Roll No. 16-Gaurav Jayesh Nagra - TYLLB - Drafting, Pleading and Conveyancing (DPC)

Om Vidyalankar Shikshan Sansthas
Asmita College of Law, Vikhroli, Mumbai
Draft Submission of Practical Training III
Submitted to: Prof. Keshao Tiwari And Komal Bhandari

(Practical Training In charge)
Submitted by: Mr. GAURAV JAYESH NAGRA
Class: T.Y.LLB (3rd Year LLB)
Roll No: 16
Date of Submission: 21/03/2020
Place: Vikhroli
INDEX
Sr.
Particulars Page No.
No.
CIVIL AND CRIMINAL
1 Plaint 4
2 Written Statement 15
3 Interlocutory Application 27
4 Original Side Petitions 29
5 Affidavits 33
6 Execution Petition 34
7 Memorandum of Appeal 41
8 Civil Revision Application 43
9 Petition under 226 (Civil) 44
10 Petition under 32 (Civil) 47

11 Criminal Complaints 54
12 Criminal Miscellaneous Petitions 56
13 Bail applications 58
Memorandum of Appeal and

14 59
Revisions
15 Consumer Complaint 61
2
Sr.
Particulars Page No.
No.
CONVEYANCING
16 Sale Deed 69
17 Agreement to Sale 76
18 Mortgage Deeds 83
19 Leave and License Agreement 89
20 Lease Deed 100
21 Gift Deed 107
22 Promissory Note 112
23 Power of Attorney 113
Memorandum of Understanding
24 122
(MOU)
25 Partnership Deed 127
26 Will 132
27 Service Agreement 133
28 Memorandum of Association 136
29 Article of Association 140
30 Legal Notices 146
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IN THE HON’BLE CITY CIVIL COURT
AT BOMBAY
SUMMARY SUIT NO. OF 2020
(Under order XXXVII of the Code of Civil Procedure Code 1908)
Easy Spin Private Limited, a Proprietary Firm )

Through it proprietor Mr. Janab Nawab Hussain )
An Indian Inhabitant, Aged about ___ years )
Having its office at Gala No.6, Powai Shopping Centre, )
Sonapur, Bhandup (W), Mumbai-400 078. ) ….Plaintiff
V/s.
1. Awesome Coffee Private Limited (a partnership firm), )

2. Mr. Ram B. Dandeshwar (Partner of Add no. 1) )
Both having address at: Shop No. D-2/1, Ghar Onida,)
Sector-9, Kopar Khairane, Navi Mumbai- 400701 )
….Defendants no. 1 & 2
THE PLAINTIFF ABOVENAMED STATE AS UNDER:
The Plaintiff states & submits that he is running a business in the name of
Easy Spin Private Limited, a sole proprietary firm having its office at Gala No.6,
Powai Shopping Centre, Sonapur, Bhandup (W), Mumbai-400 078,
Maharashtra. The Plaintiff submits that he is engaged in the business of Buying
and Selling M. S. Scrap, S.S. Scrap, Reconditioning machinery, etc. since last
several years.
The Plaintiff submits that the Defendant no.1 being a Partnership firm and
Defendant no.2 being its Partner having its office situated at Shop No. D-2/1,
Ghar Onida, Sector-9, Kopar Khairane, Navi Mumbai- 400701 as represented
by all Defendants as a proprietary firm and its proprietor to the Plaintiff when
all Defendants had approached the Plaintiff at their shop situated at Bhandup
(W) sometime in the year July 2016 and the Defendant no. 2 at that point of
time further represented to the Plaintiff as Proprietor of Proprietary Firm
Awesome Coffee Private Limited that the Defendants are engaged in purchase
and sale of Bulk Scrap materials and also in other services of High Rich
Demolition, Diving Work, All type of Core Drilling, Concrete Sawing, Rock
Sawing, Concrete Crushing, Rock and Concrete Splitting Work, etc. The Plaintiff
further say that all Defendants further represented to the Plaintiff that all
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Defendants through common friend Mr. Madhukar Choudhary, the Defendant
no.2 being aware and came to the knowledge that the Plaintiff is in need of bulk
scrap materials i.e. to the tune of Rs.40,00,000/- approximately for the
Plaintiffs’ business purposes which had made the all Defendants to approach
the Plaintiff for sale of bulk scrap materials which the all Defendants had
purchased from Reliance Petrochemicals Plant, Vadodra, Gujarat to a tune of
around Rs.70,00,000/- as represented by the Defendants and as the Plaintiff is
very much in need of bulk Scrap materials the Defendants further represented
to the Plaintiff that if the Plaintiff is interested to purchase the bulk scrap
materials worth Rs.40,00,000/- approximately, the Defendants would duly
supply the said bulk scrap materials to the Plaintiff after the Plaintiff would pay
advance payment in respect of the said bulk purchase and the Defendants even
issued the Plaintiff their visiting card too and also reiterated above
representations for purchase of bulk scrap materials from the Defendants and
the Defendants in order to gain confidence of the Plaintiff further represented
that the bulk materials of Reliance being top and fine quality and if the Plaintiff
is willing to purchase the said top quality scrap materials from the Defendants
the Plaintiff would surely gain only as represented by the Defendants to the
Plaintiff. At that point of time the Plaintiff only submitted that the Plaintiff only
requires materials worth Rs.40,00,000/- for their business purposes and the
Defendants further represented to the Plaintiff for the said purchase of bulk
scrap materials of Rs.40,00,000/- the Plaintiff had to pay advance payment of
Rs.20,00,000/- approximately in advance and after the receipt of the advance
payment of Rs.20,00,000/-, the Defendants shall immediately deliver and
supply the scrap materials and after the delivery of the said goods remaining
goods worth Rs.20,00,000/- approximately would be supplied by the
Defendants later on and the Plaintiff shall pay the balance amount of
Rs.20,00,000/- approximately after the receipt of the further scrap material and
relying upon the Defendants aforesaid representations and assurances that
after the receipt of the advance payment for the said purchase of huge bulk
scrap materials from the Defendants, the Defendants would duly supply and
deliver the bulk scrap materials with immediate effect and thereby only the
Plaintiff duly agreed to pay the Defendants advance payment of Rs.20,00,000/-
for the said purchase and thereby believed upon the Defendants blindly and in
good faith for the said representations and assurances and thereby the Plaintiff
duly agreed.
1. The Plaintiff states that relying upon the Defendants aforsesaid

representations and assurances as stated above, the Plaintiff had paid the
Defendants advance payment of Rs.19,50,000/- out of Rs.40,00,000/-
through RTGS payment as shown in below table in the Defendants’ favor
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for purchase of huge bulk scrap materials and inspite of the receipt of
advance amount of Rs.19,50,000/- The Defendants till date failed to
deliver and supply huge bulk scrap materials worth Rs.40,00,000/- to the
Plaintiff till date inspite of receipt of advance payment of Rs.19,50,000/-
and also inspite of the Defendants aforesaid representations and
assurances the Defendants till date failed to comply as stated above which
the Defendants can’t deny at all. Hereto annexed and marked as EXHIBIT
“A” are the copies of the said RTGS payment receipts.
Table
Sr. Date of RTGS Amount transferred Mode of

No. payment (in Rs.) Payment
1 19/07/2019 5,00,000/- RTGS
2 17/01/2020 11,50,000/- RTGS
3 22/02/2020 3,00,000/- RTGS
Total 19,50,000/-
2. The Plaintiff further states that despite repeated requests and reminders by
the Plaintiff and despite of the Plaintiff approaching the Defendants
personally on several occasions for not only supply of above said huge
quantity of bulk scrap materials worth Rs.19,50,000/- out of total materials
worth Rs.40,00,000/- approximately as stated above and remaining
materials worth Rs.20,00,000/- approximately later on as per the
Defendants aforesaid representations and assurances as stated above but
in vain till date as inspite of receipt of advance payment of Rs.19,50,000/-
as stated above till date the Defendants neither supplied and delivered the
bulk scarp materials worth Rs.19,50,000/- nor supplied any materials nor
returned back the Plaintiffs’ advance payment of Rs.19,50,000/- and thus
the Plaintiff have realised that the Defendants intentions since inception
being dishonest and ab initio malafide just to not only cheat the Plaintiff but
also commit an act of Criminal Breach of trust as the Plaintiff is in firm
belief that the Defendants have utilized hard earned money of the Plaintiff
for the Defendants other gains and thus the Defendants had gain wrongfully
and thereby wrongful loss to the Plaintiff.
3. The Plaintiff submit that as per all Defendants aforesaid representations

and assurances, all Defendants failed to repay outstanding advance
payment of Rs.19,50,000/- for the RTGS payments as shown in the above
table and as all Defendants failed to pay the outstanding advance payment
of Rs.19,50,000/- for the purchase of scrap materials as stated above, the
Plaintiff even follow up to all Defendants intimating them about the
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outstanding advance payment of Rs.19,50,000/- as shown in table which
they can’t deny. However, in-spite of several reminders and follow ups, all
Defendants deliberately failed to pay the said outstanding advance payment
of Rs.19,50,000/- for the purchase of scrap materials as shown in the table.
4. The Plaintiff submits that as the all Defendants failed to pay the outstanding
advance payment of Rs.19,50,000/-, the Plaintiff thereafter had also
intimated to all defendants by issuing notice dated 08/07/2017 through
their advocate by RPAD post sent on 10/07/2017 calling upon defendants
to pay the outstanding advance payment of Rs.19,50,000/- along with 18%
interests. Hereto annexed and marked EXHIBIT -“B” is the copy of the said
notice dated 08/07/2017 and marked EXHIBIT -“C” are postal receipts
dated 10/07/2017.
5. The Plaintiff submits that the Defendants after the receipt of the said
letter/notice dated 08/07/2017 replied the said notice/letter dated
08/07/2017 vide their Advocate’s letter dated 12/09/2017 i.e.almost after
2 months from the date of receipt of letter dated 08/07/2017 & after reading
the contents of the reply dated 12/09/2017 by the Defendants, the Plaintiff
got shock & supper as the Defendants intentions since inception was to
cheat the Plaintiff on several folds as for cheating the Plaintiff the
Defendants represented theirself as proprietary firm and Defendant No.2 is
proprietor of Defendant No.1 just to gain wrongfully from the Plaintiff
Rs.19,50,000/- in the pretext of supplying goods worth Rs.19,50,00/- as
stated above & thereby wrongful loss to the Plaintiff to a tune of
RS.19,50,000/- as the Defendants neither returned back the huge amount
of Rs. 19,50,000/- nor supplied the goods worth Rs. 19,50,000/- as per the
Defendants aforesaid representations and assurances as stated above
which being false as the Defendants only after the Plaintiff shot the letter
dated 08/07/2017, the Defendants after 2 months from the receipt of the
letter dated 08/07/2017 revealed the true fact that Defendant No.2 is
partner of Defendant No.1 i.e. their partnership firm and the said fact was
revealed in reply dated 12/09/2017. However, in the said reply the
Defendants admitted the receipt of the amount of Rs.19,50,000/- from the
Plaintiff which itself shows & proves that the Defendants intentions since
inception being dishonest & to cheat the Plaintiff & gain wrongfully &
thereby wrongfully loss to the Plaintiff to a tune of Rs.19,50,000/-. Hereto
annexed and marked EXHIBIT -“D” is the copy of the said reply letter dated
12/09/2017.
6. The Plaintiff submits that the Plaintiff deny each & every contentions,
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allegations as alleged in the Defendants reply dated 12/09/2017 to the
Plaintiffs’ letter 08/07/2017 & a detailed rejoinder reply dated 14/11/2017
has been addressed to the Defendants Advocate’s and the Plaintiff rejoinder
reply dated 22/11/2017 address to the Defendants by RPAD post sent on
09/12/2017. The Plaintiff thereby vide this letters dated 14/11/2017 &
22/11/2017 again demand upon the Defendants as partnership firm &
Defendant No.2 as partner of Defendant No.1 as per the Defendants
contentions in reply dated 12/09/2017 either to return back the said huge
amount of Rs.19,50,000/- along with 18% interests from the date of receipt
of amount of Rs.19,50,000/- by the Defendants till date or else supply the
bulk scrap materials of the said amount of Rs.19,50,000/- and said
letter/notices dated 14/11/2017 & 22/11/2017 being a final notice calling
upon the Defendants without further notice. The Plaintiff say that the said
amount admitted by the Defendants in their reply dated 12/09/2017.
Hereto annexed and marked EXHIBIT -“E” are the copies of the said notices
dated 14/11/2017 & 22/11/2017 and marked EXHIBIT -“F” are postal
receipts dated 09/12/2017.
7. The Plaintiff submit that the said notices dated 08/07/2017, 14/11/2017
& 22/11/2017 had been sent to the all Defendants & their advocate at the
last known and correct address. The Plaintiff further submit that notices
dated 08/07/2017, 14/11/2017 & 22/11/2017 had been duly served upon
all Defendants and their advocate on 12/07/2017 & 13/12/2017 as postal
acknowledgement card received to the Plaintiff duly signed by receiver of all
Defendants & their advocate. Hereto annexed and marked as EXHIBIT “G”
are the copies of the said acknowledgement cards.
8. The Plaintiff therefore say and submit that all Defendants are liable to pay
the Plaintiff a sum of Rs.23,33,819/- (Rupees Twenty Three Lacs Thirty
Three Thousand Eight Hundred Nineteen) i.e. principle outstanding
amount Rs.19,50,000/- + Rs.3,83,819/- i.e. Interest @ 18% p.a. on
outstanding dues from the date of RTGS payment paid in advance for
purchase of materials as per Particulars of Claim marked as Exhibit-“H”
and further directing all the Defendants to pay jointly and/or Severely the
interest from the date of filing the suit till the payment and/or realization of
outstanding amount of Rs.19,50,000/-. Hereto annexed and marked
EXHIBIT “H” is the Particulars of Claim.
9. The Plaintiff state that the Plaintiff carry on business in Mumbai. The
Plaintiff further submits that entire transactions between the Plaintiff and
Defendants took place at Mumbai as stated above & RTGS payment made
8
at Mumbai and Demand Notice for outstanding Payment of Rs.19,50,000/-
was issued to all Defendants from Mumbai and also all Defendants having
place of business at Ghansoli, Navi Mumbai and thereby cause of action
arose in Mumbai on 19/07/2016. Therefore this Hon’ble Court shall have
the jurisdiction to entertain this present suit. The Plaintiff states that the
Suit is not barred by the law of limitation.
10. The suit is filed on the basis of huge amount due and payable by the
Defendants as stated above and therefore the suit is filed to recover the same
from the Defendants in this suit filed as Summary Suit as contemplated
under provisions of Order XXXVII, RULE 2 of the Civil Procedure Code 1908
& the suit is based on recovery of outstanding advance payment &
supported by RTGS payment receipts as regarding the outstanding dues of
the Plaintiff as stated above in table, therefore, maintainable as a Summary
Suit. However no relief which falls under Order XXXVII of the Civil Procedure
Code 1908 is claimed herein.
11. The Plaintiff state that the present suit is filed under Order XXXVII of the
Civil Procedure Code 1908 and no relief does not fall within the ambit of
order XXXVII rule 2 of CPC is not claimed herein.
12. The Plaintiff valued the value of suit for a sum of Rs.23,33,819/- (Rupees
Twenty Three Lacs Thirty Three Thousand Eight Hundred Nineteen) for
proposed court fees and jurisdiction and paid necessary court fee
accordingly.
13. The plaintiff states that they have not filed any other suit or proceedings in
respect of above subject matter in any Court or Authority.
14. The Plaintiff states that they are not aware whether the Defendants have
filed any proceedings against them in respect of the above subject matter of
the present suit and that any case, the Defendants have not served the
Plaintiff with Caveat.
15. The plaint signed and declared by Mr. Rizwan Ahmed Khan, the proprietor
of the Plaintiff Firm and he is conversant with fact of case and able to depose
the same.
16. The Plaintiff shall rely upon the list of documents which is
annexed herein.
17. The Plaintiff craves leave to add, alter or amend any of the foregoing Prayers
& paragraphs with the permission of this Hon’ble Court.
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18. The plaintiff therefore prays that:
a. This Hon’ble Court be pleased to passed an order for judgment and
decree in favour of the Plaintiff directing all the Defendants to pay jointly
and/or Severely the sum of Rs.23,33,819/- (Rupees Twenty Three Lacs
Thirty Three Thousand Eight Hundred Nineteen) i.e. principle
outstanding amount Rs.19,50,000/- + Rs.3,83,819/- i.e. Interest @ 18%
p.a. on outstanding dues from the date of RTGS payment paid in advance
for purchase of materials as per Particulars of Claim marked as Exhibit-
“H” and further directing all the Defendants to pay jointly and/or
Severely the interest from the date of filing the suit till the payment
and/or realization of outstanding amount of Rs.19,50,000/- and cost
thereof & also cost of the suits including cost under Order XXA of the
CPC 1908.
b. And grant any other such reliefs as this Hon’ble Court deems fit & proper
in the circumstances of this case, in the interests of justice and equity.
For. Easy Spin Private Limited
Mr. Janab Nawab Hussain

Constituted Attorney of plaintiff
Adv. Alpa Shah
Advocate for the Plaintiff
VERIFICATION
I, Mr. Janab Nawab Hussain, the Plaintiff above named, having address at Office
at Gala No.6, Powai Shopping Centre, Sonapur, Bhandup (W), Mumbai-400 078,
Maharashtra do hereby solemnly affirm & declare that whatever stated in the
para no. 1 to 10 are true and correct to the best of my knowledge and what is
stated in the remaining paras of the suit is stated on the legal advice, information
and belief, and I believe the same to be true.
Solemnly affirmed at Mumbai )

On this16th day of March, 2020 )
10

Adv. Alpa Shah
BEFORE ME

AT BOMBAY
Easy Spin Private Limited ….Plaintiff

V/s.
Awesome Coffee Private Limited ….Defendants no. 1 & 2
GIST OF PRAYERS
THE PLAINTIFF THEREFORE PRAYS THAT:
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a. This Hon’ble Court be pleased to passed an order for judgment and
decree in favour of the Plaintiff directing all the Defendants to pay jointly
and/or Severely the sum of Rs.23,33,819/- (Rupees Twenty Three Lacs
Thirty Three Thousand Eight Hundred Nineteen) i.e. principle
outstanding amount Rs.19,50,000/- + Rs.3,83,819/- i.e. Interest @ 18%
p.a. on outstanding dues from the date of RTGS payment paid in
advance for purchase of materials as per Particulars of Claim marked
as Exhibit-“H” and further directing all the Defendants to pay jointly
and/or Severely the interest from the date of filing the suit till the
payment and/or realization of outstanding amount of Rs.19,50,000/-
and cost thereof & also cost of the suits including cost under Order XXA
of the CPC 1908.
b. And grant any other such reliefs as this Hon’ble Court deems fit &
proper in the circumstances of this case, in the interests of justice and
equity.
Adv. Alpa Shah

Advocate for Plaintiff

AT BOMBAY
Easy Spin Private Limited ….Plaintiff

V/s.
Awesome Coffee Private Limited and Ors. ….Defendants no. 1 & 2
AFFIDAVIT IN SUPPORT
I, Mr. Janab Nawab Hussain, the Plaintiff above named, do hereby state on
solemn affirmation as under:-
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1. I say that I have filed the present suit against the Defendant nos.1 & 2 for
the outstanding RTGS payment paid in advance for supply of materials
and entire facts have been stated by Plaintiff in the Suit.
2. I say that inspite of receipt of Demand notice, the Defendants failed and
neglected to make the outstanding payment.
3. The plaintiff craves leave and rely upon each and every contention of the
Plaint as part of this Affidavit to avoid repetition.
4. Under the circumstances, the Plaintiff pray that the suit filed by the
Plaintiff be decreed in favour of the Plaintiff.
5. I say that whatever stated by the Plaintiff in the suit is true and correct
and best of my knowledge and belief.

The plaintiff
Adv. Alpa Shah

VERIFICATION
I, Mr. Janab Nawab Hussain, aged about ___, the Plaintiff above named, having
address Office at Gala No.6, Powai Shopping Centre, Sonapur, Bhandup (W),
Mumbai-400 078, Maharashtra do hereby solemnly affirm that whatever stated
above is true and correct and I believe the same to be true.

On this January, 2020. )

Adv. Alpa Shah

13
Before Consumer District Forum, Faizabad
CC No: 295/13
Amrit Kaur Singh ………Complainant
Vs
1) Sunil Kumar ,
Sales Marketing Honor
Commodities Private Ltd
2) Branch Manager, Faizabad

Honor Commodities Pvt. Ltd.
3) Honor Commodities Pvt. Ltd.

10th Floor, Bata Building ,
Lodha I Think Techno Campus,
Off JVLR , Bhandup (East),
14
Mumbai -400 042.
……….Opposite Parties/Opponents
WRITTEN STATEMENT OF THE OPPOSITE PARTIES ABOVE NAMED TO THE

COMPLAINT OF THE COMPLAINANT
MOST RESPECTFULLY SHEWETH :
I, Ms. Pooja Suresh Rodrigues aged about 37 years the Service : Senior Manager of
Honor Ltd., Mumbai the Opposite Parties (Opponents) abovenamed do hereby state on
solemn affirmation that whatever is stated herein below is true and factual as per best
of my knowledge and belief and/or stated upon the information gathered on the records
of the office of the Opposite Parties (Opponents)abovenamed and believe to be true and
correct.
1. I further say that I am duly authorized to file the written statement on behalf
of the Opposite Parties (Opponents) abovenamed vide its Board Resolution/
letter of authority dated 17th January 2016. I say that I have read and
understood the aforesaid complaint. I have also gone through other relevant
documents and I am conversant with the facts and circumstances of the case.
I am therefore in a position to depose in the matter. Annexed herewith &
marked as Exhibit “A” copy of Board Resolution/ letter of authority dated 17th
January 2016.
2. I say that Honor limited i.e. the Opposite Parties (Opponents) abovenamed
having its registered & head office situated at 10th Floor, Bata Building,
Lodha I Think Techno Campus, Off JVLR, Bhandup (East), Mumbai -400 042.
.
3. Save what are matters of records, save what can be established therefrom and
save what are specifically admitted hereinafter any other allegations made in
the instant complaint, contrary thereto and/or inconsistent therewith are
specifically denied as if the same are set out herein, seriatim and traversed.
4. I say that the Opposite Parties (Opponents) abovenamed are filing this written
statement for the purposes of opposing the complaint of the Complainant and
the ruling sought therein, consequently statement or averment which is any
manner contrary to and/or inconsistent with the stand taken up by the
Opposite Parties (Opponents)abovenamed herein but which is not specifically
denied, may kindly be treated as denied in toto.
PRELIMINARY OBJECTIONS:
5. Without prejudice to the above, the Opposite Parties (Opponents) states that
the complaint of the complainant is false, baseless and vexatious and the
same is filed only to harass the Opposite Parties (Opponents) and therefore
on this ground alone the complainant ought to be dismissed. That the present
complaint is wholly misconceived, groundless & unsustainable in law & is
liable to be dismissed as such.
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6. With prejudice to the above, the Opposite Parties (Opponents) states that the
Complaint is not a consumer within the meaning and definition of consumer
under section 2 (1) (d) of the consumer Protection Act as alleged or otherwise.
I further state that the Opposite Parties (Opponents) abovenamed is not guilty
of any deficiency in service within the meaning the definition of the Deficiency
under section 2 (1) (g) of the said Act as alleged or otherwise and if the entire
complaint is perused the complainant has not shown any deficiency or
negligence nor made out any prima facie case.
7. Without Prejudice to the above, the Opposite Parties (Opponents)
further states & submit that this Hon’ble Forum would have no
jurisdiction to try, hear and entertain the complaint under section 11
(Jurisdiction of the District Forum) of the said act as alleged or
otherwise. Given the present facts and circumstances, this Hon’ble
Forum has no Jurisdiction to adjudicate upon the dispute raised by the
Complainant. The proceedings initiated by the Complainant under the
Act are non est., null & void & without jurisdiction i.e. TERRITORIAL
JURISDICTION (SECTION 11 OF THE ACT).
8. Without Prejudice to the above, I say & submit that this hon’ble court has no
jurisdiction to entertain and adjudicate upon the dispute involved in the
complaint in as much as it is not a consumer dispute and does not fall within
the ambit of the provisions of the Consumer Protection Act, 1986, hereinafter
called the said Act & therefore the Complaint is liable to be dismissed
summarily on this score alone & further this Hon’ble forum has no
Territorial Jurisdiction as prescribed under section 11 of the C.P. Act,
1986 as stated above.
9. That this Hon’ble forum has no jurisdiction to entertain and adjudicate upon
the dispute involved in the complaint in as much as it is not a consumer
dispute and does not fall within the ambit of the provisions of the Consumer
Protection Act, 1986 hereinafter called the said Act and is exclusively triable
by a Civil Court and such complaint is liable to be dismissed summarily on
this score alone.
the Complainant is not a consumer as defined in the said act for the reasons
stated above and below and therefore no cause of action arises to file the
present complaint before this Hon’ble Forum. I further say that the
complainant has approached this Hon’ble Court with unclean hands and also
have suppressed many facts from this Hon’ble Forum. I further submit that
the Complainant has not made out a prima facie case at all and therefore is
not entitled for any reliefs. The apprehensions expressed by the Complainant
are ill founded and the Complainant is not entitled for any reliefs at all. On
the Contrary the Complainant has suppressed from this Hon’ble Forum facts
that goes to the root of the matter and having approached this Hon’ble Forum
with unclean hands and having indulged in suppression veri the case of the
16
Complainant deserves to be thrown out summarily. It is settled position of law
that any person, whose case is based on falsehood is not entitled for any reliefs
at all. The proceedings initiated by the Complainant under the Act are non
est, null & void & without jurisdiction.
the definitions of “Complainant”, “Complaint”, “Consumer Dispute” &
“Service”, as defined in Section 2(1) of the Consumer Protection Act, 1986 do
not cover the claims arising under the present dispute & that from the
aforesaid definitions, the Complainant is not a “Consumer” & the controversy
involved in the Complaint is not a “Consumer Dispute”.
the present complaint is baseless & a flagrant abuse of process of law to
harass and blackmail the answering Opposite Party.
the Complainant has no locus standi to initiate the present proceedings.
there is no cause of action has arisen at the address of the Opposite Parties
(Opponents)abovenamed as alleged or otherwise and the same has been never
stated by the Complainant in his Compliant. The complainant has no ground
to file complaint u/s 12 of the Consumer Protection Act and hence the same
is not at all to be admitted at first instance. Therefore the present complaint
is groundless and unsustainable in law and is liable to be dismissed in totality
on this ground alone.
15. Without prejudice to the above, the Opposite Parties (Opponents)states that
the present complaint is hopelessly barred by limitation.
16. That the present complaint is frivolous and vexatious and liable to be
dismissed under section 26 of the Act.
17. That the present complaint has not been verified in accordance with law.
18. What is stated hereinafter is without prejudice to the aforesaid
contentions.
ON MERITS:
19. The Opposite Parties (Opponents) submit that additionally National

Stock Exchange Circular dated 13th July, 2015 and Bombay Stock
Exchange Notice dated 15th July, 2015 came into operation after
receipt of a letter dated 09 July 2015 from SEBI. It has clearly stated
that “as per settled law, regular trading in shares to earn profits are in
the nature of commercial transactions. Where a person engages a
broker for the purpose of regular purchase and sale of shares, it falls
within the scope of ‘Commercial Purpose”. Hence any dispute arising
solely out of such commercial transactions may not fall within the
scope of the Consumer Protection Act, 1986 for the purpose of seeking
any relief there under. Hence we request this Hon’ble Court to direct
17
the Complainant to file the complaint with the relevant court. Attached
herewith are the circulars referred above and marked and annexed as
Exhibit “B” Colly.”.
The opposite parties in support of above shall rely upon the following
below judgments /rulings/ authorities:
a) In the matter of National Consumer Disputes Redressal

Commission, New Delhi Revision Petition NO. 3986 OF 2011.
(Against the order dated 27-07-2011 in First Appeal No. 556 of
2010 of the State Consumer Disputes Redressal Commission,
Haryana, Panchkula) Vijay Kumar son of Sh. Jaswant Rai Vs. The
Branch Manager, Indusind Bank, Sector-11, Panchkula. National
Forum maintained that; Since, petitioner has been trading regularly
in the shares which are a commercial transaction; as such he would
not be a consumer as per Section 2 (1) (d) (ii) of the Act. Moreover,
regular trading in the purchase and sale of the shares is a
commercial transaction and the only motive is to earn profit. Thus,
this activity is purely commercial one and is not covered under the
Act. There are concurrent findings of facts also with regard to the
service of the notice upon the petitioner.
b) National Consumer Disputes Redressal Commission, New Delhi
Revision Petition No. 2752-2754 Of 2011 (From The Order Dated
17.06.2011 In Appeal No. 2165-2167 Of 2010 Of The Karnataka
State Consumer Disputes Redressal Commission,Bangalore)
Sh. Shashikant S Timmapur Versus Karvy Stock Broking Ltd.and
ors, The National Commission observed that The concurrent finding
recorded by the State Consumer Disputes Redressal Commission,
Maharashtra and the National Consumer disputes Redressal
Commission that the petitioners cannot be treated as ‘consumer’
within the meaning of Section 2(d) of the Consumer Protection Act,
1986, is based on analysis of the pleadings filed by the parties. The
DMAT Account was opened by the petitioners purely for commercial
transactions. Therefore, they were rightly not treated as ‘consumer’
so as to entitle them to claim compensation
by filing complaint under the Consumer Protection Act 1986t”. In
the light of aforesaid judgments, as complainant/petitioner was a
businessman and availing services of OPs for sale and purchase of
shares in heavy volume for earning huge profits, complainant does
not fall within the purview of consumer and learned State
Commission has not committed any error in dismissing appeals and
affirming order of District Forum dismissing complaints.
18
c) National Consumer Disputes Redressal Commission New Delhi
Revision Petition No. 1179 Of 2012 (from the order dated
29.08.2011 in first appeal no. 275 of 2009 of the Tamil Nadu state
consumer disputes redressal commission, Chennai) a. asaithambi
versus 1. the company secretary, m/s satyam computer services ltd.
2. m/s aishwarya & co. 3. v. kannan, 4. v. seetha,
Order pronounced on 1st august, 2012 by justice j. m. malik,
presiding member National Forum observes that Certainly, clauses
(iii) and (iv) of Section 2(1)( c) of the Act do not arise in this
case. Therefore, what requires to be examined is, whether any
unfair trade practice has been adopted. The expression ‘unfair
trade practice’ as per rules shall have the same meaning as defined
under Section 36-A of Monopolies and Restrictive Trade Practices
Act, 1969. That again cannot apply because the company is not
trading in shares. The share means a share in the capital. The
object of issuing the same is for building up capital. To raise capital,
means making arrangements for carrying on the trade. It is not a
practice relating to the carrying of any trade. Creation of share
capital without allotment of shares does not bring shares into
existence. Therefore, our answer is that a prospective investor like
the respondent or the association is not a consumer under the
Act. In our view the Consumer Disputes Redressal Forum has no
jurisdiction whatsoever.”
We are of the considered view that the complainant is not a

consumer for the following reasons. Section 2 (1) (d) of Consumer
Protection Act, 1986, defines the word ‘consumer’, as follows :-
“2 (1) (d) – “consumer” means any person who,
(i) buys any goods for a consideration which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment
and includes any user of such goods other than the person who buys such
goods for consideration paid or promised or partly paid or partly promised,
or under any system of deferred payment, when such use is made with the
approval of such person, but does not include a person who obtains such
goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or
promised or partly paid and partly promised, or under any system of
deferred payment and includes any beneficiary of such services other than
the person who hires or avails of the services for consideration paid or
promised, or partly paid and partly promise, or under any system of
deferred payment, when such services are availed of with the approval of
19
the first mentioned person but does not include a person who avails of
such services for any commercial purpose”.
[Explanation— For the purposes of this clause, “commercial
purpose” does not include use by a person of goods bought and
used by him and services availed by him exclusively for the purposes
of earning his livelihood by means of self-employment”].
d) Vijay Kumar Vs. Indusind Bank, II 2012 CPJ 181 (NC). Again,
like question arose for consideration before National Commission in
case of Som Nath Jain Vs. R.C. Goenka & Anr, reported in 1 (1994)
CPJ 27 (NC). In that case, dealing with sale purchase of shares,
National Commission expressed serious doubt whether the
complaint qua it would be maintainable under the Consumer
Protection Act. Because, qua such transactions, elaborate evidence
need to be taken regarding purchase and sale of shares, their
prevalent price in the market and evidence regarding passing of
instructions by client to the broker. Resultantly, the complainants
were relegated to get the dispute decided through civil court.
e) West Bengal State Consumer Disputes Redressal Commission,

Kolkata, in case Ramendra Nath Basu Vs. Sanjeev Kapoor & Anr,
reported in 1 (2009) CPJ 316 qua share trading has held that
transactions between parties do not come under purview of
Consumer Protection Act, 1986.
F) Delhi State Consumer Disputes Redressal Commission, New

Delhi in case Anand Prakash Vs. A.M. Johri & Ors., reported in III
(2000) CPJ 291, by holding that sale purchase of shares are
commercial transactions, so, complainant is not a ‘consumer’ in
such cases.
20) With regards to the allegations alleged in the complaint by the

complainant, the Opposite Parties (Opponents)denies the same in toto and
puts the complainant in strict proof thereof. The Opposite Parties
(Opponents)further submit that the allegations alleged in the complaint by
the complainant is not only false and baseless but also concocted and cock
and bull story just to claim false relief from this hon’ble forum and thereby
the Opposite Parties (Opponents)denies the same in toto.
21) With reference to entire paras of the Complaint is concerned,
the opposite parties denies the said para in toto. It is also further to
be noted that this Forum has no jurisdiction to try & entertain &
decide complaint as complainant had violated the provisions of
Section 11 of the Consumer Protection Act 1986 as stated above in
para & therefore the Opposite Parties (Opponents) states that the
said complaint be liable to be dismissed with exemplary costs on the
point of JURISDICTION as per Section 11 of the Consumer
Protection Act 1986. It is further to be noted that the agreement
executed between the complainant and the opposite parties one of
the clause of the agreement even speaks in volume the point & issue
20
of jurisdiction i.e. one of the terms and conditions of the said
agreement speaks in volume “That any dispute between the member
client if any is there then jurisdiction of the said dispute would be
in Mumbai only” and therefore the said facts being duly aware by
the complainant, complainant had deliberately suppressed the
above said facts from this Forum which is against the provisions of
the Consumer Protection Act, 1986.
22) With reference to the Complaint is concerned the Complainant
is not liable for any reliefs as prayed by him in the said paras & the
same is liable to be dismissed with exemplary costs for the reasons
stated above. The Opposite Parties (Opponents) denies the
contentions in the said paras and puts the complainant in strict
proof thereof and the Complainant is not entitled for any reliefs as
alleged or otherwise as prayed for.
23) Under the circumstances, the Opposite Parties (Opponents)
states that there is no substance in the complaint of the
complainant. From the above facts and circumstances it is clear that
the Complainant’s apprehensions are ill founded and no prima facie
case has been made out by the Complainant against Opp. Party and
in actuality no cause of action for filing the present complaint had
arisen. The Opposite Parties (Opponents) states that Complainant
has only filed the present complaint to harass the Opposite Parties
(Opponents) as the same is very much clear from the averments just
for claiming false reliefs as prayed for and also suppressed several
facts from this Hon’ble Forum and therefore the complaint of the
complainant ought to be dismissed with compensatory & exemplary
costs. The Opposite Parties (Opponents) further states & submits
that for the reasons urged hereinabove the complainant is not
entitled for any reliefs as prayed for of whatsoever nature as prayed
by him in the complaint. The Opposite Parties (Opponents) therefore
prays that the complaint of the complainant be dismissed with
compensatory & exemplary costs.
24) The Opposite Parties (Opponents) further states & submits
that if the reliefs as prayed for by the complainant is granted the
Opposite Parties (Opponents)would suffer grave and irreparable loss
and injury that cannot be compensated in terms of money and the
circumstances narrated hereinabove would also show that balance
of convenience lies in favour of Opposite Parties (Opponents) and
not in favour of complainant and thus no prima facie case has been
made out by the complainant, the complainant is not entitled for
21
any reliefs as prayed by him and the compliant be dismissed with
exemplary costs.
25) The Opposite Parties (Opponents) states that they may be
permitted to alter, amend and / or modify this Written Statement in
future any of the paragraphs or prayers in the said Written
Statement.
26) The Opposite Parties (Opponents) further submit that they
shall rely upon the authorities/ judgments/ rulings as and when
necessary and required apart from the above rulings as stated above
if any with the permission of this hon’ble forum.
27) The Opposite Parties (Opponents) states & submits to rely
upon any relevant documents, papers writings, correspondence,
rulings etc. in the said matter as and when necessary and produced.
28) The Opposite Parties (Opponents) states & submits that the
present complaint is frivolous & vexatious & liable to be dismissed
with exemplary costs.
29) The Opposite Parties (Opponents) states & submits therefore
prays that the Complaint preferred by the Complainant against
Opposite Parties (Opponents) be dismissed with exemplary costs.
The allegations of defect/default/negligence and/or deficiency in
service are wholly misconceived, groundless, false, untenable in law
being extraneous and irrelevant having regard to the facts and
circumstances of the matter under reference.
Prayer Clause with all the submissions made therein is absolutely
wrong and is emphatically denied. Complainant is not entitled to
any relief whatsoever and is not entitled to claim and recover
anything from the answering opposite parties in the light of what is
stated above. The Complaint itself is not maintainable and is beyond
the jurisdiction of this hon’ble forum and is liable to be dismissed
summarily on this score alone and more fully set out in the
preliminary objections. It is prayed that the complaint may kindly
be dismissed with costs.
Any such further and other orders as this Hon’ble Forum may deem
fit and proper be passed in the nature and circumstances of this
case.
AND FOR THIS ACT OF KINDNESS AS IS DUTY BOUND THE

OPPOSITE PARTIES (OPPONENTS)SHALL EVER PRAY.
22
Dated : 04/06/2016 For Honor Limited
Adv. Alpa Shah
Advocates for Opposite Parties Opposite Parties (Opponents)

(Opponents)
VERIFICATION
I Ms. Pooja Suresh Rodrigues aged about 37 years the Service : Senior Manager of
Honor Ltd., on behalf of Opposite Parties (Opponents) do hereby state on solemn
affirmation authorized by the Opposite Parties (Opponents) vide its Board
Resolution / letter of authority dated 17th January 2016 that whatever that has
been stated by me herein above is true to the best of my knowledge and belief
and based on the records of the Opposite Parties (Opponents)and save and
except legal submissions that are based on legal advise, which I believe to be
true.
Solemnly affirmed at )
This 4th June , 2016 )
For Sharekhan Limited
( __________________________ )
Opposite Parties (Opponents)
Adv. Alpa Shah
Identified & Explained By Me
23
Before Consumer District Forum, Faizabad
CC No 295/13
Amrit Kaur Singh ………Complainant
Vs
1. Sunil Kumar ,
Sales Marketing Honor
Commodities Private Ltd
2. Branch Manager, Faizabad

Honor Commodities Pvt. Ltd.
3. Honor Commodities Pvt. Ltd.

10th Floor, Bata Building ,
Lodha I Think Techno Campus,
Off JVLR , Bhandup (East),
Mumbai -400 042. ……….Opposite Parties/Opponents
AFFIDAVIT IN SUPPORT OF WRITTEN STATEMENT
I, Ms. Pooja Suresh Rodrigues aged about 37 years the Service : Senior
Manager of Honor Ltd., of the Opposite Parties (Opponents) do hereby state on
solemn affirmation as under:
1. I state that I am conversant, familiar and do have personal knowledge about
the facts of this case and I am competent to depose the same by way of this
affidavit in the nature of evidence.
2. I state that I am authorized by the Opposite Parties (Opponents) vide its Board
Resolution/Letter of Authority dated 17th January 2016 to file the present
Written Statement in the above complaint. I say that I am working with the
Opposite Parties (Opponents) for last about several years.
24
3. I say and submit on behalf of Opposite Parties (Opponents)that whatever that
has been stated in my written statement is true and best of my knowledge.
VERIFICATION
I, Ms. Pooja Suresh Rodrigues aged about 37 years the Service : Senior Manager
of Honor Ltd., of Opposite Parties (Opponents), duly authorized by the Opposite
Parties (Opponents) abovenamed through its Board Resolution/Letter of
Authority dated ________________ do solemnly state and declare that whatever
stated herein above is true to the best of my knowledge and belief and I believe
the same to be true.
This 4th June , 2016 ) For Honor Limited
( __________________________ )
Opposite Parties (Opponents)
Adv. Alpa Shah
Identified & Explained By Me
25
26
27
ORIGINAL PETITION
FACTS:
S. Narayan Murthy and Laxmi both having married to each other, lived
happily for about two years after the marriage, but since one year S. Mohan
Reddy, was subjecting his wife to both physical and mental cruelty.
In the circumstances, Laxmi submits that it has become undesirable and

impossible for her to live with her husband Narayan Murthy, Laxmi seeks a decree
for judicial separation.
Draft a petition for Sujatha
28
In the Family Court Judge, TirupatI
MARRIAGE O.P. No. 17/2011
Smt. Laxmi ………. Petitioner
Vs.
S. Narayan Murthy ………. Respondent
Petition filed on behalf of the petitioner under Hindu Marriage Act.
Name of the Petitioner
Smt. Laxmi, W/o S. Narayan Murthy, Hindu aged about 30 years house wife
residing at 17-6-93, Brahmin Street, Tirupati.
The address of the petitioner for the service of notice etc. is as stated
above and also care of her counsel. Smt. V. Geetha, Advocate, Tirupati.
Name of the Respondent: S. Narayan Murthy, S/o.Rajan Murthy, Hindu aged about32
years, Doctor by Profession, residing at 8-3-97, G.S. Mada Street, Tirupati. The
address of the respondent for the service of notices etc. is as stated.The petitioner
submits that she is legally married wife of the respondent. This marriage was
celebrated in the year 2008 at Tirupati. At the time of marriage the petitioner‟s
parent‟s gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the
respondent. The marriage was consummated immediately.
The petitioner submits that, she is the legally married wife of the respondent.
Their submits that respondent has started his nursing home at Murthy & Murthy
colony and gained good reputation and were happy for 2 years i.e., since 2011 his life
started to have ups and downs.
The petitioner submits that the respondent slowly cultivated the bad habits
and became share to alcohol and used to have ephedrine etc. So have slowly began
to lose his sexual potency and attach become a total impotent. When he has
been taken to Appolo Hospital, Madras, the doctors have concluded that he lost
his potency because of excessive narcotic drugs and alcohol. The respondent
became frustrated in his life. He gave up his practice slowly the petitioner sold her jewels
to maintain the family. Her parents also helped to some extent.
The petitioner submits that because of inferiority complex the respondent

started to suspect the character of the petitioner. He used to abuse her with vulgar and
filthy words that, she had illegal connections with others. He used to abuse her even, if
beggar stands infront of the house, as the beggar is awaiting for her. She tolerate
29
all these mental torture added to this the respondent used to put cigarettes on
her breast thighs and other private parts and burn them. He enjoys her
screamings. Sometimes he gaged her mouth with cloth and subject her to physical
cruelty.
The petitioner further submits that on 10.02.2011 he made her naked put the blade
on her left breast and applied chillies powder on the wound she cried loudly
apprehending danger and her neighbor and her mother-in-law came there and saved
her from the clutches of the respondent than on 11.02.2011 she came away to her
parents house. She apprehends danger to her parents house also. She apprehends
danger to her life in the hands of the respondent and it is impossible for her to live with
such sadistic husband. Hence the petition for Judicial separation Filed.
The cause of action for this petition for Judicial Separation arose on
01.02.2003 the date of marriage and also 10.02.2011 when she frightened of her
life ran away to her parents house continues de divindum with the jurisdiction of
this hounourable court.
The value of the petition for the purpose of court fee is of Rs. …….. Net and fixed
court fee of Rs. 10/- paid V/Sec of A.P.C.F. & S.V. Act.
The petitioner submits that no similar petitioner has been filled so far before any
court.
PRAYER
The petitioner therefore prays that the honourable court may be pleased to pass
an order and decree.
(a) Declare that the marriage has been dissolved by judicial separation.
(b) Direct the respondent to pay cost of the petition. And pass such others and
further orders as it deem fit and proper in the circumstances of the case.
Adv. Alpa Shah
Advocate for petitioner Petitioner
30
VERIFICATION
I, the petitioner do here by declare that the facts state above are true and correct to the
best of my knowledge and belief and signed this verification on this the 25.02.2011 at
Tirupati
LIST OF DOCUMENTS
1) 01.02.2008 marriage invitation card.
2) Doctor prescription with wound certificate
31
IN THE HON’BLE COURT OF SENIOR DEVISION AT THANE
(Under order XXXVII of the C.P.C. 1908)
Internal Farma Consult Pvt. Ltd. Company )…………….Plaintiff
V/S
Overseas Structurecare Alliance (I) Pvt. Ltd.)………….Defendants
AFFIDAVIT IN SUPPORT
1. I, Shri. RajGopal Krish Shenoy, the Director of the Plaintiff abovenamed,

having address at B-24, 5th Floor, Trade Centre, Plot No. 62, Sector- 11,
CBD Belapur, Navi Mumbai- 400614 do hereby on solemn affirmation
state as under:-
2. I say that I have filed the present suit against the Defendant nos. 1 to 13
for the outstanding Bills/ Invoices and entire facts have been stated by
Plaintiff in the Suit.
3. I say that inspite of receipt of several intimations, the Defendant failed and
neglected to make the outstanding payment.
4. The plaintiff crave leave and rely upon each and every contention of the
Plaint as part of this Affidavit to avoid repetition.
5. Under the circumstances, the Plaintiff pray that the suit filed by the
Plaintiff be decreed in favour of the Plaintiff.
6. I say that whatever stated by the Plaintiff in the suit is true and correct
and best of my knowledge and belief.
Solemnly affirmed at Thane ]
Dated this 17th March 2020 ] Deponent
Adv. Alpa Shah
ADVOCATE FOR PLAINTIFF
32
BEFORE THE ADDITIONAL THANE
CONSUMER DISPUTES REDRESSAL FORUM,
CBD BELAPUR NAVI MUMBAI
Ex. APPLICATION No:__________ OF 2016
IN
O/ Complaint No: 371 OF 2015
Mrs. Arushi H. Gole
Age- Years, Occ- Bussiness
604, Hill View Apartments
Plot No.62, Sector 2A, Ghansoli
Navi-Mumbai- 400 709
Email Id. gole85@gmail.com ………Applicant/ Orig.

Complaint
Versus
Manaba Finance Corporation Ltd
Through Its Branch Manager, Block No.7,
Raigad Bhavan 2nd Floor, Sector11,
CBD Belapur, Navi Mumbai 400 614
Ph. No. Not Known
Email Id. Not Known ………Orig. Opp.Party/

Respondent
APPLICATION U/s 27 OF
THE
CONSUMER PROTECTION
ACT, 1986, FOR EXECUTION
AND NON-COMPLIANCE OF
THE ORDER DATED
29/04/2015.
THE APPLICANT MOST HUMBLY SUBMITS AS UNDER:
1. The applicant has filed the above numbered complaint against the original
Opposite Part u/s 12 of Consumer Protection Act 1986, for the relief of
compensation, deficiencies rendered by the opponent. The Hon’ble Additional
Consumer District Forum. Thane has directed Respondent/ Opposite Party to
refund amount of Rs.2,79,782/-(Rupees Two Lakh Seventy Nine Thousand Seven
Hundred eighty Two Only) with 9% per annum from the date of filing the original
complaint, the Opponent has failed to comply the order dated 29/4/15. Hence,
the Applicant has preferred this execution application.
33
2. The Applicant above named has approached this Hon’ble Forum for seeking
execution of the order dated 29.04.2015 passed by this Hon’ble Forum, a copy of
which is annexed hereto and marked “ Exhibit A”.
3. According to the said order, the above named Respondent has caused deficiency
in service towards the Applicant/ Complainant. The Respondent shall refund an
amount of Rs.2,79,782 /-(Rupees Two Lakhs Seventy-Nine Thousand Seven
Hundred and Eighty Two Rupees) which was illegally collected by the Respondent
with intrest at the rate of 9% per annum from 4.11.2011 till actual date of
Payment. The Respondent is directed to pay compensation of 30,000/- (Rupees
Thgirty Thousand) to the Applicant/ Complainant towards mental torture and
Rs.10,000/-
towards litigation charges. The time granted for compliance of the said order was
45 days from the date of receipt of the order, failing which Respondent is liable
to pay penal intrest @ 9% p.a.
4. The Applicant states that, on or about May 2015, Respondent preferred an Appeal
against the said order dated 29.04.2015, passed bt this Hon’ble Forum, on the
ground of limitation i.e. complaint was time barred and it was filed beyond the
period two years from the date of cause of action mentioned in the complaint.
Thus, on 29.03.2016 the Hon’ble State Commission, thereby, dismissed an
Appeal stating that, there is no delay in filing the complaint, and, thereby stated
that, the case is in favour of Applicant/ Complainant. Thus, reasons stated ny
this Hon’ble District Forum, in the imougned Order appear to be correct and just
and requires no interference. According, to State consumer Dispute Redressal
Commission, Mumbai, The Complaint was verified on 29.10.2013, at Navi
Mumbai. Therefore, there is no delay in filing the Complaint. Hence, said order if
this Hon’ble Forum has become final and enforceable. A copy of Impugned Order
dated 29.03.2016, passed by Hon’ble State Consumer Dispute Redressal
Commission, Mumbai, which is annexed hereto and marked “Exhibit B”.
5. The Applicant submits that, The Respondent Corporation have not complied with
the said Order dated 29.04.2015 and 29.03.2016 of Hon’ble State consumer
Dispute Redressal Commission, Mumbai, despite of service of the copy of the
order, due to which the Respondent have brought about a situation, which is fit
fir the execution of the said order against the above named Respondent under
section 27 of the consumer Protection Act, 1986.
6. The Applicant submits the necessary particulars as follows:
a) Number of the Complaint : 371 of

2015.
b) Names of the Applicant : Mrs.
Arushi H. Gole
c) The date of the Decree :
29.04.2015.
d) Amount with intrest due if
Any as per the decree or
Other relief granted together
With particulars of any cross
Appeal : No
e) Whether and and (if any)
What previous application
Has been made for execution
Ot the decree dates of such
Application & results : None
f) Whether any and (if any)
Payment or other
Adjustments of the matter
Has been made between the
Parties subsequent of the
34
Decree : No.
g) Whether any Appeal
Is preferred : Yes
Amount due to Applicant: Total
(Rs)
Since the order is not complied within
45 days, as per clause 3, intrest @
09% pa. From November 2011 till the
Date of realization which till the date
Of filing this Application is Rs
4,64,370 /-
7. In these circumstances it is just and proper to initiate the Execution proceedings

under/ section 27 of the consumer Protection Act, 1986.
8. The applicant states that, Applicant has not filed any other application u/ section
27 of Consumer Protection Act, 1986, between this Hon’ble or any other
authority.
9. The Applicant further states that applicant has filed affidavit in support of this
application.
10. The Applicant States that, she has not approaches any other Court or Forum for
execution of the above mentioned Oeder dates 29.04.2015 and 29.03.2016
respectively.
11. Since the Respondent herein being the judgement debtor, have failed to pay the
amount being awarded as compensation, despite there being service of the order,
this is a clear case of non- compliance and hence attracting the penal provision
of section 27 of the Cunsumer Protection Act, 1986.
12. In the circumstances it is humbly orayed that :
a) The Hon’ble Commission be pleased to onitiate proceedings against the
Respondent as provided u/s 27 of the Consumer Protection Act, 1986, by
issuing warrant to its Branch Manager, for willful and deliberate non-
complaince of the order dated 29.04.2015 and 29.04.2016, passed by this
Hon’ble State Commission.
b) The Respondent/ Opposite Party may be further commited to maximum jail
imprisonment and also be saddled with the fine as per the provisions of sec.27
of Consumer Protection Act, 1986.
c) Any other and further relief as this Hon’ble Forum may deem fit and proper
in the intrest justice may kindly be passed in favour of Applicant.
d) Cost of the Application and such other and further relief and grants as this
Hon’ble Forum as deemed fit and proper in the circumstances as explained
heretofore;
AND FOR THIS ACT TP KINDNESS THE APPLICANT SHALL AS IN DUTY

BOUND EVER PRAY.
Place: Mumbai
________________________
Dated:___September ,2016 Mrs. Pooja
Joshi Deshpande
35
VERIFICATION
I, Mrs. Arushi H. Gole, the above named Applicant/ Complainant, age-adult,

resident of Mumbai, de hereby solemnly affirm and state on oath that,
whatever is atated in the foregoing para No 1 to 7, are true to the best of my
knowledge and belief.
Solemnly affirmed on this_____ )

Day of September, 2016, at Mumbai
)__________________
Identified by me: Before

me:
Pooja Joshi Deshpande

Advocate High Court
BEFORE THE HON’BLE ADDITION THANE

CONSUMER DISPUTES
REDRESSAL FORUM, CBD BELAPUR NAVI
MUMBAI
Ex. APPLICATION No:_______________ OF 2016
IN
O/ Complaint No. 371 OF 2015
36
Mrs. Arushi H. Gole ….Applicant/
Orig. Complainant
VERSUS
Through Its Branch Manager, Block NO.7

……Orig.Opp.Party/Respondent
AFFIDAVIT
I Mrs. Arushi H. Gole, aged-adult, the above named Applicant/Original
complainant do hereby state and solemn affirm as under:
I say that I have filed execution Application for enforcement of the order passed
by this Hon’ble Forum on 29.04.2015. The copy of the order dated, 29.03.2015
is annexed along with the said Execution Application
I say that whatever is stated in the said execution application from para 1 to 6,
is true and correct to the best of my knowledge and I believe the same to be
true.
I say that whatever is stated hereinabove is true to the best of my knowledge

and I believe the same to be true.
Solemnly affirmed on this_____ )
Day of September,2016, at Navi Mumbai

)________________
Identified by me: Before me:
Pooja Joshi Deshpande
Advocate for Applicant
We are not the member of Advocate Welfare fund, hence, Rs.2 court fee may be
exempted
BEFORE THE ADDITIONAL THANE

CONSUMER DISPUTESREDRESSAL FORUM,
CBD BELAPUR NAVI MUMBAI
Ex. APPLICATION No._________OF 2016
IN
O/ Complaint No: 371 of 2015
Mrs. Arushi H. Gole
604, Hill View Apartments
37
Plot No.62, Sector 2A, Ghansoli
Navi-Mumbai- 400 709
Email Id. gole85@gmail.com ………Applicant/ Orig.

Complaint
Versus
Through Its Branch Manager, Block No.7,
Raigad Bhavan 2nd Floor, Sector11,
CBD Belapur, Navi Mumbai 400 614
Ph. No. Not Known
Email Id. Not Known ………Orig.

Opp.Party/ Respondent
VAKALATNAMA
I Mrs. Mrunal M. Phansalkar, the above-named Applicant/O-Complainant do
hereby appoint and authories Mrs. Pooja Joshi Deshpande and Ms. Rasika
Joshi, Advocate, to act, appear and plead on my behalf in the aforesaid matter
and at all stages of the proceedings including those before the administrative
authorities.
Statements and submission made by them shall be binding on me.
IN WITNESS WHEREOF, We have set my hands to this Vakalatnama on this 6

th day of Sepetember 2016, at Mumbai
___________________________
ACCEPTED: ______________________
_______________________
Dated:__/__/_____
For POOJA JOSHI DESHPANDE, with
Ms. Rasika Joshi,
Advocates,
5, P.C. Center, 4th Floor, Podar Chambers,
Near Mumbai Samachar Building,
38
Horniman Circle, Fort, Mumbai- 400 001
Reg No. MAH/4313/2008
Email Id.- adv.pooja.joshi@gmail.com
Ph No.8879233327
In the Court of District Judge, Indore
Civil Appeal No. ... / 2009

Under Section 96 of CPC, 1908.
A. B. s/o B. C.
123, A B Road, Indore, MP ......................................... Plaintiff/Appellant
Vs.
M. N. s/o O. P.
456, A B Road, Indore, MP ......................................... Defendant/Respondent
39
Memorandum of Appeal
Sir,
The aformentioned plaintiff-appellant appeals against the judgement and decree of the
Court of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between
A. B s/o B. C vs M.N s/o O. P., dated 10/10/2009, and sets forth the following grounds of
objection to the decree appealed from :-
Value of the suit:

Value of appeal:
Court Fee Paid:
(1) That the orders passed by the Learned Lower Court are contrary to the provisions of
law and the principles of natural justice.
(2) That the findings arrived by the Learned Lower Court are not supported by the
evidence on record.
(3) That the Learned Lower Court committed an error in holding that the house
premises are not required by the plaintiff/appellant for his personal bonafide
occupation.
(4) That the copy of the Judgment and the Decree against which this appeal has been
preferred is attached alongwith.
(5) That the Learned Lower Court has having answered the first issue in the negative
decided the rest of the issues against the appellant, which itself is improper and illegal.
(6) That the necessary court fee is paid herewith.
PRAYER
(7) That the appellant, therefore, prays that for the reasons stated above and as
may be argued at the time of hearing, the record and proceedings be called for, this
appeal be allowed, the orders under appeal be set aside and quashed, and orders
deemed just and proper be kindly passed. Further that the cost of this petition be
awarded in favor of plaintiff-appellant.
40
Place: ……MUMBAI………
(Signature of the Plaintiff-Appellant)

DatE: 25-2-2015
Adv. Alpa Shah

Advocate for Plaintiff-Appellant
VERIFICATION
I, do hereby verify that the contents from paras 1 to 5 are correct and true to the best
of my knowledge and personal belief and no part of it is false and nothing material has
been concealed therein. Affirmed at Indore this 4th Day of September 2009.
(Signature)
Plaintiff-Appellant
CIVIL REVISION APPLICATION

SECTION 115, C.P.C
Petition for revision U/Sec 115, C.P.C. against the decree of the District Judge at
Chittoor dated 15.02.2010 reversing the decree of the Civil Judge of Chittoor, dated the
25.07.2009, passed in Suit No: 315 of 1996 valued at Rs.52,000/-.
41
Respectfully shemeth:
(1) That the applicant was the plaintiff in the aforesaid suit which had been brought
U/Sec 9 of the specific Relief Act.
(2) That the suit was decreed by the Munsif, but the District Judge on appeal has
reversed the Munisifs decree.
(3) That U/ the law no appeal lay to the District Judge from the Munsifs Decree,
and the District Judge from therefore exercised a Jurisdiction which was not
vested in him by law.
PRAYER
Therefore, the applicant prays that this Honourable Court will call for the record of
the case and set aside the said decree of the District Judge and restore that of the Munsif
and award him cost in all courts
Place: ……MUMBAI………
(Signature of the Plaintiff-Appellant)

DatE: 15.02.2010
Adv. Alpa Shah

Advocate for Plaintiff-Appellant
IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /BENCH AT GWALIOR
Writ Petition No. 2458 / 2015
Cause Title
Petitioner : Rakesh kumar,30,Ajay kumar,
Proprietor of Arihant Goods,
R/o Fort, Mumbai – 400 020
42
Vs.
Respondent : Vilas Chandrashekhar, age 70,
Salesman, Jamalpur
(Writ Petition under Article 226 of the Constitution of India)
1. Particulars of the cause/order against which the petition is made:

(1) Date of Order / Notification / Circular / Policy / Decision etc : N. A.
(2) Passed in (Case or File Number) : N. A.
(3) Passed by (Name and designation of the Court, Authority, Tribunal etc.) : N. A.
(4) Subject-matter in brief :
The petitioners are final year law students pursuing LLB (3 Year Degree Course,
Semester System) from Govt. Law College, Indore, which is affiliated to Devi Ahilya
Vishwa Vidyalaya (referred hereinafter as DAVV in brief) and they intend to pursue LLM
in academic session 2009-2010. They also intend to appear in Civil Judge Class II
Examination, which is being conducted by Honourable High Court of M. P. in September
2009.
This petition is filed by the petitioners challenging -
a. the inaction of DAVV and its inordinate delay in conducting LLB 6th semester exam,
which was to be held in May 2009 and the result of which was to be declared in June
2009.
b. the arbitrary and illegal award of marks in one practical subject named “Moot Court,
Pre-trial Preparation and Participation in Trial Proceedings”.
As these actions are preventing the petitioners from –

a. Pursuing LLM in the academic session 2009-2010
b. Appearing in Civil Judges Class II Examination to be conducted by Honourable High
Court of M. P. in September 2009.
2. A declaration that no matter pending: Petitioners declare that no matter relating to

the subject matter of this petition has been previously instituted or is pending in any
Court, authority or tribunal at the instance of the petitioners.
3. Details of remedies exhausted:

Petitioners have given written representation to Registrar, DAVV as well as to Vice
Chancellor, DAVV on 03/06/2009. They have also personally met with the Registrar as
well as the Vice Chancellor seeking redressal to their grievances. However, no attempt
has been made to safeguard the future of the petitioners and other similarly placed
students.
4. Delay, if any, in filing the petition:
43
Petitioners declare that there is no delay in filing of this petition.
5. Facts of the case:

(Give a concise statement of facts in chronological order in separate paragraphs)
6. Grounds urged :
6.1 Because the petitioners future is at stake as they are unable to take admissions in
other colleges and universities of India for LLM courses due to late conduction of
examinations. Complete one year of petitioners is being wasted because of this inaction
and irresponsible attitude of Respondent No. 1.
6.2 Because even School of Law Respondent No. 3, which is run by DAVV, is not
allowing the petitioners to appear in their entrance exam for LLM.
6.3 Because due to low marks awarded to the petitioners in the practical subject, they
have been rendered uncompetitive to secure admission in LLM courses in colleges
affiliated to DAVV on the basis of merit. The low marks awarded in the practical subject
also look bad on the petitioners’ resume and adversely affect the petitioners’ chances of
securing a job or other career related activities.
6.4 Because the Petitioners are unable to appear in Civil Judge Class II examination
which is being conducted in September 2009 for no fault of theirs.
6.5 Because petitioners are being denied their fundamental right to work due to delay
in obtaining Sanad.
6.6 Because it is a duty of DAVV to conduct exams fairly and on time, which it has
failed to do.
6.7 Because it is a duty of Respondent No. 2, to evaluate the students fairly in Practical
subjects, which it has failed to perform.
7. Relief Prayed for:

Petitioners pray that this Honourable Court may be pleased to:
7.1 By issuing a writ of mandamus or any other appropriate write, order, or direction,
direct the Respondent No 1 and 2 to conduct the exams of 6th semester of LLB course
and declare the result without further delay.
7.2 Respondent No. 3, be directed to permit the petitioners to appear for their
entrance examination for LLM and be given provisional admission if they are successful
in the entrance examination.
7.3 Respondent No 1 and 2 be directed to either.
a. Ignore the marks in this subject for calculation of aggregate percentage for LLB
Degree. It is worth mentioning that that DAVV already does ignore the marks for Paper
5 of Semester 5, which is also a practical subject.
b. Rationalise the marks given in the practical subject of “Moot Court, Pretrial
Preparation, and Participation in Trial Proceedings”.
7.4 Cost of this petition be awarded to the petitioners.
7.5 Any other relief, which this Honourable Court deems fit in the peculiar facts and
circumstances of the case.
44
8. Interim Relief:
The petitioners pray that Respondents 1 and 2 be directed to conduct LLB 6th semester
exam and declare the result without any further delay.
9. Documents relied on but not in possession of the petitioner:

9.1 List of marks obtained by students of all Law colleges affiliated to DAVV in the
practical subject of “Moot Court, Pretrial Preparation, and Participation in Trial
Proceedings” in March 2009.
9.2 Submissions of students who scored above 80 marks or below 60 marks of
Respondent No. 2, as well as other colleges affiliated to DAVV made towards the subject
of Moot Court (Paper 4 of 5th semester).
10. Caveat:
That no notice of lodging a caveat by the respondents has been received by the
petitioners.
Place: Mumbai. (Signature)

Date: 16th February 2017 Counsel for
Petitioner(s)
VERIFICATION
I, do hereby verify that the contents from paras 1 to 10 are correct and true to the best
of my knowledge and personal belief and no part of it is false and nothing material has
been concealed therein. Affirmed at Indore this 4th Day of September 2009.
(Signature)
Plaintifff
IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
UNDER ARTICLE 32 OF CONSTITUTION OF INDIA, 1950
PUBLIC INTEREST LITIGATION
WRIT PETITION(C) NO. 25 OF 2017
IN THE MATTER OF
N.S.Ponnaiah ……………… Petitioner
45
Versus
Union of India and ors ………….. Respondent
Advocate for petitioner ; Narender Kumar Verma
SYNOPSIS
The Petitioner is 73 years old, Advocate, Indian National and public spirited citizen and
on variousoccasion for the public cause he has come forward and delivered his social
services.In our India the Blue Whale Online Game which is came from abroad induced
the adults of India to play that game and by playing game, it snatches the life of our school
and college students by suicide. The games spread over the cities of our country such as
Mumbai, Pune, Indore, Dehradun, Chennai and the State of Kerala, West Bengal and
Assam and rest of country. That game is growing popularity through face book, google,
whatsapp, instragram, Microsoft and yahoo. Till this days the News are revealed that
around 200 people hadcommitted suicide in India by playing the on-line game of Blue
Whale.
There is need to immediate ban and make awareness about on-line Blue Whale game
amongst the people specially, youngsters of our society. But till this day the Respondent
No-1 and 2 do not take any sufficient steps and actions to annihilate the dangerous game
of Blue Whale. Numbers of committing suicide has increases day by day.
LIST OF DATES AND EVENTS
01.6.2017 Till the date, media revealed that more than 50 persons committed suicide by
playing the on-line game of Blue Whale.
15.6.2017 Medias reported that people committed suicide by playing Blue Whale game
in Kolkatta, Indore, Lucknow, Mumbai, Chennai, Tiruvandram and Assam.
20.6.2017 In Mumbai one Manpreet Sahans committed suicide after jumping off the
building.
14.8.2017 In Anandpur of West Bengal State one Ankan Dey committed suicide by
suffocation.
28.8.2017 In Maudaha Village of Uttar Pradesh one Parth Singh committed suicide by
hanging in his bed room.
29.08.2017 One Madurai College Student by name Vighnesh committed suicide by

hanging.
8.9.2017 Hence the present Writ Petition is being filed.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
46
UNDER ARTICLE 32 OF CONSTITUTION OF INDIA, 1950
PUBLIC INTEREST LITIGATION
WRIT PETITION(C) NO. OF 2017

IN THE MATTER OF
N.S.Ponnaiah.
Advocate, Age73,
S/o, Sinnasamy,16,
Annaiillam,K.K.Nager.Madurai-20,
Tamil Nadu. ……………… Petitioner
Versus
1. Union of India,
Through the Secretary,
Ministry of Home Department,
Sasthri Bhavan,
New Delhi -1.
2. Union of India,
Through the Secretary,
Ministry of Information and Broadcasting,
SasthriBhavan,
New Delhi -1. ………………. Respondents
WRIT PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA IN THE NATURE OF A PUBLIC
INTEREST LITIGATION SEEKING AN APPROPRIATE
WRIT IN THE NATURE OF MANDAMUS
TO
THE HON‘BLE CHIEF JUSTICE AND
47
THE OTHER COMPANION JUDGES OF
THE HONBLE SUPREME COURT OF INDIA
HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED
1. That the Petitioner states. Writ petition is filed before his Hon‘ble Court for writ in the
nature of mandamus or other appropriate writ/writs order OR direction to the Respondents
No. 1 and 2 to ban the online Blue Whale game and make awareness about the game
among the people.
2. That the Petitioner states that, people are suicide specially youngest committed suicide
themselves after playing the online blue whale game. That goads young people into killing
themselves. Blue whale on-line game encourage people to take part in increasingly
dangerous harmful dares that culminate in an instructions to kill themselves.
3. That the Petitioner states that the on-line blue whale game 50 dares challenges
including self harming watching horror films gradually getting more extreme as the game
goes on.
4. That the Petitioner states that in India not only college students but also school students
are committing suicide. Un-confirmed news are reporting daily three persons committing
suicide in India. Till the date 05.09.2017 Media reported at least 200 peoples had
committed suicide after played the on-line blue whale game. Most of them youngest under
13, 14, 15 years school boys and college studentsha committed suicide.
5. That the Petitioner states that people have been playing the tasks dares challenging
50 steps including selfharming, ultimately committed suicide by jumping from building,
hanging, jumping in front of the train, slit the throat and other methods have been used to
commit suicide.
6. That the Petitioner states that all youngest are stress about on-line blue whale game
in India. The Blue Whale game encouraged by social medias and friends. The Madurai
City Police confirmed that the College students had committed suicide after played Blue
Whale game and he was promoted the on-line blue whale game to more than 150 friends.
Many people rescued from the fatel blue whale game admitted we are lucky and we have
come back. Once theperson startedplaying the game, player mind would not leave the
game and continue 50 dares challenging self-harm ultimately commits suicide.
‘Once you enter you cannot exit‘‘.
7. That the Petitioner states that Indian Parents are panic. No mother should face the
misfortune of losing a child and go through the trauma. How they save their children from
the fatal blue whale game. The on-line blue whale game is a crazy and non-sensible
phenomenon. Most of the younger playing the on-line game in the mobile phone and also
the game curator instructs the player all are keeping in secrets. Parents are doing their
best for prevents their children from playing blue whale game but number of committing
suicide in the name of blue whale game has been increasing sharply.
8. That the Petitioner states that there is no evidence that who running the on-line blue
whale game, from where or which country. It cannot be installed from web and neither
can be played on x-box or play-station. There is no particular website or app or service.
Where you can access blue whale, you cannot type a website address in chrome browser
and end up inside blue whale game or become a part of it. Some news says on-line blue
48
whale game run by Russian secret group. Russian govt. also declare arrested some
people involved the blue whale game but the curators has been instructing the players
day by day steps ultimate lost 50thsteps is commit suicide.
9. That the Petitioner states that the on-line blue whale game 50 dares challenges day by
day the curator would instruct the player starting good entertainment after it goes to
change the player behaviour, self –destructive task increasingly dangerous and harmful
dares, including self-harm, seeing horrors videos, sitting and standing the edge of the
building, taking the final steps of death by suicide.
10.That the Petitioner states that online blue whale game are constantly hunting for teens
who are vulnerable and can easy be pushed to take extreme steps.
1. Carve with a razor ―f57‖ on your hand, send a photo to the curator.
2. Wake up at 4.20 a.m. and watch psychedelic and scary videos that curator sends you.
3. Cut your arm with a razor along with veins, but not too deep, only 3 cuts, send a photo
to the curator.
4. Draw a whale on a sheet of paper, send a photo to curator.
5. If you are ready to ―become a whale‖, carve ―YES‖ on your leg. If not, cut yourself
many times (punish yourself).
6. Task with a cipher.
7. Carve ―f40‖ on your hand, send a photo to curators.
8. Type ―#i_am_whale‖ in your VKontakete status.
9. You have to overcome your fear.
10. Wake up at 4:40 a.m. and go to the roof (the higher the better)
11. Carve a whale on your hand with a razor, send a photo to curator.
12. Watch psychedelic and horror videos all day.
13. Listen to music that ―they‖ (curators‖ send you.
14. Cut your lip.
15. Poke your hand with a needle many times
16. Do something painful to yourself, make yourself sick.
17. Go to the highest roof you can find, stand on the edge for some time.
18. Go to bridge, stand on the edge.
19. Climb up a crane or at least try to do it.
20. The curator checks if you are trustworthy.
21. Have a talk ―with a whale‖ (with another player like you or with a curator)
22. Go to a roof and sit on the edge with our legs dangling.
23. Another task with a chipper.
49
24. Secret task.
25. Have a meeting with a ―whale‖.
26. The curator tells you the date of your death and you have to accept it.
27. Wake up at 4:20 a.m. and to rails (visit any railroad that you can find).
28. Don‘t talk anyone all day.
29. Make a vow that ―you‘re a whale‖.
30-49 Every day you wake up at 4:20 am, watch horror videos, listen music that ―they‖
send you, make 1 cut on your body per day, talk ―to a whale‖. (After 30-49 steps the
player comes to ready commit to suicide).
50. Jump off a high building. Take your life.
11.That the Petitioner states that, not only youngers, college students but also juveniles.
The school students, aged about12, 13 and 14 years are victims of on-line Blue Whale
game. AnkanDey age 14 at Anandput, West Bengal State was found suffocated by a
Plastic bag in his bath room. Police investigation was revealed that the child was
committed suicide after playing the on-line Blue Whale game. ManpretetSahans 14 years
committed suicide after jumping off a building in Mumbai, Police discovered carve a large
Blue Whale design into the child skin and conformed the child jumped after playing online
Blue Whale game. A true copy of News mail inline dated 14-07-2017 annexed herewith
as Annexure P-1(Page 17– to—22)
12. That the Petitioner states that the Blue Whale Game 50 self destructive challenges,
last challenge has commit suicide by jumping from the building, if the player have not find
such building using another way to comit suicide. Parth Singh age 13 Maudaha Village,
Hamirpur, Uttar Pradesh committed suicide by hanging in his bed room. Once the player
enter the game can not leave the game and continue to finishing other steps at last
commit suicide. A True copy of Hamirpur incident and note News ANS and NDTV dated
28-07-2017 annexed herewith asAnnexure P-2(Page23 – to -27-).
13. That the Petitioner states that the Madurai College Student Vignesh committed
suicide after played Blue Whale game, his mother had discover that her sons was hooked
on the deadly internet game and said around 75 children were in group playing the game.
Police confirmed that the image of a Whale was carved on Vignesh‘s left forearm with the
words ―Blue Whale‖. Tow days before news came that the victim Vignesh had forward
the Blue Whale game to more than 150 friends. A True copy of India Today and Hindustan
Times dated 31-01-2017 annexed herewith as Annexure P-3(Page –28to--34 ).
14. That the Petitioner states that over the world more than 300 victims within two months,
the on-line game Blue Whale are constantly hunting for teens wo are vulnerable and can
easily by pushed to take extreme steps. All other countries have taken necessary steps
to prevent the people fall the fatal game. World google date says that India is the No.1
Blue Whale game searchers in the world. Kolkatta, Mumbai, Lucknow, Chennai and
Assam cities are leading top cities in the world for playing Blue Whale game. The Google
date says that Dubai and Abudhabi, Heelsinki are in the 33rd position in the word in the
BlueWhale game. All other countries already had taken good measures to stop on-line
Blue Whale game. A True copy of India Today dated 31-07-2017 annexed herewith as
Annexure P-4 (Page 33– to --34 ).
50
15. That the Petitioner states that there is need to immediate ban the on-line Blue Whale
game. Number of committing suicide after playing Blue Whale game has been increasing
day by day very sharply. If it continue it would make huge damage and harm in the society.
16. That the Petitioner states that the Petitioner have not filed any similar writ petition or
similar petition either in any High Courts or this Hon‘ble Supreme Court of India.
17. The Petitioner have not any personal interest and personal motive or oblique reason
on file this Public Interest Litigation.
18. That the Petitioner states that Petitioner‘s address

N.S.Ponnaiah.AdvocateAge73,S/o,Sinnasamy,16,Annaiillam,K.K.Nager.Madurai-
625020. Tamil Nadu.
19. That the Petitioner states that the Petitioner‘s phone number is 9443083549 and email
is ponnaiah@gmail.com
20. Petitioner filed this petition on his own capacity.
21. That the Petitioner states that Petitioner‘s occupation is Advocate and his monthly
income are 25 thousand rupees only his PAN No is xxxxxxxxx the petitioner is Tax payer.
22. That the Petitioner states that the Petitioner have not any civil and criminal and
revenue litigation, involving the Petitioner or any of the Petitioner which has or could have
a legal nexus with the issue involved in the Public Interest Litigation.
23. That the Petitioner states that Petitioner not sent any representation to the concern
official or Respondent. Remedy Rely upon only this Hon‘ble Court.
24. That the petitioner states that Nature of Injury is people suffering the people and killing
themselves.also depression and stress.the respondents not taking any step is the
violating the Article 21 of Indian Constitution.
25. CAUSE OF ACTION: That the Petitioner states that cause of action was started just
one year before and it continue till today not only one state but also rest of the India. If it
continue many people would loosetheir life and also our society would get very
unliquidated loss.
26.GROUNDS
A. Because the Blue Whale game is snatching the life of children and adults in the guise
of game which would be caused very damage to Our Country.
B. Because the game already had made huge damage among youngsters and many
people are living with stress and depression.
C. Because the game make the parents of the school students into panic life. The Parents
don‘t know how to deal it, and standing with helpless.
D. Because after the game players committing suicide numbers are increasing day by
day sharply.
E. Because the Respondent No 1 and 2 do not take any necessary steps and they are in
silent condition to control or monitor.
51
PRAYER
It is, therefore most respectfully prayed that this Hon‘ble Court may be graciously pleased
to:
i) Issue writ in the nature of mandamus or otherappropriate writ/writs order or direction to

the Respondents No. 1 and 2 to ban the on-line BlueWhale game and make awareness
in our society;
ii) Pass such order and orders as this Hon‘ble Court may deem fit and proper under the
facts and circumstances of the case.Filed By
Filed on: 8 -09-2017
Narender Kumar Verma
Advocate for petitioner
CRIMINAL COMPLAINTS
FACTS
Mr. J. Siva Reddy assault Miss. Hansika near Bus Stand on 12th May, 2012 at
9.00 am, motivated by ill will. Miss Hansika intends to file a complaint in court
under.
Section 323 I.P.C.
IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE,

TIRUPATI, C.C. NO. 13 OF 2012
52
Miss. Hansika, D/o. Radhakrishnan, Hindu, Student, aged about 21 year
studying in III Year Batch, B.Tech., S.V. Engg, College, Tirupati,
Residing at S.V. Women Hostel, Tirupati,
Permanent residing of 43/790, K.S. Road, Rajampet, Kadapa District
Within jurisdiction of East Police Station, Tirupati.
……... Complainant
Mr. J. Siva Reddy, S/o. Narsimha Reddy, Hindu, aged about 26 years 4th Year,
B.Tech student, residing at Men‟s Hostel, S.V. Engg. College, permanent
address 7/90, T. Nagar, Rajampet, Kadapa District, within Jurisdiction of East
Police Station, Tirupati.
. ……... Accused
COMPLAINT FILED ON BEHALF OF THE COMPLAINANT

U/Sec 200 Cr. P.C.
(1) The complaint submits that she is studying III Year B.Tech., in S.V.
Engineering College, Tirupati, she knew the accused well.
(2) The complaint submits that the accused had been behind her for last 6
months, but she never cared him. He wrote a love letter to her and she
admonished him, then one day he pulled her upper saree in the
class room and on her report he suspended college for a month.
This happened on 01.05.2012.
(3) The complainant submits that on 12.05.2012, she came to Tirupati Bus
Station along her friends Yogi, Anitha, Valli to bid forewell to the
hockey team of her college going to Visakhapatnam in Tirumala
Express. She came out of the station and went to the Bus Station
at about 8.00 pm along with her friends, she found the accused near auto
stand.
53
(4) The complaint submits that, while she was bargaining auto the accused
came there and abused her that, she was responsible for his suspension
from the college, tried to grab her right hand. When she protested he
immediately stabbed on her left and right cheeks and also on her back with
his fists, she cried loudly and the auto rickshaw drivers and
passengers handed over him to police constable near the Bus Station.
But he did not take the accused to police station that it was a non-
cognizable offence. Hence thus complaint was made directly.
The complaint therefore prays that the honourable court may be pleased to take
cognizance of the offence U/sec 323 IPC and punish him according to law.
Adv Alpa Shah XXXXXXX
Advocate for complainant Complianant.
54
CRIMINAL MISCELLANEOUS PETITION
IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF TIRUPATI
CR.L.M.P.NO. OF 2012 M.C.No. 45 OF 2011
D. Dhanarekha …… Petitioner
Vs
D. Arun Kumar ….. Respondent
Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C
(1) The petitioner submits that he filed the above M.C. for grant of separate
maintenance on 31.12.2011 against the respondent seeking a sum of Rs.
500 per month to be awarded.
(2) The Honourable Court, after due contest, by order dated 06.01.2012
granted maintenance to the petitioner directing the respondent to pay a
sum of Rs. 400 per month to the petitioner from 01.01.2012 and keep
praying in future.
(3) The petitioner submits that, the respondent has not paid any maintenance
so far, and these disobeyed the order of this honourable court.
(4) The petitioner further submits that the arrears of maintenance from
01.01.2011 to 31.03.2012 to Rs. 6000/-
(5) It is therefore prayed that the honourable court may be pleased to commit
the respondent to prison for such kind has the law required or till he paid
the arrears of maintenance.
Adv. Alpa Shah
Advocate for the Petitioner
55
VERIFICATON
xxxxxx
Petitioner
I, the petitioner, to hereby declared that the facts stated above or true and correct
to the facts stated above or true and correct to the best of my knowledge
information and belief.
Date:17/12/2012 xxxxxx
Petitioner
56
APPLICATION FOR REGULAR BAIL
-----CREATING FALSE EVIDENCE------
FIR NO. 1787/2017 DATED 12th December 2017 UNDER SECTION 498A by a
charge under s. 406 I.P.C. (punishment for criminal breach of trust) as well.
FIRST APPLILCATION FOR REGULAR BAIL MOST RESPECTFULLY

SHOWETH:-
1- That the petitioner belongs to a respectable family and he has clean

antecedents.
2- That the petitioner has been framed up and falsely implicated in the above noted
case by the complainant on extraneous grounds and he is in custody since Late
night of 11th December 2017.
3- That the police does not require further custody of the petitioner for the purpose
of investigation in the case and the petitioner has therefore been remanded to
judicial custody.
4- That the petitioner has been framed up in the case because MRS. ANKITA
NIKHIL PACHHADKAR daughter of MR. MILIND BHAVE complainant was deeply
in love with the petitioner and her marriage was solemnized with Mr. NIKHIL
LINESH PACHHADKAR son of MR. LINESH PACHHADKAR, R/o House No. 13,
Agarwal Niwas, Sarvodaya Nagar, Mulund West, Mumbai – 400 080 against her
wishes on 06th June 2017 Even after marriage MRS. ANKITA NIKHIL
PACHHADKAR wanted the petitioner to continue friendly relationship with her due
to attachment but the petitioner always advised her that since she has been
married to another person, she should try to forget her past relationship with the
petitioner.
5- That the investigation of the case and thereafter the trial shall take a
considerable time and the petitioner shall suffer unbearable hardship of
imprisonment if he remains confined to Jail during this period.
6- That the petitioner is ready and willing to furnish bail bonds to the satisfaction of
this Hon’ble court for his being released on bail.
7- That the witnesses of the prosecution are relatives of the complainant and they
cannot be influenced by the petitioner. The petitioner gives an undertaking to the
Hon’ble court, that if he is released on bail, he shall not temper with the evidence
or influence the witnesses of the prosecution and he shall abide by any condition
imposed by the Hon’ble court for releasing him on bail.
It is, therefore, prayed that the petitioner/applicant may kindly be released on bail.
Dated: 18th March 2020
MR. SWAPNIL ROHIY VHOSALE
Applicant/petitioner.
Advocates
57
CRIMINAL APPEAL AND REVISION
MEMORANDUM OF APPEAL IN THE COURT OF THE DISTRICT

AND SESSIONS JUDGE AT TIRUPATI
CRIMINAL APPEAL NO: 101 OF 2010
For the following among grounds the Appellant here in begs to prefer this appeal
against the judgement dated ………………….. of judicial Magistrate, F.C., Tirupati
in criminal case No: 101 of 2010, convicting the appellant U/Sec 411 I.P.C and
sentencing him to U/go, 6 months R.I. and to pay a fine of Rs. 300/-
GROUNDS
1. That the conviction is bad in law.
2. That the Judgement of the lower court offends Sec. 367 of the Cr.P.C.
3. That the learned magistrate should have inferred from the conduct of your
petitioner deposed to by the investigating officer, that he was absolutely straight forward
in his dealings. The conduct of your petitioner as has been deposited to by P.Ws.
No. 52 and 4 would hardly be consistent with his guilty knowledge.
4. That the learned Magistrate should have taken into accent the
representation made to him by the alleged thief.
5. That the learned Magistrate should have bellered that the articles were
purchased bonafide for proper market price and inferred from that the absence of
any guilty knowledge of your petitioner.
6. That the articles sold were common articles of everyday use to be found in
possession of people of even modest means.
7. That the learned Magistrate should have disbelieved the evidence of P.W.s No:
56 and 7 who identified the parker pen and the Wallet alleged to belong to Sri
Anand and should have hold that they were ordinary common articles incapable of
identification in the absence of any special mark or name.
8. That the learned Magistrate should have believed the defence witnesses who
disposed to having seen the articles sold to the appellant some five months prior to the
incident.
9. That the Lower Court ought to have given the benefit of responsible doubt to the
appellant and acquitted him.
58
PRAYER
In the circumstances stated above, the petitioner prays that your honour may be
pleased to admit the appeal, call for the record.
Release your petitioner pending disposal of the appeal on bail and after hearing
the case, set aside the order of conviction and sentence or pass such other order
as the ends of Justice may call for and your petitioner, as in duty bound, shall ever pray.
Narender Kumar Verma
Advocate for petitioner
59
BEFORE THE HON’BLE STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, MAHARASTRA MUMBAI

Complaint No: 526 Of 2016
IN THE MATTER OF:-
Mr. Ashok Kumar Hansraj Sharma
Through Constituted Attorney
Mrs. Asha Ashok Kumar Sharma
R/O: Block No. 82/4,
Malabar Hill Road, Mumbai Colony,
Mulund West, Mumbai 400082 ….Complainant
Versus
1. M/S. Shree Siddhivinayak Developers a Partnership Firm
Mercury B,2nd Floor,
Opp Joggers park, Chikuvaadi,
Borivali (West),Mumbai: 4000092
Also at:
I,Homestead, 16 Dattatray Road,
Santacruz (West), Mumbai 400098
2. Nitin Mehta, Partner
Mercury B, 2nd Floor,
Opp. Joggers Park, Chikuvaadi,
Borivali (West), Mumbai: 400092
Also at:
Jai Hind, Society,
Plot No. 42, 10th Juhu Road,
J.V.P.D Scheme Juhu, Mumbai 400049
Also at:
60
3.Mangesh Sawant, Partner
Mercury B, 2nd Floor,
Opp. Joggers Park, Chikuvaadi,
Borivali (West), Mumbai: 400092
Also at:
4.Rohan Nitin Mehta
Jai Hind, Society,
Plot No. 42, 10th Juhu Road,
J.V.P.D Scheme Juhu, Mumbai 400049.

….Opposite Parties
COMPLAINANT UNDER SECTION 17 OF THE CONSUMER PROTECTION ACT, 1986

ON BEHALF OF THE COMPLAINANT
MOST RESPECTFULLY SHOWETH:
1. The Complainant is a peace loving and law abiding citizen residing at Block
No.82/4, Malabar Hill Road, Mulund Colony, Mulund West, Mumbai-400 082.
2. The present Complaint is being signed, verified and filed by Mrs. Asha Ashok
Kumar Sharma, authorized representative of the complainant. A copy of the power of
Attorney dated 03/08/2015 authorizing her in this behalf. The Original Power of Attorney
is annexed in the files of Complaint bearing no. 850 of 2016 at Hon’ble National Consumer
Disputes Redressal Commission Mumbai and copy of the said Power of Attorney dated
03/08/2015 is annexed with complaint bearing no. 850 of 2016 which has been marked
as Exhibit “A” in the present complaint.
3. That the Complainant is a consumer within the definition of a “Consumer” under

section 2(1) (d) of the Consumer Protection Act, 1986 and, as such, is competent to file
the present complaint before this Hon’ble forum, the complainant is a consumer of the
Opposite parties as the Complainant had books a residential flat admeasuring 1000 sq.
ft Carpet area i.e., 1200 sq. ft. is built up area, bearing Survey No.6(P) and C.T.S. No.7(P)
of the revenue village Chandivali, Flat bearing no.901, Ninth Floor, Lake Palace, Adi
Sankaracharya Marg, Powai, Mumbaii-400 076 for his personal use.
61
4. The Opposite Party No.1 is a registered Partnership firm having its office at
Mercury B, 2ns Floor, Opp. Joggers Park, Chikuvadi, Borivali (West), Mumbai-400 092
and is engaged in the business of construction and development of Building for residential
purposes, whereas Opposite Parties Nos.2 & 3 are the partners of the Opposite Party
No.1 and the Opposite party No.4 is the son of the Opposite party No.2. The Opposite.
Parties nos.2, 3 and 4 are responsible for the day to day functioning and affairs of
Opposite Party 1 and therefore, opposite Party No.2, 3 and 4 are in substantial control of
the business of the Opposite Party No.1 and are directly and personally liable for the acts
and omissions of Opposite Party No.1 with respect to the Complainant.
BRIEF FACTS OF THE CASE
1. The Opposite Parties are engaged in the business of construction and

development of building for residential purposes. That in the year of 2002, the Opposite
Parties Launched the Project situated at Lake Palace, Adi Sankaracharya Marg Powai
Lake, Powai, Mumbai-400 076. At the time of launching the said project they made
several representations through advertisement as well as through their authorized agents
and marketing staff to the general public.
2. That pursuant to the aforementioned assurances of Opposite Party and its

representative, the Complainant visited the site of the Project. The Marketing team of the
Opposite Party persuaded the Complainant to purchase the Flat of the said Project.
3. That believing the false representations, claim and assurances by the Opposite
Party and their representatives to be true, the Complaint was enticed by the opportunity
to buy a Flat of the said Project. The Complainant was accordingly decided to purchase
a flat in the said Project i.e. “Lake palace”
4 That falling prey to the misleading, unethical and unfair trade practices of the
Opposite Parties and under the impression and misconception that the project was of the
quality and caliber as claimed by the opposite parties, the Complainant vide the
agreement (hereinafter referred as “Said Agreement”) dated 23/05/2002 booked the left
at the rate of Rs.22, 00,000 (Rupees Twenty Two Lakh Only). This booking was done in
the name of the complainant. A copy of agreement dated 23/05/2002 between the parties
is annexed here with this Complaint and marked as Exhibit “A Colly”.
5. The Complainant made the following payments for the said Flat:
a) Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) on 17/07/2002 through

Cash;
b) Rs.12,00,000/- (Rupees Twelve Lakh Only) on 17/07/2002 through cheque

number 001411 drawn on State Bank of Travancore this is the loan amount;
c) Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) On 16/06/2002 by cash;
d) Rs.1,00,000/- (Rupees One Lakh Only) On 02/05/2002 by cheque No.217288

drawn on Punjab and Maharashtra Cooperative Bank;
e) Rs.2,00,000/- (Rupees Two Lakh Only) on 15/06/2002 through cheque no.001615

on State Bank of Travanore and
62
f) Rs.2, 00,000/- (Rupees Two Lakh Only) on 02/05/2002 by cash. The Copy of all
the receipts duly signed by the authorized signatory of Opposite Party 1 is annexed here
with this Complaint and marked as Exhibit “A Colly”.
6. The Complainant availed Housing Loan of Rs.13, 50,000/- (Thirteen Lakhs Fifty
Thousand Only) from State Bank of Travancore, Fort Branch and the same were duly
sanctioned by the bank on 17/07/2002. Accordingly, The Complainant made the payment
of Rs.12, 00,000/- (Rupees Twelve Lakh Only) vides pay order No.001411 and in cash
Rs.1, 50,000/- which was duly received by the Opposite party No.1 on 17/07/2002. A copy
of affirmation letter dated 19/07/2002 by the Opposite Party No.3 is annexed here with
this Complaint and marked as Exhibit “A Colly”.
7. It is pertinent to mention herein that as per Clause 9 of the said Agreement

between the Parties i.e. the present Complainant and the Opposite Parties which speaks
in volume and read as under. “As per clause 9 of the agreement if the promoter/s shall
give possession of the premises to the Flat Purchaser on or before 31st December, 2002,
if the Promotes/s fail or neglects to give possession of the flat to the Flat Purchaser/s on
account of reasons beyond their and/or their agents.
control as per the provisions of section 8 of Maharashtra Ownership Flats Act,

Then the Promoter/s shall be amounts already received by them in respect of flat from
the date the Promoter/s received the sum till the date the amount and interest thereon is
repaid” in page no.7 of the registered Agreement dated 23/05/2002. The Opposite Party
was supposed to give possession of the Flat to the Complainant on or before 31/12/2002.
However, the Opposite Parties have miserably failed to provide the possession of the
said flat to the Complainant and thereby till date not yet complied the said clause of the
Agreement dated 23/05/2002.
8. The Complainant paid the entire amount of the said flat as per the Agreement
between the parties but the opposite Parties have failed to provide the possession of the
said flat to Complainant as per the terms and conditions of the agreement between the
Parties.
9. That the failure of the Opposite Parties to give the possession of the said flat to the
Complainant on the assigned date has led to deficiency of services and caused mental
agony and harassment to the Complainant. The Complainant submit that the opposite
parties represented and assured that till the Flat is delivered to the Complainant the
Opposite parties would accommodate the Complainant in another place in Mulund on
rental premises and the rent amount shall be paid by the Opposite Parties as promised
represented and assured by the opposite parties as promised represented and assured
by the Opposite parties to the Complainant to which the Complainant believed upon the
Opposite Parties blindly and in good faith and trust and the opposite parties initially did
pay the rental amount to the Complainant as per the aforesaid representations and
assurance of the Opposite Parties, however the Opposite Parties later on failed to comply
the aforesaid representations and assurance of paying rental amount and till date the
complainant is living in rental premises and all rental payment are paid by the
complainant. I say that for this honest act of the opposite parties since inception the
complainant had to live in rental premises as stated.above. The complainant craves to
leave to reply upon all copies of leave and license agreement executed between the
complainant and the Licensor as and when necessary and required. That the complainant
feeling aggrieved with the careless and irresponsible acts of the Opposite Parties issued
a legal Notice dated 12/09/2015 through their Counsel, thereby calling upon the Opposite
Parties to either comply with the terms and Conditions of the said Agreement by giving
lawful possession of the said flat or pay the Complainant the current market value of the
63
said flat along with interest and compensation thereon. The Legal Notice dated
12/09/2015, its reply dated 05/10/2015 sent by the opposite parties and reply of the
Complainant to the Reply dated 05/10/2015 is annexed here with this Complaint and
marked as Exhibit “A Colly”.
10.That despite numerous requests by the Complainant to the Opposite Parties for refund
or to give the possession of the Flat via telephone, personal visits and legal notices, while
raising the issue of misrepresentation and non-performance of the act specified in the
said agreement. The Opposite Parties have replied to legal notices in an illegal and
malicious manner, further they have not referred to the queries/concerns raised by the
Complainant of giving lawful possession of the said Flat or paying the Complainant of
giving lawful possession of the said Flat or paying the Complainant the current market
value of the said Flat along with interest and compensation thereon.
11.That the Opposite Parties have therefore engaged in unfair trade practices and have
committed gross deficiency of service qua the complainant. These acts of Opposite
Parties have caused tremendous mental harassment and huge financial loss to the
complainant.
12. The Complainant had preferred the Complaint before the Hon’ble National Consumer
Disputes Redressal Commission, New Delhi vide Consumer Complaint bearing No. 850
of 2016 along with documents (annexures) against opposite parties for reliefs as prayed
in the said Complaint. Annexed herewith and marked as Exhibit “A Colly” copy of
Complaint bearing no. 850 of 2016 alongwith annexures. The Hon’ble National Consumer
Disputes Redressal Commission, New Delhi in the said Consumer Complaint bearing No.
850 of 2016 after hearing the Complainant passed an order dated 04/08/2016 to file the
Complaint before this Hon’ble State Commission on the same cause of action in
appropriate forum. Annexed herewith copy of order dated 04/08/2016 in Complaint
bearing no. 850 of 2016 and marked as Exhibit “B”.
13.The Complainant states that the cause of action being the subject of the complaint is
within jurisdiction of this Hon’ble Commission vide order dated 04/08/2016 passed by the
Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Consumer
Complaint bearing No. 850 of 2016, The opposite parties to the present complaint are
within the jurisdiction of this Hon’ble Commission and therefore this Hon’ble Commission
has jurisdiction to try, entertain and dispose of the present complaint. Though the claim
amount is more than 1 crore however vide order dated 04/08/2016 passed by the Hon’ble
National Consumer Disputes Redressal Commission, New Delhi in Consumer Complaint
bearing No. 850 of 2016, as stated above so this Hon’ble Commission alone has
jurisdiction to try and entertain the said complaint.
14. That the cause of action is a continuing one and first arose when the Complainant
came to know about the fact that the assurances and representations of the Opposite
Parties were false and frivolous. That the cause of action continues for each and every
day since the Opposite Parties have illegally retained the amount paid by the Complainant
for the purchase of the flat and also the opposite parties have not given complainant the
rightful possession of the flat and to that effect clause 9 of the Agreement dated
23/05/2002 speaks in volume and also has been stated above and as the Opposite Party
failed to comply the said clause by not paying the amounts to the Complainant till date
the cause action is a continues cause of action therefore the present Complaint is filed
within time limit.
64
15. Jurisdiction: Though the above claim is more than Rupees One Crore thereby the
Complainant preferred the Complaint before the Hon’ble National Consumer Disputes
Redressal Commission, New Delhi in Consumer Complaint bearing No. 850 of 2016,
however vide order dated 04/08/2016 passed by the Hon’ble National Consumer Disputes
Redressal Commission, New Delhi in Consumer Complaint bearing No. 850 of 2016, and
thereby the present Complaint came to be preferred before this Hon’ble Forum as the the
Hon’ble National Consumer Disputes Redressal Commission, New Delhi had taken into
consideration the agreement value which is Rs. 22 Lakhs only (page 24 of the agreement)
and thereby this Hon’ble Commission has the pecuniary jurisdiction to entertain the
present Complaint.
16. That the Complainant has not filed any other similar Complaint before any other
Forum, Court or Tribunal and has preferred the present Complaint for adjudication only
before this Hon’ble Forum after order dated 04/08/2016 passed by the Hon’ble National
Consumer Disputes Redressal Commission, New Delhi in Consumer Complaint bearing
No. 850 of 2016 as stated above.
17. That the present Complaint has been filed bonafide by the Complainant who have no
other recourse but to approach this Hon’ble Forum seeking relief/ prayers mentioned
herein below.
A. That the Complainant has a good case on merits and the balance of convenience
also lies in his favor. The Complainant shall suffer irreparable loss and injury in case the
relief prayed is not granted.
B. The Complainant state that the opposite Parties nos.1 to 3 is duly bound to:
Handover the peaceful possession of the said agreed flat No.901, admeasuring Carpet
Area 1,000 Sq. Ft. i.e., 1200 Sq. ft. is built up area on the Ninth Floor in the building known
as Lake Palace standing on Adi sankaracharya Marg, Powai, Mumbai-400 076.
OR
a. If the Opposite Parties nos.1 to 3 is unable to handover the peaceful possession

of the said agreed Flat then he has to arrange same admeasuring Carpet Area 1,000 Sq.
Ft. i.e. 1200 Sq. ft. is built up area on nearby vicinity in readymade possession flat.
OR
b. Pay the Market Value of the said flat No. Flat No.901, admeasuring Carpet Area
1,000 Sq. Ft. i.e., 1200 sq. Ft. is built up area on the Ninth Floor in the building known as
Lake Palace standing on Adisankaracharya Marg, Powai, Mumbai-400 076 with 18%
interest from the date of last payment. At present market value of the said flat is amount
of Rs.1,83,45,698.00/- as per the Bombay Ready Recknoer Rate 2016, the Copy of
Bombay Ready Recknoer Rate 2016 enclosed herewith and mark as Annexure-A/6 the
calculation are as under:-
Rate of Residential Flat in Rs. per Sq. meters. Built up (1 Sq. mtrs=Rs.1, 64,500/-)
1 Sq. mtrs. Rs.1,64,500/-
65
1 Sq. ft 0.092903 Sq.mt.
1200 Sq Ft 111.524 Sq.mtr
1 Sq. ft Rs.1,64,500/-
111.524 Sq.mtr 1,83,45,698.00
1200 Sq. Ft 111.524 Sq.mtr
Rate Per Sq. Ft 1770.660
Rate per Sq mtrs = 4, 64,500.00, therefore the present Market Value of the said
flat is Rs.1, 83, 45,698=00.
PRAYER
Under the facts and circumstance of the instant case, it is respectfully prayed that
this Hon’ble Forum may graciously be pleased to.
Direct the Opposite Party No.1 to 4 to handover the lawful and peaceful possession
of the said agreed flat bearing no.901, ninth Floor, Lake Palace, Adisankaracharya Marg,
Powai, Mumbai 400076.
OR
a. Director the Opposite Party No.1 to 4 to pay the Market Value of the flat
bearing no.901, Ninth Floor, Lake Palace, Adi Sankaracharya Marg, Powai Mumbai-400
076, that amounts to Rs.1,83,45,698 with 18% interest from the date of last Payment;
b. Award a sum of Rs.10,00,000/- as compensation to the Complainant on

account of the mental and physical agony and harassment caused by the Opposite
Parties.
c. Award a sum of Rs.20,00,000/- in favour of the Complainant and against

the Opposite parties for the harassment and deficient service rendered by the Opposite
parties;
d. Award a sum of Rs.1,00,000/- as Costs of Litigation incurred by the

Complainants for this matter; and
e. Pass such other further Orders (s) as this Hon’ble Forum may deem fir and
proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS THE COMPLAINANTS AS IN DUTY

BOUND SHALL EVER PRAY.
Mumbai
Dated: 24/11/2016 Complainant
(Mrs. Asha AshokKumar Sharma)
BEFORE THE HON’BLE STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, MAHARASTRA MUMBAI
66
Complaint No: Of 2016
IN THE MATTER OF:-
Mr. Ashok Kumar Hansraj Sharma
Through Constituted Attorney
Mrs. Asha Ashok Kumar Sharma ….Complainant

versus
M/S. Shree Siddhivinayak Developers & Ors. ….Opposite parties nos.1to 4
AFFIDAVIT
Affidavit of Mrs. Asha Ashok kumar Sharma wife of Mr. Ashok kumar Hansraj
Sharma, aged about 47 years residing at block No.82/4, Malbar Hill road, Mulund
colony,Mulund West,Mumbai 400082, Power of Attorney Holder of the complainant.
I, the abovenamed deponent, do hereby solemn affirm declare as under,
That I am the Power of Attorney Holder of the complainant and copy thereto is
annexed as Exhibit A colly as Original Power Of Attorney is annexed at the Hon’ble
National Consumer Disputes Redressal Commission, New Delhi vide Consumer
Complaint bearing No. 850 of 2016 and thus competent to swear this affidavit on behalf
of the complainant
That the contents of the complaint under section 17 of the Consumer Protection
Act, 1986 has been drafted by me counsel under instruction and
I have gone through the same, contents whereof are not reiterated herein for the
sake of brevity which may be kindly read as part and parcel to this affidavit, contents
whereof are correct and nothing material has been concealed there from
VERIFICATION
I, Mrs. Asha AshokKumar Sharma aged about 47 years lawful Attorney of my

husband Shri Ashok kumar Hansraj Sharma, aged about 59 years, the Complainant
above named do hereby state on solemn state and declare that whatever stated in the
above paragraphs and also in paras nos. 1 to 21 of the Complaint is true and correct and
to the best of my Knowledge and belief. Last para is prayer to this Commission. Further
verified that nothing material has been concealed therefrom.
Solemnly Affirmed at Mumbai )
This 24th November, 2016 ) Complainant
(Mrs. Asha AshokKumar Sharma)
Identified by me
Advocate for Complainant
67
SALE DEED
THIS SALE DEED made at Mumbai, this 17th Day of March 2020 BETWEEN
MRS. MURLI VASUDHARAN, PAN NO. ATJPN9655K,age ____ years, an Indian
inhabitant, having address at Flat No. 2001, Solitaire, Hiranadani Garden, Powai,
Mumbai 400 076, hereinafter called "THE TRANSFEROR" (which expression shall
unless it be repugnant to the context or meaning thereof mean and include her
heirs, executors, administrators and assigns) of the ONE PART:
AND
MR. GAURAV SAWANT, PAN NO. AJYPS3476H, age 37 years, an Indian

Inhabitant, residing at Flat No. B-1101, Runwal Building, Main Street, Bhandup
West, Mumbai 400 078, hereinafter called "THE TRANSFEREE" (which
expression shall unless it be repugnant to the context or meaning thereof mean
and include his heirs, executors, administrators and assigns) of the OTHER
PART.
68
WHEREAS Agreement For Sale dated 25th June 1981, for the
consideration and on terms and conditions contained therein, The Said MURLI
VASUDHARAN, Purchased from the Promoters M/S. HIRA CONSTRUCTION, a
residential premises, bearing 402, admeasuring 350 sq. ft. Carpet Area, located
on 4th Floor, in the D-Wing of the building known as “Golden Oak”, situated
at Hiranadani Garden, Powai, Mumbai 400 076, and more particularly described
in the Schedule here under written (hereinafter for the sake of brevity referred to
as "the Said Flat").
AND WHEREAS incidental to the holding of the Said Flat, the said MURLI
VASUDHARAN, was enjoying membership rights of the Golden Oak Co-
operative Housing Society Limited; formed and registered under the
Maharashtra Co-operative Societies Act, 1960, bearing Registration No.
BOM/WT/HSG/TC/8478 of 1996-1997 dated 10/10/1996 (hereinafter for the
sake of brevity referred to as "the said Society") covered under Share Certificate
No. 276 consisting of five fully paid up shares bearing distinctive Nos. 1346 to
1350 (both inclusive) of the said Society.
AND WHEREAS as on today the TRANSFEROR is the absolute Owner of the

Said Flat and enjoying membership rights of the said Society.
AND WHEREAS on coming to know the intention of the TRANSFEROR

regarding sale of the Said Flat, the TRANSFEREE approached the
TRANSFEROR and negotiated for sale and transfer of the Said Flat and the said
shares of the Society in his favour and the TRANSFEROR made following
representations to the TRANSFEREE in respect of the Said Flat i.e.
a. There are no suits, litigation, civil or criminal or any other proceedings

pending as against the TRANSFEROR in respect of the Said Flat.
b. There are no attachments or prohibitory orders against the Said Flat and
the Said Flat are not subject matter of any lispendance or attachments
either before or after judgments.
c. The TRANSFEROR has not received any notice either from Income Tax
authorities or any other statutory body or authorities regarding the
acquisition or requisition of the Said Flat.
69
d. There are no encumbrances created against the Said Flat and the title of
the TRANSFEROR to the Said Flat are clear, marketable and free from all
other encumbrances
e. Except TRANSFEROR, no other person or authority have got right, title or

interest of whatsoever nature against the Said Flat.
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO

DECLARE AND CONFIRM As follows-
1. The recitals contained herein shall form the integral part of this Agreement as
if the same are set out and incorporated herein.
2. The TRANSFEROR hereby agree to assign to the the said fully paid up 5
shares of Rs.50/- each bearing distinctive Nos. 1346 to 1350 (both inclusive)
entered in the Share Certificate No. 276 standing in the name of the
TRANSFEROR in the books of the said Golden Oak Co-operative Housing
Society Limited,. Incidental to the said assignment, the TRANSFEROR further
hereby agree to sell, transfer and convey to the TRANSFEREE the said residential
premises bearing Flat No. 402, admeasuring 350 sq. ft. Carpet Area, located
on 4th Floor, in the D-Wing of the building known as “Golden Oak” of Golden
Oak Co-operative Housing Society Limited, situated at Hiranadani Garden,
Powai, Mumbai 400 076, for the consideration of Rs. 34,00,000/- (Rupees Thirty
Four Lakhs only). The said amount of the consideration shall be paid by the
TRANSFEREE to the TRANSFEROR on r before registration of the
Agreement.
(The Payment schedule mentioned at the bottom this Agreement.)
3. The TRANSFEROR declares that she is the absolute owner of the Said Flat
and enjoying membership rights of the said Society and she is holding the Said
Flat quietly without any claim or obstruction from any other person.
70
4. If any person claims any right, title or interest in the Said Flat through the
TRANSFEROR and thereby the TRANSFEREE is put to any losses, expenses,
then in such event the TRANSFEROR agrees and undertakes to indemnify and
keep indemnified the TRANSFEREE against all claims, actions, demands and
proceedings arising in respect of the Said Flat.
5. On execution hereof, the TRANSFEROR shall hand over to the

TRANSFEREE, the title documents in her custody, in respect of the Said Flat.
6. The TRANSFEROR declares that the Said Flat is free from all
encumbrances and the same is not mortgaged or in any manner charged for
payment of any money to any person or Financial Institutions.
7. At present the Said Flat is in lawful possession of the TRANSFEROR.

Without reserving any right, the TRANSFEROR shall hand over peaceful physical
possession of the Said Flat to the TRANSFEREE on execution hereof.
8. All the taxes, electricity charges, maintenance charges and other

outgoings in respect of the Said Flat shall be paid by the TRANSFEREE from
the date of taking over possession and till then, the TRANSFEROR shall pay all
the taxes, electricity charges, maintenance charges and other outgoings to the
respective Authorities.
9. The TRANSFEREE confirms that before execution of this Agreement, he

has inspected the Said Flat and satisfied himself regarding area, quality of
construction and condition thereof.
10. The TRANSFEREE shall abide himself by the rules and regulations of the
said Society and pay the taxes and all other outgoing in respect of the Said Flat,
as and when the same become due for payment and keep the TRANSFEROR
indemnified in respect thereof till the time the TRANSFEREE are admitted as the
member of the said Society in respect of the Said Flat.
11. The premium / Transfer fee of the said Society in respect of the transfer
of the said shares and the Said Flat will be borne and paid by the
TRANSFEROR and the TRANSFEREE, equally.
71
12. Electricity/ Water meters/Mahanagar Gas, club membership, Sinking
Fund and all the amount standing to the credit of the TRANSFEROR in the
books of the said Society in respect of the Said Flat shall be transferred in the
name of the TRANSFEREE on payment of full consideration as agreed &
Transfer of documents & expectance of such claim by the relevant authority.
13. The Stamp Duty and Registration charges of this Agreement shall be
borne and paid by the TRANSFEREE alone.
-THE SCHEDULE ABOVE REFERRED TO-
THE RESIDENTIAL PREMISES bearing Flat No. 402, admeasuring 350 sq.
ft. Carpet Area, located on 4th Floor, in the D-Wing of the building known as
“Golden Oak” of Golden Oak Co-operative Housing Society Limited, situated
at Hiranadani Garden, Powai, Mumbai 400 076 and standing on Plot of land
bearing C.T.S No. 10,11,14,16,17,18 & 19 of Village Powai, Taluka Kurla, District
Mumbai Sub-urban, within the limits of “S” ward of Mumbai Municipal Corporation.
SIGNED SEALED AND DELIVERED

By the withinnamed TRANSFEROR
MRS. MURLI VASUDHARAN
PAN NO. ATJPN9655K
In the presence of
1.
72
By the withinnamed TRANSFEREE
MR. GAURAV SAWANT
PAN NO. AJYPS3476H
In the presence of
1. Name: Ms. Pooja Swapnil Jangle
Address: 5, Sagar Niwas, Mulund West,
Mumbai – 400080
Signature
2. Name: Mrs. Snehal Nilesh Chavan

Address: 44, Runwal Greens, Bhadup west,
Mumbai -400078
Signature
73
RECEIPT
RECEIVED of and from the withnamed TRANSFEREE MR. GAURAV

SAWANT, the sum of Rs. 34,00,000/- (Rupees Thirty Lakhs Only) within
expressed under clause No.2 herein above towards the consideration of the
Commercial premises bearing Flat No. 402, located on 4th Floor, in the D-Wing
of the building known as “Golden Oak” of Golden Oak Co-operative Housing
Society Limited, situated at Hiranadani Garden, Powai, Mumbai 400 076, full
and final satisfaction hereof,
Cheque No. Date Bank Amount

123456 23/02/2020 ICICI Bank Rs. 34,00,000/-
Rs. 34,00,000/-
I SAY RECEIVED

TRANSFEROR
Witnesses.
1.
2.
74
AGREEMENT FOR SALE
ARTICLES OF AGREEMENT made at Mumbai, this ___ Day of

___________ 2017 BETWEEN MRS. MURLI VASUDHARAN, PAN NO.
ATJPN9655K,age ____ years, an Indian inhabitant, having address at Flat No.
2001, Solitaire, Hiranadani Garden, Powai, Mumbai 400 076, hereinafter called
"THE TRANSFEROR" (which expression shall unless it be repugnant to the
context or meaning thereof mean and include her heirs, executors, administrators
and assigns) of the ONE PART:
AND
MR. GAURAV SAWANT, PAN NO. AJYPS3476H, age 37 years, an Indian

Inhabitant, residing at Flat No. B-1101, Runwal Building, Main Street, Bhandup
West, Mumbai 400 078, hereinafter called "THE TRANSFEREE" (which
expression shall unless it be repugnant to the context or meaning thereof mean
and include his heirs, executors, administrators and assigns) of the OTHER
PART.
75
WHEREAS Agreement For Sale dated 25th June 1981, for the
consideration and on terms and conditions contained therein, The Said MURLI
VASUDHARAN, Purchased from the Promoters M/S. HIRA CONSTRUCTION, a
residential premises, bearing 402, admeasuring 350 sq. ft. Carpet Area, located
on 4th Floor, in the D-Wing of the building known as “Golden Oak”, situated
at Hiranadani Garden, Powai, Mumbai 400 076, and more particularly described
in the Schedule here under written (hereinafter for the sake of brevity referred to
as "the Said Flat").
AND WHEREAS incidental to the holding of the Said Flat, the said MURLI
VASUDHARAN, was enjoying membership rights of the Golden Oak Co-
operative Housing Society Limited; formed and registered under the
Maharashtra Co-operative Societies Act, 1960, bearing Registration No.
BOM/WT/HSG/TC/8478 of 1996-1997 dated 10/10/1996 (hereinafter for the
sake of brevity referred to as "the said Society") covered under Share Certificate
No. 276 consisting of five fully paid up shares bearing distinctive Nos. 1346 to
1350 (both inclusive) of the said Society.
AND WHEREAS as on today the TRANSFEROR is the absolute Owner of the

Said Flat and enjoying membership rights of the said Society.
AND WHEREAS on coming to know the intention of the TRANSFEROR

regarding sale of the Said Flat, the TRANSFEREE approached the
TRANSFEROR and negotiated for sale and transfer of the Said Flat and the said
shares of the Society in his favour and the TRANSFEROR made following
representations to the TRANSFEREE in respect of the Said Flat i.e.
f. There are no suits, litigation, civil or criminal or any other proceedings

pending as against the TRANSFEROR in respect of the Said Flat.
g. There are no attachments or prohibitory orders against the Said Flat and
the Said Flat are not subject matter of any lispendance or attachments
either before or after judgments.
h. The TRANSFEROR has not received any notice either from Income Tax
authorities or any other statutory body or authorities regarding the
acquisition or requisition of the Said Flat.
76
i. There are no encumbrances created against the Said Flat and the title of
the TRANSFEROR to the Said Flat are clear, marketable and free from all
other encumbrances
j. Except TRANSFEROR, no other person or authority have got right, title or

interest of whatsoever nature against the Said Flat.
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO

DECLARE AND CONFIRM As follows-
1. The recitals contained herein shall form the integral part of this Agreement as
if the same are set out and incorporated herein.
2. The TRANSFEROR hereby agree to assign to the the said fully paid up 5
shares of Rs.50/- each bearing distinctive Nos. 1346 to 1350 (both inclusive)
entered in the Share Certificate No. 276 standing in the name of the
TRANSFEROR in the books of the said Golden Oak Co-operative Housing
Society Limited,. Incidental to the said assignment, the TRANSFEROR further
hereby agree to sell, transfer and convey to the TRANSFEREE the said residential
premises bearing Flat No. 402, admeasuring 350 sq. ft. Carpet Area, located
on 4th Floor, in the D-Wing of the building known as “Golden Oak” of Golden
Oak Co-operative Housing Society Limited, situated at Hiranadani Garden,
Powai, Mumbai 400 076, for the consideration of Rs. 34,00,000/- (Rupees Thirty
Four Lakhs only). The said amount of the consideration shall be paid by the
TRANSFEREE to the TRANSFEROR in the following manner that is to say,
(a) Rs.32,00,000/- (Rupees Thirty Two Lakhs Only) paid as Part
Consideration before the execution hereof (the payment and receipt

whereof the TRANSFEROR DO hereby admit and acknowledge).
AND
(b) Rs. 4,00,000/- (Rupees Four Lakh only) being a balance consideration
to be paid by way of loan from the Bank or Financial Institution within a period
77
of 30 days from the date of registration of this Agreement, at the time of taking
over possession of the Said Flat.
(The time being the essence of this Contract)
3. The TRANSFEROR declares that she is the absolute owner of the Said Flat
and enjoying membership rights of the said Society and she is holding the Said
Flat quietly without any claim or obstruction from any other person.
4. If any person claims any right, title or interest in the Said Flat through the
TRANSFEROR and thereby the TRANSFEREE is put to any losses, expenses,
then in such event the TRANSFEROR agrees and undertakes to indemnify and
keep indemnified the TRANSFEREE against all claims, actions, demands and
proceedings arising in respect of the Said Flat.
5. On receiving full consideration as mentioned herein above, the

TRANSFEROR shall hand over to the TRANSFEREE, the title documents in her
custody, in respect of the Said Flat.
6. The TRANSFEROR declares that the Said Flat is free from all
encumbrances and the same is not mortgaged or in any manner charged for
payment of any money to any person or Financial Institutions.
7. At present the Said Flat is in lawful possession of the TRANSFEROR.

Without reserving any right, the TRANSFEROR shall hand over peaceful physical
possession of the Said Flat to the TRANSFEREE on receiving the full
consideration as agreed.
8. All the taxes, electricity charges, maintenance charges and other
outgoings in respect of the Said Flat shall be paid by the TRANSFEREE from
the date of taking over possession and till then, the TRANSFEROR shall pay all
the taxes, electricity charges, maintenance charges and other outgoings to the
respective Authorities.
9. The TRANSFEREE confirms that before execution of this Agreement, he

has inspected the Said Flat and satisfied himself regarding area, quality of
construction and condition thereof.
78
10. The TRANSFEREE shall abide himself by the rules and regulations of the
said Society and pay the taxes and all other outgoing in respect of the Said Flat,
as and when the same become due for payment and keep the TRANSFEROR
indemnified in respect thereof till the time the TRANSFEREE are admitted as the
member of the said Society in respect of the Said Flat.
11. The premium / Transfer fee of the said Society in respect of the transfer
of the said shares and the Said Flat will be borne and paid by the
TRANSFEROR and the TRANSFEREE, equally.
12. Electricity/ Water meters/Mahanagar Gas, club membership, Sinking

Fund and all the amount standing to the credit of the TRANSFEROR in the
books of the said Society in respect of the Said Flat shall be transferred in the
name of the TRANSFEREE on payment of full consideration as agreed &
Transfer of documents & expectance of such claim by the relevant authority.
13. The Stamp Duty and Registration charges of this Agreement shall be
borne and paid by the TRANSFEREE alone.
-THE SCHEDULE ABOVE REFERRED TO-
THE RESIDENTIAL PREMISES bearing Flat No. 402, admeasuring 350 sq.
ft. Carpet Area, located on 4th Floor, in the D-Wing of the building known as
“Golden Oak” of Golden Oak Co-operative Housing Society Limited, situated
at Hiranadani Garden, Powai, Mumbai 400 076 and standing on Plot of land
bearing C.T.S No. 10,11,14,16,17,18 & 19 of Village Powai, Taluka Kurla, District
Mumbai Sub-urban, within the limits of “S” ward of Mumbai Municipal Corporation.
79
By the withinnamed TRANSFEROR
PAN NO. ATJPN9655K
In the presence of
1.

By the withinnamed TRANSFEREE
MR. GAURAV SAWANT
PAN NO. AJYPS3476H
In the presence of
Mumbai – 400080
Signature

Mumbai -400078
Signature
80
RECEIPT
RECEIVED of and from the withnamed TRANSFEREE MR. GAURAV

SAWANT, the sum of Rs. 32,00,000/- (Rupees Thirty Lakhs Only) within
expressed under clause No.2(a) herein above towards the part consideration of
the Commercial premises bearing Flat No. 402, located on 4th Floor, in the D-
Wing of the building known as “Golden Oak” of Golden Oak Co-operative
Housing Society Limited, situated at Hiranadani Garden, Powai, Mumbai 400
076, as under,
Cheque No. Date Bank Amount

123456 23/02/2020 ICICI Bank Rs. 32,00,000/-
Rs. 32,00,000/-
I SAY RECEIVED

TRANSFEROR
Witnesses.
1.
2.
81
MORTGAGE DEED
THIS INDENTURE is made at Mumbai this day 17th Day of March Two Thousand Eighteen
BETWEEN
M/S. SINDHU ENTERPRISES, a registered partnership firm having its address at 504/505,
Dattatray Annex, L.T. Road, Opp. Railway Station, Mulund East, Mumbai - 400 081.
hereinafter referred to as the “Mortgagor/Borrower” (which impression shall unless repugnant
to the context or meaning thereof means and include her heirs, executors, administrators
and assigns) of the ONE PART;
MR. SAMEER DATTATRAY VAIDYA AND MR. MANISH BALKRISHNA DOSHI, Individual, Indian
Inhabitant, both residing at 504/505, Dattatray Annex, L T Road, Opp. Railway Station,
Mulund East, Mumbai 400 081 hereinafter referred to as the “Borrower” (which impression
shall unless repugnant to the context or meaning thereof means and include her heirs,
executors, administrators and assigns) of the SECOND PART
In Favour of
THE ABHYUDAYA CO-OP. BANK LTD. a Bank registered under the Bombay Co-op. Societies
Act, 1925 and deemed to be registered under the Maharashtra Co-op. Societies Act, 1960
and also under the Multi State Co-op. Societies Act, 2002 having its registered office at Eknath
Thakur Bhavan, 953, Appasaheb Marathe Marg, Prabhadevi, Mumbai- 400 025 and a branch
office amongst other place at RASEC THANE, hereinafter referred to as “The Mortgagee Bank”
(which expression shall unless it be repugnant to the context and meaning thereof admit
mean and include its successors and assigns) of the THIRD PART
WHEREAS by an Indenture of Mortgage dated the 27th day of July, Two Thousand
Seventeen and made between the Mortgagor of the One Part and the Borrower of
the second part and the Bank of the Third Part and lodged for Registration with the
Sub-Registrar of Assurances at Kurla 2 under serial No. KRL2-5487-2016 dated
27.07.2017, in consideration of the sum of Rs. 811.00 Lakhs (Rupees Eight Crore
Eleven Lakhs only) paid by the Bank to the Borrower, The Borrower did thereby
covenant with the Bank that the Borrower will repay to the Bank the said sum of Rs
Rs. 811.00 Lakhs (Rupees Eight Crore Eleven Lakhs only) with INTEREST THEREON
at PLR - 1.00% = 13.25 % p.a. the manner therein provided and by the said Indenture
of Mortgage it was further witnessed that in consideration aforesaid, the Mortgagor
did thereby grant, assign, convey and assure UNTO the Bank all that premises
82
1) OFFICE NO. 601 TO 605 ON 6TH FLOOR ADMEASURING ABOUT 1079.13 SQ. FT. CARPET
AREA AND OFFICE NO. 501, 502, 504 & 505 ON 5TH FLOOR ADMEASURINGABOUT
2041.83 SQ. FT. CARPET AREA IN THE BUILDING KNOWN AS DATTATRAY ANNEX,
OPP. RAILWAY STATION, L T ROAD, GOKHALE ROAD, SITUATED AT CTS NO. 519/1 & 2,
520/1-8 PART 2, , MULUND (EAST) -400 081.
2) SHOP NO. 1 & 6 ON THE GROUND FLOOR ADMEASURING ABOUT 1037.70 SQ. MTRS.
RESPECTIVELY IN THE BUILDING KNOWN AS MULUND ANKUR CO. OP. HOUSING
SOCIETY LIMITED SITUATED AT CTS NO. 1108, VILLAGE-MULUND, TALUKA KURLA,
MUMBAI - 400 081.
together with all the furniture, fixture brought in or upon the said flat therein referred to
and also hereinafter referred to as “the Mortgaged Premises” and more particularly
described in the Schedule thereunder written, as also in the Schedule hereunder written
together with all their rights, easements, appurtenances and all the estate, right title and
interest claim and demand whatsoever of the Mortgagor into and upon the said premises
and every part thereof and also all the deeds and other evidences of title in any way
relating to the mortgaged property and all receipts, documents and other evidences of
title in the possession of the Mortgagor the Mortgagor thereunder and their and every of
their appurtenances UNTO and to the use of the Bank but subject to the proviso for
redemption therein contained.
AND WHEREAS the said sum of Rs. 811.00 Lakhs (Rupees Eight Crore Eleven Lakhs only)
and interest thereon are still due and owing by the Borrower to the Bank on the security
of the Mortgaged Premises.
AND WHEREAS M/s. SINDHU Enterprises has requested to replace the security bearing SHOP
NO. 1 ON THE GROUND FLOOR ADMEASURING ABOUT 1037.70 SQ. MTRS. RESPECTIVELY
IN THE BUILDING KNOWN AS MULUND ANKUR CO. OP. HOUSING SOCIETY LIMITED
SITUATED AT CTS NO. 1108, VILLAGE-MULUND, TALUKA KURLA, MUMBAI - 400 081 already
mortgaged to The Bank against the security bearing FLAT NO. 302 ON THE THIRD FLOOR
ADMEASURING ABOUT 69.77 SQ. MTRS. RESPECTIVELY IN THE BUILDING KNOWN AS
MULUND ANKUR CO. OP. HOUSING SOCIETY LIMITED SITUATED AT CTS NO. 1108,
VILLAGE-MULUND, TALUKA KURLA, MUMBAI - 400 081.
AND WHEREAS the Bank had accepted the request of M/s. SINDHU Enterprises to replace
the security as FLAT NO. 302 ON THE THIRD FLOOR ADMEASURING ABOUT 69.77 SQ.
MTRS. RESPECTIVELY IN THE BUILDING KNOWN AS MULUND ANKUR CO. OP. HOUSING
SOCIETY LIMITED SITUATED AT CTS NO. 1108, VILLAGE-MULUND, TALUKA KURLA,
MUMBAI - 400 081 and release charge on FLAT NO. 302 ON THE THIRD FLOOR
ADMEASURING ABOUT 69.77 SQ. MTRS. RESPECTIVELY IN THE BUILDING KNOWN AS
MULUND ANKUR CO. OP. HOUSING SOCIETY LIMITED SITUATED AT CTS NO. 1108,
VILLAGE-MULUND, TALUKA KURLA, MUMBAI - 400 081.
83
NOW THIS INDENTURE WITNESSETH AS FOLLOWS :
1. In pursuance of the said Agreement and in consideration of the said sum of Rs.
811.00 Lakhs (Rupees Eight Crore Eleven Lakhs only) paid to the Borrower by the
Bank on or before the execution of these presents (the receipt whereof the
Mortgagor/ Borrower doth hereby admit and acknowledge and of and from the
same and every part thereof doth hereby acquit, release and discharge the Bank
for ever) the Borrower doth hereby covenant with the Bank with that they The
Borrower will on demand pay to the Bank in Mumbai the said sum of Rs. 811.00
Lakhs (Rupees Eight Crore Eleven Lakhs only)
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED THAT in case

during the continuance of the security (i) any interest shall accrue due on the said
principal sum or any part thereof and / or (ii) any instalment or principal or any
part thereof shall become payable and / or (iii) any other moneys payable under
these presents shall become due and payable and such interest / instalment of
principal and other moneys shall not be paid on the days on which they shall
become due and payable, then the same shall carry interest at the same rate
computed from the respective time of such interest or instalment of principal or
part thereof or other moneys becoming due upon the footing of compound
interest with rests taken or made quarterly on the days herein before respectively
provided for payment thereof PROVIDED ALWAYS that in case of non-payment of
any instalment of principal or part thereof or interest shall be chargeable only on
the amount thereof or interest shall be chargeable only on the amount thereof
and not upon the rest of the loan and in such case the Borrower shall also pay
additional interest at the rate of 2% p.a. on such amount in addition to the
stipulated rate of PLR - 1.00% = 13.25 % p.a. and all such compound interest and
additional interest shall also be chargeable on the said premises hereby mortgaged
upon all the assets of the Mortgagor hereby assigned and IT IS HEREBY AGREED
AND DECLARED that such additional interest shall be part of the primary contract
between the parties and not a stipulation by way of penalty AND PROVIDED
FURTHER that this provision shall not be deemed to authorise the Borrower to
allow any interest or instalment of Principal or part thereof or any other moneys
as aforesaid to fall in arrears unless permitted so to do by the Bank nor shall it
affect the covenant by the Borrower to pay interest and the instalments of principal
on their due dated and to pay such other moneys as aforesaid or the rights of the
rights of the Bank to take legal proceeding or other steps to recover the interest
or the instalment or the part of instalment of principal or other moneys due under
these presents that may be in arrears and remain unpaid and the Borrower shall
pay the same to the Bank accordingly PROVIDED FURTHER and
NOTWITHSTANDING anything hereinbefore contained the Borrower shall pay the
whole principal sum and interest then due on demand and if not demanded earlier,
or before by the aforesaid instalments.
AND IT IS HEREBY AGREED AND DECLARED THAT the premises more particularly
described in the Schedule hereunder written with their appurtenances respectively
84
comprised in and granted and assigned or otherwise shared by the hereinbefore
recited Indenture of Mortgage dated 27.07.2017 shall stand charged with and
remain as a security for the payment to the Bank the said sum of PLR - 1.00% =
13.25 % p.a. thereby secured and interest thereon for the same pursuant to the
foregoing covenant in that behalf and shall not be redeemed or redeemable until
all the principal sums and interest thereon respectively shall be fully paid and
satisfied.
AND IT IS HEREBY ALSO AGREED AND DECLARE THAT all the covenants, power
of sale and other powers and provisions, covenants and agreements contained in
hereinbefore recited Indenture of Mortgage dated 27th July 2017, for realizing and
better securing the repayment to the Bank of the said sum of Rs. 811.00 Lakhs
(Rupees Eight Crore Eleven Lakhs only) and the interest thereon shall extend and
be applicable so as to be a further security for the repayment of the said sum of
Rs. 811.00 Lakhs (Rupees Eight Crore Eleven Lakhs only) and interest thereon as
if the said sum of Rs. 811.00 Lakhs (Rupees Eight Crore Eleven Lakhs only) had
formed part of the Principal Moneys secured by the said Indenture of Mortgage
dated the and be available for realizing and securing the payment of the same
AND IT IS HEREBY AGREED AND DECLARED that the Borrower shall pay all costs,
charges and expenses which the Bank may incur for the demand, realisation and
recovery of the Principal amounts and Interest and all the amounts secured by
These Presents or any part thereof and all costs, charges and expenses for the
release, Reconveyance, discharge or transfer of Mortgage to be executed by the
Bank on repayment of the amount due under These Presents AND IT IS HEREBY
FURTHER AGREED AND DECLARED that they the Borrower will at all times during
the continuance of the present security keep the mortgaged property insured
against loss or damage by fire for a sum of Rs. 811.00 Lakhs (Rupees Eight Crore
Eleven Lakhs only) for which it is hereby insured as provided under the said
Indenture of Mortgage dated 27th July 2017 in the name of the Bank and will pay
all premia and sums of money necessary for such purpose atleast one week before
the day on which the same respectively ought to be paid and will at any time on
demand produce and assign or endorse and deliver to the Bank the policies all
such insurance and the receipt for every such payment And That the Mortgagor
will not at any time hereafter during the continuance of such insurance, as
aforesaid, do any act or commit any default whereby the said insurance may be
rendered void or voidable or the increased premium becomes payable therefore
and will in case of, at any time during the continuance of this security, the said
insurance shall by any means become void or voidable forthwith at their own costs,
effect a new insurance in lieu of such void or voidable insurance in the name of
the Bank in the said sum of Rs. 811.00 Lakhs (Rupees Eight Crore Eleven Lakhs
only) AND ALSO that if default shall be made in keeping the said premises insured,
as aforesaid, it shall be lawful for but not obligatory upon the Bank to keep the
said premises for a further sum of Rs. 811.00 Lakhs (Rupees Eight Crore Eleven
Lakhs only) as aforesaid AND THAT the Borrower will on demand repay to the
Bank every sum of money expended by them for the purpose with interest thereon
at the rate aforesaid from the time of the same having been so expended and
THAT until such repayment the same shall be a charge upon the said premises
AND IT IS HEREBY AGREED AND DECLARED that all sums of money received
85
under or by virtue of any such insurance, as aforesaid, shall at the option of the
Bank either be forthwith applied in or towards substantially rebuilding, reinstating
and repairing the said premises or in or towards the payment of the Principal sum
and Interest for the time being remaining due on the Security of These Presents
as well as of the said Mortgage dated the 27th day of July 2017.
3. That the Mortgagor doth hereby Covenant with the Bank that the Mortgagor has
not at any time hereinbefore done or omitted or wrongly suffered or been partly
or privy to any act, deed or thing whereby it is prevented from charging the said
land, hereditaments, premises, messuages and tenements hereby charged as
security.
IN WITNESS WHEREOF )
the Mortgagor has )
Affixed hereunto on the day and year first )
Hereinabove written. )
THE SCHEDUEL OF THE PROPERTY ABOVE REFERRED TO
(DESCRIPTION OF LAND & BUILDINGS)
All that piece or parcel of land known FLAT NO. 302 ON THE THIRD FLOOR ADMEASURING
ABOUT 69.77 SQ. MTRS. RESPECTIVELY IN THE BUILDING KNOWN AS MULUND ANKUR CO.
OP. HOUSING SOCIETY LIMITED SITUATED AT CTS NO. 1108, VILLAGE-MULUND, TALUKA
KURLA, MUMBAI - 400 081
SIGNED AND DECLARED )
By the within named )
‘MORTGAGOR/’‘BORROWERS’ )
M/S. SINDHU ENTERPRISE )
Through its partner )
____________________________ )
____________________________ )
In the presence of: )
1.
2.
86
MR. SAMEER DATTATRAY VAIDYA )
MR. MANISH BALKRISHNA DOSHI )
‘BORROWERS’ )
M/S. SINDHU ENTERPRISE )
Through its partner )
____________________________ )
____________________________ )
In the presence of: )
1.
2.
SIGNED, SEALED AND DELIVERED )
By the within named ‘BANK’ )
THE ABHYUDAYA CO-OPERATIVE BANK LIMITED,)
in the presence of )
1.
2.
87
LEAVE AND LICENSE AGREEMENT
THIS LEAVE & LICENSE AGREEMENT made at Mumbai this 14th day of
March 2020 BETWEEN MR. JAY MADHAV JHA, age 61 years, an Indian
Inhabitant, having address at 305, 3rd Floor, B Wing, Pranav Commercial Plaza,
M. G. Road, Mulund (West), Mumbai – 400 080, hereinafter called "THE
LICENSOR" (Which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include his heirs, executors,
administrators and assigns) of the ONE PART,
88
AND
MR. DHANANJAY V. RANE, age ___ years, an Indian Inhabitant, having

address at C 22/10, Godrej Hill Side Colony, L. B. S. Road, Vikhroli (West),
Mumbai - ________, hereinafter called "THE LICENSEE" (Which expression shall
unless it be repugnant to the context or meaning thereof be deemed to mean and
include his legal heirs, executors, administrators and assigns) of the OTHER
PART.
W H E R E A S:
(i) The LICENSOR is sufficiently seized and possessed and entitled to the
commercial Premises bearing Office No. 303, admeasuring 301
Sq. Ft. Carpet area or thereabouts, located on the 3rd Floor, in the B
wing, of the building known as Pranav Commercial Plaza Premises Co-
operative Society Ltd.; situated at M. G. Road, Mulund (West), Mumbai
– 400 080, which is more particularly described in the Schedule hereunder
written (hereinafter for the sake of brevity referred to as “the said Licensed
Premises”).
(ii) The LICENSEE herein being in need of temporary suitable premises for
running his business/profession of “Beautician Training” has approached the
LICENSOR to grant her permission to use and occupy the said Licensed
Premises, on what is popularly known as “LEAVE AND LICENSE” basis for
a temporary period of Thirty Six (36) Months.
(iii) The LICENSOR herein has agreed to allow or permit the LICENSEE to
occupy and use the said Licensed Premises without any right, title or interest
therein in favour of the LICENSEE on “LEAVE AND LICENSE” basis for the
said period of Thirty Six (36) Months only on the terms and conditions as
appearing hereinafter.
89
NOW THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO as follows –
1. Grant of License:
In consideration of the compensation or license fee hereinafter reserved and
covenants and conditions hereinafter contained and on the part of the
LICENSEE to be paid, observed and performed, the LICENSOR do hereby
grant permission to the LICENSEE to use and occupy on leave and license
basis, the said Licensed Premises i.e. commercial Premises bearing Office
No. 303, admeasuring 301 Sq. Ft. Carpet area or thereabouts, located on
the 3rd Floor, in the B wing, of the building known as Pranav Commercial
Plaza Premises Co-operative Society Ltd.; situated at M. G. Road, Mulund
(West), Mumbai – 400 080, for the temporary period of Thirty Six (36) Months
commencing from 20th February 2018 and ending on 19th February 2021.
2. License Fee:
THE LICENSEE shall pay to the LICENSORS the License Fee/Compensation
for the lawful use of the said Licensed Premises as under;
(a) For First 12 Months of the term i.e. from 20th February 2018 to 19th
February 2019, Rs.1,00,000/- (Rupees One Lakh only) per month,
(b) For Second 12 Months of the term i.e. from 20th February 2019 to 19th
February 2020, Rs.1,07,500/- (Rupees One Lakh Seven Thousand Five
Hundred only) per month,
(c) For Third 12 Months of the term i.e. from 20th February 2020 to 19th
February 2021, Rs.1,15,563/- (Rupees One Lakh Fifteen Thousand
Five Hundred and Sixty Three only) per month.
The said License Fee shall be paid by the LICENSEE to the LICENSOR in
advance, on or before 5th day of every month for the Term of this agreement.
90
Non-payment of the License fees by the due date, shall entitle the LICENSOR
to charge interest at the rate of 18% per annum, until the date of clearance and
without prejudice to the LICENSOR rights under this agreement and/or under
any law to evict the LICENSEE from the said Licensed Premises and to
recover lawful dues from the LICENSEE.
3. Security Deposit:
3.1 The LICENSEE have agreed to keep with the LICENSOR an Interest Free
Refundable Security Deposit of Rs.4,50,000/- (Rupees Four Lakh Fifty
Thousand only) for the due performance and observance of the terms and
conditions of this Agreement, which will remain with the LICENSOR till the
termination of this Agreement. The LICENSOR shall not be liable to pay any
interest on the said Refundable Security Deposit.
3.2 The LICENSOR hereby covenants and declares that the LICENSOR will refund
the deposit amount on handing over vacant and peaceful possession of the
Licensed Premises on the date of completion of the Leave & License period or
earlier termination as contemplated herein, as per the terms and conditions of
this Leave & License Agreement. The LICENSOR will refund the said security
deposit after deducting there from cost of damage if any caused by the
LICENSEE and also deducting there from arrears of License fee, outstanding
Bills for telephone, Electricity, Other Utility Bills, etc.
4. Outgoings:
4.1 In addition to the License Fee/Compensation, the LICENSEE shall make
payment towards the electricity charges, water charges, Car Parking charges
and Telephone Charges as per actual consumption and produce paid bills in
original to the LICENSOR.
4.2 In case of obtaining telephone connection in the said Licensed premises, the
LICENSEE shall obtain written permission from the LICENSOR for the said
purpose and the LICENSEE alone shall be held responsible for payment of
telephone bills.
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4.3 The said License Fee will include the outgoings to be payable to the Association
of Building/Society towards municipal rates and taxes and other outgoing
charges.
4.4 It is mutually agreed between the LICENSOR and the LICENSEE that the
present Municipal Taxes payable to the said Society will be paid by the
LICENSOR. However, if any additional municipal taxes is payable to M.C.G.M.
because of this Leave and License Agreement, the same shall be paid by the
LICENSEE.
4.5 The LICENSEE shall be liable to pay Service Tax, Vat, Income Tax, G.S.T. and
all kind of other duties, taxes, cesses, levies etc. payable under present State /
Central Government / Semi Government Policies or payable in future under any
newly implemented Government Policy/ies in respect of the Business activity of
the LICENSEE.
5. Lock-in Period :
It is specifically agreed that both the Parties are bound to continue for the
minimum period of Twelve (12) Months and in case the LICENSEE wants to
terminate this Agreement before the said Lock-in-period, the LICENSEE will be
required to pay the License Fee for the remaining vacant period to the
LICENSOR.
6. Judicial Possession:
6.1 The legal and judicial possession of the said Licensed Premises is and shall
continue to be with the LICENSOR, as the LICENSEE is allowed to occupy the
said Licensed Premises, barely as the LICENSEE for the said period of Thirty
Six (36) Months. The LICENSEE shall not be entitled to transfer the benefit of
this agreement to any third party.
6.2 It is specifically clarified that the said Licensed Premises is exclusively owned
by the LICENSOR and no right, title or interest of whatsoever nature, in favour
of the LICENSEE has been created.
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7. Comply with Rules & Regulations:
7.1 The LICENSEE shall observe and comply with the rules & regulations and
ordinances etc. of the Muncipal Gumastha Dhara, Mumbai Police Act and
Rules framed thereunder, Income Tax Law, Sales Tax Law, GST, Excise Law,
Professional Tax Law and all other laws, ordinances, notifications etc.
applicable to the business of the LICENSEE and the LICENSEE shall
indemnify and keep indemnified the LICENSOR against any breach or
violation thereof and all actions arising there from.
7.2 The LICENSEE shall observe and perform all the laws, rules and regulations
prescribed from time to time by the said Association of Building/Society and
will not make or commit any breach thereof jeopardizing the possession of the
LICENSOR of the said Licensed Premises.
8. Enjoyment :
It is expressly agreed between the parties hereto that the LICENSEE shall
be entitled to peacefully use, occupy and enjoy the said Licensed Premises for
the use specified herein during the period of this Agreement subject to the
compliance by the LICENSEE with terms and conditions of this Agreement.
9. Right to Inspection :
The LICENSOR and his agents, surveyors and workmen shall have absolute
right to enter into the said Licensed Premises at all reasonable time for the
purpose either for inspection and/or repairs if any of the Licensed Premises or
for satisfying that the LICENSEE have complied with and carried out the terms
and conditions of this Agreement.
10. Furniture & Fixtures :

10.1 The LICENSEE shall maintain the said Licensed Premises and fittings and
fixtures in the same conditions, state and order in which, it were delivered by
the LICENSOR.
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10.2 The LICENSEE at his own costs, charges and consequences and risks and
responsibilities can make and keep any other furniture that can be removed or
broken down at the time of termination or sooner termination or revocation of
this Agreement.
11. Additions & Alterations :

The LICENSEE will not make any additions or alterations of permanent nature
or structural changes in the said Licensed Premises, without written
permission obtained from the LICENSOR.
12. Assignment :
The LICENSEE will not sublet, underlet, assign, transfer, share occupation or
create any third party right or interest or otherwise part with the possession
of the said Licensed Premises or any part thereof to anybody else.
13. Nuisance :
The LICENSEE hereby declare that he shall use the Licensed premises in
such a way so as not to cause any nuisance to neighbours and/or to the
other members of the Building/Society.
14. Hazardous Substance :

The LICENSEE will not store any hazardous substance or any of the
material prohibited under the Explosive Substances Act, 1908 or any law for
the time being in force, in the said Licensed Premises.
15. Immoral or Illegal Purpose:

The LICENSEE shall use the Licensed Premises in a lawful manner and
that he shall not use the same for any immoral and illegal purpose or
business and that he shall not commit any breach or violation of society,
municipal and Government rules and he will not do or cause or suffer to be
done upon the said Licensed Premises any act, which will be injurious or
offensive to the LICENSOR.
16. Termination :
16.1 It is agreed that during the tenure of the Agreement if the LICENSEE
becomes bankrupt or insolvent or is wound up then in such an event the
LICENSOR shall have right to terminate this Agreement with immediate
effect.
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16.2 Notwithstanding anything stated in this agreement, In the event LICENSEE
committing default in payment of LICENSEE fee or commits breach of any of
the terms and conditions of this agreement then the LICENSOR shall be
entitled to terminate this agreement by giving one (1) month written notice to
the LICENSEE.
16.3 Subject to the lock-in period, either party can terminate this agreement by
giving one (1) month written notice in advance of their intention to do so. On
expiry of the said notice period, this Agreement shall stand terminated and
accounts between the parties shall be settled immediately.
17. Consequences of Termination:

17.1 On the expiry of the period of this agreement, or on its sooner termination as
the case may be, the LICENSEE shall remove all its goods, furniture, articles
and things belonging to the LICENSEE which may be lying and being in any
part of the Licensed Premises and also remove himself therefrom without any
hindrance and hand over the peaceful possession of the said Licensed
Premises to the LICENSOR.
17.2 The LICENSOR shall on vacating the said licensed premises refund the
Security Deposit payable to the LICENSEE without interest at the same
time. The time being essence of this Agreement, It is specifically agreed by
and between the parties hereto that the LICENSOR shall be entitled to
deduct and adjust the amount of pending dues under this agreement from
the said Security Deposit. It is further agreed that, at the time of vacating the
said Premises, if any damages are noted to be done by the LICENSEE to
the said Licensed premises, the LICENSOR shall be entitled to rectify the
said damages out of the amount of the Security Deposit and return the
balance amount of the said Security Deposit to the LICENSEE.
17.3 In the event of default in refund of the Security Deposit by the LICENSOR to
the LICENSEE at the expiry or sooner termination of this Agreement, the
LICENSEE shall continue with the possession of the Licensed premises till
the Security Deposit is refunded to his and the LICENSEE will not be under
any obligation to pay the monthly compensation to the LICENSOR, as
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agreed herein before , till the Security Deposit is refunded to him along with
interest @ 18% per annum, from the date, the refund was due, till the date
of realization of amount of the Security Deposit.
18. Notice :
Any notice intended to be sent by any party hereto to the other party as
required hereunder or by virtue of any governing law shall always be in writing
and shall be deemed sufficient only if it is served by hand-delivery duly
acknowledged or sent by Registered Post with acknowledgment due and by no
other mode.
19. Jurisdiction :
The parties agree to submit all the matters relating to or arising out of this
Agreement to the exclusive jurisdiction of the Courts of Mumbai.
20. Governing Law :

This Agreement shall be governed by (a) Indian Contract Act, 1872 and (b)
Maharashtra Rent Control Act, 1999 as at present in force and shall not be
effected to the prejudice of the LICENSOR by any change in the provisions of
relevant law, which might be adverse to the interest of the LICENSOR.
21. Stamp duty & Registration :

The Stamp Duty and Registration charges on this Agreement shall be borne and
paid by the LICENSOR and the LICENSEE equally. The original copy of the
Leave & License agreement shall be kept with the LICENSOR and the
LICENSEE shall keep the duplicate thereof.
22. Severability:
In the event of any part of this Agreement being read down by any court and/or
being rendered as not enforceable in law then in that event such part of this
Agreement shall be treated as if not forming part of this Agreement while
remaining Agreement shall contrive to be in force.
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23. Headings:
In this Agreement, unless otherwise stated, the headings to articles are inserted
for convenience of reference only and shall not affect its construction.
SCHEDULE OF THE LICENSED PREMISES
THE COMMERCIAL PREMISES bearing Office No. 303, admeasuring 301

Sq. Ft. Carpet area or thereabouts, located on the 3rd Floor, in the B wing, of
the building known as Pranav Commercial Plaza of Pranav Commercial Plaza
Premises Co-operative Society Ltd.; situated at M. G. Road, Mulund (West),
Mumbai – 400 080, constructed on the Plot of Land bearing C.T.S. No. 966, 966/1-
17 of Village Mulund (West), Taluka Kurla, District Mumbai Sub-urban.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective signatures on the day and year first hereinabove written.
by the withinnamed LICENSOR
MR. JAY MADHAV JHA
PAN: ADEPJ5509P
In the presence of
1.
2.
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by the within named LICENSEE
MR. DHANANJAY V. RANE
PAN: AEDPR3551D
In the presence of
Mumbai – 400080
Signature
Mumbai -400078
Signature
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DEED OF LEASE
THIS INDENTURE made at this 16th day of March, 2020 BETWEEN (1)
Mr.Vallabhaji Shamji Nagda, residing- 5, Sheetal Darshan, L.T.Road, Mulund (East), Mumbai
-400081, (2) MRS. KALPANA ASHOK PASAD residing at 501, Tridev Tower 1, Bhakti
Marg, Mulund (West), Mumbai 400 080 hereinafter jointly referred to as “LESSORS”
(which term shall mean and include wherever the context so requires or admits his/their
heirs, administrators, executors, and assigns) of the One Part AND THE LIFE GAIN
CORPORATION OF INDIA a corporation established by the Life Insurance Corporation
Act, 1956 and having its western zonal office at “Yogakshema” (West Wing), JeevanBima
Marg, Mumbai 400 021 hereinafter called “the LESSEES” (which expression shall
wherever the context or meaning so requires or permits mean and include its successors
and permitted assigns) of the Other Part;
WHEREAS :
(A) The Lessors herein are the Owners of and absolutely seized and possessed of or
otherwise well and sufficiently entitled to premises No.7A being 7th Floor
admeasuring 7124.05 sq.ft. carpet area in the building known as “360 Degree
Business Park “ situated at 272, L. B. S. Marg, Mulund-Checknaka, Mulund (W),
Mumbai 400 080 being the premises more particularly described in the First
Schedule hereunder written and hereinafter referred to as “demised premises”.
B. The said demised premises were by virtue of Lease Deed dated 10/04/2007
registered under Serial No. 3/2691/07 leased in favour of the Lessee herein by the
pre-decessor in title of the Lessors hereinfor a period of 9 years commencing from
01/10/2006 upto 31/3/2016 for the lease rent and other terms and conditions as
contained therein.
C. By virtue of Diverse registered agreements, the Lessors herein became Owners

of the said demised premises and stepped into shoes of the Lessor of the said
demised premises and Lessee herein was paying lease rent to the Lessor herein
under the aforesaid Lease Deed dated _____________. By efflux of time the term
of the Lease under the aforesaid Lease Deed dated _______________ came to
an end and the parties have negotiated and arrived at mutually agreed terms to
execute a fresh lease deed for grant of lease in respect of the demised premises
to the Lessee for a fresh term of 9 years for the lease rent and on other terms and
conditions agreed upon between the parties hereto which the parties are desirous
of recording by virtue of this Deed of Lease.
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NOW THIS INDENTURE WITNESSETH as follows:
1. That in consideration of the rent hereby reserved and contained and the covenants
by the LESSEES and the conditions herein contained and on the part of the Lessee
to be observed and performed, the LESSOR doth hereby demise unto the LESEES
ALL THAT the premises being No.7A on 7th Floor admeasuring 7124.05 sq.ft.
carpet area in the building known as ”360 Degree Business Park” situate at 272,
L.B.S. Marg, Mulund Checknaka, Mulund (West), Mumbai 400 080 which premises
are delineated in red colour lines on the plan hereto annexed and more particularly
described in the First Schedule hereunder written TOGETHER WITH all fixtures
and fittings attached thereto (hereinafter called “the said demised premises”) and
together with full right and liberty to the LESSEES and their constitutes,
employees, servants and workmen and all persons authorized by or having
business with the LESSEES to use in a reasonable manner in common with the
other tenants and occupants of the said building the stairs, passages, corridors
and such other common areas and appearances, such as bath rooms, toilet
facilities etc. of the said building which are for the common use of the LESSEES
(along with other tenants and occupants of the said buildings) as may be
necessary for the full and proper enjoyment of the said demised premises TO
HAVE AND TO HOLD the said demised premises unto and to use of the LESSEES
for a period of nine years which shall be deemed to have commenced from
01.04.2016 and shall expire on 31.03.2025 YIELDING AND PAYING
THEREFORE during the said term and monthly rent as per statement contained
in the Second Schedule hereunder written (hereinafter referred to as “the Lease
Rent”)the lease rent for each month to be paid in advance on or before the 10 th
day of each month at the said premises aforementioned and subject to the
observance and performance of the covenants on the part of the lessees and the
conditions herein contained.
2. The lessees to the intent that the obligations may continue throughout the term
hereby created do hereby covenant with the lessor as follows:
(a) To pay punctually and without any deduction the said lease rent hereby
reserved in manner aforesaid.
(b) The LESSEES shall in addition to lease rent to pay the present and future
Municipal rates and taxes and Government taxes, as also any new taxes/levies
charges /imposed, statutorily or otherwise, on the said premises by any
Authority at any time hereafter on production of society/Municipal/Government
notices and notices of any Authority.
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(c) The Goods and Service Tax (GST) or any other levy shall be born and paid by
the Lessee.
(d) To pay all charges for electricity both for light and power consumed by the
LESSEES on the said demised premises as shall be registered in the sub-
meter or meters in respect of the said demised premises (which the LESSOR
has already provided at its own cost) as well as the rentals for the meter when
due. Additional light and fan points if any required by the LESSEES will be
provided by the LESSOR at the LESSEES’ cost.
(e) Not to use the said demised premises for any purpose other than that of
carrying on the business of the LESSEES and/or as branch office of the
LESSEES and not to use the said demised premises in such a way as may
cause nuisance, annoyance and inconvenience to the LESSOR or to the other
tenants and occupiers of the said building or in the neighborhood or for the
storing hazardous goods.
(f) To maintain and keep the said demised premises clean and in sanitary
condition and to remove all rubbish at the end of the day.
(g) Not to allow any servants or menials to sleep in the main corridor or on the
staircase.
(h) Not to assign, sublet, re-let, transferor part with the possession of the said
demised premises or any part thereof to any person or persons without the
previous written consent of the LESSOR first obtained.
3. The LESSOR doth hereby covenant with the LESSEES as follows:
(a) The LESSOR is absolutely entitled to grant this lease to LESSEES without
obtaining any approval from any other person.
(b) That upon the LESSEES paying the rent hereby reserved and observing
and performing the several stipulation, covenants and conditions on their part
herein contained, shall peaceably hold and enjoy the said demised premises
during the said term without any interruption by the LESSOR or any person or
persons claiming through, under or in trust for the LESSOR.
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(c) The LESSEES will be entitled at all times so long as they are LESSEES of
and/or in possession of the said demised premises:
(1) Make any additions or alterations or permanent fittings or fixtures to the said
demised premises or any part thereof.
(2) To construct in or upon or fasten to the said demised premises partitions,

fans, fan and light rods.
(3) To make additions and alterations for creating cash counters, cabins, etc.
in the said demised premises.
Provided that the LESSEES shall be bound to obtain sanction of the

Municipality or any other body if necessary.
adequate parking facilities inside the compound of the said property so as to

accommodate at least 2 cars, 7 Scooters / Motorcycles and other two wheelers vehicles
belonging to the LESSEES, their Officers, employees, constituents or customers
wherever available.
(f) The Lessor has provided adequate number of fan points, light points, petty
fittings and necessary electric wiring as per electric wiring as per electric layout
thereof given to the Lessor by the Lessees. The Lessor has also provided separate
electric meter in the said demised premises at his (the Lessor’s) own cost.
(g) The Lessor will provide separate 3 phase electric meter in the said demised
premises at its own (Lessors) cost.
(h) The Lessor will provide adequate toilet facilities for the staff of the Lessees
with proper arrangements for flushing to cistern, urinals, mirrors glass shelves,
towel rails etc.
(i) The lease of the premises hereby demised to the Lessees shall not be
terminated by reason of the sale or mortgage of the demises premises by the
Lessor.
4. PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED AS

FOLLOWS:
a. If the rent hereby reserved shall be in arrears and unpaid for 30 days after
becoming payable or if any covenant on the part of the Lessees or
conditions herein contained shall not be performed or observed, then it shall
be lawful for the Lessor at any time thereafter to re-enter upon the said
demised premises or any part thereof in the name of the whole and
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thereupon this demise shall absolutely determine but without prejudice to
the right of action of the Lessor in respect of any breaches of the Lessees
covenants and conditions herein contained.
b. In case the said demised premises or any part thereof shall at any time
during the term hereby created be destroyed or damaged by fire, act of god,
riot and civil commotion, enemy action and such like damage not within the
control of the Lessees so as to be wholly or partially unfit for the use of the
Lessees, then the rent hereby reserved or a proportionate part thereof
according to the damage sustained, shall cease to be payable from the time
of such destruction or damage until the said demised premises shall be
reinstated and the Lessees if called upon to do so by the Lessor shall vacate
the whole or any portion thereof for enabling the Lessor to make necessary
repairs and if any dispute shall arise between the parties hereto with regard
to any claim for abatement or suspension of rent or the amount or period of
such abatement or suspension, the same shall be referred to Sole
Arbitration in accordance with and subject to the Arbitration and
Reconciliation Act, 1996 and any statutory modification or reenactment
thereof for the time being in force.
c. Any notice required to be served upon the Lessees shall be sufficiently
served upon them if delivered to them by post or left at the said demised
premises or its Western Zonal Office in Mumbai and shall be sufficiently
served upon the Lessor if delivered to it by registered post or left at its above
address in Mumbai.
d. The Lessor and the Lessees shall equally bear and pay the stamp duty and
registration charges payable in respect of this lease and each part shall bear
and pay their own cost and expenses of and incidental to the preparation,
approval and completion of this lease.
e. Lessees can terminate this lease by serving six months notice in writing to
Lessors. Similarly Lessors can require the Lessees to vacate the demised
premises by servicing six months notice in writing to Lessees without
assigning any reason.
IN WITNESS WHEREOF the parties hereto have executed these presents the day and
the year first hereinabove written.
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THE FIRST SCHEDULE ABOVE REFERRED TO
ALL that the Unit Premises bearing No.7A admeasuring 7124.05sq.ft. of carpet
area on the seventh Floor of the building known as 360 Degree Business Park standing
on the piece or parcel of land on the Bombay Agra Road now known as LalBahadur
Shastri Marg, at Mulund (West), Mumbai – 400 080 in Greater Bombay in the Registration
District and Sub-District of Bombay City and Bombay Suburban bearing Survey No.272,
Hisa No.1 (part) and City Survey Nos. 640(B) and 641 (B), Mulund (West) and bearing
Municipal Ward No. T-2801 (1) 21 and which piece or parcel of land is bounded as
follows:- that is to say on or towards the North by the property bearing Survey No.
272(part) belonging to the M/s/ Hooghly Ink Co. (Bombay) Ltd. on or towards the South
by LalBahadur Shastri Marg, On or towards the East partly by the Electric Sub-station
and partly by property bearing Survey No. 272 (part) and belonging to M/s. Hooghly Ink
Co. (Bombay) Ltd. and on or towards the West by the property bearing Survey No.272
(part) belonging to New India Industries Ltd. (Agfa).
THE SECOND SCHEDULE ABOVE REFERRED TO

DETAILS OF LEASE RENT PAYMENT
PERIOD I – 1st April, 2016 to 31st March, 2019
(1) Mr. Vallabhaji S.Nagda Rs.4,95,150/-
(2) Mrs. Kalpana A Pasad Rs.4,95,150/-
==========
Total Rs.9,90,300/-
===========
PERIOD II– 1st April, 2019 to 31st March, 2022
==========
Total Rs.12,37,874/-
==========
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PERIOD III– 1st April, 2022 to 31st March, 2025
==========
Total Rs.15,47,343/-
SIGNED AND DELIVERED )

By the withinnamed“ LESSOR” )
(1) Mr. Vallabhaji S.Nagda )
(2) Mrs. Kalpana A Pasad )
In the presence of
1.
2.

By the withinnamed “LESSEES” )
The Official Seal of Western Zonal )
Office of LIFE GAIN )
CORPORATION OF INDIA through )
Shri Vivek Paul, Senior )
Manager hereunto affixed )
In the presence of
Mumbai – 400080
Mumbai -400078
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107
108
109
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PROMISSORY NOTE
MR. SHARAD S/o MAHADEV RAORANE, aged about 40 years,

Business, residing at Room No. 19, Samir Niwas, Near Jijamata School,
Bhandup (west), Mumbai – 400 078, in the District of Mumbai Sub-urban on
26th February 2020 have borrowed Rs. 30,000/- (Thirty thousand only) in
cash for any family and personal necessities from MR. SURESH S/o
TUKARAM SAWANT, residing at Room No. 20, Durgamata Niwas, Ganesh
Nagar, Bhandup (west), Mumbai – 400 078, in the District of Mumbai Sub-
urban agreed there upon to pay Principal with interest 14% p.a. from 17 th
March 2020.
On Demand either to him or by order
WITNESSES
1. Ms. Pooja Swapnil Jangle

5, Sagar Niwas, Mulund West, Mumbai – 400080
2.Mrs. Snehal Nilesh Chavan
44, Runwal Greens, Bhadup west, Mumbai -400078
Revenue Stamp
111
GENERAL POWER OF ATTORNEY
(WITHOUT CONSIDERATION)
TO ALL TO WHOM THESE PRESENTS SHALL COME, We, (1) MR.

SWAMINATHAN IYER, age 48 years & (2) MRS. PRIYA SWAMINATHAN, age
41 years, having address at Flat No. A/1201, 12 th Floor, Tridev Apartments, II
Bhakti Marg, Mulund (West), Mumbai 400080 and currently residing at 6, Warwick
Road, Edison, NJ- 08820, SEND GREETINGS:
WHEREAS, we are the co-owners in respect of Residential Premises

bearing Flat No. A/1201, admeasuring 1285 sq. ft. Carpet area or thereabouts,
located on the 12th Floor in the building known as Tridev Apartments II, situated
at Bhakti Marg, Mulund (West), Mumbai-400 080, (hereinafter for the sake of
brevity referred to as "the said Flat).
AND WHEREAS we also intend to purchase any Flat, Shop Premises, Land
or any other immovable Property (either as sole owner or jointly) at any places in
India (hereinafter for the sake of brevity referred to as "the said Proposed
Premises) (hereinafter for the sake of brevity the said Proposed Premises to be
acquired and the said Flat shall be collectively referred to as "the said Properties").
AND WHEREAS we are also holding various Bank Accounts and other
investments (hereinafter for the sake of brevity referred to as “the said
Investments”).
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AND WHEREAS We reside out of India and due to our preoccupation and
want of time, it will not be possible for us to manage affairs in respect of the said
Properties and Investments and therefore we desire to appoint some fit and proper
person of our faith as our true and lawful Attorney to do or cause to be done all the
matters, deeds and things pertaining to the said Properties and Investments.
NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that we (1)

MR. SWAMINATHAN IYER & (2) MRS. PRIYA SWAMINATHAN, jointly and/or
severally do hereby nominate, constitute and appoint MR. RAJAGOPAL
NARAYAN SHARMA, an Indian Inhabitant , age 53 years, having address at
1002, Alexandra Lodha Paradise, Majiwada, Thane (West), Thane-400601, to be
our true and lawful Attorney to do for us, in our name and on our behalf the acts,
deeds, matters and things hereinafter specifically mentioned which will be touching
only to the subject matter of the said Properties and said Investments, that is to
say —
1. In our name and on our behalf to sign, execute the Agreement in respect of
purchase of the said Proposed Premises with the Sellers/Builders/Developers. To
pay the consideration of the said Proposed Premises, to obtain receipts, to take
over possession of the said Proposed Premises from the
Sellers/Builders/Developers.
2. In our name and on our behalf to pay the stamp duty, registration charges
and monetary consideration as per Agreement in respect of the said Proposed
Premises and obtain receipts from the Sellers/Builders/Developers and other
appropriate authorities.
3. In our name and on our behalf to attend the office of the Sub-Registrar of
Assurances and to sign and execute the necessary writing or endorsements and
to lodge and present for registration and admit execution of deeds or documents
executed by us or by the said Attorney on our behalf and do the needful for
completing the registration formalities under the Registration Act, 1908 and
transfer of the said Proposed Premises in our favor.
4. In our name and on our behalf to fill, sign and execute Society membership
and transfer forms, declarations etc., as may be required by the said
Sellers/Builders/Developers or under Bye laws of the Society/Proposed Society
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and do all writings, for appropriately acquiring the membership rights and shares
of the Society formed or to be formed and registered by the said
Sellers/Builders/Developers, in respect of the said Proposed Premises.
5. To represent us before the said Sellers/Builders/Developers, Co-operative

Housing Society, Registrar of Societies, Municipal Corporation, Superintendent of
Stamps, Sub-Registrar of Assurances, Financial institutions, and all other
Competent Authorities in respect of the said Proposed Premises. To attend
meeting of the Society, to make statements and give evidence before any
Competent Authority in respect of the said Proposed Premises.
6. In our name and on our behalf to receive the documents from postal
authorities and to give acknowledgement and to do correspondence with postal
authorities.
7. In our name and on our behalf to enter upon, occupy and possess the said
Proposed Premises, safeguard the same from trespasser or misuse and to do all
such other acts, deeds, matters and things as may be necessary for the protection
of the said Properties.
8. To apply for and obtain loan / any credit facility from any Bank or Financial
Institution against mortgage / security of said Properties purchased or to be
purchased and to sign/execute the documents, agreements, paper work, forms
related to the said loan and/or against such other/additional security of immovable
property as may be required by the bank from time to time on our behalf and as or
Attorney may deem it fit and proper.
9. To deposit the title deeds in respect of the said Properties with the financing
bank for creation of charge and security or any other collateral for seeking said
loan.
10. In our name and on our behalf to settle the terms and conditions with the
proposed Licensee to let out the said Properties on leave & licence basis and to
sign and execute the Proposed Leave and License Agreement in respect of the
said Properties.
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11. In our name and on our behalf to appear and represent us before Sub-
Registrar of Assurances having jurisdiction over the said Properties and to sign
and execute and to lodge and present for registration and to admit execution of
deeds or documents executed by us or by the said Attorney on our behalf and
register the said Leave and License Agreement and necessary writing, affidavit,
endorsements in order to complete the legal formalities of registration under
Registration Act, 1908, in respect of the said Proposed Leave and License
Agreement.
12. In our name and on our behalf to appear and represent us before the
Proposed Licensee/s, Registrar of Societies, Developers, Municipal Authorities,
Superintendent of Stamps, Sub-Registrar of Assurances, Collector, Postal
authorities and all other Competent Authorities including Police etc., in respect of
the said Properties.
13. In our name and on our behalf to accept License fee/ compensation and
Security Deposit from the proposed Licensee/s and to issue receipts in conformity
with the said Proposed Leave and License Agreement.
14. In our name and on our behalf to comply with all obligations and to enjoy all
rights, created under the Proposed Leave and License Agreement.
15. On expiry of period of Proposed Leave and License Agreement, If desired,

to renew the previous Leave and License Agreement and to enter into new
Agreement with the Licensee and to that effect sign, execute and register
necessary legal documents.
16. If required, to cancel the previous Leave and License Agreement and to
enter into new Agreement with another Licensee and to that effect sign, execute
and register necessary legal documents.
17. In our name and on our behalf to obtain possession of the said Properties
either on expiry or on termination of Leave and License Agreement.
18. In our name and on our behalf to negotiate, sell, sign and execute the
Agreement for Sale or Sale Deed in respect of the said Properties in favor of
Prospective Purchaser/s.
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19. In our name and on our behalf, to attend the office of the Sub-Registrar of
Assurances and to lodge and present for registration and to admit execution of
deeds or documents executed by us or by the said Attorney on our behalf to sign
and execute the necessary writing or endorsements and do the needful for
completing the registration formalities under the Registration Act, 1908 in respect
of the sale of the said Properties.
20. In our name and on our behalf, to fill, sign and execute the necessary forms,
applications etc. for transferring the membership rights of the Society, in favour of
the Prospective Purchaser/s.
21. In our name and on our behalf to appear and represent us before the
Prospective Purchaser/s, Registrar of Societies, Developers, Municipal
Authorities, Superintendent of Stamps, Sub-Registrar of Assurances, Collector,
Financial institutions, Banks, Postal authorities and all other Competent Authorities
including Police etc., in respect of the said Properties.
22. In our name and on our behalf to complete adjudication process, if required.
In our name and on our behalf, to obtain original documents, Index II from
appropriate authorities in respect of the said Properties and to complete
registration formalities.
23. In our name and on our behalf, to execute and get registered Deed of
Declaration and/or Deed of Confirmation and/or Deed of Rectification and/or Deed
of Cancellation in respect of the said Agreement/s, if required. To attend the office
of the Sub-Registrar of Assurances and to sign and execute the necessary writing
or endorsements and do the needful for completing the registration formalities
under the Registration Act, 1908.
24. In our name and on our behalf to pay all taxes, rent, charges, dues,
expenses and all other payment & outgoing, whatsoever dues and payable or
which may become due and payable by us in any account in connection with the
said Properties.
25. To commence and prosecute any action, suit or other proceedings at law
against any person or Institute Body Corporate in respect of matter or things
116
touching to the subject matter in connection with the said Properties and to appear
and defend any action, suit or other proceedings commenced or to be commenced
against us, whereunto we shall be the party. To obtain succession certificate, letter
of administration etc. from court of law.
26. To pay Income Tax and any other taxes payable by us and for that purpose
to file Income Tax Returns and to appear on our behalf and represent us before
any and all concerned judicial or other official and to represent us in all matters
before any Income Tax Officer/s, Assistant Commissioner/s, Tax Consultants,
Chartered Accountant, as the said Attorney may deem fit in connection with our
assessment and for that purpose sign all such forms, applications, writings etc.,
and also to obtain necessary certificates from Income Tax Authorities and for such
purpose to appoint Advocate, Tax Consultant, Chartered Accountant and to give
Letter of Authority to them.
27. To purchase and sell in shares, mutual funds, debentures, etc. and deal with
said investment in our name and on our accounts. To pay premiums of insurance
policies. To represent us before insurance Companies in every respect and claim
bonus, compensation etc. if due, and to that effect sign and execute declarations,
undertakings etc.
28. To open new Bank Accounts, to operate our new as well as existing Bank
Accounts, Saving Accounts, Fixed Deposits, Demand Accounts, etc. as well as all
investments done by us or to be done in future, in every respect and to that effect
sign and execute applications, cheques, withdrawal slips, renewal forms and all
other relevant documents. To deposit cheques, withdraw money from the bank by
signing the cheque on our behalf.
29. To open, maintain & close the Bank Accounts and to operate the same by
signing cheques, obtaining Demand Draft, Pay Order, Hundis, Bills of Exchange
and other negotiable instruments and applications forms/ATM forms and all other
relevant documents.
30. To draw, endorse and sign any cheques, drafts, pay orders, dividend or
interest warrants or other investments payable to us and to sign in our name and
execute on our behalf all contracts.
117
31. To vote at the Meetings of any Company or otherwise to act as our Attorney
or proxy in respect of any stocks, shares or other investments now held or which
may hereafter be acquired by us in such Companies.
32. To invest in Fixed deposits and to receive in our name maturity amount of
Fixed Deposit, to renew Fixed Deposit Receipts, to pay Insurance Premium, to
claim insurance benefits and to that effect sign and execute all relevant
documents, forms, applications etc.
33. To apply for and buy on our behalf any stocks, shares, shares of public
and/or private joint stock companies, debentures, Govt. Promissory Notes, Bonds
and other securities and to sign and execute, transfer deeds, allotment letters and
other documents for the purpose arises.
34. To invest our funds in such a manner and at such rate of interest and upon
such securities as our Attorney, shall at his discretion think fit and from time to time
to alter and vary the said investments and in the meantime and pending such
investments as aforesaid, to deposit the said fund or any part thereof with any
Banker/s to whom our said Attorney shall think fit entrust the same.
35. To sign, execute all such drafts, deeds, affidavits, undertakings, returns,
letters, applications which may be necessary for renewal, discharge, encashment
or otherwise of our above mentioned Investments and to appear before Income
Tax or any other Authorities on our behalf.
36. In our name and on our behalf to accept service of any writ, summons or
other legal process and to appear for us and represent ourselves in all Courts,
whether Civil or Criminal, Original and /or Appellate, Insolvency, Revenue, City
Survey or any other in connection with the said Properties.
37. To file Vakalatnama and appoint Advocate, Solicitor to plead any cause in
any Court or before any Authority constituted under any act or statute. To
discharge the Advocate once appointed and to appoint any other in place of
discharged one.
118
38. To exercise all other rights and privileges and perform of all other duties
which may appertain to us as the owner/Prospective owner in respect of the said
Properties.
GENERALLY to act as our Attorney in relation to the matters aforesaid and

all other matters in respect of the said Properties, in which we may be concerned
and to do all acts, deed, matters and things touching to the subject matter of the
said Properties, which we can do ourselves, if personally present.
AND WE HEREBY AGREE that all acts, deeds, matters and things lawfully
done by our said Attorney shall be construed as acts, deeds, matters and things
done by us and we undertake to ratify and confirm all and whatever our said
Attorney shall lawfully do or cause to be done for us by virtue of Power of Attorney
hereby given.
AND WHEREAS it is hereby agreed and confirmed that any amount paid /
received on our behalf for any of the above referred matter will be debited / credited
from our bank account only.
AND THAT this Power of Attorney is executed without any monetary

consideration and just for the sake of our convenience.
-SCHEDULE ABOVE REFERRED TO-
THE RESIDENTIAL PREMISES bearing Flat No. A/1201, admeasuring

1285 Sq. Ft. Carpet area or thereabouts, located on the 12th floor, of the building
known as Tridev Apartment II, situated at Bhakti Marg, Mulund (West), Mumbai
– 400 080 and constructed on the Plot of Land bearing CTS No. 880 C (pt), 880C/1
to 8 (pt) of Village Mulund (West), Taluka Kurla, District Mumbai Sub-urban.
IN WITNESS WHEREOF WE hereto have hereunto set and subscribed our

signature at ______________ on this ____ day of _________ 2020.
119
by the within named
(1) MR. SWAMINATHAN IYER, x
(2) MRS. PRIYA SWAMINATHAN, x
IDENTIFIED BY ME
BEFORE ME
I HEREBY ACCEPT
MR. RAJAGOPAL NARAYAN SHARMA
120
MEMORANDUM OF UNDERSTANDING / AGREEMENT
1. This Memorandum of Undertaking is made on this 17th March, 2020 the

between National Institute of Agricultural Extension Management
(MANAGE) herein refer to as MANAGE having its office at Rajendranagar,
Hyderabad – 500 030 which expression shall include authorized
representative of first part training centre, viz..having its Office at 3rd Floor,
Sham Baugh Lane, Mulun East, Mumbai – 400 081 (hereinafter referred to
as Training Centre represented by its authorized representative) of the
second part, for the state of Maharashtra
2. The Programme for which this MoU is signed is to be known as “Network of

Agri-clinics and Agri-business Centres by Agriculture Graduates Scheme” of
the Government of India.
3. Whereas the Training Centre is desirous of undertaking a joint project for

the training and handholding component of the said Scheme with MANAGE,
the two parties to this Memorandum of Understanding, with the intention of
both being legally bound, accept the following terms and conditions:
4. Coordination and Contact Points

a. MANAGE for coordination on broad policy issues and matters related to
centralized operations.
b. Training Centre for all operational matters which includes training,

handholding component as per MANAGE guidelines.
5. Responsibilities of the Training Centre

The Training Centre shall;
a) organize training and handholding activities under the Agri-Clinics and

Agri-Business Centres Scheme as per the MANAGE guidelines.
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b) Ascertain for itself the financial viability of the project and shall fund all
cost over runs, if any;
c) Not make any financial commitment on behalf of MANAGE, nor shall take
loans or create any other financial liability binding MANAGE under this
agreement;
d) Have all employees relating to this project on its payroll, or shall invite
outside Guest Speakers/faculty on its own, and MANAGE shall have no
legal, financial or any other responsibility towards them;
e) Follow the course outline supplied by MANAGE, as may be amended

from time to time;
f) Conduct no such parallel activity which may be prejudicial to the interests

of the said Scheme, or MANAGE;
g) Maintain records of the trainees and their regular attendance, and share
them with MANAGE;
h) Provide the following minimum infrastructural facilities:

i. Computers with necessary software
ii. Printers and photocopiers, as required
iii. TV/VCR/ACR
iv. Rooms for conduct of counseling
v. Necessary furniture.
i) Provide assistance for conduct of study visits, field visits, etc.;
j) Not realize any fee from the trainees in any form whatsoever;
k) Incur expenditure on all operations/services as per the financial

guidelines of MANAGE.
l) Provide free of cost handholding facilities, counseling and guidance to

the trainees for 1 year after the training.
m) Register candidates for organizing training programmes
b) Responsibilities of MANAGE:
The MANAGE shall:
a. Develop and provide broad course outline to the Training Centre.
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b. Provide list of trainees allotted to each Training Centre or be
entitled to ask training institute to generate applicantions.
c. Provide norms and guidelines wherever necessary;
d. Provide lump-sum grant to the Training Centres on per trainee

basis at the rates fixed by Scheme guidelines.
e. Be responsible for the logistics and operational aspects of the

training component of the said Scheme;
f. Provide timely clarifications regarding Academic Inputs and any

other necessary information to the Training Centre;
g. Shall ensure through proper co-ordination and consultation that all

the Training Centres provide quality training under the said
Scheme;
h. Shall ensure that all amounts released under the said Scheme to
them by GOI, shall be disbursed to the Training Centres timely,
and keep a track of the number of trainees attending the
programmes at each Training Centre.
c) Force Majeure
In the event of non-fulfillment of the contract terms and conditions due to
any reason of force majeure namely fires, wars, riots, strikes, natural
calamities, etc., neither the Training Centre nor MANAGE shall be held
responsible for any loss or consequential loss.
d) Indemnity
The Training Centre hereby agrees jointly and severally to indemnify
MANAGE, their representatives, administrators and properties from and
against all action, demands, proceedings, prosecutions, attachments, and
the like arising out of its liabilities and all charges, taxes, etc. Similarly,
MANAGE shall be liable to indemnify/compensate the Training Centre on
account of any losses arising due to the fault of MANAGE.
e) Liabilities
MANAGE shall not, however, be liable for:
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a. any payments of claims by employees of the Training Centre
b. discharging any financial commitments made by Training Centre.
c. Any suit on account of demands for infringement of copyright and

other laws by the Training Centre which have no nexus with the
object of the MoU being entered into.
f) The Training Centre shall ensure that all its software is legal. MANAGE
shall not be responsible in any way for any liabilities arising out of use of
pirated software.
g) Breach of Agreement
MANAGE shall have the right to terminate the agreement with the Training
Centre, in case the Training Centre either fails to provide the services
successfully as mentioned in the agreement, or violates any of the clause
mentioned in the MOU, or exploits the students or misuses the partnership
with MANAGE in any way.
h) Amendment to the Agreement

The obligation of the Training Centre and MANAGE have been outlined in
this agreement. However, during the operation of the agreement,
circumstances may arise which call for alteration or modifications of this
Agreement. These modifications/alterations will be mutually discussed
and agreed upon in writing.
Period of Validity
This agreement shall be initially valid for one year from the date of signing
the agreement and to be renewed subsequently by mutual consent of both
the parties.
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Arbitration
Any dispute arising with regard to any aspect of this Agreement shall be
settled through mutual consultations and agreements by the parties to the
Agreement.
For the Training Centre For MANAGE
______________________ _________________
( ) Director General, MANAGE
125
PARTNERSHIP DEED
THIS DEED OF PARTNERSHIP IS MADE on this 12 th day of January, 2020 by

and between
Mr. Ashish S/o Shivaji Agarwal, residing at 505, Dattatray Annex, L T Road, Opp.
Railway Station, Mulund East, Mumbai 400 081, hereinafter referred to as Party
of the FIRST PART (which expression shall deem and include his heirs, executors,
administrators, representatives, assigns and agents),
AND
Ms. Priyanka D/o Gaurav Nagra, residing at 504, Dattatray Annex, L T Road, Opp.
Railway Station, Mulund East, Mumbai 400 081, Party of the SECOND PART
(which expression shall deem and include his heirs, executors, administrators,
representatives, assigns),
126
WHEREAS the above named partners have decided to start the partnership
business of Recruitment Services in the name and style of M/s. Sunshine India
Pvt. Ltd. with effect from on the terms and conditions hereinafter mentioned and
have desired to 30th April 2018 reduce the terms and conditions into writing.
NOW THIS INDENTURE IS WITNESSETH AS FOLLOWS :
1. THAT the PARTIES referred above shall carry on the business of

Recruitment Services in the PARTNERSHIP FIRM under the name and style of
M/s. Sunshine India Pvt. Ltd. hereinafter referred to as the FIRM) Mr. Ashish S/o
Shivaji Agarwal, But by their mutual consent may start and carry on any other
business or businesses under any other name or names at any other place or
places.
2. THAT the business of the PARTNERSHIP pursuant to this DEED of

PARTNERSHIP shall be deemed to have commenced with effect from 30th April
2018.
3. That the capital required for the business of Partnership shall be contributed
time to time by the PARTIES in such manner in all respect as may be agreed to
between them and such capital may be paid interest as may be mutually agreed
from time to time at the rate of rates not exceeding 12% (Twelve Percent) per
annum.
4. That all the PARTIES referred above shall be Working Partners and shall
attend diligently to the business of the Partnership and carry on the same for the
greatest advantage of the Firm.
5. That all the WORKING PARTNERS may be paid Salary w.e.f. 1 st June 2018,
for the work of the FIRM as may be agreed mutually from time to time between the
PARTIES in accordance with the provisions of the Income Tax Laws as well as
business necessities and other factors, subject however, that the monthly Salary
to each such Partner shall not exceed as under:
NAME OF WORKING PARTNER MAXIMUM BASIC SALARY NOT TO EXCEED
Mr. Ashish S/o Shivaji Agarwal Rs. 30,000/- per month
Ms. Priyanka D/o Gaurav Nagra Rs. 30,000/- per month
127
6. That all business expenses shall be borne by the FIRM.
7. That the Profits or Losses, as the case may be, of the Partnership business
shall be divided among the Partners as under :
NAME OF WORKING PARTNER SHARE OF PROFIT SHARE OF LOSS
Mr. Ashish S/o Shivaji Agarwal 50% 50%
Ms. Priyanka D/o Gaurav Nagra 50% 50%
8. That the duration of the PARTNERSHIP shall be at WILL subject to Clause ‘9’.
9. That any Partner may retire from Partnership after giving a notice to the other
Partner (s) of not less than one month in writing and at the expiry of such notice
period he shall be deemed to have retired.
10. Upon mutual understanding, each Partner or his duly authorised agent shall
have free access to the account books of the Partnership and shall be entitled to
take copies or extracts from any or all such books and records of the Partnership
Business.
11. That no Partner shall have the right to sell, mortgage or transfer his share of
interest in the FIRM to any one else except to his heir or heirs or any one of the
existing Partners or to their heir (s). In the event of heir (s) selling his/her share to
any one else, the existing Partners shall have a right or pre-emotion in respect of
such share (s) sold.
12. That the Partners shall keep or cause to be kept the books of account of the
FIRM at the principal places of its business and make all entries therein, and that
all such books of account kept shall be closed on 31st March every year or in the
case of any necessity on any other date as the Partners may mutually decide.
13. That no Partner shall do any act or thing whereby FIRM or the FIRM property
may be prejudicially effected.
14. That the terms of the Partnership Deed may be altered, added to or
cancelled by the written consent of the Parties to this DEED.
128
15 That the partners can open the bank account of the firm, in any bank and
bank account shall be operated by the partners jointly or individually, as the case
may be.
16. That the partners shall not take any loan from any person/Financing
Company, bank or any other Govt./Pvt. Department in any case, without the written
consent of each other.
17. That in the case of any dispute arising out of this DEED between the Parties
of this DEED, it shall be decided by Arbitration as provided for under the Indian
Arbitration Act.
IN WITNESS WHEREOF the Parties hereto have set and subscribed their
respective hands to these presents the day, month and year first written above.
1. Mr. Ashish S/o Shivaji Agarwal
WITNESS :
Name: Ms. Pooja Swapnil Jangle
Mumbai – 400080
Signature
2. Ms. Priyanka D/o Gaurav Nagra
Name: Mrs. Snehal Nilesh Chavan
Mumbai -400078
Signature
129
WILL
Facts
Draft a will of an Indian Christian widow, who wants to bequeath her immerable
property to a charitable Hospital.
WILL made on 20th October 2013 by Somasundaram, S/o. Bhoje Gouda aged 80
years, residing at D.No. 24/42 at K.R. Layout, J.P. Nagar, Karnataka (herein after called
the Testator) which expression where the context so admits shall mean and include
the his heirs executors and administrators of the one part to and in favour of the
„Subash Rao‟ Educational and Charitable property or society K.R. Layout, J.P. Nagar,
Karnataka, a society registered under the societies Registration Act (herein after called
the „Legate‟) of the other part.
I appoint (1) my wife Rupa (2) my brother Mohan Raj (3) My Cousin Vetrivel to be
executors and trustees of this my will for „brevity‟s sake I am referring to them here
in as “My Trustees”.
I declare that, shares, securities, Bank account fixed deposits, and other menies
which shall stand at the date of my death in the joint names of myself and my wife
Rupa, my name standing first in respect there of belong to me absolutely and shall
form part of my estates on my death, the name of my wife Rupa having been added
there to for the sake of facility only. However all shares, securities, Bank accounts
fixed deposits and other moneys which shall stand at the date of my wife‟s name
standing first in respect there of are and shall be her own property any my estate shall
have no interest therein, my name having, been added there to only for the sake of
convenience.
I direct my trustees to spend a sum not exceeding Rs. 4000/- for my funeral
and obsequial ceremonies. No account shall be demanded from any trustees in
respect to such expresses made by them.
I direct my trustees to recover all my assets and outstanding to pay out of my

estate all my debts.
Testamentary and other expenses payable in respect of my death.
130
I gave devise and bequeath all my property, both movable as well as
immovable of what so ever nature and kind and where so ever situate (here in after
called my residuary estate) into my wife Rupa absolutely.
In case of my wife shall pre-decease me or shall dies simultaneously with me or

within a period of 6 months from the date of my death the and in such case, not-
withstanding anything contained in the post preceding clause of this my will, no part
residuary estate shall rest in or otherwise belong to my Rupa and shall have no interest
in such property or the income thereof nor be entitled to the beneficial interest thereof
and in such case my residing estate shall go and belong as from the date of my death
to my children (1) Lakshmi (2) Chandrasekhar Gouda as tenants in common in equal shares
absolutely
IN WITNESSES WHERE OF
I said Somasundaram have here into set and subscribed my hand at
Karnataka this 20.10.2013.
WITNESSES
1. Vikram
2. Rajkumar
3. Hariharan
131
SERVICE AGREEMENT
THIS AGREEMENT OF SERVICE TENANCY is made at Mumbai on this 27

day of February 2020 BETWEEN M/S. ABC,
a registered partnership firm, having address at Navpada, Durgam Baug, Buidling
No. 123, Flat no. 23, Mulund - West, hereinafter referred to as “THE
EMPLOYERS” (Which expression shall unless it be repugnant to the context or
meaning thereof mean and include the partners or partner for the time being of the
said firm, the survivors or survivor of them and the heirs, executors and
administrators of the last surviving partner and their/his/her assigns) of the ONE
PART; AND X Y Z Indian Inhabitant, residing at Navy Nagar, Turbhe Wadi,
Building No. 334, Flat No. 334, Mulund - East, hereinafter referred to as “THE
EMPLOYEE” (Which expression shall unless it be repugnant to the context or
meaning thereof mean and include his heirs, legal representatives, executors and
administrators) OF THE OTHER PART;
WHEREAS:
(a) The Employers are the owners of Flat

No. 123 on the 3rd floor of the building known as “Sahyadri Co-
operative Housing Society Limited” admeasuring 700 sq.ft. of carpet
area situated at Mulund - West (hereinafter referred to as “the said
flat”). The said flat is more particularly described in the
SCHEDULEhereunderwritten;
(b) The Employee is an employee of the Employers and has approached

the Employers with a request to allow the Employee to temporarily
occupy and reside in the said Flat during the period of his
service/employment with the Employers to which request the
Employers have agreed upon the terms and conditions recorded
herein.
NOW IT IS AGREED, DECLARED AND CONFIRMED BY AND BETWEEN

PARTIES HERETO AS UNDER:-
1. The Employers permit the Employee to temporarily occupy and reside in the
said Flat on temporary tenancy basis for and during the period of his
service/employment with the Employers, with effect from 12 day of January 2017
132
at the monthly rent of Rs. 20000/- (Rupees Twenty Thousand only) which is
exclusive of all rates, taxes, charges etc. payable to the concerned local authorities
and proportionate common maintenance of lift, common passages, security,
electricity charges and water charges and which shall be separately paid by the
Employee to the Employers.
2. The Employee shall pay the said monthly rent in advance to the Employers on
or before the 10th day of each and every month. The other amounts referred to in
clause 1 above shall be paid by the Employee to the Employers within 7 days from
the date of the demand of the same by the Employers. The Employers shall be
unconditionally entitled to deduct the rent and other amounts payable by the
Employee to the Employers as recorded directly out of the salary or remuneration
payable by the Employers to the Employee and the Employee hereby
unconditionally and irrevocably authorizes the Employers to deduct the aforesaid
amounts out of his salary and/or remuneration.
3. The Employee shall use the said flat only for residential purposes for himself
and his family members. The Employee shall not let or sub-let the said residential
flat and shall not create any kind of third party rights in respect of the same
including in the form of licence, lease, paying guest etc. The Employee shall
always keep the said flat free from all encumbrances of whatsoever nature and
shall use the flat for his personal residential purposes only as aforestated and shall
not be entitled to part with possession of the same to any third party.
4. The Employee shall always maintain the said flat in good and tenantable
condition but shall not carry out any kind of structural changes (including shifting
of walls, demolition of existing walls, construction of walls/partitions, changing the
position of windows/doors, changing of flooring etc.) in the said flat without
obtaining specific written permission from the Employers and thereafter the
requisite permissions from the local authorities, if required and the same shall be
carried out by the Employee at his own cost.
5. It is specifically agreed and recorded that if the Employee ceases to be in the

service or employment of the Employers either by retirement, death, resignation,
insolvency, termination of service by efflux of time, expulsion or otherwise or for
133
any other reason in that event the Employee or any other person/s residing with
him or claiming under him shall vacate the said flat and handover vacant and
peaceful possession of the said flat to the Employers within thirty (30) days from
the date on which the Employee ceases to be in the service or employment of the
Employer as aforestated.
6. All out of pocket expenses, stamp duty and registration charges in respect of
this instrument shall be paid by the Employee. The payment of stamp duty and
registration of this instrument is the condition precedent to the creation and grant
of tenancy of the said flat.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands to this agreement on the day and the year first hereinabove
written.
THE SCHEDULE ABOVE REFERRED TO:
(“the said Flat”)
(Give detailed description of the Flat)
by the withinnamed “The Employers” )
M/S. ABC by the hands of its partner )
Mr. _________________________ )
in the presence of.... )
1.
2.
By the withinnamed “The Employee” )
XYZ in the presence of..... )
1.
2.
134
MEMORANDUM OF ASSOCIATION
OF
ABC PRIVATE LIMITED
I. The Name of the Company is:-ABC PRIVATE LIMITED.
II. The Registered Office of the Company will be situated in the National Capital
Territory of Delhi.
III. (A) THE OBJECTS TO BE PURSUED BY THE COMPANY ON ITS

INCORPORATION ARE:—
1. To carry on the business of running an online shopping portal for art

and crafts item.
To organise art exhibitions and sell sculptures, paintings, artifacts and

related items through e-commerce or otherwise in India and abroad.
2. To carry on in India and abroad the business of marketing of works of

art and craft, sculptures, paintings and other products related to art and
craft including handicrafts, artifacts and similar items. To own, create
and manage online shopping e-commerce websites, portals, mobile
applications and to create a virtual shopping mall with online catalogue
and to provide a convenient shopping experience to its customers.
3. To develop, own, manage and run art galleries for exhibition of art and
deal in sculptures, paintings, art products, artifacts, sculpture,
decorative arts, furniture, textiles, costume, drawings, pastels,
watercolors, collages, prints, artist books, photographs, installation art
and similar articles.
4. To organise, aid, counsel, assist and promote all types of fairs,

exhibitions including sculpture exhibitions, painting exhibitions,
performance arts, musical shows, poetry recital, trade exhibitions,
135
events, celebrity shows, charitable shows, fund raising events, rural
shows, premiers, laser shows and all other connected promotional
activities in India and abroad.
(B) MATTERS WHICH ARE NECESSARY FOR FURTHERANCE OF THE

OBJECTS SPECIFIED IN CLAUSE III(A) ARE:—
1. To buy all kinds of plant, equipment, machinery, apparatus, tools, utensils,

commodities, substances, articles and things necessary or useful for
carrying on the objects of the Company.
2. To enter into agreement with any company or persons for obtaining by

grant of licence or on such other terms of all types, formulae and such
other rights and benefits, technical information, know-how and expert
guidance and equipment and machinery and things mentioned herein
above and to arrange facilities for training of technical personnel by them.
3. To establish, provide, maintain and conduct or otherwise, subsidise

research laboratories and experimental workshops for scientific and
technical research and experiments and to undertake and carry on with all
scientific and technical research, experiments and tests of all kinds and to
promote studies and research both scientific and technical investigation
and invention by providing, subsidising, endowing or assisting laboratories,
workshops, libraries, lectures, meetings and conferences and by providing
the remuneration to scientific and technical professors and teachers and
to award, scholarships, prizes, grants and bursaries to students and to
encourage, promote and reward studies, researches, investigations,
experiments, tests and inventions of any kind that may be considered likely
to assist the objects of the Company.
4. To acquire by concession, grant, purchase, licence or otherwise either
absolutely or conditionally and either alone or jointly with others land,
buildings, machinery, plants, utensils, works, conveniences and such other
movable and immovable properties of any description and any patents,
trademarks, concessions, privileges, brevets, d’invention, licences,
protections and concessions conferring any exclusive or limited rights to
136
any inventions, information which may seem necessary for any of the
objects of the Company and to construct, maintain and alter any building
or work, necessary or convenient for the business of the Company and to
pay for such land, buildings, works, property or rights or any such other
property and rightspurchased or acquired by or for the Company by
shares, debentures, debenture stock, bonds or such other securities of the
Company or otherwise and manage, develop or otherwise dispose of in
such manner and for such consideration as may be deemed proper or
expedient to attain the main objects of the Company.
5. Subject to the provisions of the Companies Act, 2013 to amalgamate with

any other Company having objects altogether or in part similar to those of
this Company.
6. To enter into any arrangement with any Government or Authorities

Municipal, local or otherwise or any person or company in India or abroad,
that may seem conducive to the objects of the company or any of them
and to obtain from any such Government, Authority persons or company
any rights, privileges, charters, contracts, licences and concessions
including in particular rights in respect of waterways, roads and highways,
which the Company may carry out, exercise and comply therewith.
7. To apply for and obtain any order of Central/State or such other Authority
for enabling the Company to carry on any of its objects into effect or for
effecting any modifications of the Company’s constitution or any other such
purpose, which may seem expedient and to make representations against
any proceedings or applications which may seem calculated directly or
indirectly to prejudice the company’s interests.
8. To enter into partnership or into any arrangement for sharing profits, union
of interests, co-operation, joint-venture, reciprocal concessions or
otherwise with any person, or company carrying on or engaged in any
business or transaction which this Company is authorised to carry on.
9. To purchase or otherwise acquire and undertake the whole or any part of

the business, property, rights and liabilities of any company, firms or
person carrying on business which this Company is authorised to carry on
137
or is possessed of rights suitable for the objects of this Company.
10. To do all or any of the above things as principals, agents, contractors,

trustees or otherwise and by or through trustees, agents or otherwise and
either alone or in conjunction with others and to do all such other things as
are incidental or as may be conducive to the attainment of the objects or
any of them.
11. To remunerate any person or company, for services rendered or to be

rendered in or about the formation or promotion of the Company or the
conduct of its business, subject to the provisions of the Companies Act,
2013.
12. To create any depreciation fund, reserve fund, sinking fund, provident
fund, super-annuation fund or any other such special fund, whether for
depreciations, repairing, improving, extending or maintaining any of the
properties and assets of the Company or for redemption of debentures or
redeemable preference shares, worker’s welfare or for any other such
purpose conducive to the interest of the Company.
13. The company would obtain approval of the concerned authorities to carry
on the objects of the company and the matters which are necessary for
furtherance of the objects of the Company as given in this memorandum
of association wherever required.
IV. The liability of the member(s) is limited and this liability is limited to the amount
unpaid, if any, on the shares held by them.
V.The Authorised Share Capital of the company is Rs. 1,00,000/- (Rupees One
Lakh) divided into 10,000 (Ten Thousand) Equity Shares of Rs. 10/- (Rupees
Ten) each.
138
ARTICLES OF ASSOCIATION OF A COMPANY LIMITED BY SHARES
Interpretation
I. (1) In these regulations—
(a) “the Act” means the Companies Act, 2013,
(b) “the seal” means the common seal of the company.
(2) Unless the context otherwise requires, words or expressions

contained in these regulations shall bear the
same meaning as in the Act or any statutory modification thereof in force at the
date at which these regulations become binding on the company.
Share capital and variation of rights
II. 1. Subject to the provisions of the Act and these Articles, the shares in the capital
of the company shall be under the control of the Directors who may issue,
allot or otherwise dispose of the same or any of them to such persons, in such
proportion and on such terms and conditions and either at a premium or at par
and at such time as they may from time to time think fit.
2. (i) Every person whose name is entered as a member in the register of members
shall be entitled to receive within two months after incorporation, in case of
subscribers to the memorandum or after allotment or within one month after
the application for the registration of transfer or transmission or within such
other period as the conditions of issue shall be provided,—
(a) one certificate for all his shares without payment of any charges; or
(b) several certificates, each for one or more of his shares, upon payment of twenty
rupees for each certificate after the first.
3. (i) If any share certificate be worn out, defaced, mutilated or torn or if there be
no further space on the back for endorsement of transfer, then upon production
and surrender thereof to the company, a new certificate may be issued in lieu
thereof, and if any certificate is lost or destroyed then upon proof thereof to the
satisfaction of the company and on execution of such indemnity as the
company deem adequate, a new certificate in lieu thereof shall be given. Every
certificate under this Article shall be issued on payment of twenty rupees for
139
each certificate.
(ii) The provisions of Articles (2) and (3) shall mutatis mutandis apply to
debentures of the company.
4. Except as required by law, no person shall be recognised by the company as

holding any share upon any trust, and the company shall not be bound by, or
be compelled in any way to recognise (even when having notice thereof) any
equitable, contingent, future or partial interest in any share, or any interest in
any fractional part of a share, or (except only as by these regulations or by
law otherwise provided) any other rights in respect of any share except an
absolute right to the entirety thereof in the registered holder.
5 (i) The company may exercise the powers of paying commissions conferred by
sub-section (6) of section 40, provided that the rate per cent. or the amount of
the commission paid or agreed to be paid shall be disclosed in the manner
required by that section and rule made thereunder.
(ii) The rate or amount of the commission shall not exceed the rate or amount
prescribed in rules made under sub-section (6) of section 40.
6. If at any time the share capital is divided into different classes of shares, the
rights attached to any class (unless otherwise provided by the terms of issue
of the shares of that class) may, subject to the provisions of section 48, and
whether or not the company is being wound up, be varied with the consent in
writing of the holders of three-fourths of the issued shares of that class, or with
the sanction of a special resolution passed at a separate meeting of the holders
of the shares of that class.
7. The rights conferred upon the holders of the shares of any class issued with
preferred or other rights shall not, unless otherwise expressly provided by the
terms of issue of the shares of that class, be deemed to be varied by the
creation or issue of further share ranking paripassu therewith
.
8. Subject to the provisions of section 55, any preference shares may, with the
sanction of an ordinary resolution, be issued on the terms that they are to be
redeemed on such terms and in such manner as the company before the issue
140
of the shares may, by special resolution, determine.
Lien
9 . (i) The company shall have a first and paramount lien—
on every share (not being a fully paid share), for all monies (whether presently
payable or not) called, or payable at a fixed time, in respect of that share; and
10. The company may sell, in such manner as the Board thinks fit, any shares on
which the company has a lien:
Provided that no sale shall be made—
unless a sum in respect of which the lien exists is presently payable; or
11. To give effect to any such sale, the Board may authorise some person to
transfer the shares sold to the purchaser thereof
12. The proceeds of the sale shall be received by the company and applied in
payment of such part of the amount in respect of which the lien exists as is
presently payable.
Calls on shares
13. (i) The Board may, from time to time, make calls upon the members in respect
of any monies unpaid on their shares (whether on account of the nominal value
of the shares or by way of premium) and not by the conditions of allotment
thereof made payable at fixed times:
14. A call shall be deemed to have been made at the time when the resolution of
the Board authorising the call was passed and may be required to be paid by
instalments.
15. The joint holders of a share shall be jointly and severally liable to pay all calls
in respect thereof.
16. (i) If a sum called in respect of a share is not paid before or on the day
appointed for payment thereof, the person from whom the sum is due shall pay
141
interest thereon from the day appointed for payment thereof to the time of
actual payment at ten per cent. per annum or at such lower rate, if any, as the
Board may determine.
(ii) The Board shall be at liberty to waive payment of any such interest wholly or
in part.
17. Any sum which by the terms of issue of a share becomes payable on allotment
or at any fixed date, whether on account of the nominal value of the share or
by way of premium, shall, for the purposes of these regulations, be deemed to
be a call duly made and payable on the date on which by the terms of issue
such sum becomes payable.
18. The Board—
(a) may, if it thinks fit, receive from any member willing to advance the same,
all or any part of the monies uncalled and unpaid upon any shares held by him;
and
(b) upon all or any of the monies so advanced, may (until the same would, but
for such advance, become presently payable) pay interest at such rate not
exceeding, unless the company in general meeting shall otherwise direct,
twelve per cent. per annum, as may be agreed upon between the Board and
the member paying the sum in advance.
Transfer of shares
19. The instrument of transfer of any share in the company shall be executed by
or on behalf of both the transferor and transferee.
20. The Board may, subject to the right of appeal conferred by section 58 decline
to register—
the transfer of a share, not being a fully paid share, to a person of whom they
do not approve; or
21. The Board may decline to recognise any instrument of transfer unless—
142
(a) the instrument of transfer is in the form as prescribed in rules made under
sub-section (1) of section 56;
(b) the instrument of transfer is accompanied by the certificate of the shares to
which it relates, and such other evidence as the Board may reasonably require
to show the right of the transferor to make the transfer; and
(c) the instrument of transfer is in respect of only one class of shares.
22. On giving not less than seven days’ previous notice in accordance with section
91 and rules made thereunder, the registration of transfers may be suspended
at such times and for such periods as the Board may from time to time
determine:
Transmission of shares
23. (i) On the death of a member, the survivor or survivors where the member was
a joint holder, and his nominee or nominees or legal representatives where he
was a shareholder, shall be the only persons recognized by the company as
having any title to his interest in the shares.
24. Any person becoming entitled to a share in consequence of the death or

insolvency of a member may, upon such evidence being produced as may
from time to time properly be required by the Board and subject as hereinafter
provided, elect, either—
(a) to be registered himself as holder of the share; or
(b) to make such transfer of the share as the deceased or insolvent member
could have made.
25. (i) If the person so becoming entitled shall elect to be registered as holder of
the share himself, he shall deliver or send to the company a notice in writing
signed by him stating that he so elects.
(ii) If the person aforesaid shall elect to transfer the share, he shall testify his
election by executing a transfer of the share.
Note: The Articles shall be signed by each subscriber of the memorandum of
143
association who shall add his address, description and occupation, if any, in
the presence of at least one witness who shall attest the signature and shall
likewise add his address, description and occupation, if any, and such
signatures shall be in form specified below:
----------------------------------------------------------------------------------------------------
Names, addresses, descriptions Witnesses (along with names,
addresses,
and occupations of subscribers descriptions and occupations)
----------------------------------------------------------------------------------------------------
A.B. of………….Merchant Signed before me
Signature…………….
C.D. of………….Merchant Signed before me
E.F. of………….Merchant Signed before me
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
Dated the……..day of ……20……
Place: ................................
144
LEGAL NOTICE
ADV. XYZB.L.S.,LL.B.
Off Add.:
………..………………………………………………………………………………….
Mobile No. ………. E-mail ID:………….
Ref. No.: outword/007-2013 Date: __________
To,
The Chairman/Secretary,
Shree Sai Dham Co-op. Hsg. Soc. Ltd.
Tilak Road, Zulelal Chowk,
Garodia Nagar, Ghatkopar (E),
Mumbai-400 077
Subject: Transfer of share certificate in my client name

i.e. Mrs. Jayshree MahabalShettigar.
Respected Sir,
Under the instructions of my client, Mrs. Jayshree MahabalShettigar

Residing at-Flat No. 314, 3 rd floor, Ghatkopar Janta Buddha Nagar, Shree Sai
Dham Co-op Hsg Soc. Ltd., Garodia Nagar, Ghatkopar (E), Mumbai 400 077, I
have to address you as under……
1. My client states that, she had purchased the said room from Mr. Prakash
DassapaShettigar in the year 2011. Mr. Prakash D. Shettigar has given legal
vacant peaceful possession to my client; also he relinquished all his rights
and liabilities against the said room premises.
2. My client states that, Mr. Prakash D. Shettigar had given his no objection to
transfer the said room premises in my client name; also he gave his no
objection to transfer electricity bill, Society Maintenance charges and other
allied bills in her name from the concerned authorities.
3. My client states that, from the year 2011 she is residing in the said room
premises till date alongwith her family. Many times my client approached to
145
you and requested to transfer share certificate in her name; but no one had
entertained her to transfer the said room premises in her name.
4. My client states that, she is having all the relevant documents which were
transferred on her name except i.e. Electricity bill, Ration card, Pan card,
Adhar card etc.
Under the above said circumstances, you are requested to transfer

my client as a member of society and transfer the share certificate on my
client name within fifteen days of the receipt of this notice. If you failing to do
so which I shall constrain appropriate stern legal action against you in
appropriate Hon’ble court; which entirely at your cost, risk, consequences
which kindly may be noted.
Client Advocate
146

Roll No. 16-Gaurav Jayesh Nagra - TYLLB - Drafting, Pleading and Conveyancing (DPC)

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Roll No. 16-Gaurav Jayesh Nagra - TYLLB - Drafting, Pleading and Conveyancing (DPC)

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Om Vidyalankar Shikshan Sansthas

Asmita College of Law, Vikhroli, Mumbai

Draft Submission of Practical Training III

Submitted to: Prof. Keshao Tiwari And Komal Bhandari

Submitted by: Mr. GAURAV JAYESH NAGRA

Class: T.Y.LLB (3rd Year LLB)

Date of Submission: 21/03/2020

9 Petition under 226 (Civil) 44

10 Petition under 32 (Civil) 47

Memorandum of Appeal and

28 Memorandum of Association 136

29 Article of Association 140

30 Legal Notices 146

Easy Spin Private Limited, a Proprietary Firm )

1. Awesome Coffee Private Limited (a partnership firm), )

THE PLAINTIFF ABOVENAMED STATE AS UNDER:

1. The Plaintiff states that relying upon the Defendants aforsesaid

Sr. Date of RTGS Amount transferred Mode of

1 19/07/2019 5,00,000/- RTGS

2 17/01/2020 11,50,000/- RTGS

3 22/02/2020 3,00,000/- RTGS

3. The Plaintiff submit that as per all Defendants aforesaid representations

For. Easy Spin Private Limited

Mr. Janab Nawab Hussain

Solemnly affirmed at Mumbai )

Constituted Attorney of plaintiff

IN THE HON’BLE CITY CIVIL COURT

Easy Spin Private Limited ….Plaintiff

Awesome Coffee Private Limited ….Defendants no. 1 & 2

THE PLAINTIFF THEREFORE PRAYS THAT:

Adv. Alpa Shah

IN THE HON’BLE CITY CIVIL COURT

Easy Spin Private Limited ….Plaintiff

Awesome Coffee Private Limited and Ors. ….Defendants no. 1 & 2

Mr. Janab Nawab Hussain

Adv. Alpa Shah

Solemnly affirmed at Mumbai )

Mr. Janab Nawab Hussain

Adv. Alpa Shah

Amrit Kaur Singh ………Complainant

2) Branch Manager, Faizabad

3) Honor Commodities Pvt. Ltd.

WRITTEN STATEMENT OF THE OPPOSITE PARTIES ABOVE NAMED TO THE

MOST RESPECTFULLY SHEWETH :

19. The Opposite Parties (Opponents) submit that additionally National

a) In the matter of National Consumer Disputes Redressal

We are of the considered view that the complainant is not a

“2 (1) (d) – “consumer” means any person who,

e) West Bengal State Consumer Disputes Redressal Commission,

F) Delhi State Consumer Disputes Redressal Commission, New

20) With regards to the allegations alleged in the complaint by the

AND FOR THIS ACT OF KINDNESS AS IS DUTY BOUND THE

Adv. Alpa Shah

Advocates for Opposite Parties Opposite Parties (Opponents)

This 4th June , 2016 )

For Sharekhan Limited

Opposite Parties (Opponents)

Adv. Alpa Shah

Identified & Explained By Me

Amrit Kaur Singh ………Complainant

2. Branch Manager, Faizabad

3. Honor Commodities Pvt. Ltd.

AFFIDAVIT IN SUPPORT OF WRITTEN STATEMENT

Manager of Honor Ltd., of the Opposite Parties (Opponents) do hereby state on