Civil Procedure Code-IISemester VIII, Batch 2011-2016List of Project topic allotted (Division B)NameTopic

UrfeeRoomi1. A suit is filed before the Civil judge, Tis Hazari Courts by Vikas Law House, legal book seller on 01.12.14 to recover an amount of Rs. 5 lacs from Legal Remedies, a law firm. The four invoices which form a part of the suit are dated 01.11.14, 22.10.13, 12.06.12 and 10.12.11. In March 2015, when issues were framed, Vikas Law House found that Legal Remedies owes another sum of Rs. One lac by way of invoice dated 05.12.11. The counsel for Vikas Law House files an application under order VI Rule 17 for amendment of the suit in order to include the left over invoice. Draft an appropriate reply to the application under order 6 rule 17 on behalf of Legal Remedies.

Dishti Titus2. Jain Book Agency in Connaught Place regularly supplies newspapers, books and periodicals to business entities. Creative Solutions is a consultancy having an office at Statesman House, Kasturba Gandhi Marg, New Delhi. Creative Solutions approach Jain Book Agency on 28 June 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. As per the terms of contract, Creative Solutions deposited an advance of Rs. 50,000/- through a post dated cheque for July 29, 2014 which Jain Book Agency accepted. On deposit the cheque was returned dishonoured by Jain Book Agencys bankers. Jain Book Agency is advised to file a suit for recovery of the total outstanding amount of Rupees Seventy five thousand from Creative Solutions. Draft an appropriate suit for recovery on the above facts specifying the territorial and pecuniary jurisdiction of the court in which the suit will be filed and the court fee to be paid.

SaumyaParmarthi3. Jain Book Agency in Connaught Place regularly supplies newspapers, books and periodicals to business entities. Creative Solutions is a consultancy having an office at Statesman House, Kasturba Gandhi Marg, New Delhi. Creative Solutions approach Jain Book Agency on 28 June 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. Jain Book Agency insisted on an advance before commencing supply. Creative Solutions deposited an advance of Rs. 50,000/- through a post dated cheque for July 29, 2014 which Jain Book Agency accepted. On deposit the cheque was returned dishonoured by Jain Book Agencys bankers. Jain Book Agency does not want to do any more business with Creative and wants a speedy remedy to recover the total outstanding amount of Rupees Seventy five thousand from Creative Solutions. Prepare the appropriate filing for Jain Book in the above facts and circumstances in the correct jurisdiction.

Mitali Mote4. A suit for possession filed by one X against Y and Z is pending in Karkardooma courts since 2009, seeking eviction of Y and Z from a House property in Trilok Puri. Z who is the unmarried sister of Y is bed ridden and paralysed since 2008. Z was looking after the family affairs for several years till she fell sick. The court decrees the suit in favour of X on 01.02.2014. After the decree of eviction is passed Z dies. On 03.03.2014, Y files a petition for obtaining a succession certificate for movable properties of Z. In the contents of the petition Y also asks for permission of the Court to break open the locker of Z which is situated at P and S Bank at Patparganj, Delhi. The court grants the prayer of Y and appoints a local commissioner in whose presence the locker shall be broken open. On 05.04.2014 on breaking open the locker of Z, Y discovers certain original conveyance papers. On a closer look Y discovers that X had sold the said House in Trilok Puri to Z in 2007 against a sale consideration of 1,20,000/-. In the meantime an execution for the decree of eviction dated 01.02.2014 has been filed by X. Y has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume the identities and other necessary details.

Rangam Sharma5. According to Section 34 of the SARFAESI Act, no civil court has jurisdiction to try a matter which the DRT has the power to decide under the SARFAESI Act. Ms. Q avails a housing loan against security of her house from TUDOR Finance at Nehru Place. Q is unable to make payment against the loan amount and her loan is recalled by TUDOR Finance. TUDOR Finance initiates SARFAESI proceedings against Q. Instead of approaching DRT, Q approaches ADJ, Saket Courts in a Suit for Injunction against TUDOR Finance along with an application for interim relief under Order 39 rules 1 and 2 CPC. The ADJ, Saket grants an interim injunction against TUDOR Finance. TUDOR Finance is aggrieved by the Order of the ADJ and has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume the identities and other necessary details.

Lakshya Sharma6. Airconnect is an airline having its head office in Bangaluru. Fly Smart is a General Sales Agent (GSA) of Airconnect for North India having its Regd. Office in New Delhi. Due to the cancellation of its licence by Ministry of Aviation, Airconnect shuts down its flights abruptly. Consequently, Fly Smart is saddled with a huge outstanding debt from Airconnect on account of refund towards the cancelled tickets. Fly Smart has to recover a total sum of Rs. 25 lacs as per refund vouchers and has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume other necessary details.

NainshreeGoyal7. Section 8 of the Arbitration and Concilliation Act 1996 states that no suit shall be entertained by the civil court when there is an arbitration clause between the parties, and the Court shall refer the parties to arbitration. Airconnect is an airline having its head office in Bangaluru. Fly Smart is a General Sales Agent (GSA) of Airconnect for North India having its Regd. Office in New Delhi. Airconnect has an agreement with its GSA signed at Bengaluru, which has a dispute resolution clause which clearly states that all disputes between the parties shall be resolved by way of arbitration. Due to the cancellation of its licence by Ministry of Aviation, Airconnect shuts down its flights abruptly. Consequently, Fly Smart is saddled with a huge outstanding debt from Airconnect on account of refund towards the cancelled tickets. Fly Smart has to recover a total sum of Rs. 25 lacs as per refund vouchers and has filed a suit for recovery against Airconnect at New Delhi. Airconnect is aggrieved by the suit filed by Fly Smart at New Delhi. Prepare appropriate filing/s under the relevant provisions of CPC to challenge the suit.

AnkitaTandon8. Air Waves is a telecom company which has several franchisees in Western India. The head office of Air Waves is at Mumbai. Peter Pan Communications with its head office at Ahemdabad is a Franchisee of Air Waves vide agreement dated 01.04.2009 signed at Mumbai. Pursuant to the cancellation of 2G licences by the order of the Honble Supreme Court dated Feb 2, 2012, Air Waves loses its licence and is unable to sustain its business. Consequently, Peter Pan communications is saddled with several unpaid invoices viz dated 15.10.10 for Rs. 39,000, dated 25.12.2010 for Rs. 45,000, dated 15.01.2011 for Rs. 50,000 and thereafter for Rs 1 lac per month from 15.02.2011 upto June 2012 from Air Waves. Despite the order of Supreme Court, the telecom companies were hopeful of a different outcome and Air Waves has issued written assurance to its associates that it would fulfil all commitments. However, it was unable to do so. Left with no choice in Dec 2013, Peter Pan Communications has approached you for an appropriate remedy. Initiate the necessary proceedings in the correct jurisdiction with appropriate filing on behalf of Peter Pan for its claim against Air Waves.

AshutoshUpadhyaya9. Ashok who lives in Solan has filed a petition in Solan Courts for restitution of conjugal rights against his wife Mohini who lives in Dharamshala with their little son Amitabh and her parents. Mohini is a school teacher and has filed for divorce in Dharamshala. She finds it expensive to travel to Solan on each date of hearing of restitution proceedings. Mohini has engaged you for advice regarding her predicament. Decide a remedy and draft the necessary papers for Mohini under the relevant provision/s of law to be filed in the relevant court.

Anuj Srivastava10. A suit for recovery was filed by Apollo Hospital against Ranbaxy Pharma on 02.02.2013 and the court by way of an interim order dated 05.05.14 directed Ranbaxy Pharma to deposit Rs. 3.5 lacs which is the admitted amount with Apollo Hospital. The sum was deposited on 01.06.2014. A money decree for an Amount of Rs. 19,00,000/- along with interest @ 18% p.a from the date of filing and legal costs and expenses of Rs. 65,000/- is passed by the Court of Additional District Judge, New Delhi, Saket Courts in favour of Apollo Hospital on Jan 31, 2015. Despite several reminders and notices Ranbaxy Pharma does not pay the decretal amount to Apollo Hospital. Draft a petition for execution for Apollo Hospital in the appropriate court. Assume other necessary details.

Rhea Srivastava11. A suit for injunction was filed by Nathu Pal Singh of Trilokpuri against BSES Yamuna Power Limited on 02.05.2011 before Civil Judge, Delhi, Karkardooma Courts, seeking injunction from recovery of demand raised for alleged theft of electricity. The court while granting interim injunction against disconnection by way of order dated 05.05.11 directed Nathu Pal Singh to deposit Rs. 3.5 lacs with the electricity company. In Dec 2014, the court allowed the suit and quashed the bill, however failed to make any order regarding the amount deposited on 12.05.11 by Nathu Pal Singh pursuant to the conditional injunction. Advice Nathu Pal Singh and prepare an appropriate application/ petition on his behalf.

Vikrant Yadav12. MGR Developers has its head office at Delhi and is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township, a receipt is issued to him against the earnest money received and possession is promised within three years. In the meantime, Raghav is expected to raise a loan and pay 80% of balance cost towards the Villa within two months of the deposit. Raghav is unable to raise a loan because he is informed that the project is not approved by the authorities. After two and half months of depositing the earnest money, Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav wants to file a suit for recovery against MGR Developers along with damages and compensation. Determine the suit amount and draft the suit along with a list of necessary documents for filing in the appropriate jurisdiction and indicate the necessary court fees.

Parakram Roy13. MGR Developers has its head office at Chandigarh, branch office in Vasant Kunj, New Delhi and is building a township in Cybercity, Gurgaon where it has a site office. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers after seeing a sample villa at the site. Raghav is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa and 80% of the balance cost within three months of booking. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township on 02.02.2014, a receipt is issued to him against the earnest money received and possession is promised within three years. In the meantime, Raghav is expected to raise a loan to pay the entire amount towards the Villa. However, even after four months of depositing the earnest money, Raghav did not pay the 80% amount. Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers on 01.07.14. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav has filed a suit for specific performance and in the alternative for recovery along with damages at Saket Courts, New Delhi on September 3, 2014 with Rs. 500 as court fees. Draft an appropriate response to this suit on behalf of MGR Developers.

Ankit Agarwal14. MGR Developers has its head office at Delhi and is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township, a receipt is issued to him against the earnest money received and a promise to hand over possession in three years time. In the meantime, Raghav is expected to raise a loan and pay 80% of balance cost towards the Villa within two months of the deposit. Raghav is unable to raise a loan because he is informed that the project is not approved by the authorities. After two and half months of depositing the earnest money, Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav files a suit for recovery and the court decrees the suit in favour of Raghav. A few months later Raghav is advised by an advocate that he should have prayed for interest on the earnest money deposited by him with MGR Developers. Raghav prefers a suit praying for recovery of interest on the decretal amount granted in the earlier suit. MGR Developers has approached you for advice. Draft the WS for MGR taking the necessary objections.

LavanyaPandit15. MGR Developers is building a township in Cybercity. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime, Raghav is expected to raise a loan and pay the entire amount towards the Villa. Raghav approached ICPT Bank for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the entire loan amount to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. Raghav sends them a reminder and waits patiently. After passing of one and half years Raghav meets the MD of MGR Developers who assures him that the letter shall be issued soon. In the meantime, Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. After passing of six more months Raghav decides to file a suit for recovery against MGR Developers. The Court issues a notice to MGR Developers and they appear before the Court and file a written statement. In the meantime, ICPT Bank gains knowledge of the subject suit from MGR Developers. ICPT Bank wishes to join the proceedings in the subject suit since the loan amount against the subject Villa has been disbursed by ICPT Bank. Draft an appropriate application for ICPT Bank under the relevant provisions of law.

Subrato Ghosh16. MGR Developers with its head office in New Delhi is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at the Vasant Kunj, New Delhi office, who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime Raghav is expected to raise a loan and pay 80% of the balance cost towards the Villa. Raghav approached ICPT Bank, New Delhi for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the necessary sum to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. In the meantime Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. Raghav decides to file a suit for recovery against MGR Developers in Delhi High Court. The Court issues a notice to MGR Developers and they appear before the Court and file a written statement. The court decrees the suit in favour of Raghav on 15.02.15. ICPT Bank gains knowledge of the decree in favour of Raghav. Aggrieved by the decree in favour of Raghav, ICPT Bank which has actually made the payment against the subject Villa to MGR Developers has approached you for advice. Prepare the requisite draft to initiate whatever proceedings are necessary on behalf of the bank, in the appropriate court, indicating the court fee and the period of limitation, if any.

Aditi Kharpate17. MGR Developers with its head office in New Delhi is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at the Vasant Kunj, New Delhi office, who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime Raghav is expected to raise a loan and pay 80% of the balance cost towards the Villa. Raghav approached ICPT Bank (Mumbai), with its branch at Bhikaji Cama Place, New Delhi for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the necessary sum to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. In the meantime Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. Raghav decides to file a suit for recovery on 02.01.2013 against MGR Developers in Delhi High Court making the Bank a proper party, however giving the address of the Head office of the Bank at Mumbai. Raghav has concealed that he has defaulted in repayment to the bank and the bank has initiated separate proceedings against him. The Court issues a notice to both defendants at the address provided by Raghav. MGR Developers appears before the Court and files a written statement. The Bank does not appear despite service at Mumbai and is proceeded against exparte on 05.04. 2013. The court decrees the suit in favour of Raghav on 31.10.2014. On or about 15.11.2014, ICPT Bank, Bhikaji Cama Place Branch is informed by the builder, regarding the decree in favour of Raghav. Aggrieved by the order of the Court, ICPT Bank which has actually made the payment against the subject Villa to MGR Developers has approached you for advice. Prepare the requisite draft to initiate whatever proceedings are necessary on behalf of the bank, in the appropriate court, indicating the court fee and the period of limitation, if any.

Palak Mahajan18. Harish Pant resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house. Santosh Singh the adjoining resident finds that due to the construction activities being carried out next door cracks are appearing in the walls of his house. On further investigation he also finds that a basement is not allowed in the area as per building byelaws. There are many other violations which are likely to weaken the structure of Santosh Singhs house. However, the MCD is not taking any action despite many requests orally and in writing. Santosh Singh has approached you for advice. Draft a suitable plaint on his behalf against the concerned persons to be filed in the court of appropriate jurisdiction, indicating the court fee paid. Enclose a list of supporting documents.

Mannat Sandhu19. Harish Pant resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house which is not permitted as per building byelaws. Santosh Singh apprehends damage to his house and has written to the MCD who have not taken any action. Santosh Singh has filed a suit in the court of appropriate jurisdiction. During the pendency of the suit, Santosh Singh found that cracks are appearing in the walls of his house and water is seeping through the walls of his house. Despite requests the persons working on the premises are not allowing him to enter the premises to see what construction is being carried on inside and Harish Pant is avoiding all contact. You are the counsel prosecuting the case, draft necessary application/s for urgent relief in the suit.

SnehaPrasannan20. Santosh Singh resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house which is not permitted as per building byelaws. Harish Pant apprehends damage to his house and has written to the MCD who have not taken any action. Harish Pant has filed a suit in the court of appropriate jurisdiction. The Court has restrained Santosh Singh from carrying out any further construction and maintain status quo till the disposal of the suit. Despite the restraint order of the Court Santosh Singh is continuing the construction activity. Draft an application on behalf of Harish Pant against violation of the court order under the relevant provisions of CPC.

Natasha Bardia21. Shamsher Singh resident of Lajpat nagar, New Delhi is reconstructing his house property to make an extra floor and a basement in his house. P.K Jain, owner of the adjoining house, apprehending damage to his property has written to the MCD who have not taken any action. P.K Jain has filed a suit in the court of appropriate jurisdiction claiming that the construction is not permitted as per building byelaws and that it is causing nuisance and that the structure of his property will be weakened. The Court restrains Shamsher Singh from further construction during the pendency of the suit. Shamsher Singh is aggrieved by the order considering the same illegal and unjustified. He wants to challenge the restraint order. File an appropriate petition on his behalf under the relevant provisions of CPC.

Kiran Mishra22. Pritam Singh is in possession of certain securities in the form of bonds and Kisan Vikas Patras of a total value of Rs. 1.5 lacs and some jwellery worth approximately one lac belonging to his employee Sher Singh belonging to Ropar who had placed the same with Pritam Singh for safe keeping while in his employment in his automobile work shop in Karol Bagh New Delhi. Sher Singh died on Nov 30, 2014. One Parminder Singh is claiming the securities and valuables from Pritam Singh as the adopted son of deceased Sher Singh. The valuables are also being claimed by Jeet Kaur as the wife of the deceased. Pritam Singh is aggrieved with being stuck between the two claimants. Pritam Singh desires to be freed from the responsibility of the valuables. How will such relief be possible? Determine a remedy and prepare the necessary filing.

Aditi Sushree23. Wood &Co., Timber merchants having their head office at Ghazipur in Delhi have on March 3, 2014 filed a suit for recovery of Rs. 16 lacs against Haribhai Patel resident and working for gain at Ahemdabad, in District Court Tis Hazari. Wood & Co. are claiming the price of wooden sleepers supplied to Haribhai April 2012 to Dec 2013 by way of ten invoices filed with the plaint. The goods were duly received at Haribhais factory at Ahemdabad. Hari bhai Patel claims he has supplied fifteen lacs worth of finished wooden articles to the show room of the plaintiff at Mumbai for which he has the necessary invoices and delivery receipts. He is claiming a further adjustment of Rs. Three lacs towards costs, expenses and defective goods by way of credit notes issued by the plaintiff. Draft an appropriate response on behalf of Haribhai alongwith the list of supporting documents.

Shubhangi Arora24. Forest Essentials, Timber merchants having their head office at Faridabad have on March 3, 2015 filed a suit for recovery of Rs. 16 lacs in District Court Tis Hazari against Neel Kamal Traders working for gain at Ahemdabad. Forest Essentials are claiming the price of wooden sleepers supplied to Hiren Shah, sole proprietor of Neel Kamal Traders in April 2012 to Dec 2013 by way of ten invoices filed with the plaint. The invoices have been issued at the factory of the plaintiff Co. in Rewari from where the goods were despatched. The goods were received at Hiren bhais factory at Ahemdabad. It is the plaintiffs case that the order for the goods was telephonically placed in the marketing office in Delhi, however, no documentary proof has been annexed. Hiren bhai claims he has supplied ten lacs worth of furniture to the show room of the plaintiff at Mumbai for which he has shown you the necessary invoices and delivery receipts. He is claiming a further adjustment of Rs. Three lacs towards costs, expenses and defective goods for which he has shown you credit notes issued by the plaintiff. Hiren bhai was advised by a lawyer in Ahemdabad that the suit is not maintainable in Tis Hazari, however, he wants to pay the admitted liability of Rs. Three lacs in court, not wanting to incur any interest on that sum. Draft the necessary application/s on behalf of Haribhai Patel.

Shubham Gupta25. Sudipto Banerjee has been living in a rented first floor with his two friends Srinath and Ravi Majumdar in Mukherji Nagar for Rs. 8000 per month for the past two years preparing for various competitive exams. There is no written rent agreement. The landlord Sh. P.K Jain who lives on the ground floor wanted higher rent which Sudipto and his friends were not willing to pay. The landlord has filed a suit for possession without any prior notice claiming that the boys are paying guests. Sudipto has shown you monthly receipts for Rs. 8000/- for the past years, MTNL fixed line bills in his name, installation receipt of dish antenna on the first floor in his name, receipts for electricity bills paid by him for the first floor meter (meter in the name of landlord). Sudipto and his friends are constantly being harassed by the landlord, who deliberately locks the outer gate, when the boys are at coaching. He has also tampered with the water tank on the terrace making the boys life miserable. They are constantly threatened that he will throw their belongings on the road. Draft an appropriate response to the suit on behalf of Sudipto and his friends along with a suitable remedy against the harassment.

Jaskaran Singh26. Your client Sh. P.K Jain has given out the first floor of his house in Mukherji Nagar @ Rs. 8000 per month for the past two years to Sudipto Banerjee, Srinath and Ravi Majumdar who are preparing for various competitive exams and sharing the accomodation. Sh. P.K Jains wife prepares breakfast and dinner for the boys for which they pay separately. There is no written agreement. However, your client has regularly been issuing receipts towards the monthly payments in the name of Sudipto Banerjee. Your client wants more money as similar properties in the area are fetching nearly Rs. 15,000 per month, which Sudipto and his friends were not willing to pay. The boys have got installed an MTNL fixed line and bills are being received in the name of Sudipto. The boys have their separate dish antenna on the first floor. The boys pay for electricity consumption as per bills for the first floor meter in the name of Sh. P.K Jain. Your client and his family are very harassed, disturbed and apprehensive, as there are boys and girls constantly camping on the first floor and coming and going at all hours. Despite several requests, the boys are not vacating the premises. Draft an appropriate plaint and an application for interim relief on behalf of Sh. P. K Jain for filing in the court of appropriate jurisdiction.

RidhiMunjal27. Z files a suit for possession against Y and S in 2014, seeking their eviction from House no. 2, Karol Bagh, New Delhi. S who is the unmarried sister of Y is bed ridden and paralysed. S is older to Y and was looking after the family affairs for several years till she fell sick. She died during the pendency of the case. It is Ys case that S had purchased the house from Z in 2007 against a sale consideration of 1,20,000/-. Y filed two depositions of A and B who claimed to be witnesses to the sale transaction. Z in his evidence is relying on an unstamped lease deed which the court has taken on record vide order dated Mar 3, 2014. Y sought time to search out the sale deed from his sisters effects which is declined by the court vide the same order on the ground that the evidence has already been led and no further time can be granted. Y has located the sale deed from his deceased sisters locker and wants to challenge the order of March 3. Draft an appropriate petition on Ys behalf.

MehakHuria28. Anand Prakash and Brahm Dutt are owners of adjacent houses in Malviya Nagar, Delhi. Anands house is higher than Brahm Dutts house. Through an upper storey window Anand has enjoyed light and air for 30 years peaceably as an easement. Brahm Dutt starts to build another storey to his house. Anand apprehends that the light and air enjoyed by him through the window will be cut off, if Brahm Dutt is allowed to build another storey to his house. Prepare a suit on behalf of protecting his right of easement of light and air through the window and restraining Brahm Dutt from adding another storey to his house or interfering with his right to light and air in any other manner. Draft any other application for interim relief which you feel is necessary in the circumstances.

RadhikaDhawan29. Anand Prakash and Brahm Dutt are owners of adjacent houses in Malviya Nagar, Delhi. Anands house is higher than Brahm Dutts house. Through an upper storey window Anand has enjoyed light and air for 30 years peaceably as an easement. Brahm Dutt starts to build another storey to his house. Anand apprehends that the light and air enjoyed by him through the window will be cut off, if Brahm Dutt is allowed to build another storey to his house. Anand has filed a suit for protecting his right of easement of light and air through the window and restraining Brahm Dutt from adding another storey to his house or interfering with his right to light and air in any other manner. An application for temporary injunction has also been filed. Draft a written statement in the suit and a reply to the injunction application

NishantDoshi30. Anand Prakash has filed a suit for partition of their residential house against his brother Brahm Prakash. Brahm Prakash and his wife Arunima die in an accident pending the suit leaving behind their minor son Atul who is now in the care and custody of Anand Prakash. Draft the necessary application/s so that the suit may continue and be duly adjudicated.

Reeva Chugh31. Rashmi Chopra took a personal loan of Rs. 3.5 lacs from Easy Finance Pvt. Ltd. (EFPL). She failed to repay the loan and EFPL has filed a suit for recovery of Rs. 5 lacs (principal and interest) against Rashmi Chopra before Civil Judge, Tis Hazari courts. On 05.01.15 when the case was fixed for hearing, the counsel for EFPL did not appear and the suit was dismissed in default. The counsel filed an application for setting aside the order dated 05.01.15, stating that he had inadvertently noted a wrong date of hearing. The court was not satisfied with the argument of the counsel especially since no evidence in support had been filed. The application was dismissed by the Civil Judge on 05.02.15. EFPL is aggrieved by the conduct of the lawyer and has removed him from their panel of lawyers. You have been approached on 07.03.15 to take the necessary legal recourse against the order dated 05.02.15 of the Civil Judge. Prepare the required filing.

AnimeshKatiyar32. A suit is filed before the Civil judge, Tis Hazari Courts by Vikas Law House, legal book seller on 01.12.14 to recover an amount of Rs. 5 lacs from Legal Remedies, a law firm. The four invoices which form a part of the suit are dated 01.11.14, 22.10.13, 12.06.12 and 10.12.11. In March 2015, when issues were framed, Vikas Law House found that Legal Remedies owes another sum of Rs. One lac by way of invoice dated 05.12.11. The counsel for Vikas Law House files an application under order VI Rule 17 for amendment of the suit in order to include the left over invoice. Draft an appropriate reply to the application under order 6 rule 17 on behalf of Legal Remedies.

Prerita Aggarwal33. Jain Book Agency in Connaught Place regularly supplies newspapers, books and periodicals to business entities. Creative Solutions is a consultancy having an office at Statesman House, Kasturba Gandhi Marg, New Delhi. Creative Solutions approach Jain Book Agency on 28 June 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. As per the terms of contract, Creative Solutions deposited an advance of Rs. 50,000/- through a post dated cheque for July 29, 2014 which Jain Book Agency accepted. On deposit the cheque was returned dishonoured by Jain Book Agencys bankers. Jain Book Agency is advised to file a suit for recovery of the total outstanding amount of Rupees Seventy five thousand from Creative Solutions. Draft an appropriate suit for recovery on the above facts specifying the territorial and pecuniary jurisdiction of the court in which the suit will be filed and the court fee to be paid.

AshutoshUttarwar34. Jain Book Agency in Connaught Place regularly supplies newspapers, books and periodicals to business entities. Creative Solutions is a consultancy having an office at Statesman House, Kasturba Gandhi Marg, New Delhi. Creative Solutions approach Jain Book Agency on 28 June 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. Jain Book Agency insisted on an advance before commencing supply. Creative Solutions deposited an advance of Rs. 50,000/- through a post dated cheque for July 29, 2014 which Jain Book Agency accepted. On deposit the cheque was returned dishonoured by Jain Book Agencys bankers. Jain Book Agency does not want to do any more business with Creative and wants a speedy remedy to recover the total outstanding amount of Rupees Seventy five thousand from Creative Solutions. Prepare the appropriate filing for Jain Book in the above facts and circumstances in the correct jurisdiction.

Srishti Jain35. A suit for possession filed by one X against Y and Z is pending in Karkardooma courts since 2009, seeking eviction of Y and Z from a House property in Trilok Puri. Z who is the unmarried sister of Y is bed ridden and paralysed since 2008. Z was looking after the family affairs for several years till she fell sick. The court decrees the suit in favour of X on 01.02.2014. After the decree of eviction is passed Z dies. On 03.03.2014, Y files a petition for obtaining a succession certificate for movable properties of Z. In the contents of the petition Y also asks for permission of the Court to break open the locker of Z which is situated at P and S Bank at Patparganj, Delhi. The court grants the prayer of Y and appoints a local commissioner in whose presence the locker shall be broken open. On 05.04.2014 on breaking open the locker of Z, Y discovers certain original conveyance papers. On a closer look Y discovers that X had sold the said House in Trilok Puri to Z in 2007 against a sale consideration of 1,20,000/-. In the meantime an execution for the decree of eviction dated 01.02.2014 has been filed by X. Y has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume the identities and other necessary details.

TanviGoyal36. According to Section 34 of the SARFAESI Act, no civil court has jurisdiction to try a matter which the DRT has the power to decide under the SARFAESI Act. Ms. Q avails a housing loan against security of her house from TUDOR Finance at Nehru Place. Q is unable to make payment against the loan amount and her loan is recalled by TUDOR Finance. TUDOR Finance initiates SARFAESI proceedings against Q. Instead of approaching DRT, Q approaches ADJ, Saket Courts in a Suit for Injunction against TUDOR Finance along with an application for interim relief under Order 39 rules 1 and 2 CPC. The ADJ, Saket grants an interim injunction against TUDOR Finance. TUDOR Finance is aggrieved by the Order of the ADJ and has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume the identities and other necessary details.

Priyash Sharma37. Airconnect is an airline having its head office in Bangaluru. Fly Smart is a General Sales Agent (GSA) of Airconnect for North India having its Regd. Office in New Delhi. Due to the cancellation of its licence by Ministry of Aviation, Airconnect shuts down its flights abruptly. Consequently, Fly Smart is saddled with a huge outstanding debt from Airconnect on account of refund towards the cancelled tickets. Fly Smart has to recover a total sum of Rs. 25 lacs as per refund vouchers and has approached you for advice. Select an appropriate remedy and draft the necessary papers for filing to the appropriate court on the basis of the above facts including all supplemental proceedings. Mention the necessary court fees. Assume other necessary details.

ShubhamGoyal38. Section 8 of the Arbitration and Concilliation Act 1996 states that no suit shall be entertained by the civil court when there is an arbitration clause between the parties, and the Court shall refer the parties to arbitration. Airconnect is an airline having its head office in Bangaluru. Fly Smart is a General Sales Agent (GSA) of Airconnect for North India having its Regd. Office in New Delhi. Airconnect has an agreement with its GSA signed at Bengaluru, which has a dispute resolution clause which clearly states that all disputes between the parties shall be resolved by way of arbitration. Due to the cancellation of its licence by Ministry of Aviation, Airconnect shuts down its flights abruptly. Consequently, Fly Smart is saddled with a huge outstanding debt from Airconnect on account of refund towards the cancelled tickets. Fly Smart has to recover a total sum of Rs. 25 lacs as per refund vouchers and has filed a suit for recovery against Airconnect at New Delhi. Airconnect is aggrieved by the suit filed by Fly Smart at New Delhi. Prepare appropriate filing/s under the relevant provisions of CPC to challenge the suit.

Astha39. Air Waves is a telecom company which has several franchisees in Western India. The head office of Air Waves is at Mumbai. Peter Pan Communications with its head office at Ahemdabad is a Franchisee of Air Waves vide agreement dated 01.04.2009 signed at Mumbai. Pursuant to the cancellation of 2G licences by the order of the Honble Supreme Court dated Feb 2, 2012, Air Waves loses its licence and is unable to sustain its business. Consequently, Peter Pan communications is saddled with several unpaid invoices viz dated 15.10.10 for Rs. 39,000, dated 25.12.2010 for Rs. 45,000, dated 15.01.2011 for Rs. 50,000 and thereafter for Rs 1 lac per month from 15.02.2011 upto June 2012 from Air Waves. Despite the order of Supreme Court, the telecom companies were hopeful of a different outcome and Air Waves has issued written assurance to its associates that it would fulfil all commitments. However, it was unable to do so. Left with no choice in Dec 2013, Peter Pan Communications has approached you for an appropriate remedy. Initiate the necessary proceedings in the correct jurisdiction with appropriate filing on behalf of Peter Pan for its claim against Air Waves.

DiwakarChakravorty40. Ashok who lives in Solan has filed a petition in Solan Courts for restitution of conjugal rights against his wife Mohini who lives in Dharamshala with their little son Amitabh and her parents. Mohini is a school teacher and has filed for divorce in Dharamshala. She finds it expensive to travel to Solan on each date of hearing of restitution proceedings. Mohini has engaged you for advice regarding her predicament. Decide a remedy and draft the necessary papers for Mohini under the relevant provision/s of law to be filed in the relevant court.

Shivangi Agarwal41. A suit for recovery was filed by Apollo Hospital against Ranbaxy Pharma on 02.02.2013 and the court by way of an interim order dated 05.05.14 directed Ranbaxy Pharma to deposit Rs. 3.5 lacs which is the admitted amount with Apollo Hospital. The sum was deposited on 01.06.2014. A money decree for an Amount of Rs. 19,00,000/- along with interest @ 18% p.a from the date of filing and legal costs and expenses of Rs. 65,000/- is passed by the Court of Additional District Judge, New Delhi, Saket Courts in favour of Apollo Hospital on Jan 31, 2015. Despite several reminders and notices Ranbaxy Pharma does not pay the decretal amount to Apollo Hospital. Draft a petition for execution for Apollo Hospital in the appropriate court. Assume other necessary details.

AkashTomar42. A suit for injunction was filed by Nathu Pal Singh of Trilokpuri against BSES Yamuna Power Limited on 02.05.2011 before Civil Judge, Delhi, Karkardooma Courts, seeking injunction from recovery of demand raised for alleged theft of electricity. The court while granting interim injunction against disconnection by way of order dated 05.05.11 directed Nathu Pal Singh to deposit Rs. 3.5 lacs with the electricity company. In Dec 2014, the court allowed the suit and quashed the bill, however failed to make any order regarding the amount deposited on 12.05.11 by Nathu Pal Singh pursuant to the conditional injunction. Advice Nathu Pal Singh and prepare an appropriate application/ petition on his behalf.

Shaurya Gupta43. MGR Developers has its head office at Delhi and is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township, a receipt is issued to him against the earnest money received and possession is promised within three years. In the meantime, Raghav is expected to raise a loan and pay 80% of balance cost towards the Villa within two months of the deposit. Raghav is unable to raise a loan because he is informed that the project is not approved by the authorities. After two and half months of depositing the earnest money, Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav wants to file a suit for recovery against MGR Developers along with damages and compensation. Determine the suit amount and draft the suit along with a list of necessary documents for filing in the appropriate jurisdiction and indicate the necessary court fees.

Shantanu Tiwari44. MGR Developers has its head office at Chandigarh, branch office in Vasant Kunj, New Delhi and is building a township in Cybercity, Gurgaon where it has a site office. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers after seeing a sample villa at the site. Raghav is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa and 80% of the balance cost within three months of booking. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township on 02.02.2014, a receipt is issued to him against the earnest money received and possession is promised within three years. In the meantime, Raghav is expected to raise a loan to pay the entire amount towards the Villa. However, even after four months of depositing the earnest money, Raghav did not pay the 80% amount. Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers on 01.07.14. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav has filed a suit for specific performance and in the alternative for recovery along with damages at Saket Courts, New Delhi on September 3, 2014 with Rs. 500 as court fees. Draft an appropriate response to this suit on behalf of MGR Developers.

Vatsala Singh45. MGR Developers has its head office at Delhi and is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at their site office at the proposed township, a receipt is issued to him against the earnest money received and a promise to hand over possession in three years time. In the meantime, Raghav is expected to raise a loan and pay 80% of balance cost towards the Villa within two months of the deposit. Raghav is unable to raise a loan because he is informed that the project is not approved by the authorities. After two and half months of depositing the earnest money, Raghav receives a letter of cancellation and forfeiture of Earnest money from MGR Developers. Raghav is shocked at the contents of the letter and contacts the management of MGR Developers but does not receive any response from them. Raghav files a suit for recovery and the court decrees the suit in favour of Raghav. A few months later Raghav is advised by an advocate that he should have prayed for interest on the earnest money deposited by him with MGR Developers. Raghav prefers a suit praying for recovery of interest on the decretal amount granted in the earlier suit. MGR Developers has approached you for advice. Draft the WS for MGR taking the necessary objections.

Purva Sehgal46. MGR Developers is building a township in Cybercity. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime, Raghav is expected to raise a loan and pay the entire amount towards the Villa. Raghav approached ICPT Bank for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the entire loan amount to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. Raghav sends them a reminder and waits patiently. After passing of one and half years Raghav meets the MD of MGR Developers who assures him that the letter shall be issued soon. In the meantime, Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. After passing of six more months Raghav decides to file a suit for recovery against MGR Developers. The Court issues a notice to MGR Developers and they appear before the Court and file a written statement. In the meantime, ICPT Bank gains knowledge of the subject suit from MGR Developers. ICPT Bank wishes to join the proceedings in the subject suit since the loan amount against the subject Villa has been disbursed by ICPT Bank. Draft an appropriate application for ICPT Bank under the relevant provisions of law.

Eshan Ghosh47. MGR Developers with its head office in New Delhi is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at the Vasant Kunj, New Delhi office, who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime Raghav is expected to raise a loan and pay 80% of the balance cost towards the Villa. Raghav approached ICPT Bank, New Delhi for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the necessary sum to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. In the meantime Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. Raghav decides to file a suit for recovery against MGR Developers in Delhi High Court. The Court issues a notice to MGR Developers and they appear before the Court and file a written statement. The court decrees the suit in favour of Raghav on 15.02.15. ICPT Bank gains knowledge of the decree in favour of Raghav. Aggrieved by the decree in favour of Raghav, ICPT Bank which has actually made the payment against the subject Villa to MGR Developers has approached you for advice. Prepare the requisite draft to initiate whatever proceedings are necessary on behalf of the bank, in the appropriate court, indicating the court fee and the period of limitation, if any.

Anish Vohra48. MGR Developers with its head office in New Delhi is building a township in Cybercity, Gurgaon. Raghav is an employee with a Delhi based law firm and plans to invest in a Villa in the township being built by MGR Developers. Raghav contacts MGR Developers and is informed that a Villa will cost him 3 Crores and Raghav will have to pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to this stipulation and signs the contract with MGR Developers at the Vasant Kunj, New Delhi office, who issue him a receipt against the earnest money and promise to hand over possession in three years time. In the meantime Raghav is expected to raise a loan and pay 80% of the balance cost towards the Villa. Raghav approached ICPT Bank (Mumbai), with its branch at Bhikaji Cama Place, New Delhi for a loan. The loan is sanctioned in favour of Raghav and ICPT Bank disburses the necessary sum to MGR Developers on behalf of Raghav. Raghav writes to MGR Developers for issuance of allotment letter in his favour. But MGR Developers fail to do the same. In the meantime Raghav starts defaulting in his repayment of loan amount and his loan amount is classified as NPA / Bad / Non paying / irregular account. Raghav decides to file a suit for recovery on 02.01.2013 against MGR Developers in Delhi High Court making the Bank a proper party, however giving the address of the Head office of the Bank at Mumbai. Raghav has concealed that he has defaulted in repayment to the bank and the bank has initiated separate proceedings against him. The Court issues a notice to both defendants at the address provided by Raghav. MGR Developers appears before the Court and files a written statement. The Bank does not appear despite service at Mumbai and is proceeded against exparte on 05.04. 2013. The court decrees the suit in favour of Raghav on 31.10.2014. On or about 15.11.2014, ICPT Bank, Bhikaji Cama Place Branch is informed by the builder, regarding the decree in favour of Raghav. Aggrieved by the order of the Court, ICPT Bank which has actually made the payment against the subject Villa to MGR Developers has approached you for advice. Prepare the requisite draft to initiate whatever proceedings are necessary on behalf of the bank, in the appropriate court, indicating the court fee and the period of limitation, if any.

Vijiya Singh49. Harish Pant resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house. Santosh Singh the adjoining resident finds that due to the construction activities being carried out next door cracks are appearing in the walls of his house. On further investigation he also finds that a basement is not allowed in the area as per building byelaws. There are many other violations which are likely to weaken the structure of Santosh Singhs house. However, the MCD is not taking any action despite many requests orally and in writing. Santosh Singh has approached you for advice. Draft a suitable plaint on his behalf against the concerned persons to be filed in the court of appropriate jurisdiction, indicating the court fee paid. Enclose a list of supporting documents.

MehaVerma50. Harish Pant resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house which is not permitted as per building byelaws. Santosh Singh apprehends damage to his house and has written to the MCD who have not taken any action. Santosh Singh has filed a suit in the court of appropriate jurisdiction. During the pendency of the suit, Santosh Singh found that cracks are appearing in the walls of his house and water is seeping through the walls of his house. Despite requests the persons working on the premises are not allowing him to enter the premises to see what construction is being carried on inside and Harish Pant is avoiding all contact. You are the counsel prosecuting the case, draft necessary application/s for urgent relief in the suit.

Nikita Sharma51. Santosh Singh resident of Anand Vihar, Delhi is reconstructing his house property to make an extra floor and a basement in his house which is not permitted as per building byelaws. Harish Pant apprehends damage to his house and has written to the MCD who have not taken any action. Harish Pant has filed a suit in the court of appropriate jurisdiction. The Court has restrained Santosh Singh from carrying out any further construction and maintain status quo till the disposal of the suit. Despite the restraint order of the Court Santosh Singh is continuing the construction activity. Draft an application on behalf of Harish Pant against violation of the court order under the relevant provisions of CPC.

Kamal Taneja52. Shamsher Singh resident of Lajpat nagar, New Delhi is reconstructing his house property to make an extra floor and a basement in his house. P.K Jain, owner of the adjoining house, apprehending damage to his property has written to the MCD who have not taken any action. P.K Jain has filed a suit in the court of appropriate jurisdiction claiming that the construction is not permitted as per building byelaws and that it is causing nuisance and that the structure of his property will be weakened. The Court restrains Shamsher Singh from further construction during the pendency of the suit. Shamsher Singh is aggrieved by the order considering the same illegal and unjustified. He wants to challenge the restraint order. File an appropriate petition on his behalf under the relevant provisions of CPC.

Sankalp Singh53. Pritam Singh is in possession of certain securities in the form of bonds and Kisan Vikas Patras of a total value of Rs. 1.5 lacs and some jwellery worth approximately one lac belonging to his employee Sher Singh belonging to Ropar who had placed the same with Pritam Singh for safe keeping while in his employment in his automobile work shop in Karol Bagh New Delhi. Sher Singh died on Nov 30, 2014. One Parminder Singh is claiming the securities and valuables from Pritam Singh as the adopted son of deceased Sher Singh. The valuables are also being claimed by Jeet Kaur as the wife of the deceased. Pritam Singh is aggrieved with being stuck between the two claimants. Pritam Singh desires to be freed from the responsibility of the valuables. How will such relief be possible? Determine a remedy and prepare the necessary filing.

Ajitesh Singh54. Wood &Co., Timber merchants having their head office at Ghazipur in Delhi have on March 3, 2014 filed a suit for recovery of Rs. 16 lacs against Haribhai Patel resident and working for gain at Ahemdabad, in District Court Tis Hazari. Wood & Co. are claiming the price of wooden sleepers supplied to Haribhai April 2012 to Dec 2013 by way of ten invoices filed with the plaint. The goods were duly received at Haribhais factory at Ahemdabad. Hari bhai Patel claims he has supplied fifteen lacs worth of finished wooden articles to the show room of the plaintiff at Mumbai for which he has the necessary invoices and delivery receipts. He is claiming a further adjustment of Rs. Three lacs towards costs, expenses and defective goods by way of credit notes issued by the plaintiff. Draft an appropriate response on behalf of Haribhai alongwith the list of supporting documents.

Swayam55. Forest Essentials, Timber merchants having their head office at Faridabad have on March 3, 2015 filed a suit for recovery of Rs. 16 lacs in District Court Tis Hazari against Neel Kamal Traders working for gain at Ahemdabad. Forest Essentials are claiming the price of wooden sleepers supplied to Hiren Shah, sole proprietor of Neel Kamal Traders in April 2012 to Dec 2013 by way of ten invoices filed with the plaint. The invoices have been issued at the factory of the plaintiff Co. in Rewari from where the goods were despatched. The goods were received at Hiren bhais factory at Ahemdabad. It is the plaintiffs case that the order for the goods was telephonically placed in the marketing office in Delhi, however, no documentary proof has been annexed. Hiren bhai claims he has supplied ten lacs worth of furniture to the show room of the plaintiff at Mumbai for which he has shown you the necessary invoices and delivery receipts. He is claiming a further adjustment of Rs. Three lacs towards costs, expenses and defective goods for which he has shown you credit notes issued by the plaintiff. Hiren bhai was advised by a lawyer in Ahemdabad that the suit is not maintainable in Tis Hazari, however, he wants to pay the admitted liability of Rs. Three lacs in court, not wanting to incur any interest on that sum. Draft the necessary application/s on behalf of Haribhai Patel.

Arshiya Mehta56. Sudipto Banerjee has been living in a rented first floor with his two friends Srinath and Ravi Majumdar in Mukherji Nagar for Rs. 8000 per month for the past two years preparing for various competitive exams. There is no written rent agreement. The landlord Sh. P.K Jain who lives on the ground floor wanted higher rent which Sudipto and his friends were not willing to pay. The landlord has filed a suit for possession without any prior notice claiming that the boys are paying guests. Sudipto has shown you monthly receipts for Rs. 8000/- for the past years, MTNL fixed line bills in his name, installation receipt of dish antenna on the first floor in his name, receipts for electricity bills paid by him for the first floor meter (meter in the name of landlord). Sudipto and his friends are constantly being harassed by the landlord, who deliberately locks the outer gate, when the boys are at coaching. He has also tampered with the water tank on the terrace making the boys life miserable. They are constantly threatened that he will throw their belongings on the road. Draft an appropriate response to the suit on behalf of Sudipto and his friends along with a suitable remedy against the harassment.

AshutoshUpadhyaya57. Your client Sh. P.K Jain has given out the first floor of his house in Mukherji Nagar @ Rs. 8000 per month for the past two years to Sudipto Banerjee, Srinath and Ravi Majumdar who are preparing for various competitive exams and sharing the accomodation. Sh. P.K Jains wife prepares breakfast and dinner for the boys for which they pay separately. There is no written agreement. However, your client has regularly been issuing receipts towards the monthly payments in the name of Sudipto Banerjee. Your client wants more money as similar properties in the area are fetching nearly Rs. 15,000 per month, which Sudipto and his friends were not willing to pay. The boys have got installed an MTNL fixed line and bills are being received in the name of Sudipto. The boys have their separate dish antenna on the first floor. The boys pay for electricity consumption as per bills for the first floor meter in the name of Sh. P.K Jain. Your client and his family are very harassed, disturbed and apprehensive, as there are boys and girls constantly camping on the first floor and coming and going at all hours. Despite several requests, the boys are not vacating the premises. Draft an appropriate plaint and an application for interim relief on behalf of Sh. P. K Jain for filing in the court of appropriate jurisdiction.

AkashSarna58. Z files a suit for possession against Y and S in 2014, seeking their eviction from House no. 2, Karol Bagh, New Delhi. S who is the unmarried sister of Y is bed ridden and paralysed. S is older to Y and was looking after the family affairs for several years till she fell sick. She died during the pendency of the case. It is Ys case that S had purchased the house from Z in 2007 against a sale consideration of 1,20,000/-. Y filed two depositions of A and B who claimed to be witnesses to the sale transaction. Z in his evidence is relying on an unstamped lease deed which the court has taken on record vide order dated Mar 3, 2014. Y sought time to search out the sale deed from his sisters effects which is declined by the court vide the same order on the ground that the evidence has already been led and no further time can be granted. Y has located the sale deed from his deceased sisters locker and wants to challenge the order of March 3. Draft an appropriate petition on Ys behalf.

59. Anand Prakash and Brahm Dutt are owners of adjacent houses in Malviya Nagar, Delhi. Anands house is higher than Brahm Dutts house. Through an upper storey window Anand has enjoyed light and air for 30 years peaceably as an easement. Brahm Dutt starts to build another storey to his house. Anand apprehends that the light and air enjoyed by him through the window will be cut off, if Brahm Dutt is allowed to build another storey to his house. Prepare a suit on behalf of protecting his right of easement of light and air through the window and restraining Brahm Dutt from adding another storey to his house or interfering with his right to light and air in any other manner. Draft any other application for interim relief which you feel is necessary in the circumstances.

60. Anand Prakash and Brahm Dutt are owners of adjacent houses in Malviya Nagar, Delhi. Anands house is higher than Brahm Dutts house. Through an upper storey window Anand has enjoyed light and air for 30 years peaceably as an easement. Brahm Dutt starts to build another storey to his house. Anand apprehends that the light and air enjoyed by him through the window will be cut off, if Brahm Dutt is allowed to build another storey to his house. Anand has filed a suit for protecting his right of easement of light and air through the window and restraining Brahm Dutt from adding another storey to his house or interfering with his right to light and air in any other manner. An application for temporary injunction has also been filed. Draft a written statement in the suit and a reply to the injunction application

61. Anand Prakash has filed a suit for partition of their residential house against his brother Brahm Prakash. Brahm Prakash and his wife Arunima die in an accident pending the suit leaving behind their minor son Atul who is now in the care and custody of Anand Prakash. Draft the necessary application/s so that the suit may continue and be duly adjudicated.

62. Rashmi Chopra took a personal loan of Rs. 3.5 lacs from Easy Finance Pvt. Ltd. (EFPL). She failed to repay the loan and EFPL has filed a suit for recovery of Rs. 5 lacs (principal and interest) against Rashmi Chopra before Civil Judge, Tis Hazari courts. On 05.01.15 when the case was fixed for hearing, the counsel for EFPL did not appear and the suit was dismissed in default. The counsel filed an application for setting aside the order dated 05.01.15, stating that he had inadvertently noted a wrong date of hearing. The court was not satisfied with the argument of the counsel especially since no evidence in support had been filed. The application was dismissed by the Civil Judge on 05.02.15. EFPL is aggrieved by the conduct of the lawyer and has removed him from their panel of lawyers. You have been approached on 07.03.15 to take the necessary legal recourse against the order dated 05.02.15 of the Civil Judge. Prepare the required filing.