Page 1 of 54

LIST OF DRAFTS IN THIS BOOK

SR. NO. DRAFTS PAGE NOS.

1 CAVEAT 2
2 LEGAL NOTICE FOR RECOVERY OF 4
MONEY FOR GOODS SUPPLIED
3 LEGAL NOTICE FOR WINDING UP 6
UNDER COMPANIES ACT
4 LEGAL NOTICE FOR CHEQUE 9
DISHONOR U/S 138 OF NI ACT
5 LEGAL NOTICE FOR DEFECTIVE GOODS 11
6 PLAINT 12
7 NOTICE OF MOTION 15
8 CHAMBER OF SUMMONS 16
9 WRITTEN STATEMENT 19
10 APPEAL 22
11 WRIT PETITION – ARTICLE 226 24
12 WINDING UP PETITION 29
13 SUMMARY SUIT 34
14 TESTAMENTARY PETITION FOR 38
SUCCESSION CERTIFICATE
15 COMPLAINT FOR CHEQUE DISHONOR 40
16 CONSUMER COMPLAINT 42
17 BAIL APPLICATION 45
18 ANTICIPATORY BAIL APPLICATION 47
19 PETITION FOR DIVORCE BY MUTUAL 49
CONSENT

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CAVEAT PETITION NO: 22 OF 2023

Mr Shyam Sen
Aged 46 years
Occupation Business
Residing at B-101, Galaxy Apt, S. V. Road, Bandra (West), Mumbai
………..Caveator
Vs

Mr Peter Raj
Aged 49 years
Occupation Service
Residing at A-702, Sun Apt, Agarkar Road, Bandra (West), Mumbai
………Opponent

The Caveat petition on behalf of the caveator hereby submits:

1) Pray that no ex-parte order may be passed in the Suit/Case/Application for the purposes of
recovery orders by the opponents named above in the Honorable High Court of Bombay, against
the caveator in connection with interim injunction order issued by City Civil and Sessions Court,
Dindoshi at Mumbai against the transfer of immovable property situated at C-504, Star Apt,
Gokhale Road, Bandra (West), Mumbai.

2) The caveator’s and the opponent’s address for the service of summons/notices of this
suit/application is as stated in the title clause of this application.

3) The Caveator hereby undertakes to forthwith serve a copy of this application pertaining to the
Suit/Case to the opponent above-named by registered post with acknowledgment and to file
proof of such service.

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4) Any interim application filed in the suit by the opponent against the Caveator in this Hon’ble
Court may please be notified to the Caveator before passing any order in such Caveat application
which the Court deems appropriate.

5) Any order which the Court deems fit in the interest of justice may please be passed.

Place: Mumbai
Date: 10th March 2023

COUNSEL FOR CAVEATOR CAVEATOR

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Name of Advocate Mob. No.

Ref. No…. Dated

Registered A.D

LEGAL NOTICE

To,

M/S ABC Pvt. Ltd.

Office Address :

Through its Director

Dear Sir,

Under instruction and on behalf of my client M/S ABC TRADING COMPANY,

________________ through its Proprietor _______________, I do hereby serve you with the
following Legal Notice: -

1- That my client is a proprietorship firm under the name and style of M/S ABC TRADING
COMPANY.

2- That my client is engaged in the business of trading of all types of Plastic Crates, Bins &
Fabrication etc.

3- That you the Noticee contacted my client for purchase for similar kind of items and as per
your confirmed order my client has supplied you the ordered items vide Invoice No. 307
dated 28-01-2012 and Invoice No. 33 received by you on 17-05-2012.

4- That as per the statement of account of my client firm for the period w.e.f. 1st April, 2012
to 30th June, 2013 the total amount of Rs.3,04,134.45 Rs. is outstanding against you the
Noticees.

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5- That my client requested you several times to make the payment of Rs.3,04,134.45 Rs. but
you avoided to the legitimate request of my client on one pretext or the other and finally
on 30-12-2014 you have flatly refused to make the payment of Rs.3,04,134.45 Ps. to my
client. Thus, you have caused wrongful and unlawful loss to my client and taken wrongful
and unlawful gain for yourself. In this way you have committed the act of cheating, fraud,
criminal breach of trust and deception with my said client.

6- That my client is entitled to recover the amount of Rs.3,04,134.45 Ps. along with interest @
18% per annum from the date of due till the date of realization of the said amount from
you.

I, therefore, through this Legal Notice lastly and finally call upon you make the
payment of Rs.3,04,134.45 Ps. (Rupees Three Lacs Four thousand one hundred thirty-
four and paise forty-five only) along with interest @ 18% per annum to my client and
also pay Rs. 11000/- as cost of this legal notice, within the period of 15 days from the
date of receiving of this legal Notice, failing which client has given me clear instructions
to file civil, criminal, suit for recovery and other misc. proceedings against you in the
competent court of law and in that event, you shall be fully responsible for all costs, risks
and consequences thereof.

A copy of this legal Notice has been retained in my office for ready reference.

XYZ Advocate

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Winding Up Notice Format

SPEED POST/REGISTERED POST WITH A/D.

Dated: 21/03/2023

To
__________
__________
Dear Sir(s),

Re: Notice under section 434 (a) of the Companies Act, 1956 for winding up of
the addressee Company due to outstanding debt amount of Rs. ______________/-
(Rupees ____________________ only) along with interest @ 18% per annum
pending payment.

Our Client: Alisha Investments & Loans Ltd.

We write under instructions of our abovementioned Client and state as under:

1) That sometime _________________________ you approached the principal

officers of our client with a request to avail loan amount of Rs.
__________________/- ( Rupees ______________ only) ) (hereinafter referred to as
“said loan”) inter alia, on condition that the said loan shall be for a tenure of
___________ days and the said loan amount shall bear interest @ _____ % per
annum.

2) That in view of the aforesaid, on _______________ our client remitted to you a

sum of Rs. ___________________/- through its ___________ Bank Account No.
____________________ vide RTGS UTR No. ____________________ to your Bank
Account No.______________ held with ________________________. The said loan
was granted to you for the agreed period of __________ days only, having the
maturity date as _______________.

3) That on or about _________________ you have refunded a sum of Rs.

______________/- on account of the loan amount which matured on
______________, thereby reducing the balance principal dues against the loan
amount to Rs. ___________/- ( Rupees ______________ only).

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4) That in view of the aforesaid, the loan amount stood reduced to Rs.
___________________/- and in partial discharge of your existing legal liability and/or
debts arising out of the reduced loan amount, you issued and forwarded to our client a
cheque bearing ____________ dated ___________ for payment of outstanding
principal dues of Rs. ________________/- drawn on _____________.

5) That our client presented the said abovementioned cheque No. ___________ for
encashment within its validity period with its banker, viz., ___________

6) However, to our client’s utter surprise the said cheque was returned unpaid and
dishonoured vide dishonor return memo dated ________________ with the
endorsement “Not arranged for/Funds Insufficient”, information whereof was
received by our client on ________________.

7) Further, under the cover of an undertaking letter dated ______________ you had
assured our client that the aforesaid cheque shall be encashed upon presentation and
will not be stopped under any circumstances, nor the Bank account closed and neither
will you change the authorized signatories of the Bank.

8) That pertinent to the aforementioned facts, our client constantly pressed for the
payment of the outstanding dues against for a total amount of Rs. _______________/-
(Rupees ___________ only) along with interest @ 18% per annum accruing and
rising every day thereby from you and the same is still pending payment.

9) That thereafter, since you have failed to pay heed to our client’s constant requests,
our client was pained to issue and send legal notice to you dated __________ through
their advocates demanding payment of the outstanding dues and interests accruing
thereon upto the date of re-payment of your loan obligations.

10) That vide your letter dated ____________ sent to the advocates of our client as
reply letters to the aforementioned legal notices, you have intentionally, deliberately,
mischievously and with malafide intention alleged that you are not liable to pay to our
client the outstanding dues of Rs. _____________/- (Rupees __________ only) along
with interest @ 18% per annum accruing and rising every day.

11) That in view of the above, it is highly irrational and unethical on your part to have
enjoyed the total amount of Rs. ____________/- (Rupees ____________ only) by
taking undue and unfair advantage of our client gave you the loan amount for your
benefit in your time of crisis under the impression that the entire loan amount along
with interest accrued thereon will be returned by you within the agreed time.

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12) That you have grossly attempted to enrich yourself in an illegal manner and you
have acted against the interest of morality in attempting to usurp the hard-earned
money of our client by retaining the total amount Rs. ____________/- (Rupees
____________ only) along with interest @ 18% per annum accruing and rising every
day and failing to return the same within the agreed time.

13) In view of abovementioned facts and circumstances, our client being a creditor of
your Company and you being indebted to our client for a sum of total amount of Rs.
____________/- (Rupees ____________ only) along with interest @ 18% per annum
accruing and rising every day thereupon as on date and we, on behalf of our client,
hereby call upon you and make demand for payment of the entire outstanding dues of
the Rs. ____________/- (Rupees ____________ only) along with interest @ 18% per
annum accruing and rising every day from the due date/maturity date of the
outstanding dues against the loan amount, till the date of payment, by Pay Order
drawn in favour of our client within a period of 21 days from the date of receipt of this
notice, failing which, our client shall be constrained to initiate appropriate
proceedings under sections 433, 434 and 439 of the Companies Act, 1956, at your
peril, costs and consequences thereof, which please note. Needless to mention, our
client shall further resolve to other legal remedies criminal and civil, available under
the law.

14) Please treat this Notice as a statutory notice under section 434 (a) of the
Companies Act, 1956 and also as a notice under the Interest Act, 1978.

15) This notice is without prejudice to our client’s rights in any other proceedings
which have already been initiated/filed and/or may be initiated/filed before any Court
of Law with regard to the aforementioned dues.

Please acknowledge receipt of this letter.

Thanking you.

Advocate

Copy to: Client

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Legal Notice Format: Legal notice under Section 138 of the Negotiable Instrument Act for the honour
of cheque

Ref. No……………. Dated ____, __________

REGD.A.D.

SUB.: LEGAL NOTICE

To,
_____________

Dear Sir/Madam,

Under the instruction and authority from my client Mr. A( here referred to as my
‘client’), I do hereby serve upon you the following notice of demand under
Section 138 of the Negotiable Instrument Act, 1881:

1. That my client knows you, from the last ___ years and on that account
you had gained the faith and confidence of my client, that you demanded
a friendly loan of Rs.________ from my client in the month of ___. My client
provided you with the said amount.

2. That earlier, you issued a cheque dated __th _________ for Rs. ________ drawn
on ******, in order to discharge your partial liability. At the time of
issuing the cheque, you assured my client that the same is good for value
and will be honoured as and when presented.

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3. That when the aforesaid cheque was presented, for encashment by my

client to his banker the same was returned unpaid by the banker with
the reason that there was “Insufficient Fund”. My client informed you
about it through the telephone/Email.

4. Despite various reminders, you failed to make payment to my client.

You tried to avoid the matter and started to ignore my client. Since my
client is left with no other option but to present you with the legal
notice.

5. That you have failed to comply with the provisions of the law and also
failed to discharge your liability from your account and the same cheque
was dishonoured intentionally and willfully.

6. That, either you discharge your liability towards my client in next 15

days or criminal and civil charges will be framed against you, and you
can be punished for imprisonment which may extend to two years, or
with fine which may extend to twice the amount of the cheque, or with
both.

A copy of this Notice is kept in my office for record and further necessary action
and you are also advised to keep the copy safe as you would be asked to produce
in the court.

____________
ADVOCATE

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Legal Notice for defective goods

SPEED POST/REGISTERED POST WITH A/D.

Dated: 21/03/2023
To,
Name of Party along with the address of seller/service provider

Sir,
I do hereby serve you with the following legal notice:

1. That undersigned is a consumer as I had purchased the

(goods/services) from you, the addressee, vide your receipt dated ——
——–by paying a number of Rs—————

 That the said product/service is not up to the mark due to the following
defect:(Describe the defect)

 I had sent the email regarding my grievance, but all efforts were
unsuccessful. It is further submitted that the above said act on your part
has caused me great loss and damage besides mental tension, trauma
and inconvenience and loss of value of money.

In such facts and circumstances, as stated herein above in the present legal
notice, I hereby call upon you, the addressee, to replace/refund the said
goods/services immediately within 15 days from the receipt of this legal notice,
failing which, I shall be constrained to take shelter of the court of law at your
cost, damages, compensation, and consequences, accordingly.
Signature
Name and Address

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BEFORE THE DISTRICT JUDGE AT _________

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr.
BBB_________ PLAINTIFF

VERSUS

Mr.
DDD__________ DEFENDANT

SUIT FOR POSSESSION OF PROPERTY UNDER SECTION 6 OF

SPECIFIC RELIEF ACT

MOST RESPECTFULLY SHOWETH:

1. That the Defendant as owner of House No. ________ admeasuring

______situated at ________ on _____ let out the same to the Plaintiff
at a monthly rent of Rs. ______ for a period of 24 months
commencing from ______ and put the Plaintiff in actual Physical
possession of the said property.

2. That the Lease agreement was registered with sub registrar

______on ______ Copy of the Lease Agreement dated ____ is
annexed herewith and attached as Annexure P1.

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3. That on _____ the Defendant entered upon the tenanted premises

in the absence of the Plaintiff, broke open the lock without the consent
of Plaintiff and without any authority.

4. That immediately on coming to know of the said act of trespass and

unlawful and forcible dispossession committed by the Defendant, the
Plaintiff reported the matter to the Police and also called upon the
Defendant to vacate the said property and hand over possession
thereof to the Plaintiff.

5. That the Defendant has neglected and failed to vacate the said
property and handed over possession thereof to the Plaintiff, despite
repeated protests by the Plaintiff.

6. That on ______ the Plaintiff sent a legal notice to the Defendant, by

registered post, calling upon him to vacate the said property and hand
over possession thereof to the Plaintiff, but in vain. As such, the
Defendant continues to occupy the house in an unauthorized and
illegal manner.

7. That the House is situated in ____________ and the lease

agreement was executed within the Jurisdiction of this Hon'ble Court.
The Defendant resides in the jurisdiction of this Hon'ble Court. As such
this Hon'ble Court has Jurisdiction to entertain, try and decide the Suit.

8. That the cause of action firstly arose on ________ then it arose on

_____ and ultimately it has arisen on _______. Therefore, this Suit
has been filed within a period of six months from the date of
dispossession.

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9. That the valuation of the suit for the purposes of Court-Fees and
jurisdiction is ______ for the relief of ___________and accordingly,
Court fee of Rs. __________ has been affixed.

10. In the facts and circumstances of case mentioned herein above

this Hon'ble Court may graciously be pleased to:

PRAYER

That the Plaintiff, therefore, prays:

a) that the Suit be decreed in favour of the Plaintiff and against the
Defendant , and accordingly the Defendant be ordered to forthwith
remove himself and his belongings from the House No______ and
deliver to the Plaintiff quiet and vacant possession of the Suit
Premises.

b) that Plaintiff be allowed cost of the suit; and

c) to grant any other relief, which the Hon'ble court deems fit, may
please be granted to the plaintiff in the interest of justice.

PLAINTIFF

THROUGH______________.,

Advocate

Place :

Date :

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NOTICE OF MOTION

IN THE COURT OF DELHI AT NEW DELHI

NO._____________________

SHRI __________________________________________________
Advocate

IN THE MATTER OF:

_______________________________________________ Plaintiff /Petitioner

Versus

_______________________________________________ Defendant Respondent

Sir,

The enclosed application in the aforesaid matter as being filed on behalf of the
___________________________ and is likely to be listed on ________________ or
any date, thereafter. Please take notice accordingly.

New Delhi
Through
Date :

(ADVOCATES)
Lawyers Chambers Building
Delhi High Court, New Delhi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
Chamber Summons No.___________ of 2017
In
Public Interest Litigation (Lodg.) No. 46 OF 2017

1. Consortium for Tobacco Free Karnataka }

Having its office at }

SOCHARA, ] 359, SrinivasaNilaya, }

Bengaluru- 560034 Karnataka }

Represented by its Authorised Signatory }

Sathiya Jaya Chander } APPLICANT

IN THE MATTER BETWEEN

1. Sumitra Hooda Pednekar }

Aged about 72 years, }

Indian Inhabitant }

R/o 201, Sunvin Apartment }

Yari Road, Near Madhuban Restaurant }

Andheri (West) Mumbai, Maharashtra-400061 } PETITIONER

VERSUS

1. Life Insurance Corporation of India }

Through its Chairman, }

177, Babubhai M. Chinai Road, }

Churchgate, Mumbai, Maharashtra-400032 } RESPONDENT

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LET ALL PARTIES CONCERNED attend the Chamber of Her Ladyship the Chief Justice and
His Lordship Justice N.M. Jamdaron the ______ day of June, 2017at 11 o’clock in the forenoon
or soon thereafter when the counsel for the Applicants can be heard for the following reliefs:

a) That this Honourable Court may be pleased to allow the Applicants to intervene and be
impleaded in this Public Interest Litigation as party Respondent;

b) That this Honourable Court be pleased to direct the Petitioner to be amend the petition and
add the Applicants herein as party Respondents;

c) That this Honourable Court, after allowing the Applicants to intervene till the Applicants are
heard, may be pleased not to grant any/any further interim relief in favour of the Petitioners;

d) That ad interim relief in terms of prayer Clause (c) be awarded in favour of the Applicants
herein;

e) That this Honourable Court may pass such other orders as justice and convenience may
demand from time to time in favor of the Applicants herein.

This Chamber Summons has been issued at the instance of_______________, Advocate for the
Applicant.

Dated this day of June, 2017.

Advocate for the Applicants

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To

1. Sumitra Hooda Pednekar

The Petitioners above named.

1. Life Insurance Corporation of India

The Defendants above named.

Please note that the Affidavit of Sathiya Jaya Chander, the authorized signatory of Applicant No. 1, the
Applicant above named duly affirmed on this day of June, 2017 will be used in support of this Chamber
Summons.

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MODEL DRAFT FOR WRITTEN STATEMENT

IN THE COURT _____________OF CIVIL JUDGE

(DISTRICT __________), ____________

SUIT NO. __________ OF 20XX

X_______________ …. PLAINTIFF

VERSUS

Y_________________ ….. DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. That the suit is barred by limitation under Article _________ of the Limitation Act and is liable to
be dismissed on this short ground alone.

2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because ______________

3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is
therefore liable to rejected outrightly.

4. That there is absolutely no cause of action in favour of the Plaintiff and against the Defendant. The
suit is therefore liable to be rejected on this ground also.

5. That the suit is bad for non-joinder of necessary parties, namely _________________

6. That the suit is bad for mis-joinder of Z.

7. That the suit is barred by the decree dated _____________ passed in suit No. __________ titled Y
Versus X by Sh. _______________, Sub-Judge, ________, The present suit is therefore barred by the
principle of res-judicata and therefore liable to be dismissed on this short ground alone.

8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No.
________ is pending in the Court of Sh. _____________, Sub-Judge, _________

9. That the suit has not been properly verified in accordance with law.

10. That the Plaintiff’s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief
Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of
contract by the Defendant. Assuming, though not admitting, that the Defendant has committed any
alleged breach, the remedy available to the Plaintiff is by way of the suit for specific performance and
not sent for specific performance.

11. That the Plaintiff’s suit for permanent injunction is also barred by Section 41 (i) of the Specific
Relief Act because he has not approached this Hon’ble Court with clean hands and his conduct has
been most unfair, dishonest and tainted with illegality.

12. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special Relief Act as the
plaintiff has omitted to claim further consequential relief available to him.

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13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service
cannot be enforced.

14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory
notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a).

15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of
the Indian Partnership Act and as such is not competent to institute this suit.

16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988,
and is therefore liable to be dismissed outrightly.

ON MERITS:

Without prejudice to the preliminary objections stated above, the reply on merits, which is without
prejudice to one another, is as under-

1. That para 1 of the plaint is correct and is admitted.

2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put to
the strict proof of each and every allegation made in the para under reply.

3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically
denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N is the owner of
the suit properly.

4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the
suit properly. However, the remaining contents of para under reply are absolutely incorrect and are
denied. It is specifically denied that ___________ 5-10. (Each and every allegation must be replied
specifically depending upon the facts of each case. The above reply on merits is therefore only
illustrative in nature.)

11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the
Plaintiff and against the Defendant because ____________ The plaintiff is therefore liable to be
rejected outrightly.

12. That para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain this suit because
the subject matter of this suit exceed the pecuniary jurisdiction of this Hon’ble Court.

13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court fee
and jurisdiction. According to the Defendant the correct valuation of the suit is Rs ____________

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Dismiss the suit of the plaintiff.

b) Award costs to the defendant.

c) Pass any other just and equitable order as deemed fit in the interest of justice.

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DEFENDANT

THROUGH

Place________

DATE_________ ADVOCATE

VERIFICATION:

Verification at _______ on _______ day ________ of, 20XX that the contents of paras 1 to ____ Of
the preliminary objection and para ____to _____ of reply on merits are true to my personal
knowledge and those of paras _____ to _____ of preliminary objection and para _____to _____ of
reply on merits are true & correct on the basis of legal advice received and believed to be true. Last
para is prayer to the Hon’ble Court.

DEFENDANT

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Specimen Form of Appeal to the High Court

IN THE HIGH COURT OF…………………… AT……………………
CIVIL APPELLATE JURISDICTION
REGULAR CIVIL APPEAL NO…………………… OF
IN THE MATTER OF:
A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and having its
registered office……………………
…Appellant
Versus
M/s…………………… a partnership concern
(or XYZ company Ltd., a company incorporated under the Companies Act and having its registered office
at……………………)
…Respondents
May it please the Hon'ble Chief Justice of the High Court of…………………… and his Lordship's
companion Justices,
The appellant-company
MOST RESPECTFULLY SHOWETH:
1. That the appellant herein is a company duly registered under the provisions of the Companies Act
and the registered office of the appellant is at…………………… and the company is engaged in
the business of manufacturing……………………
2. That the respondents who are also doing business of selling goods manufactured by the
appellants and other manufacturers approached the appellant for purchasing from the appellant-
company the aforesaid manufactured goods. An agreement was reached between the parties
which was reducing into writing. The appellant supplied goods worth Rs. 15 lacs over a period
of…………………… months to the respondents. A statement of account regarding the goods so
supplied is annexed hereto and marked as ANNEXURE A-1.
3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The statement
of the said payments made by the respondents is appended and is marked as ANNEXURE A-2.
4. That the remaining amount has not been paid by the respondent despite repeated demands and
issuance of a legal notice by the appellant through advocate.
5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs together
with interest at the rate of 12% per annum and the cost of the suit. The suit was filed
on…………………… in the court of the learned District Judge.
6. That upon being summoned by the said court the respondents appeared through counsel and
filed their written statement to which appellant-plaintiff also filed replication (rejoinder).
7. That the parties led evidence. After hearing the counsel for the parties the learned District Judge
has by his judgement and decree passed on…………………… dismissed the appellant's suit on
the ground that the evidence led by the parties does not establish the claim of the appellant-
plaintiff. Copies of the judgement and decree of the court below are annexed hereto and are
marked as ANNEXURE A-3 AND A-4, respectively.
Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit of the
plaintiff this appeal is hereby filed on the following, amongst other,
GROUNDS
A. That the judgement and decree under appeal are erroneous both on facts as well as law.

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B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into
error in not finding that the preponderance of probability was in favour of the plaintiff-
appellant.
C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit and
the defendant-respondent has failed to effectively rebut the plaintiff's evidence, more
particularly the documentary evidence.
D. ……………………
E. ……………………
F. ……………………
8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at
Rs…………………… and the requisite court fee in the form of stamps is appended to this
memorandum of appeal.
9. That this appeal is being filed within the prescribed period of limitation, the judgement and decree
under appeal having been passed on…………………
In the above facts and circumstances the appellant prays that this appeal be allowed, the judgement
and decree under appeal be set aside and the decree prayed for by the appellant in his suit before the
court below be passed together with up-to-date interest and costs of both courts.
APPELLANT
VERIFICATION
Verified at…………………… on this, the…………………… day of…………………, 20…. That the
contents of the above appeal are correct to the best of my knowledge and belief……………………
APPELLANT
THROUGH
(……………………)

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CRIMINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 348 OF 2023

DISTRICT : MUMBAI

IN THE MATTER OF ARTICLE 226 OF

THE CONSTITUTION OF INDIA.

AND

IN THE MATTER OF DIRECTION, ORDER

OR ORDERS AND/OR WRIT IN THE

NATURE OF HABEAS CORPUS AND/OR

ANY OTHER APPROPRIATE WRIT.

AND

IN THE MATTER OF THE IMPUGNED

ORDER OF DETENTION OF

SNEHA DESAI, AGED 35 YEARS.

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SNEHA DESAI }
D/O AMAR DESAI }
AGED 35 YEARS, INDIAN INHABITANT }
RESIDING AT 202 RAM APT, }
ABHUDAYA NAGAR, }
KALA CHOWKI, PAREL, MUMBAI } PETITIONER

VERSUS

1. MUMBAI POLICE COMMISSIONER }

COMMISSIONER OF POLICE OFFICE }
MAIN BUILDING, 1ST FLOOR }
CP OFFICE COMPOUND, D. N. ROAD, }
CRAWFORD MARKET }
MUMBAI 400001 }

2. STATE OF MAHARASHTRA }
THROUGH THE SECRETARY OF THE }
STATE OF MAHARASHTRA, MANTRALAYA }
MADAM CAMA ROAD, HUTATMA CHOWK, }
NARIMAN POINT, MUMBAI 400032 }
REPRESENTED BY PUBLIC PROSECUTORS }
OFFICE } RESPONDENTS

To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of MUMBAI.

The humble petition of the Petitioner above named.

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner, Miss Sneha Desai, aged 35 years, is an M.Tech,

Computer Engineering from BITS Pilani and currently not working.

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2. That the petitioner resides in Mumbai with her father, Mr. Amar Desai,
aged 61 years, a retired branch manager of a leading public sector bank.

3. That on 1st day of March 2023, the Petitioner was illegally detained for a
period of 5 days by Kala Chowki Police Station, Mumbai.

4. That on the date of getting detained, the Petitioner was not informed
about the grounds of his detention by Kala Chowki Police Station, Mumbai.

5. That even after five days of detention, the Petitioner is not informed of his
ground of detention.

6. That the report of the ground of detention was furnished to the Petitioner
in Marathi, which is not understood by the Petitioner.

7. That the Petitioner's father Mr. Amar Desai is interested in the release of
the Petitioner from the detention.

8. That the Petitioner’s father Mr. Amar Desai was unaware of this detention
and had even approached Kala Chowki Police Station on 02.03.2023 to file a
missing complaint of Miss Sneha Desai and the said police station refused to
take the missing complaint without giving any reason.

9. That the Petitioner’s father Mr. Amar Desai immediately approached Kala
Chowki Police Station after he came to knew that the said Police Station has
illegally detained Sneha Desai on 05.03.2023 but the said police station
refused to give any reply.

10. That the Petitioners have no other efficacious remedy except to

approach this Hon'ble Court by way of this Petition under Article 226 of the
Constitution of India.

11. That the Petitioners have not filed any other petition or preceding in any
court or tribunal throughout the territory of India regarding the matter.

12. Therefore, this detention is illegal, arbitrary and with lack of jurisdiction
because of the following grounds given below: -

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GROUNDS

That the present Writ Petition is being filed on the following, amongst other,
grounds without prejudice to each other;

a. Because the grounds of detention were not furnished to the Petitioner

even after prolonged delay.

b. Because the Petitioner's detention is violative of Article 21 of the Indian

Constitution.

c. Because the grounds of detention of the Petitioner was given in Marathi,

which is not comprehensible for the Petitioner.

d. Because the grounds of detention is very arbitrary and vague.

e. Because the petitioner has been a law-abiding citizen of India.

PRAYERS

In view of the facts & circumstances stated above, it is most respectfully

prayed that this Hon'ble Court may be pleased to: -

a) Issue a Writ of Habeas Corpus to the Respondent 1 and 2 thereby

quashing the impugned detention order;

b) Issue an appropriate Writ Directing release of the Petitioner;

c) Issue appropriate Writ granting reasonable compensation to the

Petitioner;

d) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND

SHALL EVER PRAY.

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Place : Mumbai
Date: 6th March 2023 Petitioner

FILED BY:

P. Chidambar
ADVOCATE FOR THE PETITIONER

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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

COMPANY PETITION NO. ________ OF 2014
ORIGINAL JURISDICTION

IN THE MATTER OF:-

The Companies Act, 1956

AND

IN THE MATTER OF:-

Sections 433, 434 and 439 of the said Act

AND

IN THE MATTER OF:-

M/s ______________, a Company incorporated under the Companies Act, 1956 having their
registered office at __________________________.

…Respondent-Company

AND

IN THE MATTER OF:-

M/s _______________, having their registered office at _______________.

…Petitioner Company

To,
The Hon’ble ____________, Chief Justice,
And His Companion Justices of the said Hon’ble Court

The humble petition of the petitioner company abovenamed most respectfully sheweth:

1) The address of the Petitioner Company for services of all notices, processes, etc. is that of its
Advocate, ______________________________.

2) The respondent company abovenamed, namely _____________ (hereinafter referred to

as ‘the said Company’) was incorporated in terms of the provisions of the Companies Act,
1956. The registered office of the company is situated at _____________________, within the
jurisdiction of this Hon’ble Court.

3) The authorized share capital of the said Company (as per the inspection of the file of the said
Company at Registrar of Companies, West Bengal, Kolkata on ___________) is Rs.
_________________/-, divided into _____/- equity shares of Rs. ____ each.

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4) The main objects for which the said Company was incorporated are, inter alia, as follows:
To carry on the business of ____________

5) There are other objects more particularly stated in the Memorandum & Articles of Association
of the Respondent-Company. The Petitioners crave leave to refer to and rely upon the
Memorandum & Articles of Association of the Respondent-Company at the time of hearing, if
necessary.

6) The main objects for which the Petitioner Company was incorporated are, inter alia, as
follows:

To carry on the business of ______________ and for that purpose to purchase and sell
________________________ of all kinds and description including any _______________ in
India or abroad or any type like ________________ to promote the sale or any other interest of
its clients.
In this connection a copy of the Memorandum of Association of _____________ is annexed
hereto and marked with letter ____ (Page – _____).

7) The Petitioner Company states that the said Company is indebted to the Petitioner Company
for a sum of Rs. _________/-(Rupees __________________ only) being the principal amount in
view of the facts more fully stated herein below.

8) At all material times and even now the Petitioner Company herein is engaged in the business
of _____________. The petitioner company is equipped with ultra-modern equipment and has
got specialized knowledge and techniques to maintain the high standards, holds remarkable
goodwill in the trade and has been enjoying an impeccable reputation in the market.

9) That before the ________ in the year ____, the said Company approached the petitioner
company and sought for the business offers of the Petitioner Company with regard to
__________ in Kolkata. Accordingly the said Company accepted the offers of the Petitioner
Company and placed certain orders of ____________ in Kolkata. The petitioner company placed
its bills upon the said Company against the said orders and the said Company paid the same. The
said conduct of the said Company impressed the petitioner company and the petitioner company,
with reasonable belief, relied upon the said Company. Thereafter in the month of ____________,
the said Company again placed certain similar orders to the petitioner company
_____________in Kolkata for the period ________ to ________________.

10) On the basis of such orders of the said company, the petitioner company
_________________ for the period from __________________ and accordingly raised bill being no.
___________ dated ____________ for a sum of Rs. ______________/- upon the said Company.
The said Company duly received the said bill dated __________________. The petitioner
company was in an impression that the said Company will definitely make payment of the said
bill.

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11) The said bills raised by the petitioner company, covering the entire order placed by the said
Company in _______, amounted to a sum of Rs. ______________/-.
12) That the petitioner company through its Advocate sent a legal notice dated ________ under
speed post with acknowledgement due under section 434(a) of the Companies Act, 1956 at the
registered office of the said Company. The said notice, inter-alia, stated brief facts and called
upon the said Company to make the payment of the outstanding amount Rs. ________/- towards
the principal amount along with the interest dues and statutory liability within a period of 21
days from the receipt of the said notice by the said Company. A copy of the legal notice dated
__________ is annexed hereto and marked with the letter __ (Page – _____).

13) That the said Company duly received the said legal demand notice dated __________ of the
Petitioner Company on ___________ but till date failed and/or neglected and/or refused to reply
the same.

14) That the said Company, through its Advocate by a letter dated _______________, replied to
the said Petitioner Company’s legal notice dated ______________ whereof the Petitioner
Company’s demand had been refused. The Petitioner Company reserves its right to make
appropriate submissions regarding the contents of the said letter dated _____________ before
this Hon’ble Court at the time of hearing of this application, if necessary. In this connection, a
copy of the said letter dated _________ is annexed hereto and marked with letter __ (Page – -
_____).

15) That the said outstanding amount of Rs. ____________/- is a liability on the part of the said
Company and an interest @ 18% on the said outstanding also stands against the said Company.
The Petitioner company states that it is a matter of regret that despite various requests the said
Company had failed to discharge its liability. Under such circumstances it is obvious that the said
Company is unable to pay the debt/outstanding. Needless to mention that no dispute whatsoever
was raised by the said Company with regard to the entitlement of the Petitioner Company to get
the said outstanding.

16) That even though the said Company has not been able to pay the admitted dues to the
petitioner company, the said Company for the sole purpose of avoiding and thwarting the present
winding –up proceedings is now trying to give the color of bonafide disputes to the said
fictitious, concocted and frivolous disputes as referred in preceding paragraph.

17) That a period of well more than 21 days have elapsed from the date of service of the
statutory notice upon the said Company and the said Company has failed and neglected to pay
the amount claimed therein. In these circumstances, there is a statutory presumption that the said
Company is unable to pay its debts and is therefore consequently liable to be wound up.

18) In the aforesaid facts and circumstances, a sum of Rs. _________/- along with an interest @
18% thereof remains due thereon.

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19) The Petitioner Company most humbly states that it has now come to learn that the said
Company has become commercially insolvent and is unable to pay its dues. It has also come to
the knowledge of the petitioner that the liabilities of the said Company far exceed its assets and
the said Company is in involved circumstances as there are a large number of creditors.
20) The Petitioner Company has further come to learn that the commercial substratum of the said
Company has been lost and that the said Company is unable to pay its creditors. The Petitioner
Company states that the existence of the said Company is a threat to the commercial world.

21) The Petitioner Company apprehends that the said Company will dispose of its assets with a
view to defeat the claims of its creditors including the Petitioner. The Petitioner Company,
therefore, submits that it is just, necessary, in the interest of justice and convenient that pending
the hearing and final disposal of the petition, the Official Liquidator or some other fit and proper
person to be appointed as the Provisional Liquidator of the said Company with all powers under
the Companies Act, 1956. The Petitioner Company submit that if the aforesaid reliefs are not
granted grave and irreparable loss and injury will be caused to the Petitioners and the other
creditors of the said Company whereas, if the same are granted, no prejudice will be caused to
the said Company. The balance of convenience is in favour of the Petitioner.

22) That the registered office of the said Company is situated at Kolkata. This Hon’ble Court,
therefore, has jurisdiction to receive, try and dispose of this Petition.

23) In view of the aforesaid facts and circumstances and as the said Company is unable to pay its
debts, it is just, fair and equitable that the said Company should be wound up in accordance with
the provisions of the Companies Act, 1956.

24) Until and unless orders are passed as prayed for herein, the Petitioner Company will suffer
irreparable loss, prejudice and injury.

25) This application is bona fide and for the ends of justice.

PRAYER

The Petitioner Company, therefore, most humbly prays Your Lordships for the following orders:

a) That the said Company viz.___________ be wound-up by and under the orders and
directions of this Hon’ble Court under the provisions of the Companies Act, 1956.

b) That the Official Liquidator attached to this Hon’ble Court or some other fit and proper
person to be appointed as Liquidator of the said Company to take charge of the business affairs
and the assets of the said Company with all the necessary powers under the Companies Act,
1956.

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c) That pending the hearing and final disposal of this petition, the Official Liquidator attached
to this Hon’ble Court or some other fit and proper person to be appointed as Provisional
Liquidator of the said Company to take charge immediately of the business affairs and assets of
the said Company with all powers under the Companies Act, 1956.

d) Costs of and incidental to this application be paid by the Official Liquidator to the
Petitioner Company at the first instance out of the sale proceeds of the assets and properties of
the said Company;

e) For such further and other reliefs as in the nature and circumstances of this case this
Hon’ble Court may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

PETITIONER COMPANY’S ADVOCATE.

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IN THE COURT OF _____________________________

C.S. (OS) NO ________________ OF 20__

IN THE MATTER OF:

M/s. ________________ ...Plaintiff

VERSUS

M/s. ________________ ...Defendants

SUMMARY SUIT UNDER ORDER XXXVII OF THE

CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY
OF Rs. _______/- (RUPEES _____________)

MOST RESPECTFULLY SHWETH:

1. The Plaintiff is a Limited Company having its branch office at

________________________________________________________________________

_____________and having its Registered Office and Factory at

________________________________________________________________________

___. The Plaintiff provides solution for _________________________technology,

technological design and with highly skilled engineering team provides application

oriented solutions that suits Indian Environment. The present Suit is being filed through

Mr. _________________________________, Manager Sales (North), the authorised

Signatory of the Plaintiff who has been duly authorised vide Board Resolution dated 18 th

_____________ to file the present Suit on behalf of the Plaintiff.

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2. The Defendant No.1 is a Private Limited Company having its office at

__________________________, India.

3. That the Defendant No.2 is the Director of Defendant No. 1 Company and is responsible

for execution of all the functions related to the business of the Company.

4. That in the year __________ the Defendants approached the plaintiff to purchase

______________ Products and placed order to purchase products from the Plaintiff.

5. That the Plaintiff had sold ______________ product worth Rs. ______________/-

(Rupees ______________) to Defendant No. 1 and Defendant No. 1 through its staff had

taken delivery of the product as per the details mentioned below.

INVOICE NO. DATE AMOUNT

6. That the Defendant No. 1 had made payment of Rs. ___________ towards part payment

against the above said invoices. There is a balance of Rs. _______________ (Rupees

________________ only) receivable by the Plaintiff against the above-mentioned

invoices.

7. That on _________________ Defendant No. 1 had issued a cheque ____________ for

_____________/- (Rupees _____________ only) drawn on _________________ to the

Plaintiff towards part payment against the remaining amount.

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8. That the aforesaid cheque for Rs. ___________________ /- (_________________only)

was presented by the Plaintiff to the bankers of Defendant No. 1 i.e.

______________________ .

9. That the said cheque had been dishonoured by bankers of Defendant No. 1 with the reason

"Exceeds Arrangement " which was intimated to the Plaintiff by their Bankers

___________________ through their cheque return memo dated _____________ received

on _____________.

10. That thereafter in spite of many telephonic, e-mail reminders and personal visit by the

staff of plaintiff, the Respondents failed to make the payment due to the Plaintiff.

11. That the Plaintiff issued a legal notice dated ______________ demanding amount of Rs.

_____________ against the returned cheque, which was not replied by the Defendants.

12. That the Suit is within the period of limitation.

13. That the cause of action arose in favour of the Plaintiff and against the Defendants. The

cause of action arose on 14-Jun-__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the

Defendants purchased ____________ product worth ___________ (Rupees

________________). The cause of action arose when the Legal Notice dated _________

was send by registered post on ____________ upon the Defendants.

14. That this Hon'ble Court is competent to try the present Suit as the

Branch office of the Plaintiff through which the transactions are done

is situated in its territorial jurisdiction.

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In the facts and circumstances of case mentioned herein above this Hon’ble

Court may graciously be pleased to:

PRAYE R

a) pass a decree against the Defendants jointly and severally to pay the

sum of Rs. _________________/- Along with pendent lite and future

interest @24% per annum; and

b) Award the cost of suit in favour of the Plaintiff; and

c) Pass such other or further orders as this Hon’ble Court may deem fit

in the facts and the circumstances of the case.

Plaintiff

Through

Advocate for the Plaintiff

Dated:
New Delhi

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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION PUNE, AT ___________

M.C.A. No. ______/20XX

IN THE MATTER OF:

1.ABC, Age: ____years, Occ: __________ R/o: ____________. Aadhar No.: _________ Pan
No: ___________

2. LMN Age: ____ years, Occ: __________, R/o: __________ Aadhar No.: _________ Pan No.:
__________ Through Power of Attorney holder ABC.

VERSUS

1. Nil ....RESPONDENTS

APPLICATION FOR SUCCESSION CERTIFICATE

UNDER INDIAN SUCCESSION ACT, 1925.

MAY IT PLEASE YOUR HONOUR:

The above named applicants humbly and most respectfully states as under
1. That the Applicants are ordinarily residing at the address mentioned in the cause title.
2. That Applicant No.1 is the son of late ___________. That Applicants No.2 and 3 are the
daughters of late __________ and Applicant No.4 is the wife of late _______________.
3. That the Applicant No.4 and the late _________ got married on ___________. That out of the
said wedlock, they conceived three children, two daughters and one son.
4. That the late ____________ died on 23.08.1998.
5. That the mother of late ___________ also died on ______________.
6. That the late ______________ died intestate, and due and diligent search has been made for
his will, but nothing has been found.

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7. That thus, the Applicant No.1 to Applicant No. 4 are the surviving legal heir of the late
___________ and are entitled to 100% share of his assets and properties, movable and
immovable.
8. The Applicants are the legal heir of the late ___________. The Applicants wish to get the
shares transferred in their name and also claim the dividend accrued on the same. When the
Applicant wrote a letter to the nodal officer of the companies for transmission of shares in their
Name they were asked for a Succession Certificate. Hence the present application is being made
before this Hon’ble court.
9. That except the Applicants, there are no other legal heirs of the deceased claiming any right to
the shares of the deceased as mentioned above.
10. That the Hon’ble court has the power to allow the present application and make necessary
orders as it may deem fit as the subject matter is in the jurisdiction of the Hon'ble court.
11. That there is no impediment in the grant of Succession Certificate in favour of the
Applicants.
12. That the Applicants undertakes to make payment of such Court fees as may be directed by
this Hon’ble court.
13. That no other similar application is pending before any other court of competent jurisdiction.
14. That required court fees have been affixed on this application and the court fees for the grant
of Succession Certificate will be paid as may be directed by this Hon’ble Court.

15. THEREBY IT IS MOST HUMBLY PRAYED THAT:

a. The present application kindly be allowed.
b. Succession Certificate in respect of the shares be granted in favour of the Applicants.
c. Any corrections/amendments in the Application as may be deemed necessary be allowed.
d. Any other orders in the interest of Justice, Equity and Good Conscience may kindly be passed.

Place: _________
Date: _________ Applicant

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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE AT CHENNAI

Cr. Complaint No. 571 of 2022.

ABC Financial Ltd ……………Complainant.

Versus

Ashutosh Subramanian Iyer …………Accused

Complaint Under section 138 and 142 of the Negotiable Instrument Act,1881

Respectfully Showeth:-

1. That the accused issued one cheque bearing No. 123456 dated
01/10/2022 for a sum of Rs. One Lakh drawn on Vyasa Bank Ltd,
Coimbatore Branch as payment for EMI towards his Car Loan of Rs 10 Lakhs
in favour of the complainant.

2. That the complainant presented the said cheque lastly on Arunodaya Bank
Ltd which was returned unpaid by drawee Bank vide returning Memo dated
04/10/2022 for the reasons `Insufficient Funds`. The said cheque was
presented within its validity period and stood dishonoured on presentation.

3. That the complainant got a notice issued through his counsel dated
05/10/2022 under registered AD cover and UPC to the accused demanding
the amount of the dishonoured cheques within 15 days of the receipt thereof
which was duly served upon him on 08/10/2022. It is submitted that the
Registered cover containing the notice was received back as unclaimed as
the accused has deliberately avoided the service of the notice, however the
notice sent through UPC stood served upon the accused on 09/10/2022, the
copy of notice with postal receipt/ UPC and envelope containing notice is
filed with the complaint.

4. That the accused person has not cared to make the payment of the
amount of dishonoured cheque to the complainant within 15 days as
required under the law as demanded in the notice.

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5. That the cause of action for filing the complaint arose to the complainant
within the jurisdiction of this learned court when the accused failed to make
the payment of the cheques in dispute to the complainant within 15 days of
the receipt of notice.

6. That the accused is guilty of an offence under section 138 of the

Negotiable Instrument Act, 1881 and is liable to be punished under section
142 of the said Act.

It is, therefore, prayed that the accused person be proceeded against and
punished in accordance with law as envisaged under section 142 of the
Negotiable Instrument Act in accordance with law. Complainant

Through Advocates

Place: Chennai
Dated: 09/11/2022

List of Documents attached: -

1. Original dishonoured cheque No. 123456 dated 01/10/2022 for Rs. One
Lakh drawn on Vyasa Bank Ltd, Coimbatore.

2. Original returning Memos of the drawee Bank dated 04/10/2022

3. Copy of Notice dated 05/10/2022.

4. Postal and UPC receipt dated 05/10/2022 and envelope containing notice.

List Witnesses: -

1. Complainant.

2. Concerned officers of the Arunodaya Bank Ltd with the records pertaining
to the dishonoured cheque of the accused regarding dishonoured cheque
No.123456 for Rs. One Lakh.

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BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

MUMBAI, MAHARASHTRA

CONSUMER COMPLAINT NO._________0F________

Mr. Ramesh Salim

Residing and operating from

A-2, Seven Building,

S.V. Road, Andheri (W), 4000058

Mumbai, M.S., India

………....COMPLAINANT

Vs

M/s Reena Traders

Having its office cum shop at

16, Zen Building,

S. V. Road, Andheri (West), 400058
Mumbai, M.S., India
Through Mrs. Reena Haresh Shah

Sole Proprietor, Reena Traders ………...OPPONENT

COMPLAINT UNDER SECTION – 35, CONSUMER PROTECTION ACT 2019

To the Hon’ble President and his companion Members of the District forum

The complainant above named most respectfully states:

1. Introduction:
I, Mr. Ramesh Salim, the complainant is self-employed in the tailoring business and I say that I
fall within definition of Consumer as per the Consumer Protection Act, 2019 and the
opponent mentioned above i.e M/s Reena Traders is a sole proprietary firm and carrying on the
business of manufacturing and selling sewing machines.

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2. I, the complainant humbly submits to the Hon’ble District Commission the following
facts:

(a) That the complainant purchased sewing machine from the opposite party on 07.01.2023
for Rs. 20,000 vide Receipt No. 1235. A photocopy of the same is attached herewith as
Annexure A.

(b) That the said sewing machine was guaranteed for a period of 3 years from the date of
the purchase.

(c) That around 12.01.2023 the said sewing machine stopped functioning properly and as a
result of which the fabric used to get stuck in the Needle bar causing damage to it.

(d) That on 13.01.2023 the complainant made a verbal complaint by telephone to the
opposite party about the problems in the sewing machine and the opposite party assured the
complainant that the problems would be rectified by their service personnel.

(e) That on 18.01.2023 the opposite party's service personnel attended on the sewing
machine but the problem could not be rectified by their service personnel.

(f) That on 19.01.2023 the complainant requested for replacement. A photocopy of the
complainant’s request letter is attached herewith as Annexure B

(g) That thereafter, 3 emails and 2 letters were sent as a follow-up but again to no avail.
(Copies of the letters and emails are attached).

(h) That however, no action was taken by the opposite party causing the complainant to file
a written complaint against the opposite party on 22.02.2023.

3. Details of the item:

One Sewing Machine branded as Stitcher. The thread from the rotating spindle was getting
entangled in the needle causing damage to the cloth/fabric and also to the needle.

4. Details of amount paid:

Rs. 20,000/- paid vide cheque number 135790 dated 07/01/2023 drawn on ICICI Bank,
Andheri Branch. (The photocopies of Bill cum Receipt and the cheque are attached)

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5. Guarantee Details:
3 years for any part or any defect as per Guarantee Card provided on 07/01/2023
(photocopy of guarantee card attached)

6. Details of the damage suffered by the complainant:

Damage of cloth/fabric, and other expensive material like zari and loss of business during
the peak Diwali season. Estimated loss is Rs. 70,000/-.

7. The complainant states that he has not filed any complaint in any other
Court/Tribunal/Commission regarding this matter.

8. Prayer of the Complainant

In the facts and circumstances the complainant prays for the following reliefs
(a) That the opposite party be directed to remove the defects from the sewing machine
and if it is unable to do so to refund the price paid for the machine i.e. Rs 20,000/-.

(b) To pay compensation for the loss of business of Rs. 70,000/-.

(c) To pay Rs. 27000/- as costs.

(d) To pay Rs. 27000 as compensation for the mental agony and loss of reputation in
the complainant’s business.

(e) Any other appropriate relief/s this court may deem fit and proper in the facts and
circumstances of this case.

9. Details of fees paid at the time of filing the complaint

Claim amount Rs. 1,24,000/- Fees Rs.5,000/-
RTGS/NEFT ICICIB2065321298 of 23/02/2023

On This 23rd day of FEBRUARY, 2023 ) Mr. Ramesh Salim

(Complainant)

Identified by me:

P. Chidambaran

Advocate

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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE AT BORIVLI, MUMBAI

BAIL APPLICATION No. 99 of 2023.

IN THE MATTER OF:

Mr XYZ,

Son of _________________

35 Years of Age,

Working as _____

Residing at __________

........... Petitioner

Versus

State of Maharashtra

Through Samta Nagar Police Station, Kandivali (East)

...........Respondent

FIR No.: ___________

U/s: ___________

P.S.: ___________

APPLICATION UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE 1973

FOR GRANT OF BAIL

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Most Respectfully Show:

1. That the present application under section 437 of the Code of Criminal Procedure 1973 is
being filed by the Petitioner for seeking grant of bail in FIR No. _________ registered at Police
Station_______________. The present petition is being moved as the Petitioner has been
arrested on _________ (give date) in connection with the said FIR. The petitioner is now in
judicial/police custody.

2. That the Petitioner is innocent and is being falsely implicated in the above said case as he
has nothing to do with the matter.

3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully carrying on
the business of ________ at ________. (Give details).

4. That the Petitioner is a responsible person and is living at the above mentioned address.

5. (Give all other relevant facts, which have led to the arrest or which show the petitioner's
innocence or disassociation with the alleged offence supposed to have been committed)

6. That the Petitioner is innocent and no useful purpose would be served by keeping him
under custody and this is a fit case for grant of bail. (It would be pertinent to mention as to the
stage of investigation or in case the charge sheet has been filed, whether charges have been
imposed, evidence has started, the length of the list of witnesses cited by the prosecution etc. as
these would all be mitigating circumstances)

7. That the Petitioner undertakes to abide by the conditions that this Honorable Court may
impose at the time of granting bail to the Petitioner and further undertakes to attend the trial on
every date of hearing.

8. That the Petitioner has not filed any other similar petition before this or any other
Honorable Court for grant of bail in case of the present FIR. (Or give details and results of earlier
applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. ________ registered under section
________, for the offence of ________ (give sections) at Police Station _________ (give place).

b. Pass any other such order as this Honorable Court may deem fit and proper in the interest of
justice.

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IN THE COURT OF HON’BLE SESSIONS JUDGE AT DINDOSHI, MUMBAI

AB APPLICATION No. 1232 of 2023

Ram Verma
S/o Samir Verma
R/o B101, Dev Apt, S. V. Road, Goregaon (West), Mumbai ___________Applicant

Versus

State of Maharashtra
(through Jawahar Police Station, Goregaon (West), Mumbai ____________Respondent

Application Under Section 438 CRPC For Grant of Anticipatory Bail in FIR No. 127
Under Section 379 IPC filed at Jawahar Police Station, Goregaon (West), Mumbai.

MAY IT PLEASE YOUR HONOUR:

The applicant most respectfully submits as under: -

1- That Dear Love Ltd has registered the above-mentioned FIR against the applicant.

2- That the applicant has no nexus or connection with the above-mentioned offence.

3- That the applicant is a law-abiding citizen of India and is aged about 46 years.

4- That the applicant has not caused any theft at any place.

5- That the allegations in the FIR as alleged by the Dear Love Ltd are wrong, incorrect and
concocted story made by the complainant.

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6- That no recovery is pending in the above-mentioned case and nothing is to be recovered from
the applicant.

7- That the applicant undertakes to join the investigation as and when required by the police of
Jawahar Police Station, Goregaon.

8- That there is no apprehension for absconding or evading of taking trial.

9- That the applicant undertakes not to temper with the evidence or witnesses.

10- That the applicant undertakes to abide by all the terms and conditions as imposed by the
Hon’ble court in the event of bail.

11- That the applicant undertakes for not to hamper the bail and ready to furnish the bail bonds
of sound amount for the satisfaction of the Hon’ble court.

12- That in such type of false cases the bail is rule and refusal of the bail will not serve any
purpose.

PRAYER:

It is, therefore prayed that the applicant may kindly be granted anticipatory bail and the
investigating officer concerned of concerned police station at Jawahar Police Station, Goregaon
(West) may kindly be directed to release the applicant on bail in the event of their arrest

Dated:

Applicant/Petitioner
Through counsel:

____ Advocate, ____

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IN THE FAMILY COURT THANE AT THANE

PETITION NO. 2143 OF 2023

Mr. Karthik Ramchandra Gaikwad, )

Aged about 46 years, )
Occupation:- Service, )
Bouddha – Indian Inhabitant, )
Residing at: Flat No.101,First Floor, )
Priti Tower, Porbhandar Road )
Thane (West), )
District: Thane :- 400601, MAH, India. ) ....Petitioner No. 1
AND
Mrs. Sonam Karthik Gaikwad )
Nee. Miss. Sonam W. Borkar )
Aged about 42 years, )
Occupation:- Service. )
Bouddha – Indian Inhabitant, )
Residing at: Flat No. 338, Tower No.7, )
Lodha Heaven, Majiwada, )
Thane, 400601.MAH ) ...Petitioner No. 2

PETITION FOR DIVORCE BY MUTUAL

CONSENT UNDER SECTION 13B OF THE

HINDU MARRIAGE ACT, 1955.

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TO,
THE HON’BLE PRINCIPAL JUDGE

AND OTHER PUISNE JUDGES OF

THIS HON’BLE FAMILY COURT

THANE.

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHEWETH:-

1. The Petitioners are Bauddha by religion and both are domiciled in

the State of Maharashtra. The Petitioners are governed by the Hindu
Marriage Act, 1955. That both the Petitioners belong to Schedule
caste (S.C.) therefore, Section 2 (2) of The Hindu Marriage Act,
1955 does not apply. The Marriage between the Petitioners above
named was solemnized on 24/05/2010 at Thane (West), according to
Bauddha Vedic Rites and ceremonies. Hereto annexed and marked
as Exhibit - “A” are the copies of original Marriage Invitation Card
and Marriage Photograph.
2. The said marriage has been duly registered with the office of the
Marriage registrar Thane on 21/06/2010 at serial no 160 of Volume
no 1. The original marriage certificate is hereto annexed and marked
as Exhibit - “B”.

3. The Petitioners states that, at the time of marriage, the Petitioner

No.2 was unmarried (spinster) and the Petitioner No. 1 then was a
Bachelor. The maiden name of the Petitioner No. 2 is “Miss. Sonam
W. Borkar”.

4. The Petitioners states that after the solemnization of the above said
marriage, both of them resided and cohabited together with each

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other as husband and wife in the matrimonial home at: 101, Priti
Tower, Porbhandar Road, Thane (W) 400601, District: Thane.

5. The Petitioners states that, out of the said wedlock of the Petitioners there
is one son born on 22/02/2015 namely Master. Arnav Karthik Gaikwad,
Age: 8 years and that it has been mutually agreed by both the petitioners
that the custody of the minor son will remain with the Petitioner No. 2
mother i.e. Sonam Karthik Gaikwad.

6. The Petitioners states that, the Petitioners Mrs. Sonam Karthik Gaikwad
and Mr. Karthik Ramchandra Gaikwad married each other on 24/05/2010
and have been living separately and no co-habitation between them since
22nd February 2021 due to their differences of opinion and temperament
and due to mis-match of their nature they found it difficult to adjust with
each other under the same roof as a husband and wife and they decided to
live separately from each other.

7. The Petitioners states that during their cohabitation, on many occasions,

they tried to reconcile their disputes and differences by seeking an
intervention of elderly persons in family and their well wishers, but all
their efforts proved futile. In the circumstances, now, both the Petitioners
have decided to settle the matter amicably by seeking legal separation by
filing a Mutual Consent Divorce Petition under the provision of Section
13-B of The Hindu Marriage Act, 1955 as per the execution of “Consent
Terms”. Annexed herewith the copy of Consent Terms and marked as -
Exhibit - “C”.

8. The Petitioners have settled their claim mutually as per the following
terms & conditions:

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a) From date of separation master Arnav is in legal custody of Petitioner

No.2 and that it has been mutually agreed by both the petitioners that
the custody of minor son will remain with the Petitioner No.2 i.e.
Sonam Karthik Gaikwad. Moreover, the Petitioner no 1 hereby declare
that he shall not claim custody or access or visitation of Master Arnav
Karthik Gaikwad at any time in future.
b) That both the petitioners hereinabove have mutually agreed and
decided to settle the issues between them and accordingly have agreed
to file the amicably settled consent terms in the present proceeding.
c) That both the petitioners have mutually agreed to take divorce by
mutual consent u/s 13-B of the Hindu Marriage Act, 1955 by a decree
of divorce by mutual consent by filing Marriage petition for divorce
by Mutual consent before this Hon’ble Court, Thane.
d) That the Petitioner No.1 agreed that he will transfer the existing
matrimonial home situated at Porbhandar Road in the name of
Petitioner No. 2 and that the Petitioner No.1 will take the full
responsibility of their son Arnav with regards to his education and all
other incidental expenses till he is financially independent.
e) That both the petitioners will not file any complaints / cases against
each other arising out of their matrimonial indifferences in the past,
which are amicably resolved by and between the petitioners herein,
hence both the petitioners agreed not to file any complaints, cases,
counter complaints, court proceedings under any provisions of law and
or sections covered under the Indian Penal Code and or any other acts
against each other and or each other’s family members anytime in
future in view of this amicable settlement for divorce by mutual
consent.

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f) Petitioner No.1 and Petitioner No.2 have mutually agreed and decided
that there shall not be any interference of any kind in their personal
life by each other.
g) Whatever submitted in these Consent Terms is binding upon both
petitioners.

9. The Petitioners states that, both the Petitioners states that, they are
residing separately since 22/02/2021 i.e. last more than 2 years and there
is no probability or possibility of both the Petitioners staying together as
Husband & Wife, therefore the Petitioners have mutually agreed that the
marriage between them be dissolved as per the provisions of law.

10. The Petitioners state that, they will not have any claims of whatsoever
nature against each other for the past, present and in future. Both the
Petitioners will not claim any maintenance, property, articles, personal
belongings etc. from each other.

11. The Petitioners states that the Petitioner No. 1 & 2 are resident of Thane,
and they have annexed hereto and marked Exhibit “D” (Colly).copies of
Aadhar Card being their residential proofs.
12.The Petitioners state that, whatever submitted in the Consent Terms is
binding upon both the petitioners and that the contents of these consent
terms are made to understand to both the petitioners in their respective
vernacular language. That both the petitioners have filed consent terms
with their sweet will and wish and without any force, pressure, coercion
from anybody else.

13. That the Petitioners got married at Thane (West), while the Petitioner No.
1 & 2, are residing within the local jurisdiction of this Hon'ble Court and
therefore, this Hon'ble Court has Jurisdiction to try and entertain this
Mutual Consent Divorce Petition.

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14. The Petitioners state that, the Petitioners do hereby declare and confirm
that, this Petition is preferred by them is not collusive.

15. The Petitioners state that there is no coercion, force, fraud, undue
influence, misrepresentation etc. in filing the present Petition and our
consent is free.

16. The Petitioners state that there is no collusion & connivance between the
Petitioners while filing the present Petition.

17. The Petitioners have paid requisite Court Fees of Rs.100/- on the Petition.

18. In the above circumstances, both the Petitioners pray that:-

(a) This Hon’ble Court be pleased to dissolve the marriage between

the Petitioners solemnized on 24/05/2010 at Thane (West),
according to Bauddha Vedic Rites and ceremonies by the decree
of Divorce by mutual consent u/s 13 B of The Hindu Marriage Act,
1955 ;
(b) The “Consent Terms” be made part of the Decree;
(c) Such other and further reliefs as this Hon’ble Court may deem fit
and proper by this Hon’ble Court.
Thane, Dated this 15th day of March, 2023

Advocates for Petitioner No. 1 Petitioner No. 1

Advocates for Petitioner No. 2 Petitioner No. 2

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