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DPC JOURNAL- SEMESTER IX-19010126032
ASSIGNMENT NO. 1 (OPTION 1): LEGAL NOTICE
Ms. Muskan Khandelwal C-403,

B.B.A. LLB (Hons.) Royal Crescent, Bavdhan
ADVOCATE Pune, Maharashtra –
411021 Phone: 9720367156
LEGAL NOTICE
(E-mail/ Courier/ Registered A.D.) Date: 16TH AUGUST 2023
To,
Mr. Sumeet X
Sole Proprietor,
M/s Abdc Enterprises,
Viman Nagar, Pune.
Subject: Legal Notice u/s 138 of the Negotiable Instruments Acts, 1881 in respect of a
Cheque bearing No. 882345, for an amount of Rs. 1,10,000/-, drawn on HDFC
Bank, Sakore Nagar Branch, Pune, on 10th August 2018.
Sir,
I’m a practicing advocate in the Pune District Court. Under the instructions and on behalf of
my client Mr. Ajit Kumar S/o Mr. Krishna Kumar, a resident of Gernada A 201, Fortaleza
Society, Koregaon Park, Pune 411001 (hereinafter addressed as ‘Client’) I do hereby serve
upon you the following notice of demand under Section 138 of the Negotiable Instruments
Act, 1881:
1. That my Client residing at the aforesaid address with his family is a customer at the share
broking firm M/s Abdc Enterprises (hereinafter addressed as ‘Share Broking Firm’) that
you are the sole proprietor of.
2. My Client was regularly carrying out transactions of purchase and sale of shares through
you as you were carrying out stock trading though the Share Broking Firm. My Client
further states that you used to constantly advice my Client on purchase and sale of securities
and were previously involved in several investment based transactions of my Client in the
capacity of a Share Brokerage Firm.
3. On 5th August 2018, my Client had instructed you via email to sell off 200 shares at Rs.550/-
each pertaining to Bajaj Industries Alloys Private Ltd. The aggregate amount of the said
number of shares is Rs. 1,10,000/-. A copy of the email is attached herewith as Annexure
A.
4. That, as per the instructions of my Client, you dutifully sold the shares and handed over a
cheque, bearing No. 882345 drawn on HDFC Bank, Pune Branch, to my Client, in
furtherance of the payment obligation for the transaction. Photocopy of the cheque are
enclosed herewith as Annexure B.
5. The cheque handed over to my Client was for the amount of Rs. 1,10,000/- dated 10th
August 2018.
6. That my client deposited the said Cheque with his bank, namely State Bank of India, for
encashment, on 10th August, 2018.
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7. That on 13th August 2018, the Bank returned the cheque to my Client informing the reason
for the same to be “Insufficiency of Funds” meaning there were no sufficient funds within
the account to honour the Cheque amount. A photocopy of the endorsed cheque is enclosed
as Annexure C.
8. That my Client was informed about the said dishonour of cheque by his bank on 13th
August, 2018, along with the returning memo issued by your banker and a photocopy of
the Bank Memo is attached herewith as Annexure D and as such the present notice is
issued. You are therefore liable to pay the amount of said cheque to my Client within fifteen
(15) days from the receipt of this notice.
9. Now, since the Cheque has been dishonoured for the reason of “Insufficiency of Funds”,
you are liable to be prosecuted in the court of law. Further, my Client has a civil as well as
a criminal remedy, particularly under Section 138 of the Negotiable Instruments Act, 1881
and provisions of the Code of Civil Procedure,1908.
10. That my Client does hereby asks you to make good the payment of the said amount of Rs.
1,10,000/- WITHIN FIFTEEN (15) DAYS from the receipt of this notice, failing which my
Client will be compelled to take appropriate legal action against you, including filing of a
criminal complaint.
11. Please take note that you have accepted to serve my Client in utmost good faith, under the
Share Broking Agreement signed between you and my Client. Therefore, you are liable to
make good all the losses incurred by my Client. Since your actions necessitated a legal
notice, you are hereby requested to reimburse the necessary legal costs of this NOTICE as
well, amounting to Rs. 7,000/-.
12. Kindly take further notice of the fact that the Cheque along with the response of the Bank
is presently in my custody and the same may be used for initiating appropriate legal action
as and when such a need may arise.
Yous faithfully,
Sd/-
(Muskan Khandelwal)
Practicing Advocate, Bombay High Court
List of Attached Documents

Sr. No. Annex. Particulars
1. Annexure-A Print out of email dated 5th August, 2018 sent by Mr. Ajit
Kumar
2. Annexure-B Photocopy of the Cheques dated 10th August, 2018
3. Annexure-C Photocopy of the Endorsed Cheques
4. Annexure-D Photocopy of the Bank ‘Returning Memo’
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ASSIGNMENT 2 (OPTION 3- ANY OTHER FACTS): MUTUAL CONSENT DIVORCE

APPLICATION
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, PUNE

AT PUNE
H.M. PETITION NO. 135 OF 2022
IN THE MATTER OF:

Shri ABC,
Age 38 years,
S/o Shri KKK,
A-1234, M&T Heights, Koregaon Park, Pune………………..............................Petitioner 1
AND
Smt. CBA,
Age 36 years,
W/o Shri MMM,
D/o Shri CCC,
R/o 318/10C, ADC Heights Building, Pune…..…………………………………Petitioner 2
JOINT PETITION UNDER SECTION 13-B, OF THE HINDU MARRIAGE ACT, 1955 FOR THE
DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE BY MUTUAL CONSENT.
THE PETITIONERS ABOVE NAMED MOST RESPECTFULLY SHOWETH,

1. That the parties to this present petition are Hindus by religion and faith and their marriage
was solemnized as per Hindu rites/customs at Pune on June 25, 2019 and the said marriage
still exists. A certified copy of the relevant extract from the Hindu Marriage Register is
duly filed herewith.
2. The status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition were as follows:
Husband Wife
Status Age Place of Status Age Place of Residence
Residence
(i) Before Marriage Hindu 33 A-1234, Hindu 31 R/o 318/10C, ADC
(ii) At the time of Hindu 38 M&T Hindu 36 Heights Building, Pune
filing this petition Heights,
Koregaon
Park, Pune
3. That the parties after their marriage resided together at the residence of the Petitioner No.1,
that Petitioner No. 2 was, prior to the solemnization of marriage, was known by her maiden
name as BAA Matthews and would pursuant to this petition crave to revert to the said
maiden name, and that there has been no resultant change in the name of Petitioner No. 1
pursuant to the marriage.
4. That there is no issue out of the wedlock of the parties.
5. That due to unavoidable circumstances, including mental incompatibility between the
parties to this petition, the parties over time began to find it impossible to live together as
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husband and wife this eventually led to irretrievable breakdown of their marriage. The
parties agree that temperamental differences are the root cause of this separation of the
parties.
6. That in light of the aforementioned mental incompatibility and temperamental differences,
the parties, have in spite of their bestefforts at reconciliation, not been able to live together
as husband and wife.
7. That Petitioner no. 2 has left the company and cohabitation of the Petitioner No. 1 on May
3, 2021 and the parties have been living separately since then.
8. That considering that the marriage between the parties has come to an irretrievable
breakdown inspite of the best efforts on their part to save the same, the parties have
mutually agreed to dissolve their marriage.
9. That the efforts of reconciliation between the parties to continue in this marriage have failed
and there are no further chances of reconciliation between the parties.
10. That it is further submitted that stridhan and all the other belongings of petitioner No. 2 are
in her own possession and there is no question of any claim with regard to stridhan or any
such thing whatsoever.
11. That with regard to the financial claims of the parties in respect of alimony and
maintenance, it is stated that in light of the financial status of the parties and the peculiar
circumstances of this matter, whatever was mutually determined to be due to each party
has already been handed over to each party by the other party and there remains no further
claim on any one of mentioned articles or things from the other party with regard to dowry,
stridhan, visitation rights or any other right whatsoever, except whatsoever has been already
stated above.
12. That the petitioner No. 2 being a practicing medical officer in a private hospital, is in a
position to maintain herself and she, out of her volition is of a view to waive her right to
maintenance in respect of herself against the petitioner no. 1.
13. That the marriage was solemnized within the local limits of the jurisdiction of this Hon’ble
Court and both the Petitioner No 2 is presently residing within the territorial jurisdiction of
this Hon’ble Court and therefore, this Hon’ble Court has territorial jurisdiction to hear the
present petition.
14. That this petition has not been preferred as a result of any collusion between the parties,
and the mutual consent with which this petition has been forged has not been obtained by
way of force, fraud, coercion or undue influence of any sort or manner.
15. That there has not been any unnecessary or improper delay in instituting the proceedings.
16. That there are no divorce proceedings pending before any court and therefore there are no
legal impediments which could afflict the grant of the decree of divorce to the parties on
the basis of mutual consent.
PRAYER
17. That the petitioners, therefore, humbly pray that-
a. That their marriage be dissolved by a decree of divorce without passing any orders
as to the costs and maintenance, and
b. Any other orders in the interests of justice be kindly passed.
Place: Pune ________________

Dated: August 20, 2023 Shri ABC
Place: Pune ________________

Dated: August 20, 2023 Smt BCA
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VERIFICATION
We, Shri ABC and Smt. BCA the present petitioners, do hereby state on solemn affirmation
that the contents of this petition from paras 1 to 17 are true to their knowledge and true to the
information received and believed to be true by them.
Verified at Pune
Adv. Muskan Khandelwal Shri. ABC and Smt. CBA
(Counsel for Petitioners) s/d Petitioners
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ASSIGNMENT 3: THE TERMS OF SERVICE FOR A WEBSITE AS SERVICE

CONTRACT
USERS ARE INSTRUCTED TO CAREFULLY READ AND UNDERSTAND THE

FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE
THIS AGREEMENT represents a Service Level Agreement (“SLA” or “Agreement”) dated

August 28, 2023 at Pune, India for the provisioning of IT tracking services required to trace
and retrieve stolen /misplaced laptops via a tracking chip and an anti-theft software
BETWEEN
WEB Vigilante Pvt. Ltd. having its registered office at 206, 2nd Floor, East Court Inorbit,
Viman Nagar, Pune, India hereinafter referred to as ‘Service Provider’ which expression shall,
unless the context otherwise requires, include its permitted successors and assignors, OF ONE
PART
AND
‘______’, age-___, s/o____, Occupation ________, residing at _____, hereinafter referred to

as ‘Customer’ (Individual Member/Real Person), OF THE OTHER PART
OR
‘__________’, incorporated on ‘_________’, having Registered Office at ‘______’, holding

CIN ‘________’ hereinafter referred to as ‘Customer’ (Firm/Company/Other Legal Person),
OF THE OTHER PART
NOW WHEREFORE THE PARTIES BEING DESIROUS OF ENTERING INTO THIS SERVICE LEVEL
AGREEMENT, AGREE AS FOLLOWS:
1. ACKNOWLEDGEMENT & ACCEPTANCE
1.1 By enrolling and/or using the services provided through the website
www.laptoptracker.com, the Customer agrees that the Customer has read and
understood this Agreement and that the Customer’s membership in the
www.laptoptracker.comshall conform to the terms and conditions ("Terms") herein
stipulated as may be amended from time to time at the sole discretion of the Service
Provider.
1.2 This Agreement is between the Customer and the Service Provider. It is hereby
informed to the Customer that the website www.laptoptracker.com is completely and
independently managed and endorsed by the Service Provider and it is the engineers
and management of the Service Provider that control and co-ordinate the services
within the same i.ewww.laptoptracker.com.
1.3 Customers do hereby agree to enroll to receive e-mail alerts and advertisement of our
(Service Provider’s) services from time to time upon the agreed period at the time of
User sign up.
1.4 The charge or payment to be made by the customer for enrolling with
www.laptoptracker.comwould be in accordance with the 'Plan' that the customer would
prefer to be subscribed with.
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1.5 The Service Provider reserves the right to limit Service enrolment at any time in the
event of government regulations affecting the same, natural disaster, force majeure or
even if it comes to our notice that you as a user have failed to comply with any one or
all of our Terms and Conditions.
1.6 By using the website, you are entering into an Agreement with the Service Provider. A
physical or digital signature is not required to validate this Agreement.
2. SERVICE DESCRIPTION
2.1 www.laptoptracer.com is an online service (the “Service”) developed by Service
Provider which allows remote tracking and monitoring of laptop devices (the
“Devices”) through a web interface (the “Control Panel”). Devices connect through
an Internet connection to a centralized host (the “Server”) and send information, such
as their current location, model number and using an installed Software (the “Agent”),
which can also perform different actions if requested by the Server.
2.2 The Control Panel is administered by each Customer from any browser with Internet
connection, enabling to customize the behavior to be followed by his device(s) using
all or some of the available actions. The Agent for Mac, Linux, and Windows platforms
is licensed under the GPLv3. The Control Panel is an application that is currently not
licensed, and has been developed, administered and maintained only by the Service
Provider.
3. OUR SERVICE PRIVACY POLICY

The Service Provider takes utmost care possible from its end to maintain the privacy of
your personal information. The full extent of this commitment can be found in the
Privacy Statement. By enrolling and using the Service, the Customer agrees to be bound
by the terms of the Privacy Statement.
4. TERMS OF PARTICIPATION
4.1 Parties must be at least 18 years old to become a Customer.
4.2 The Agent is only to be installed on Devices OWNED by the Customer or where the
Customer has in respect of any device the EXPLICIT PERMISSION to install the said
Agent software. Any misuse of this Service will result in the account being suspended.
Any illegal use of this service will be reported and the Service Provider will comply
with and assist all the law enforcement regarding the misuse. By installing the Software
on your Device you also agree to only plug your computer or Device into systems with
which you have legitimate access to, activating the Agent on a system or account that
you do not have legitimate use of is considered misuse. If you have installed the Agent
on a device that has been sold and you are no longer the owner, you must uninstall the
software and remove the Device from your Control Panel Account, so that all gathered
data is destroyed.
4.3 You must agree to comply with all local, state, province, country or regional laws that
may be applicable to your use of the Internet and your membership with
www.laptoptracker.com.
5. TERMINATION OF MEMBERSHIP
The Customer is solely responsible for properly canceling your account. An email
request to cancel the Customer’s account is not considered cancellation as per this
Agreement. The Customer can cancel his/her/it’s account at any time by using the
website namely www.laptoptracer.com. All of the Customer’s Content will be
immediately deleted from the Service upon cancellation. This information cannot be
recovered once the Customer’s account is cancelled. If the Customer cancels the
Service before the end of his/her/it’s current paid-up month, the cancellation will take
effect immediately and the Customer will not be charged again for any future period.
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The Service Provider, in its sole discretion, has the right to suspend or terminate the
Customer’s account and refuse any and all current or future use of the Service, or any
other service offered by the Service Provider as available at present or as may be
introduced by the Service Provider, for any reason and at any time. Such termination
of the Service will result in the deactivation or deletion of the Customer’s Account or
discontinuation of access to the Customer’s Account, and the forfeiture and
relinquishment of all content in the Customer’s Account. The Service Provider reserves
the right to refuse service to anyone for any reason and at any time.
6. NON-TRANSFERABILITY
Customers are not allowed to share their account with any other individual. Nor is the
Customer allowed to transfer accounts to someone else. The Customer’s membership
will terminate immediately in the event of the Customer’s death. Service accounts are
not transferable upon death or otherwise by operation of law.
7. MODIFICATIONS
The Service provider reserves the right to change this Terms and Conditions document.
Current members will be informed of any and all changes to the Terms and Conditions
by email, however it is also the Customer’s responsibility to check this document
periodically for any changes or modifications and you must not rely on the afore stated
e-mails as a sole source of information regarding this agreement or the Customer’s
membership. The Customer’s continued use of http://laptoptracker.comconstitutes an
affirmative acknowledgement of the Terms and Conditions and any subsequent
modifications made to it and the Customer’s agreement to abide and be bound by the
Terms and Conditions document in its modified form.
The Service Provider reserves the right to modify or discontinue the Service with or
without notice to the Customer. The Service Provider shall not be liable to Customers
or any third party in respect of any act or exercise of the afore stated right of
modification or discontinuation of the Service.
8. INTELLECTUAL PROPERTY
The Customer acknowledges that the Service Provider or the associated third parties
own all right, title and interest in and to the Software and Service, portions thereof, or
software or content provided through or in conjunction with the Software or Service,
including without limitation all intellectual property rights. Except for the license
GPLv3 indicated in Clause 1, all rights in and to the Software and Service are reserved,
and no implied licenses are granted by the Service Provider.
9. LIMITATION OF LIABILITY
9.1 Under no circumstances shall the Service Provider, or its Suppliers, Resellers, Partners
or their Respective Affiliates be liable for any indirect, incidental, consequential,
special, exemplary, or punitive damages arising from or related to the software or
Service, whether such claim is based on warranty, contract, tort (including negligence),
or otherwise, (even if the Service Provider has been advised of the possibility of such
damages).
9.2 Without limiting the foregoing, the total aggregate liability of the Service Provider, and
its Suppliers, Resellers, Partners and their Respective Affiliates arising from or related
to this agreement shall not exceed the amount, if any, paid by the Customer to the
Service Provider for the Software or Services. If the Software and Services are provided
without charge, the Service Provider and its suppliers shall have no liability to the
Customer whatsoever.
9.3 The foregoing limitations of liability shall apply whether the damages arise from use or
misuse of and reliance on the software or service, from inability to use the software or
service, or from the interruption, suspension, or termination of the software or service
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(including such damages incurred by third parties). Such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the fullest
extent permitted by law.
9.4 TERMS AND CONDITIONS and the relationship between the Customer and the
Service Provider shall be governed by the laws of the State of Maharashtra without
regard to its conflict of law provisions. The Customer and Service Provider hereby
agree to submit to the personal and exclusive jurisdiction of the courts located within
Pune, Maharashtra.
9.5 This Agreement constitutes a complete and exclusive understanding between the parties
relating to the subject matter hereof and supersedes all prior or contemporaneous
understandings, agreements, communications, and/or advertising with respect to such
subject matter provided that nothing in this Agreement seeks to limit or exclude any
right either party may have in respect of fraudulent misrepresentation.
9.6 Failure to exercise or enforce any right or provision of this Agreement by the Service
Provider shall not constitute a waiver of such right or provision unless such waiver has
been acknowledged by the Service Provider in writing.
10. SEVERABILITY
If any part of these Terms is unenforceable (including any provision by which
www.laptoptracer.com excludes its liability to the Member), the enforceability of any other
part of these Terms will not be affected.
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ASSIGNMENT 4: A PLAINT /SUIT FOR RECOVERY OF MONEY
IN THE COURT OF DISTRICT JUDGE, PUNE
AT PUNE
Civil Suit No.: 125 of 2023
M/s ABC Pvt. Ltd. …Plaintiff

Versus
M/s XYZ and Sons … Defendant
SUIT FOR RECOVERY UNDER ORDER XXXVII OF THE CODE OF CIVIL

PROCEDURE 1908
SR. NO. ANNEXURE PARTICULARS
1. Annexure-A Copy of Resolution
2. Annexure-B Copy of Purchase Order
3. Annexure-C Copy of Acknowledgement Receipt
4. Annexure-D Copy of bill
5. Annexure-E Copy of Bank Memo
6. Annexure-F Original Copy of Bank Endorsed Cheque
7. Annexure-G Copy of Legal Notice dated September 30, 2022
8. Annexure-H Copy of Acknowledgment Receipt of the Notice
MUSKAN KHANDELWAL………………………………….COUNSEL FOR PLAINTIFF
IN THE COURT OF DISTRICT JUDGE AT PUNE

Civil Suit No.: 125 of 2023
(Under Order XXXVII of the Code of Civil Procedure 1908)

BETWEEN:
M/s. ABC Pvt. Ltd.,
Through, Mr. Karan Kundra, M.D.
56, New India Bulls,
Lowe Parel, Mumbai-
28……………………………………………….……….………Plaintiff
AND
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M/s. XYZ & Sons,

555, Krishna Towers,
Kothrud, Pune –
25……………………………………………………………………..Defendant
PLAINT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908
THE PLAINTIFF RESPECTFULLY SUBMITS HEREWITH:
1. That the present suit is being filed under the specific provisions under Order XXXVII of
the Code of Civil Procedure, 1908.
2. That the plaintiff is a company under the name and style of M/s ABC Pvt. Ltd. and Mr.
Karan Kundra, through whom the present suit is being instituted, is the Director of the
plaintiff company that runs an automobile business and he has been adequately authorized
by the plaintiff vide Resolution dated December 3, 2015 and Mr. Kundra is fully competent
to engage the counsel, sign the Vakalatnama, plaint, affidavit, applications etc. to depose
before this Hon’ble court and to do such other acts, deeds and things. The copy of the
Resolution is enclosed as Annexure –A.
3. That during the course of business the plaintiff has supplied spare parts worth Rs.
11,00,000/- to the defendant. A purchase order to this effect was received by the plaintiff
on August 15, 2022, a copy of which is enclosed as Annexure-B. The plaintiff delivered
the requisite movable property as per the satisfaction of the defendant. The defendant
acknowledged the receipt of the goods vide the acknowledgment receipt dated September
10, 2022, a copy of which is enclosed as Annexure –C. During the course of business, the
plaintiff issued proper bills to the defendant, which were accepted and acknowledged by
the defendant. The copy of the Bill is enclosed as Annexure –D.
4. That the defendant issued the Cheque bearing No. 167994 dated September 21, 2021 for
the sum of Rs. 11,00,000 drawn at State Bank of India, Senapati Bapat, Pune in favour of
the plaintiff towards the consideration for the movable properties purchased from the
plaintiff.
5. That the plaintiff presented the cheque through his own bankers, i.e.; State Bank of India,
but the same was returned unpaid, on September 24, 2022 with the endorsement of
“insufficiency of funds” in the account of the defendant as per the remarks of the banker of
the defendant.
6. That other necessary particulars are as under for the convenience of this Hon'ble Court: -
a) Date of cheque: September 21, 2022
b) Date of presentation of Cheque before the Bank: September 22, 2022
c) Date of dishonour of Cheque: September 24, 2022
d) Date of receipt of Memo of dishonour of cheque: September 24, 2022
e) Date of sending of Notice: September 30, 2022 (within 30 days from September 24)
f) Date of service of Notice: September 30, 2022
g) Date when cause of action arose: October 15, 2022 (15 days after service on
September 30)
7. That the memo to that effect was duly communicated to the plaintiff by its banker on
September 24, 2022 which is enclosed as Annexure E.
8. That the cheque has been presented to the bank within a period of three months from the
date on which it is drawn i.e., on September 22, 2022. The Endorsed Cheque has been
attached herewith as Annexure F.
9. That the plaintiff in due course of the cheque, as per the requirements under Section 138 of
Negotiable Instruments Act, 1881 has made a demand for the payment of the said amount
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of money by giving a notice in writing to the defendant within statutory period of thirty
days of the receipt of information by him from the bank regarding return of the cheque as
unpaid.
10. That the said notice was sent on the correct address of the defendant through a
Registered/AD letter as well as through UPC on September 30, 2022 and the copy of the
Legal Notice is enclosed as Annexure G. The said registered letter has been received by
the defendant on September 30, 2022 and the copy of Acknowledgment of Receipt of the
Notice is attached herewith as Annexure - H.
11. That the cause of action accrued to the plaintiff on September 24, 2022, when the cheque
was dishonoured and thereafter on September 30, 2022 when the legal notice was sent to
the defendant through Registered/AD letter.
12. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble Court and
all the correspondence from the defendants were received at the designated and registered
office address and the office of the defendant is located in the territory of this Hon'ble Court,
hence this Hon'ble Court has each and every jurisdiction to try and entertain this suit under
Section 19 of Code of Civil Procedure, 1908.
13. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 11,00,000/-
and for the purposes of recovery and correct and authorized court fee stamp of Rs. 3456/-
has been affixed on the plaint.
PRAYER
14. It is, therefore, most respectfully prayed that:
a) Order a decree for recovery to the effect that plaintiff is entitled to recover a sum of
Rs. 11,00,000/- along with interest @ 18% w.e.f September 21, 2022 till the date of
realisation of amount,
b) Cost of this suit, be passed in favour of plaintiff and against the defendant, and/or
c) Such other reliefs as deemed fit and proper in the facts and circumstances of the case
may also be passed in favour of the plaintiff and against the defendants in the interest
of justice.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS

IN DUTY BOUND SHALL EVER PRAY.
Sd/- Sd/-
(Muskan Khandelwal) (Karan Kundra, for M/s. ABC Pvt. Ltd.)
COUNSEL FOR PLAINTIFF PLAINTIFF
VERIFICATION:
I, Karan Kundra, Director, M/s. ABC Pvt. Ltd. do hereby verify that the contents of the above
plaint from paras 1 to 14 are true and correct to the best of my knowledge and belief, and no
part of it is false and nothing material has been concealed therein.
Verified at Pune this the 16 August, 2023.
Sd/- Sd/-
(Muskan Khandelwal) (Karan Kundra, for M/s. ABC Pvt. Ltd.)
COUNSEL FOR PLAINTIFF PLAINTIFF
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ASSIGNMENT 5: AN APPLICATION FOR MAINTENANCE
IN THE COURT OF THE JUDGE, FAMILY COURT, GOA
Marriage Petition No 56 /2023
Smt. Jacinta Raman,

D/o Rita Raman,
R/o Camelot Apartments,
Panjim, Goa- 403021 …Petitioner
Versus
Shri Manish Nair,

S/o Anuj Nair,
R/o, 102-C, Madha Colony,
Banjara Hills, Hyderabad- 500034 …Respondent
APPLICATION FOR ALIMONY PENDENTE LITE AND EXPENSES OF PROCEEDINGS UNDER

SECTION 37 OF THE SPECIAL MARRIAGE ACT, 1954
List of Documents
Sr. No. Annexure Particulars
1. Annexure-A Copy of the Marriage Certificate
2. Annexure-B Attested Copy of School Bills
Attested Copy of pension bills, bank balances of the father

3. Annexure-C
of the Applicant
THE PETITIONER ABOVE NAMED SUBMITS THIS APPLICATION, PRAYING TO STATE AS

FOLLOWS:-
1. That the Petitioner maintains that the proceedings for divorce between the parties under
Section 28 (2) of the Special Marriage Act, 1954 (hereinafter referred to as ‘the Act’) are
pending before this Hon’ble Court and that this application for maintenance pendente lite
is made under Section 37 of the said Act.
2. The Petitioner also submits that the next day for hearing of the case is fixed for 10 th
February, 2024.
3. That the Applicant was married to the Respondent at Hyderabad on the July 19, 2004 and
the marriage was solemnized duly registered by the Marriage Officer under the Special
Marriage Act, 1954 and the said marriage is subsisting. A copy of the marriage certificate
attached as Annexure – A.
4. That the Petitioner and the Respondent were happily married for 9 years and have two
children from their marriage; a 8 year old daughter Jessi and a 4 year old son Jis, who are
currently residing with their mother, the Petitioner.
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5. That the Petitioner and Respondent have been living separately since January 2012, due to
severe rifts and misunderstanding and have since filed for divorce. The parents of the
Petitioner tried to negotiate between the couple but the Respondent was unwilling to
reconcile.
6. That the Petitioner has filed for divorce against the Respondent before the Hon’ble Court
in OS N0. 29/ 2012 dated September 26, 2012 on the ground of cruelty.
7. That the Respondent is working as an Special Technical Officer at Cognizant Ltd. and
draws a salary of Rs. 24,00,000 per month.
8. That the Petitioner is a B.Com. graduate but has been a housewife since marriage, as was
required to take care of the children. The Petitioner does not own any immovable property
and has no source for income for her livelihood or the livelihood of their children. That
since the Petitioner has no independent income that is sufficient for her as well as the care
and needs of the children who have been entrusted to her; she is not been in a position to
incur the necessary expenses for the proceedings pending before this Court.
9. That the Petitioner and her two children, are dependent on the Petitioner’s father, Mr. David
Raman, who is a retired school teacher and presently draws a pension of Rs. 18,000/- per
month. That the pension records and also the bank account statement for the past three
months has been enclosed herewith as “Annexure- C”.
10. That the Applicant’s children are attending school in Goa and their monthly school fees
come up to Rs. 63,000/-. The School bills for the past three month have been attached
herewith as “Annexure- B”
11. That the Respondent has a house and landed properties at the following places –
a) An independent villa in Kukatpally, Hyderabad where is currently residing which costs
around rupees 42 Crores.
b) A row house in Dream Ville, Dombivelli, Mumbai costing around 25 Crores from
which he draws a monthly rent of Rs. 60,000/-
c) An agricultural land of around 5 acres, in Ranga Reddy District Telangana from which
he draws an annual income of Rs. 7.50,000/-
12. That the Petitioner submits, having taken into consideration the income of the Respondent,
an amount of Rs 1,25,000/- (one lack twenty five thousand only) per month be kindly
granted to the Petitioner as maintenance pendente lite towards the sustenance of her
lifestyle and the care of their children including expenses for schooling and others. Further
that a lump sum of Rs 20,000/- (Rupees twnety thousand only) be paid to the Petitioner
towards the expenses for the conduct of the proceedings pending before this Hon’ble Court.
13. That the Petitioner also submits that the amount asked by the petitioner by the submission
of this application towards the maintenance pendent lite and expenses for the proceedings
are just and proper.
PRAYER
14. That the Petitioner, therefore, prays:
a. That the Respondent may please be directed and order to pay unto this Petitioner
a Sum of Rs 1,25,000/- (one lack twenty five thousand only) per month during the
pendency of these proceedings.
b. That the Respondent may also please be ordered to pay unto this Petitioner a lump
sum of Rs 20,000/- (Rupees twenty thousand only) towards the expenses for the
conduct of the proceedings in the Hon’ble Court, and/or
c. Any other order that the Court may deem fair and proper in the interest of justice
may be kindly passed.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY

BOUND SHALL EVER PRAY
14
Place: Hyderabad
Date: August 25, 2023
Sd/-
Sd/-
(Muskan Khandelwal) (Jacinta Kumar)
Counsel for Applicant Applicant
VERIFICATION
I, Jacinta, the Petitioner above named, do herby state on solemn affirmation that the contents
of this application in paras 1 to 16 are true and correct to the best of my knowledge and belief.
Verified at Hyderabad
Adv. Muskan Khandelwal. Smt. Jacintha Bhushan

(Counsel for Applicant) s/d Applicant
15
ASSIGNMENT 6: LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT OF LEAVE AND LICENSE (hereinafter referred to as “Agreement”)

made at Pune on August 20, 2023 (hereinafter referred to as “Execution Date”)
BY AND BETWEEN
ABC Private Limited., a Private Limited Company registered under the Companies Act, 2013,
having its office at A/34, Tirupati Towers, Lonavala Road Pune - 411001 (hereinafter called
the “Licensor” which expression shall, unless repugnant to the context or meaning thereof, be
deemed to mean and include the successor(s) and/or its assigns) of ONE PART
AND
XYZ & Associates, a Partnership Firm registered under the Limited Liability Partnership Act,
2008, having address at 5th Floor, Siddhesh Towers, Lohegaon Pune - 411029 (hereinafter
called the “Licensee” which expression shall, unless repugnant to the context or meaning
thereof, be deemed to mean and include the successor(s) and/or its assigns ) of the OTHER
PART;
WHEREAS:—
(a) The Licensor is the absolute owner of the premises bearing Shop No. 18F, admeasuring
approximately 1000 square feet, situated at First Floor, Plaza Shopping Centre, MG Road,
Pune.(“Premises”)
(b) The Licensee has approached the Licensor with a request to allow it to make use of the said
premises for the purpose of sale of mobile phones and accessories by way of pure and
simple License and without claiming any other rights therein upon the terms and conditions
appearing hereinafter.
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:—
1. PERIOD: The Licensor hereby grants, a limited, non‐exclusive, non-sub-licensable and
non-transferable Leave and License to the Licensee to use and occupy the said Premises
along with fixtures and furniture lying therein for a period of 4 (FOUR) years (“Term”)
commencing from December 1, 2023 and ending on November 30, 2027.
1.1 Lock-in period: The lock-in period, i.e., duration within which the Agreement cannot
be terminated is:
(i) For the Licensor –during the Term of the Agreement, i.e., 4 years (unless there
is a breach of Clause 4, 7(l), or 10 of the Agreement.)
(ii) For the Licensee – 2 years from Execution Date
2. RENT AND DEPOSIT: In consideration of the grant of the license to use the said Premises as
aforesaid, the Licensee shall pay to the Licensor a license fee at the rate of INR 40,000/-
(Rupees Forty Thousand only) (“License Fee”) per month commencing from the first day
of December, 2023 (payable in advance on the 3rd day of every month).
2.1 Escalation: The License Fee is payable with a 10% rate of annual escalation.
2.2 Consequence of Delay in Payment: Any delay in payment of the License Fee shall
carry interest of 18% per annum.
2.3 Deposit: In addition to the said monthly compensation, the Licensee shall on or before
execution hereof deposit a sum of INR 2,00,000/- (Rupees Two Lakhs only) with the
Licensor as interest free security deposit (“Security Deposit”) for due performance of
16
this Agreement by the Licensee payable as follows (i) 50% on Execution Date and (ii)
balance 50% payable 2 months after the Execution Date of the Agreement.
The said deposit will be returned to the Licensee without interest 1 (ONE) month after
termination/expiry of the Agreement and after deducting amount, if any, payable by the
Licensee to the Licensor under this Agreement.
3. MAINTENANCE AND OTHER CHARGES: In addition to the payment of the aforesaid License
Fee, the Licensee shall also bear and pay the actual maintenance charges, taxes, (including
any increase thereof), other outgoings and electricity charges in respect of the Licensed
Premises. The Licensee shall also bear and pay all expenses for repairs and maintenance
charges to keep the licensed Premises in good and tidy condition.
Electronic items such as air-conditioner, water cooler, coffee machine and inverter are
provided by the Licensor. The details of such electronic items are set forth in Schedule A.
However, maintenance of these is responsibility of the Licensee. Any laxity in maintenance
of the aforementioned facilities provided by the Licensor shall result in deduction of
amount from the Security Deposit as per the discretion of the Licensor, subject to the
maximum amount deducted being the Maximum Retail Price of the facilities provided.
Apart from the aforementioned electronic items, the said Premise is not furnished, and
Licensee can make the interiors as per their requirements provided that the maintenance
and upkeep of the said Premises and facilities aforementioned is not compromised. All
expenses relating to the additional furnishing carried out by the Licensee shall be borne by
the Licensee, and in no event can be recovered from the Licensor.
4. USE: The Licensed Premises shall be used by the Licensee for sale of mobile phones and
accessories only. If the Licensee carries out any activity not relating to or arising from the
sale of mobile phones and accessories in the said Premises, it shall result in the immediate
termination of the Leave and License granted herein without giving a notice period thereto.
The Licensee shall use the licensed Premises with due care and caution and shall keep the
said Premises in good order and condition. Upon the expiry of this license, the Licensee
shall leave the same in as good condition as they are on the date hereof and shall make
compensation for any damage done (reasonable wear and tear excepted).
5. INCLUSION OF AGENTS, ETC. IN LIABILITY: The Leave and Licence granted hereunder is
strictly for the use of the Licensee during the Term of this Agreement and for the scope of
activity provided in Clause 4. The Licensee shall not induct any other person in the said
Premises or allow any other person to use or occupy the said licensed Premises or any part
thereof for any purpose. It is expressly agreed that the Leave and License granted to the
Licensee to use the said Premises is purely personal to the Licensee and shall in no case
exclude the Licensor or its agents, servants, representatives etc. from looking after the said
Premises.
6. KEYS: The Licensor shall deliver one set of duplicate keys of the main door of the said
Premises to enable the Licensee to enter and use of the said Premises. However, the
possession of the said Premises physical and judicial along with original set of keys shall
always remain with the Licensor. Any damage to the set of keys provided to the Licensee
shall be repaired by the Licensee, and the cost of the same shall also be borne by the
Licensee. Upon expiry of the Agreement or early termination thereof, as the case maybe,
all sets of keys must be returned to the Licensor.
7. COVENANTS: The Licensee hereby covenants with the Licensor as follows:—
7.1 To pay regularly and punctually as provided hereinabove the monthly License Fee and
17
other amounts payable by it to the Licensor.

7.2 To procure all operational licenses (necessary permits, consents and authorizations
required by any authority) without which licensee shall not be permitted to commence
commercial operations from the premises
7.3 To use in a prudent manner the said Premises for the purpose of office only and for no
other purpose whatsoever. The Licensee shall not carry on any illegal or illegitimate
activities in the said premises.
7.4 Not to damage any of the walls, partitions walls, flooring and ceiling of the said
Premises or any of the Licensor fixtures, furniture, fittings and articles therein and to
keep the same in good order and condition (reasonable wear and tear excepted).
7.5 The Licensee shall not carry out any work of permanent alteration whether structural
or not in or about the said Premises or any portion thereof.
7.6 Not to hold the Licensor responsible or liable for any loss or damage suffered by the
Licensee on account of destruction caused to or in the said Premises or to any property
brought by the Licensee in the said premises either by fire, accident, theft or otherwise
or by any act of omission on the part of the occupants of the other premises in the said
property except for willful default or negligence on the part of the Licensor.
7.7 To make good to the Licensor any loss or damage that may be caused to the said
Premises and equipment or apparatus or any other fittings, fixtures, articles or property
of the Licensor therein as a result of negligence on the part of the Licensee, its servants,
employees, agents, customers, visitors and/or persons calling at the said Premises in
connection with the business of the Licensee.
7.8 Not to do or permit to be done upon the said Premises anything which may be or
become a nuisance to the Licensor or the other occupiers of the said Premises or to any
of the neighboring premises or which may prejudicially affect the rights of the
Licensor.
7.9 Not to bring or store in the said Premises any combustible or otherwise dangerous
material as may impair the safety of the building or as may increase the premium of
Insurance of the building or render void the Insurance.
7.10 To perform and observe strictly the provisions hereof and also the laws for the time
being in force and also the rules and regulations and bye-laws of the Society and
applicable to the said property in which the said Premises are located.
7.11 Not to claim exclusive possession of the licensed Premises, such exclusive possession
of the said Premises being with the Licensor and not to claim tenancy rights or any
other right, higher than the limited right to use the licensed Premises during the Term
and not to claim any protection as tenant or protected licensee under the Rent Act.
7.12 To indemnify the Licensor against any loss or damage that may be suffered as a result
of breach of any of the provisions herein contained or otherwise due to any act or
conduct of the Licensee, its staff, employees, servants and agents leading to breach of
the provisions hereof or of law or of the rules and regulations and bye-laws of the
Society or body owning the said building, as may be in force for the time being and
from time to time.
8. INSPECTION: That, the Licensor shall, on a notice of 2 (TWO) days given by the Licensor
to the Licensee, have a right of access either by himself or through authorized representative
to enter, view and inspect the Licensed Premises at reasonable intervals.
18
9. TRANSFER/ASSIGN: The Licensee shall under no circumstances be entitled to assign or

transfer the benefit of this Agreement to any other person/s on any basis whatsoever. Any
attempt to circumvent this clause shall result in the immediate termination of the Agreement
without providing any notice period to the Licensee.
10. TERMINATION:
10.1 In the event of the Licensee committing default in making payment of any of the
monthly fees provided under clause 2 on their respective due dates or default in
payment of the charges mentioned in clause 3 above or commits breach of any of the
terms, covenants and conditions of this Agreement or if any legislation prohibiting the
Leave and License is imposed, the Licensor shall be entitled to revoke and / or cancel
the License hereby granted, by giving notice in writing of 1 (ONE) month and the
Licensee too will have the right to vacate the said Premises by giving a notice in writing
of 1 (ONE) month.
10.2 Upon any contravention of Clause 4, Clause 7(l) or Clause 10 of this Agreement, the
Licensor reserves the right to terminate the Agreement with immediate effect, without
affording any notice period to the Licensee.
11. This Agreement is to be registered and the expenditure of Stamp duty and registration fees
and incidental charges, if any, shall be borne equally by the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the
day and year first hereinabove written.
THE COMMON SEAL of the within named )
ABC Private Limited, the Licensor, was hereunto )
affixed, pursuant to the Resolution of its )
Board of Directors, passed in that )
behalf on the 7th day of August 2023, )
in the presence of (1) Mr. Rohit Saraf )
Managing Director and (2) Mr. Bhavesh Seth )
Director, and in the presence of Mrs. Sakshi Khandelwal )
THE COMMON SEAL of the withinnamed )

XYZ & Associates, the Licensee, was hereunto )
affixed, 4th on the day of August, 2023 in the )
presence of (1) Mr. XV, the Managing Partner; )
(2) Mr. DR, the Partner Designate and )
(3) Mr. YZX, the Junior Partner. )
SCHEDULE A: THE FIXTURES

List of fixtures with their specifications, that are a parcel of the said Premises in the Agreement,
and that are licensed to the Licensee by the Licensor are as follows:
19
1. Air-conditioner - Videocon 1.5 Ton 5 Star Split Ac;

2. Water cooler – Aqua-guard M402;
3. Coffee machine -Espresso Café Coffee Day Machine; and
4. Inverter -Luminous Inverter
20
ASSIGNMENT 7 (OPTION 1): ANTICIPATORY BAIL APPLICATION
IN THE COURT OF SESSION JUDGE, MUMBAI

Bail Application 423/2013
Misc. Application no 254/2013
IN THE MATTER OF:-
Mr. NB, Age 56,
Dy. Inspector General of Police, Maharashtra State,
R/o Mumbai ………………………………..APPLICANT
Versus
State of Maharashtra …….………………………………RESPONDENT
AN APPLICATION FOR THE GRANT OF ANTICIPATORYBAIL U/S 438 OF THE

CRIMINAL PROCEDURE CODE1973.
THE APPLICANT ABOVE NAMED RESPECTFULLY SUBMITS AS UNDER.

1. That the FIR no. 134/2011 stands registered at the Mazgaon police station against the
Applicant, Mr. NB, Dy. Inspector General of Police, Maharashtra State.
2. That the said FIR has been registered by the NGO by the name of “Human Rights Legal
Network”, alleging false facts of involvement in the conspiracy of fake encounter of a
criminal in custody.
3. That the said FIR is false at a very prima facie value as no remote proximity or
connection between the Applicant and the crime can be constructed.
4. That the Applicant is a part of the Indian Police Services and holds the designation of
Dy. Inspector General of Police, Maharashtra State, and has devoted nineteen years to
service. The Applicant was awarded a number of medals including the President’s
Police Medal for Distinguished Service, Police Medal for Gallantry, etc.
5. That after the FIR for offences under Sections 121 and 124-A of IPC was filed against
the well-known gangster operating under the name of “Latif” in Maharashtra, Gujarat,
Rajasthan and Delhi, one of the IPS batch mates of the Applicant, Superintendent of
Police Diwakar Banerjee of Rajasthan Cadre, approached the Applicant seeking the
prior permission and assistance to take the gangster into custody. At that time the
Applicant was posted as Additional Commissioner of Police, Crime Branch, Mumbai.
6. That based on the representation made by Accused No. 3, the Applicant directed Senior
Police Inspector, Detection Crime Branch, Mumbai City, Mr. GR to render necessary
aid to the Rajasthan Police so as to apprehend Latif. They provided reasonable logistic
support and assistance.
7. That the Applicant from a reliable source learnt that Latif was hiding in Bandra Area of
Mumbai and under the orders of the Applicant, Senior Police Inspector GR, Detection
Crime Branch, Mumbai City provided necessary assistance to a police team of the
Rajasthan Police Force headed by Accused No. 3.
8. That on 23/10/2011, the Applicant received secret information from one of his
informers that Latif was staying in Sunmark Hotel, Carter Road, Bandra, Mumbai under
the assumed name of Usman. Subequently, the Applicant and few others went to
Sunmark Hotel and arrested Latif. Latif was brought to the Bandra Crime Unit and a
station diary entry was made recording the arrest and an arrest panchnama was prepared.
9. That the Rajasthan Police requested the Applicant and Senior Police Inspector GR to
provide them necessary permit and the means to take Latif to Jaipur for the purposes of
investigation.That the Applicant directed Senior Police Inspector GR to accompany the
21
Rajasthan Police Party and accordingly they left towards Jaipur. As the convoy of
vehicles reached Bhilad check-post at Gujarat State, the Rajasthan Police asked Senior
Police Inspector GR to go back to Mumbai as they had crossed to the territorial limits
of Gujarat and would require assistance from the Gujarat Police. Hence, Senior Police
Inspector GR returned to Mumbai from there. Later it was learnt that Latif was killed
in an encounter near Navsari on 24/10/2011.
10. That from the above stated facts it is evident that the Applicant was not directly or
indirectly a part of any criminal conspiracy under Section 120 of the Indian Penal Code
and even if there was conspiracy, the acts performed by the Applicant were well within
the ambit of his professional duty. Since what he did was in the pursuance to carry out
his official obligation.Hence, he cannot be held liable for his action.
11. That the Applicant is a Gazetted officer serving as the Dy. Inspector General of Police,
taking Latif into would be a part of his duties and well within the scope of his
professional capacity and powers provided to him by the State Administration. Further,
if the Applicant is remanded to magisterial custody, the efficacy and furtherance of
actions of the administrative machinery of the State will come to a halt as the post held
by the Applicant is an important one.
PRAYER
It is, therefore, humbly prayed that in view of the aforementioned circumstances, this
Hon’ble Court may be pleased in the interest of justice to admit the Applicant an
anticipatory bail and issue directions to the police officials of the police station that in the
event of arrest of the Applicant, he is released on bail and since the offence is cognizable
in nature the Applicant undertakes to abide by any of the conditions imposed by this court
for admitting the Applicant to anticipatory bail.
Place: Mumbai Mr. NB

Dated: September 29, 2013 S/d- Applicant
VERIFICATION
I, NB, the Applicant, above-named do hereby solemnly state and declare that the contents
of para 1 to 4 are true my knowledge and the contents of para 5 to 11 are based on the
information supplied to me and I believe the same to be true and nothing material has been
concealed there from.
Place: Mumbai
Date: September 29, 2013.
Adv. Muskan Khandelwal Mr. NB

(Counsel for Applicant) s/d APPLICANT
22
ASSIGNMENT 8 (OPTION 1): REGULAR BAIL APPLICATION
IN THE COURT OF SESSIONS JUDGE, MUMBAI

AT MUMBAI
Criminal Misc. Application no 136/2013
IN THE MATTER OF:-
Mr. GR, Age 52,
Senior Police Inspector, Detection Crime Branch, Maharashtra,
Resident of Nagapada Police Quarters, Mumbai …..…..………....APPLICANT
Versus
State of Maharashtra ……..…………RESPONDENT
APPLICATION FOR THE GRANT OF BAIL U/S 437 OF THE CRIMINAL

PROCEDURE CODE, 1973
THE APPLICANT ABOVENAMED SUBMITS THIS APPLICATION, PRAYING TO STATE AS
FOLLOWS:
1. That the FIR no. 134/2011 stands registered at the Mazgaon police station against the
Applicant, Mr. GR, Senior Police Inspector, Detection Crime Branch, Mumbai City.
2. That the said FIR has been registered by the NGO by the name of “Human Rights and
Socio-Legal Network”, alleging false facts of involvement in the conspiracy of fake
encounter of a criminal in custody.
3. That the said FIR is false at a very prima facie value as no remote proximity or
connection between the Applicant and the crime can be constructed.
4. That the Applicant is a respectable, law abiding and a decorated officer of the State who
has been falsely implicated in the above case. He has put in 23 years of service and is
known for his acumen in dealing with complicated cases and was awarded the Best
Investigation Officer trophy for 4 consecutive years since 2008, in addition to being an
immensely decorated officer.
5. That the Applicant was arrested by the police on 15th July, in lieu of the supplementary
charge-sheet filed against him before the 2nd Addl. C.M.M., Mazgaon Court, Mumbai,
and was remanded to magisterial custody in the above case.
6. That the Applicant has been in custody for the past two months but no evidence of
substance has been adduced or put forth by the Respondent.
7. That Applicant submits that he should be granted bail as he is completely innocent and
that the charges levied against are baseless and concocted by the Respondent in
response to the pressures exerted by the political parties and the human rights
organizations.
8. That the Applicant submits that he has had a good track record in his service and in
case the bail is not granted by this Hon’ble Court to the Applicant, he shall suffer
irreparable loss and injury and also shall be subjected to heavy mental harassment for
no fault on his part.
9. That the Applicant respectfully submits that he will obey and abide by the orders and
terms and conditions as may be imposed by this Hon’ble Court. On the contrary, he
will extend full cooperation to the police and face the trial to vindicate his innocence.
10. That the proper Court fees is paid herewith as is applicable to the Applicant to furnish
the bail.
23
11. That the Applicant undertakes to abide by the conditions that this Honorable Court may
impose at the time of granting bail to the Applicant and further undertakes to attend the
trial on every date of hearing.
PRAYER
In view of the above stated facts and circumstances it is most respectfully prayed that this
Hon’ble Court may be pleased to grant bail to the Applicant in connection with FIR
No.134/2011 registered at Mazgaon Police Station, Mumbai and/ or pass any other order
as it may deem fit and proper in the interest of justice.
Place: Mumbai Mr. GR

Dated: August 18, 2013 S/d- Applicant
VERIFICATION
I, Shri GR, Senior Police Inspector, Detection Crime Branch, Mumbai City, resident of
Nagapada Police Quarters, Mumbai, do hereby solemnly affirm that the facts contained in
Para 1-11 are true to the best of my knowledge.
Place: Mumbai
Dated: September 18, 2013.
Adv. Muskan Khandelwal Mr. GR

(Counsel for Applicant) s/d APPLICANT
24
ASSIGNMENT 9: FRANCHISE AGREEMENT
SR. NO. APPENDIX NUMBER DETAILS

1. Appendix A Schedule pertaining to
definitions and
interpretation
THIS AGREEMENT OF FRANCHISE (“AGREEMENT”) IS MADE AND ENTERED INTO AT PUNE

ON 27TH DAY OF AUGUST, 2023(“EXECUTION DATE”)
BY AND BETWEEN
M/s ABC Confectionery, a Partnership Firm, registered under the Indian Partnership Act,
1932, having its principal office at 4th Floor, Dalamal Towers, Fort, Mumbai 400 001,
Maharashtra, India (hereinafter called ‘THE FRANCHISOR’), of ONE PART;
AND
M/s Y Private Limited, a company registered under the Companies Act, 2013, having its
registered office at 1st Floor, D-21/49, Sakore Nagar, Pune- 411 014, Maharashtra, India
(hereinafter called ‘THE FRANCHISEE’), of OTHER PART;
Collectively referred to as the “Parties”.
WHEREAS: —
A. The Franchisor has been carrying on Confectionery Business under the brand name of
“ABC Confectionery” in India.
B. The Franchisor is the registered owner of trade mark/brand “ABC” and the substantive
goodwill and reputation attaching to the said business as referred to above.
C. Pursuant to the discussion between the Parties, the Franchisor wishes to appoint the
Franchisee as the Franchisee and distributor for the sale of the products of the
confectionery traded by Franchisor under the brand name of ABC.
D. Franchisee is willing to act as the Franchisee and distributor of the products
manufactured by ABC Confectionery under the brand name of “ABC” in certain
regions of Pune on the specific terms and conditions appearing hereinafter.
IT IS HEREBY AGREED AND RECORDED AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATIONS
For the purpose of this agreement, the following expressions shall bear the respective
meaning set forth in the Appendix A.
2.GRANT OF RIGHT
The Franchisor hereby appoints the Franchisee as its Franchisee to sell and promote the sale
of the products under the brand name of ABC.
3.TERRITORY
3.1.The Franchisor has hereby agreed to grant the Franchise rights in Pune to the Franchisee
through this Agreement.
3.2.The Franchisor and Franchisee shall mutually agree upon the outlets where the
establishment would function, would be presently 1 (One) in number, namely in SB Road,
Pune. Any change in the location of the store shall be by mutual consent.
4.SERVICES, TERMS & CONDITIONS
25
4.1.The initial period of the present arrangement shall be for a period of 5 [Five] years
commencing from 27th August, 2023 and expiring on 28th August, 2028.
4.2.The Franchisee will pay to the Franchisor a One Time Franchise Fee of Rs. 5,000,000
[Rupees Five Million Only]
4.3.On the expiry of the initial period, the parties may periodically renew the franchise
agreement for a period of 3 [Three] years for which the franchisee will have to pay the
franchisor a Periodic Renewal Fee of Rs. 3,000,000 [Rupees Three Million Only]
5.RIGHTS UNDER FRANCHISE AGREEMENT
5.1.The Relationship between Franchisor and Franchisee shall be solely that of the seller and
buyer and Franchisee shall have no right or authority to create or assume any obligations
or responsibility of any kind in the name of or on behalf of Franchisor.
5.2.Franchisee shall not have any right to represent Franchisor for any purpose whatsoever
unless otherwise agreed to in writing on a case-to-case basis.
6.OBLIGATIONS OF THE FRANCHISEE
6.1.The Franchisee shall set up, decorate and furnish the outlet at its own expenses as per the
design and layout provided by the Franchisor.
6.2.Franchisee shall put up the ABC name board on its showroom as per the logo provided by
the Franchisor. The Franchisor shall also provide carry bags design advertisements
commercials and logos at the cost of Franchisee.
6.3.The goods will be exported from ABC Confectionary by the Franchisor only. The
Franchisee will place the orders at Franchisor’s principal place of business by making cash
payment at the wholesale price. The Franchisor may give goods worth Rs. 5,00,000 (five
lac rupees) on credit for 60 days.
6.4.In the event of delay the Franchisee shall pay compensation to the Franchisor in the form
of liquidated damages @ 1.5% per month on the outstanding amount till payment.
6.5.The Franchisee will only store and sell the products of the Franchisor only at the “ABC
Confectionary” store and shall not directly or indirectly deal with any other confectionary
products.
6.6.The Franchisee has no rights of Sub-assignment or sub-franchising under this agreement.
6.7.Franchisee shall regularly furnish information and reports such as sales, inventory, market
conditions and any other available information to the Franchisor. Franchisor shall have the
right to inspect the showroom maintained for the Franchisor’s products by the Franchisee
with regards to sustaining the quality of the goods and services.
7.CONFIDENTIALITY
7.1.The Franchisee shall ensure that all information, trade secrets, copyrights, food recipes,
client details and any other information of direct or indirect commercial value shall be kept
confidential.
7.2.Any breach of this clause, shall be termed as material breach and be a ground of termination
of the contract.
7.3.Further, the Franchisee shall be liable for the damages caused by such a breach and the
determination of damages shall be done by the arbitral tribunal constituted as per the terms
of the Agreement.
8.INTELLECTUAL PROPERTY RIGHTS
8.1.The Franchisor has granted the Franchisee the license to use the trademark and logo of
“ABC” under this Agreement.
8.2.The franchisee will at no time make any claim or express any right, title and interest in the
ownership of the trademark and logo “ABC” as the same is exclusively owned by the
Franchisor.
8.3.No additional royalty has to be paid by the Franchisee to the Franchisor for the use
trademarks.
26
8.4.Franchisee hereby acknowledges that any and all patents, utility models, trademarks,
designs and any other marks used or embodied in the products shall remain the sole
property of the Franchisor.
9.ADVERTISEMENT
The Franchisee at its own cost will advertise and popularize the product in its local territory
with the approval of Franchisor only to maintain uniformity in the advertisements.
10. LIMITATION OF LIABILITY
The Parties shall not be liable for any incidental, special, indirect or consequential damages
arising out of or relating to this Agreement.
11. LIMITED EXCLUSIVITY
Nothing in this Agreement shall prohibit ABC from operating, and licensing others to
operate in the same area. However, the Franchisee shall be intimated of such a decision and
the first right to receive the new Franchise rights shall vest with Franchisee. The Franchisee
is allowed to bid in open tender with other competitors in case of new bids.
12. TERMINATION
12.1. The Franchisor shall have the right to terminate the Agreement in the event if there is
any delay in payment or the Franchisee does not maintain adequate stock or does not
provide good after sale services or does not meet the minimum stipulated turnover or if
he sub-assigns or sub-franchises or if he is found to commit breach of this agreement.
12.2. In the event of termination, the Franchisee shall as early as possible but not later than
30 days from the date of termination, directly or indirectly stop using word/name/mark
“ABC” or any similar name resembling to “ABC” as to be likely to cause confusion or
deception in any manner including the using for its trade name.
13. APPLICABLE LAW
This Agreement is governed by and constructed in accordance with the laws of India.
14. DISPUTE RESOLUTION AND JURISDICTION
14.1. Any dispute, controversy or claims arising out of or relating to this Agreement or the
breach, termination or invalidity thereof, shall be settled by arbitration in accordance with
the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
14.2. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by
Nani Palkhivala Arbitration Center, Chennai a second arbitrator appointed by Franchisee
and a third arbitrator to be appointed by Franchisor.
14.3. The place of arbitration shall be at Pune and any award whether interim or final, shall be
made, and shall be deemed for all purposes between the Parties to be made in Pune. The
agreement shall be subject to the exclusive jurisdiction of Pune courts.
14.4. The arbitral procedure shall be conducted in the English language and any award or
awards shall be rendered in English. The procedural law of the arbitration shall be Indian
law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the
day month and year first hereinabove written.
SIGNED AND DELIVERED by the

ABC Confectionary (Through its authorized signatory)
Mr. ___________ )
In the presence of:
1. _____________________ )
2. _____________________ )
SIGNED AND DELIVERED by the
M/s. Y Pvt. Ltd. (Through its authorized signatory)
Mr. ___________ )
27
In the presence of:

1. _____________________ )
2. _____________________ )
Place: Pune
28
ASSIGNMENT 10 (OPTION 1): A CONSUMER COMPLAINT UNDER THE

CONSUMER PROTECTION ACT 1986
IN THE HON’BLE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, PUNE AT PUNE
Complaint No. 167 /2018
IN THE MATTER OF:
Shri Rakesh Thanekar
Age: 54 years, Occupation: Services
S/o Shri Charanlal Thanekar
R/at: A-104, Lunkad Estate,
Warje,Pune-411003 ………Complainant
Versus
Zigma co. Pvt. Ltd., Korea
A co. within the meaning of the Companies Act, 1956
Branch office: 11th Floor, Peninsular Business Park, Kalyani Nagar
Pune-411004 …Opposite Party
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986

List of Documents
SR. NO. ANNEXURE PARTICULARS
1. Annexure-A Copy of the Cash Memo
2. Annexure-B Copy of the Warranty Card of the Laptop
The complainant above-named most RESPECTIFULLY SHOWETH:

1. INTRODUCTION
1.1. That the Complainant is a Management and Motivational Trainer, residing at Pune. The
address for service of communications to the Complainant is as above.
1.2. That the Opposite Party is a Private Company headquartered in Korea, but having branch
offices in various parts of India, including Pune and official dealership showroom in Delhi.
They are engaged in the business of electronics, and selling to the public consumer
electronic durables. The address for service of communications to the Opposite Party is as
above.
2. TRANSACTION
2.1. That one Mr. Shekhar Gupta, Bank Manager in the Nationalised Bank working in Delhi,
on 1st June 2018, bought a laptop in Delhi manufactured by Zigma Company, Korea, from
their showroom in Karol Bagh, Delhi for a consideration of Rs. 47,000/- vide cash memo
9465/2018. A copy of the cash memo is included as “Annexure-A”.
2.2. The said laptop was gifted to the complainant on 8th June 2018, who is the current user of
the said laptop. The said laptop model is Zigma “Elite N4300”, with a 15-inch screen, and
is red in colour.
3. DEFECT
3.1. That the laptop was found faulty with no negligence on the part of the Complainant on 15 th
June 2018, one week after 8th June 2015. The complainant immediately reported the matter
29
of the defective good to the Zigma Service Centre, New Delhi on 16 th June 2018 and also
to Mr. Shekhar Gupta.
3.2. That the laptop started overheating each time it was switched on within just one week of
usage, and stopped responding and shutting down automatically.
3.3. That further, the laptop began crashing at random frequent intervals thereby not affording
the user an opportunity to save the progress in the work at hand thereby causing severe
anguish and adversity to the user.
3.4. That the said fault caused him inconvenience during his working hours owing to the fact
that the laptop was not performing the various functions due to which he has been unable
to prepare his presentations on time; no entries or data access could be made; loss of
important documents made it worse.
3.5. That the Complainant rang up and registered with the Service Call Centre of Zigma Ltd.
his grievance with the laptop and was given false assurances of expedite
rectification/exchange of the faulty laptop.
3.6. That despite subsequent repeated calls to the Service Centre, there was no action taken
whatsoever to address the complainant’s grievances.
4. EVIDENCE
4.1. That the laptop carried a Warranty Card, hereby annexed as “Annexure-B” claiming to
offer expedite servicing in cases of minor defects and complete exchange/ restoration for
material defects.
5. JURISDICTION
5.1. That the Cause of Action arose partly in Pune, which is within the local limits of this
Hon’ble Forum, and thus this Hon’ble Forum has got jurisdiction to entertain this
Complaint. Further, the compensation claimed does not exceed Rs. 20,00,000/- (Rupees
twenty lakh only), which is within the pecuniary jurisdiction of this Hon’ble Forum.
5.2. The requisite fee of Rs. 100 has been paid herewith.
6. LIMITATION
6.1. That the cause of action to file this complaint arose on 15th June 2018 when the laptop was
found faulty. Hence the present complaint is being filed within the period prescribed under
section 24A of the Consumer Protection Act, 1986.
7. PRAYER
It is most humbly prayed before this Hon’ble Forum that wherefore in the light of the
aforementioned circumstances, may this Forum be pleased to:
i. Direct the Opposite Party to replace the defective laptop with immediate effect or to
indemnify the complainant against the full cost of the laptop which is Rs. 47000/-.
ii. Direct that compensation to the tune of Rs. 20, 000 be paid by the Opposite Party to
the complainant.
iii. Direct the Opposite Party that Rs. 5,000/- as costs for the present complaint be paid
to the complainant,
AND/OR pass any order that it deems fit in the interest of Justice.
Place: Pune Shri Rakesh Thanekar

Dated: 25.09.2018 Sd/- Complainant
Documents Enclosed:
1. Annexure A – Cash Memo
30
2. Annexure B – Copy of Warranty Card
VERIFICATION
I, Shri Rakesh Thanekar, S/o Shri Charanlal Thanekar, aged 54 years, residing at A-104,
Lunkad Estate, Warje, Pune – 411003 do hereby solemnly affirm that the contents and
particulars of the complaint stated above are true and correct to the best of my knowledge and
belief and no part of it is false and nothing material has been therein.
Verified at Pune
September 25, 2018
Adv. Muskan Khandelwal Shri Rakesh Thanekar
Counsel for Complainants Sd/- Complainant
31
ASSIGNMENT 11 (OPTION 1): THE JOINT VENTURE AGREEMENT
JOINT VENTURE AGREEMENT FOR REAL ESTATE DEVELOPMENT BUSINESS AND CREATION
OF JOINT VENTURE ABZ PVT. LTD.
THIS AGREEMENT is made as of this 30th day of August, 2023

BY AND BETWEEN:
ABC CORP. CONSTRUCTION CO., duly incorporated under the laws of Singapore,
having its registered office at 10/2 Clarke Quay, Svenson Centre Singapore 083132, (The
“First Joint Venturer” / “First Party” which expression shall, unless repugnant, to the context
of meaning thereof, include its successors and assignees) of the FIRST PART
AND
AZ DEVELOPERS LTD., duly incorporated under the Companies Act 1956 with its
registered office at 9th Floor Parihar Chambers, Aundh, Pune 411039 (the “Second Joint
Venturer”/ “Second Party”, which expression shall unless repugnant to the context of meaning
thereof, include its successors and assignees) of the OTHER PART.
WHEREAS the First Party is engaged in the business of real estate in Singapore.
WHEREAS the Second Party is engaged in the Real Estate and Construction Business in the
city of Pune, Maharashtra.
WHEREAS the Parties wish to join together in a joint venture for the purpose of performing
the Construction-Development-Sale project on property and incorporated a joint venture
company together, namely ABZ Pvt. Ltd.
Recitals:
The First Joint Venturer and the Second Joint Venturer (sometimes hereinafter referred to
collectively as the “The Parties”), by virtue of this Agreement have agreed upon to incorporate
a joint venture company, named ABZ Pvt. Ltd. duly incorporated under the provisions of the
new Companies Act 2013, having its registered office at34, Benchmark Arcade, Wagholkar
Nagar, Pune 411014, for the limited purpose of performing the Construction-Development-
Sale project on property described in Appendix A hereto. (Hereinafter referred to as the
"Property").
SR. NO. APPENDIX NUMBER DETAILS
1. Appendix A Schedule pertaining to Construction-
Development-Sale project
NOW THEREFORE BE IT RESOLVED, in consideration of the mutual covenants, promises,

warranties and other good and valuable consideration set forth herein, the Parties agree as
follows:
ARTICLE 1
GENERAL PROVISIONS.
1.1 Purposes and Scope of Joint Venture.
32
1.1.1 Except as otherwise expressly provided for herein, the rights and obligations of
the Joint Venturer and the administration and termination of the Joint Venture shall be
governed by this Agreement and provisions of applicable law.1
1.1.2 The Joint Venture business and affairs shall be solely conducted by the company
incorporated as above, whose purpose shall be strictly limited to the Construction-
Development and Sale of the Property, and shall not be extended by implication or
otherwise except by the written agreement of the Parties.
1.2 Formation and Name of Joint Venture Company.
The business and affairs of the Joint Venture shall be conducted solely under the name “ABZ
Pvt. Ltd.” The joint venture formed pursuant to this Agreement (the “Joint Venture”) shall do
business under the name ABZ Pvt. Ltd, and shall have its legal address at 34, Benchmark
Arcade, Wagholkar Nagar, Pune 411014. The Joint Venture shall be considered in all respects
a joint venture between the Parties, and nothing in this Agreement shall be construed to create
a partnership between parties.
1.3 Relationships between the Parties.
Nothing in this Agreement shall be deemed to constitute a partnership or agency relationship
between the parties and neither party shall have any authority to bind or obligate the other
party in any manner whatsoever in relation to third parties.
1.4 Tenure.
This Agreement shall remain in full force and effect, for a period of five years from the date of
this Agreement (the “Initial Tenure”). Upon the expiration of the Initial Tenure, the
Agreement shall be automatically renewed for successive periods of one year each (each, a
“Renewal Tenure”), unless either Party gives written notice of termination to the other Party
at least 30 days prior to the expiration of the Initial Tenure or of any Renewal Tenure. At any
time, this Agreement may also be terminated by mutual written consent of the Parties. If this
Agreement either expires or is terminated, the Joint Venture shall be terminated as well, and
all Parties’ obligations under this Agreement with respect to the operation and administration
of the Joint Venture shall no longer have force or effect.
ARTICLE 2
THE COMPANY AND ITS OBJECTIVES
2.1. Main objectives.
The main objective of the Company shall be
a) Identification and surveillance of the property as annexed in Appendix A.
b) Obtaining necessary licenses and permission for appropriate authority as required.
c) Obtaining necessary permissions from statutory authority such as FIPB as and when
required.
d) Construction of flats and row houses in the specified project undertaken in
compliance with the minimum area requirement and capitalization requirement as
per provisions of FDI for investment in real estate.
e) Selling of the property in the above estate through appropriate channels.
f) Under take any other requirement not specifically mentioned in the specifications
but otherwise required for the project.
1
Note:- Applicable Law would include Companies Act 2013 including Rules, FEMA,FDI norms,
RBI Circulars and notifications, Water (Prevention and Control of Pollution) Act including Rules
1974, Air (Prevention and Control of Pollution) Act including Rules 1981, Environmental
(Protection) Act 1986, and all other applicable land, environmental and labour laws and investment
laws and other prevalent Rules, Acts & Regulations of India
33
ARTICLE 3
CONTRIBUTION, PARTICPATION AND DISTRIBUTION
3.1 Contribution.
The First Joint Venturer is investing a sum of US $ 50,00,00,000 (which is well above the
minimum capitalization requirement by FEMA) in the Construction-Development project of
the newly incorporated Company. The Second Joint Venturer is the owner of the property as
annexed in Appendix A. The property from the date of the Agreement shall be transferred in
the name of the company and the Second Joint Venture rwill no longer have any rights over
the property in its original capacity but as joint- promoters of the newly incorporated Company.
3.2 Other Capital Contributions.
However, in the event additional capital contributions are required in connection with the
operation, management or ownership of the Property, and such additional funds can be raised
through other agreed permissible means, or otherwise the parties agree to contribute such
additional capital contributions as are necessary in the same proportion as their allocation of
profits and losses.
3.3 Undertaking by the Second Joint Venturer.
The Second Joint Venturer undertakes that the Property is free from any associated rights,
liabilities, encumbrances and litigations.
3.4 Ownership Rights.
Both the parties shall at all times hold equal paid up equity capital of the incorporated Company
(50% each). The authorized share capital of the company can be increased from time to time
to bring about equal participation in equity by Both Parties.
3.5 Registration.
On signing this Agreement, the Parties agree to take necessary action for the registration of the
Joint Venture Company within 30 (thirty) days hereafter.
ARTICLE 4
MANAGEMENT OF THE COMPANY
The Joint Venture shall be managed according to the following terms:
4.1 A Steering committee of (four) persons shall be formed for the purpose of carrying out pre-
operative activities required or considered necessary for undertaking the main objects or the
Company as provided in article 2. The Steering Committee shall consist of 2 (two) nominees
of ABC Corporations Constructions Co. and 2 (two) nominees of AZ Developers Ltd.
4.2 The Parties shall have the right to change their respective nominees for the Steering
Committee from time to time.
4.3 At all times, the Parties shall have equal number of Directors in the Company. Initially, the
Board of Directors of the Company shall comprise of a minimum of 8 (eight) Directors
including the Chairman. The Chairman of the Company shall be a nominee of AZ Developers.
4.4 Save as otherwise provided in the agreement, all provisions of Companies Act 2013 would
be applicable for determining the procedure for appointment, qualification shares,
management, quorum, remuneration, account and audit, removal and ancillary issues.
4.5 In the meeting of Board of Directors, normally all matters should be decided unanimously.
However, in case of difference of opinion, matters shall be decided by a majority of directors
present at the meeting.
ARTICLE 5
DISTRIBUTION OF PROFITS
5.1 The Company shall declare dividend out of the net surplus profit after deductions of all
relevant Income Tax and other taxes and after providing for such reserves and deductions as
34
may be required by law or otherwise as may determined by the Board of Directors of the
Company from time to time in accordance with prudent financial practices and business
requirements.
ARTICLE 6
ASSIGNMENT
6.1 The Parties shall not be entitled to transfer or vest the shares held by it in the Company to
any other person/entity.
6.2 Neither of the Parties to the Agreement is entitled to assign his rights, liabilities or
obligation, or indulge in any form of corporate restructuring (except those mandated by law)
in the present joint venture to another entity without taking approval from the other party for
the same.
6.3 Neither Party may assign or transfer their respective rights except that if the assignment or
transfer is pursuant to a sale of all or substantially all of a Party’s assets, or is pursuant to a sale
of a Party’s business, then no consent shall be required. In the event that an assignment or
transfer is made pursuant to either a sale of all or substantially all of the Party’s assets or
pursuant to a sale of the business, then written notice must be given of such transfer within 10
days of such assignment or transfer.
ARTICLE 7
CHANGE IN LAW
During the period of AGREEMENT if any new Act, Rule, Regulation and Order come into
force, which is applicable to the Parties, The JOINT VENTURE PARTNER will be duty bound
to implement the same without delay.
ARTICLE 8
COST AND EXPENSES/CONTRIBUTIONS
Unless mutually agreed otherwise, each party shall bear its own costs and expenses in
connection with the agreement and steps taken in furtherance of the business contemplated by
this agreement until the date of execution of this Agreement.
The Parties shall each make an initial contribution to the Joint Venture according to the
following terms:
I. First Party’s Contribution: _____ by date _____
II. Second Party’s Contribution: _____ by date _____
III. A bank account at the bank of Federal Cooperative Bank, Pune, Maharashtra
shall be established by the managing party into which the financial contributions
of the Parties shall be deposited, for use in the set-up, operation, and
administration of the Joint Venture.
IV. In the event that the Joint Venture requires additional funds to be contributed
to it by the Parties, such additional contributions shall be made in the
following proportion _____.
ARTICLE 9
MUTUAL COOPERATION AND NON-EXCLUSIVITY
9.1. The Parties to this agreement shall exercise their rights and shall cause their representatives
and nominees on the Board of Directors of the Company, to do and perform all acts, deeds and
things as may be necessary or expedient to give effect to the terms of this Agreement.
9.2. Each of the parties hereto undertakes with the other:
I. To perform and observe and so far as it is able by the exercise of voting rights or
otherwise so to do to procure that the Company will perform and observe all the
provisions of this Agreements;
35
II. To take all necessary steps on its part to give full effect to the provisions of this
Agreement;
III. Without prejudice to the generality of the foregoing to exercise and procure that every
person for the time being representing it will exercise or refrain from exercising any
voting rights at any meeting of the members or of the directors of the Company so as
to ensure the passing of any and every resolution necessary or desirable to procure that
the affairs of the Company are conducted in accordance with this Agreement and
otherwise to give full effect to the provisions of this Agreement.
9.3. In entering into this Agreement, the parties recognize that it is impractical to provide for
every contingency that may arise in the course of the performance thereof. Accordingly, the
Parties declare it to be their intention that this agreement shall operate between them in
accordance with terms and conditions laid down in the agreement and with fairness and without
detriment to interest of any them and if in the course of the performance of this Agreement,
unfairness to any party hereto shall be manifest, they will use their best endeavours to remove
the cause or causes of the same under the scope of this Agreement.
No Exclusivity. Neither Party shall be obligated to offer any business opportunities or to
conduct business exclusively with the other Party by virtue of this Agreement.
ARTICLE 10
GOVERNING LAW AND JURISDICTION
This Agreement shall be construed and interpreted in accordance with and governed by the
laws of India and the Courts at Pune, India only shall have jurisdiction over all matters arising
out of or relating to this Agreement.
ARTICLE 11
NOTICES
Any notice or other communication to be given by one party to another under, or in connection
with the matters contemplated by this Agreement shall -
I. be in writing, to be written in English language;
II. be delivered by hand and additionally sent by facsimile and/or by registered
acknowledgment due prepaid post or recognized courier;
III. contain the name of the person designated to whom such notice are to be
addressed.
Any notice required or otherwise given pursuant to this Agreement shall be in writing and
mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery
service
ARTICLE 12
COUNTERPARTS AND SEVERABILITY
This Agreement may be executed in several counterparts, each of which shall constitute an
original and all of which, when taken together, shall constitute one agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder
of this Agreement shall continue in full force and effect. If any provision of this Agreement is
deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such
provision would make the provision valid, then such provision shall be deemed to be construed
as so limited.
ARTICLE 13
CONFIDENTIALITY AND NON-COMPETE
It is agreed by the Parties that during the term of this agreement they shall hold in confidence
and shall not disclose to any third party without mutual agreement, any technical know how,
advice, statistical or other data or information that the parties or the Company may receive and
36
possess. Parties hereto agree and undertake during the term of this agreement not to compete
with each other in India directly or indirectly of the business of the JVC.
ARTICLE 14
DISPUTE RESOLUTION AND ARBITRATION
In case of a dispute, the parties shall first attempt to resolve the dispute through negotiations.
If negotiations fail, the parties may refer to a dispute arbitration committee for arbitration.
Terms of Arbitration.
I. If any question, difference or objection, whatsoever shall arise in any way
connected with or arising out of this instrument or the meaning of operation of
any part thereof for the rights, duties or liabilities of either party shall be
referred, for sole arbitration for the nominee of the Board, who in shall give a
reasoned award within 180 days and his decision shall be final and binding
II. Upon every and such reference, the cost of and incidental to the reference and
award and respectively shall be in the discretion of the Sole Arbitrator so
appointed who may determine the account thereof or direct the same to be taxed
as between solicitor and client or as between party and party and shall direct by
whom and to whom and in what manner the same is to be borne and paid.
III. The work under the contract shall be continued during the arbitration
proceedings and no payment due or payable by the purchaser / board shall be
withheld on account of such proceedings.
IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE

EXECUTED BY THEIR RESPECTIVE DULY AUTHORISED OFFICERS AS OF THE
DATE SET FORTH ABOVE.
Signed on behalf of
ABC Corp. Construction Co
WITNESSES
1) Director,
2) Dy. Director
Signed on behalf of
AZ Developers Ltd
WITNESSES
1) Director,
AZ Developers Ltd.
2) Dy. Director
AZ Developers Ltd.
37
ASSIGNMENT 12 (OPTION 2): A PETITION OF PUBLIC INTEREST LITIGATION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 213 OF 2023
In the matter of Articles 14, 15(3) and 21 of the

Constitution of India;
And
In the matter of the Convention on Elimination
of all forms of Discrimination against Women
Act, 1989;
And
In the matter of the Protection of Women from
Domestic Violence Act, 2005
And
In the matter of The Vienna Conference, 1994;
And
In the matter of The Beijing Declaration and The
Platform for Action 1995.
Miss. Simtha Deshmukh

D/o Rajrani Deshmukh
founder of NGO ‘Apna haq’
having his office at 401, Caspian Building, Matunga, …..Petitioner
Mumbai- 400041.
Versus
1. The State of Maharashtra, through the Chief
Secretary having his office at Mantralaya, Mumbai
– 400032. …Respondent No. 1
2. The Municipal Corporation of Greater

Mumbai, having its office at Municipal Head
Office, Mahapalika Marg, Mumbai – 400001. .…Respondent No. 2
3. The Revenue Officer, having his office at

Revenue Head Office, Mahapalika Marg, Mumbai
– 400001.
.…Respondent No. 3
MOST RESPECTFULLY SHOWETH:
38
1. The Petitioner is an Indian Citizen, lawyer and founder of an NGO named ‘Apna haq’ with
a registered office at 401, Caspian Building, Matunga, Mumbai- 400041. The Petitioner
has 140 members in his NGO currently. Respondent No.1 is the State of Maharashtra.
Respondent No.2 is the Municipal Corporation of Greater Mumbai (hereinafter referred to
as “MCGM”), a statutory authority incorporated under the provisions of the Bombay
Municipal Corporation Act, 1888. Respondent No.3 is the Revenue Officer for Greater
Mumbai who exercises powers and functions under various statutes.
2. In this Petition, the Petitioner is complaining of the inaction on the part of the Respondents
for failure in appointment full time protection officers u/s 8 of the Domestic Violence Act,
2005 to provide assistance to the aggrieved woman with respect to the medical
examination, facilitating legal aid, safe shelter, for implementation of court orders etc.
However, the State of Maharashtra has given the additional responsibility to other revenue
officers who are already burdened with their work and unable to do the needful for the
aggrieved women.
3. The facts giving rise to this Petition are as under:
i) The Petitioner is the founder of an NGO named ‘apna haq’ which actively fights for
various causes including human rights, women’s rights, violence against children and
women, child rights, human trafficking, child trafficking, slave trade, body trade etc.
ii) In the past few months, while on a project, the Petitioner for the first time witnessed
the situation as it was on 30th July, 2019. Several women were aggrieved with respect
to the medical examination and check-up, facilitating legal aid, safe shelter, clothing,
food and water, for implementation of court orders etc.
iii) The Respondent No.1 has not appointed a full time protection officer as required by u/s
8 of the Domestic Violence Act, 2005.
iv) These women, who were anxious about approaching the courts for justice, have finally
come out in the open to voice their opinions and seek justice.
v) However, the failure on the part of Respondent No.1 has resulted in gross violation of
the fundamental rights of these women. Being no officer appointed in charge, justice
is not only delayed, it’s denied.
vi) Further Respondent No.1 has given the additional responsibility to other revenue
officers who are already burdened with their work and unable to do the needful for the
aggrieved women.
4. The Petitioner submits that their right to protection against violence at the place of home
must be safeguarded by the State which has been enshrined in Articles 14, 15(3) and 21 of
the Constitution of India. Article 14 of the Constitution provides for equal protection of the
law, which includes that irrespective of the gender. Article 15(3) allows for creation of
special reservations in favour of women and children. Article 21 allows for protection of
life and liberty for all persons. It is an indispensable right emanating from the Bill of Rights.
It is a well settled legal position that it is the duty of various authorities and functionaries
of the State to ensure that the Petitioner and other persons understand their fundamental
rights and no such rights should be violated by the State.
5. The Petitioner submits that apart from the Constitution, there are various statutory
provisions enacted by the Parliament as well as the State Legislature to ensure protection
to women is realized by every resident in India. Some of these statutory provisions are set
out below:-
a) Domestic Violence Act, 2005
a. The Act provides for the first time in Indian law a definition of "domestic
violence", with this definition being broad and including not only physical
39
violence, but also other forms of violence such as emotional/verbal, sexual, and
economic abuse.
b. Section 8 of the Domestic Violence Act, 2005, states that the State Government
shall, by notification, appoint such number of Protection Officers in each district
as it may consider necessary and shall also notify the area or areas.
c. Section 9 of the Domestic Violence Act, 2005 stipulates that duties and functions
of the Protection Officers.
d. The Protection Officers shall ensure that the aggrieved person is provided legal aid
under the Legal Services Authorities Act, 1987. The officers to maintain a list of
all service providers providing legal aid or counselling, shelter homes and medical
facilities in a local area within the jurisdiction of the Magistrate.
e. The officers are to make available a safe shelter home, if the aggrieved person so
requires and forward a copy of his report of having lodged the aggrieved person in
a shelter home to the police station and the Magistrate having jurisdiction in the
area where the shelter home is situated. The officers are to get the aggrieved person
medically examined, if she has sustained bodily injuries and forward a copy of the
medical report to the police station and the Magistrate having jurisdiction in the
area where the domestic violence is alleged to have been taken place.
f. The officers are to ensure that the order for monetary relief under section 20 is
complied with and executed, in accordance with the procedure prescribed under
the Code of Criminal Procedure, 1973.
g. Further, the Protection Officer shall be under the control and supervision of the
Magistrate.
b) Convention on Elimination of all forms of Discrimination against Women, 1989
(“CEDAW”):
a. The Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW) is an international treaty adopted in 1979 by the United Nations General
Assembly. Part IV (Article 15 and 16) outlines women's right to equality in marriage
and family life along with the right to equality before the law and this principle has
been given effect into through India’s Domestic Violence Act, 2005.
c) The Beijing Declaration and Platform for Action, 1995:
Acknowledging the voices of women across the globe and taking note of the diversity of
their roles and circumstances, the Beijing Action attempted to elevate the status of women
and recognize that the status of women has advanced in some important respects in the
past decade. Knowledge about its causes and consequences, as well as its incidence and
measures to combat it, have been greatly expanded since the Nairobi Conference.
d) The Vienna Conference, 1994 :
The aim of the Conference revolved around the expansive view of human rights, with
efforts made to highlight women's rights, indigenous peoples' rights, minority rights, and
more in the context of universal political and economic rights. Women's rights in particular
gained a strong and effective presence at the conference. The key result of the World
Conference on Human Rights was the Vienna Declaration and Programme of Action.
e) The Protection of Women from Domestic Violence Act, 2005:
The draft Act provides for appointment of Protection Officers and NGOs to provide
assistance to the woman with respect to medical examination, legal aid, safe shelter, etc.
6. In the circumstances aforesaid the Petitioner says and submits that the inaction/failure on
the part of the Respondents to appoint a full time protection officer is illegal and
unconstitutional on the following amongst other grounds which are without prejudice to
one another :-
GROUNDS
40
A. The Petitioner submits that by virtue of the various provisions of the Constitution of
India and other statutes, conventions referred to above the Petitioners have the right to
protection against domestic violence.
B. The Petitioner submits that by virtue of the provisions of The Protection of Women
from Domestic Violence the petitioners have the right to appointment of a full time
protection officer
C. The Petitioner says that the Respondents have a statutory duty to ensure that the life
and dignity of all women within the State must be preserved. This includes not only the
physical aspect but also any form of mental violence that may be inflicted upon a
woman.
D. The Petitioners say that the Respondents have a duty to appoint a full time protection
officer to ensure the safety and dignity of all women
7. In the aforesaid mentioned circumstances, the Petitioner says and submits that this Hon’ble
Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any
other appropriate Writ, Order, or Direction under Article 226 of the Constitution of India
against the Respondents, directing the Respondents, their subordinate officers, servants and
agents to take all such steps and actions as may be necessary.
● to assist the aggrieved person in making a compliant under the Act, if the aggrieved
person so desires;
● to assist the aggrieved person and any child in obtaining medical aid at a medical facility
including providing transportation to get the medical facility;
● to provide her information on the rights of aggrieved persons under the Act.
● to prepare a “Safety - action Plan” including measures to prevent further domestic
violence to the aggrieved person after making an assessment of the dangers involved in
the situation and on an application being moved under section 12 of the Domestic
Violence Act;
● to provide legal aid to the aggrieved person, through the State Legal Aid Services
Authority;
● to assist in obtaining transportation for the aggrieved person and any child to the shelter;
● to provide all possible assistance to the aggrieved person and the children to ensure that
the aggrieved person is not victimized or pressurized as a consequence of reporting the
incidence of domestic violence;
8. The Petitioners say and submit that pending the hearing and final disposal of the Petition,
this Hon’ble Court be pleased to issue a mandatory Order and Injunction ordering and
directing the Respondents, their servants and/or agents to take all such steps and actions as
may be necessary.
9. The Petitioners submit that unless and until the ad-interim and interim reliefs in the above
terms are granted, grave and irreparable harm, loss and injury will be caused to the
Petitioner.
10. The Petitioner has no other alternative remedy. In these circumstances, the remedy by way
of a writ and orders prayed for herein will be complete and effective.
11. The Petitioner has not filed any other Petition relating to the subject matter of the present
Petition either in this Hon’ble Court or in any other High Court or in the Supreme Court.
12. The Respondents have their offices in Mumbai as the said NGO is located in Mumbai. The
entire cause of action has arisen in Mumbai. This Hon’ble Court, therefore, has jurisdiction
to entertain and try this Petition.
13. The Petitioners have paid the fixed court fees of Rs.1000/- on this Petition.
PRAYER
41
a) This Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of
Mandamus or any other appropriate Writ, Order, or Direction under Article 226 of the
Constitution of India against the Respondents,
b) Direct the Respondents and their subordinate officers, servants and agents to adopt and
take up necessary steps as this Hon’ble Court deems fit,
c) Pending the hearing and final disposal of the Petition, this Hon’ble Court be pleased to
issue a mandatory Order and Injunction ordering and directing the Respondents their
servants and/or agents to take all such steps and actions as may be necessary,
d) for ad-interim reliefs in terms of prayer clause (c);
e) Costs of the Petition be provided for;
f) For such further and other Writs, Orders and directions under Article 226 of the
Constitution of India as this Hon’ble Court may deem fit and proper.
Date: 15th day of August, 2023

Place: MUMBAI
FOR APNA HAQ. (NGO)

Simtha Deshmukh, Founder Adv. Muskan Khandelwal
Sd/ Sd/
PETITIONER COUNSEL FOR PETITIONER
VERIFICATION
I, Simtha Deshmukh, the above-named petitioner do hereby verify at Mumbai at this

Fifteenth day of August, 2023 that the contents of paragraphs 1 to 13 above of the affidavit are
true to my personal knowledge and belief and that I have not suppressed any material fact.
Sd/- Sd/
(Muskan Khandelwal) (Simtha Deshmukh, for Apna Haq.)
ADVOCATE ON RECORD, PETITIONER
SUPREME COURT OF INDIA
42
ASSIGNMENT 13 (OPTION 1): A MEMORANDUM OF APPEAL FROM DISTRICT

COURT TO HIGH COURT
IN THE HIGH COURT OF BOMBAY AT MUMBAI

CRIMINAL APPEAL No. 134 OF 2023
UNDER SECTION 374(2), Code of Criminal Procedure, 1973
Mr. Viren Singh, Age: 27 Years

S/o Mr. Ranjan Singh
R/o N-21, Katora Complex,
Mumbai – 400079, Occupation: Service
Mr. Rajesh Singh Age: 29 Years

Mr. Amit Sibal, Age: 26 Years

Mr. Deepak Sibal, Age: 25 Years

S/o Mr. Ranjan Sigh
AND
Mr. Raju Sibal, Age: 27 Years

S/o Mr. Ranjan Sibal
Mumbai – 400079, Occupation: Service ……….Appellants
VERSUS
State of Maharashtra ………..Respondent
APPEAL AGAINST ORDER OF THE LEARNED

SESSION’S JUDGE 134 of 2022 IN
Sessions Trial No. 134 of 2020 State of Maharashtra v. Viren Singh and Ors.
To,
The Hon’ble Chief Justice and his companion Judges of High Court. The Appellants most
respectfully submit against the aforesaid order of the learned Sessions Judge convicting the
accused under section 392 of Indian Penal Code 1860, the statement of appeal and grounds
thereof as follows:
1. That the appeal aforesaid arises out of the impugned judgement and order passed by the
sessions court aforesaid whereby in the order dated October 28, 2022 by the LD
Sessions Court, convicting the Appellants u/s 395 of the Indian Penal Code and
43
punishing them to rigorous imprisonment of 5 years and the facts leading up to this
appeal are as follows:
2. That Appellants in this appeal are the accused No.1 being Viren, Accused No.2 Rajesh,
Accused No. 3 Amit , Accused No. Deepak and Accused No. 5 Raju who are alleged
to be present at the premises of P. P. Jewellery Store on the night of December 31, 2021,
when there occurred a scene of robbery in the store.
3. The Appellants are Indian Citizens permanently residing in the State of Maharashtra,
having their occupation as salesmen in P. P. Jewellery store.
4. The case of the accused persons are that they were not involved in the robbery at the
P.P. Jewellery store and this entire sequence of events was planned and executed by
some rivals of the accused persons as they were told by one person, Mr. Sumer Seth to
come opposite to the store urgently and upon doing so they saw that the store glass was
broken and gold ornaments were missing hence they began to run away from the scene.
5. It was stated by the Complainant, the owner of the shop, Mr. Nitin Tandia that like
everyday, he closed the shop at 10.00 p.m. and went to his home which was on top of
the jewelery store. At Around 11:30 p.m. he heard the noise of commotion coming from
the store and the breaking off glass and shatter of window. On hearing that, he called
the police, who upon arriving found the Appellants running away from the scene from
the crime.
6. It was noticed in the footage of security cameras that there was an unknown figure
wearing masks who broke the window panes and stole jewellery and not the Appellants
and in fact Appellants had arrived only minutes prior to the police arriving and upon
seeing the shatterred glasses and hearing the police siren, they got scared and tried to
run away from the scene of the crime and thereby they were arrested by the police.
7. The Appellants had also submitted evidence in electronic form of screenshots from Mr.
Sumer Seth asking the Appellants to arrive at the scene of crime urgently as there had
been an emergency at the shop.
8. The Sessions judge without appreciating the security footage and the electronic
evidence, held the accused persons guilty under section 392 of Indian Penal Code 1860
and sentenced them to imprisonment. Hence, this appeal is filed before the Hon’ble
high court. There is no appeal on the same matter previously filed which is pending
before any court.
GROUNDS OF APPEAL
(1) The judgement or order of the learned Sessions Judge is patently wrong and the
electronic evidence and the security footage proves otherwise and instead proves the
Appellants claim of conspiracy and sabotage against them.
(2) The sessions judge ought to have appreciated the evidence in its true and proper
perspective in light of the judgment of the Supreme Court in Sharad V Sharda v. State
of Maharashtra [1984 (4) SCC 116], where apex court has held that circumstantial
evidence must present a complete picture with no other alternatives possible, which is
lacking in the matter at hand
(3) The conviction and sentence are not maintainable in law and facts on record as there is
no substantial evidence, either oral or documentary which proves the committal of
offence beyond reasonable doubt by the Appellants and the sessions court has
misinterpreted the evidence put forward before it.
PRAYER
Therefore, the Appellants abovenamed, most respectfully pray that this Hon’ble Court be
pleased to:
a) Acquit the Appellants of offences under Section 395 of the Indian Penal Code, 1860 ;
44
b) Reverse the judgment and order of the Ld. Sessions Judge dated October 28, 2022 in
Sessions trial no. 134 of 2022.
c) Allow the present appeal
d) Suspend the sentence against the Appellants pending this appeal and order the
Appellants to be released on bail
e) Pass any order that it may deem fit and reasonable in the interests of justice and
equity.
AND FOR THIS ACT OF KINDNESS, THE APPELLANTS, AS IN EVER DUTY BOUND, SHALL
HUMBLY PRAY.
Sd/-
Place Mumbai Appellants
Date: August 5, 2023 Sd/-
Counsel for Appellant
VERIFICATION
We, Viren Singh, Rajesh Singh, Amit Singh, Deepak Singh and Raju Singh, the present
appeallants, do hereby state on solemn affirmation that the contents of this petition in
paragraphs 1 and 8 are true and correct to the best of our knowledge and beliefs, and so we
have signed hereunder.
Place: Mumbai
Sd/- Sd/-
Adv. Muskan Khandelwal
Counsel for Appellants Appellants
45
ASSIGNMENT 14: A HABEAS CORPUS PETITION
BEFORE THE HON’BLE HIGH COURT OF BOMBAY,

AT MUMBAI
Original Writ Jurisdiction
W.P. No. 235 of 2023
Mr. Shlok Srivastava
Aged-28 years
S/o Mr. Shardul Srivastava
305-A Wing, Lunkad Daffodils Society,
Pune – 411014 …Petitioner
Versus
1. The State of Maharashtra,
through the Principal Secretary,
Department of Home, Govt. of Maharashtra
Mumbai, Maharashtra …Respondent No. 1
2. Mr. Arun Patnaik
The Superintendent of Police,
Dadar, Mumbai …Respondent No. 2
3. Mr. Rishabh Shroff
The Station House Officer,
Sion Police Station, Sion, Mumbai …Respondent No. 3
4. Mr. Arjun Tripathi
The Senior Superintendent of Police,
Sion Police Station, Sion, Mumbai …Respondent No. 4
5. Mr. Harit Singh
Station House Officer,
Lohegaon Police Station, Pune …Respondent No. 5
6. Mr. Ed Bennington,
Aged-61 years
S/o Mr. Sam Bennington
R/o Rohan Mithila, Sion, Mumbai …Respondent No. 6
7. Mrs. Bennington,
Aged-52 years
W/o Mr. Ed Bennington
R/o Rohan Mithila, Sion, Mumbai …Respondent No. 7
8. Mrs. Rose Srivastava
Aged 26 years
W/o Mr. Shlok Srivastava …Respondent No. 8
WRIT PETITION UNDER ARTICLE 226, 227 OF THE CONSTITUTION OF INDIA, 1950
List of Documents
S R.
ANNEXURE PARTICULARS
NO.
1. Annexure 1 Certified Copy of marriage certificate
2. Annexure 2 Certified Copy of train ticket to Nashik
46
3. Annexure 3 Copy of medical report

4. Annexure 4 Copy of police report
THE HUMBLE PETITION OF THE ABOVE-NAMED PETITIONER MOST RESPECTFULLY

SHOWETH:
1. That the Petitioner is a Civil Engineer by profession and is currently employed by the
Airports Authority of India, Pune Airport, Pune.
2. That the Petitioner got legally married to the Respondent No. 8 under the Special Marriage
Act, 1984 before the Marriage Officer (M), Kamrup.at Mumbai.
3. That this petition is not directed against any particular order. The Petitioner is filing this
Petition for issuing writ of Habeas Corpus directing the Respondents 1 to 7 to produce
before this Hon’ble Court his wife, Respondent No. 8, Mrs. Rose Srivastava, who has been
illegally detained by the Respondents No. 6 and 7 at Pune and have not been allowed the
company of his wife with whom he is legally wedded, nor have they allowed the Petitioner
to meet his wife despite repeated requests.
4. That the Petitioner has reported the matter to the police, i.e, Respondent No. 3 but no
substantial advancement was made by him.
5. That the Petitioner also approached the higher police authorities Respondent No. 2 and
Respondent No. 4 but unfortunately, there was neither any concrete action taken by them,
nor any significant efforts to bring back his illegally detained wife.
6. Facts of the case:
That the Petitioner most humbly submits as under:
a. The Petitioner is a resident of Pune. He was married to Respondent No. 8 and the
marriage was registered under the Special Marriage Act, 1984 at Mumbai.
b. The marriage certificate with respect to the registration of marriage between the
Petitioner and Respondent No. 8 was issued by the Marriage Officer, a copy of which is
enclosed as “Annexure 1”.
c. The couple was residing happily and peacefully at Pune and there was no dispute
between the couple.
d. On invitation by the Respondents No. 6 and 7, the Petitioner and Respondent No. 8
visited their residence in Sion, Mumbai. During the visit the Petitioner and Respondent
No. 8 stayed along with his in-laws. Photo copy of the railway ticket in support of this
averment is enclosed as Annexure 2.
e. That throughout October 25, 2022 the Petitioner was taken to various places in Mumbai
and, in the evening when the Petitioner tried to inquire about his wife, he was beaten
and threatened ‘to forgive her and not to return to ask about her otherwise he shall face
dire consequences.’ Copy of medical report in support of this averment is enclosed as
Annexure 3.
f. That the Petitioner tried several times to contact his wife, but he received threatening
replies from Respondents No. 6 and 7.
g. That the Petitioner thereafter approached Respondent No. 3 to lodge a complaint against
the illegal detention of his wife, but to no avail. Copy of police report in support of this
averment is enclosed as Annexure 4.
h. That subsequently, the Petitioner also approached higher authorities Respondent No. 2
and 4 but no significant advancement was made by them either.
i. That one of the villagers informed to him that Respondents No. 6 and 7 are going to
send her to her elder sister’s place in another country.
j. That, from the aforementioned facts, it is evident that Respondents No. 6 and 7 have
illegally detained Respondent No. 8 and have threatened the Petitioner for his life.
47
k. That the Petitioner was left with no alternative but to approach this Hon’ble Court for
issuing a Writ of Habeas Corpus; directing the Respondents No. 3, 6 and 7 to produce
Respondent No. 8 before this Hon’ble Court, so that she be allowed to stay with the
Petitioner and appropriate action against Respondent No. 6 and 7 be initiated in
accordance with law for their illegal act of detaining his wife.
7. That the Petitioner declares that there is no delay in filing this petition which requires any
explanation.
8. GROUNDS
a. That the act of Respondents No. 6 and 7 in detaining the wife of the Petitioner and not
permitting them to come back is illegal.
b. That inaction on the part of police authorities Respondents No. 2, 3 and 4 on the report
of the Petitioner is per se illegal.
c. That for the repeated requests of the Petitioner to the Respondents 6 and 7 to send his
wife to Pune and allow him to meet her did not work. The Respondents 6 and 7 have
thus committed an offence of wrongful confinement under Section 340 of Indian Penal
Code, 1860 and is punishable under Section 344 of the Indian Penal Code, 1860.
9. Matter not Pending
a. That the Petitioner declares that no other petition or application is pending before any
authority or Hon’ble Court in respect of the subject matter of this petition.
10. Interim Relief
The Petitioner also prays that the Hon’ble High Court be pleased to:
a. Pass an order for interim relief, thereby directing Respondents 1-7, ensuring that no
harm in any manner be caused to Mrs. Rose Srivastava and
b. Pass an interim relief hereby directing Respondents 1-7, ensuring that Mrs. Rose
Srivastava remains within the territory of India.
11. Remedies Exhausted
a. The Petitioner further declares that he has no other alternative efficacious remedy
available to him except approaching this Court.
12. Enclosures are annexed as per index.
13. An Affidavit in support of the petition is filed herewith.
14. The cause of action arose in Sion, Mumbai and the Respondents reside in Sion, Mumbai.
Therefore, this Hon’ble Court has the jurisdiction to try and entertain this present petition.
15. PRAYER
That the Hon’ble High Court may be pleased to:
a. Issue a writ of habeas corpus directing respondents 2 to 7 to immediately produce the
Respondent No. 8 before this Hon’ble Court.
b. Issue appropriate order directing the respondent authorities be directed to give
protection to them.
c. Direct the respondent authorities to take appropriate action against respondents 6 and
7 for their illegal act of detaining Respondent 8.
d. Pass any other order or direction deemed just and proper in the facts and circumstances
of the case and in the interest of justice, equity and good conscience, with cost of these
proceedings.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND
SHALL EVER PRAY
Filed by: Sd/-

(Muskan Khandelwal)
ADVOCATE FOR PETITIONER
Drawn on: April 29, 2023
48
Drawn at: Mumbai

VERIFICATION:
I, Mr. Shlok Srivastava do hereby verify that the contents of the above plaint from paras 1 to
15 are true and correct to the best of my knowledge and belief, and no part of it is false and
nothing material has been concealed therein.
Verified at New Delhi today is April 29, 2023.
Sd/-
Adv. Muskan Khandelwal (Mr. Shlok Srivastava)
COUNSEL FOR PETITIONER PETITIONER
49
ASSIGNMENT 15 (OPTION 1): A SPECIAL LEAVE PETITION TO BE FILED IN THE

SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA

[S.C.R., Order XXII Rule 2(1)]
CRIMINAL APPELLATE JURISDICTION
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
SPECIAL LEAVE PETITION (CRL.) NO. 213 OF 2023
BETWEEN POSITION OF PARTIES

In this Court In the High Court
1. Mr. X Petitioner No. 1 Appellant No. 1
s/o Mr. Kamal Nath
r/o Village Mundhwa P.O.,
Kothrud, Pune
Versus
1. State of Maharashtra Respondent Respondent
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUDGES OF THE SUPREME COURT OF INDIA.
The Special Leave Petition of the Petitioner abovenamed
MOST RESPECTFULLY SHOWETH:
1. The present Special Leave Petition (“SLP”) is being filed under Article 136 of the
Constitution of India against the impugned Final Judgement and Order dated 11.02.2022
passed by the Hon’ble Bombay High Court in Misc. Cri. Appeal 23 of 2020, whereby the
Hon’ble High Court acquitted the said co-accused Mr. Y and Mr. Z, and erroneously
convicted the Petitioner herein under Sections 300, 302 and 326 of the Indian Penal Code,
1860. A true copy of the said impugned order dated 11.02.2022 is annexed hereto and
marked as Annexure 1.
2. SUBSTANTIAL QUESTION OF LAW:
The present petition for special leave inter alia raises the following important question of law:
(i) Whether the conviction of Mr. X for charges under Sections 300, 302 and 326 of the
Indian Penal Code, 1860 must be set aside on the grounds of his guilt not being proven
beyond reasonable doubt, as it is solely based on the testimony of an interested witness.
3. DECLARATION IN TERMS OF RULE 4(2)
The Petitioner states that they have filed no other petition seeking leave to appeal against the
Impugned Judgment dated 11.02.2022 passed by the Hon’ble Bombay High Court in Misc.
Crim. Appeal23 of 2020.
4. DECLARATION IN TERMS OF RULE 6:
The Annexures produced alongwith the SLP are true copies of the pleadings/ documents, which
formed part of the records of the case in the Courts below against whose order the leave to
appeal is sought for in this petition.
5. GROUNDS:
50
A. Leave to appeal is sought for on the grounds (from point B onwards) which are urged
in the alternative and without prejudice to one another. However, appreciation of the
following facts is essential in order to consider the grounds for the SLP:
B. The deceased (Mr. A) aged 23, r/o Lavasa, s/o Sharad A had succumbed to injuries on
February 12, 2020 at 7:00 pm, which were allegedly caused by his head being hacked
multiple times with a sharp object.
C. Mr. B (PW – 1) aged 32, r/o Lavasa, s/o. Balendar B; a neighbor of the deceased
approached the Lavasa Police Station on the same day. F.I.R. No. 44 of 2020 pertaining
to the incident was lodged by him under Sections 300, 302 and 326 of the Indian Penal
Code, 1860 naming Mr. X, Mr. Y and Mr. Z as the accused. A bloodstained gandasawas
found in the compound of the deceased’s residence, lying next to his body.
D. In his affidavit, PW – 1 stated that the houses of PW – 1 and the deceased are joined by
a short compound wall, which he would often cross in order to pay the deceased a
friendly visit. Upon hearing sounds of a struggle at 6:50 pm on February 12, 2020
coming from the general direction of the deceased’s home; PW – 1 rushed towards it.
On crossing the compound wall, PW – 1 stated that he saw the Petitioner dropping a
gandasa next to the deceased. The Petitioner, on seeing PW – 1, allegedly fled towards
the gate. Mr. Y and Mr. Z were standing near the gate of the residence of the deceased.
PW – 1 further stated in his affidavit that Mr. X, Mr. Y and Mr. Z were often seen in
company of the deceased in the past, and had seen them have a loud disagreement the
previous night (February 11, 2020) in the deceased’s house. PW – 1 further stated that
he saw Mr. X run towards Mr. Y and Mr. Z, but could not see whether they fled the
scene together.
E. Mr. Ranjeet Jacob (PW – 2), aged 53, r/o Lavasa, s/o. Mr. Emmanuel Jacob lives in the
house opposite to that of the deceased, across the road. He was not present on the day
of the incident. However, in the Pune Sessions Court, he testified on oath that he has,
on multiple occasions in the past, seen Mr. X, Mr. Y and Mr. Z together and could hear
the loud disagreement on the night of February 11, 2020. He had to visit his daughter
in Symbiosis Law School, Noida the very next day and was therefore out of station. He
also submitted an affidavit to the same effect.
F. Based on the aforementioned affidavits and oral testimony of PW – 1 and PW – 2, the
Sessions Court convicted Mr. X, Mr. Y and Mr. Z under Sections 300, 302 and 306 by
way of an order dated February 26, 2020 in Sessions Case No. 240 of 2020.
G. An appeal was filed before the Bombay High Court on March 15, 2020 against the
judgment of the Sessions Court by Mr. X, Mr. Y and Mr. Z. No additional evidence
was brought forth. The Bombay High Court observed that PW – 1 only witnessed Mr.
X dropping the murder weapon, and upheld his conviction. Since Mr. Y and Mr. Z were
long standing acquaintances of the deceased, their presence in his house compound was
considered inadequate ground for their conviction, as it raises reasonable doubt
regarding their guilt. Therefore, they were acquitted by the High Court.
H. The Pune Sessions Court and Bombay High Court have failed to appreciate two pieces
of evidence compromising PW -1’s credibility as a witness: a) Mortgage Deed between
PW – 1 (mortgagor) and the Petitioner (mortgagee) which has been stamped and
registered on March 15, 2015 and b) F.I.R. No. 2 of 2020 filed by Mrs. B (w/o. Mr. B)
in the Lavasa Police Station dated January 3, 2020 under Section 498A of the Indian
Penal Code, 1860.
I. PW – 1 had borrowed INR 40 lacs from the Petitioner on March 15, 2015; providing
the Petitioner a mortgage over his flat in Vimannagar, Pune (worth approximately INR
70 lacs). A period of 4 years was stipulated for repayment of the same at 10 % simple
interest. Therefore, an amount of INR 56 lacs was due from PW – 1 to the Petitioner as
51
of March 14, 2020, which is a mere 33 days away from the date on which the Petitioner
was found in the compound of the deceased.
J. Additionally, PW – 1’s wife Mr. B had lodged an F.I.R. against him, accusing him of
domestic violence under sec. 498A of the Indian Penal Code, 1860. Mrs. B is the
Petitioner’s elder sister, who has resided with him from January 4, 2020 (after filing the
F.I.R.). The Petitioner had engaged one Mr. Saurabh Batra to initiate divorce
proceedings and represent Mrs. B.
K. The aforementioned facts seriously compromise on PW – 1’s credibility as a witness.
The High Court has failed to consider ample precedent in this aspect, including Raju
alias Balachandran and others v. State of Tamil Nadu [AIR 2013 SC 983] wherein
it was held that when the witness is a related and therefore an interested witness having
an interest in seeing the accused punished and also having some enmity with the
accused, their testimony must be appreciated with far more caution. The Petitioner’s
conviction would prevent him from efficiently pursuing his rights as the mortgagee
under the Deed and helping his sister in the divorce proceedings. The Sessions Court
and Bombay High Court have erred in exercising such caution with regard to PW – 1.
L. That because the Petitioner was not actually seen attacking the deceased but merely
dropping the weapon next to his body, breaking the golden chain of events;
M. That because, considering the role of the Petitioner, which simply included dropping
the murder weapon in addition to what the other accused had already done, according
to the rule of parity, the High Court erroneously convicted the Petitioner; a clear
divergence from its treatment of the other two accused;
N. That because PW - 1 was interested in prosecution of Petitioner and is the sole witness
thereto, rendering him possibly prejudiced and therefore casting doubt upon the
credibility of his testimony;
O. That because deliberating upon the relevance of the evidence that the High Court and
Sessions Court erroneously disregarded and granting it special leave as a substantial
question of law is the exclusive privilege of the Apex Court:
6. PRAYER:
It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
A) Grant special leave to appeal to the Petitioner against the Final Judgment dated February
11, 2022 passed by the Hon’ble Bombay High Court in Misc. Cri. Appeal23 of 2022;
B) Conditional upon granting of such leave as mentioned herein before, set aside the Final
Judgment dated February 11, 2022 passed by the Hon’ble Bombay High Court in Misc.
Cri. Appeal 23 of 2022 as regards the guilt of the Petitioner on the grounds of testimony of
the sole witness being compromised by his vested interests;
C) Pass any such order or further order as this Hon’ble Court may deem fit in the facts and
circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND

SHALL EVER HUMBLY PRAY
Place: Pune Sd/-
PETITIONER
Sd/-
ADVOCATE FOR THE PETITIONER
VERIFICATION
I, Mr. X, r/o. Village Mundhwa, Pune, the Petitioner above named do hereby declare on solemn
affirmation that the contents of this petition are true and correct to the best of my knowledge
52
and beliefs, and so I have signed hereunder.
Place: Pune
Sd/- Sd/-
ADV. MUSKAN KHANDELWAL MR. X
ADVOCATE FOR THE PETITIONER PETITIONER
53

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DPC JOURNAL- SEMESTER IX-19010126032

ASSIGNMENT NO. 1 (OPTION 1): LEGAL NOTICE

Ms. Muskan Khandelwal C-403,

List of Attached Documents

ASSIGNMENT 2 (OPTION 3- ANY OTHER FACTS): MUTUAL CONSENT DIVORCE

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, PUNE

H.M. PETITION NO. 135 OF 2022

IN THE MATTER OF:

THE PETITIONERS ABOVE NAMED MOST RESPECTFULLY SHOWETH,

Place: Pune ________________

Place: Pune ________________

ASSIGNMENT 3: THE TERMS OF SERVICE FOR A WEBSITE AS SERVICE

USERS ARE INSTRUCTED TO CAREFULLY READ AND UNDERSTAND THE

THIS AGREEMENT represents a Service Level Agreement (“SLA” or “Agreement”) dated

‘______’, age-___, s/o____, Occupation ________, residing at _____, hereinafter referred to

‘__________’, incorporated on ‘_________’, having Registered Office at ‘______’, holding

3. OUR SERVICE PRIVACY POLICY

ASSIGNMENT 4: A PLAINT /SUIT FOR RECOVERY OF MONEY

IN THE COURT OF DISTRICT JUDGE, PUNE

Civil Suit No.: 125 of 2023

M/s ABC Pvt. Ltd. …Plaintiff

SUIT FOR RECOVERY UNDER ORDER XXXVII OF THE CODE OF CIVIL

MUSKAN KHANDELWAL………………………………….COUNSEL FOR PLAINTIFF

IN THE COURT OF DISTRICT JUDGE AT PUNE

(Under Order XXXVII of the Code of Civil Procedure 1908)

M/s. XYZ & Sons,

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS

ASSIGNMENT 5: AN APPLICATION FOR MAINTENANCE

IN THE COURT OF THE JUDGE, FAMILY COURT, GOA

Marriage Petition No 56 /2023

Smt. Jacinta Raman,

Shri Manish Nair,

APPLICATION FOR ALIMONY PENDENTE LITE AND EXPENSES OF PROCEEDINGS UNDER

Sr. No. Annexure Particulars

1. Annexure-A Copy of the Marriage Certificate

2. Annexure-B Attested Copy of School Bills

Attested Copy of pension bills, bank balances of the father

THE PETITIONER ABOVE NAMED SUBMITS THIS APPLICATION, PRAYING TO STATE AS

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY

Counsel for Applicant Applicant

Adv. Muskan Khandelwal. Smt. Jacintha Bhushan

ASSIGNMENT 6: LEAVE AND LICENSE AGREEMENT

THIS AGREEMENT OF LEAVE AND LICENSE (hereinafter referred to as “Agreement”)

other amounts payable by it to the Licensor.

9. TRANSFER/ASSIGN: The Licensee shall under no circumstances be entitled to assign or

THE COMMON SEAL of the withinnamed )

SCHEDULE A: THE FIXTURES

1. Air-conditioner - Videocon 1.5 Ton 5 Star Split Ac;

ASSIGNMENT 7 (OPTION 1): ANTICIPATORY BAIL APPLICATION

IN THE COURT OF SESSION JUDGE, MUMBAI

AN APPLICATION FOR THE GRANT OF ANTICIPATORYBAIL U/S 438 OF THE

THE APPLICANT ABOVE NAMED RESPECTFULLY SUBMITS AS UNDER.

Place: Mumbai Mr. NB

Adv. Muskan Khandelwal Mr. NB

ASSIGNMENT 8 (OPTION 1): REGULAR BAIL APPLICATION

IN THE COURT OF SESSIONS JUDGE, MUMBAI

State of Maharashtra ……..…………RESPONDENT

APPLICATION FOR THE GRANT OF BAIL U/S 437 OF THE CRIMINAL

Place: Mumbai Mr. GR

‘____’, age-_, s/o, Occupation , residing at _, hereinafter referred to

‘______’, incorporated on ‘_’, having Registered Office at ‘__’, holding