CLINICAL IV - INTERNSHIP DIARY

SUBMITTED IN PARTIAL FULFILLMENT TO THE

REQUIREMENT FOR AWARD OF DEGREE B.A.
LL.B. (HONS.) [2016-2021]

SUBMITTED TO-
DR. S. Z.
AMANI
DEAN, FACULTY OF
LAW SUBMITTED
B Y-
ANANY UPADHYAY
XTH SEMESTER, FACULTY OF LAW

FACULTY OF LAW
JAMIA MILLIA ISLAMIA
APRIL 2020
 ACKNOWLEDGEMENT
The success and final outcome of this internship diary required lot of
guidance and support of many people and I am extremely fortunate to
gather all this along the completion of it.

I thank almighty for giving me the apt situations and possibilities to

work under. I owe my profound gratitude to Dr. S.Z Amani (Dean,
Faculty of Law) and Dr. Qazi Mohammad Usman (Associate Professor),
who guided me all through by providing all the necessary information
and instructions for developing it well.

I am heartily thankful and fortunate enough to get constant

encouragement, guidance and support from my parents for providing me
with all amenities and the apt environment for completion of the report
and diary successfully.

Further, I would like to thank Karanjawala & Co. for making all things
accessible and possible irrespective of the odds that came in-between
and being a support system at every step of this internship.

ANANY UPADHYAY

1
 DECLARATION
The following declaration is made regarding the internship report which has
been prepared by Anany Upadhyay during the course of his Internship at
Karanjawala & Co, New Delhi, in partial fulfillment for the award of B.A.
LL.B. (Hons.) Degree [2016-2021].

I hereby declare that the following internship report is originally prepared on

the work experience obtained during the tenure of internship from February
11, 2021 to March 31, 2021 and has not been submitted, in whole or in part,
to any other university or affiliated institute recognized by the Bar Council of
India for the award of any Degree or Diploma within the territory of India.
Certain personal details such as names of the parties and their identity
including their residential details etc. have been deliberately not mentioned in
the Internship Diary owing to the Non-Disclosure Agreement.

Anany Upadhyay

16BLW126

BA. LLB (Hons) Self – Finance

Faculty of Law Jamia Millia Islamia

2
 INDEX
S.NO. DATE CONTENTS PAGE
NO.
OF
1. INTERNSH
- INTERNSHIP CERTIFICATE 6

2. - ABBREVIATIONS 7

3. - ABOUT FIRM 9

4. - INTERNSHIP EXPERIENCE : OVERVIEW 10

5. 11.02.2021 11
 Studied case history of the
Consumer dispute
 Research on the topics related to
IBC (Insolvency and Bankruptcy
Code)
6. 12.02.2021 12
 Drafted Written Arguments
 Understanding the concept of
Trademarks and Trade mark
filing
 Research on topics related to IBC
7. 15. 02.2021  Drafted the written arguments 13
 Research on topics related to IBC

8. 17. 02.2021  Read and understood the procedure 14

of filing TMA
 Drafting of TM-6
 Visit to High Court
 Research on topics related to IBC
9. 18. 02.2021  Drafted reply to cross objections 15
on behalf of the appellant
 Drafted regular bail application
 Drafting of rejoinder
 Research on topics related to IBC
10. 19. 02.2021  Completed the draft rejoinder 16
 Research on topics related to IBC
11. 24. 02.2021  Drafted plaint under O XXXVII, 18
R.2, CPC
 Drafted Bail application
 research on the settled laws
regarding the broadcasting rights in
  Research on topics related to IBC
12. 25. 02.2021  Attended Client meeting 19
 Research on the prohibitions
provided under the settled
broadcasting rules in India
 Drafted rejoinder on the behalf of
the claimant
13. 26. 02.2021  Drafted the Notice of Motion 20
along with Application for
urgent hearing
14. 01. 03.2021  Attended Client meeting 21
 Analysed and researched on the
various contracts of other online
dating platform
 Researched on ex-parte orders that
can be passed in the matters of
domestic violence
 Worked on a case on Copyright
Act, 1957
15. 02. 03.2021  client meeting 22
 Drafted a para wise reply to
the application
 Drafted the agreement for an
online dating application
16. 03. 03.2021  Studied the case file 23
 Drafted the evidence affidavits
 Read and Decoded FIR filed in a
matter
17. 05.03.2021  Drafted reply on behalf of 24
respondent to the application of
counter claim
 Research on the immunity that is
provided to the CD (Corporate
Debtor) and their assets
 Research on whether a wife can
file petition u/S. 20, DV Act and
18. 08. 03.2021  Drafted application 25
 Drafted appeal against the grant of
Bail
 Researched on the minimum
threshold that is required for
initiating corporate insolvency
19. 10. 03.2021  Drafted suit for recovery of money 26
 Studied and researched on cases
related to S.7, Arbitration and
Conciliation Act
20. 11. 03.2021  Drafted application 27
 Researched on opposing the
execution of the arbitration award
 Drafted reply on behalf of
respondent in criminal revision
21. 12. 03.2021  Researched cases on the application 28
filed u/O. XXXIX, R. 1&2, CPC
wherein p/f sought appropriate ex-
parte injunction to restrain the d/f
from seeking to enforce against p/f
any obligation u/ Deed of Guarantee
pending disposal of suit
 Drafted application
 Drafted reply on behalf of respondent
to a petition analyse the “Impact of
FDI Sector on Indian Real estate
market
 Drafted the petition u/Arbitration
22. 15. 03.2021  Attended Client meeting 29
 Drafted legal notice for the
registration of FIR the petition in the
requisite format
23. 16. 03.2021  Attended Client meeting 30
 Drafted the legal notice of defamation
 Drafted rejoinder
 Discussed the report of Impact of FDI
Sector on Indian Real estate market”
24. 17. 03.2021  Drafted application u/S. 24, CPC 31
 Application u/S. 140
 Drafted reply to the examination
report
25. 19. 03.2021  Drafted second relaxation bail petition 32
 Attended the client meeting
 Gave online presentation on the
changing trends in FDI sector and
the impact of it in real estate
 Drafted the suit for recovery of money
26. 23. 03.2021  Drafted the evidence affidavits 33
 Drafted legal notice
 Analysed 20 judgments of NCLT
27. 31. 03.2021 34
CERTIFICATE COLLECTION/ CONCLUSION
28. - ANNEXURE I 35
INTERNSHIP CERTIFICATE
 ABBREVIATIONS
S.NO. ABBREVIATION FULL FORM
1. CPC Civil Procedure Code
2. CrPC Criminal Procedure Code
3. COI Constitution of India
4. IPC Indian Penal Code
5. & And
6. % Percentage
7. MM Metropolitan magistrate
8. u/s Under section
9. u/a Under article
10. ADJ Additional District Judge
11. Sec. Section
12. CC Certified Copy
13. ASI Additional sub inspector
14. PS Police Station
15. FTC Fast track court
16. SC Supreme Court
17. HC High Court
18. WS Written Statement
19. TM Trade mark
20. PW Prosecution witness
21. Ct. Constable
22. TMA Trade mark application
23. Comm. Commercial
24. S/o State of
25. Compt. Complaint
26. IBC Insolvency and Bankruptcy Code
27. NBFC Non-Banking Financial Companies
28. FSP Financial Service Provider
29. AA Adjudicating Authority
30. RBI Reserve Bank of India
31. NCLT National Company Law Tribunal
32. NCLAT National Company Law Appellate
Tribunal
33. BR Act Banking Regulation Act
34. TM Trade Mark
35. Amend. Amendment
36. BOD Board of Directors
37. CoC Committee of Creditors
38. FC Financial Creditor
39. OC Operational Creditors
40. AIR All India Radio
41. p/f Plaintiff
42. d/f Defendant
 ABOUT FIRM
Karanjawala & Co. is an exclusive full service boutique litigation firm, founded in 1983 by Mrs.
Manik Karanjawala and Mr. Raian Karanjawala. The firm operates today out of three offices in
New Delhi. The Firm has nine partners namely: Mr. Raian Karanjawala, Managing Partner; Mrs.
Manik Karanjawala, Founding Partner; Senior Partners Ms. Nandini Gore, Ms. Ruby Singh Ahuja
and Mr. Sandeep Kapur; along with Partner Ms. Meghna Mishra, Mr. Debmalya Chandra Banerjee,
Mr. Samarjit G. Pattnaik and Ms. Seema Sundd. The firm strength is close to 100 lawyers.

Though historically the firm began its practice with a predominant Supreme Court and High Court
emphasis, it has today expanded in a manner which ensures that it has a presence in all the
subordinate courts and tribunals in the National Capital Region (NCR) and our services are often
availed by clients to handle litigation on a pan–India basis. The Firm features in over 516 reported
judgments of the Supreme Court and has filed and dealt with approximately 23,500 plus matters till
date. It has till date been recognised as the No. 1 Litigating firm with over 100 awards.

Over the years, the Firm has serviced a wide variety of diverse clients from Prime Ministers to
Captains of industry, large corporate houses and media companies. It is equally at ease handling the
day to day cases of the ordinary litigant as it is handling the legal disputes of royal families. While
several of our matters are high-stake, high-profile and front-page reported; the firm takes equal
pride in extending the support to people from humble backgrounds in pro-bono matters.
 INTERNSHIP EXPERIENCE : OVERVIEW
Karanjawala & Co. was an amazing place to be in. The experience of working and learning
the practical aspects of the legal field in firm were astonishing. Every person is
committed to professionalism and work with lots of warmth and ease of approachability.

The professionalism and dedication was reeking and being there was a motivation sufficient to
work better each day. The firm has a strict work from home policy for Interns during the course
of Covid-19.

Major tasks during internship:

 Drafting legal notices, petitions, applications and rejoinders.

 Working on Disputes matters.
 Researching on the assigned topics or case issues.
 Attend online client counseling sessions and meetings as called for.

It was enriching experience to work so closely with the professionals and learn the nitty-gritty of
work from them. This internship has been a learning and motivating experience for me.

10
 FEBRUARY 11, 2021
I was introduced to Mr. Priyash Sharma over a phone call that was conducted for the
approval of my candidature for this internship. The work on the first day was expectantly light.

GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Studied the case history of the Consumer dispute filed against Oriental Insurance Co. Ltd.
 Research on the topics related to IBC (Insolvency and Bankruptcy Code)-
The research questions were assigned are as follows and were owing to the certain
changes that have taken place in the IBC.
1. What is the date that is considered as the insolvency commencement date?
In accordance to the ordinance passed recently, the present position stands that the
date of admission of application of insolvency shall be considered as the insolvency
commencement date whereas, earlier, the insolvency commencement date was
considered to be the one on which insolvency professional was appointed by the
Adjudicating authority.
2. What is the time limit for completion of the insolvency resolution process?
As per the amendment, the insolvency resolution process time limit has been revised
to 330 days from the earlier prescribed 270 days time period. The period of 330 days
include all or any extensions granted and the litigation related proceedings. Further, in
the case of Committee of creditors of Essar Steel India Limited v Satish Kumar Gupta
& ors. the word “mandatorily” was struck down and was replaced by “ordinarily”
implying that “the resolution process shall be completed ordinarily in 330 days”.

11
 FEBRUARY 18, 2021

GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Discussed the details of Oriental Insurance Company Ltd case.

 Started drafted the Written Arguments on the behalf of complainants in the matter of
matter of The Oriental Insurance Company Ltd.
 Understanding the concept of Trademarks and Trade mark filing.
 Research on topics related to Insolvency and Bankruptcy Code-
1. The application of IBC over NBFC?
The application of IBC has been expanded to NBFC’s by the ministry of Corporate
Affairs and the rules governing the insolvency and liquidation of FSP and directs the
application of these rules and code to significantly important NBFC which also
includes the housing finance companies having an asset size of over INR 5 Billions.
RBI will become the “appropriate regulator” for NBFC and the voluntary liquidation
process can only be initiated with the approval of “appropriate regulator”.
2. What is the constitutional validity of application of IBC over homebuyers?
In the case of Pioneer Urban Land & Infrastructure Ltd. & anr. v Union of India, the
introduction of homebuyers as “financial creditors” to made by the IBC (second
amend.) Act, 2018 enabling homebuyers to trigger IBC against the real estate
developer.

12
 FEBRUARY 19, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Submission of research done on the topics of IBC allotted.

 Drafted the written arguments in the matter against the Oriental Insurance Co. Ltd.
 Research on topics related to Insolvency and Bankruptcy Code-
1. What is the right of Board of directors (BOD) post suspension over the resolution
plan?
The suspended BOD of a corporate debtor has a right to receive the resolution plan so
they can effectively participate in meetings of CoC (Committee of Creditors). [case
reference – Vijay Kumar Jain v Standard Chartered Bank & Ors. ].
2. Judgments in which the constitutional validity of the IBC has been upheld.
The apex court in the case of Swizz Ribbons Pvt. Ltd. v Union of India has upheld the
constitutional validity of IBC in entirety and further also laid down the reasons
behind the differential treatment between the financial Creditors (FC’s) and
Operational Creditors (OC’s).
3. Can NCLT question the commercial wisdom of the CoC?
The NCLT has no jurisdiction or authority to analyse or evaluate the commercial
decisions of CoC and to enquire into the justness of rejection of a resolution plan by
dissenting FC’s. The parameters to interfere with the commercial wisdom of CoC has
been laid down by the SC in Essar Steel judgment.
[case reference – K. Shashidhar v Indian Overseas Bank]

13
 FEBRUARY 20, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:
 Read and understood the procedure of filing TMA.
 Drafting of TM-6 (Counter Claim) in the matter of Argos.
 Went to High Court of Gujarat with sir to attend the listed matters.
 Research on topics related to Insolvency and Bankruptcy Code-
1. Does NCLT ahs the jurisdiction to enquire into the questions of fraud?
The jurisdiction of NCLT viz-a-viz HC was discussed and the SC held that NCLT and
NCLAT have the jurisdiction to enquire into the questions of fraud but they do not
have the authority to adjudicate upon the disputes arising out of other public laws
especially if the dispute revolves around the decision of statutory and quasi-judicial
authority which can be corrected only by the way of judicial review of the
administrative action.
[Case reference – M/s Embassy Property Developments Pvt Ltd v State of Karnataka
& Ors.].
2. Whether a Sole proprietorship firm can file application under Section 7 or Section 9
of IBC?
A sole proprietorship firm is not covered under the definition of “person” in IBC.
[case reference – R.G. Steels v Berry Auto Ancillaries (P) Ltd. ].
The decision was reversed by NCLAT and held that Section 2 of the code would be
applicable to the sole proprietorship firms as well and the definition of “person” u/s
3(23) is not exclusive but inclusive.
[case reference- Neeta Saha v Mr. Ram Niwas Gupta]

14
 FEBRUARY 21, 2020
Major work on the internship consisted of researching on various cases and questions of diverse
topics or reading and discussing the judgments.

GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted regular bail application for complaint lodged under S, 365, 344, 323, 501, 506(2),
114, IPC.
 Drafted reply to cross objections on behalf of the appellant to the cross objections filed
by the respondent under O. XVI, R.22 r/w S.151, CPC .
 Drafting of rejoinder in the matter of Ambuja Cements Ltd.
 Research questions allotted –
1. Give a brief of the provisions relating to the personal guarantors under IBC?
2. What is the status of insolvency initiation against corporate guarantor?
In the case of Ferro Alloys Corporation Limited v Rural Electrification Corporation
Ltd. it was held that on a harmonious and purposeful reading of the definitions of
corporate person, corporate debtor, debt, claim, financial debt, operational debt,
financial creditor and default, it can be concluded that as soon as a guarantee is
invoked the said guarantee becomes a debt and thereafter a guarantor becomes a
'corporate debtor'. Hence, corporate insolvency resolution process can be initiated
against the guarantor who is a ‘corporate person’ and who by operation of law ipso
facto becomes a ‘corporate debtor’ by satisfying the ingredients as required for a
‘corporate person’. It further held that without initiating insolvency resolution process
against the principal borrower it is always open to a 'financial creditor' to initiate
insolvency resolution process under Section 7, IBC against a 'corporate guarantor' as
the creditor is also the 'financial creditor' qua 'corporate guarantor’.
3. What is the role of Adjudicating Authority over a resolution plan?

15
 FEBRUARY 22, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Completed the draft rejoinder in the matter of Ambuja cements Ltd.

 Research work completed-
1. Give a brief of the provisions relating to the personal guarantors under IBC?

An application for initiation of insolvency against a Personal Guarantor can be made

by the debtor or a creditor either individually or collectively along with other
creditors; or through a resolution professional. This process of initiation of insolvency
is identical to that of a corporate debtor. An "interim moratorium" in relation to any
debts of the Guarantor will commence as soon as the application for insolvency is
filed before the Adjudicating Authority. Within 10 days of appointment of the
resolution professional, the resolution professional after examining the application is
required to prepare and submit a report to the Adjudicating Authority recommending
approval or rejection of the application.

The Adjudicating Authority is required to take into account the recommendations of

the resolution professional so appointed, and either admit or reject the application so
filed, within 14 days from the date of submission of the report by the resolution
professional. On admission of the application, the interim moratorium ceases to have
effect and the period of moratorium commences. Once the order admitting the
application is passed, a public notice inviting claims from the creditors is to be issued
by the Adjudicating Authority within 7 days. A claimant will have a right to submit
its claims within 21 days of issuance of such public notice. After receiving the claims,

16
 a list of creditors will have to be prepared by the resolution professional. In this
process the formation of CoC is not required, as the creditors meet and directly vote
on the repayment plan. There is no distinction between the nature of creditor under
this process.

According to the Insolvency and Bankruptcy Board of India (Insolvency Resolution

Process for Corporate Persons) (Third Amendment) Regulations, 2019 , a repayment
plan is to be prepared by the debtor in consultation with the resolution professional
which should consist of the term of the repayment plan and its implementation
schedule as well as the source of funds. Within 21 days from the last day of
submission of claims by the creditors, the resolution professional has to submit the
repayment plan along with his report to the Adjudicating Authority. A meeting of
creditors has to be convened by the resolution professional on the request made by the
creditors having 33% of the voting share (that is in proportion to the debt owed by the
personal guarantor to such creditor). Furthermore, any decision taken by the creditors
requires approval of more than 50% of voting share of the creditors who vote, unless
otherwise specified in the Code. The debtor and the creditor have the right to file an
application for bankruptcy of the debtor on rejection of the repayment plan by the
Adjudicating Authority.

2. What is the role of Adjudicating Authority over a resolution plan?

K. Sashidhar v Indian Overseas Bank and Ors. - the “commercial wisdom” of the
CoC in approving or rejecting a resolution plan is not open to judicial scrutiny. The
NCLT’s jurisdiction in such cases is to satisfy itself that the statutory requirements
specified in Section 30(2), IBC are met with in the resolution plan approved by the
CoC i.e. the resolution plan should contain provisions in relation to (i) priority of
payments; (ii) management of the corporate debtor; (iii) implementation and
supervision of resolution plan; and (iv) compliance with applicable law. The SC
clarified that where a resolution plan was subject to rejection by the CoC on the
grounds listed under Section 30(2), IBC, including a decision on the eligibility of a
resolution applicant under Section 29A, IBC.

17
 FEBRUARY 24, 2020

GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted plaint under O XXXVII, R.2, CPC for the recovery of money.
ABOUT THE CASE-
The matter was regarding the faulty consignment that was delivered late to the Plaintiff
and the promised quality of the product was compromised too. Therefore, the matter was
moved for the recovery of money.
 Drafted Bail application for applicant charged under Section 341, 392, IPC r/w S. 397,
506, IPC.
ABOUT THE CASE-
The petitioner was charged for threatening a man, late in the evening and forcing him to
give all the valuables and jewellery.
 To research on the settled laws regarding the broadcasting rights in India and the
copyright claims over the same.
Researched on the definitions of “Broadcasting” and “Broadcasting Agency”, salient
features of approved policy for FM Radio Phase III, General rules of conduct in
advertising.

18
 FEBRUARY 25, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Research on the prohibitions provided under the settled broadcasting rules in India.
In lieu of the same the research was done on prohibitions under the AIR code, rules and
regulations regarding the advertisements for and of children, the prohibitions and
provisions under the general broadcasting code or the programme code for AIR and
Doordarshan. The gist of the research is attached as ANNEXURE 1.
 Drafted rejoinder on the behalf of the claimant in the Innovation Impex matter to the
reply filed by the respondents to the statement of claim.

ABOUT THE CASE-

MOU was signed between the claimant and respondent for the transfer of ownership in
consideration of the agreed amount. The claimant has paid the signing amount but post
that, the respondent stopped acknowledging the mails and other modes of communication
initiated by the claimant and through, no means showed any intention of complying with
the further conditions of MOU irrespective of the fact that signing amount is paid and the
further compliance of the laid conditions has been due.

19
 FEBRUARY 26, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted reply to the legal notice concerning the loan default case wherein the client was
served the legal notice through the bank for default of the amount.
 Discussed regarding the revision petition which was filed wherein the order for interim
petition was passed and the revision petition was filed claiming the decision to be wrong
and requesting the reversal.
ABOUT THE CASE-
Accused was caught carrying sandalwood illegally from the reserved forest area. The
criminal proceeding is pending but meanwhile, the respondent filed interim petition for
claiming the custody of the vehicle used for illegal transportation and the same was
passed in favour of the respondent. The revision petition seeked the reversal of the same
order as it may lead to tampering of evidences and further, that the same order is in
contradiction with the judgments passed by the SC in cases AIR 2002 SC 221 and AIR
2000 SC 2729 wherein SC clearly held that “vehicle used for transportation form
reserved forests shall not be ordered to be released”.

20
 FEBRUARY 27, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Attended Client meeting regarding the drafting of contract for the new online dating
platform and the terms and conditions of the same.
 Analysed and researched on the various contracts of other online dating platforms like
Bumble, Tinder and other offline and online dating platforms.
 Researched on ex-parte orders that can be passed in the matters of domestic violence and
the eligibility of wife to maintenance u/S. 125, CrPC in such cases.
Referred to the cases of Kanupriya Sharma v State & Anr.; Bhuwan Mohan Singh v
Meena (2015) 6 SCC 353;
 Worked on a case on Copyright Act, 1957.
ABOUT THE CASE-
Plaintiff was a copywriter and had written an original play which he showed to the
defendant. The defendant misused the faith of the plaintiff and made a drama-
documentary on the same without giving the due credits to the Palintiff. Therefore, the
matter seeks the monetary relief for the work of the plaintiff, the compensation, due
acknowledgement and credit on the work.
All original and necessary documents were submitted in the court and the decision was
pending.

21
 FEBRUARY 28, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Attended the client meeting in the case which was listed for hearing on the next day. The
case was regarding the guardianship for which the petition was filed in the family court.
 Drafted a para wise reply to the application u/S. 23, Domestic Violence Act for the client.
 Drafted the agreement for an online dating application on the discussed terms and
conditions. Rules and regulations that were kept in mind and steps adopted post
discussions to classify the agreement into following heads i.e.,
i) applying for services
ii) Membership
iii) mixers
iv) interaction among the members
v) termination of membership
vi) Dispute resolution
vii) Amendments to the terms of use
viii) Indemnity
ix) Safety tips
x) data protection and privacy.
The interesting part of the above task included the safeguarding of rights of other player’s
in the market and working on the fair competition principles.

22
 FEBRUARY 29, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Studied the case file that was allotted to me. The case was criminal in nature and file
contained the following documents-
1. FIR and written complaint u/s. 154(3), CrPC
2. Application u/s. 293, for discharge.
3. Studied the ingredients u/s. 509 (insulting the modesty of women through words or
actions), 341 (punishment for wrongful restraint), 34 (acts done in furtherance of
common intention), IPC.
 Drafted the evidence affidavits of three different Plaintiff witnesses i.e., (PW-2, Pw3 and
PW-4 of the present case) in the case of Bal ram Mehta.
 Read and Decoded FIR filed in a matter to draft the timeline and list of dates and events
and read necessary case laws u/s. 420 and 120B, IPC.
 Accompanied Sir to the family court in the guardianship matter.

23
 MARCH 2, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted reply on behalf of respondent to the application of counter claim u/O. XXXVIII
R. 5 & 8 r/w S. 151, CPC to attach the property for the claimant and/ or to direct the
claimant to furnish security which shall be equivalent to the cost of the agreement.
[Innovation Impex matter].
 Research on the immunity that is provided to the CD (Corporate Debtor) and their assets.
This topic and concept came to light with the introduction of S32A, IBC in December
2019. This section provides immunity to the corporate debtor and its assets from
prosecution for offences committed before the commencement of corporate insolvency
resolution process. The immunity is given only to a corporate debtor and not to an
individual director or designated partner of an LLP who is being prosecuted for personal
vicarious liability. This introduction provides protection to successful bidders from any
liabilities or litigation that may arise on account of offences committed by the erstwhile
promoters. However, the corporate debtor or the new management will have to provide
complete assistance to the investigating team.
 Research on whether a wife can file petition u/S. 20, DV Act and S. 125, CrPC both?
The proceedings u/DV Act and u/s.125 CrPC, are independent. Therefore, claim can be
made under both the sections differently and a judge can grant monetary relief u/DV Act
and after that grant maintenance u/s 125. [case- Shome Nikhil Danani v Tanya Banon
Danani]

24
 MARCH 3, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted application u/O. VI, R.17 r/w S.151, CPC. The suit was regarding specific
performance of the agreement to sell.
 E-commerce businesses consumer protection guidelines; Product Liability of
Marketplace, Inventory based business models and sellers; FDI policies on foreign direct
investments in different e-commerce business models; Liability of online food
aggregators under the new Consumer Protection Act.

 Researched on the minimum threshold that is required for initiating corporate insolvency
process for certain class of financial creditors.
Minimum threshold for initiating corporate insolvency process for certain class of
financial creditors against the Corporate Debtor, where the debt owed is either in form of
security/deposits or to a class of creditors, the application should be filed jointly by at
least one hundred creditors in the same class or not less than ten percent of creditors of
same class; whichever is less. The same threshold applies for allottees under real estate
projects.

25
 MARCH 4, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted suit for recovery of money. The facts of the case were simple and twisted at the
same time. The husband of p/f gave loan to respondent and was not living in India.
Recently, he died and his wife shifted to India and tried to claim all the loan amount to
which the d/f stopped replying and did not attend the meetings called for. Thus, the suit
for recovery was initiated by the p/f, on the account of her husband, being the present
claimant.
 Studied and researched on cases related to S.34 and S.37, Arbitration and Conciliation
Act. Understood the scope, use and application.
 Drafted memo to brief counsel on arbitration related matter.

26
 MARCH 5, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted application u/O. VI, R.17 r/w S.151, CPC. The urgent application was moved to
seek amendment to the present suit. The case was regarding the transactions that have
been made by the plaintiff in lieu of performance of the Sale agreement. The p/f
transacted 80% of the agreed amount and post that the respondents stopped replying and
acknowledging the messages of the p/f and no steps have been taken in furtherance of
performance of the conditions of agreement to sell.
 Researched on opposing the execution of the arbitration award .
 Drafted reply on behalf of respondent in criminal revision petition under section 397,
401, CrPC.

27
 MARCH 6, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Researched cases on the application filed u/O. XXXIX, R. 1&2, CPC wherein p/f sought
appropriate ex-parte injunction to restrain the d/f from seeking to enforce against p/f any
obligation u/ Deed of Guarantee pending disposal of suit.
 Drafted application under Order XVIII, R.16, CPC to allow respondent to record
evidence before completion of pleading due to his old age.
 Drafted reply on behalf of respondent to a petition preferred u/s. 241, 242 r/w section 402
and 403 of companies act pending adjudication before National Company Law Tribunal,
Delhi
 Was assigned report to understand and analyse the “Impact of FDI Sector on Indian Real
estate market”.
 Drafted the petition u/s. 34 (2) (a) (ii), 34 (2) (a) (iii), 34 (2) (a) (iv), 34 (2) (a) (v), 34 (2)
(b) (ii) and 34 (2A) of Arbitration and Conciliation Act for setting aside of the award.

28
 MARCH 7, 2021
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Started drafting the petition in the requisite format as per the instructions given by the
senior in a consumer matter.
 Drafted legal notice for the registration of FIR for “Criminal Breach of Trust”, Cheating
and for the recovery of share in the family estate.
 Finished the report of Impact of FDI Sector on Indian Real estate market”.

29
 MARCH 11, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Worked on New York convention on the enforcement of Foreign Arbitral Awards;

Section 8, 9, 11, 16, 34 and 37 of Arbitration & Conciliation Act; Section 79 of the
Information Technology Act, 2000.
 Drafted rejoinder on behalf of the claimant to the reply filed by the opposite party to the
statement of claim. [Vasan Healthcare matter].
 Discussed the report of Impact of FDI Sector on Indian Real estate market” with
seniors.

30
 MARCH 12, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted Application u/S. 12(1)(c) of Consumer Protection Act, 1986.

 Researched on Intermediary Guidelines 2011; Section 60(5)(c) of Insolvency Bankruptcy
Code; Section 424 of Companies Act; Sections 24, 25, 26 and 44 of the Food Safety &
Standards Act; Competition law policies and their impact on online marketplaces.
 Researched about the Art laws and the changing trends in the art law sector.

31
 MARCH 13, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Gave presentation on the changing trends in FDI sector and the impact of it in real estate.
 Researched on Draft e-commerce Policy and Privacy Bill [ Sri Krishna Committee Report];
Proposed Data Localization Rules and its Impact on E-commerce marketplaces; Research
on Online Payment Banks- Nodal Bank Accounts- RBI Rules 2016 on Online Payments
Bank; Section 3, 4, 12 and 13 of Payments and Settlements Act 2007.
 Did extensive case law and statutory research on the DAS regulations, media laws and
matters concerning Hon’ble TDSAT; case law research on service laws.

32
 MARCH 14, 2020
GIST OF ALLOTED AND ACCOMPLISHED WORK:

 Drafted the evidence by way of Affidavit on behalf of plaintiff witness

 Drafted legal notice for the recovery of money.
 Analysed 20 judgments of NCLT and tried to understand the pattern and resolution
process that has been initiated.
 Finished all the pending tasks and submitted the worksheet.

33
 MARCH 31, 2021/ CONCLUSION
As per the strict work from policy of the firm, I was sent soft copy of my Internship Certificate
through e-mail. Further the firm also accepted my request to extend my internship for a period of
four more weeks.

Every client comes with a new case, a new situation, a new problem and to which you might
always not have a perfect answer. This reaches out to not only the advocates who are presenting
their arguments, but also to the judges before whom you are putting your case forward. Given the
fact that we were part of some of the Client Meetings through remote video-conferencing, gave
us a great insight as to how should one go about asking questions to draw out complete
information from the client without intimidating the client or causing any harm on the privacy.

In a nutshell, this internship has been an excellent and rewarding experience. I can conclude that
there have been a lot I have learned from my work. Apart from the theoretical and practical
knowledge associated to the legal field, the two main things that I have learned is the importance
of our time management skills and self- motivation. I realized that mistakes are a part of life and
making mistakes is a part of learning, and that’s how one graduates.

34
 ANNEXURE 1
The gist of the research done on the settled laws on broadcasting rights in India.

Salient features of the approved Policy for FM RADIO Phase-III as against FM RADIO
Phase-II are as under;-

i) Radio operators have been permitted carriage of news bulletins of All India Radio.

ii) Broadcast pertaining to the certain categories like information pertaining to sporting events,
traffic and weather, coverage of cultural events, festivals, coverage of topics pertaining to
examinations, results, admissions, career counselling, availability of employment opportunities,
public announcements pertaining to civic amenities like electricity, water supply, natural
calamities, health alerts etc. as provided by the local administration will be treated as non-news
and current affairs broadcast and will therefore be permissible.

iii) The limit on the ownership of Channels, at the national level, allocated to an entity has been
retained at 15%. However channels allotted in Jammu & Kashmir, North Eastern States and
island territories will be allowed over and above the 15% national limit to incentivise the bidding
for channels in such areas;

iv) Private operators have been allowed to own more than one channel but not more than 40% of
the total channels in a city subject to a minimum of three different operators in the city.

• Private FM Radio broadcasters in North East (NE) Region and Jammu & Kashmir (J&K) and
Island territories will be required to pay half the rate of annual license fee for an initial period of
three years from the date from which the annual license fee becomes payable and the permission
period of fifteen (15) years begins. The revised fee structure has also been made applicable for a
period of three years, from the date of issuance of guidelines, to the existing operators in these
States to enable them to effectively compete with the new operators.

• Apart from the fee relaxation, it is further proposed that Prasar Bharati infrastructure would be
made available at half the lease rentals for similar category cities in such areas.

• The limit on the ownership of Channels, at the national level, allocated to an entity has been
retained at 15%. However channels allotted in Jammu & Kashmir, North Eastern States and
island territories will be allowed over and above the 15% national limit to incentivise the bidding
for channels in such areas;

GENERAL RULES OF CONDUCT IN ADVERTISING: (AIR CODE)

1. Advertising shall be so designed as to confirm to the laws of the country and should not
offend against morality, decency and religious susceptibilities of the people.

35
2. No advertisement shall be permitted which:-

i.derides any race, caste, color, creed and nationality;

ii.is against any of the directive principles, or any other provision of the
Constitution of India;
iii. tends to incite people to crime, cause disorder or violence, or breach of
law or glorifies violence or obscenity in any way;
iv. presents criminality as desirable;
v. adversely affects friendly relations with foreign States;
vi. exploits the national emblem, or any part of the constitution or the person
or personality of a national leader or State Dignitary;
vii. relates to or promotes cigarettes and tobacco products, liquor, wines and
other intoxicants;
3. No advertisements message shall in any way be presented as News.

4. No advertisements shall be permitted the objects whereof are wholly or mainly of a

religious or political natures; advertisement must not be directed towards any religious or
political end or have any relation to any industrial dispute.

5. Advertisements for services concerned with the following shall not be accepted:-

i. Money lenders;
ii. Chit funds;
iii. Saving schemes and lotteries other than those conducted by Central and State
Government Organizations, Nationalized or recognized banks and Public Sector
Undertakings;
iv. Unlicensed employment services;
v. Fortune tellers or sooth-Sayers etc. and those with claims of hypnotism;
vi. Foreign goods and foreign banks.
vii. Betting tips and guide books etc. relating to horse-racing or the other games of
chance.
6. The items advertised shall not suffer from any defect or deficiency as mentioned in
Consumer Protection Act 1986.
7. No advertisement shall contain references which are likely to lead the public to infer that
the product advertised or any advertised or any of its ingredients has some special or
miraculous or super-natural property or quality, which is difficult of being proved, e.g.
cure for baldness, skin whitener, etc.

8. No advertisement shall contain the words ‘Guarantee’ or ‘Guaranteed’ etc., unless the full
terms of the guarantee are available for inspection by the Directorate General, All India
Radio, and are clearly set out in the advertisement and are made available to the
purchaser in the writing at the point of sale or with the goods; in all cases, terms must
include details of the remedial action available to the purchaser. No advertisement shall

36
 contain a direct or implied reference to any guarantee which purports to take away or
diminish the legal rights of a purchaser.

9. Advertisers or the agents must be prepared to produce evidence to substantiate any claims
or illustrations. The Director General reserves the right to ask for such proofs and get
them examined to his full satisfaction. In case of goods covered by mandatory quality
control orders, the advertiser shall produce quality certificate from the institutions
recognized by the Government for this purpose.

10. Advertisements shall not contain disparaging of derogatory references to another product
or service.

11. Testimonials must be genuine and used in a manner not to mislead the listeners.
Advertisers or Advertising Agencies must be prepared to produce evidence in support of
their claims.

12. No advertisement of any kind of jewellery (except artificial jewellery) or precious stones
shall be accepted.

13. Information to consumers on matters of weight, quality or prices of products, where

given, shall be accurate.

14. Advertisements indicating price comparisons or reductions must comply with relevant
laws

AIR broadcast does not permit:- (AIR CODE)

1. Criticism of friendly countries.

2. Attack on any religion or community.
3. Anything obscene or defamatory;
4. Incitement to violence or anything against maintenance of law and order;
5. Anything amounting to contempt of court;
6. Aspersions against the integrity of the President and Judiciary;
"Note: Advertisements concerning jewellery, foreign goods and foreign banks, besides those
related to Indian Equity / Debenture issued for NRIs will, however, be accepted as far as the
external services of All India Radio are concerned."
7. Anything affecting the integrity of the Nation and criticism by name of any
person.

Any such effects, which might startle the listening public, must not be incorporated in
advertisements. For example, and without limiting the scope, the use of the following sound
effects will not be permitted: Rapid gunfire or rifle shots; Sirens; Bombardments; Screams;
Raucous laughter and the like.

37
Any pretence in advertising copy must be avoided and such copy shall not be accepted by All
India Radio. The ‘simulation’ of voices of a personality in connection with advertisements for
commercial products is also prohibited unless bonafide evidence is available that such
personality has given permission for the simulation and it is clearly understood that stations
broadcasting such announcements are indemnified by the advertiser or advertising agency
against any possible legal action.

ADVERTISING AND CHILDREN

No advertising for a product or service shall be accepted if it suggests in any way that unless
the children themselves buy or encourage other people to buy the products or services, they
will be failing in their duty or lacking in loyalty to any person or organisation.

No advertisement shall be accepted which leads children to believe that if they do not own or
use the product advertised they will be inferior in some way to other children or that they are
liable to the condemned or ridiculed for not owning or using it.

No advertisement likely to bring advertising into contempt or disrepute shall be permitted.

Advertising shall not take advantage of the superstition or ignorance of the general public.

No advertising of talismans, charms and character-reading from photographs or such other

matter as well as those which trade on superstition of general public shall be permitted.

Advertising shall be truthful, avoid distorting facts and misleading the public by means of
implications by false statements, as to :

 the character of the merchandise, i.e. its utility, materials, ingredients, origin etc.
 the price of the merchandise, its value, its suitability or terms of purchase.
 the services accompanying purchase, including delivery, exchange, return, repair,
upkeep etc.
 personal recommendations of the article or service.
 the quality or the value of competing goods or trustworthiness of statement made
by others.
Testimonials of any kind from experts etc. other than Government recognised standardisation
agencies shall not be permitted.
No advertisement shall be permitted to contain any claim so exaggerated as to lead inevitably
to disappointment in the minds of the public.
Methods of advertising designated to create confusion in the mind of the consumer as between
goods by one maker and another maker are unfair and shall not be used. Such methods may
consist in: the imitation of the trademark of the name of competition or packaging or labeling
of goods; or the imitation of advertising devices, copy, layout or slogans.
Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all
advertisements. This also supplies to such advertisements which themselves are not

38
 objectionable as defined above, but which advertise objectionable books, photographs or other
matter and thereby lead to their sale and circulation.
No advertisement in respect of medicines and treatments shall be accepted which is in
contravention of the code relating to standards of advertising medicines and treatments as per
Annexure II.
Note I :In all other respect, the Director General will be guided for purposes of commercial
broadcasting in All India Radio by Code of Ethics for Advertising in India as modified from
time to time ( relevant excerpts appended at Annexure-I).
Note II : Notwithstanding anything contained herein, this code is subject to such modification/
directions as may be made / issued by the Director General from time to time.
Note III : All advertising agencies shall adhere to the standards of practice as prescribed by
Advertising Agencies Association of India, Bombay, as given in Annexure III.

The General Broadcasting Code which is otherwise called Programme Code for both AIR
and Doordarshan prohibits the following:

(a) Criticism of friendly countries (b) Attack on religions or communities. (c) Anything obscene
or defamatory. (d) Incitement to violence or anything against maintenance of law and order (e)
Anything amounting to contempt of court.(f) Aspersions against the integrity of the President
and Judiciary.(g) Anything affecting the integrity of the Nation, and criticism by name of any
person.

39