12TH MOOT COURT COMPETETION,2024
ROLL NO. 24LLB027
12TH NOVICE MOOT COURT COMPETITION, 2024
Before
HON’BLE CIVIL COURT OF ARYAVART
CIVIL APPEAL NO……/2023
IN THE MATTER OF
LIFE SMART SOLUTIONS ……….PETITIONER
V.
ULTRA GREEN PVT LTD …..……RESPONDENT
MEMORIAL ON BEHALF OF RESPONDENT
MEMORIAL ON BEHALF of RESPONDENT
12TH NOVICE MOOT COURT COMPETETION,2024
Table of content
12TH MOOT COURT COMPETETION,2024
List of abrvations
MEMORIAL ON BEHALF of RESPONDENT
12TH NOVICE MOOT COURT COMPETETION,2024
12TH MOOT COURT COMPETETION,2024
MEMORIAL ON BEHALF of RESPONDENT
12TH NOVICE MOOT COURT COMPETETION,2024
STATEMENT OF JURISDICTION
With regard to the circumstances that have been presented in the instant case, the Respondents ,
Ultra Green Pvt. Ltd., humbly submit that the Civil Court of Aryavart possesses the requisite
jurisdiction to adjudicate the present dispute under Section 9 of the Code of Civil Procedure, 1908,
which empowers civil courts to try all suits of a civil nature unless expressly barred. As there is no
specific exclusion of jurisdiction in the contract or statutory law, this dispute, being of a civil
nature involving contractual obligations, falls squarely within the jurisdiction of the civil court.
The provision under which the Hon’ble Court holds jurisdiction is read herein under as follows:
Section 9: Code of Civil Procedure, 1908
9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance
is either expressly or impliedly barred.
:
12TH MOOT COURT COMPETETION,2024
STATEMENT OF FACTS
[1] The Respondent, Ultra Green Pvt. Ltd., is a company incorporated in Aryavart,
specializing in the manufacture and sale of eco-friendly gardening products. The company is
committed to sustainability and has established a reputation for providing high-quality
products.
[2] In June 2023, Ultra Green entered into a formal agreement with Life Smart Solutions, a
prominent retail chain known for its extensive selection of eco-friendly products aimed at
environmentally conscious consumers. The primary objective of the partnership was for Ultra
Green to supply a new range of organic fertilizers to meet the growing demand for
sustainable gardening options.
[3] As per the terms of the contract, Ultra Green was to deliver 10,000 units of organic
fertilizer by September 1, 2023, for a total price of ₹5,00,000. The contract included a
penalty clause stipulating a penalty of ₹10,000 for each week of delayed delivery beyond the
agreed-upon date, thereby ensuring accountability and timely execution.
[4] In July 2023, Ultra Green faced significant challenges due to an unexpected shortage of
critical raw materials, primarily caused by widespread disruptions in the supply chain
affecting multiple industries across Aryavart. Despite diligent efforts to procure the necessary
materials, Ultra Green realized by mid-August that it would be unable to fulfill the complete
order by the stipulated deadline.
[5] On August 15, 2023, representatives from Ultra Green proactively contacted Life Smart
Solutions to communicate the anticipated delays in delivery. In light of the circumstances,
Ultra Green proposed an alternative plan to deliver 5,000 units by September 1, 2023,
followed by the remaining 5,000 units by September 15, 2023.
[6] Life Smart promptly rejected Ultra Green’s proposal, insisting on the complete delivery of
all units by the original deadline, failing which they would consider the agreement null and
void.
[7] On September 1, 2023, Ultra Green managed to deliver 5,000 units of the fertilizer along
with a letter reiterating their previous proposal for staggered deliveries. However, Life Smart
rejected this partial shipment as inadequate and subsequently declared Ultra Green in breach
of contract.
MEMORIAL ON BEHALF of RESPONDENT
12TH NOVICE MOOT COURT COMPETETION,2024
[8] Following the breach declaration, Life Smart Solutions sought alternative suppliers and
successfully procured the necessary fertilizers at a significantly higher cost. On September
10, 2023, they filed a suit against Ultra Green in the civil court, claiming damages amounting
to ₹1,50,000 for financial losses incurred due to the alleged breach of contract.
12TH MOOT COURT COMPETETION,2024
ISSUES RAISED
Counsel on behalf of the petitioner humbly submits the following issues before the hon’able
court :-
ISSUE 1
Whether ‘Civil Court’ has jurisdiction to adjudicate this case?
ISSUE 2
[2.1] Whether Urban Green breached the contract by failing to deliver all units on time?
[2.2] Whether Life Smart is entitled to claim damages from ‘Urban Green’ for ‘breach of
contract’?
ISSUE 3
Whether Life Smart is entitled to claim damages from ‘Urban Green’ under ‘Consumer
Protection Act’?
ISSUE 4
Whether Life Smart can seek specific performance of contract under the Specific Relief Act?
MEMORIAL ON BEHALF of RESPONDENT
12TH NOVICE MOOT COURT COMPETETION,2024
SUMMARY OF THE ARGUMENTS
ISSUE 1- Whether ‘Civil Court’ has jurisdiction to adjudicate this case?
