainant alleges that the respondent is a drunkard and has had multiple affairs post
their marriage also and lost one of her child due to the physical atrocities she was
subjected to.
● Even post the birth of her female child her sufferings did not come to an end. She was
pressurised to have a male child even though she was not physically fit.
● There were instances where the respondent’s father-in-law tried to sexually abuse her and
her elder daughter.
● Thus, the complainant was subjected to extreme physical, emotional and financial abuse
by the respondents.
● The abuse in the matrimonial home has mounted to a point where the complainant and her
children were in danger of their life and it was important for their safety to remove them
from their matrimonial home and thus seeks relief from the honourable court.
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13th JUNE, 2018
In the matter of:
SWAPNIL CHAUDHARY v . VIKAS DHANDA
CROSS EXAMINATION
The Case of Cheating and dishonestly inducing delivery of Property. the accused person was
tried under section 406/420 of IPC 1860. The accused was alleged to flew away wit amount
of rs.6,00,000 of the complainant. The cross examination of the complainant was to be done
on that day. Counsels of both the parties were present. Counsel of the started the cross
examination of the complainant by asking multiple question regarding whether the accused
was employed by him, what was the term of his job, who managed the collection of
payments, who managed the accounts. Etc. the complainant was asked to produce the salary
slips and other documents on the next date. The cross examination was further deferred.
Observation:
The judge was taking part actively and was listening to the complainant closely. The counsel
for complainant was scolded by judge for intervening and guiding what to answer to the
complainant. At some point of time the use to hint by saying word ‘chakma’ to complainant,
that it’s a tricky and trap question. The counsel appearing for the accused was very sharp in
pointing out certain things that could turn out to be in his favor. Both the counsels sometime
arguing with each other. Both honored what the judge was saying. The court was adjourned.
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Later on after attending cases in the court I was provided to research on the liability of the
defendant party in case of dishonoring of cheque u/s 138 of the Negotiable Instrument Act,
1881. I was required to read case file of the running case in which a lady named SHABANA
lent amount of Rs 2,60,000 or Rs.60000 to one called Heena in exchange of a cheque issued
amount of rs. 260000 or rs. 60000. I was required to find whether could be held liable or not
for adding extra digit 2 before 60000. Whether there was over writing on the part of plaintiff.
We prepared the question to be asked in cross examination of a witness next day to the
defendants’ witness.
14TH JUNE, 2018
In The Matter of:
RITURAJ MOHANTY V. KEERTI ATRI
Both the accused and the plaintiff were present and their counsels as well. Sir appeared from
the side of plaintiff. It was a matter of s-138 of NI act 1881.
The cross examination of witness of defendant was to happen, but the witness did not appear
before the court. Accused was fined because of coming late that day, and was ordered to pay
cost of rs. 500 to the complainant as travel charges. And the court was adjourned. Before the
call of the case , the plaintiff came 20 minutes earlier to ask sir what to say and what not to
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say . The plaintiff was a lady and was tired of attending dates, wanted to be free from this
case and get the money as early as possible. When I entered a courtroom, I was surprised
because it was smaller than I imagined. Only about six to seven chairs for the audience were
there. I could feel that the structure was not welcoming to spectators. I think that it was
designed intentionally to limit seating since family matters are so intimate and can be
embarrassing if revealed to the public. But what bothered me was that I personally thought
that the accused party had already paid that amount in greed of extra money the plaintiff has
filed the case. I discussed about it with sir and he said we will have to think about our client
we have to win his trust once we have agreed to take up the case.
15th JUNE, 2018
In the matter of:
KETKI SURI V. ABHISHEK VIRMAN
Facts:
It was a case of Cheque bounce under Section 138 of Negotiable Instrument Act, 1881.
According to Ketki Srui, Abhishek Varman owed some payments due to the her. The
respondent took the defence that he had cleared the payment even before the suit was filed.
The petitioner company submitted the documents pertaining to the due payment.
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Proceedings:
The court issued a bailable warrant of 20,000 rupees and issued a future date, as the accused
had persistently avoided presenting himself before the court of consecutive dates.
Observations:
One of the parties had been persistently trying to extend the proceeding by taking defences
that were not backed by any documentary proof. Also, the accused was avoiding coming
before the court on the basis of petty excuses which was unnecessarily prolonging the
proceedings. The judge veritably delivered a tough order after the repeated excuses of the
accused to not present himself before the court.
In the matter of:
Anjali Dhawan v. Delhi Public School & Ors.
FACTS:
Here, the Complainant was a teacher in the Defendant School and she was removed from her
job arbitrarily after extending her contract from time to time many a times; stating that she is
not qualified for the post. She had earlier abandoned her job n the Architectural firm when
she was convinced to accept this job and pursuant to this she did B.Ed from CCS University,
result of which is awaited.
PROCEEDINGS:
The Defendant school had to submit their written statement but they could not do so stating a
technical reason for the default on their part. The Court fixed a next date of hearing after
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admonishing the opposite party and said that it was the last chance for them to file the written
statement and argue the matter failing which they will lose their right to argue and the
Tribunal will proceed further with the proceedings as it was causing harm to the Complainant
who was appearing on every date diligently and had to go through the mental agony due to
the loss of job.
OBSERVATIONS:
I observed that the Tribunal was quite strict in its course of action which is appreciable as the
conduct the Defendant party was causing delay in serving justice and was also abusing the
process of law. Think that such stands and conduct of any party should be dealt strictly by the
Court in order to dissuade such malpractices.
COURT’s HOLIDAYS (16th JUNE, 20178 to 2nd JULY, 2018)

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3rd JULY, 2018
An Application under Rule 6 of the Insolvency And Bankruptcy Rules 2016had to be filed
before the Hon’ble National Company Law Tribunal and i was asked to assist in drafting the
application in the case of, and the following draft has been attached in Part B of this
Internship Report :
Thomas Global V. Tescos Logistics Pvt. Ltd.
FACTS
● The Corporate Insolvency Resolution Process had to be initiated against the Respondent as
● The total amount of debt due and payable by the Corporate Debtor to the Operational
Creditor is Rs.5,98,509.00 (Rupees Five Lakhs Ninety Eight Thousand Five Hundred and
Nine only) on account of logistic services provided by the Operational Creditor to the
Corporate Debtor. The Operational Debt is due from 10.04.2017, the date on which the
Operational creditor issued Invoice to the Corporate Debtor vide Bill No. TGL/17/0012.
4th JULY, 2018
There was no listed matter for us today for a change. I was given an opportunity to draft a
legal notice for termination of lease on behalf of our client, Smt. Kusum Jain. In the present
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case, I was asked to draft a legal notice to the tenants of our clients terminating the lease as
they were not paying as the rent in accordance with the lease agreement.
After drafting the notice, I was asked to read the case file of Sunil Kumar Gupta vs
Government of NCT of Delhi & ors, in which the third financial upgradation of the Modified
Assured Career Progression Scheme was under dispute.
5th JULY, 2018
The first matter was in Tis Hazari Court titled Jagdish Goel vs Geeta Sachdeva listed for
arguments under Section 138 NI Act.
The second matter was in High Court of the case title Virendra Goel v State Gun, which was
dismissed as withdrawn.
After attending the matters, I was made to research on maintainability of Consumer
Compliant when the goods are meant for Commercial Purposes? To this I found that as far as
the words "commercial purpose" and livelihood" are concerned neither of these terms have
been defined under the Consumer Protection Act or under the Rules framed therein.
Therefore, interpretation of these words is to be seen as per the facts of the case and the
judgments as have been elucidated by the courts in a number of cases.
6th JULY, 2018

The first matter for the day was listed in High Court for the case titled National Agriculture
Cooperative Marketing Federation of India vs Union of India, where I witnessed the
arguments presented by the Counsel. Due to time constraints, the matter was then adjourned
to 17th October, 2017.
I then assisted the Counsel in inspection of files. I realised that whatever inspection is done in
the Court is being recorded and is done only after payment of requisite Court Fees i.e. Rs. 5 if
inspection is done in due course and Rs. 10 if inspection is done on an urgent basis.
I then witnessed mediation proceedings in the matter of Ramanand Gupta vs Unitech The
mediator-advocate however was sick and took the day off after a brief hearing. Since the
Counsel was busy, I then recorded the date on behalf of my client which was 24th September,
2018.
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On reaching the office I was made to research on quashing of FIR in non-compoundable

cases. I observed that Complaints/FIRs are generally quashed by High Courts on an
application under Section 482 CrPC and not on behest of Complainants unless the case in
question predominantly bears civil flavour.
7th JULY, 2018
The first matter for the day was listed in Dwarka Court for the case titled M/s Trans Alma
Solutions Pvt Ltd v Alka Gupta. The said matter was listed for cross examination by the
Counsel. What I observed from the said cross examination was that the Counsels are not
supposed to ask leading questions to the witnesses/accused and the art of cross examination
lies in getting all the correct answers from them without actually raising objections.
The next case was related to withdrawal of the suit pursuant to a settlement reached between
the parties before the Hon’ble High Court. The clients realised that this litigation would be a
frivolous one and therefor the Counsel was asked to not continue it further. The suit therefore
was dismissed as withdrawn.
After attending the matters for the day I was made to research on some definitions under sec
2 of the Payment of Gratuity Act.
Once that was done I drafted an index of important dates for a case titled National
Agriculture Cooperative Marketing Federation of India vs Union of India.
10TH JULY, 2018
The first matter was listed in Rohini Court titled Anil Gupta vs. Narayan Singh Sagar. It
was a matter of permanent injuction under Order 39 CPC. The Court was of the view that the
Defendants were intentionally evading service of summons and hence certified that if the
Defendants failed to appear on the next hearing, the matter would be heard and determined
ex-parte.
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I then I applied for certified copies by myself today in Patiala House Courts. First the
application is given to the reader and then its approved by the respective judge assigned to the
case. I witnessed a lot of other staff members inquiring about the certified copies on the next
window. I got to know that the certified copy could be procured at an earlier time by paying a
mark-up fee.
11TH JULY, 2018

Today, I went to the office of the Advocate to learn the substantial and nitty gritty methods to
maintain an office of the Advocate.
Law Library: I found it full of various files and books; it was an office cum law library,
containing digests, AIR and other legal references.
Case Files: It had one full almirah or rack for the case files which had been disposed off but
kept for record. Another rack was for the cases which are pending or going in the courts. It
was further categorized as per the Court in which the case was pending like- all cases pending
before the Rohini Court were put in one row and similarly others were placed in different
rows.
Client Register: All the records as to which case started when and who approached the
Advocate and on what date etc. were recorded in this register. It also mentioned the rack
number in which the client's file is put so that it became easy to have access to it anytime
without much struggle.
Maintenance of Accounts: It was maintained by the Munshi of the Advocate. It involved
different methods as how to charge fees from the Client. It involved charging fixed minimum
fees in few cases, fees per appearance, fees for the documentation, fees for stationery things,
fees for printing and typing etc.
I learnt how to maintain files and record of the cases.Moreover, the importance of
maintenance of law library and a disciplined decorum so as to make the client comfortable so
that he can feel ease while telling his case which shall be really helpful and relevant in
contesting the case.
12TH JULY, 2018

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There was no matter listed in the Courts for the day. Therefore I researched on judgements on
law regarding sec 138 of Negotiable Instrument act. I happened to come across the case
of Rajesh Aggarwal v. the State and Anr [171 (2010) DLT 51], pronounced by the Hon’ble
Delhi High Court, whereby it stated the following: The offence under section 138 of N.I. Act
is an offence in the personal nature of the complainant and it is an offence made under N.I.
Act so that the trust in commercial transactions is not destroyed because of the
dishonour of cheques. When it is within the special knowledge of the accused as to why he is
not to face trial under section 138 N.I. Act, he alone has to take the plea of defence and
burden cannot be shifted to complainant. There is no presumption that even if an accused
fails to bring out his defence, he is still to be considered innocent. If an accused has a
defence against dishonour of the cheque in question, it is he alone who knows the defence
and responsibility of spelling out this defence to the court and then proving this defences is
on the accused.
13TH JULY, 2018

First matter was a mediation listed in Patiala House Courts. I accompanied Counsel in Patiala
House Mediation Centre for settlement of a case under Section 138 Negotiable Instruments
Act. The mediation proceedings failed to yield fruitful result and therefore the case was sent
back to Hon’ble Court for adjudication.
Since the day was comparatively easy, I used this time to go through the files of other cases
at the chamber. I got to know the types of documents attached for evidence in the files and
their sequencing, namely MLC Report, Ruqqa, Tehreer, Roznamccha, Supardarinaama, etc.
14TH JULY, 2018
I was given the case file S.K. Kochar Vs. Mr. Sumesh Wadhwa to be read thoroughly. It
was suit filed u/s 138 of Negotiable Instruments Act. I was to assist one of the Associates in
drafting of an Affidavit. I learnt that Affidavit is a written statement on Oath and is used as an
evidence in the Court of Law. An Affidavit follows a different but set pattern of drafting,
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which includes necessary usage of words “I hereby solemnly declare that the facts given
above are true to the best of my knowledge and belief.”
Apart from the above, I also understood how an advocate maintains his diary and how it is
kept up-to-date. I was then asked to find and print some orders from the High Court website
in the cases which would come up for hearing in the coming days. I didn’t visit the court that
day and read files sitting in the chamber itself.
15TH JULY, 2018

I accompanied Counsel to High Court where the matter titled P.S. Gill v. Union of India was
listed. The case was concerned with Prevention of Corruption Act.
I then witnessed two arbitration proceedings. The matter in which we represented one of the
parties was presided over by a retired ADJ. In the other matter, we were the arbitrator. These
matters concerned settlement of payment between the parties. There were no other matters
listed in the court for us.
16TH JULY, 2018
I accompanied Counsel to NCLT (National Company Law Tribunal) to ascertain orders

passed in Numerous matter for and against M3M India Pvt. Ltd. in Court Numbers 2,3,4 & 6.
I assisted the counsel with inquiry and consolidation of the orders and Next dates of hearing.
18TH JULY, 2018
I assisted the counsel with research pertaining to Directions passed by Supreme Court in
Filing Of F.I.R. in Non- cognisable offences for a client who was wrongfully dispossessed of
his property in the area of Malviya Nagar, Delhi. There were no matters listed in courts
today.
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PART B: LEGAL DOCUMENTS DRAFTED DURING THE INTERNSHIP
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

BENCH AT NEW DELHI
CP NO. OF 2019
IN THE MATTER OF:

Application by Operational Creditor to initiate Corporate Insolvency Resolution
Process under the Code.
[Under Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating
Authority) Rules, 2016]
AND
IN THE MATTER OF:
THOMAS GLOBAL LOGISTICS PRIVATE LIMITED

....Operational
Creditor
V/s
TESCOS LIFE CARE PRIVATE LIMITED

…...Corporate Debtor
INDEX
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S. No. PARTICULARS PAGE
1. Form 5 alongwith the Affidavit.
2. Annexure A- 1
Copy of the board resolution dated [•].
3. Annexure A-2
The copy of the invoices
4. Annexure A-3
The original consignment receipt showing
the consignment details.
5. Annexure A-4
The copy of the Cheque.
6. Annexure A-5
The copy of the ledger showing the
payments received and the outstanding
payments.
7. Annexure A-6
The copy of the emails dated……..
8. Annexure A-7
25
That the email dated 11.01.2019
9. Annexure A-8
That the email dated 29.06.2017
10. Annexure A-9
The copy of the demand notice dated
09.09.2019.
11. Annexure A-10
Copy of the workings for computation of
default.
12. Annexure A-11
Copy of the Statement of Bank in respect to
amounts received from Corporate Debtor.
13. Annexure A-12
Copies of the audited and unaudited balance
sheet of Tescos Life Care Private Limited.
14. Annexure A- 13
Demand Draft
15. Vakalatnama
26
16. Proof of service
APPLICANT/OPERATIONAL CREDITOR
LAL SINGH GAUTAM

CG-4, 405, SUPERTECH CAPETOWN,SECTOR-74, NOIDA, U.P-201301.
FORM 5
[See sub-rule (1) of rule 6]
APPLICATION BY OPERATIONAL CREDTOR TO INITIATE
CORPORATE INSOLVNCY RESOLUTION PROCESS UNDER THE CODE
[Under Rule 6 of the Insolvency and Bankruptcy
(Application to Adjudicating Authority) Rules, 2016]
….10.2017
To:
Hon’ble National Company Law Tribunal
Block No.3, Ground, 6th, 7th and 8th Floor,
CGO Complex, Lodhi Road,
New Delhi-110003.
From:
Registered office at:
27
20- D, Pocket-2, Sector-6,

Dwarka, New Delhi-110075
Also at:
678-A, Shahbad,
Mohommadpur, near sai mandir,
New Delhi-110061.
In the matter of Tescos Life Care Private Limited
Subject: Application to initiate corporate insolvency resolution process in
respect of Tescos Life Care Private Limited under the Insolvency and
Bankruptcy Code, 2016
Madam/Sir,
Thomas Global Logistics Private Limited, hereby submits this Application to
initiate a corporate insolvency resolution process in the case of Tescos Life Care
Private Limited. The details for the purpose of this Application are set out
below:-
PART-I
PARTICULARS OF APPLICATION
1. NAME OF OPERATIONAL CREDITOR Global Logistics Private

28
Limited
2. IDENTIFICATION NUMBER OF CIN No.
OPERATIONAL CREDITOR (IF ANY) U63090DL2015PTC278952
3. ADDRESS FOR CORRESPONDENCE OF Regd. Office:
THE OPERATIONAL CREDITOR

Dwarka, New Delhi-
110075.
Also at:
678-A, Shahbad,
Mohammadpur, near sai
mandir,
New Delhi-110061.
Also through counsel:
LAL SINGH GAUTAM
CG4, 405, Supertech
Capetown, Sector-74, Noida,
U.P-201301.
PART-II
29
PARTICULARS OF CORPORATE DEBTOR
1. NAME OF THE
CORPORATE DEBTOR
2. IDENTIFICATION NUMBER CIN- U36100DL2012PTC234719
OF CORPORATE DEBTOR
3. DATE OF INCORPORATION 24.04.2012
OF CORPORATE DEBTOR
4. NOMINAL SHARE CAPITAL 1. Paid up share capital - 1500000
AND THE PAID UP SHARE
CAPITAL OF THE 2. Nominal Share capital - 2000000
CORPORATE DEBTOR
AND/OR DETAILS OF
GUARANTEE CLAUSE AS
PER MEMORANDUM OF
ASSOCIATION (IF
APPLICABLE)
5. ADDRESS OF THE Registered Office:
REGISTERED OFFICE OR
2/215, Maharaja Agrasain Commercial
PRINCIPAL OFFICE OF THE Complex, Sector-9, Rohini, New Delhi-
110085.
CORPORATE DEBTOR
6. NAME, ADDRESS AND That [•] has been authorized by the

30
AUTHORITY OF PERSON company Thomas Global Logistics Private
SUBMITTING Limited. vide Board Resolution dated [•]
APPLICATION ON BEHALF to act on behalf of the Operational
OF OPERATIONAL Creditor.
CREDITOR (ENCLOSE
AUTHORIZATION) The authorized Representative is hereby
authorized to represent the Operational
Creditor before this Hon’ble Tribunal.
Regd. Office:

Dwarka, New Delhi-110075.
Also at:
678-A, Shahbad,
New Delhi-110061
The copy of the Board Resolution dated
[•] is hereto annexed and marked as
ANNEXURE A- 1.
7. NAME AND ADDRESS OF Mr. [•]
PERSON RESIDENT IN
31
INDIA AUTHORIZED TO Authorized Representative
ACCEPT THE SERVICE OF
PROCESS ON ITS BEHALF Regd. Office:
(ENCLOSE
AUTHORIZATION) 20- D, Pocket-2, Sector-6,
Also at:
678-A, Shahbad,
Mohammadpur, near sai mandir,
New Delhi-110061
Thomas Global Logistics Private Limited
(Operational Creditor), is a private limited
company registered under the Companies
Act, 2013. Its Board, at its [•] meeting
held on [•], authorized [•] to file necessary
application under the provisions of the
Insolvency and Bankruptcy Code, 2016,
on behalf of the Operational Creditor to
initiate Corporate Insolvency Resolution
Process against the Corporate Debtor and
also to accept the service of process on
behalf of Operational Creditor. The copy

32
of the Board resolution has been annexed
herewith as Annexure A-1.
LAL SINGH GAUTAM
CG4, 405, Supertech Capetown, Sector-
74, Noida, U.P-201301.
PART-III
PARTICULARS OF THE PROPOSED INTERIM RESOLUTION
PROFESSIONAL [IF PROPOSED]
1. NAME, ADDRESS, E-MAIL ADDRESS Name: NIL
AND THE REGISTRATION NUMBER

Address :
OF THE PROPOSED INTERIM
E-mail-id :
RESOLUTION PROFESSIONAL
Regn. No.:
PART-IV
PARTICULARS OF OPERATIONAL DEBT

33
1. TOTAL (a) The total amount of debt due and payable by the
Corporate Debtor to the Operational Creditor is
AMOUNT
Rs.5,98,509.00 (Rupees Five Lakhs Ninety Eight
OF DEBT,
Thousand Five Hundred and Nine only) on account
DETAILS OF of logistic services provided by the Operational
Creditor to the Corporate Debtor. The Operational
TRANSACTI
Debt is due from 10.04.2017, the date on which the
ONS ON
Operational creditor issued Invoice to the Corporate
ACCOUNT Debtor vide Bill No. TGL/17/0012.
OF WHICH
DEBT FELL The copy of the invoices is annexed herewith as Annexure

A-2.
DUE, AND
THE DATE
(b) That the Operational Creditor is a company
FROM
incorporated under the Companies Act, 2013 and
WHICH
managed by industry professionals with 24 years of
SUCH DEBT expertise in end to end logistics solutions. The
company is incorporated with an aim to provide
FELL
seamless logistics solutions with reliability and
integrity.
(c) That the Corporate Debtor is a company incorporated

in the Companies Act, 1956. The Corporate Debtor is
engaged in located on the periphery of New Delhi, as
manufacturers of human pharmaceuticals and animal
34
health products.
(d) That the Corporate debtor approached the Operational

Creditor in the year 2017 for handling freight
movement of export shipment from New Delhi, India
to Netherlands and Germany. That the Corporate
Debtor wanted to export goods and hence wanted
freight services from the Operational Creditor.
(e) That in April, 2017 once the Corporate Debtor

approached the Operational Creditor, the Operational
Creditor sought various documents such as Know Your
Customer (KYC) details, bio data of the Corporate
Debtor, copy of the passport, GST Number and Pan
details. The Operational Creditor after due diligence
agreed to export goods from New Delhi, India to
Netherlands and Germany.
(f) That the commercials were discussed between the

Corporate Debtor and the Operational Creditor and the
Corporate Debtor agreed to pay a sum of
Rs.14,99,799.00 (Rupees Fourteen Lakhs Ninety Nine
Thousand Seven Hundred and Ninety Nine Only) for
freight services from New Delhi, India to Amsterdam,
Netherlands and Rs.11,15,825.00 (Rupees Eleven
Lakhs Fifteen Thousand Eight Hundred and Twenty
Five Only) for freight services from New Delhi, India
35
to Frankfurt, Germany to the Operational Creditor.
(g) That the Operational Creditor requested the Corporate

Debtor to make part payment before the consignment is
shipped but the Corporate Debtor with a malafide
intension did not make any payments.
(h) That the Corporate Debtor promised to make the

necessary payments in favour of the Operational
Creditor once the goods were exported to the consignee
in Amsterdam, Netherlands and Frankfurt, Germany.
(i) That the Operational Creditor provided the freight

services to the Corporate Debtor and the goods were
exported from New Delhi, India to Amsterdam,
Netherlands and Frankfurt, Germany. That the
Operational Creditor complied with its part of
agreement and did the needful.
(j) That the Operational Creditor issued an invoices dated

10.04.2017 in favour of the Corporate Debtor for an
amount of Rs.14,99,799.00 (Rupees Fourteen Lakhs
Ninety Nine Thousand Seven Hundred and Ninety
Nine Only) for freight services from New Delhi, India
to Amsterdam, Netherlands and Rs.11,15,825.00
(Rupees Eleven Lakhs Fifteen Thousand Eight
Hundred and Twenty Five Only) for freight services
36
from New Delhi, which included Air Freight charges,

AWB Fees, Airport Authority Charges, Airline
Maintenance, Service tax, S.B. Cess and K.K Cess.
(k) That the goods were exported by the Operational

Creditor through Emirates freight services. The
original consignment receipt showing the consignment
details have been annexed herewith as Annexure A-3.
(l) That the Corporate Debtor issued a post dated cheque

bearing cheque number 201589 drawn on Punjab
National Bank, Nehru Enclave, New Delhi-110019
dated 30.04.2017 for an amount of Rs.10,93,509.00
(Rupees Ten Ninety Three Thousand Five Hundred
and Nine Only). The copy of the Cheque has been
annexed herewith as Annexure A-4.
(m) That when the Operational Creditor was going to

deposit the above mentioned postdated cheque the
Corporate Debtor requested the Operational Creditor
not to present the same because the Corporate Debtor
is going through some financial distress and the bank
account of the Corporate Debtor has been seized by
Debt Recovery Tribunal in some other case and hence
the cheque will be dishonoured.
(n) That the Operational Creditor in order to maintain good

37
and long-term relations with the Corporate Debtor,

agreed and did not deposit the postdated cheque.
(o) That the Corporate Debtor has paid an amount of

Rs.20,17,115.00 (Rupees Twenty Lakhs Seventeen
Thousand One Hundred and Fifteen Only) out of
Rs.26,15,624.00 (Rupees Twenty Six Lakhs Fifteen
Thousand Six Hundred and Twenty Four Only) i.e
Rs.14,99,799.00 (Rupees Fourteen Lakhs Ninety Nine
Thousand Seven Hundred and Ninety Nine Only) and
Rs.11,15,825.00 (Rupees Eleven Lakhs Fifteen
Thousand Eight Hundred and Twenty Five Only). The
balance outstanding amount is Rs.5,98,509/- (Rupees
Five Lakhs Ninety Eight Thousand Five Hundred and
Nine Only). The copy of the ledger showing the
payments received and the outstanding payments has
been annexed herewith as Annexure A-5.
(p) That the Operational Debtor accepted part payments

for the convince of the Corporate Debtor but the
default has occurred from the date of the invoice.
(q) That the Operational Creditor has been repeatedly

making request to the Corporate Debtor to refund the
outstanding amount. That the Corporate Debtor
promised the Operational Creditor that the balance
amount of Rs.5,98,509/- (Rupees Five Lakhs Ninety
Eight Thousand Five Hundred and Nine Only) will be
38
paid within 2 (two) months but the same is outstanding.

But on the other hand the Corporate Debtor kept on
seeking time to payment the payments but actually
never paid the outstanding amount.
(r) That the Operational Creditor wrote various emails to

the Corporate Debtor requesting the Corporate Debtor
to make the outstanding payments but the Corporate
Debtor failed to pay the outstanding amount. The copy
of the emails dated…….. has been annexed herewith as
Annexure A-6.
(s) That the Operational Creditor also wrote emails to the

Corporate Debtor but there was no avail. That on
11.01.2019 the Operational Creditor again reminded
the Corporate Debtor about the repayment of the
outstanding amount. The said Operational Debt is an
admitted debt and the Corporate Debtor is liable to
make the necessary payments. That the Corporate
Debtor vide its email dated 29.06.2017 has admitted to
the claim. That the email dated 11.01.2019 and
29.06.2017 has been annexed herewith as Annexure
A-7 and A-8 respectively.
(t) That the Corporate Debtor is still liable to make

payments towards the outstanding amount of
Rs.5,98,509/- (Rupees Five Lakhs Ninety Eight
39
Thousand Five Hundred and Nine Only).
(u) Hence, the Operational Creditor had sent the Corporate

Debtor a demand notice under section 8 of the
Insolvency and Bankruptcy Code, 2016 on 09.09.2019.
The copy of the demand notice dated 09.09.2019
alongwith the proof of service has been annexed
herewith as Annexure A-9.
(v) That the Corporate Debtor choose not to reply to the

demand notice issued by the Operational Creditor.
(w) That left with no other option the Operational Creditor

is filing the present Insolvency Petition before this
Hon’ble tribunal.
2. AMOUNT (a) Rs.5,98,509/- (Rupees Five Lakhs Ninety Eight

Thousand Five Hundred and Nine Only).
CLAIMED
TO BE IN
DEFAULT The default occurred on 12.04.2017..

AND THE
DATE ON
Copy of the workings for computation of default of
WHICH THE
operational debt is hereto annexed and marked as Annexure
DEFAULT
40
OCCURRED A-10.
(ATTACH
THE
WORKINGS
FOR
COMPUTAT
ION OF
AMOUNT
AND DATES
OF
DEFAULT
IN
TABULAR
FORM)
PART-V
PARTICULARS OF OPERATIONAL DEBT [DOCUMENTS, RECORDS
AND EVIDENCE OF DEFAULT]
1. PARTICULARS OF ANY SECURITY NA
HELD, IF ANY, THE DATE OF ITS

41
CREATION, ITS ESTIMATED
VALUE AS PER THE CREDITOR
[ATTACH A COPY OF A
CERTIFICATE OF REGISTRATION
OF CHARGE ISSUES BY THE
REGISTRAR OF COMPANIES (IF
THE CORPORATE DEBTOR IS A
COMPANY)]
2. DETAILS OF RESERVATION/ NA
RETENTION OF TITLE
ARRANGEMENTS (IF ANY) IN
RESPECT OF GOODS TO WHICH
THE OPERATIONAL DEBT
REFERS
3. PARTICULARS OF AN ORDER OF NA
A COURT, TRIBUNAL OR
ARBITRAL PANEL
ADJUDICATING ON THE
DEFAULT, IF ANY (ATTACH A
COPY OF THE ORDER)
4. RECORD OF DEFAULT WITH THE NA

42
INFORMATION UTILITY, IF ANY
(ATTACH A COPY OF SUCH
RECORD)
5. DETAILS OF SUCCESSION NA
CERTIFICATE, OR PROBATE OF A
WILL, OR LETTER OF
ADMINISTRATION OR COURT
DECREE (AS MAY BE
APPLICABLE), UNDER THE
INDIAN SUCCESSION ACT, 1925
(10 OF 1925) (ATTACH A COPY)
6. PROVISION OF LAW, CONTRACT The present debt is covered under
OR OTHER DOCUMENT UNDER the provisions of Indian Contract
WHICH OPERATIONAL DEBT HAS Act, 1872 and Sales of Goods
BECOME DUE Act, 1930.
7. A STATEMENT OF BANK Copy of the Statement of Bank in
ACCOUNT WHERE DEPOSITS ARE respect to amounts received from
MADE OR CREDITS RECEIVED Corporate Debtor is hereto
NORMALLY BY THE annexed and marked as
OPERATIONAL CREDITOR IN ANNEXURE A -11 .
CORPORATE DEBTOR (ATTACH A

43
COPY)
8. LIST OF OTHER DOCUMENTS 1. Copies of the audited and
ATTACHED TO THIS unaudited balance sheet of
APPLICATION IN ORDER TO Tescos Life Care Private
PROVE THE EXISTENCE OF Limited are hereto annexed
OPERATIONAL DEBT AND THE and marked as ANNEXURE
AMOUNT IN DEFAULT A- 12 (Colly).
Thomas Global Logistics Private Limited has paid the requisite fee for this
application through Demand Draft dated ________ for an amount of Rs.
drawn on ________ bank in favour of Pay & Accounts Officer, Ministry of
Corporate Affairs (Demand Draft is enclosed as Annexure - 29).
SIGNATURE OF PERSON
AUTHORIZED TO ACT ON BEHALF
OF THE OPERATIONAL CREDITOR
NAME IN BLOCK LETTERS

44
POSITION WITH OR IN RELATION Authorized representative
TO THE OPERATIONAL CREDITOR
ADDRESS OF PERSON SIGNING

45

BENCH AT NEW DELHI
CP NO. OF 2019
IN THE MATTER OF:

AND
IN THE MATTER OF:

....Operational
Creditor
V/s
TESCOS LIFE CARE PRIVATE LIMITED

…...Corporate Debtor
AFFIDAVIT
I, [•], S/o: [•], aged [•] years, having office at [•], the Deponent do hereby
solemnly affirm, state and declare as follows:
1. That I am the authorized representative of Thomas Global Logistics
Private Limited vide Board Resolution dated [•] to file an application
with Hon’ble National Company Law Tribunal, New Delhi and to initiate
Corporate Insolvency Resolution process in the matter of M/s Tescos Life

46
Care Private Limited in terms of section 9 of The Insolvency and
Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and
Bankruptcy (Application to Adjudicating Authority) Rules, 2016 and
Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate
Persons) Regulations, 2016.
2. That I am fully conversant with the facts and circumstances of the case
and am also duly empowered and competent to swear and affirm this
affidavit in my official capacity.
3. That the accompanying Application for initiation of Corporate Insolvency
Resolution Process in the matter of Tescos Life Care Private Limited has
been filed by me on behalf of the Operational Creditor. The facts stated
therein based on the records of the Operational Creditor are true to my
personal belief.
4. No notice of any pre-existing dispute has been received by the
Operational Creditor. That the Corporate Debtor has not given the reply
Operational Creditor’s notice alongwith documents demanding payment
without any documentary evidence. The Corporate Debtor has not
brought to the knowledge of the Operational Creditor of any dispute
pending before any court / tribunal, which may include a suit or
arbitration proceeding, prior to the date of receipt of the notice dated
09.09.2019.
47
DEPONENT
VERIFICATION
I, the above-named Deponent, do hereby verify that the paras 1 to 4 of the
instant affidavit are true and correct to my knowledge. No part of it is false and
nothing material concealed therefrom.
Verified at Delhi on this _____ day of October, 2019.
DEPONENT
PART – I

BENCH AT NEW DELHI
CP NO. OF 2019
IN THE MATTER OF:

AND
IN THE MATTER OF:

48

....Operational
Creditor
INDEX
Sl. No. PARTICULARS PAGE
1. Form 5 along with the Affidavit.
2. Annexure A- 1
Board Resolution to appoint representative
of the operational creditors.
3. Annexure A-2
Copies of the Supply and Service
Agreement dated 27.02.2017 and the
Amendment Agreement dated 29.09.2016.
4. Annexure A-3
Copy of the Purchase Order (Phase-I) dated
30.06.2016.
5. Annexure A-4 (Colly)

49
Copies of the Proforma Invoice dated
05.07.2016 and confirmation letter dated
29.07.2016
6. Annexure A-5
Copy of the Purchase Order dated 10.10.2016.
7. Annexure A-6
Copy of the Purchase Order dated 10.10.2016.
8. Annexure A-7
Copy of the supplementary Purchase Order
dated 02.12.2016
9. Annexure A-8
Copy of the email dated 05.12.2016.
10. Annexure A-9
Copy of the email dated 22.12.2016 alongwith
Purchase Order for Phase II dated 14.12.2016.
Copies of the emails dated 14.01.2016,
23.02.2017, 07.03.2016, 26.04.2016,
28.06.2016, 14.12.2017, 11.02.2017,

50
24.02.2017, 26.03.2017 and 21.02.2017.
12. Annexure A-11
Copies of the 78 Invoices alongwith Delivery
Challans.
PART – II
13. Annexure A-11
Challans.
PART – III
14. Annexure A-11
Challans.
Copies of the emails dated 08.11.2016,
16.01.2017, 30.01.2017, 16.02.2017 and
20.02.2017 and 21.02.2017.
16. Annexure A-13

51
Copy of the Show Cause Notice dated
23.03.2017.
17. Annexure A-14
Copy of the Reply dated 26.03.2017.
18. Annexure A-15
Copy of the termination letter dated
28.03.2017.
19. Annexure A-16
Copy of the Demand Notice dated 03.10.2017.
20. Annexure A-17
Copy of the reply dated 12.10.2017
21. Annexure A- 18
of the notice dated 12.10.2017.
22. Annexure A- 19
Copy of the workings for computation of
default of operational debt
23. Annexure A- 20
Copy of the Statement of Bank in respect to
amounts received from M/s Ricoh India

52
Limited
PART – IV
24. Annexure A- 21
Copy of the Status Report of the Project
25. Annexure A- 23
Copies of proof of submission of invoices and
delivery challans
26. Annexure A- 24
Copy of the email dated 08.02.2016
27. Annexure A- 25
Copies of the Warranty letters confirming 5
years of warranty and maintenance
28. Annexure A- 269Colly)
Copies of the audited and unaudited balance
sheet of Ricoh India Limited
29. Annexure A- 27
Copy of the Statement of Bank Account stating
the last credit transaction from Ricoh India Ltd.

53
to Fourth Dimension Solutions Ltd.
30. Annexure A- 28
Copy of the list of HAL Division dated
31.10.2014
31. Annexure A- 29
Demand Draft
32. Vakalatnama
APPLICANT/OPERATIONAL CREDITOR
LAL SINGH GAUTAM

COUNSELS FOR THE APPLICANT/OPERATIONAL CREDITOR
CHAMBER NO. 811,
LAWYERS CHAMBERS,
DWARKA COURT COMPLEX
54
FORM 5
[See sub-rule (1) of rule 6]
APPLICATION BY OPERATIONAL CREDTOR TO INITIATE CORPORATE
INSOLVNCY RESOLUTION PROCESS UNDER THE CODE
[Under Rule 6 of the Insolvency and Bankruptcy (Application to
Adjudicating Authority) Rules, 2016]
….10.2017
To:
Hon’ble National Company Law Tribunal
6th Floor, Fountain Telecom,
Building 1, Mahatma Gandhi Road,
Fort, Mumbai,
Maharashtra 400 001
From:

Also at:
678-A, Shahbad,
New Delhi-110061.
In the matter of M/s Amaze Enterprise.

55
Subject: Application to initiate corporate insolvency resolution process in respect
of Ricoh India Limited under the Insolvency and Bankruptcy Code, 2016
Madam/Sir,
Fourth Dimension Solutions Limited, hereby submits this Application to initiate a
corporate insolvency resolution process in the case of M/s Amaze Enterprise. The
details for the purpose of this Application are set out below:-
PART-I
PARTICULARS OF APLLICATION
1. NAME OF OPERATIONAL CREDITOR Thomas Global Logistic Pvt.
Ltd.
2. IDENTIFICATION NUMBER OF CIN No.
OPERATIONAL CREDITOR (IF ANY)
3. ADDRESS FOR CORRESPONDENCE OF Regd. Office:

56
Also at:
678-A, Shahbad,
Mohommadpur, near Sai
mandir,
New Delhi-110061.
LAL SINGH GAUTAM
Chamber NO. 811, Lawyers
Chambers, Dwarka Court
Complex.
PART-II
PARTICULARS OF CORPORATE DEBTOR
1. NAME OF THE CORPORATE Amaze Enterprise
DEBTOR
2. IDENTIFICATION NUMBER CIN No.-
OF CORPORATE DEBTOR
3. DATE OF INCORPORATION
OF CORPORATE DEBTOR
4. NOMINAL SHARE CAPITAL 1. Paid up share capital-
AND THE PAID UP SHARE 2. Nominal Share capital -

57
CAPITAL OF THE
CORPORATE DEBTOR
AND/OR DETAILS OF
GUARANTEE CLAUSE AS
PER MEMORANDUM OF
ASSOCIATION (IF
APPLICABLE)
5. ADDRESS OF THE Registered Office:
REGISTERED OFFICE OR
PRINCIPAL OFFICE OF THE
Office no.207, S-550-551,
CORPORATE DEBTOR
School Block II, Shakarpur,
Delhi-110092.
Also at:
A-121, Surajmal Vihar,
Delhi-110092
6. NAME, ADDRESS AND That has been authorized by the company
AUTHORITY OF PERSON Thomas Global Pvt. Ltd.. vide Board
SUBMITTING APPLICATION Resolution dated ______to act on behalf of
ON BEHALF OF the Operational Creditor.
OPERATIONAL CREDITOR
58
(ENCLOSE AUTHORIZATION) The authorized Representative is hereby
authorized to represent the Operational
Creditor before this Hon’ble Tribunal.
Regd. Office:
__________ ANNEXURE A- 1.
7. NAME AND ADDRESS OF ____________
PERSON RESIDENT IN INDIA Authorized Representative
AUTHORIZED TO ACCEPT
THE SERVICE OF PROCESS Regd. Office:
ON ITS BEHALF (ENCLOSE __________________
AUTHORIZATION)
Thomas Global Private Limited, (Operational
Creditor), is a ________.. Its Board, at its
12th /2016-17 meeting held on 04th March,
2017, authorized Mr. Dalbir Singh to file
necessary application under the provisions of
the Insolvency and Bankruptcy Code, 2016,
on behalf of the Operational Creditor to
initiate Corporate Insolvency Resolution
Process against Ricoh India Limited and also
to accept the service of process on behalf of
Fourth Dimension Solutions Limited,

59
(Operational Creditor).
LAL SINGH GAUTAM
PART-III
PARICULARS OF THE PROPSED INTERIM RESOLUTION
PROFESSIONAL [IF PROPOSED]
1. NAME, ADDRESS, E-MAIL ADDRESS AND Name: NIL
THE REGISTRATION NUMBER OF THE

Address :
PROPOSED INTERIM RESOLUTION
E-mail-id :
PROFESSIONAL
Regn. No.:
The Operational Creditor is not
proposing any name at this
stage.
PART-IV
PARTICULARS OF OPERATIONAL DEBT
1. TOTAL Rs.7,25,420.00 (Rupees Seven Lakh Twenty Five Thousand

60
AMOU Four Hundred and Twenty only).
NT OF
DEBT, Thomas Global Private Limited and M/s Amaze Enterprises entered
DETAIL into a Service Agreement (herein referred as “the SA”) dated________,
S OF 2017 for freight service from the operational creditor towards exports
TRANS of shipment including garments from New Delhi, India to Dubai , UAE
ACTIO for a sum of Rs. 7,25,420.00/- ( Rupees seven lakh twenty five
NS ON thousand four hundred and twenty only). The SA was amended on
ACCOU agreement dated _________ , to alter certain provisions of the SSA.
NT OF Copies of the Service Agreement dated ______and Amendment
WHICH Agreement dated ___________are hereto annexed and marked as
DEBT ANNEXURE A – 2 (Colly).
FELL
DUE, Salient features of the SA are as under:

AND
THE
“ARTICLE 2: TERM
DATE
This Agreement shall come into effect from the date of execution of this
FROM
Agreement and shall remain in force, for a period of five years
WHICH
from the Effective Date, which period shall be automatically
SUCH
extended for a period of one year each time, subject to earlier
DEBT
termination in accordance with this Agreement.
FELL
61
ARTICLE 4: SCOPE OF WORK- (SOW)
As mentioned in the Schedule-I of this Agreement with reference of Rural
Hardware RFP Volume-I
The “Ricoh India Limited” shall primarily be responsible for meeting all
the obligations of the Tender and as per the contract awarded by
Department of Posts’.
I. Responsibilities and Accountabilities of Ricoh (Lead
partner): The RICOH is responsible for overall
manageability of the Project.
II. Responsibilities and Accountabilities of FDSPL
(Implementation Partner): Is responsible for procurement &
delivery of entire project hardware, service deliverables,
Warranty & manpower for the duration of Project which
includes Rollout, Implementation, Operations and
maintenance Phases.
ARTICLE 5: COMPENSATION AND EXPENSES
a) FDSPL shall raise invoices to RICOH and the RICOH shall
pay to the Business Partner as per the terms and conditions
agreed and stated in the respective Statement of Work.
b) Taxes: RICOH shall deduct applicable taxes, surcharges as
per the statue from the payments to be made.

62
ARTICLE 10: TERMS OF PAYMENT AND CONTRACT PRICE
i) 35% advance on hardware and balance 65% on 30 days LC
on hardware & Monthly on Service.
ii) A mobilization advance of 100 Cr. will be paid to FDSPL
for setting up of Service Centers, Help Desk, Solar
Installation, Project Staffing etc.
iii) FDS will submit bills/ invoices along with all supporting
documents etc., as required under the contract with Ricoh.
iv) TDS of Income Tax shall be borne by each party of its
share.
v) Detailed Pricing can be referred in Annexure A of this
Agreement.
vi) Supplementary Hardware (Carry Case) pricing can
referred in Annexure-B of this Agreement.”
Article A to J of the Schedule – I of the SSA provides the details of the
goods and services i.e. Statement of Work, manpower deployment
and management, OEM management and supply of hardware,
establishment of service centres, establishment of level-2 helpdesk,
trainings, installation of solar solution, supply of consumables,
shifting of solar solution and provisioning of storage rack/ shelves

63
for stand by stock (5%) to be provided by Fourth Dimension
Solutions Ltd. to Ricoh India Ltd. Article K of the Schedule – I of
the SSA provides the responsibilities of Ricoh India Ltd. and
Article L of the Schedule – I of the SSA provides the
responsibilities of Fourth Dimension Solutions Ltd.
Annexure – A of the SSA provides the payment terms. As per Article 10
(i) read with Annexure A of the SSA, Ricoh India Ltd. was to make
35% advance payment for hardware and balance 65% on 30 days
Letter of Credit (LC) for hardware supplies. In respect of service to
be provided by Fourth Dimension Solutions Ltd. the payment was
to be made as follows:
(i) Rs.100,00,00,000.00 (Rupees One Hundred Crores only) as
mobilization advance for the initial costs to be incurred; and
(ii) The balance amount of Rs.354,00,00,000.00 (Rupees Three Hundred
and Fifty Four Crores only) in 60 (sixty) equal monthly
installments @ Rs.5,90,00,000.00 (Rupees Five Crore and Ninety
Lakhs only) per month.
It is most respectfully submitted that as per Article 10 (ii) read with
Annexure A of the SSA and Purchase Order dated 10 th October,
2017 Ricoh India Ltd. was to pay a sum of Rs.100,00,00,000.00
(Rupees One Hundred Crores only) towards mobilization advance

64
to Fourth Dimension Solutions Ltd. for costs to be incurred in
setting up of service centers, help desk, solar installation, project
staffing etc. The balance amount towards setting up the service
centers, help desk, solar installation, project staffing etc. were
payable in 60 equal monthly installments [Rs.5,90,00,000.00
(Rupees Five Crore and Ninety Lakhs only) per month]. It is most
respectfully submitted that as per the Article 10 (ii) read with
Annexure A of the SSA and Purchase Order dated 10 th October,
2017, the mobilization advance amount of Rs.100,00,00,000.00
(Rupees One Hundred Crores only) is onetime payment towards
the initial cost for setting up the service centers, help desk, solar
installation, project staffing etc. This amount was not to be
adjusted from regular payments payable by Ricoh India Ltd. to
Fourth Dimension Solutions Ltd. in 60 equal monthly installments.
After the execution of the SSA, between Ricoh India Limited and Fourth
Dimension Solutions Ltd., Ricoh India Limited issued a Purchase
Order (Phase-I) dated 30th June, 2016 and asked Fourth Dimension
Solutions Ltd. to supply hardware i.e. (i) Mobile Thermal Printer,
Biometric Fingerprint Scanner, Magnetic Stripe Reader, and Smart
Card Chip Reader and Writer of Vision Tek- Model GL-11, (ii)
Solar Panel including UPS, (iii) Scanner 1D and 2D Imager,
barcode Scanner for Scanning barcodes of Application Forms of

65
Honeywell, (iv) Carrying Case etc. for a total consideration of
Rs.231,71,50,220.00 (Rupees Two Hundred Thirty One Crore
Seventy One Lakhs Fifty Thousand Two Hundred and Twenty
only). Copy of the Purchase Order (Phase-I) dated 30.06.2016 is
hereto annexed and marked as ANNEXURE A – 3.
Thereafter, in terms of Article 10 (i) read with Annexure A of the SSA,
Fourth Dimension Solutions Ltd. issued a Proforma Invoice dated
5th July, 2016 for payment of 35% i.e. Rs.81,10,02,658/- (Rupees
Eighty One Crore Ten Lakhs Two Thousand Six Hundred and
Fifty Eight only) towards advance payment against the Purchase
Order dated 30th June 2016. Ricoh India Ltd. of its own adjusted
the said 35% i.e. Rs.81,10,02,658/- (Rupees Eighty One Crore Ten
Lakhs Two Thousand Six Hundred and Fifty Eight only) payable
to Fourth Dimension Solutions Ltd. and specifically mentioned the
same in the Purchase Order dated 30th June 2016. Thereafter, in a
reconciliation of various advance amount payable by Ricoh India
Ltd. to Fourth Dimension Solutions Ltd. under various agreements/
contracts, Fourth Dimension Solutions Ltd. agreed to adjust the
said advance amount of Rs.81,10,02,658/- (Rupees Eighty One
Crore Ten Lakhs Two Thousand Six Hundred and Fifty Eight only)
as well. Accordingly, the said advance amount of
Rs.81,10,02,658/- (Rupees Eighty One Crore Ten Lakhs Two

66
Thousand Six Hundred and Fifty Eight only) was adjusted vide a
confirmation letter dated 29th July, 2016. It is pertinent to bring to
the notice of this Hon’ble Tribunal that the other amounts as
mentioned in the confirmation letter dated 29 th July, 2016 are
adjusted against other advance amounts payable by Ricoh India
Ltd. to Fourth Dimension Solutions Ltd. under other Agreements/
Contracts and the same are independent Agreement/ Contract and
has nothing to do with the SSA. Copies of the Proforma Invoice
dated 05.07.2016 and confirmation letter dated 29.07.2016 are
hereto annexed and marked as ANNEXURE A – 4 (Colly).
Thereafter, Ricoh India Ltd. issued a Purchase Order dated 10 th October,
2016 and asked Fourth Dimension Solutions Ltd. to set up service
centers, Help desk, Solar Installation, Project Staffing etc. for a
total consideration of Rs.454,00,00,000.00 (Rupees Four Hundred
and Fifty Four Crore only). In terms of the said Purchase Order
dated 10th October, 2016, Fourth Dimension Solutions Ltd. had to
receive a sum of Rs.100,00,00,000.00 (Rupees One Hundred Crore
only) for the initial expenses to be incurred for setting up the
service centers, help desk, solar installation, project staffing etc.
Copy of the Purchase Order dated 10.10.2016 is hereto annexed
and marked as ANNEXURE A – 5.

67
Thereafter, in terms of Article 10 (ii) read with Annexure A of the SSA
and Purchase Order dated 10th October, 2016, Fourth Dimension
Solutions Limited issued a proforma invoice for an amount of
Rs.100,00,00,000.00 (Rupees One Hundred Crore only) dated 17th
October, 2016 to Ricoh India Ltd. for the payment of mobilization
advance to set up service centers, Help desk, Solar Installation,
Project Staffing etc. Against the said Proforma invoice dated 17 th
October, 2016, Ricoh India Ltd. paid only a sum of
Rs.17,00,00,000.00 (Rupees Seventeen Crores only) to Fourth
Dimension Solutions Ltd. Copy of the Purchase Order dated
10.10.2016 is hereto annexed and marked as ANNEXURE A – 6.
As per the schedule of delivery suggested by the Department of Post,
Fourth Dimension Solutions Ltd was to supply the goods/ hardware
for the Phase – II of the Project in the month of May, 2017.
Keeping in view the twelve (12) weeks production time of the
goods/ hardware and the impact of demonitisation and Chinese
new year, Fourth Dimension Solutions Ltd. requested Ricoh India
Ltd. to issue the Purchase Order for Phase II and pay the 35%
advance amount. After discussions, Ricoh India Ltd. vide an email
dated 2nd December, 2016 issued a supplementary Purchase Order
dated 2nd December, 2016 to supply hardware i.e. Scanner, Carry
Case etc. for a total consideration of Rs.392,10,60,387.86 (Rupees

68
Three Hundred Ninety Two Crores Ten Lakhs Sixty Thousand
Three Hundred Eighty Seven and Eighty Six Paise only) to Fourth
Dimension Solutions Ltd. in order to proceed with the order for the
Phase-II of the project. Ricoh India Ltd. agreed to pay 35%
advance amount as per the SSA and also agreed to issue the final
location wise Purchase Order for the Phase-II after receiving
confirmation from the Department of Post. Thereafter, in a meeting
held on 5th December, 2016 between Ricoh India Ltd. and Fourth
Dimension Solutions Ltd. various issues including release of 35%
of the mobilization advance for Phase II and release of funds on
time were discussed and Ricoh India Ltd. agreed to pay the 35%
advance amount in three (3) installments i.e. (i) Rs.48,78,56,694.25
(Rupees Forty Eight Crore Seventy Eight Lakhs Fifty Six
Thousand Six Hundred Ninety Four and Twenty Five Paise only)
on 06th December, 2016 (ii) Rs.40,00,00,000.00 (Rupees Forty
Crores only) on 15th January, 2017 and (iii) Rs.40,00,00,000.00
(Rupees Forty Crores only) on 30th January, 2017. Accordingly, as
per the mutually agreed terms Ricoh India Ltd. paid a sum of
Rs.46,00,00,000.00 (Rupees Forty Six Crores only) to Fourth
Dimension Solutions Ltd. on 8th December, 2016, towards part of
the 35% advance payment for the implementation of the Phase II of
the project. However, Ricoh India Ltd. failed to pay the balance
consideration amount towards the 35% of the advance amount.

69
Copy of the supplementary Purchase Order dated 02.12.2016 is
hereto annexed and marked ANNEXURE A – 7. Copy of the
email dated 05.12.2016 is hereto annexed and marked as
ANNEXURE A – 8.
Ricoh India Ltd. vide an email dated 22nd December, 2016 issued the
location wise final Purchase Order for Phase II dated 14 th
December, 2016 and asked Forth Dimension Solutions Ltd. to
supply hardware i.e. Solar Solutions, Thermal Paper Roll,
Handheld Devices, Scanner etc. for a total consideration of
Rs.392,10,60,387.86 (Rupees Three Hundred Ninety Two Crores
Ten Lakhs Sixty Thousand Three Hundred Eighty Seven and
Eighty Six Paise only). Copy of the email dated 22.12.2016
alongwith Purchase Order for Phase II dated 14.12.2016 is hereto
annexed and marked as ANNEXURE A – 9.
Fourth Dimension Solutions Ltd. duly paid the aforesaid advance amounts
to the original equipment manufacturers and other vendors for the
supply of goods/ hardware for Phase I and II of the Project and also
utilized the same for establishing Helpdesk, service centers,
training etc.
The details of the amount Purchase Orders and payment received in terms
70
of the SSA are as under:
Partic Amount Advance Amount Balance
ulars Amount Received
receivable
Purch Rs.231,71,5 Rs.81,10,02, Rs.81,10,02, Rs.0.00
ase 0,220.00 658.00 658.00
Order
(Phase
-I)
dated
30th
June,
2016
Purch Rs.454,00,0 Rs.100,00,0 Rs.17,00,00, Rs.83,00,
ase 0,000.00 0,000.00 000.00 00,000.00
Order
dated
10th
Octob
er,
2016
Purch Rs.392,10,6 Rs.137,23,7 Rs.46,00,00, Rs.91,23,

71
ase 0,387.86 1,136.00 000.00 71,136.00
Order
(Phase
II)
dated
14th
Dece
mber,
2016
Total Rs.1077,82, Rs.318,33,7 Rs.144,10,0 Rs.174,23
10,608.00 3,793..00 2,657.00 ,71,136.0
In performance of its obligations under the SSA, Fourth Dimension
Solutions Ltd. had provided the following goods/ hardware and also
established Helpdesk, Service Centres, Training etc. to Ricoh India
Ltd.:
Hardware:
GL-11 Bar Code Carry case Solar Solution

72
Scanner
4849 4849 4849 5058
Phase I
25015 33840 35511 26692
Total
29864 38689 40360 31750
(Include
s 5%
spares
as per
PO)
Services:
Particulars Status of service
Manpower
● 21 executives for central team were
Deployment
deployed.
and
Managemen ● 28 executives were appointed on state/
t circle level in various zones.

73
● 23 CPMs were appointed.
Training
● 20 software developers of RSI- were
trained by OEM Visiontek in May 2015.
● 20 Trainers of RSI- were trained by OEM’s
i.e. Visiontek, Honeywell and Tritronics in
January 2016.
Helpdesk
● Level -2 Helpdesk was established at
Jasola, New Delhi along with required
Civil and IT infrastructure. Drishti’s
Ameyo ACD (Automatic Call Distribution)
was deployed for inbound and outbound
calls.
Service Centre
● 9 service centers were established as a part
of Pilot Phase in 6 states.
(1) Assam (Dibrugarh),
(2) Bihar (Patna),
(3) Karnataka (Bangalore & Mysore),
(4) Maharashtra (Pune),

74
(5) Rajasthan (Jaipur) and
(6) UP (Agra, Allahabad & Lucknow).
Solar Solution
● Completed installation of solar solution in
4542 branch offices of the postal
department.
Demo experience
● Established at Jasola, New Delhi in the
Center
month of March, 2016.
The Goods/ hardware supplied by Fourth Dimension Solutions Ltd.
to Ricoh India Ltd. has a 5 years of warranty and maintenance
support from the date of acceptance from the Department of Post to
Ricoh India Ltd. It is pertinent to bring to the notice of this Hon’ble
Tribunal that the format of the warranty letters are as per the specific
format provided by Ricoh India Ltd. Ricoh India Ltd. vide an email
dated 08th February, 2016 specifically directed Fourth Dimension
Solutions Ltd. not to make any changes in the Format.
Fourth Dimension Solutions Ltd. had always informed Ricoh India
Ltd. regarding the progress and status of the work done by it. It is
most respectfully submitted that Fourth Dimension Solutions Ltd.
vide an email dated 14th January, 2016 informed Ricoh India Ltd.
regarding the status of the help desk. Fourth Dimension Solutions

75
Ltd. vide letter dated 17th October, 2016 submitted the delivery
challans with the details of installation of solar solution with Ricoh
India Ltd. Fourth Dimension Solutions Ltd. vide an email dated 23 rd
February, 2017 gave update regarding the installation of the solar
solution to Ricoh India Ltd. Fourth Dimension Solutions Ltd. further
vide an email dated 07th March, 2016 provided the details of the
status of the service centers to Ricoh India Ltd. Fourth Dimension
Solutions Ltd. vide an email dated 26th April, 2016 provided the
details of the status of the services provided by it to Ricoh India Ltd.
Fourth Dimension Solutions Ltd. vide an email dated 28th June, 2016
gave the details of the manpower status to Ricoh India Ltd. Fourth
Dimension Solutions Ltd. vide an email dated 11 th February, 2017
shared the details of CPMs with Ricoh India Ltd. Fourth Dimension
Solutions Ltd. vide an email dated 21 st February, 2017 provided the
details of the service centres established by it to Ricoh India Ltd.
Fourth Dimension Solutions Ltd. further vide emails dated 24 th
February, 2017 and 26th March, 2017 requested Ricoh India Ltd. to
finalize the locations to establish the other service centres. Ricoh
India Ltd. vide email dated 21 st February, 2017 acknowledges the
hardware supplied, identification of locations and establishment of
service centers and establishment of Helpdesk at Delhi. It is pertinent
to bring to the notice of this Hon’ble Tribunal that the Member
Technology of Department of Post, Director –Technical of TCIL and

76
vice president of Ricoh India Ltd. visited the helpdesk centre at
Jasola, New Delhi on 17.12.2016 at 11:30 AM and were satisfied
with the quality of the helpdesk. Copies of the emails dated
14.01.2016, 23.02.2017, 07.03.2016, 26.04.2016, 28.06.2016,
14.12.2017, 11.02.2017, 24.02.2017, 26.03.2017 and 21.02.2017 are
hereto annexed and marked as ANNEXURE A – 10 (Colly).
Accordingly, in terms Article 5 and Article 10 (iii) of the SSA,
Fourth Dimension Solutions Ltd. time to time issued and submitted
the Invoices for hardware along with supporting documents with
Ricoh India Ltd. Fourth Dimension Solutions Ltd. raised a total 78
invoices amounting to Rs.155,01,76,259.00 (Rupees One Hundred
Fifty Five Crore One Lakh Seventy Six Thousand Two Hundred and
Fifty Nine only). However, Ricoh India Ltd. paid only a sum of
Rs.76,10,40,103.00 (Rupees Seventy Six Crore Ten Lakhs Forty
Thousand One Hundred and Three only) against the invoices raised
and started evading its payment responsibilities. The details of the
total amount raised by Fourth Dimension Solutions Ltd. through 78
invoices and the amount received from Ricoh India Ltd. is mentioned
below:
Particul Invoice Amount Amount Balance
receivable
77
ars Amount (excluding received
35% of the
advance
amount
received)
78 Rs.155,01,7 Rs.100,76,1 Rs.76,10, Rs.24,65,7
Invoices 6,269.00 4,574.00 40,103.00 4,471.00
Fourth Dimension Solutions Ltd. duly submitted all the Invoices
alongwith proof of delivery with Ricoh India Ltd. Copies of the 78
Invoices alongwith Delivery Challans are hereto annexed and
marked as ANNEXURE A – 11.
On not receiving the due amounts on time, Fourth Dimension
Solutions Ltd. on several occasion requested Ricoh India Ltd. to
make the payment, as the delay in payment will jeopardize execution
of the project. Fourth Dimension Solutions Ltd. vide an email dated
08th November, 2016 requested Ricoh India Ltd. to release the
advance amount payable under the SSA. Ricoh India Ltd. on the
same day vide an email informed Fourth Dimension Solutions Ltd.
that they will discuss the matter with the company’s finance
78
department towards the amount invested by Fourth Dimension
Solutions Ltd. for the infrastructure. Fourth Dimension Solutions
Ltd. vide an email dated 16th January, 2017 requested Ricoh India
Ltd. to release the balance amount towards the advance payment.
Thereafter, Fourth Dimension Solutions Ltd. vide an email dated 30 th
January, 2017 again requested Ricoh India Ltd. to release the balance
amount towards the advance payment. In the email it was
specifically stated that the delay in payment will jeopardize delivery
timeline. Ricoh India Ltd. vide an email dated 16 th February, 2017
gave assurance to Fourth Dimension Solutions Ltd. that it would pay
a sum of Rs.10,00,00,000.00 (Rupees Ten Crore only) on 16 th
February, 2017 and a sum of Rs.11,00,00,000.00 (Rupees Eleven
Crores only) on 20th February, 2017. Thereafter, Ricoh India Ltd.
paid only a sum of Rs.10,00,00,000.00 (Rupees Ten Crores only) on
17th February, 2017 but failed to pay the other amount to Fourth
Dimension Solutions Ltd. Thereafter, Ricoh India Ltd. with a malfide
intention vide an email dated 20th February, 2017 raised frivolous
allegations against Fourth Dimension Solutions Ltd. Fourth
Dimension Solutions Ltd. on the same day gave a reply to Ricoh
India Ltd. and brought to the notice of Ricoh India Ltd. that despite
not getting payment Fourth Dimension Solutions Ltd. is providing
the goods and services to Ricoh India Ltd. Fourth Dimension
Solutions Ltd. further brought to the notice of Ricoh India Ltd. that
79
Fourth Dimension Solutions Ltd. has already issued security cheques
to the OEMs for the entire project. Fourth Dimension Solutions Ltd.
also gave details of the work done by it against all odds. Ricoh India
Ltd. vide an email dated 21st February, 2017 took note of the
concerns raised by Fourth Dimension Solutions Ltd. Copies of the
emails dated 08.11.2016, 16.01.2017, 30.01.2017, 16.02.2017 and
20.02.2017 and 21.02.2017 are hereto annexed as ANNEXURE A –
12 (Colly).
Thereafter, even after repeated requests made by Fourth Dimension
Solutions Ltd., Ricoh India Ltd. had failed to pay the due amounts
towards the goods/ hardware and services provided by Fourth
Dimension Solutions Ltd. to Ricoh India Ltd. Shockingly, rather than
paying the said amount due and payable, Ricoh India Ltd. issued a
show cause notice dated 23rd March, 2017 to Fourth Dimension
Solutions Ltd. making false and frivolous allegations against Fourth
Dimension Solutions Ltd. and called upon Fourth Dimension
Solutions Ltd. to give a reply within 2 days. Copy of the Show Cause
Notice dated 23.03.2017 is hereto annexed and marked as
ANNEXURE A – 13.
Fourth Dimension Solutions Ltd. gave a detailed reply dated 26 th March,
2017 rejecting each of the false and frivolous allegations made in the
80
Show Cause Notice. Copy of the Reply dated 26.03.2017 is hereto
annexed and marked as ANNEXURE A – 14.
Since the issuance of the Show Cause Notice was a sham exercise, Ricoh
India Ltd. terminated the SSA vide termination letter dated 28 th
March, 2017, without even considering the detailed reply of Fourth
Dimension Solutions Ltd. dated 26th March, 2017. Copy of the
termination letter dated 28.03.2017 is hereto annexed and marked as
ANNEXURE A – 15.
It is most respectfully submitted that Ricoh India Ltd. with a malafide
intention issued the show cause notice and terminated the SSA, as
the payment of the 60 (sixty) monthly installments of
Rs.5,90,00,000.00 (Rupees Five Crore and Ninety Lakhs only) per
months towards the service provided by Fourth Dimension Solutions
Ltd. to Ricoh India Ltd. was to start from April, 2017.
In view of the termination of the SSA on 28 th March, 2017, Fourth
Dimension Solutions Ltd. could not supply the goods/ hardware as
per the schedule i.e. May, 2017 suggested by the Department of Post
for the Phase-II of the project.
That Fourth Dimension Solutions Limited after receiving the

81
termination notice orally tried to reconcile with Ricoh India Limited,
however, Ricoh India Limited with a malafide intention refused to
reconcile.
Accordingly, with no other option left, Fourth Dimension Solutions
Ltd. had sent a Debit Note dated 22 nd May, 2017 claiming a sum of
Rs.428,80,83,924.00 (Rupees Four Hundred Twenty Eight Crore
Eighty Lakhs Eighty Three Thousand Nine Hundred and Twenty
Four only) towards the unpaid amount against the goods and services
provided and damages. Thereafter Fourth Dimension Solutions
Limited sent a demand notice dated 09th June, 2017 claiming the debt
amount. Ricoh India Limited failed to give any reply to the said
demand notice. However, Ricoh India Ltd. sent frivolous reply dated
16th June, 2017 through its counsel and refused to pay the amount
claimed by Fourth Dimension Solutions Limited. Thereafter, Fourth
Dimension Solutions Limited filed an Application under section 9 of
the Insolvency and Bankruptcy Code, 2016 (CP No. 1353 of 2017)
before the Hon’ble National Company Law Tribunal, Mumbai. The
said petition was dismissed as withdrawn on 29th September, 2017.
Thereafter, Fourth Dimension Solutions Limited sent a fresh demand
notice dated 03rd October, 2017 calling upon Ricoh India Ltd. to pay
a sum of Rs.107,65,74,471.00 (Rupees One Hundred Seven Crore

82
Sixty Five Lakhs Seventy Four Thousand Four Hundred and Seventy
One only) within the statutory period of 10 days. However, Ricoh
India Ltd. again failed to give a reply to the fresh demand notice.
However, Ricoh India Ltd. again sent a frivolous reply dated 12 th
October, 2017 through its counsel and refused to pay the amount
claimed by Fourth Dimension Solutions Limited. Ricoh India Ltd.
also issued a frivolous demand notice dated 12 th October, 2017
through its counsel demanding a sum of Rs.198,57,75,584.00
(Rupees One Hundred Ninety Eight Crore Fifty Seven Lakhs
Seventy Five Thousand Five Hundred and Eighty Four only)
alongwith interest @ 24% from 28 th March, 2017. Ricoh India Ltd.
further in terms of terms and conditions as mentioned in the Purchase
Thomas Global Pvt Ltd. is filing the present Insolvency Petition to
claim its debts which are due and payable by Ricoh India Limited.
2. AMOUAs on date, a sum of Rs. 7,25,420.00(Rupees Seven Lakhs Twenty-five
NT thousand four hundred twenty only) is due and payable by M/s
CLAIM Amaze Enterprise towards the freight services for export of shipment
ED TO from New Delhi, India to Dubai , UAE provided by Thomas Global
BE IN Pvt. Ltd. to M/s Amaze Enterprise. The details of the due and
83
DEFAU payable amount are as under:
LT AND
THE Partic Amount Amount Amount Balance
DATE ulars receivable Received
ON
Purch Rs. Rs. Rs. 00.00 Rs.
WHICH
ase 7,25,420/- 7,25,420/-
7,25,420/-
THE
Order
DEFAU
(Phase
LT
-I)
OCCUR
dated
RED
30th
(ATTAC
June,
H THE
2016
WORKI
Total Rs.7,25,4
NGS
20.00
FOR
Total due amount due and payable Rs.7,25,4
COMPU
20.00/-
TATIO
N OF
AMOU
The default occurred on 12.04.2017.
NT
AND
Copy of the workings for computation of default of operational debt is
DATES
84
OF hereto annexed and marked as Annexure A-,___.
DEFAU
LT IN
TABUL
AR
FORM)
PART-V
PARTICULARS OF OPERATIONAL DEBT [DOCUMENTS, RECORDS AND
EVIDENCE OF DEFAULT]
1. PARTICULARS OF ANY SECURITY NA
HELD, IF ANY, THE DATE OF ITS
CREATION, ITS ESTIMATED VALUE
AS PER THE CREDITOR [ATTACH A
COPY OF A CERTIFICATE OF
REGISTRATION OF CHARGE ISSUES
BY THE REGISTRAR OF COMPANIES
(IF THE CORPORATE DEBTOR IS A
COMPANY)]
2. DETAILS OF RESERVATION/ NA
RETENTION OF TITLE
85
ARRANGEMENTS (IF ANY) IN
RESPECT OF GOODS TO WHICH THE
OPERATIONAL DEBT REFERS
3. PARTICULARS OF AN ORDER OF A NA
COURT, TRIBUNAL OR ARBITRAL
PANEL ADJUDICATING ON THE
DEFAULT, IF ANY (ATTACH A COPY
OF THE ORDER)
4. RECORD OF DEFAULT WITH THE NA
INFORMATION UTILITY, IF ANY
(ATTACH A COPY OF SUCH
RECORD)
5. DETAILS OF SUCCESSION NA
CERTIFICATE, OR PROBATE OF A
WILL, OR LETTER OF
ADMINISTRATION OR COURT
DECREE (AS MAY BE APPLICABLE),
UNDER THE INDIAN SUCCESSION
ACT, 1925 (10 OF 1925) (ATTACH A
COPY)
6. PROVISION OF LAW, CONTRACT OR The present debt is covered under
OTHER DOCUMENT UNDER WHICH the provisions of Indian Contract

86
OPERATIONAL DEBT HAS BECOME Act, 1872 and Sales of Goods Act,
DUE 1930.
7. A STATEMENT OF BANK ACCOUNT Copy of the Statement of Bank in
WHERE DEPOSITS ARE MADE OR respect to amounts received from
CREDITS RECEIVED NORMALLY BY M/s Ricoh India Limited is hereto
THE OPERATIONAL CREDITOR IN annexed and marked as
CORPORATE DEBTOR (ATTACH A ANNEXURE A - 21.
COPY)
8. LIST OF OTHER DOCUMENTS 1. Copy of the Status Report of
ATTACHED TO THIS APPLICATION the Project is hereto annexed
IN ORDER TO PROVE THE and marked as ANNEXURE
EXISTENCE OF OPERATIONAL DEBT A- 22.
AND THE AMOUNT IN DEFAULT

2. Copies of proof of submission
of invoices and delivery
challans are hereto annexed and
marked as ANNEXURE A –
23.
3. Copy of the email dated
08.02.2016 is hereto annexed
and marked as ANNEXURE A
– 24.
4. Copies of the Warranty letters

87
confirming 5 years of warranty
and maintenance are hereto
annexed and marked as
ANNEXURE A – 25.
5. Copies of the audited and
unaudited balance sheet of
Ricoh India Limited are hereto
ANNEXURE A- 26 (Colly).
6. Copy of the Statement of Bank
Account stating the last credit
transaction from Ricoh India
Ltd. to Fourth Dimension
Solutions Ltd. is hereto
ANNEXURE A – 27.
7. Copy of the list of HAL
Division dated 31.10.2014 is
hereto annexed and marked as
Annexure A – 28.
88
Fourth Dimension Solutions Limited has paid the requisite fee for this application
through Demand Draft dated ________ for an amount of Rs. drawn on
________ bank in favour of Pay & Accounts Officer, Ministry of Corporate Affairs
(Demand Draft is enclosed as Annexure - 29).
SIGNATURE OF PERSON AUTHORIZED
TO ACT ON BEHALF OF THE
OPERATIONAL CREDITOR
NAME IN BLOCK LETTERS DALBIR SINGH
POSITION WITH OR IN RELATION TO Authorized representative
ADDRESS OF PERSON SIGNING DSM-340, DLF Trade Towers, Shivaji
Marg, New Delhi – 110 015

89

BENCH AT MUMBAI
CP NO. OF 2017
IN THE MATTER OF:

AND
IN THE MATTER OF:
FOURTH DIMESNION SOLUTION LIMITED

….Applicant/Operational Creditor
AFFIDAVIT
I, Dalbir Singh, S/o: Mange Ram, aged 37 years, having office at DSM-340,
DLF Trade Towers, Shivaji Marg, New Delhi-110015, the Deponent do hereby
solemnly affirm, state and declare as follows:
1. That I am the authorized representative of M/s Fourth Dimension
Solutions Limited vide Board Resolution dated 04.03.2017to file an
application with Hon’ble National Company Law Tribunal, New Delhi
and to initiate Corporate Insolvency Resolution process in the matter of
M/s Ricoh India Limited in terms of section 9 of The Insolvency and

90
Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and
Bankruptcy (Application to Adjudicating Authority) Rules, 2016 and
Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate
Persons) Regulations, 2016.
2. That I am fully conversant with the facts and circumstances of the case
and am also duly empowered and competent to swear and affirm this
affidavit in my official capacity.
3. That the accompanying Application for initiation of Corporate Insolvency
Resolution Process in the matter of Ricoh India Limited has been filed by
me on behalf of the Operational Creditor, i.e. M/s Fourth Dimension
Solutions Limited. The facts stated therein based on the records of the
Operational Creditor are true to my personal belief.
4. No notice of any pre-existing dispute has been received by the
Operational Creditor. That the Corporate Debtor has vide its letter dated
12.10.2017 given the reply on Fourth Dimension Solutions Limited’s
notice alongwith invoice demanding payment without any documentary
evidence. That the contents of the said reply shall not be construed to
mean a dispute in respect of the unpaid operational debt as the Corporate
Debtor has not brought to the knowledge of the Operational Creditor of
any dispute pending before any court / tribunal, which may include a suit
91
or arbitration proceeding, prior to the date of receipt of the notice dated
03.10.2017.
DEPONENT
VERIFICATION
I, the above-named Deponent, do hereby verify that the paras 1 to 4 of the
instant affidavit are true and correct to my knowledge. No part of it is
false and nothing material concealed therefrom.
Verified at Delhi on this _____ day of October, 2017.
DEPONENT
CONCLUSION
To conclude the report, I would say that this internship experience was a great teacher for me
and also was an amazing learning experience. Though the strike did put a break on the entire
learning process, it did form a part of my internship experience.
It opened up the curtain between academic knowledge and its application in real life. It gave
me a taste of what I am going to do in my future. I felt privileged to be a part of the legal
fraternity and I was also lucky to have interned with Mr. PIYUSH. From his, I not only got to
learn the quirks of the legal profession as a lawyer but I also got to know the importance of
having a wide social base and the importance of networking.
92
One thing that will always stay with me is to be a successful and a passionate litigator, one
needs to love the heavy case files and the voluminous books and love to be surrounded by
them and feel awed by them.
All in all, the internship experience was fascinating as well as satisfying. It was an enriching
4 weeks which certainly made me think in a different way about various problems one sees in
his life. I am eagerly waiting to be able to do another internship soon.

Chinmay Internship Diary

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1

LAW CENTRE II, FACULTY OF LAW

S NO. TOPIC PAGE NO.

03. Certificate of internship 4

06. Daily Work -Observing the proceedings 5-23

07. Documents Drafted during the Internship Period 24-92

PART-A: Daily Work -Observing the proceedings

1st JUNE, 2017

STATE V. CHAUDA MATTHA

wherein we were supposed to furnish bail for the accused.

6th JUNE, 2018

On the 6th JUNE, 2018, attended the hearing in the case

IN THE MATTER OF:

PAYAL SETH V. XYZ INDIA LTD.

● The Applicant/Financial Creditor filed booked a residential apartment “Apartment

Amount Date Rate Annexure

62,93,700/- 15.03.2012 10% of BSP

66,50,238/- 13.06.2012 10% of BSP

(Demand notice) 13.06.2012

1,28,36,066/- 12.02.2013 20% of BSP

(Demand notice) 06.11.2012

7TH JUNE, 2018

IN THE MATTER OF:

SAURABH DESAI V. XYZ INDIA PVT. LTD.

8th JUNE, 2018

On 8th JUNE, attended the proceedings at NCLT in the matter:

NIRMAL BANSAL V. ABC WATERFRONT PVT. LTD.

Amount Date Rate Annexure

allotment time of 36 months.

9TH JUNE, 2018

12th JUNE 2018

On 12th JUNE , attended the hearing in the matter:

Navmi Sharma v. Neeraj Sharma

The matter is at the stage of cross examination.

Representing the complainant

her elder daughter.

13th JUNE, 2018

In the matter of:

SWAPNIL CHAUDHARY v . VIKAS DHANDA

14TH JUNE, 2018

In The Matter of:

RITURAJ MOHANTY V. KEERTI ATRI

the side of plaintiff. It was a matter of s-138 of NI act 1881.

15th JUNE, 2018

In the matter of:

KETKI SURI V. ABHISHEK VIRMAN

In the matter of:

Anjali Dhawan v. Delhi Public School & Ors.

result of which is awaited.

the loss of job.

Court in order to dissuade such malpractices.

COURT’s HOLIDAYS (16th JUNE, 20178 to 2nd JULY, 2018)

3rd JULY, 2018

Thomas Global V. Tescos Logistics Pvt. Ltd.

4th JULY, 2018

5th JULY, 2018

6th JULY, 2018

On reaching the office I was made to research on quashing of FIR in non-compoundable

7th JULY, 2018

10TH JULY, 2018

11TH JULY, 2018

12TH JULY, 2018